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HomeMy WebLinkAbout20250496.tiffResolution Approve Acceptance of Deed of Dedication for Purchase of Public Road Right -of -Way for County Road 66 Corridor Project and Authorize Chair to Sign — Kaycee Lytle 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, on the 29th day of January, 2025, by Resolution #2025-0325, the Board of Weld County Commissioners approved the Memorandum of Agreement for Purchase of Property Interest for the County Road 66 Corridor Project with Kaycee Lytle, and Whereas, pursuant to said agreement, the Board has been presented with a Deed of Dedication for the Purchase of Public Road Right -of -Way for the County Road 66 Corridor Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Kaycee Lytle, commencing upon full execution of signatures, with further terms and conditions being as stated in said deed, and Whereas, after review, the Board deems it advisable to approve and accept said deed, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the a Deed of Dedication for the Purchase of Public Road Right -of -Way for the County Road 66 Corridor Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Kaycee Lytle, be, and hereby is, approved and accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said deed. 5011955 Pages: 1 of 2 02/19/2025 01:42 PM R Fee:$0.00 Carly' ppes, Clerk and Recorder, Weld County , CO CC Pw(.CH/DIJ/DD/cK/SQ) EaktilYi III .2/,4/25 2025-0496 EG0083 Acceptance of Deed of Dedication for Purchase of Public Road Right -of -Way for County Road 66 Corridor Project — Kaycee Lytle Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 19th day of February, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5011955 Pages: 2 of 2 02/19/2025 01:42 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 KIVA 4111,74% II 2025-0496 EG0083 MEMORANDUM TO: Esther Gesick, CTB DATE: February 13, 2025 .G_� T Y FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of Deed of Dedication for Kaycee Lytle on the CR 66 Corridor Project Please place the attached Acceptance of the deed of dedication for the Kaycee Lytle ROW parcel on the consent agenda. The signed Memorandum of Agreement (MOA) was approved by the BOCC on January 29, 2025. The OnBase ID for the MOA is 9046 and the docket number was 2025-0325. 2025-0496 2A9 EC -,00$3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of r -e, , 20 i , between Kaycee Lytle (referred to herein as "Grantor", whether one or more), whose legal address is 21417 County Road 66, Greeley, CO 80631 and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit The real property described and depicted on the attached Exhibit A. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights inclu. ' : non -tributary and not non -tributary water currently attached to, upon, under, or associated with '. pro • rty, except as red to sustain the integrity of the Public Highway. GRANTO Kay•' Lytle STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this by Kaycee Lytle. Witness my hand and official seal. My Commission Expires: ACCEPTANCE CHRISTINE MOSER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2004400134 MY COMMISSION EXPIRES MAY 7, 2028 day of r , 2025, The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this ( q day of .� 1.. , 2025. ATTEST: 4,W4itet, �►�� BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board LD COUNTY, COLORADO By: eputy Clerk to the Bo./� "� '�'� air, Boar,.f County Commissioners *No Deed of Dedication is valid until acard of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). (Version 2024-01-30) EXHIBIT -A PROPERTY DESCRIPTION RW-29 A PARCEL OF LAND, LOCATED IN THE EAST ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF FAMILY FARM DIVISION NO. FFD21-0008, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4732191, DATED JULY 02, 2021 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF THE EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER AS BEARING NORTH 89'30'34" WEST, A DISTANCE OF 1323.18 FEET, TO THE WEST ONE -SIXTEENTH CORNER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 65 VEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE SOUTH LINE OF EAST ONE-HALF OF SAID SOUTHWEST ONE -QUARTER, NORTH 89'30'34" WEST, A DISTANCE OF 222.59 FEET, TO THE SOUTHEAST CORNER OF SAID LOT -A; THENCE DEPARTING SAID SOUTH UNE AND ALONG THE EASTERLY UNE OF SAID LOT -A, NORTH 00'46'53" WEST, A DISTANCE OF 20.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 66, DESCRIBED IN BOARD OF COUNTY COMMISSIONER RECORDS IN BOOK 2, PAGE 77, DATED APRIL 07, 1876, AND BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID EASTERLY LINE AND ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 89'30'34" WEST, A DISTANCE OF 530.88 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT -A; THENCE DEPARTING SAID RIGHT-OF-WAY UNE AND ALONG THE WESTERLY UNE OF SAID LOT -A, NORTH 00'46'53" WEST, A DISTANCE OF 136.66 FEET; THENCE DEPARTING SAID WESTERLY UNE, NORTH 87'02'20" EAST, A DISTANCE OF 4.66 FEET, TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 526.21 FEET WHOSE RADIUS IS 12730.00 FEET, CENTRAL ANGLE IS 02'22'06" AND WHOSE CHORD BEARS NORTH 88'13'23" EAST, A DISTANCE OF 526.17 FEET, TO A POINT ON THE EASTERLY UNE OF SAID LOT -A; THENCE ALONG SAID EASTERLY UNE, SOUTH 00'46'53" EAST, A DISTANCE OF 157.76 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 79,109 sf. OR 1.816 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION KAYCEE LYTLE RW-29 WELD COUNTY, COLORADO AOMMP 5011956 Pages: 2 of 3 02/19/2025 01:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 NMI 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT NO: GR-67 15CALE: EXHIBIT -A AC :ED REO�1&06? i6. 3-C•b-2022 I AR ENE.RG; LEAST_ AREA - LYTLE FARMS LLC LOT 8 FFD21.06tl8 REGM?32X91, -02.2621 \I 5� 12 544 6 �6 Ess s urlurY Enutv+�NTFQR-� �, �}�', NEr I't' Ot LOTS A &R =2),L\ rt AC:(JI II.SiTIOWC I I CC 5 '22 - --PL pr -ROW -W-1/16 COR. 022-T6N-R65W FWD 2 1/2" ALUM. CAP LS -38479 2019 IN MON. BOX PL LYTLE FARMS LLC LO -f A REC7c20.00I2 REC#4581304,4-08-2020 RW-29 RIGHT—OF—WAY ACQUIRED 79,109 sf.— OR 1.816 ac.± 60' PL PL `- KAYCEE LYTLE C -C-1 /16 COR.- S22-T6N-R65W FWD 3 1/4" AWM. CAP LS -37041 2021 PARC.#080322300022 RECP.#4734747 QCD, 7-12-2021 LOT A FFD21-0008 REC#4732191, 7-02-2021 a -L5 C1 L4 FUTURE RIGHT-OF-WAY Pr -ROW Pr -ROW Pr-ROMCBASIS OF BEARING , EXISTING 40' N89'30 34"W 1323.18 RIGHT-OF-WAY RDBK2,PG77 APR. 07-1876 CQUISMON Pr -ROW OFISICK PL L3 L6 08-2022 Pr -ROW HUNGENBERG P.0r87 P.O.C. S-1/4 COR. S22-T6N-R65W-� FWD 3 1/4" ALLM. CAP LS -10855 2001 IN MON. BOX HUNGiNBERG Uri MRP1S LL LP _L1 CURVE TABLE Cl 1LENGTH 526 21112730..00'DIUS 102 22'06"DELTA �N88'13'23"E 1CHD 526.17' LINE TABLE LINE BEARING DISTANCE L1 L2 N89'30'34"W NOO'46'53"W N89'30'34"W NOO'46'53"W N87'02'20"E S00'46'53"E 222.59' 20.00' 530.88' 136.66' 4.66' 157.76' L3 L4 L5 L6 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION KAYCEE LYTLE RW-29 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 CORRIDOR PROJECT PROJECT NO: GR-67 'SCALE. 1 "=200 DOTE: 8-02-24 'DRAWN BY: DRHISHEET: 2 of 2 5011956 Pages: 3 of 3 02/19/2025 01:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111IrATIVIINCRIDI, IIAriar kW: ��' Aliild 11111 Buyer: Seller: American Land Title Association ALTA Settlement Statement - Buyer Adopted 05.01-2015 File NoJEscrow No.: 2530265 Officer/Escrow Officer:Cheri Kern Stewart Title Company 1275 58th Ave Unit C Greeley, CO 80634 (970)356-5573 Properly Address: 0 VACANT LAND GREELEY, CO 80631 (WELD) (R8973453, 080322300022) WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC KAYCEE LYTLE Settlement Date: 2/14/2025 Description.. Buyer ..... Debit : .Credlt Deposits, Credits, Debits Sale Price of Property $87,020.00 Damages $4,474.00 Fencing $890,584.00 Compensation $482,758.50 Prorallons County Taxes 1/1/202510 214/2025 @ $140.981year $18.99 Title Charges Title • Lenders Title Insurance lo Stewart Title Company Title • Owners Title Insurance to Stewart Title Company $890.00 Tide- Recording Service Fee to Rocky Mountain Recording Services (R) 535.00 Title - Settlement or closing fee to Stewart Tide Company $800,00 Title -Tex Cefific. Fee to Rocky Mountain Recording Services (R) $40.00 Debit Credit Subtotals $1,465,1t11.5o $18.99 Due From Buyer $1,488,184,51 Totals $1,468,181.50 $1,488,181.50 Acknowledgement Well have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTASettlement Statement. We/t authorize Stewart Title Company to cause the funds to be disbursed in accordance w(lh this statement, SUYER(S) fretCeunty, Colorado e e. y C refs and Poetic We OW SETREMENT C00RDINATO Cheri Kem Page 1 of 1 Flee 2530265 Printed on 2/11/2025 at 2:00 PM Non -Disbursement Agreement Date: February 14, 2025 Property Address: 0 Vacant Land, Greeley, CO 80631 Buyer(s)/Borrowegs): Weld County, Colorado, a Body Corporate and Politic Seller{s): Kaycee Lytle File No.: 2530265 To: Stewart Title Company This agreement is requested by all parties to the above mentioned property in order to facilitate the closing for the convenience of the Buyer/Borrower, Seller, Realtors and Lender referenced in the file number listed above. At the date and time agreed to by the parties for the real estate dosing, all parties acknowledge that there are certain items missing that are necessary to complete the transaction and are listed as follows; • Receipt by Stewart Title a copy of the Recorded Deed All parties request that Stewart Title Company or their designated closing agent proceed with the preparation and closing of this transaction subject to the receipt of the above listed Items. All parties agree and acknowledge that if the missing Items are not in the closing agents possession on or before by February 19, 2025 , then this transaction is null and void and of no further consequences unless an extension is signed by all parties. All parties understand and agree that no funds will be disbursed and all documents will be held in escrow until the missing items listed above are in receipt by the closing agent acting on behalf of Stewart Title Company. It is also agreed that Stewart Title Company or their closing WI ' ur no liability for the closing of this transaction as stipulated in this agreement. Acknowledged and Accepted W ��yyniyfty, Colorado, a Body Corporate and Politic by P,�„ S,-Nfr fdlAil Perry L. Buck, Chair File No.: 2530265 K-"cee Lytle Page 1 of 1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CL8-5-19) (Mandatory 7-19) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORESIGNING. CLOSING INSTRUCTIONS Date: February 14, 2025 1. PARTIES, PROPERTY. Kaycee Lytle, (Seller), and Weld County, Colorado, a Body Corporate and Politic, (Buyer), engage Stewart Title Company, (Closing Company), who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property known as No. 0 Vacant Land, Greeley, CO 80631 and more fully described in the Contract to Buy and Sell Real Estate, dated January 29, 2025', including any counterproposals and amendments (Contract). The Buyer's lender may enter into separate closing instructions with the Closing Company regarding the closing of the Buyer's loan. All terms of the Contract are incorporated herein by reference. In the event of any conflict between this Agreement sad the Contract, this Agreement controls, subject to subsequent amendments to the Contractor this Agreement. 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company S Agrees 0 Dos Not agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been thinned. Closing Company S Agrees 0 Dos Not agree to furnish copies of Exceptions. 3. INFORMATION, CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to deliver and record all documents required or customarily recorded, and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract, 4. PREPARATION OF DOCUMENTS. The Closing Company will prepare the necessary documents to carry out the terms and conditions of the Contract to include: 4.1. Deed. If the deed required in the Contract is a special warranty deed, general warranty deed, bargain and sale deed (excluding a personal representative's or trustee's deed) or a quit claim deed, the deed will be prepared in accordance with the Contract by the Closing Company. However, if the Contract requires a different form of deed (e.g.: personal representative's deed or trustee's deed) or requires that the special warranty deed or general warranty deed list exceptions other than the "statutory exceptions" as defined in §38-30-113(5)(x), C.R.S., then the Buyer or Seller must provide the deed or written instructions for preparation of the deed to the Closing Company for Closing. For any Buyer or Seller provided deed or written instructions for preparation of the deed that requires a list of exceptions other than the "statutory exceptions," the Buyer and Seller will hold the Closing Company harmless for any causes of action arising out of the use of such deed, The parties acknowledge that the real estate broker working with either the Buyer or Seller is not responsible for reviewing or approving any deed not prepared by the real estate broker. 4.2. Bill of Sale. If the transaction includes the sale of personal property (i.e. within the Contract or a Personal Property Agreement) from the Seller to the Buyer, Seller and Buyer authorize Closing Company to prepare the bill of sale conveying the personal property from the Seller to the Buyer as their scrivener. The Buyer and Seller understand that the bill of sale is a legal document and it is recommended that it be reviewed and approved by their respective attorneys. 4.3. Closing Statement. Closing Company will prepare and deliver accurate, complete and detailed closing statements to Buyer, Seller and the real estate brokers working with Buyer and Seller. Closing Statements will be prepared in accordance with the Contract and written instructions from the Buyer, Seller, lender or real estate brokers so long as such written instructions are not contrary to the Contract. If the written instructions are contrary to the Contract, the Buyer and Seller must execute an Agreement to Amend/Extend the Contract. 5. CLOSING FEE. Closing Company will receive a fee of $600.00 for providing closing and settlement services (Closing Fee). 6. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§ 10, 11 and 12. 7. DISBURSER. Closing Company must disburse all funds, including real estate commissions, except those tttnds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made • 8. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: ❑ Cashier's Check, at Seller's expense 0 Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense 0 Closing Company's trust account check. 9. WIRE AND OTHER FRAUDS. Wire and other frauds occur in real estate transactions. Anytime Buyer or Seller is supplying confidential information, such as social security numbers, bank account numbers, transferring or receiving funds, Buyer and Seller should provide the information in person or in another secure manner, 10. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 11, RETURN OF EARNEST MONEY. Except as otherwise provided in § 12, (Earnest Money Dispute), if the Earnest Money is being held by Closing Company and has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Closing Company must release the Earnest Money as directed by written mutual instructions from the Buyer and the Seller. Such release of Earnest Money must be made within five days of Closing Company's receipt of the written mutual instructions signed by both the Buyer and Seller, provided the Earnest Money check has cleared. 12. EARNEST MONEY DISPUTE. In the event of any controverry regarding the Earnest Money (notwithstanding any termination of the Contract), provided Closing Company is holding the Earnest Money, Closing Company is not required to take any action. Closing Company, at its option and sole subjective discretion, may: (l) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and recover court casts and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Closing Company receives a copy of a Summons and Complaint or Claim (between CL8-5d9. CLOSING INSTRUCTIONS Page 1 or2 Buyer and Seiler) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Closing Company's notice to the parties, Closing Company is authorized to return the Earnest Money to Buyer. In the event Closing Company does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Closing Company must disburse the Earnest Money pursuant to the Order of the Court. 13. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 14. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company will submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available. Closing Company is not liable for delaying Closing to ensure Buyer completes any required form. 15. FIRPTA AND COLORADO WITHHOLDING. 15.1. FIRPTA. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to determine Seller's foreign person status. If withholding is required, Seller authorizes Closing Company to withhold any required amount from Seller's proceeds and remit it to the Internal Revenue Service. i5.2. Colorado Withholding. Seller agrees to cooperate with Closing Company to provide any reasonable requested documents to determine Seller's status. If withholding is required under Colorado law, Seller authorizes Closing Company to withhold any required amount from Seller's proceeds and remit it to the Colorado Department of Revenue. 16. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission) 17. COUNTERPARTS. This document may be executed by each party, separately, and when each party Ms executed a copy, such copies taken together are deemed to be a full and complete contract between the parties. 18. BROKER'S COPIES. Closing Company must provide, to each real estate broker in this transaction, copies of all signed documents that such real estate brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. Closing Company is authorized by both Buyer and Seller to deliver their respective Closing Statement to one or both real estate brokers involved in the transaction. 19. NOTICE, DELIVERY, AND CHOICE OF LAW. 19.1. Physical Delivery and Notice. Any document, or notice to another party must be in writing, except as provided in §19.2 and is effective when physically received by such party. 19.2. Electronic Notice. As an alternative to physical delivery, any notice may be delivered in electronic form to another party at the electronic address of the recipient by facsimile, email or ( 1. 19.3. Electronic Delivery. Electronic Delivery of doouments and notice may be delivered by: (I) email at the email address of the recipient, (2) a link or access to a websltte or server, provided flu recipient receives the information necessaryto access the documents or (3) facsimile at the facsimile number (Fax No.) of the recipient. 19.4. Choice of Law. These Closing Instructions and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. Buyer(s) Signature W- "9O Coloradoj Body Corporate and Politic G, 10.atir Date: February 14, 2025 Closing Company's Name: Stewart' tecpmpany Address: Phone No.: Fax No.: Email Address: A Signature 1275 58th Ave, Unit C, Greeley, CO 80634 (970)356-5573 1/41v; Date CUI-5-19. CLOSING INSTRUCTIONS Page 2 of 2 //tstewart TITLE %StewaR T1Ue Company SSITI Ave, Min"' Greeley, CO 80834 (570) 356.5573 mat, isamkemesbewart.com REAL ESTATE TAX, WATER, SEWER, HOA, PROPANE & SEPTIC AGREEMENT Date: February 14, 2025 F0e No.: 2530265 Property: 0 Vacant Land, Greeley, CO 80631 I. TAXES: The basis of the tax proration Is as follows: ® The previous year's taxes in the amount of 140.96 O An estimate of taxes for the current year. f ❑ Total assessed value:( ❑ Mill Levy ❑ Total Estimated Taxes: I ❑ Other f O Tax Exemption Applies SUCH PRORATION SHALL BE CONSIDERED A FINAL SETTLEMENT UNLESS OTHERWISE AGREED IN WRITING BY BUYER AND SELLER. IF THE PRORATION IS NOT FINAL SETTLEMENT, THE BUYER(S) AND SELLER(S) HEREBY AGREE THAT THEY ASSUME FULL RESPONSIBILITY FOR PURSUING AND EFFECTING THE ADJUSTMENT, AND STEWART TITLE COMPANY SHALL HAVE NO RESPONSIBILITY IN REGARD THERETO. The above figures were obtained by telephone from the County Treasurer's and/or Assessor's office. Stewart Title Company is released from any and all liability in the event the County misquoted the assessment and/or mill levy figures. Any further adjustments shall be made solely between the Buyer(s) and Seller(s), if necessary, and will not make or be responsible for this re -adjustment or any liability connection therewith. Stewart Title Company assumes no responsibility for pursuing and effectuating any readjustments and is released from any and all responsibility for said readjustments. Stewart Title Company assumes no responsibility for the adjustment of special assessments, taxes, or for the exception of said items In the conveyance, unless they are shown on the County Treasurer's Certificate of Taxes Due. Seller(s) hereby warrants that special assessments affecting subject property, including but not limited to Homeowner's Association dues or assessments, are paid In full, except as reflected on the statement of settlement. II. WATER/SEWER: PER INFORMATION FROM:n/a — no water to transfer O No Proration in Flat Rate items for Sewer/Wastewater/Storm Water in the amount of 3U have been prorated between buyer and seller for the billing period of. ❑ Escrow Agent has withheld $[_J from the seller's proceeds to pay the final billing for any water and/or sewer charges. Funds withheld in excess of the amount due on the final statement shall be returned to the seller. In the event the final bill exceeds the escrowed amount, any additional charges are the responsibility of the seller and/or buyer. ❑ Escrow Agent has withheld $U from the seller's proceeds to pay the final billing for any water and/or sewer charges to be sent directly to f____] Water Company for escrow to be refunded directly from them. O Escrow Agent has not prorated for water and sewer. Any adjustments required will be made between buyer(s) and sellers) and are not a part of the closing. Fite No.: 2530265 Page 1 of 2 File No.: 2530265 0 Water/Sewer included in HOA. III. HOMEOWNER•SICONDOMINIUMASSOCIATION: The property A subject to ONE Homeowner/Condominium Association. �- Not Applicable ❑ The homeowner's or condominium association has provided verbal or written information to the Escrow Agent, and has indicated that for the current assessable period, the assessment 0 has O has not been paid. The assessment 0 has 0 has not been prorated between the buyer(s) and seller(s). If applicable, any working capital / transfer fees / statement fees have also been collected per the HOA statement and purchase contract. ...By signing below, seller certifies that there are no notices of special assessment or HOA violations from any of the HOA companies associated with this property to date other than those listed, if any, on the status letter(s) received by the HOA company(s). Both parties agree that any special assessments OR violations not listed on the status letter(s) will be handled outside of this closing transaction by the parties and both sellers and purchasers agree to indemnify Stewart Title Company of any loss due to non -disclosure of same. IV. PROPANE: ® N/A 0 Has been paid in the amount of $[ 1. Prorated at $(_______] and V. SEPTIC ❑ N/A gallons ❑ Seller and Buyer agree to hold harmless and indemnify Stewart Title Company of any fines, fees, damages, attorney fees and/or court costs as a result of failure to comply with the "On -site Waste Water Treatment System Transfer of Title Inspections". Page 2 of 2 Stewart Title Company Compliance Agreement Purchaser: Weld County, Colorado, a Body Corporate and Politic Seller: Kaycee Lytle File No.: 2530265 Property Address: 0 Vacant Land, Greeley, CO 80631 Legal: That part of the following described parcel of land: Lot A of Family Farm Division No. FFD21-0008, recorded July 02, 2021 at Reception No. 4732191, being a portion of the East half of the Southwest quarter of Section 22, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. further described as follows: RW 29 A parcel of land, located in the East one-half of the Southwest one -quarter of Section 22, Township 6 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said parcel being a portion of Lot -A of Family Farm Division No. FFD21-0008, filed in the Weld County Clerk and Recorder's Office under Reception No. 4732191, dated July 02, 2021 and being more particularly described as follows: Commencing at the South one -quarter comer of Section 22, Township 8 North, Range 65 West, described as shown and is based on a grid bearing of the South line of the East one-half of said Southwest one -quarter as bearing North 89°30'34" West, a distance of 1323.18 feet, to the West one -sixteenth corner of Section 22, Township 6 North, Range 65 West, also described as shown; thence along the South line of the East one-half of said Southwest one -quarter, North 89°30'34" West, a distance of 222.59 feet, to the Southeast comer of said Lot -A; thence departing said South line and along the Easterly line of said Lot -A, North 00°46'53" West, a distance of 20.00 feet, to a point on the Northerly right-of-way line of County Road 66, described in the Board of County Commissioner Records in Book 2 at Page 77, dated April 07,1876, and being the True Point of Beginning; thence departing said Easterly line and along said Northery right -of --way line, North 89°30'34" West, a distance of 530.88 feat, toe point on the Westerly line of said Lot -A; thence departing said right -of --way line and along the Westerly line of said Lot -A, North 00°46'53" West, a distance of 136.66 feet; thence departing said Westerly line, North 87°02'20" East, a distance of 4.66 feet, to a point of curve to the right; thence along the arc of said curve 526.21 feet whose radius is 12730.00 feet, central angle Is 02°22'06" and whose chord bears North 88°13'23" East, a distance of 526.17 feet, to a point on the Easterly line of said Lot -A; thence along said Easterly line, South 00°48'53" East, a distance of 157.76 feet, to the True Point of Beginning. The above description was prepared by Daniel R. Holmes, PLS No, 38213, Surveyor in and for Weld County, Colorado. It Is expressly agreed and understood between the undersigned parties that Stewart Title Company is acting as Closing Agent in the above referenced transaction and shall In no way be liable as to the accuracy or completeness of any Payoff File No.: 2530265 Page 1 of Statement and/or Assumption Statement that has been provided to said Company for the purposes of closing this transaction. l/we understand that Stewart Title Company has no influence on the payoff amounts set forth, as these amounts are communicated to Stewart Title Company by the creditor(s). I/we understand and acknowledge that Stewart Title Company will receive a written payoff from the creditor(s) that maybe greater than the payoff received by Stewart Title Company as of the date of closing. l/we understand that if the updated written payoff is greater than the initial payoff received by Stewart Title Company as of the date of closing, my/our net proceeds received from this loan (if any) may decrease depending on the updated written payoff. I/we understand and acknowledge that I/we may be required to provide additional payment outside of closing and made payable to Stewart Title Company in the event that the net proceeds received from this loan will not compensate for the increase in the amount due on the updated written payoff. i/we understand and acknowledge that I/we maybe held liable for the failure to provide any additional payment to Stewart Title Company in the event that the net proceeds received from this loan will not compensate for any increase in the amount due on the updated written payoff. Given the information as set forth in this Compliance Agreement, l/we choose to close this loan today and will not hold Stewart Title Company responsible for any changes in the payoff amounts or any additional interest accrued prior to disbursements. Borrower affirms that he/she/they have not applied or received any forbearance or any deferment of mortgage payments due to any government program that was created in response to the current market conditions/climate. Borrower understands that Stewart Title Company is relying on this information and attestation in conjunction with any payoff statement received by lender. Should the information prove to be inaccurate and a deferment/forbearance was given and not accounted for, Borrower understands that it is solely his/her/her responsibility to reimburse or provide said deferred funds to Stewart Title Company. Stewart Title Company has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party (s). The undersigned hereby authorizes (Escrow Branch Revenue) to release copies of dosing documents (including but not limited to the purchase and sale contract and amendments or addendums thereto, documents obtained in satisfaction of title commitment requirements, real estate and loan closing documents) to lenders, mortgage brokers, real estate agents and attorneys involved in the transaction. The Company is not authorized to release any documents that contain financial information (e.g., credit report, loan application), or the Purchaser's taxpayer identification number to real estate agents. The Company may retain copies of all closing documents signed by the Purchaser and ail documents and/or information collected from the Purchaser in connection with the transaction. The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof, and said misstatement or inaccuracy is due to a unilateral mistake on the part of Stewart Title Company mutual mistake on the part of the undersigned and Stewart Title Company or clerical error, then in such event the undersigned shatl upon request by Stewart Title Company and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Stewart Title Company may deem necessary to remedy said inaccuracy or mistake. The undersigned further agrees that, in addition to any other filed fees, for any checks re -Issued 6 months after the original issue date or on any amounts escheated to the State, the Title Company will assess a $25 check handling fee. This fee will be assessed at the time of escheat or re -issue of the funds, as applicable. IN WITNESS WHEREOF, the party (s) has/have executed this Agree We St tti)7Colorado, a Body Corporate and Politic Uir as o -o -4•-s... Perry.. Buck, Chair by: File No.: 2530255 Kaycee Lytle Page 2 or 2 FINAL LIEN AFFIDAVIT AND AGREEMENT Date: February 14, 2025 Property: Real property and Improvements located In the County of Weld, State of CO, and more particularly described as follows: PT E2SW4 22-6-65 LOTA FAMILY FARM DIV FFD21-0008 0 Vacant Land, Greeley, CO 80631 File No.: 2530265 PURCHASER'S AFFIDAVIT: The undersigned, Purchasers) of the herein described property, to induce Stewart Title Guaranty Company to issue its ALTA LOAN or ALTA OWNERS Policies of Title Insurance, without including therein an exception as to mechanics' liens or other statutory liens, in connection with the property described in said commitment, or any rights thereto, where no notice of such liens or rights appear of record, do hereby make the following representations to Stewart Title Guaranty Company orith full knowledge and Intent that said company shall rely thereon: 1. That the improvements on the real estate herein described have been fully completed and have been accepted by the undersigned as completed and as satisfactory. 2. The full purchase price has been paid by said purchaser(s) to said Owner/Seller. 3. The said premises (were) (will be) occupied by said purchaser(s) on or about 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the construction of the Improvements Iccated on said property which have not been paid, 5. That the undersigned have not caused any materials to be furnished or work to be done on the Improvements located on said property or said property itself, which could give rise to any mechanics' or other statutory liens, claims and/or liens for such material or work, have not executed any security agreements or financing statements for materials, appliances, fixtures or furnishings, placed upon the property herein described or installed in the improvements located on said property. 6. In light of the foregoing facts, the undersigned, in connection of the issuance by Stewart Title Guaranty Company of a policy of Title Insurance covering said property In the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Stewart Title Guaranty Company, the Mortgagee and their successors in interest from and against those liabilities, losses, damage, expenses and charges, including but not limited to attorney's fees and expenses of litigation by reason of any mechanics' or other statutory liens claims and/or liens for services, labor or materials used in connection with the construction of improvements located on said property insofar as they pertain to Paragraphs 1 to 5 above. We &R Colorado, Body Corporate and Politic by: l r ` , 6. 644 CGAir Perry L. Buck, Chair 'State of C orado C� my of d Subshribed and Coloraitp, a Body Notary Public. My Commission File No.: 253(1265 Final Lien Atgdavlt and Agreement. of February, 2025 by Perry L. B➢ k as Chair of Id County, Page 1 of 1 Hello