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HomeMy WebLinkAbout981784.tiff RESOLUTION RE: APPROVE ACCEPTANCE OF DONATION OF PROPERTY TO WELD COUNTY, BY WINDON AND BETSY DAVIS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Windon and Betsy Davis, 2730 Buena Vista Drive, Greeley, Colorado 80631, have donated property as described in the Agreement for Donation of Property to Weld County, and WHEREAS, it is the policy of Weld County to formally accept all donations via Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the donation of property by Windon and Betsy Davis be, and hereby is, accepted and designated for use by Weld County for open space, The Poudre River Trail, and creation of wetlands. BE IT FURTHER RESOLVED by the Board that a copy of this Resolution, along with a letter of appreciation, be forwarded to Windon and Betsy Davis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WE' D COUNTY, COLORADO ATTEST: ,L / t,mn$ Constance L. Harert, Chair Weld County Clerk tot :o AAA ,1 cI y1 at.0, W. W Ster, Pro- em Deputy Clerk to the 'arI 7 1 '-� "'perr �so, eorge E!Baxder OV AS TO M: Hall unty At orney EXCUSED Barbara J. Kirkmeyer 981784 PROO15 AGREEMENT FOR DONATION OF PROPERTY TO WELD COUNTY 9s-27 THIS AGREEMENT is made thi day of _Seta-. , 1998 by and between Windon Davis and Betsy Davis, as joint tenants,whose address is730 Buena Vista Drive, Greeley, Colorado 80631, hereinafter referred to as "Davis," and the County of Weld, a political subdivision of the State of Colorado,by and through the Board of County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as "County", WITNESSETH: WHEREAS, County is in need of property lying close to the Cache la Poudre River for open space, The Poudre Trail, and creation of wetlands, and WHEREAS, Davis owns the property generally described in the attached Exhibit "A," hereinafter referred to as "Property," and WHEREAS,Davis wishes to donate the entirety of Property to County for use by County for open space, The Poudre Trail, and creation of wetlands NOW, THEREFORE, the parties herein agree as follows: 1. Davis agrees to donate to County the entirety of Property described in "Exhibit A". 2. Davis agrees to grant the Property to County by Warranty Deed, free and clear of all encumbrances 3. County agrees to pay costs of title insurance and recording fees, if such title insurance is desired by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 6. General taxes and special assessments, if any, for the year 1998 for the Property shall be apportioned to the date of delivery of the Warranty Deed, based on the most recent levy and the most recent assessment. Davis represents and warrants that all general taxes levied prior to such year have been paid in full by Davis. 7. The parties agree that the value of the property conveyed to the county is $101,000 but that Page 1 of 3 Pages IIIIII 11111 111111 IIIIII 11111 II 111E111 III I'III IIII IIII 2648959 10/26/1998 01:16P Weld County CO �'gl �X� 1 of 4 R 0.00 D 0.00 JA Suki Tsukamoto if the seller desires an appraisal of the property it shall be obtained at Seller's sole expense. 8. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 9. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to create a duty of care with respect to any persons not a party to this Agreement. 10. All of the conditions, promises, and covenants stated herein shall be in full force and effect, notwithstanding the conveyance of the Parcel by Warranty Deed as outlined herein,and shall not merge with said Warranty Deed. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. DAVIS: BY: 11.4.42, 4r /V u� Windon H.. Davis BY: f /J ow Betsy Davis , a/Betsy L. Davis Page 2 of 3 Pages 1111111 IIIII II111I 1E111 11111 II IIIIIIII III IIIII IIII IIII / 2648959 10/26/1998 01:16P Weld County CO q�� 78`1 2 of 4 R 0.00 D 0.00 JR Suki Tsukamoto WELD COUNTY BY: (,o-7i1C,���ee.-- ' ,Z Constance L Harbert, Chairman Weld County Board of County Commissioners Page 3 of 3 Pages I 111111 IIIII 111111 II 11111111 III III liii liii 2648959 10/26/1998 01:16P Weld County CO 95-/ 78t/ 3 of 4 R 0.00 D 0.00 JR Suki Tsukamoto EXHIBIT A That portion of a parcel of land in the East Half of Section 33, Township 6 North, Range 66 West which parcel is more particularly described in Exhibit "B" which portion lies north of the centerline of the main channel of the Cache la Poudre River as it currently exists consisting of 20.4 acres more or less together with all rights to the sand, gravel and aggregate appurtenant thereto. Page 4 of 3 Pages 1111111 111111E11 1E111 11131111111 11111 IIII IIII 2648959 10/26/1998 01:16P Weld County CO � 4 of 4 R 0.00 D 0.00 JR Suki Tsukamoto � 7�7 WARRANTY DEED THIS DEED, Made this 21st day of October, 1998 between Windon H. Davis and Betsy Davis also known as Betsy L. Davis of the County of Weld and State of Colorado, grantor, and County of Weld, a body politic and corporate of the State of Colorado whose legal address is 915 10th Street, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of Donation, (Donation) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as vacant, Greeley, Colorado 80631 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Windo H D vis r\ B`etdy Davis also known as Betsy L. Davis STATE OF COLORADO } } as. The foregoing instrument was acknowledged before County of Weld } me this 21st day of October, 1998 by Windon H. Davis and Betsy Davis also known as Betsy L. Davis Witness my hand and official seal. My commission expires August 9, 1999 NOTARY PUBLIC 1113 Tenth Avenue No. 932A. Rev. 7-84 Greeley, Colorado 80631 "EXHIBIT A" LEGAL DESCRIPTION Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 .96 feet with all other bearings contained herein relative thereto; thence South 88 degrees 49 minutes 14 seconds West along the North line of said SE1/4NE1/4 to the Northwest corner of that parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder (WCCR) . Said point being the True Point of Beginning: thence along the Westerly line of the aforesaid parcel of land by the following 4 courses and distances: thence South 00 degrees 07 minutes 06 seconds West a distance of 199. 62 feet; thence South 04 degrees 39 minutes 52 seconds West a distance of 378.49 feet; thence North 89 degrees 52 minutes 54 seconds West a distance of 25. 00 feet; thence South 00 degrees 05 minutes 31 seconds West a distance of 299.28 feet; thence North 54 degrees 56 minutes 20 seconds West a distance of 51.90 feet; thence South 63 degrees 44 minutes 07 seconds West a distance of 63 .90 feet; thence South 43 degrees 58 minutes 52 seconds West a distance of 170. 63 feet; thence South 39 degrees 43 minutes 50 seconds West a distance of 35. 09 feet; thence South 27 degrees 34 minutes 07 seconds West a distance of 164 .81 feet; thence South 43 degrees 25 minutes 09 seconds West a distance of 135.70 feet; thence South 37 degrees 38 minutes 04 seconds West a distance of 75.14 feet; thence South 76 degrees 48 minutes 39 seconds West a distance of 63 .20 feet; thence North 70 degrees 38 minutes 59 seconds West a distance of 83 . 64 feet; thence North 48 degrees 59 minutes 56 seconds West a distance of 99.79 feet; thence North 53 degrees 47 minutes 20 seconds West a distance of 186.22 feet; thence North 03 degrees 58 minutes 35 seconds East a distance of 72.67 feet; thence North 13 degrees 02 minutes 26 seconds East a distance of 216.42 feet; thence North 50 degrees 43 minutes 54 seconds East a distance of 131.36 feet; thence North 19 degrees 34 minutes 19 seconds East a distance of 161. 03 feet; thence North 13 degrees 38 minutes 37 seconds East a distance of 324 . 59 feet; thence North 00 degrees 01 minutes 09 seconds East a distance of 64.33 feet; thence North 28 degrees 52 minutes 32 seconds West a distance of 43 .94 feet; thence North 68 degrees 11 minutes 03 seconds West a distance of 165.91 feet; thence North 82 degrees 35 minutes 30 seconds West a distance of 137 . 65 feet; thence North 69 degrees 10 minutes 57 seconds West a distance of 100.49 feet; thence South 89 degrees 27 minutes 09 seconds West a distance of 111.78 feet; thence South 63 degrees 50 minutes 04 seconds West a distance of 160. 13 feet; thence South 45 degrees 41 minutes 18 seconds West a distance of 23 . 67 feet to the West line of said SE1/4NE1/4; thence North 00 degrees 07 minutes 08 seconds East along said West line 9,S/ a distance of 150.20 feet to the Northwest corner of said SE1/4NE1/4 ; thence North 88 degrees 49 minutes 14 seconds East along the North line of said SE1/4NE1/4 a distance of 1270. 75 feet to the True Point of Beginning. PARCEL 2 : A parcel of land being part of the SE1/4 of the NE1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 . 96 feet with all other bearings contained herein relative thereto: thence South 00 degrees 07 minutes 18 seconds West along said East line a distance of 945. 17 feet; thence North 63 degrees 37 minutes 04 seconds West a distance of 33 .45 feet to the Westerly right-of-way line of Weld County Road No. 31, also being 59th Avenue, and being on the Easterly line of the parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder; thence North 00 degrees 07 minutes 18 seconds East along the Westerly line of the aforesaid right-of-way lines and also being the Easterly line of the aforesaid parcel of land a distance of 929. 69 feet to the Northeast corner of the aforesaid parcel of land and being the North line of said SE1/4NE1/4 ; thence North 88 degrees 49 minutes 14 seconds East along said North line a distance of 30.01 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Union Colony of Colorado by deed recorded in Book 87 at Page 119 . ALSO EXCEPTING THEREFROM a parcel of land conveyed to City of Greeley by deed recorded October 29, 1996 in Book 1574 as Reception 2517822 . Name and address of person creating newly created legal description (38-35-106.5, C.R.S. ) King Surveyors, Inc. 9299 Eastman Park Drive Windsor, CO 80550 9S/78/ REAL PROPERTY TRANSFER DECLARATION (TD-1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4) , Colorado Revised Statutes (C.R.S.) . Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer) . Refer to 39-14-102(1) (a) , C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the thirty days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1) (b) , C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-13-102(5) (c) , C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers. vacant, Greeley, Colorado 80631 SEE ATTACHED LEGAL 2. Type of property purchased: Single Family Residential Townhome Condominium _Multi-Unit Res - Commercial Industrial Agricultural _Mixed Use Vacant Land - Other 3. Date of Closing: October 21, 1998 4. Total sale price: Including all real and personal property. $ porl A rc 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes ., No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. Yes ),(' No If yes, value $ IT yes,-does this transaction involve a trade under IRS Code Section 1031? Yes 2No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. Yes _No If no, interest purchased %. 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. _Yes XNo 7S/ 7s.-y 9. Check any of the following that apply to the condition of the improvements at the time of purchase. New _Excellent _Good _Average _Fair Poor _Salvage. If the property is financed, please complet- he following. 10. Total amount financed. $ 11. Type of financing: (Check all at apply) _New Assumed Seller hird Party Combination; ExpTiin 12. Terms: _Variable; Starting nterest rate Fixed; Interest r• e Length of time years Balloon payment _'es _`o. If yes, amoun Due date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? _Yes ?LNo If yes, franchise or license fee value $ 15. Did the purchase price involve an installment land contract? Yes No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? _Yes _No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this day of , 19 Enter the day, month and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. Signature of Grantee (Buyer)_ or Grantor (Seller)_ Address (mailing) Daytime Phone City, State and Zip Code "EXHIBIT A" LEGAL DESCRIPTION Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 . 96 feet with all other bearings contained herein relative thereto; thence South 88 degrees 49 minutes 14 seconds West along the North line of said SE1/4NE1/4 to the Northwest corner of that parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder (WCCR) . Said point being the True Point of Beginning: thence along the Westerly line of the aforesaid parcel of land by the following 4 courses and distances: thence South 00 degrees 07 minutes 06 seconds West a distance of 199. 62 feet; thence South 04 degrees 39 minutes 52 seconds West a distance of 378.49 feet; thence North 89 degrees 52 minutes 54 seconds West a distance of 25. 00 feet; thence South 00 degrees 05 minutes 31 seconds West a distance of 299.28 feet; thence North 54 degrees 56 minutes 20 seconds West a distance of 51. 90 feet; thence South 63 degrees 44 minutes 07 seconds West a distance of 63 . 90 feet; thence South 43 degrees 58 minutes 52 seconds West a distance of 170. 63 feet; thence South 39 degrees 43 minutes 50 seconds West a distance of 35. 09 feet; thence South 27 degrees 34 minutes 07 seconds West a distance of 164 . 81 feet; thence South 43 degrees 25 minutes 09 seconds West a distance of 135.70 feet; thence South 37 degrees 38 minutes 04 seconds West a distance of 75. 14 feet; thence South 76 degrees 48 minutes 39 seconds West a distance of 63 . 20 feet; thence North 70 degrees 38 minutes 59 seconds West a distance of 83 . 64 feet; thence North 48 degrees 59 minutes 56 seconds West a distance of 99.79 feet; thence North 53 degrees 47 minutes 20 seconds West a distance of 186.22 feet; thence North 03 degrees 58 minutes 35 seconds East a distance of 72 . 67 feet; thence North 13 degrees 02 minutes 26 seconds East a distance of 216.42 feet; thence North 50 degrees 43 minutes 54 seconds East a distance of 131. 36 feet; thence North 19 degrees 34 minutes 19 seconds East a distance of 161. 03 feet; thence North 13 degrees 38 minutes 37 seconds East a distance of 324 . 59 feet; thence North 00 degrees 01 minutes 09 seconds East a distance of 64 .33 feet; thence North 28 degrees 52 minutes 32 seconds West a distance of 43 .94 feet; thence North 68 degrees 11 minutes 03 seconds West a distance of 165.91 feet; thence North 82 degrees 35 minutes 30 seconds West a distance of 137. 65 feet; thence North 69 degrees 10 minutes 57 seconds West a distance of 100.49 feet; thence South 89 degrees 27 minutes 09 seconds West a distance of 111.78 feet; thence South 63 degrees 50 minutes 04 seconds West a distance of 160. 13 feet; thence South 45 degrees 41 minutes 18 seconds West a distance of 23 . 67 feet to the West line of said SE1/4NE1/4 ; thence North 00 degrees 07 minutes 08 seconds East along said /West line `/3i 785f a distance of 150. 20 feet to the Northwest corner of said SE1/4NE1/4; thence North 88 degrees 49 minutes 14 seconds East along the North line of said SE1/4NE1/4 a distance of 1270.75 feet to the True Point of Beginning. PARCEL 2: A parcel of land being part of the SE1/4 of the NE1/4 of Section 33 , Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Northeast corner of said SE1/4NE1/4 and assuming the East line of said SE1/4NE1/4 as bearing South 00 degrees 07 minutes 18 seconds West, as determined by GPS observation, a distance of 1363 .96 feet with all other bearings contained herein relative thereto: thence South 00 degrees 07 minutes 18 seconds West along said East line a distance of 945. 17 feet; thence North 63 degrees 37 minutes 04 seconds West a distance of 33 .45 feet to the Westerly right-of-way line of Weld County Road No. 31, also being 59th Avenue, and being on the Easterly line of the parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the Weld County Clerk and Recorder; thence North 00 degrees 07 minutes 18 seconds East along the Westerly line of the aforesaid right-of-way lines and also being the Easterly line of the aforesaid parcel of land a distance of 929 . 69 feet to the Northeast corner of the aforesaid parcel of land and being the North line of said SE1/4NE1/4; thence North 88 degrees 49 minutes 14 seconds East along said North line a distance of 30. 01 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Union Colony of Colorado by deed recorded in Book 87 at Page 119 . ALSO EXCEPTING THEREFROM a parcel of land conveyed to City of Greeley by deed recorded October 29, 1996 in Book 1574 as Reception 2517822 . Name and address of person creating newly created legal description (38-35-106. 5, C.R. S. ) King Surveyors, Inc. 9299 Eastman Park Drive Windsor, CO 80550 REAL ESTATE WATER AND SEWER AGREEMENT Escrow No. : 8044791 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: vacant, Greeley, Colorado 80631, that as of the date of closing the water Per verbal information from Buyer and Sellers ACCOUNT IS: None BASED ON THE ABOVE INFORMATION: Escrow Agent HAS NOT ADJUSTED FOR WATER AND SEWER, ADJUSTMENT AS REQUIRED, WILL BE MADE BETWEEN PARTIES AND ARE NOT A PART OF THIS ESCROW. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PURCHASERS AND SELLERS THAT THIS IS A FINAL SETTLEMENT AND HEREBY RELIEVE ESCROW AGENT OF ALL FURTHER LIABILITY AND RESPONSIBILITY. This Agreement executed this 21st day of October, 1998 APPROVED AND ACCEPTED: Purchaser(s) Seller(s) County of Weld, a body politic and / 64-11 corporate of the State of Colorado Wtndon H. Davis Be sy Dav a so nown as Betsy L. Davis on tance L. 2ni %cfl a 95/ igy REAL ESTATE TAX AGREEMENT Escrow No. : 8044791 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: vacant Greeley, Colorado 80631 that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION None - prorations done under 8044790 AGREEMENT FOR READJUSTMENT The above tax proration is considered to be final settlement. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: Special improvements now in are paid in full . OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S/TREASURER'S OFFICE AND/OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: Purchaser(s) Seller(s) County of Weld, a body politic and /(iwc44rt �/uv corporate of the State of Colorado Windon H. Davis 2 u 6a4ra - Betsy Da s also knows Betsy L. Davis nsta e L. ar ert, airmaa„ This agreement executed this 21st day of October, 1998. ESCROW NO. : 8044791 9g/ 78y TRANSNATION TITLE INSURANCE COMPANY A Reliance Group Holdings Company CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. To: TRANSNATION TITLE RE: vacant INSURANCE COMPANY Greeley, Colorado 80631 1. Windon H. Davis and Betsy Davis also known as Betsy L. Davis (SELLER) and County of Weld, a body politic and corporate of the State of Colorado (PURCHASER) engage TRANSNATION TITLE INSURANCE CO: (CLOSING AGENT), who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of Weld and State of Colorado, to wit: Part of SE 1/4 8 S 1/2 NE 1/4 Section 33-6-66 (Call for Accurate Legal-King Surveyors) also known as: vacant, Greeley, Colorado 80631 2. Closing Agent is authorized to obtain information and agrees to prepare, obtain deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated September 24, 1998, with ALL amendments and counterproposals attached (Contract), and made part of this document. 3. Legal documents will be prepared by Closing Agent at the expense of Buyer. 4. Closing Agent will receive a fee not to exceed S175.00 for providing these closing and settlement services to be the expense of Buyer. 5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either:available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn("Good Funds"). 6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 12 and 13. 7. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Purchaser and Seller by Closing Agent or Agent or Purchaser's lender on or before closing. 8. Seller will receive the net proceeds of closing as indicated: Cx) Closing Agent's Trust Account Check, C I Cashier's Check at Seller's expense, C I Funds electronically transferred (wire transfer) to an account specified by the Seller, at Seller's expense. 9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction, and Purchaser and Seller further agrees to sign and complete all and customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at time of closing. 11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all real property taxes and special assessments, despite any provision in these printed Closing Instructions or the Sale and Purchase Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the title insurance company harmless regarding said real property taxes and special assessments paid or to be paid by others. 13. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(s) returned to Purchaser and copy to Purchaser's lender. 14. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies, documents, and things of value received from any party except Purchaser's lender, Closing Agent shall retain such items until • (1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its sole discretion, commence a civil action to interplead, or interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees. 15. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and Closing Agent. 16. Special Instructions: APPROVED AND ACCEPTED �q Seller(s) /1 �� / Purchaser(s) Closing Agent �,� � � ��. X //,4,�� County of Weld, a body politic and By: Kelly L. Belden 10/21/98 Windon H. Davis m/ corporate of the State of Colorado 27—v1 Betsy Davis so known as Betsy L. Davis / d / 'ZIAt41. ) v nstance L. Harbert, Chairman Ci( i 7 L/ TRANSNATION TITLE INSURANCE COMPANY 1113 Tenth Avenue Greeley, CO 80631 (970) 352-2283 Escrow Officer: Kelly L. Belden Title No. : 8044791 Escrow Officer Date : October 21, 1998 BUYER'S CLOSING STATEMENT Buyer(s): County of weld, a body politic and Seller(s): Windon H. Davis corporate of the State of Colorado Betsy Davis also known as Betsy L. Davis Property: vacant Greeley, Colorado 80631 Part of SE 1/4 8 S 1/2 NE 1/4 Section 33-6-66 (Call for Accurate Legal-King Surveyors) DEBIT CREDIT Contract Sales Price PRORATIONS LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE 175.00 OWNERS TITLE INSURANCE PREMIUM 540.00 TAX CERTIFICATES 30.00 RECORDING FEES, TRANSFER TAXES Warranty Deed 26.00 DOCUMENTARY FEE 10.10 ADDITIONAL CHARGES ***** SUB TOTAL 781.10 RECEIPT DUE FROM BUYER 781.10 S781.10 $781.10 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. County of Weld, a body politic and Broker corporate of the State of Colorado By: Ci Transnation Title Insurance Company C nstance L. Harbert, Chai, Chai an „r1,. 2 By: Kelly L. Belden C�Ul� L� y817s�f Hello