HomeMy WebLinkAbout20212444.tiffDocuSign Envelope ID: O9493965-13BE-4378-9841-A360FDE906F7
TD -1000
Confidential Document
This form provides essential market information to the county assessor to ensure accurate, fair and
uniform assessments for all property. This document is not recorded, is kept confidential, and is not
available for public inspection.
This declaration must be completed and signed by either the grantor (seller) or grantee (buyer).
Questions I, 2, 3, and 4 may be completed (prefilled) by a third party, such as a title company or closing
agent, familiar with details of the transaction. The signatory should confirm accuracy before signing.
This form is required when conveyance documents are presented for recording. If this form is not
completed and submitted, the county assessor may send notice. If the completed and signed form is not
returned to the assessor within 30 days of notice, the assessor may impose a penalty of $25.00 or 0.025%
(0.00025) of the sale price, whichever is greater.
Additional information as to the purpose, requirements, and level of confidentiality regarding this form
are outlined in Colorado Revised Statutes, sections 39-14-102, 39-5-121.5, and 39-13-102.
1. Physical Address and/or legal description of the real property sold: Please do not use P.O. Box numbers.
38854 County Road 37, Ault, CO 80610
Parcel 1:
A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel
4, as described under Reception No. 4184173, recorded February 29, 2016, Weld County Records,
described as follows:
Commencing at the northwest corner of said Section 19;
thence S88°51'45"E, 30.01 feet, along the north line of said northwest one -quarter of Section 19, to
the east line of that 60 foot wide Right of Way Agreement, as described in Book 4 at Page 114, Weld
County Records, the Point of Beginning.
thence S88°51'45"E, 1322.89 feet, along said north line, to the east line of the southwest one -quarter
of the southwest one -quarter (SW 1/4 SW1/4) of Section 18, Township 7 North, Range 65 West of the
6th Principal Meridian;
thence S00°01'39"E, 5.50 feet;
thence N88°51'45"W, 353.34 feet;
thence S68°21'18"W, 27.12 feet;
thence N88°51'45"W, 456.74 feet;
thence S86°27'06"W, 293.79 feet;
thence N88°51'45"W, 118.95 feet;
thence S50°39'12"W, 76.98 feet;
thence S00°31'23"E, 409.85 feet;
thence S89°28'37"W, 15.00 feet, to the east line of said Right of Way Agreement;
thence N00°31'23"W, 500.30 feet, along said east line, to the north line of said northwest one -quarter
of Section 19, the Point of Beginning.
Parcel 2:
A Parcel of land lying in the southwest one -quarter (SWl/4) of Section 18, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel
1, as described under Reception No. 4184173, recorded February 29, 2016, Weld County Records,
described as follows:
Commencing at the southwest corner of said Section 18;
thence N45°18'43"E, 41.83 feet, to the east line of that 60 foot wide Right of Way Agreement, as
described in Book 5 at Page 290, Weld County Records, said point also lying on the north line of that
30 foot wide Right of Way Agreement, as described under Reception No. 34283, Weld County
Records, the Point of Beginning.
thence N00°30'49"W, 480.67 feet, to the centerline of Larimer & Weld Irrigation Canal;
thence along said centerline the following 14 courses:
thence S77°20'48"E, 40.17 feet;
thence $66°18'34"E, 52.88 feet;
thence S59°06'47"E, 72.53 feet;
thence S51°30'51"E, 47.65 feet;
thence 546°48'37"E, 104.31 feet;
thence S45°07'22"E, 129.87 feet;
thence S45°36'19"E, 98.40 feet;
thence S45°26'55"E, 48.52 feet;
thence S53°54'25"E, 65.45 feet;
eCYVV1144,fi/
thence S70°42'59"E, 69.22 feet;
& �zraJ Q'14—.2oo2/
2021-2444
£GO019
DocuSign Envelope ID:D9493965-13BE-4378-9841-A360FDE906F7
thence S85°58'30"E, 376.47 feet;
thence S85°52'22"E, 231.12 feet;
thence S89°00'30"E, 115.48 feet;
thence N84°56'03"E, 27.41 feet, to the east line of the southwest one -quarter of the southwest one -
quarter (SW1/4 SW1/4) of said Section 18;
thence S00°01'39"E, 40.03 feet, to said north line;
thence N88°51'45"W, 1323.14 feet, along said north line, to the Point of Beginning.
2. T e of property urchased:: ❑ Single Family Residential ❑ Townhome ❑ Condominium ❑ Multi -Unit Residential
UConmtercial ] industrial ❑ Agricultural ❑ Mixed Use ® Vacant Land ❑ Other
3.
4.
Aggust 4, 202I
Date of Closing Date of Contract
July 26, 2021
$165,178.00
Total Sales Price (Include all real and personal Contracted Price (if different from final sale
property) price)
5. List any personal property included in the transaction that materially impacts the total sale price.
Personal property may include, but is not limited to: machinery or equipment, vehicles, exceptional
appliances, electronic devices, furniture, or anything that would not typically transfer with the real property
(attach additional pages i f necessary).
Description Approximate Value
Personal Property Total: $
If no personal property is listed, the entire purchase price will be assumed to be for the real property.
6. Did the total sale price include a trade or exchange of additional real or personal property? ® No ❑ Yes
If Yes, approximate value of the goods or services as of the date of closing: $
If Yes, does this transaction involve a trade under IRS Code Section 1031? ❑No ❑ Yes
7. Was 100% interest in the real property purchased? 0 No ® Yes
Mark "No" if only a partial interest is being purchased. If No, interest purchased
8. Is this a transaction between related parties or acquaintances? This includes persons connected by blood or
marriage, or business affiliates, or those acquainted prior to the transaction. ® No ❑ Yes
9. Please mark type of sale: ❑ Builder (new construction) ❑ Public (MLS or Broker Representation)
® Private (For Sale By Owner) ❑ Other (describe)
10. Mark any of the following that apply to the condition of the improvements at the time of purchase.
❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage
11. Type of financing: (mark all that apply)
® None (all cash or cash equivalent)
❑ New/Mortgage Lender (government -backed or conventional bank loan)
❑New/Private Third Party (nonconventional lender, e.g., relative, friend, or acquaintance)
❑ Seller (buyer obtained a mortgage directly from the seller)
0 Assumed (buyer assumed an existing mortgage)
❑ Combination or Other: Please explain
DocuSign Envelope ID: D9493965-138E-4375-9841-A360FDE906F7
12. Total amount financed: $
13. Terms:
❑ Variable, Starting interest rate °/a ❑ Fixed; Interest rate a/a
Length of time years
Balloon payment? ❑ No ❑ Yes W. Yes) Amount: $ Due Date
14. Mark any that apply: ❑ Seller assisted down payments 0 Seller concessions ❑ Special terms or financing
If marked, please specify terms:
15. Was an independent appraisal obtained in conjunction with this transaction? 0 No ❑Yes
For properties OTHER THAN Residential (Residential is defined as: single family detached, townhomes,
apartments and condominiums), please complete questions 16-18, if applicable.
16. Did the purchase price include a franchise or license fee? ❑ No 0 Yes
If yes, franchise or license fee value $
17. Did the purchase price involve an installment land contract? ❑ No ❑ Yes
If yes, date of contract
18. If this is vacant land, was an on -site inspection conducted by the buyer prior to the closing? ❑ No ❑ Yes
Please include any additional infonnation concerning the transaction and price paid that you feel is important:
e--OocuSigned by:
Sft�At lttorc u e
`—E04467D642AE4A7.
8/4/2021
Signature ofGrantee(Buyer)
Datemm/dd/yyyy Printed name of Grantee
Signature of Grantor(Seller)
Date: tnm/dd/yyyy Printed name of Grantor
Buyer Mailing Address: Future correspondence (tax bills, property valuations, etc.) regarding this property
should be mailed to:
Address (mailing) City
State Zip Code
Daytime Phone Email address
Contact information is kept confidential, for County Assessor and Treasurer use only, to contact buyer with
questions regarding this form, property valuation, or property tax information.
DocuSign Envelope ID: O9493965-138E-4378-9841-A360FDE906F7
Unified Title Company of Northern Colorado, LLC
1275 58th Avenue, Unit C
Greeley, CO 80634
PHONE: 970-356-3551 FAX: 970-356-2063
PURCHASERS SETTLEMENT STATEMENT
CASE NO.: 22603UTG
SETTLEMENT DATE: August 4, 2021 DATE OF PRORATION: August 4, 2021
PROPERTY ADDRESS: 38854 County Road 37, Ault, CO 80610
SELLER: Darrell Frank Waag
PURCHASER: County of Weld, a body corporate and politic
of the State of Colorado, by and through its
Board of County Commissioners
LEGAL DESCRIPTION: 14016 THAT PT SW4SW4 18 7 65 LYING S OF LARIMER & WELD CANAL EXC A STRIP 40' WIDE FOR
RD
DESCRIPTION
County Property Taxes 1/1/2021 thru 8/3/2021
Sale Price of Property
Title - Tax Certificate to Unified Title Co. of Northern Colorado (Greeley)
Closing fee to Unified Title Co. of Northern Colorado (Greeley)
Transfer Tax
Title - Owner's Title Insurance to Unified Title Co. of Northern Colorado (Greeley)
Adjustment for Permanent eassement
Adjustment for Tem Easement
Adjustment of IMP Damages
Adjustment for Cure
Adjustment for Crop Damages
Sub -totals
Due From Purchaser
TOTALS
DEBIT CREDIT
$165,178.00
$50.00
$200.00
$885.00
$10,472.00
$737.10
$129,106.00
$108,272.00
$812.00
$415,712.10
$415,712.10
$68.54
$68.54
$415,643.56
$415,712.10
APPROVED AND ACCEPTED
Sales or use taxes on personal property not included UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no
responsibility for the adjustment of special taxes or assessments unless they arc shown on the Treasurer's Certificate of Taxes Due.
The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal
investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby
authorized to disburse as Trustee funds as indicated.
Purchaser
County of Weld, a body corporate and politic of the State of
Colol Iliioug its Board of County Commissioners
by L —to o7o04sAE4A7..
Steve Moreno, Chair of the Board of the County
commissioners
Broker/Agent
Closing Agent
C ems' ern, Unified Title Company of
Northern Colorado, LLC
DocuSign Envelope ID: D9493965-138E-4378-9841-A360FDE906F7
TD -1000
Confidential Document
This form provides essential market information to the county assessor to ensure accurate, fair and
uniform assessments for all property. This document is not recorded, is kept confidential, and is not
available for public inspection.
This declaration must be completed and signed by either the grantor (seller) or grantee (buyer).
Questions 1, 2, 3, and 4 may be completed (prefilled) by a third party, such as a title company or closing
agent, familiar with details of the transaction. The signatory should confirm accuracy before signing.
This form is required when conveyance documents are presented for recording. If this form is not
completed and submitted, the county assessor may send notice. If the completed and signed form is not
returned to the assessor within 30 days of notice, the assessor may impose a penalty of $25.00 or 0.025%
(0.00025) of the sale price, whichever is greater.
Additional information as to the purpose, requirements, and level of confidentiality regarding this form
are outlined in Colorado Revised Statutes, sections 39-14-102, 39-5-121.5, and 39-13-102.
I. Physical Address and/or legal description of the real property sold: Please do not use P.O. Box numbers.
38854 County Road 37, Ault, CO 80610
Parcel 1:
A Parcel of land lying in the northwest one -quarter (NWI/4) of Section 19, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel
4, as described under Reception No. 4184173, recorded February 29, 2016, Weld County Records,
described as follows:
Commencing at the northwest corner of said Section 19;
thence S88°51'45"E, 30.01 feet, along the north line of said northwest one -quarter of Section 19, to
the east line of that 60 foot wide Right of Way Agreement, as described in Book 4 at Page 114, Weld
County Records, the Point of Beginning.
thence S88°51'45"E, 1322.89 feet, along said north line, to the east line of the southwest one -quarter
of the southwest one -quarter (SW1/4 SW1/4) of Section 18, Township 7 North, Range 65 West of the
6th Principal Meridian;
thence S00°01'39"E, 5.50 feet;
thence N88°51'45"W, 353.34 feet;
thence S68°21'18"W, 27.12 feet;
thence N88°51'45"W, 456.74 feet;
thence S86°27'06"W, 293.79 feet;
thence N88°51'45"W, 118.95 feet;
thence S50°39'12"W, 76.98 feet;
thence S00°31'23"E, 409.85 feet;
thence S89°28'37"W, 15.00 feet, to the east line of said Right of Way Agreement;
thence N00°31'23"W, 500.30 feet, along said east line, to the north line of said northwest one -quarter
of Section 19, the Point of Beginning.
Parcel 2:
A Parcel of land lying in the southwest one -quarter (SW1/4) of Section 18, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel
1, as described under Reception No. 4184173, recorded February 29, 2016, Weld County Records,
described as follows:
Commencing at the southwest corner of said Section 18;
thence N45°18'43"E, 41.83 feet, to the east line of that 60 foot wide Right of Way Agreement, as
described in Book 5 at Page 290, Weld County Records, said point also tying on the north line of that
30 foot wide Right of Way Agreement, as described under Reception No. 34283, Weld County
Records, the Point of Beginning.
thence N00°30'49"W, 480.67 feet, to the centerline of Larimer & Weld Irrigation Canal;
thence along said centerline the following 14 courses:
thence S77°20'48" E, 40.17 feet;
thence $66°18'34"E, 52.88 feet;
thence S59°06'47"E, 72.53 feet;
thence S51°30'51"E, 47.65 feet;
thence S46°48'37"E, 104.31 feet;
thence S45°07'22"E, 129.87 feet;
thence 545°36'19"E, 98.40 feet;
thence S45°26'55"E, 48.52 feet;
thence S53°54'25"E, 65.45 feet;
thence S70°42'59"E, 69.22 feet;
DocuSign Envelope ID:D9493965-138E-4378-9841-A360FDE906F7
thence S85°58'30"E, 376.47 feet;
thence S85°52'22"E, 231.12 feet;
thence S89°00'30"E, 115.48 feet;
thence N84°56'03"E, 27.41 feet, to the east line of the southwest one -quarter of the southwest one -
quarter (SW1/4 SW1/4) of said Section 18;
thence S00°01'39"E, 40.03 feet, to said north line;
thence N88°51'45"W, 1323.14 feet, along said north line, to the Point of Beginning.
2. Iype of property purchased:: ❑ Single Family Residential ❑ Townhome 0 Condominium 0 Multi -Unit Residential
L Commercial ❑ Industrial ❑ Agricultural O Mixed Use >;4 Vacant Land O Other
3.
4.
t4 _I.
Date of Closing
$165,178.00
Total Sales Price (Include all real and personal
property)
5. List any personal property included in the transaction that materially impacts the total sale price.
Personal property may include, but is not limited to: machinery or equipment, vehicles, exceptional
appliances, electronic devices, furniture, or anything that would not typically transfer with the real property
(attach additional pages if necessary).
Description Approximate Value
July 26, 2021
Date of Contract
Contracted Price (if different from final sale
price)
Personal Property Total: $
If no personal property is listed, the entire purchase price will be assumed to be for the real property.
6. Did the total sale price include a trade or exchange of additional real or personal property? ®No O Yes
If Yes, approximate value of the goods or services as of the date of closing: $
If Yes, does this transaction involve a trade under IRS Code Section 1031? ON ❑ Yes
7. Was 100% interest in the real property purchased? ❑ No ® Yes
Mark "No" if only a partial interest is being purchased. If No, interest purchased
8. Is this a transaction between related parties or acquaintances? This includes persons connected by blood or
marriage, or business affiliates, or those acquainted prior to the transaction. ® No ❑ Yes
9. Please mark type of sale: O Builder (new construction) O Public (MLS or Broker Representation)
® Private (For Sale By Owner) ❑ Other (describe)
10. Mark any of the following that apply to the condition of the improvements at the time of purchase.
ONew ❑ Excellent ❑ Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage
11. Type of financing: (mark all that apply)
None (all cash or cash equivalent)
❑New/Mortgage Lender (government -backed or conventional bank loan)
ONew/Private Third Party (nonconventional lender, e.g., relative, friend, or acquaintance)
❑Seller (buyer obtained a mortgage directly from the seller)
❑Assumed (buyer assumed an existing mortgage)
O Combination or Other: Please explain
DocuSign Envelope ID: O9493965-13BE-437B-9841-A360FDE906F7
12. Total amount financed: $
13. Terms:
0 Variable, Starting interest rate % 0 Fixed; Interest rate
Length of time years
Balloon payment? ❑ No ❑ Yes (If Yes) Amount: $ Due Date
14. Mark any that apply: ❑ Seller assisted down payments O Seller concessions 0 Special terms or financing
If marked, please specify terms:
15. Was an independent appraisal obtained in conjunction with this transaction? D No ❑ Yes
For properties OTHER THAN Residential (Residential is defined as: single family detached, townhomes,
apartments and condominiums), please complete questions 16-18, if applicable.
16. Did the purchase price include a franchise or license fee? ❑ No ❑ Yes
If yes, franchise or license fee value $
17. Did the purchase price involve an installment land contract? ❑ No ❑ Yes
If yes, date of contract
18. If this is vacant land, was an on -site inspection conducted by the buyer prior to the closing? ON ❑Yes
Please include any additional information concerning the transaction and price paid that you feel is important:
,—DoeuaiQned by:
Sftmt, Mav &o
..—Ee44870842AE4A7_,
8/4/2021
Signature ofGrantee(Buyer)
Date nun/dd/yyyy Printed name of Grantee
Signature of Grantor(Seller)
Date: mm/dd/yyyy Printed name of Grantor
Buyer Mailing Address: Future correspondence (tax bills, property valuations, etc.) regarding this property
should be mailed to:
Address (mailing) City
State Zip Code
Daytime Phone Email address
Contact information is kept confidential, for County Assessor and Treasurer use only, to contact buyer with
questions regarding this form, property valuation, or property tax information.
DocuSign Envelope ID: D9493965-138E-4375-9841-A360FDE906F7
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 BEFORE SIGNING.
CLOSING INSTRUCTIONS
FILE NO: 22603UTG
CLOSING DATE: 08/04/21
PARTIES, PROPERTY. Darrell Frank Waag (SELLER) and County of Weld, a body corporate and politic of
the State of Colorado, by and through its Board of County Commissioners (BUYER) engage Unified Title
Company of Northern Colorado, LLC (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.
38854 County Road 37 Ault. CO 80610
and more fully described in the Contract to Buy and Sell Real Estate, dated July 26. 2021 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 and the Contract, the Agreement controls, subject to
subsequent amendments to the contract or this Agreement.
2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company (X) Agrees ( ) Does Not agree
that; upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitmenfi
and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company
(X) Agrees ( ) Does 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-I I3(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 Sate. 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 Contract.
5. CLOSING FEE. Closing Company will receive a fee of $200.00 for providing closing and settlement services
(Closing Fee).
No CL8-5-19 Closing Instructions
Page 1 of 4
DocuSign Envelope ID: D9493965-136E-4376-9841-A360FDE906F7
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. Alt 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 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 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 arty 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 1N 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.
15.1FIRPTA. 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 Closing 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.
No CLS-5-19 Closing Instructions Page 2 of 4
DocuSign Envelope ID: D9493965-13BE-4378-9841-A360FDE906F7
16. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado
Real Estate Commission.): NONE
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.
I8. 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 documents, or notice to another party must be in writing, except as
provided in § 19.2 and is effective when physically received by such party.
19.2Electronic 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.
19.4Choice 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.
Date: 08/04/2021
Buyer's Name: County of Weld, a body corporate and
politic of the State of Colorado, by and
through its Board of County
Commissioners
County of Weld, a body corporate and politic of the State
of Coloradyjm and through its Board of County
C6'mmat s`i eifi
Sftut, korwto
b3� cotu encr
Steve Moreno, elsilluttr of the Board of the County
commissioners
Address: 1150 0 Street
Greeley. CO 80631
Phone:
Fax No.:
Email: flggrmi(41wetdeov.com
Date: 08/04/2021
Seller's Name: Darrell Frank Waag
No CLS-5-19 Closing Instructions
Page 3 of 4
DocuSign Envelope ID: 09493965-138E-4378-9841-A360FDE906F7
Address:
Phone:
Fax No.:
Email: darrellwaag@gmall.eom
Closing Coen
s Name: Unified Title Co!a of Northern Colorado. LLC
i
Title Date: 08/04/2021
Authoignature
Address: 1275 58th Avenue. Unit C. Greeley. CO 80634
Phone No.: 970-356-3551
Fax No.: 970-356-2063
Email Address TeamKern@stewart.com
No CL8-5-19 Closing Instructions
Page 4 of 4
DocuSign Envelope ID: D9493965-138E-437B-9841-A360FDE906F7
Unified Title Company of Northern Colorado, LLC
1275 58th Avenue, Unit C, Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063
REAL ESTATE TAX, WATER, ASSESSMENT, AND HOA AGREEMENT
Date: 08/04/2021
Property: 38854 County Road 37, Ault, CO 80610
1. TAXES: The basis of the tax proration is as follows:
(X) The previous year's taxes in the amount of$116.36
( ) An estimate of taxes for the current year:
() Total assessed value:
()Mill Levy
( ) Total Estimated Taxes:
( ) Other
File No.: 22603UTG
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 Unified Title Company of
Northern Colorado, LLC SHALL HAVE NO RESPONSIBILITY IN REGARD THERETO.
The above figures were obtained by telephone from the County Treasurer's and/or Assessor's office. UNIFIED TITLE COMPANY OF
NORTHERN COLORADO, LLC 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.
UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for pursuing and effectuating any readjustments and
is released from any and all responsibility for said readjustments.
UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC 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: The Seller (s) and Buyer(s) of the property fully understand that the Telephone Company, Gas Company, Electric
Company, and the present Hazard Insurance Agency WILL NOT BE NOTIFIED BY THE ESCROW AGENT.
PER VERBAL INFORMATION FROM: n/a
() Escrow Agent has withheld 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.
( ) Water and sewer is paid in the HOA dues.
( ) Escrow Agent has not prorated for water and sewer. Any adjustments required will be made between buyer(s) and seller(s) and are not a part of the
closing.
III. HOMEOWNER'S/CONDOMINIUM ASSOCIATION:
(X) 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 of ( ) has ( ) has not been paid. The assessment( ) has ( ) 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,
Buyer(s) and seller(s) have reviewed the above referenced HOA information and hereby agree that it represents a complete and accurate list of
associations / sub associations for the above referenced property. Unified Title Company of Northern Colorado, LLC is hereby released of any
liability with regard to any associations / sub associations not listed above.
CLOSING DATE: August 4, 2021
Darrell Frank Waag
Seller(s) Forwarding Address:
Conn of Weld a body corporate and politic of the State
of
o%ut ;° fdidthrough Its Board of County
ruto
by
Steve Moreno, Chair of the Board of the County
commissioners
E044a7a842AE4A7...
Buyer(s) Forwarding Address:
DocuSign Envelope ID: 09493965-136E-4375-9841-A360FDE906F7
Unified Title Company of Northern Colorado, LLC
Compliance Agreement
Purchaser: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners
Seller: Darrell Frank Wang
File No: 22603UTG
Property Address: 38854 County Road 37, Ault CO 80610
Legal: FOR LEGAL DESCRIPTION SEE EXHIBIT A
It is expressly agreed and understood between the undersigned parties that Unified Title Company of Northern
Colorado, LLC 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 Statement and/or Assumption Statement that has been provided to said Company
for the purposes of closing this transaction.
Unified Title Company of Northern Colorado, LLC 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 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 Unified Title Company of Northern Colorado, LLC mutual mistake on the part of the
undersigned and Unified Title Company of Northern Colorado, LLC or clerical error, then in such event the
undersigned shall upon request by Unified Title Company of Northern Colorado, LLC and in order to correct such
misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Unified Title
Company of Northern Colorado, LLC 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 Agreement this 4th day of August, 2021
Buyers: Contact Phone #: Sellers: Contact Phone #:
Email Address: Email Address:
County of Weld, a body corporate and politic of the State of
Co doviweaat1 through its Board of County
Co Film
ebytltb
by Eo44670942AE4A7_.
Steve Moreno, Chair of the Board of the County
commissioners
�6:
!' /G
Darrell Frank Waag
(x
State of Colorado
County of
The foregoing instrument was subscribed and sworn to before me this August 4, 2021, by Darrell Frank Waag.
My Commission expires: Witness r and and official seal.
Notary Public
e H[(1 " i,_n
1 NOTARY PLISLIC d
STATE OF tO,
Lug „�DG
NO T l,F1`f ID 10354011$52
MY COMMISSION EXPIRES AUGUST 25, 2023 ...:. t.,,.:,,:.�* + -..,+,-.R .4
DocuSign Envelope ID: D9493965-13BE-437B-9841-A360FDE906F7
ORDER NUMBER: 22603UTG
Agents for Stewart Title Guaranty Company
AFFIDAVIT AND AGREEMENT
STATE OF Colorado
COUNTY OF Weld
The undersigned, being the seller(s) or purchaser(s) of the real property described in Paragraph 9 hereof, and being duly sworn
upon oath, depose(s) and say(s):
1. The representations, covenants and agreements contained herein are made to induce Unified Title Company of Northern
Colorado, LLC and to authorize its title insurance policies to be issued covering the real property described in
Paragraph 9 hereof, with full knowledge and intent that such representations, covenants and agreements be relied upon.
2. No construction or repair of improvements on or in the real property described in Paragraph 9 hereof has been
commenced or contracted for which has not been fully completed and fully paid for more than four full months prior to
the execution hereof, except as described in Paragraph 8.
3. No claims have been made to Affiant(s) or to any other person within the knowledge of Affiant(s) on account of work
done or materials furnished to the real property described in Paragraph 9 hereof, except as described in Paragraph 8
hereof.
4. Affiant (s) know(s) of no violation of any restrictive protective covenants or governmental restrictions relating to the
real property described in Paragraph 9 hereof, and Affiant(s) know(s) of no encroachment of improvements onto any
adjoining real property or encroachment of improvements from any adjoining real property onto the real property
described in Paragraph 9 hereof, except as described in Paragraph 8.
5. Affiant(s) knows) of no parties in possession of or claiming possessors' rights pertaining to the real property described
in Paragraph 9 hereof other than Affiant(s), except as described in Paragraph S hereof.
6. Affiant(s) know(s) of no outstanding sale contract conditional sale contract, security agreements, or financing
statements, as to the real property described in Paragraph 9 hereof, except as described in Paragraph 8 hereof.
7. Affiant(s) covenant(s) and agree(s) to indemnify and hold harmless Unified Title Company of Northern Colorado, LLC,
from any loss or damage which would not have occurred if the representations contained herein had been true and if the
covenants and agreements contained herein had been fully performed.
8. All exceptions relating to Paragraphs 2, 3, 4, 5, and 6 hereof are as follows:
NO EXCEPTIONS
9. The real property to which this affidavit and agreement relates is located in the State of Colorado and is described as
follows:
FOR LEGAL DESCRIPTION SEE NEXT PAGE
Property Address: 38854 County Road 37, Ault, CO 80610
i-
r i
Darrell Frank Waag
State of Colorado
County of
The foregoing instrument was subscribed and sworn to before me this August ' 2e' I, by Darrell Frank Waag.
official seal.
County of Weld, a body corporate and politic of the State of
corsraTifrilie through its Board of County Commissioners
gwt. karua
by .....F11..R7AAG7AFANT
Steve Moreno, Chair of the Board of the County
commissioners
My Commission expires: Witness my
Notary Public
STG Gap Indemnity Agreement
Gap Indemnity Agreement
File / Commitment / Preliminary Report No.: 22603UTG
Premises Address / Location: 38854 County Road 37, Ault, CO 80610
WHEREAS, Stewart Title Guaranty Company ("Stewart") has been asked to issue its policy(ies) of title insurance or "marked up"
commitment(s) to proposed insured(s) covering the Premises referenced above (the "Premises") prior to recording the deed,
mortgage, deed of trust and/or other instruments required to be recorded (collectively, the "Closing Documents") without taking
exception in such policy(ies) or commitment(s) to matters which may arise between the last Effective Date of the commitment /
preliminary report referenced above and the date and time of recording of the Closing Documents (the "Gap Period"), which matters
may be an encumbrance on or affect title to the Premises.
NOW, THEREFORE, in consideration of Stewart issuing its policy(ies) of title insurance or "marked up" commitment(s) as of the
date of recording of the Closing Documents without taking exception to matters which may arise during the Gap Period, the
undersigned agrees to: (1) promptly remove, release, bond or otherwise dispose of, to the satisfaction of Stewart, in its sole discretion,
all liens, encumbrances or other objectionable matters filed or recorded against the Premises during the Gap Period, and (2)
indemnify, defend and hold Stewart harmless against all claims, costs, losses, liabilities, damages and expenses, including without
limitation, attorney's fees and expenses, arising out of or relating to all such matters and the failure to promptly remove, release, bond
or otherwise dispose of them, to the satisfaction of Stewart, in its sole discretion.
The foregoing instrument was executed, subscribed and sworn to before me s th day of A u ust, 2021 by
Darrell Frank Waag.
My Commission Expires:
Notary Pub
TX1
woT
Page 1 of 1
Page 11 of 27
After recording please return to:
Lisa Gallegos -Thompson
CenturyLink
1025 Eldorado Blvd,
Broomfield, CO 80021
EASEMENT AGREEMENT
The undersigned ("Grantor)", for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, hereby grants and conveys to Owest Corporation, d/b/a CenturyLink
OC ("CenturvLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"),
having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Service,
a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair, expand,
replace and remove a communication system that Grantee from time to time may require,
consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing boxes, vaults,
surface location markers, equipment cabinets and associated wooden or concrete pads, aerial
lines, poles and cables, and other facilities and structures, including utility service if required to
operate such system, facilities and structures (collectively, the "Facilities") over, under and across
the following property located in the County of WELD, State of COLORADO, which Grantor
owns ("Easement Tract"):
SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY THIS
REFERENCE MADE A PART OF, THIS AGREEMENT
Grantor further grants and conveys to Grantee the following incidental rights:
(1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract; and
(2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use
and enjoyment of the Easement Tract.
Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not
materially interfere with the rights granted in this Easement Agreement. Grantor will not erect
any structure or plant trees or other vegetation within the Easement Tract and will not alter the
surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement
Tract by grading or otherwise excavating, without Grantee's written consent.
Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the
Easement Tract against all claims. Grantee will have no responsibility for environmental
contamination unless caused by Grantee
The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to
the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
Page 12 of 27
Executed by Grantor this
STATE OF ,
COUNTY OF �r(,lQ,�l.,�t,%
4/4-
) ss.
day of
, 2021.
GRANTOR:
By:
Printed Name :Darrell Frank Waag
Title:
Theforegoinginstrument was acknowledged cJbefore me this q day of
20 a' , by I t fteg( as , of
My commission expires:
WITNESS my hand and official seal.
No
Public
CHERYL KE`N
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954011852
MYCOMMISSION WIRES AUGUST 25, 2023
(SEAL)
EXHIBIT A
PERMANENT EASEMENT ACQUISITION
A Parcel of land lying In the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range
65 West of the 8th Prindpd Meriden, County of Weld, State of Colorado, being a portion of Parcel 4,
as described under Reception Number 4184173, recorded February 29, 2016, Weld County
Records, described as follows:
Commencing at the northwest corner of said Section 19;
thence s85'51'45"E, 60.04 het, along the south line of that 30 toot wide Right of Way Agreement,
r described under Reception Number 34283, Weld County Records, the Point of Beginning.
Thence s88'81'48"E, 15.00 feet, along said south line;
thence 500'30 d9"E, 84.27 feet;
thence sor39'12"W,19.24 feet;
thence $00'31'23' E, 492.13 feet;
thence 1159'28'3790, 30.00 feet, to the east line of !het 80 foot wide Right of Way
Agreement, sa described In Book 4, Page 114, Weld County Records;
Thence N00'31'231N,15.00 feet, along said east line;
thence N5r2A'3TE,15.00 feet
thence N00'31'23"W, 404.82 fest;
thence N50'3r12"E.19.25 fa*
thence N00.30'54"W, 77.51 feet, to odd south line, the Point of Beginning.
Also known by street and number as: 38054 County Road 37, Ault CO.
Containing 9,169 square feet (0.210 Acres) more or lees.
Basle of Bearings for above description: M Bearings herein are
based on the North line al the Northwest quarter of Section 19, Township
7 North, Range 85 West, 6th Pdncipal Meridian, bearing South 88'51'45'
East, with the North 1/4 Corner of said Section 19 being manumitted by
a 3-25' aluminum cap, stamped PLS 38149, and the Northwest
Corner of said Section 19 being monumenisd by a 2-1/2'
aluminum cap in a box, stamped LS 30462, 2001.
KEVIN J. MAIN P.LA anm
Preened kr wd m behalf et
Soft Ears araltab ion
2000 6.Wawa alyd., coin 6000
Derw CO, 00422
PERNMIENT EASEMENT
ACOUISITiON
CONE
DARRELL FRANK WAG()
WELD COUNTY, COLORADO
7
WELD COUNTY DwARmsNu
OF Punic WORKS
WCRKO o Win Jp
01TWKE1 ONPROEC►
NII0JECT N0: MHO
OME: WOMEN
loGALE: V •2o0
IORAWNST:KJM I IIIfiET1 or
Page 24 of 27
After recording please return to:
Lisa Gallegos -Thompson
CenturyLink
1025 Eldorado Blvd,
Broomfield, CO 80021
EASEMENT AGREEMENT
The undersigned ("Grantor)", for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, hereby grants and conveys to ()west Corporation, d/b/a CenturyLink
QC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"),
having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Service,
a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair, expand,
replace and remove a communication system that Grantee from time to time may require,
consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing boxes, vaults,
surface location markers, equipment cabinets and associated wooden or concrete pads, aerial
lines, poles and cables, and other facilities and structures, including utility service if required to
operate such system, facilities and structures (collectively, the "Facilities ") over, under and across
the following property located in the County of WELD, State of COLORADO, which Grantor
owns ("Easement Tract"):
SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY THIS
REFERENCE MADE A PART OF, THIS AGREEMENT
Grantor further grants and conveys to Grantee the following incidental rights:
(1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract; and
(2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use
and enjoyment of the Easement Tract.
Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not
materially interfere with the rights granted in this Easement Agreement. Grantor will not erect
any structure or plant trees or other vegetation within the Easement Tract and will not alter the
surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement
Tract by grading or otherwise excavating, without Grantee's written consent.
Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the
Easement Tract against all claims. Grantee will have no responsibility for environmental
contamination unless caused by Grantee
The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to
the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
Page 25 of 27
Executed by Grantor this day of
STATE OF
COUNTY OF
) ss.
)
, 2021.
GRANTOR:
By: ci90.AAX
Printed Name :Darrell Frank. Waag
Title:
The foregoing instrument was acknowledged before me this 4 day of A L
20,21, by Ortr(etl Fi2. L14..)A ,of
,a
My commission expires:
WITNESS my ha d and official seal.
CHERYL KERN
NOTARY PUBLIC
STATE OF COLOAADO
NOTARY ID 1995401
tV roMMISSION EXPIRES AU
EXHIBIT A
PERMANENT EASEMENT ACQUISITION
A Parcel of land lying In the southwest one -quarter (SW114) of Section 18, Township 7 North, Range
65 West of the 8th PrincIpal Meriden, County of Weld, Stets of Colorado, being a portion of Parcel 1,
as described under Reception Number 4184173, recorded February 29, 2016, Weld County
Records, described as follows:
Commencing at the southward corner of said Section 18;
thence ti85'51'45"E, 74.17 feet. along the south line of the southwest one -quarter of said Section
18;
thence N01'08'18'Lr, 30.00 het, to the north line of that 30 foot wide Right of Way Agreement, ire
described under Reception Number 34283, Weld County Records, the Point of Beginning.
thence N00'30'49"W, 431.64 feet
thence NW30'40'1N. 4143 feet;
thence 1189•29111111, feet, to the east line of that 80 foot wide Right of Way
Agreement, as described in Book 5. Page 200, Weld County Records;
thence 500'30'41"E, 6.21 lest along laid east line;
thence t45'30'411"E, 42A3 fleet;
thence $00'30'54"E, 425.00 feet to said north line;
thence 588'51'40 E,15.00 hi, along said north line, to the Point of Beginning.
Also known by street and number as: Vacant Land, Ault CO.
Containing 7.106 square feat (0.163 Acres) more or less.
Basle of Bearings for above description: All Bearings herein ere based
on the South line of the Southwest Quarter of Section 18, Townshlp7 North,
Range 65 West,61h Principal Meridian, bearing South 88'51'45' East, with
the South 1/4 Corner of said Section 18 being monurnented by a 3-25"
aluminum cap, stamped PLS 38149, and the Southwest Corner of said
Section 18 being monumented by a 2-1/2' aluminum cap in a box,
stamped LS 30482, 2001.
KEVIN J. MARTIN PIA 30500
►npred nor rid an Mind
Bret, RIM & MM ddlemn
1000 O. Oolotdo RA, MB 0000
Denver CO, 40122
PERMANENT EASEMENT
ACQUISITOR
DARRELL WAC O
WELD COUNTY. COLORADO
7
WELD COUNT( DEPARW
OP PUeuc werere
DOR40sWORo
INTERIECRON PROJECT
oncua rr ND: DR40
WILE: r .200
ICRAM DT.IUD I ehEEr142
tY• % .
DARRELL FRANK WAAG
PARC. 0 3713918000006
w_c.P.941M1ra
WON 247140 16
PARCEL 1
UNP T EO
a _m
R'N "Sal 1•41.
.. ,,
NWI/4
sFt: 10
17N, 1185W
DARRELL WAAG
PARC. I U700iOtaoa007
RECP..t41M1T3
MN 229.2018
PARCEL 4
UNP Afl D
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between DARRELL FRANK WAAG,
(referred to herein as "Owner", whether one or more), and THE COUNTY OF WELD, a body
corporate and politic of the State of Colorado, through its Board of County Commissioners
(referred to herein as "County"):
WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County
a Temporary Construction Easement, covering 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.
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be of no
further force or effect two (2) years later, or upon the County's determination that the
Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees, designees,
contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of
the County for the purpose of surveying, appraising, establishing, laying, constructing,
reconstructing, installing, realigning, modifying, replacing, improving, adding, altering,
substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or
repairing the roadway improvements, including the storage of materials related to said
roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on, over,
under, and across the TCE from any adjacent property to which County has legal access,
for any and all purposes necessary and/or incident to the exercise by the County of the
rights granted to it hereunder. At the expiration of the term of this TCE, County shall
promptly repair any damage to Owner's property caused by County, its agents, employees,
contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain
the Owner's property in substantially as good or better condition as existed prior to use by
County.
4. Owner agrees to limit farming (plowing, planting, irrigating, harvesting, etc.) to Temporary
Construction Easement. The TCE will be utilized for construction staging, materials
storage, stockpiling and utilities relocation. In addition, these areas will be utilized to
construct temporary earthen berms and ditches to control storm -water runoff and irrigation
tailwater from entering the work zone. After all the work is completed, these areas will be
returned to their original condition with a layer of topsoil.
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of A , 2021,
by Darrell Frank Waag.
Witness my hand and official seal.
ublic
CHERYL KERN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954011852
MY COMMISSION EXPIRES AUGUST 25, 2023
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT ACQUISITION
A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range
65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4,
as described under Reception Number 4184173, recorded February 29, 2016, Weld County
Records, described as follows:
Commencing at the northwest corner of said Section 19;
thence S26°45'20"E, 101.81 feet, to the Point of Beginning.
thence N50°39'12"E, 76.98 feet;
thence S88°51'45"E, 118.95 feet;
thence N86°27'06"E, 293.79 feet;
thence S88°51'45"E, 456.74 feet;
thence N68°21'18"E, 27.12 feet;
thence S88°51'45"E, 353.34 feet;
thence S00°01'39"E, 20.50 feet;
thence N88°51'45"W, 773.87 feet;
thence 586°27'06"W, 355.00 feet;
thence N88°51'45"W, 106.74 feet;
thence S55°59'37"W, 62.78 feet;
thence S00°31'23"E, 361.90 feet;
thence S89°28'37"W, 20.00 feet;
thence N00°31'23"W, 363.64 feet, to the Point of Beginning.
Also known by street and number as: 38854 County Road 37, Ault CO.
Containing 26,854 square feet (0.616 Acres) more or less.
Basis of Bearings for above description: All Bearings herein are
based on the North line. of the Northwest Quarter of Section 19, Township
7 North, Range 65 West, 6th Principal Meridian, bearing South 88°51'45"
East, with the North 1/4 Corner of said Section 19 being monumented by
a 3-25" aluminum cap, stamped PLS 38149, and the Northwest
Corner of said Section 19 being monumented by a 2-1/2"
aluminum cap in a box, stamped LS 30462, 2001.
(KEVIN J. MARTIN P. L.S 38684
PrepareB for and on behalf of
Short Elliot & Hendrickson
2000 5 Colorado Blvd , Suite 5000
Denver CO, 8C222
TEMPORARY
CONSTRUCTION EASEMENT
ACQUISITION
006-1 C.P
DARRELI.. FRANI<ViAGG
WELD COUNTY, COLORADO
WFI DCOUNTY DEPARTMENI
OF PUBLIC WORKS
11OR on 5 WC R 31
NIERSUCTrON PROJECT
✓KUJECI NO GR{iJ SCALE 1'- 200'
DATE: Orvig/2021
DRAWN 0Y' KJM
SHEET I of
EXHIBIT C
006 TCE
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
`EA: ZESS4 S.F. (O.fi1 AC} M
TEMPORARY
CONSTRUCTION EASEMENT
ACQUISITION
DARRELL WAGC
WELD COUNTY, COLORADO
O6T
SW1/4
SEC, 18
UN. R85W
NW1/4
SEC. 19
17N, ROW
DARREIL WNW
PARC.II 976919000707
RECD. P 4184173
WON 249-1b)16
PARCELA
UNPLATTED
CALL UTILITY NOTIFICATION
CENTER OF COLORAOO
CALL B4O0NE5S 'JAYS IN A➢VANCk
LEF<RE YOU 020, cO2010 ..XCATALE
FOR TOE VMRKING3-OF UNDERGROUND
NTE.WENUIR•1ti
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
PROJECT NO, GR-60
OATS: W1i'J1002'
WON 00 8 WC1
IN i ERSECTION Pf
?
OJECT
CALE: 1' = 200'
DRAWN BY KJM i SHEET 2 of 2
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