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HomeMy WebLinkAbout20192840.tiffRESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT FOR PURCHASE OF PROPERTY AND IMPROVEMENTS AND AUTHORIZE CHAIR PRO-TEM TO SIGN NECESSARY DOCUMENTS - THOMAS SHOECRAFT AND LESLIE ACORD-SHOECRAFT 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, the Board has been presented with an Agreement Concerning the Purchase of Real Property and Improvements by Special Warranty Deed for Improvements to Weld County Roads 54 and 17 Intersection 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 Thomas Shoecraft and Leslie Acord-Shoecraft, 25973 County Road 17, Johnstown, Colorado 80534, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement Concerning the Purchase of Real Property and Improvements by Special Warranty Deed for Improvements to the County Roads 54 and 17 Intersection 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 Thomas Shoecraft and Leslie Acord-Shoecraft, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign any necessary documents. cc- t fwcjMI£RICM),CacKM) og/o4/2o 2019-2840 EG0076 RE: MEMORANDUM OF AGREEMENT FOR PURCHASE OF PROPERTY AND IMPROVEMENTS - THOMAS SHOECRAFT AND LESLIE ACORD-SHOECRAFT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dadeit)jd o;ti Weld - • ty Clerk to the Bard APP Deputy rk o he TO FORM: ounty Attorney Date of signature: 7/14. EXCUSED Barbara Kirkmeyer, Chair 2019-2840 EG0076 MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is made between the WELD COUNTY ("County" or "Buyer"), and Thomas E. Shoecraft and Leslie M. Acord-Shoecraft (the "Landowner" or "Seller"), whose address is 25973 WCR 17, Johnstown, CO 80534, effective as of the date of the last party's signature below, i.e. mutual execution (the "Effective Date"). The County and the Landowner are, from time to time, referred to hereinafter individually as a "Party" or collectively as the "Parties." 1. Parties and Property. Landowner is the owner of certain property, whose physical address is 25973 WCR 17, Johnstown, CO 80534, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). The County is acquiring the Property as part of its roadway improvements to the Weld County Road 54 and Weld County Road 17 Intersection for Weld County Project No. SRP-30 ("Project"). The Property is described as Parcel RW-1 for the Project. 2 Threat of Condemnation. Landowner has entered into this Agreement because the County has the power of eminent domain and requires the Property for a public purpose. The purpose of the Agreement is to allow the County to proceed with its Project without delay and to allow the Landowner and the County to avoid unnecessary litigation. The County intends to begin demolition of the improvements on the Property promptly upon taking possession. It is also understood that the County shall rely upon the terms of this Agreement and may expend funds and labor in furtherance of the Project based upon that reliance. 3. Purchase Price and Terms. The purchase price shall be $966,594.00, plus closing costs, to be paid by the County at closing in funds which comply with all applicable Colorado laws, which includes cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check. Landowner shall retain the mineral interests in the Propperty and any water rights associated with the Property. M F Bolan 4. Date of Closing. The date of closing shall be , or by mutual agreement at an earlier date ("Date of Closing"). The hour and place of closing shall be as designated by agreement of the Parties. 5. Possession. Landowner, its members, employees, contractors, tenants, guests or invitees shall be entitled to remain in exclusive possession of the Property in the same manner as they have traditionally used and occupied the Property, without the obligation to pay rent or any other consideration to the County, until 110 days after the Date of Closing ("Date of Possession"), to allow Landowner to complete relocation to a replacement property that is acceptable to Landowner ("Relocation Property"). Without limiting the foregoing, the County acknowledges and agrees that the following uses of the Property may continue until the Date of Possession: (i) personal residence of Tom and Leslie Shoecraft; (ii) business occupation of Emerson Arms; and (iii) business occupation of Marina Sailing Newport Beach. 2019-2840 i. When Landowner enters into a contract to purchase the Relocation Property, the County agrees to cooperate with any County permitting or zoning processes Landowner must comply with, including but not limited to the County's Use By Special Review process, to enable Landowner to operate its businesses at the Relocation Property with minimal business interruption. ii. Landowner shall exercise good faith and reasonable diligence to acquire a suitable Relocation Property and to fully relocate Landowner's residence and businesses to such Relocation Property prior to the Date of Possession. Landowner shall provide the County with a copy of any contract for the Relocation Property within three (3) business days of mutual execution of the same. The Parties acknowledge that it may be difficult for Landowner to relocate its residence and businesses by the Date of Possession, despite Landowner's good faith and reasonable diligence. If Landowner is having such difficulties relocating its residence and businesses prior to the Date of Possession, then Landowner shall provide notice thereof to the County no later than 90 days after the Date of Closing, and the Parties agree to discuss in good faith whether the Possession Date can be extended without materially impeding the Project. iii. As of the Date of Possession, the County, its contractors, agents, and all others acting by or on behalf of the County or with the County's permission, shall have the irrevocable right to possession and use of the Property, without interference from Landowner, or Landowner's successors, assigns, guests or invitees, or any other person or persons claiming any right, title or interest in or to the Property, by, through or under Landowner, for the purpose of constructing improvements as part of the Project. iv. From the Effective Date of this Agreement until the Date of Possession, Landowner shall: (i) timely pay all utilities and insurance associated with the Property; (ii) maintain the Property and improvements thereon and prevent waste upon same; and (iii) allow the County, its contractors, agents, and all others acting by or on behalf of the County or with the County's permission reasonable access to the Property to conduct any surveys or studies or required bid meetings that the County deems necessary, provided that such activities do not unreasonably disturb the Property or Landowner's residences and businesses on the Property and provided that Landowner receives reasonable advance notice of such access. 6. Transfer of Title. Subject to tender or payment at closing as required herein and compliance by the County with the other applicable terms and provisions hereof, Landowner shall execute and deliver a good and sufficient special warranty deed to the County in the form attached hereto as Exhibit B, and incorporated herein by this reference ("Special Warranty Deed"). The Special Warranty Deed shall state that Landowner is retaining the mineral interest in the Property and any water rights associated with the Property. 7. Prorations and Closing Costs. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing shall be prorated to the Date of Closing. Buyer shall be solely responsible for all other closing costs associated with the transaction contemplated hereby, including but not limited to title insurance, recording fees, escrow fees, and transfer taxes, if any. 8. Authority. Landowner represents and warrants: (i) that the person(s) executing this Agreement on behalf of Landowner has the full authority to execute and deliver this Agreement; (ii) that it has all power and authority to enter into this Agreement and the perform the terms set forth herein; (iii) that it has taken all requisite action in order to authorize the same; (iv) that upon such section and delivery, this Agreement will be enforceable against Landowner in accordance with its terms; and (v) that by entering into this Agreement and performing the obligation hereunder, Landowner will not violate any contracts, leases, or other third party agreement to which it may be subject. 9. Seller to Complete Transaction. In addition to the obligations of Landowner set forth herein, Landowner shall perform, or cause to be performed, on or after closing, any and all further acts as may be reasonably necessary to consummate the transactions contemplated hereby. In the event Seller fails to perform any act required herein including, but not limited to, conveying the Property as set forth above, the County shall have the right, but not the obligation, to obtain specific performance thereof in addition to any other remedy available under applicable law. 10. Buyer Acknowledgement. The County affirms that, prior to executing this Agreement, it conducted such due diligence and inspections of the Property it deemed necessary and appropriate for a transaction of this sort, and that the County accepts the Property in its present "as is" condition. 11. General Provisions. A. Entire Agreement. This Agreement embodies the whole agreement between the Parties, and there are no promises, terms, conditions, or obligations referring to the subject matter hereof, other than as herein contained. B. Binding Agreement; Assignment. As of the Effective Date, this Agreement shall be deemed a contract extending to and binding upon the Parties and upon their respective heirs, devisees, executors, administrators, legal representatives, successors and assigns; provided however that any assignment of this Agreement may occur only upon the County's prior written consent. C. Governing Law and Venue; Attorney Fees. This Agreement shall be interpreted and enforced under the laws and judicial decisions of the State of Colorado. The Parties agree and stipulate that the County and District Courts situated in Weld County, Colorado, shall have jurisdiction over any and all disputes which may arise under this Agreement and the enforcement hereof and that venue in such courts shall be property. In the event any action or other proceeding is commenced to enforce the terms hereof, the prevailing party shall be entitled to recover its reasonable attorney fees and costs incurred in connection with such action or proceeding. D. No Third -Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties. It is the express intention of the Parties that any person other than the County and Landowner shall be deemed to be only an incidental beneficiary under this Agreement. E. No Waiver. The waiver of any breach of a term, provision or requirement of this Agreement shall not be construed or deemed as a waiver of subsequent breach of such tern, provision or requirement of any other term, provision or requirement. F. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. G. Acknowledgement Open Records Act — Public Document. Landowner hereby acknowledges that the County is a public entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq. H. Mediation. If a dispute arises relating to this Agreement (whether prior to or after Closing) and is not resolved, before instituting any civil action to enforce this agreement, the parties must first proceed, in good faith, to mediation. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. 12. Landowner may record this Agreement and the rights and obligations created herein shall run with the land. [Signatures on Following Pages] LANDOWNER: �y fihomas E. Shoecraft Date: 7 By: Leslie M. Acord-Shoecraft Date: \'Z\ WELD CO ATTES BY .�t � !, �I`,�, BOARD OF COUNTY COMMISSIONERS By: Mike Freeman, BOCC Chair Pro-Tem Date: JUL 15 2019 Exhibit A (Legal Description of Property) A tract of land located in the Northeast Quarter of Section 29, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, and considering the East line of the Northeast Quarter of said Section 29 to beat• South 00°00'00" Nest with all other beatings contained herein relative thereto; thence South 00°00'00" West, along the East line of the Northeast Quarter of said Section 29, 30 feet; thence North 89°52'00" West 30 feet to the True Point of Beginning; thence South 00°00'00" West along the West right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the East line of the Northeast Quarter of said Section 29, 208.67 feet; thence North 89°52'00" West, 208.75 feet; thence North 00°00'00" East 208.67 feet to a point on the South tight of way line of an existing County Road; thence South 89°52'00" East along the South right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the North line of the Northeast Quarter of said Section 29, 208.75 feet to the True Point of Beginning. Exhibit B (Form of Special Warranty Deed) SPECIAL WARRANTY DEED THIS DEED, made this day of July, 2019, between THOMAS E. SHOECRAFT AND LESLIE M. ACORD-SHOECRAFT (collectively, "Grantor"), and WELD COUNTY, a body corporate and politic of the State of Colorado ("Grantee"), whose address is 1150 'O' Street, Greeley, Colorado, 80632; WITNESSETH, that Grantor, for and in consideration of the sum of $10.00, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A attached hereto and incorporated herein (the "Property"); also known by street and number as: 25973 WCR 17, Johnstown, Colorado, 80534; TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, and to the Property, with the hereditaments and appurtenances; GRANTOR EXPRESSLY EXCEPTS AND RESERVES from the Property conveyed hereby: (1) all of Grantor's right, title and interest, if any, in and to all oil, gas, and other minerals, in and under, and that may be produced from the Property; and (2) all of Grantor's right, title and interest in and to all water rights attached or appurtenant to or associated with the aforesaid real property (collectively, the "Reserved Mineral and Water Rights"). TO HAVE AND TO HOLD the Property with its appurtenances, except for the Reserved Water and Mineral Rights, unto Grantee, and Grantee's successors and assigns forever. Grantor, for Grantor and Grantor's successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor except for taxes and assessments for the current year, payable January 1, 2020, and except for all easements, covenants, and restrictions of record. [REMAINDER INTENTIONALLY BLANK — SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. GRANTOR: THOMAS E. SHOECRAFT STATE OF COLORADO ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this _ day of July, 2019, by Thomas E. Shoecraft. Witness my hand and official seal. My commission expires: Notary Public GRANTOR: LESLIE M. ACORD-SHOECRAFT STATE OF COLORADO ) ss. County of Weld The foregoing instrument was acknowledged before me this _ day of July, 2019, by Leslie M. Acord-Shoecraft. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A (legal description of the Property) A tract of land located in the Northeast Quarter of Section 29, Township 5 North, Range 67 West of the 6th P.I., County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, and considering the East line of the Northeast Quarter of said Section 29 to bear South 00°00'00" West with all other bearings contained herein relative thereto; thence South 00°00'00" West, along the East line of the Northeast Quarter of said Section 29, 30 feet; thence North 89°52'00" West 30 feet to the True Point of Beginning; thence South 00°00'00" West along the West right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the East line of the Northeast Quarter of said Section 29, 208.67 feet; thence North 89°52'00" West, 208.75 feet; thence North 00°00'00" East 208.67 feet to a point on the South right of way line of an existing County Road; thence South 89°52'00" East along the South right of may line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the North line of the Northeast Quarter of said Section 29, 208.75 feet to the True Point of Beginning. ATTACHED IS YOUR ORIGINAL DEED EVIDENCING THE TRANSFER OF OWNERSHIP. UNIFIED TITLE COMPANY IS RECORDING THE DEED WITH THE CLERK AND RECORDER FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED. YOU SHOULD RETAIN AND STORE THE ORIGINAL DEED WITH YOUR OTHER IMPORTANT DOCUMENTS. TITLE t:XMFANY 1275 58th Avenue, Unit C Greeley, CO 80634 (970)356-3551 IF AND WHEN YOU REFINANCE OR SELL THE PROPERTY, OR IF YOU HAVE OTHER TITLE INSURANCE QUESTIONS OR NEEDS, PLEASE CONTACT UNIFIED TITLE COMPANY. 4506345 07/17/2019 02:08 PM Total Pages: 3 Rec Fee: $23.00 Doc Fee: $96.66 Carly Koppes - Clerk and Recorder, Weld County, CO LIM ‘ lPty SPECIAL WARRANTY.DEED THIS DEED, made this 1(0 day of July, 2019, between THOMAS E. SHOECRAFT AND LESLIE M. ACORD-SHOECRAFT (collectively, "Grantor"), and WELD COUNTY, a body corporate and politic of the State of Colorado ("Grantee"), whose address is 1150 'O' Street, Greeley, Colorado, 80632; WITNESSETH, that Grantor, for and in consideration of the sum of $10.00, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: SEE EXHIBIT A attached hereto and incorporated herein (the "Property"); also known by street and number as: 25973 WCR 17, Johnstown, Colorado, 80534; TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, and to the Property, with the hereditaments and appurtenances; GRANTOR EXPRESSLY EXCEPTS AND RESERVES from the Property conveyed hereby: (1) all of Grantor's right, title and interest, if any, in and to all oil, gas, and other minerals, in and under, and that may be produced from the Property; and (2) all of Grantor's right, title and interest in and to all water rights attached or appurtenant to or associated with the aforesaid real property (collectively, the "Reserved Mineral and Water Rights"). TO HAVE AND TO HOLD the Property with its appurtenances, except for the Reserved Water and Mineral Rights, unto Grantee, and Grantee's successors and assigns forever. Grantor, for Grantor and Grantor's successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor except for taxes and assessments for the current year, payable January 1, 2020, and except for all easements, covenants, and restrictions of record. [REMAINDER INTENTIONALLY BLANK —SIGNATURES ON FOLLOWING PAGE] 4506345 07/17/2019 02:08 PM Page 2 of 3 IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. GRANTOR: THOMAS E. SHOECRAFT STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this Lt day of July, 2019, by Thomas E. Shoecraft, Witness my h d and official sea My pm ,, s • f n : xpires; MELISSA KING NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044002137 MY COMMISSION EXPIRES JANUARY 21, 2020 STATE OF COLORADO County of Weld ) ss. } Notary Public GRANTOR LESLIE M. ACORD-SHOECRAFT The foregoing instrument was acknowledged before me this Alp day of July, 2019, by Leslie M. Acord-Shoecraft. Witness my hand4ind official seal. My co m's io .ires: /7 Notary Public MELISSA KING i NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044002137 MY CO?M11SSION EXPIRES JANUARY 21, 2020 4506345 07/17/2019 02:08 PM Page 3 of 3 EXHIBIT A (legal description of the Property) A tract of laud located in the Northeast Quarter of Section 29, Township 5 North, Range 67 West of the 6th P.11I., County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, and considering the East line of the Northeast Quarter of said Section 29 to bear South 00°00'00" West with all other bearings contained herein relative thereto; thence South 00°00'00" West, along the East line of the Northeast Quarter of said Section 29, 30 feet; thence North 89°52'00" West 30 feet to the True Point of Beginning; thence South 00°00'00" West along the West right of way line of an existing County Road, said line being parallel to and 30 feet as measured nt right angles to the East line of the Northeast Quarter of said Section 29, 208.67 feet; thence North 89°52'00" West, 208.75 feet; thence North 00°00'00" East 208.67 feet to a point on the South right of way line of an existing County Road; thence South 89°52'00" Enst along the South right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the North line of the Northeast Quarter of said Section 29, 208.75 feet to the True Point of Beginning. 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 SETTLEMENT DATE: PROPERTY ADDRESS: SELLER: July 16, 2019 25973 County Road 17 Johnstown, CO 80534 Thomas E. Shoecraft and Leslie M. Acord Shoecraft LEGAL DESCRIPTION: Part of- E2NE4 29,5,67, County of Weld, State of Colorado. CASE NO.: 17801UTG DATE OF PRORATION: July 16, 2019 PURCHASER: Weld County, a body corporate and politic of the State of Colorado DESCRIPTION DEBIT CREDIT County Property Taxes 1/1/2019 thru 7/15/2019 Sale Price of Property Closing Fee to Unified Title Co. of Northern Colorado (Greeley) Title - Tax Certificate to Unified Title Co. of Northern Colorado (Greeley) Title - Owner's Title Insurance to Unified Title Co. of Northern Colorado (Greeley) E-Recording/Recording Processing Fee to eTRCO, LLC Release Processing Fee to Unified Title Co. of Northern Colorado (Greeley) Wire Fee -Payoff to Unified Title Co. of Northern Colorado (Greeley) Recording Fee (Deed) to Weld County Clerk And Recorder Transfer Tax to Weld County Clerk And Recorder Sub -totals Due From Purchaser TOTALS $966,594.00 $400.00 $25.00 $1,277.00 $30.00 $30.00 $20.00 $23.00 $96.66 $1,485.11 $968,495.66 $968,495.66 $1,485.11 $967,010.55 $968,495.66 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 are 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 Weld County, a body corporate and politic of the State of Colorado By: Mike Freeman, Weld County Board of County Commissioners, Chair Pro-Tem Broker/Agent Closing Agent n ie. Tit e Compa Colorado, LLC Unified Title Company of Northern Colorado, LLC Compliance Agreement Purchaser: Weld County, a body corporate and politic of the State of Colorado Seller: Thomas E. Shoecraft and Leslie M. Acord Shoecraft File No: 17801UTG Property Address: 25973 County Road 17, Johnstown CO 80534 Legal: A tract of land located in the Northeast Quarter of Section 29, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, and considering the East line of the Northeast Quarter of said Section 29 to bear South 00°00'00" West with all other bearings contained herein relative thereto; thence South 00°00'00" West, along the East line of the Northeast Quarter of said Section 29, 30 feet; thence North 89°52'00" West 30 feet to the True Point of Beginning; thence South 00°00'00" West along the West right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the East line of the Northeast Quarter of said Section 29, 208.67 feet; thence North 89°52'00" West, 208.75 feet; thence North 00°00'00" East 208.67 feet to a point on the South right of way line of an existing County Road; thence South 89°52'00" East along the South right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the North line of the Northeast Quarter of said Section 29, 208.75 feet to the True Point of Beginning. 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 16th day of July, 2019 Buyers: Contact Phone #: Email Address: Weld County, a body corporate and politic of the State of Colorado By: Mike Freeman, Weld County Board of County Commissioners, Chair Pro-Tem Sellers: Contact Phone #: Email Address: Thomas E. Shoecraft Leslie M. Acord Shoecr State of Colorado County of WELD The foregoing instrument was subscribed and sworn to before me this July 16, 2019, by Mike Freeman, Weld County Board of County Commissioners, Chair Pro-Tem for Weld County, a body corporate and politicff tlp State of Colorado and Thomas E. Shoecraft and Leslie M. Acord Shoecraft. My Commission expires: Wit and offs ME.LISSA ING NOTARY =U81,IC STATE OF COLORADO 1tOTARY ID 20044002137 M1YCOMMISSION EXPIRES JANUARY 2020 ORDER NUMBER: 17801 UTG Agents for Westcor Land Title Insurance 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) know(s) 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 8 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: A tract of land located in the Northeast Quarter of Section 29, Township 5 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, and considering the East line of the Northeast Quarter of said Section 29 to bear South 00°00'00" West with all other bearings contained herein relative thereto; thence South 00°00'00" West, along the East line of the Northeast Quarter of said Section 29, 30 feet; thence North 89°52'00" West 30 feet to the True Point of Beginning; thence South 00°00'00" West along the West right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the East line of the Northeast Quarter of said Section 29, 208.67 feet; thence North 89°52'00" West, 208.75 feet; thence North 00°00'00" East 208.67 feet to a point on the South right of way line of an existing County Road; thence South 89°52'00" East along the South right of way line of an existing County Road, said line being parallel to and 30 feet as measured at right angles to the North line of the Northeast Quarter of said Section 29, 208.75 feet to the True Point of Beginning. Property Address: 25973 County Road 17, Johnstown, CO 80534 Weld County, a body corporate and politic of the State of Colorado 5n -t2,.3._._. homas E. Shoecraft Leslie M. Acord Shoecraft By: Mike Freeman, Weld County Board of County Commissioners, Chair Pro-Tem State of Colorado County of WELD The foregoing instrument was subscribed and sworn to before me this July 16, 2019, by Mike Freeman, Weld County Board of County Commissioners, Chair Pro -Tern for Weld County, a body corporate and poli 'c of the State of Colorado and Thomas E. Shoecraft and Leslie M. Acord Shoecraft. / My Commission expires: Witne official seal. Notary P .lic r MELISSA KING NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044002137 MY COMMISSION EXPIRES JANUARY 2'!, 2020 Little Thompson Water District 835 East Highway 56 Berthoud, Colorado 80513 P 970-532-2096 F 970-532-3734 finals(&LTWD.orq ESTAM /x, TE �i FINAL WAT'E('; c='ILL To confirm the closing is complete, please send the signed Domestic Water Agreement to E-mail at finals(cr�,ltwd.orq or Fax to 970-532-3734 To: Melissa King From: Sarah Holderfield Phone: 970-356-3551 E-mail: sholderfield(a�ltwd.orq Email bwhite(a�unifiedtitle.com Phone: 970-344-6311 Date: 07/12/19 Pages: 2 Re: 25973 County Rd 17 Final Water Bill Estimate ,$225.00 1) See attached Domestic Water Agreement to be completed at closing 2) After closing, return the Domestic Water Agreement by e-mail to finals(e7ltwd.orq or fax 970-532-3734. 3) Do not send the estimated amount, We will send a Final Water Bill to be paid out of the estimated amount. Thank you! Tap No. 928 Customer No. 928.02 LITTLE THOMPSON WATER DISTRICT Domestic Water Agreement Weld County, a body corporate and This Agreement made this 15 day of July 2019 by and between politic of. the State of Colorado Land Owner, hereinafter referred to as User,. and Little Thompson Water District, a statutory water district, herein after referred to as the District, is upon the following terms and conditions, for the property and water tap shown below: Legal Owner of Property: Weld County, a body corporate and politic of the State of Colorado Street.Address' of Property: 25973 County Rd 1'7 City, State and Zip: Johnstown CO 80534 Purpose of Domestic Water Service: Residential WHEREAS the District is the owner of facilities for the purpose of furnishing domestic water to users within the District; and WHEREAS the user is desirous of obtaining domestic water for his property, NOW THEREFORE, the parties hereto agree to the following: 1. This agreement shall be the binding contract between the User and the District. 2, User hereby agrees to pay the District such sum as may be prescribed from time to time by the Board of Directors as the water rate or charge for such water service. Payments shall start when the District installs thetap and water is available for delivery. A minimum payment, as prescribed from time to time by the Board of Directors of the District, shall be due and payable regardless of water use. 3. Until paid, all rates, tolls or charges shall constitute a perpetual, lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State, of Colorado for the foreclosure of mechanic's lien. The District shall shut off or discontinue service for account delinquencies or other violations of the Districts Rules and Regulations. 4. No water service may be obtained except upon property included within the boundaries of the District. User agreesto include the property served within the District, if this has not been previously accomplished. User further agrees that he will not permit other persons to use water furnished to him under this agreement. 5. District agrees to furnish water to User PROVIDED, that the District shall not be liable for loss to User for failure to deliver water because of war, riot; insurrection, breaks: in the water system, maintenance to the water system, or Acts of God. The District shall endeavor to repair all breaks promptly on District lines. 6, User agrees to be subject to and abide by such other rules and regulations of the District regarding the use of water as may be established from time to time by the Board of Directors. 7. User understands and agrees that the District's responsibility for maintenance and repair of the District's lines and equipment extends only as far as the water meter, and that construction of the service line between the Districts meter and the User's residence or facilities, and any maintenance or repairs required in connection with such service line, is the User's sole responsibility. 8. The meter location will be readily accessible to the District at all times. It is the customer's responsibility to plan and maintain landscaping so that trees or shrubs will not interfere with either maintenance or meter reading of the individual meter. In the event the customer fails to keep the meter accessible, the District has the right to remove and/or trim all restrictions within a three foot radius of the meter pit. Bill to if different from above: Weld County Name 1150 O Street r)(DX 1 Street Address Greeley, CO 80631 'City, State,. Zip STATE OF COLORADO )ss. COUNTY OF \AI Acknowledged, sub this 1(WA day of My Commission expires: L SEAL cribed and sworn tobefore me by: MELISSA KING NARY PUBLIC STATE OF COLORADO NOTARY iC 20044002137 M. anaecrmt mYPi12FS JANUARY 21, 2020_ Land Owner's Signature(s): Authorized Sign X 1l;m�- Authorized Print Phone/E- ail ublic Certificate Of Taxes Due Account Number R1632886 Parcel 095729000014 Assessed To SHOECRAFT THOMAS E PO BOX 336 JOHNSTOWN, CO 80534-0336 Certificate Number 188603 Order Number Vendor ID 91 UNIFIED TITLE GREELEY 1275 58TH AVENUE, UNIT C GREELEY, CO 80634 Legal Description 22637 PT E2NE4 29 5 67 BEG S30' & N89D52'W 30' OF NE COR SEC S208.67' N89D52'W 208.75' N208.67' S89D52'E 208.75' TO BEG Situs Address 25973 COUNTY ROAD 17 WELD Year Tax Interest Foes Payments Balance Tax Charge 2018 Total Tax Charge $2,765.64 $0.00 $0.00 ($2,765.64) $0.00 $0.00 Grand Total Due as of 07/10/2019 $0.00 Tax Billed at 2018 Rates for Tax Area 2371 - 2371 Authority WELD COUNTY SCHOOL DIST RE5J NORTHERN COLORADO WATER (NC FRONT RANGE FIRE RESCUE (JO AIMS JUNIOR COLLEGE THOMPSON RIVER REC HIGH PLAINS LIBRARY Taxes Billed 2018 * Credit Levy Mill Levy 15.0380000* 24.1270000 1.0000000 11.4680000 6.3050000 3.5940000 3.2520000 Amount $641.95 $1,029.99 $42.69 $489.58 $269.17 $153.43 $138.83 64.7840000 $2,765.64 Values SINGLE FAM.RES.-LAND SINGLE FAM.RES- IMPROVEMTS SPEC.PURPOSE-LAND SPEC.PURPOSE- IMPROVEMENTS Actual $32,670 $217,972 Assessed $2,350 $15,690 $32,670 $9,470 $52,344 $15,180 Total $335,656 $42,690 WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS, INCLUDING PARENT OR SIBLING ACCOUNTS. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcel of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, WELD COUNTY, John R. Lefebvre, Jr. 1400 N. 17th Avenue Greeley, CO 80631, (970) 353-3845 Ext. 3290 Jul 10, 2019 3:36:55 PM Page 1 of 1 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: 07/16/2019 File No.: 17801UTG • Property: 25973 County Road 17, Johnstown, CO 80534 I. TAXES: The basis of the tax proration is as follows: (X) The previous year's taxes in the amount of $2,765.64 ( ) An estimate of taxes for the current year: ( ) Total, assessed value: ( ) Mill Levy ( ) Total Estimated Taxes: ( ) Other 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. IL 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: LITTLE THOMPSON WATER DISTRICT (X) Escrow Agent has withheld $225.00 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: July 16, 2019 Weld County, a body corporate and politic of the State of Colorado homas E. Shoecraft By: Mike Freeman, Weld County Board of County M Commissioners, Chair Pro-Tem Leslie M. Acord Shoecraft Seller(s) Forwarding Address: Buyer(s) Forwarding Address: REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statues (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer), Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the Declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) 25973 County Road 17, Johnstown, CO 80534 Part of- E2NE4 29,5,67, County of Weld, State of Colorado. 2. Type of property purchased: Single Family Residential ❑ Townhome ❑ Multi -Unit Res ❑ Commercial ❑ Industrial ['Agricultural 1 Mixed Use ❑ Vacant Land ❑ Other 3. Date of closing: July 16, 2019 Date of contract if different than date of closing: 4. Total Sales Price: including all real and personal property. $966,594.00 ❑ Condominium 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. ❑ Yes /1 No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑ Yes /1 No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is beingpurchased Yes ❑No If no, Interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. n Yes /1 No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. ❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage Real Property Transfer Declaration — (TD -1000) 17801UTG If the property is financed, please complete the following: 10. Total amount financed: $ 11. Type of financing: (Check all that apply) ❑ New ❑ Assumed ❑ Seller Third Party ❑ Combination; Explain 12. Terms: ❑ Variable Starting interest rate ❑ Fixed; Interest rate ❑ Length of time ❑ Balloon payment ❑ Yes No (If Yes) Amount: years Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete the questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes ❑ No If yes, franchise or license, fee value? $ 15. Did the purchase price involve an installment land contract? ❑ Yes ❑ No If yes, date of contract 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? ❑ Yes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this July 16, 2019 Enter the day, month and year. Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Signature of Grantee (Buyer): Weld County, a body corporate and politic of the State of Colorado By: Mike Freeman, Weld County Board of County Commissioners, Chair Pro-Tem 18., All fixture correspondence (tax bills, property valuations, etc) regarding this property should be mailed to: Ili CD Daytime Phone: 0-3 Hello