HomeMy WebLinkAbout20222418.tiffEsther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Esther,
Toby Taylor
Tuesday, August 9, 2022 1:51 PM
Esther Gesick
Sterling Geesaman
Ault Water
Signed Contract - Water Share Purchase and Conveyance.pdf; Settlement and Closing
Instructions 8-9-2022.pdf; RE: CBT water purchase
The BOCC approved the purchase of water for the new Ault Shed (2022-1719)
As part of the closing process for this purchase, Commissioner James needed to sign the attached documents
(Settlement Statement and Closing Instructions) prior to Thursday's closing. This was done after Bruce approved the
documents. Not sure how you'd like to capture in Tyler?
Toby Taylor
Director
Weld County Facilities Department
Weld County Veterans Services
1105 H Street
P.O. Box 758
Greeley, CO 80632
P: 970.400.2023
F: 970.304.6532
ttaylor@weldgov.com
deynaltal 1 e_ 2022-2418
C3C,00a9
First American Tide Insurance Company
838 Coffman Street, Suite 101 •Longnant, CO 80501
Office Phone: (303)834-3614 Office Fax.
Buyer's Settlement Statement
Property: 1 unit CBT water, CO
Buyer: County of Weld
Address: 1150 0 Street, Greeley, CO 80631
Seller: J. Randel Bright, Sandra J. Bright
Address: 17605 County Road 31, Platteville, CO 80651
File No: 139063960273
Officer: Kelley Abemathy/KA
Estimated Settlement Date:
Disbursement Date:
Print Date:
08/09/2022, 10:45 AM
Charge Description
Buyer Charge I Buyer Credit
Consideration:
Total Consideration
85,000.00
Deposits in Escrow:
_
i
t
200.00
5,000.00
601200.00_
Receipt No. 139088489 on 08/2712022 by Count1af Weld
Receipt No. 139088871 on 08/03/2022 by County or Weld
'Titt-e-/F-scrow Charges tW
Escrow/Cbsi Fee - Other to First American Title Insurance_Cm,ny
Totals
85,200.00
85,200,00
Our wire instructions do not change. Our banking institution is First American Trust. If you
receive an email or other communication that appears to be from us or another party involved in
your transaction instructing you to wire funds to a bank other than First American Trust, you
should consider it suspect and you must call our office at an independently verified phone
number. Do not inquire with the sender.
Buyer(s):
Co un of Weld
I 2OV-
K• dimes, Clral r Weld Covrvi'` ( Cornani S5 loners
First American Title Insurance Company L(
By
Kelley Abernathy
initials:
Page 1 of 1
rbo
First American Title
First American Title Insurance Company
636 Coffman Street, Suite 101
Longmont, CO 80501
Phn - (303)834-3614
Fax -LongmonteDocs@firstam-com
Vae printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
CL8-5-19) (Mandatary 7-19)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL
AND TAX OR OTHER COUNSEL BEFORE SIGNING.
CLOSING INSTRUCTIONS
Date: August 11, 2022
1. PARTIES, PROPERTY. J. Randel and Sandra J. Bright (Seller), and County of Weld (Buyer),
engage FIRST AMERICAN TITLE, (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 1 unit CBT water
and more fully described in the Agreement for Sale and Purchase of CBT Unit, dated June 20, 2022, induding
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 and the Contract, this
Agreement controls, subject to subsequent amendments to the Contract or this Agreement.
2. TITLE COMMITMENT, EXCEPTIONS AND POLICY NOT PROVIDED FOR THIS TRANSACTION.
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)(a), 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 the 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.
No. CL8-5-19. CLOSING INSTRUCTIONS
Page 1 of 4
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 Contract.
5. CLOSING FEE. Closing Company will receive a fee of $400.00 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
funds 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 [] Funds Electronically Transferred (wire transfer) to an account specified by
Seller, at Seller's expense [] 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 posing 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 Buyer and Seller,
provided the Earnest Money check has cleared.
12. EARNEST MONEY DISPUTE. In the event of any controversy 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: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent
jurisdiction and recover court costs 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 Buyer and
Seller) 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.
No. CL8-5-19. CLOSING INSTRUCTIONS
Page 2 of 4
15. FIRPTA AND COLORADO WITHOLDING.
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.
15.2. Colorado Withholding. Seller agrees to cooperate with aosing Company to provide any
reasonably 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 has
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
19.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email
at the email address of the recipient, (2) a link or access to a website or server, provided the recipient receives
the information necessary to 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.
SELLER(S):
Date:
J. Randel Bright
Sandra J. Bright
BUYER(S):
Date: $- q -d0a2
Cougty of Weld
BY r•C: it- K - Jame5
Chair. Wad Coon+y Cornrnt55toftier5
No. CLS-5-19. CLOSING INSTRUCTIONS
Page 3of4
Closing Company's Name: First American Title Insurance Company
Authorized Signature Title
Address: 636 Coffman Street, Suite 101, Longmont, CO 80501
Phone No.: (303)834-3614
Fax No.:
Date
Electronic Address: LongmonteDocs@firstam.com
No. CL8-5-19. CLOSING INSTRUCTIONS
Page 4 of 4
Esther Gesick
From:
Sent:
To:
Subject:
Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Bruce Barker
Tuesday, August 9, 2022 11:20 AM
Kelley Abernathy; Toby Taylor
RE: CBT water purchase
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Kelley Abernathy <kabernathy@firstam.com>
Sent: Tuesday, August 9, 2022 11:17 AM
To: Toby Taylor <ttaylor@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: CBT water purchase
Ise
if Weld County Government Uo not clickIi)
Correct. I do not need any original docs. Buyer and seller can both sign and scan back.
cuts'unl
All of the documents required for the transfer have already been signed and deposited with Northern. There is no
certificate or deed involved for the conveyance. Only the final approval from Northern at the meeting on Thursday.
Thanks
Kelley Abernathy, Escrow Officer
First American
First American Title
636 Coffman Street Suite 101
Longmont, CO 80501
Direct: 303-834-3633
Main: 303-834-3614
Fax: 866-328-4257
Email: kabernathy@firstam.com
**Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call
your escrow officer immediately to verify the information prior to sending funds.**
First American Can No Longer Accept Wire Instructions VIA EMAIL. We Can Only Accept Written Wire Instructions IN
PERSON.
From: Toby Taylor <ttaylor@weldgov.com>
Sent: Tuesday, August 9, 2022 11:08 AM
To: Kelley Abernathy <kabernathy@firstam.com>
Cc: Bruce Barker <bbarker@weldgov.com>
Subject: [External] FW: CBT water purchase
Kelley,
I will ask our attorney to review these documents via this reply.
For clarification, Weld does not need to attend the closing. The signature on this document will suffice for the closing
for the CTB water share that is being purchased for the Ault Grader Shed. Is this correct?
Toby Taylor
Director
Weld County Facilities Department
Weld County Veterans Services
1105 H Street
P.O. Box 758
Greeley, CO 80632
P: 970.400.2023
F: 970.304.6532
ttavlor@weldgov.com
From: Kelley Abernathy <kabernathy@firstam.com>
Sent: Tuesday, August 9, 2022 10:58 AM
To: Toby Taylor <ttaylor@weldgov.com>
Subject: CBT water purchase
Cauflou This entail o g
• sender and know the nor
nated
ide of Weld County Gone
nment. Do not click links or open at
at3arfie stn unles yen recd
Toby - attached are the closing documents for our closing this week. Please sign and scan back as soon as possible. I
do not need originals. Also, I have already received all of the funds.
Please feel free to call with any questions. Thanks
2
Kelley Abernathy, Escrow Officer
4Aei.
First American
First American Title
636 Coffman Street Suite 101
Longmont, CO 80501
Direct: 303-834-3633
Main: 303-834-3614
Fax: 866-328-4257
Email: kabernathv@lfirstam.com
**Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call
your escrow officer immediately to verify the information prior to sending funds.**
First American Can No Longer Accept Wire Instructions VIA EMAIL. We Can Only Accept Written Wire Instructions IN
PERSON.
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