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Home My WebLink About780463.tiff c_ BOOK f �I..\\ �' 823 Recorded at�zf o'clock.�T M FEp D 1 !ry 19/7 6 / Reception No 1744966 MARY ANN. FEUERSTEIN _, _ r—j Recorder. ,,. TDETS DEED, Made this 16th day of February . 19 78 p,ss between Concepcion Mendoza, a single person • • • CT .,- of the • r— County of Weld and State of Colorado, of the first part, mid ri The County of Weld a body corporate and politic • of the Count or and state of a tl Colorado,of the second part: 0 CV WITNESSETII, That the said party of the first part,for and in consideration of the sum of o II TEN AND MORE DOLLARS '-' to the said party of the first part in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained,sold and conveyed,and by these presents do co I grant, bargain, sell, convey and confirm, unto the said part y of the second part, its heirs and assigns for. A' I ever, all the following described lot or parcel of land,situate,lying and being in the •—I i County of Weld and State of Colorado, to wit: on I w ``. Lots 9 and 10, Block One, Burger and Fry's Subdivision, a subdivision of Weld County, Colorado. Iri ! i I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title;'interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said part y of the second part, its heirs and assigns forever. And the said part y of the first part, I for it ail f, its heirs, executors, and administrators, do covenant, grant, bargain,and agree to and with the said part y of the second part, its heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature waver. I and the above bargained premises in the quiet and peaceable possession of the said party of the second part, r its heirs and assigns against all and everyperson or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. j I IN WITNESS WHEREOF,the said part y of the first part ha s hereunto set its hand I I and seal . • • •the,flay and year first above written. //� / `( V Q 7t/V14520--6,— ^ / �� I \�'I;Jt .. �(�' .2 _yam II 1i-lF N.... r"y"": Concepcion Mendoza (SEAL) . ST4T i7 COLORADO, (SEAL) f OF CO�-�e 'County of Weld ss The foregoing•hiltrument was acknowledged before me this 16th day of February 19 78 ,by Concepcion Mendoza, a single person/ , My commission expires i ./ 7 n r cv //'4/1 �' ,19 .Witness t�nd afi�of8cial seal. rioters Public. 7u0463 • • a . • • • • \ • �I ,.�, w >, v n c�S: il CZ O 4.h1 fr.. z Q • 21• � v �, ° W 0 O 'r -j N Q7 N'j \S � F • 1 r F. N U0 4- V : E-4 o ,E, LI.4 ° ,_..,, ti % .11 t 5 i'L). ' o v ,� y X A u H h7 a r 2�' / li i Policy of Title Insurance a Issued by Transamerica Title Insurance Companyit 4- SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS " HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company,insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I si I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 9! 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4, Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. '! Transamerica Title Insurance Company By c1/ President By P(A„ Secretary SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in de- The following terms when used in this policy mean: writing (i) in case any action or proceeding is begun or fense is interposed as set forth in (a) above, (ii) in case knowl- (a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest, against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iii) if purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un- devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the corporate or fiduciary successors. Company, then as to such insured all liability of the Company (b) "insured claimant": an insured claiming loss or dam- shall cease and terminate in regard to the matter or matters age hereunder. for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any (c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be knowledge or notice which may be imputed to an insured by prejudiced by such failure and then only to the extent of reason of any public records. such prejudice. (d) "land": the land described, specifically or by reference (c) The Company shall have the right at its own cost to in Schedule A, and improvements affixed thereto which by law institute and without undue delay prosecute any action or constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, priate action under the terms of this policy, whether or not interest as insured, and the Company may take any appro- priate avenues, alleys, lanes, ways or waterways, but nothing herein it shall be liable thereunder, and shall not thereby concede shall modify or limit the extent to which a right of access to and from the land is insured by this policy. liability or waive any provision of this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action other security instrument. or interposed a defense as required or permitted by the pro- (f) "public records": those records which by law impart visions of this policy, the Company may pursue any such constructive notice of matters relating to said land. litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any,adverse judgment or order. T. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence, interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured said estate or interest or the indebtedness secured by a pur- for any expense so incurred. chase money mortgage given to such insured. 4. NOTICE OF LOSS—LIMITATION OF ACTION 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3(b) CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations, a statement in writing (a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de- such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been in said land, to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy against by this policy. as to such loss or damage. Continued on Front of Back Cover Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab- costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if ant and authorized by the Company. the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel 6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise (a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and in no case exceed the least of: the insured at the time of the issuance of this policy and (i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement (ii) the amount of insurance in Schedule A. attached hereto. (b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company (c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme- with the conditions of this policy, the loss or damage shall be dies which such insured claimant would have had against any payable within 30 days thereafter. person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies 7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to No claim shall arise or be maintained under this policy (a) if the Company, after having received notice of an alleged use the name of such insured claimant in any transaction or defect, lien or encumbrance insured against hereunder, by litigation dosnot involvingloss such or insured i . If the payment litigation or otherwise, removes such defect, lien or encum- shall cover the to to such such hts claimant,ed she Company pro- brance or establishes the title, as insured, within a reasonable shall be which said to rights and remedies in the time after receipt of such notice: (b) in the event of litigation portion said payment bears to the amount of said loss. until there has been a final determination by court of coo- If loss should result from any act of such insured claimant, petent jurisdiction, and disposition of all appeals therefrom, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses adverse to the title. as insured, as provided in paragraph 3 insured against hereunder which shall exceed the amount, if hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of any, lost to the Company by reason of the impairment of the the Company. right of subrogation. 8. REDUCTION OF LIABILITY • 12. LIABILITY LIMITED TO THIS POLICY All payments under this policy, except payments made for This instrument together with all endorsements and other costs, attorneys' fees and expenses, shall reduce the amount instruments, if any, attached hereto by the Company is the of the insurance pro tanto. No payment shall be made without entire policy and contract between the insured and the producing this policy for endorsement of such payment unless Company. the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to the Company. the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions 9. LIABILITY NONCUMULATIVE and stipulations of this policy. No amendment of or endorsement to this policy can be It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary, pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized shown or referred to in Schedule B hereof which is a lien on signatory of the Company. the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company, be payable hereunder to the insured owner of the estate or P. 0. Box 605, Denver, Colorado 80201. Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall The Company shall have the option to pay or otherwise be deemed a payment under this policy to said insured owner. settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab- costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if ant and authorized by the Company. the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel 6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise (a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and in no case exceed the least of: the insured at the time of the issuance of this policy and (i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement (ii) the amount of insurance in Schedule A. attached hereto. (b) The Company will pay, in addition to any loss insured 11, SUBROGATION UPON PAYMENT OR SETTLEMENT against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- (c) When liability has been definitely fixed in accordance dies which such insured claimant would have had against any with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies 7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to No claim shall arise or be maintained under this policy use the name of such insured claimant in any transaction or (a) if the Company, after having received notice of an alleged litigation involving such rights or remedies. If the payment defect, lien or encumbrance insured against hereunder, by does not cover the loss litigation or otherwise, removes such defect, lien or encum- such insured claimant, the Company brance or establishes the title, as insured, within a reasonable shall be subrogated to such rights and remedies in the pro- time after receipt of such notice; (b) in the event of litigation portion which said payment bears to the amount of said loss. until there has been a final determination by a court of com- If loss should result from any act of such insured claimant, petent jurisdiction, and disposition of all appeals therefrom, such act shall not void this policy, but the Company, in that adverse to the title, as insured, as provided in paragraph 3 event, shall be required to pay only that part of any losses hereof; or (c) for liability voluntarily assumed by an insured insured against hereunder which shall exceed the amount, if in settling any claim or suit without prior written consent of any, lost to the Company by reason of the impairment of the right of subrogation. the Company. 8. REDUCTION OF LIABILITY • 12. LIABILITY LIMITED TO THIS POLICY All payments under this policy, except payments made for This instrument together with all endorsements and other costs, attorneys' fees and expenses, shall reduce the amount instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless Company. the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to the Company. the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. 9. LIABILITY NONCUMULATIVE No amendment of or endorsement to this policy can be It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto under this policy shall be reduced by any amount the Com- signed by either the President, a Vice President, the Secretary, pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized shown or referred to in Schedule B hereof which is a lien on signatory of the Company. the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company, be payable hereunder to the insured owner of the estate or P. 0. Box 605, Denver, Colorado 80201. FORM NO. C-5OOO-1 FOR USE WITH COLORADO REGION Arv.cRICAN LAND TITLE ASSOCIATION OWNER'S POLICY—FORM 5— 1970 (AMENDED 10-17-70) SCHEDULE A Amount of Insurance$ 3 , 060. CIO Policy No. 8001333 Date of Policy February 20, 1978 Sheet 1 of 3_ 8 : 00 A.M. 1. Name of Insured: • WELD COUNTY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WELD COUNTY, A BODY CORPORATE. AND POLITIC OF THE STATE OF. COLORADO FORM NO. C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0-1970 (AMENDED 10-17-70) SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: Lots 9 and 10, Block 1, BURGER AND FRY' S SUBDIVISION,, a subdivision of Weld County FORM NO. C-6000-3 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 6-1970 (AMENDED 10-17-70) SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. The right, privilege and authority to construct, operate and main- tain its electric transmission, ditribution and service lines whether ' said lines now or may hereafter serve said property, or other property, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices used or useful in the operation of said line, as granted to Home Light and Power Company, byinstruments recorded May 6, 1952 in Book 1330 at Pages 215 and 216. a DIVISION OF INSURANCE < m DEPARTMENT OF REGULATORY AGENCIES • • 106 STATE OFFICE BUILDING • 201 E.COLFAX AVE. • MRTB • DENVER.COLORADO 80203 STATE OF COLORADO RICHARD D. LAMM GovERNoR J.RICHARD BARNES.C L.U May 1, 1977 ROBERT L.BROWN DEPUTY COMMISSIONER Dear Real Estate Purchaser: Following this letter you will find a brief explanation of your title insurance commitment and policy. Title insurance companies are regulated by this Division, as are other types of insurance companies. This Division makes certain that com- panies issuing title insurance commitments and title insurance policies are financially sound, and that they operate in accordance with statutes and regulations. We also have a great interest in making certain that you, as the consumer, understand the purpose of title insurance and that you understand your rights under your insurance policy. In the event you are dissatisfied with responses given to your ques- tions or problems by your title insurance company, you are encouraged to send your questions concerning title insurance or any complaints that you may have against your title insurer to this office. We are on hand to make certain that all your rights and remedies, both under your policy and under law, are available to you at all times. Sincerely, CHARD BARNES, C.L.U. Commissioner of Insurance JRB:bl As a purchaser of a home or other real estate you may receive a 'Commitment for Title Insurance"and a"Policy of Title Insurance"Both of these documents, like many others in connection with your purchase,are contracts creating legal rights which you should read carefully and which you may wish to have examined and explained by a lawyer or other adviser.While the following description of these documents cannot change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of your questions about them. QUESTION:"WHAT IS TITLE INSURANCE?" ANSWER: Basically, it is a contract with the title insurance company in which the company agrees to defend and indemnify you against losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty insurance and, therefore, does not protect you against acts of theft or damage to your home by fire, storm and the like. Essentially, the insurance insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance. Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company issuing the policy. For this reason title insurance companies are required to maintain reserves to cover losses. If you are financing your purchase,your lender will ordinarily require that you obtain a separate Lender's Policy to insure that your property will in fact serve as security for its loan. QUESTION:"WHAT DOES THE PREMIUM PAY FOR?" ANSWER:The one time, non-recurring premium pays for several things. It helps to pay for the cost of collecting,maintaining,searching and examining real estate records and certain other public records which relate to your property so that the title insurance company can determine the insurability of your title. For example, the title insurance company will determine whether the public records show that your seller really owns the property, what mortgages or liens (a recorded legal claim) may exist, whether there are restrictive covenants on your CONTINUED ON REVERSE property or easements which allow persolic.o cross your property or to place utilities across yuu' property.The premium also serves to finance certain legal costs which may arise if your title is challenged. Additionally, payment of the premium requires the title insurance company to indemnify you for any losses you suffer as a result of the title company's failure to fulfill its contractual obligations under your title policy. QUESTION:"WHAT IS A COMMITMENT FOR TITLE INSURANCE?" ANSWER: A Commitment for Title Insurance is a standardized preliminary docum nt authorized by the Commissioner of Insurance indicating that a title insurance company will issue a title insurance policy to you after c rtain steps have been taken, such as the payment of an outstanding mortgage or lien and the issuance of a deed to you. These steps a e set out in the commitment as "requirements" in Schedule B—Section 1. In Schedule B—Section 2 "Exceptions;'the commitment also s mmarizes certain existing limitations on the use of your property,the defects in your title and liens against your property.Your policy will not rotect you against these matters.You will note that some of these limitations and defects may still exist even after all of the requirements oft e commitment have been met.These other matters are usually such things as restrictive covenants or easements for utilities and the like.Yo should carefully read both the"requirements"and the exceptions to title stated in the commitment so that you may raise objections if ther are matters affecting the title to which you did not agree when you signed the contract to purchase your property. Some of the "exceptions" are standard and will not normally be covered by your titl policy.The first standard exception is any claim by parties in possession of the property which is not shown by the public records.This mea 5,for example,that someone may have been living on the property for a long period of time and may claim that they own the property, eve though they do not have a recorded deed;or may claim that they are somehow otherwise entitled to be on the property.The title insurance c mpany could not learn of such a claim by examining the public real estate records.You should inspect the property to make sure that anyone liv ng there will respect your ownership. Exception 2 of Schedule B similarly may mean that someone has used a portion of th property long enough to claim an easement,even though there is no instrument of record giving that person the authority to do so. Exception 3 of the standard commitment in essence says that the title insurance olicy will not insure against problems concerning the exact boundary lines of the property you are purchasing, which means that you sh uld make certain that there are no fences or other encroachments on your property, particularly if you do not have a survey Again, a title i surance company cannot determine whether such problems exist on your property because employees of the title insurance company wil not inspect the property unless they are specially requested and paid to do so. Exception 4 excludes liens which may be filed against your property by someone ho may have done work on the property and who has not been paid.The title insurance company does not have any way of determining wh ther such claims may exist in the absence of some recorded document.You may wish to verify that no such unsatisfied claims exist. The fifth standard exception is for matters which may arise following the issuance of the commitment and before you complete your purchase.Many companies also exclude taxes and special assessments which may be im osed against your property which are not recorded in the public records,or the amount of which has not yet been determined. If you are purchasing a single family residence, you may wish to check to see if y u are entitled to obtain endorsement Form No. 130 which removes several of the standard exceptions and will give you insurance for some of hose matters. You will see that the commitment shows the amount of title insurance to be issue , together with the amount of the premium charge. Your seller should check with his broker and with the title insurance company issuing th commitment to make certain that he has paid the lowest premium to which he is entitled. For instance, if there has been a title insurance olicy issued to your seller within the last two years, he may be entitled to receive some credit for the prior premium against the amount of pre ium which he will now pay. QUESTION:"WHAT IS THE POLICY OF TITLE INSURANCE?" ANSWER:The Policy of Title Insurance is a document which will be issued to you of r your purchase transaction is concluded. It,too, is a standardized document,the printed portions of which have been approved by the Comm ssioner of Insurance. Schedule A of your policy will set forth,among other matters,the amount of insuran e coverage,your name as the insured,your interest in the property,such as actual ownership or a leasehold interest,and the legal description f the property. Your title insurance policy, as any other insurance policy, has exceptions from cov rage. These will be set forth in Schedule B of your policy and in the Schedule of Exclusions from Coverage.Matters which may limit coverag will be set forth in the"Conditions and Stipulations" section of the policy. In Schedule B of the policy,you will find those items against which the title insuranc company does not,or cannot,insure.Many of these will be the same as the exceptions set out in Schedule B of the Title Commitment. The Schedule of Exclusions from Coverage excludes matters such as zoning ordin nces which regulate how the property may be used, rights which may be possessed by a governmental body and which might be exercised a ainst the property,and any defects of which you may be aware but have not informed the title insurance company. You may desire to investi ate the status of these matters before you complete your purchase. Also excluded are defects or encumbrances which may be placed upo the property subsequent to the date of the policy You should remember that a title policy is not a promise of indemnity against some def ct or claim against your title which may be created in the future. It does protect you against loss or damage existing from defects in the titl to real property existing prior to and as of the date of the policy even though they may not be discovered until some future date. The language concerning Conditions and Stipulations under which the title insuran e company issues its policy contains an explanation of the terms of the policy, and also deals with how you should notify the title insurance ompany in the event you may believe that you may have a claim under the policy. If someone should assert that they have a right to use you property or that they own part of it,and you cannot find that right set forth in your policy as an exception or an exclusion,you must notify t e title insurance company in writing of the situation. The address for this notification will normally appear in your policy. Prompt notificatio will enable you and the company to deal with the matter or problem that you raise,if it is covered by the policy,so that the dispute may be re olved in as timely a manner as possible. You should know that if the problem is covered by your title insurance policy, a titl insurance company must usually bear the costs of litigation, either to defend your title in the event of an adverse claim against it, or som times to bring affirmative legal action to clear up the problem. In so doing,the title insurance company retains the right of settling the claim o pursuing the matter through the courts, if it believes that the rights asserted by a third party against your property are not legally justified. If t e title insurance company takes the position that the matter which you raise is not covered by the terms of the title insurance policy, it mu t so notify you as soon as reasonably possible after you present your claim. QUESTION: "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COM ITMENT FOR TITLE INSURANCE OR POLICY OF TITLE INSURANCE?" ANSWER: You should certainly ask them of your attorney, the seller, the lender or the title insurance company If you do not receive a satisfactory answer to your questions,you may contact the office of the ColoradoCommis ioner of Insurance,J.Richard Barnes,Commissioner, Department of Regulatory Agencies, 106 State Office Building,Denver,Colorado 80203. 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Garcia Director Department of Urban Renewal 1307 - 4th Street Greeley, Colorado 80631 Dear Mr. Garcia: As requested, I have personally examined and appraised the real property known as: Lot 9 , Block 1, BURGER-FRY SUBDIVISION, Weld County for the purpose of reporting to you my opinion of its market value as of March 15, 1976. The owner (s) of the above described real property is/are: MENDOZA, CONCEPCION Based on the examination and study made, I have formed the opinion that as of the date mentioned, the real property had a market value of: SEVEN HUNDRED and NO/100 DOLLARS ($700 . 00) The distribution of market value is as follows: LAND $ 500 . 00 IMPROVEMENTS $ 200 . 00 TOTAL $ 700 . 00 The attached report represents a review of the appraisal and my analysis of the data on which the opinion of market value was predicated. Respectfu�ll/y� submitted, mru. m 7 C. flit-.cos- Michael C. Marion, MAI/SRPA MAI (Member,Appraisal Institute) — American Institute of Real Estate Appraisers SRPA (Senior Real Property Appraiser) —Society of Real Estate Appraisers Member — Greeley Board of Realtors, Inc., Colorado& National Association of Realtors SALE DATE / / SALE PRICE $ ADDRF55 SALE PRICE ALLOCATION LEGAL Lot 9, Block 1 , Burger-Fry Sub. Greeley MENDOZA, Concepcion REC.NO. LAND $ 500 SELLER APPRAISED3 / 15/ 76 GARAGE $ BUYER VAI TIES 700 BASEMENT $ DATA SOURCE: ONSITE $ 200 PRIMARY $ BROOMS BATHS SOFT. APPL HEAT BUILT CON D. CARPET P& P FIREPL. CONST. %BSMNT. FINISH GARAGE OUAL. — r SITE SOFT. FENCE 225 1/f LDSCPE. OTHER Flip Over For More Data _. I i 7` T T ■ ■■■ _ ■■■■ N■ ■NN■N■■NN ■ NN■■■■■■■■N■■N■ - ;-L ■■■■■■N■■N■■■■■■N�p ■ ■N■■=■■■■ N■■�■■ ■ ■ r f F+ y 1111 ` if _} 1, 11-:1 it { i- $ } 111 } +t ` 11HIt 11 r t + ■■■ ■■ ■■ :■■�n::::■■ :■:::■NN■N: ■ ..O ::L. nnmininiinnn ' , H I ,�E ijJjJ: Ill--� I1hIIIijfluii4r t +1I , T , [ 1 iflF 1 l 11 - 4 1f1 it { { Ii 1 1 1 1 I 1 . 1 I I 1 . 111 1 1 f hiti L I: lil , ! 1 1- t i . 1-} �r 1 �� j ' C r 1 t { ■ -� n: :::_ �■ ■■N■nnn -- -'-_ i �� r ■-t-+L _Cyr L ___4�+ I IL . -.� Michael C. Marion r lifilj . 5th STREET 30.9' 17.5' n' 50' 50' 50' I 50' 50' 63.88' I 50' ' ° O O O O I 1 IJ 1 r 1 N 11.12' 5p' 50' 50' 1136.71' I w 63.88' I O _ 225' S u, u, 130.5' �„ ski, O O O O r a O4 I-- N W N 200' 120.08' O _ O _O• 175' a 109.65' 0 = z x O V 150' O a 99.22' 15'2 88.79' 10 O \ \\\ HE 100' 78.36' UDRE @ 2 O. a 9 RIVER 75' �, 67,93' 01 O o 1'2 r 1O E 6th STREET 50' 57 5' 30.9' I Michael C. Marion RESIDENTIAL APPRAISAL REPORT Borrower/Ghent GREELEY DEPARTMENT OF File No. property Axon= URBAN. RENEWAL_ Census Tract Map Reference x9c Owners: MENDOZA, CONCEPCION City Greeley 6/85/1607273 Warranty Deed Count —i�Td�].d I t•,I.il Dr;,nlir on Lot 9r Block 1 -- Srates`Q1flBurg Zi r�Code 80631 '''"I''"" $ Date of Sale - - - -_-_ Burger-Fri Subdivision Property Ru�hts AlTtnaised�lf Fee Ir l� nt rn.il It••,rl E state Taxes$ * — — �"! t _I Leasehold['.I DPIYT,mi5 PUD(F NMA only I ICnn1f0 JPlJfl) 5.7 4 (yr) Loan char es to he __. _-- g Peed by seller$ Lenth•r - Other salesconcess,ons N/A Lender's Address ` rJcculi,rr Appraiser -�.. Michael C. Marioninstructrons to Appraiser L. * L — $ So_ + I — S • 50 X's .14286 1`1:11 Levy f':.. Location XUrban f Suburban Built Up 1-i Rura! ❑Over 75% X25%to 75% []Under 25% Good Avg, Fair Poor Growth Rate CI Fully Dev. ❑Rapid Employment Stability ❑ ig O O X Slow Property Values Convenience to Employment ❑ ❑ ❑ ['Increasing ❑Stable jDeclinin Demand/Supply 9 Convenience to Shopping ❑ ❑ ❑ ❑Shortage E]In Balance Over Supply Marketing Time PP y Convenience to Schools O O O Iq ❑Under 3 Mos. ❑4-6 Mos. (Over 6 Mos. Quality of SchoolsX Present Land Use25 % i Family %2-4 Family %Apts. %Condo O X ❑ ❑ 25 %Commercial Recreational Facilities (� O O I41%Industrial %Vacant% J� '_, Change in Present Land Use ❑Not Likely ❑Likely (•I i/�I�/ Adequacy of Utilities ❑ ❑ ❑ NI Taking Place('1 Property Compatibility ❑ ❑ O X (•1 From_ReSidenti_al To Commercial/TnduStria9rotectionfromDetrimental Conditions lki Predominant Occupancy Owner O O �] []Tenant %Vacant Police and Fire Protection O Single Family Price Range $750 to$ 5000 �Q ' Predominant Value$IS�Q General Appearance of Properties ❑ ❑ ❑ Ditl Single Family Age yrs to yrs Predominant Age 40+ yrs Appeal to Market ❑ ❑ O Note: FHLMC/FNMA do not consider the racial composition of the neighborhood to be a relevant factor and it must not be considered in the a , Comments(including those factors adversely affecting marketability) The B ger—F _ lnr�Sit ' n consists pp'a'�I ts varying in size from 3,136 s/f to 10.650 s/f- 6 Lots jlots 8-9-10in Block 1o& Lots�10-11-12 in Block 2) are in the City of Greeley. The other 16 lots are in Weld County. The subdivision_ Jy is triangular shaped with the Cache La Poudre River forming the west boundary. 5th Street forms the north boundary and a farm implement dealer borders the subdivision on the east. Dimensions 50.48' x 67.93' x 50.12' x 57.5' 3,627 Sq. Ft.or Acres •,�1 Zoning classification M-3 Manufacturing [] Corner Lot Zonin Highest and best use: ❑ Present use XOther Pr improvements do ❑do not conform to zoning regulations (specify) yj�e}lp�e — General Storage, Etr_ ' Public Other(Describe) OFF SITE IMPROVEMENTS To Elec. X Po Level Street Access: X Public ❑Private Size 32.2 Gas ❑ Propane Surface % Below Stthr3ivi¢fnn Average • Dirt & Gravel Shape Trapp7nid 9 + a"later ❑ Hauled in Maintenance: XPublic ❑Private View r,.d San.Sewer ❑ Out houses ❑ Storm Sewer None I]Curb/Gutter Drainage Fair ❑Underground Elect.&Tel.❑ Sidewalk nSneet Lights g Is the _ �� property located in a HUD identified Flood Hazard Area?[ J No CPC Yepe c;nrnmenis (favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions) Subdivision has only one egress/exit route. Street is only 30.9 feet wide and turn arounds property. occur on private I-'I Existing(approx,yr.bit.) 19 No. Units 'Type(det,duplex,semi/det,etc.) Design (rambler split level,etc.) _ Proposed ❑ Under Construction No.Stories Exterior Walls Roof Material Gutters&Downs outs P ❑None Window (Type) _ ns ❑ Insulation L]None []Floor r Foundation Walls 111 %Basement ❑Floor Drain Sash ❑Scree Co mbination ❑Ceiling ❑Roof ❑Walls am Finished Ceiling _ ]Outside Entrance El Sump Pump Finished Walls 4 Li Crawl Space ]Concrete Floor ^ % Finished Finished Floor _)Slat+on Grade Evidence of: ❑, t Comments Dampness ❑Termites ❑Settlement Room List Foyer Living Dining Kitchen Den Family Rm. Rec. Rm. Bedrooms No.Baths Laundry Other Basement 1st Level --�, 2nd Level Total____ Rooms Bedrooms Baths in finished area above grade. ' Kitchen Equipment:❑Refrigerator ❑Range/Oven ❑Disposal ❑Dishwasher ❑:Fan/Hood ❑Compactor O Washer ❑Dryer ❑ HEAT: Type Fuel Cond. AIR COND-❑Central ❑Other Floors Hardwood U Carpet Over El Adequate ❑Inadequate Walls ❑Drywall ❑Plaster Good Avg. Fair Poor Quality of Construction(Materials& Finish) ❑ ❑ C] ❑ Trim/Finish CI Good ❑Average ❑Fair ❑Poor Condition of Improvements ❑ O O El Elath Floor El Ceramic D Bath Wainscot ❑ H Rooms size and layout El El ❑ O ❑Ceramic Special Features (including fireplaces): Closets and Storage ❑ El ❑ n Plumbing—adequacy and Condition [] Cl ❑ n Electrical—adequacy and condition ❑ n O ❑ Kitchen Cabinets—adequacy and condition ATTIC: ❑Yes ❑No ❑Stairway ❑Drop-stair ❑Scuttle Floored ❑ ❑ O ❑ Finished(Describe) ❑ Compatibility to Neighborhood ❑ ❑ ❑ O CAR STORAGE: Gera ❑ Heated Overall Livability ❑ CJ ❑ El❑ ge ❑Built-in ❑Attached ❑Detached❑Car Port Appeal and Marketability No,Cars „I]Adequate❑Inadequate Condition ❑ ❑ ❑ O Effective Age Yrs. Est.Remaining Economic Life Yrs. POI1CItE5,PATIOS,POOL, FENCES,etc. (describe) COMMENTS (including functional or physical inadequacies,repairs needed,modernization,etc.) Site is being used as a miniature feed lot (cattle) . Value of property is limited to site value and salvage value of fencing around perimeter of site -- 225 L/F. dC rut+*, 70 Rev. 0/76 ATTACH DESCRIPTIVE PHOTOGRAPHS OF SUBJECT PROPERTY AND STREET SCENE 14 I) FNMA Form 10 O4 Rev. 9/75 VALUATION SECTION Purpose of Appraisal is to estimate Market Value as defined in Certification& Statement of Limiting Conditions (FHLMC Form 439/FNMA Form 1004B1. If submitted for FNMA, the appraiser must attach (1) sketch or map showing location of subject, street names,distance from nearest intersection,and any 1 detrimental conditions and (2)exterior building sketch ot improvements showing dimensions. Measurements No. Stories Sq. Ft. ESTIMATED REPRODUCTION COST — NEW — OF IMPROVEMENTS: x x = Dwelling Sq. Ft. @ $ * $•i _ x x • Sq. Ft.@ $ *. I x x = Extras = x x 225 L/F Fence @ 1.00 225 x x —T x x = Porches, Patios,etc. _ Total Gross Living Area (List in Market Data Analysis below) Garage/Car Port Sq. Ft.@$ _ ' Comment on functional and economic obsolescence: • Site Improvements (driveway,landscaping,etc.) _ _ ' Total Estimated Cost New . . . . . . . . - S Physical Functional Economic Less Depreciation $ $ $ = S ( ) Depreciated value of improvements = $ 225 ESTIMATED LAND VALUE 3,627 @ 14 . _ $ 500 (If leasehold,show only leasehold value)t 725 INDICATED VALUE BY COST APPROACH . Say. $ 700 1 I The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The descrip- • lion includes a dollar adjustment,reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant 'rem in the comparable property is superior to,or more favorable than,the subject property,a minus(-I adjustment is made,thus reducing the indicated value of subject:it a significant item in the comparable is inferior to,or less favorable than,the subject property,a plus(+)adjustment is made,thus increasing the indica- ted value of the subject. ITEM Subject Property COMPARABLE NO. 1 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address LOt 9 Block 1 ' Proximity to Subj. __---- - S.IIc; Price $ : $ 11$ ;$ Price/Living area $ ! $ $ cll 's 0 Data Source Xnspection 3/29 Dare of Sale and DESCRIPTION DESCRIPTION I Adjustmsent DESCRIPTION- Adjustment s DESCRIPTION IAdlustmment Time Adjustment ' , 'y Location M-3 Mfg. City I l I I I I • Site/View 3,627 /None • I Design and Appeal I ) Quality of Const. I i I F , Aae I I I S Condition I t I ] ' ' t I 1 i 1 t Living Area Room Total I g-rms I Baths Total I B.rms I Baths (: Total ,B-rms I Baths I Total B-rms I Baths 1 I I I I 4 i ,,,int and Total r , r I , i i I (;rte;; l lvir�Area $q.Ft. Sq-Ft. I Sq.Ft. � Sq.Ft. b,,,rrncnt& Bunt. I I-rnlshed Rooms I 1 I ;f': Functional Utili I I I hl. f I i I I , Air Conditioning I I Gar a/Car Port I 1 Porches,Patio, i I Pools,etc. I I 1 I Other (e.g. fire- I I I places, kitchen I equip., heating, I I _ remodeling) I I , i is ' F I r Sales or Financing I ) I I I Concessions I 225 L/F Fence I I t ' I I I• I I I I Net Adj.(Total) ❑ Plus; ❑ Minus ,$ ❑ Plus;❑ Minus is ❑ Plush ❑Minus)$ Indicated Value I I of Subject '$ I$ is Iomments on Market Data I$OlCATEDiVAs.uE,$Y,MAR KILT:DATA APPROACH $ tNDVCAttD VALua•NrINCOME APPROACH (If applicable) Economic Market Rent$ /Mo.x Gross Rent Multiplier = $ This appraisal is made LJ'-as is'❑subject to the repairs,alterations,or conditions listed below ['completion per plans and specifications. f Comments and Conditions of Appraisal: i ' Final Reconciliation: Distribution of Value: Land $500 Improvements $200 Total $700 This appraisal is based upon the above requirements,the certification,contingent and limiting conditions,and Market Value definition that are stated in FHLMC Form 439(Rev,9/75)/FNMA Form 10046 filed with client 19 ❑ attached. It submitted for FNMA,the report has been prepared in compliance with FNMA form instructions, I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF March 15 1976 to be$ 700.00• pP ^'4"44( Review Appraiser(If applicable) Michael C. Marion, MAI/SRPA 0 Did 0 Did Not Physically Inspect Property HI MC Form 70 Rev. 9/75 REVERSE FNMA Form 1004 Rev. 9175 MICHAEL C. MARION REAL ESTATE APPRAISER (303) 356-1331 P.O. BOX 519 1331 8TH AVENUE GREELEY,COLORADO 80631 March 15, 1976 Mr. Joseph I . Garcia Director Department of Urban Renewal 1307 - 4th Street Greeley, Colorado 80631 Dear Mr. Garcia: As requested, I have personally examined and appraised the real property known as: Lot 10, Block 1, BURGER-FRY SUBD. , Weld County for the purpose of reporting to you my opinion of its market value as of March 15, 1976. The owner (s) of the above described real property is/are: MENDOZA, CONCEPCION Based on the examination and study made, I have formed the opinion that as of the date mentioned, the real property had a market value of: ONE THOUSAND FIVE HUNDRED and NO/100 DOLLARS ($1, 500 . 00) The distribution of market value is as follows: LAND $ 450 . 00 IMPROVEMENTS $1, 050 . 00 TOTAL $ 1, 500 . 00 The attached report represents a review of the appraisal and my analysis of the data on which the opinion of market value was predicated. Respectfully submitted, r12a/AUL C. 'n'•trt Art Michael C. Marion, MAI/SRPA MAI (Member,Appraisal Institute) — American Institute of Real Estate Appraisers SRPA (Senior Real Property Appraiser) —Society of Real Estate Appraisers Member — Greeley Board of Realtors, Inc., Colorado & National Association of Realtors ADDRESS SALE DATE / / SALE PRICE $ LEGAL Lot 10, Block 1, Burger-Fry Sub. Greeley SALE PRICE AI LOCATION SELLER MEND0ZA, Concepcion REC.NO. LAND $ 450 BUYER APPRAISED 3/ 15/ 76 GARAGE $ VALUES 1, 500 BASEMENT S DATA SOURCE: ONSITE $ 1, 050 PRIMARY $ 8'ROOMS 0 BATHS 0 SO.FT. 256 APPL. 0 HEAT 0 BUILT ' COND. Fair CARPET 0 P& P """-- __---___ FIREPL. 0 CONST. Frame Il Ill %BSMNT. 0 FINISH 0 GARAGE O QUAL. Fair‘LIIIP:. lw SITE 50 . 48x57 . 5x67 . 93x50 . 1SD.FT. 3 , 118 FENCE Varieties LDSCPE. 0 NW OTHER Building is a general storage building. Flip Over For More Data ■■■■■■■�N I �■■■q■■ �� ■■r■■�� ■■■■■■ ��a.... _ { 1 � ; -11-.' , + 1 I ( + :_{ I 1111 . , 1 I _ 11 i t - }- ti—-41, 4 r I . }} 1 tl r • 1 14t—ilij '4 4 ' 1 1 f i t � _ } +rt t� r T _ I ■ I r . +4 1 r 44 44 4 ,Y — t 4 I 1 •-i + 1_ it +I T 1 .� rt L. i . - t I 11 4 t i . F r-_ y..-_ . - Li t . 1 1 . � t _ t 4i 1 f 1 $_ 1 1i I -E 4, � 1I1 - t1a : 1 1 1 1 7 � �1 1 . 4 ' I . ' - eft f - + � r1L f f 1{ = .-} 4 -. -+ I -M { l ; iT t $ . . .. . . __� I .: +1_ 'I_y.__ 1 1-. _t.-. — l i ` ' --t 1 11 i I +y.- I • • . _ . . . I . i 1 Michael C. Marion iliti4 . 5th STREET 30.9' 17.5' � I 50' 50' 50' 50' 50' 63.88' I 50' ' P I i w O O O O O o 0 O I r i� 13 0 ,O 1 r f• 0 1 N 1136.71' i Lir 11.12' 50' 50' 50' 63.88' 225' 130.5' N S 9 0' O 0 •.'� O F, . O F+ r N N 200' 120.08' • 175' a 109.65' U 150' 0 99.22' Fa r, O 14 - - al O w 125' 88.79' 0 10 ' O \ \N 100' 78.36' O175' yr 67.93' o EM 6th 50' N 30.9' I Michael C. Marion RESIDENTIAL APPRAISAL REPOR File No. iniBorrower/Client GREELEY DEPARTMENT OF URBAN RENEWAL Census Tract Map Reference Property>I{li i Owners; MENDOZA, CONCEPCION 6/18/1540333 Warranty Deed :,r, City Greeley County Weld State Colorado Zip Code 80631 i.„-t .Legal Description Lot 10, Bloc-'k 1 Burger-Fry Subdivision Sairr Price$ Date of Sale Property Rights Appraised Fee❑Leasehold❑DeMinimis PUD(FNMA only Li Condo ❑PUDI _4 Actual Reel Estate Taxes$ 5.14 * (yr) Loan charges to be paid by seller$ Other sales concessions Lender N/A Lender's Address [....j! Occupant None Appraiser Michael C. Marionlnstructions to Appraiser .,;, + I S O = S 50 X's .10286 Wa1 Levy _ Location rg Urban C7 Suburban L_l Rural Good Avg. Fair Poor Built Up ❑Over 75% C25%to 75% nUnder 25% Employment Stability ❑ $ ❑ O Growth Rate ❑Fully Dev. ❑Rapid ❑Steady IXSlow Convenience to Employment ❑ ❑ X ❑ Property Values ❑Increasing ❑Stable )(Declining Convenience to Shopping ❑ ❑ ❑ IM Demand/Supply El Shortage O In Balance ) 0ver Supply Convenience to Schools ❑ ❑ ❑ X Marketing Time ['Under 3 Mos. ❑4-6 Mos. )Over 6 Mos. Quality of Schools ❑ X ❑ ❑ Present Land Use25 % 1 Family %2-4 Family %Apts. _%Condo 25 %Commercial Recreational Facilities O OO P.41 2,,5_%Industrial.Z5_%Vacant% Adequacy of Utilities O II ❑ (X Change in Present Land Use ❑Not Likely [_]Likely (') )(Taking Place(') Property Compatibility ❑ ❑ ❑ X (•1 From Residential To Commercial/, 1dustlallotectionfromDetrimentalConditions O O ❑ kl Predominant Occupancy XOwner [ITenant % Vacant Police and Fire Protection ❑ ❑ ❑ li1l Single Family Price Range $750 to$ 5000 Predominant Value$1 50Q General Appearance of Properties ❑ ❑ ❑ NI Single Family Age yrs to yrs Predominant Age 40+ yrs Appeal to Market ❑ ❑ ❑ X Note: FHLMC/FNMA do not consider the racial composition of the neighborhood to be a relevant factor and it must not be considered in the appraisal. Comments(including those factors adversely affecting marketability) The Burger-Fry Subdivision consists of 22 Lots varying in size from 3._.36 s./f to 10.650 sift. 6 Lots (lots 8-3-10 in Block 1 & Lots 10-11-12 in Block 2) are in the City of Greeley. The other 16 lots are in Weld County. The subdivision is triangular shaped with the Cache La Poudre River forming the west boundary. 5th Street forms the north boundary and a farm implement dealer borders the subdivision on the east. Dimensions 50.48' x 57.5' x 67.93' X 50.12' 3,118 Sq. Ft. or Acres i j Corner Lot Zoning classification Present improvementsdo ]do not conform to zoning regulations 'q highest and best use: [l Present use Other (specify) Warehouse__— General S1 oragP, F,tC_ f'r cPuublic Other(Describe? OFF SITE IMPROVEMENTS Topo Elec. Street Access: X Public ❑Private Size 41.7 # Below Snhrlivi Sing Avprag, c;.,s ❑ Propane Surface Dirt & Gravel Shape Trape7ni d Water ❑ Hauled in Maintenance: Public []Private View None "'• San.Sewer ❑ Out houses ❑ Storm Sewer r]Curb/Gutter Drainage X ❑Underground Elect.&Tel.❑ Sidewalk Fair ❑Street Lights . Is the property located in a HUD identified Flood Hazard Area?❑No Yes Comments (favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions) Subdivision has only - one egress/exit route. Street is only 30.9 feet wide and turn arounds occur on private property. XExisting lapprox.yr. blt.) 19 ? No.Units 1 Type (det,duplex,semi/det,etc.) Design (rambler,split level,etc.) Exterior Walls '1_-;Proposed LII Under Construction No.Stories 1 Detached Shed " Roof Material Gutters& Downspouts None Window(Ty pe):ype): Aluminum Insulation None []Floor .it; HiP-Asph. Shale. , El Sash Screens ❑Ceiling ❑Root ❑walls . []Combination Foundation Walls 0 %Basement []Floor Drain Finished Ceiling Concrete _]Outside Entrance ❑Sump Pump Finished Walls r [ ]Crawl Space ]Concrete floor _% Finished Finished Floor 'i Slab on Grade Evidence of: [_]Dampness ❑Termites ❑Settlement Comments Room List Foyer Living Dining Kitchen Den Family Rm. Rec.Rm. Bedrooms No. Baths Laundry Other fril- Basement 1st Level 2nd Level r Total Rooms Bedrooms -Baths in finished area above grade. Kitchen Equipment:❑Refrigerator ❑Range/Oven ❑Disposal CI Dishwasher ❑!Fan/Hood El Compactor ❑Washer El Dryer El HEAT: Type None Fuel Cond. AIR COND:El Central []Other ❑Adequate El Inadequate C-` Floors (]Hardwood ❑Carpet Over PlyWOOd Good Avg. Fair Poor 1' ❑ ❑ ❑ Walls ❑Drywall ❑Plaster ❑ Quality of Construction(Materials& Finish) r Trim/Finish ❑Good ❑Average ❑Fair ❑Poor C'' Condition of Improvements ❑ ❑ . O [lath Floor []Ceramic El h. Rooms size and layout n El El J! 1t.itl,W.unsr•ot riCeramic Ecc Closets and Storage f'] n f`1 titn•crnl Features (including fireplaces): } Plumbing--adequacy end condition I ] 1 El czElectrical-adequacy and condition a�y t l d n n (X Kitchen Cabinets-adequacy and condition ❑ El El pQ • ATTIC: [__,?Yes []No ❑Stairway 001'0P-stair []Scuttle ❑ Floored Q Compatibility to Neighborhood [] El El 1J • I in•.tic ( e• •r v O.d D ,,. i h.IHeated e . 1 El at c Overall Livability y [3 ❑ [] _- t t:Ah STORAGE: [_Garage ❑Budt•in ❑Attached ❑Detached❑Car Port Appeal and Marketability ❑ ❑ O igi ,_,J No Cars ❑Adequate❑Inadequate Condition Effective Age Yrs. Est. Remaining Economic Life _ Yrs. -1 PORCHES,PATIOS,POOL,FENCES,etc. (describe) I - - i COMMENTS (including functional or physical inadequacies,repairs needed,modernization,etc.) Site is being used for raising livestock. The building which has about 256 S/F and is partially finished, can be used for general storage purposes only. I _ fil-MC Form 70 Rev. 9/75 ATTACH DESCRIPTIVE PHOTOGRAPHS OF SUBJECT PROPERTY AND STREET SCENE FNMA Form 1004 Rev.9/75 i7.034.0 VALUATION SECTION a , Purpose of Appraisal is to estimate Market Value .a defined in Certification & Statement of Limiting Conditions (FHLMC Form 439/FNMA Form 10048). ' If submitted for FNMA, the appraiser must attach (1) sketch or map showing location of subject, street names,distance from nearest intersection,and any detrimental conditions and (2)exterior building sketch of improvements showing dimensions. I Measurements No. Stories Sq. Ft. ESTIMATED REPRODUCTION COST — NEW — OF IMPROVEMENTS: { 16 x 16 x 256 Dwelling Sq. Ft. @ $ = $ Ix x Sq. Ft. @$ x x Extras Storage Bldg. x x - 256 S/F @ $3.00 - _ 750 .1:iilif.: x x - Misc' sheds/fences, etc. - 300 Misc.].x x ' = Porches, Patios,etc. - Total Gross Living Area (List in Market Data Analysis below) 256 Garage/Car Port Sq. Ft. @ $ - — Comment on functional and economic obsolescence: + Site Improvements (driveway, landscaping,etc.) - _ Total Estimated Cost New - $_ Physical Functional Economic Less Depreciation s $ $ - $ I 1 Depreciated value of improvements - $ 1,050 ESTIMATED LAND VALUE 3,118, @. 14C, . - $ 450 (If leasehold, show only leasehold value) INDICATED VALUE BY COST APPROACH . . . $ 1,500 I The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The descrip- ' ton includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favorable than,the subject property,a minus (-)adjustment is made, thus reducing the indicated value of subject;if a significant item in the comparable is inferior to,or less favorable than, the subject property,a plus (+I adjustment is made, thus increasing the indica- ted value of the subject. ITEM Subject Property COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Lot 10, Blk 1 Proximity to Subj. Sales Price ' Price/Livin area �n 3/29 $ $ $ 0. DaCI Source spectioni r r IDate of Sale and DESCRIPTION DESCRIPTION I AdjtlstIn*ent DESCRIPTION- I Adjustmment DESCRIPTION Adjustmment t -ne Adjustment i N 1 I ovation M-3 Mfg. City I iSite/View 3,118 /None t � • Design and Appeal I 7 Qualityof Const. Age t 1 Condition I r t I Living Area Room Total i B-rms ' Baths Total I B-rms i Baths Total . B-rmTotal ms s I Baths I • B-r i Baths I • Count and Total , t I I i I I I i Gross Living Area Sq.Ft. Sq.Ft. I Sq.Ft. Sq.Ft. Basement& Bsmt. I I Finished Rooms I I 1,, Functional Utility I I I ',, Air Conditioning I Garage/Car Port I ' -,. Porches,Patio, Pools,etc. I I Other (e.g. fire- I �, places, kitchen equip., heating, I remodeling) I j I I -i Sales or Financing l Concessions 256 S/F Shed i I I Misc'l Fences I Pens, Corrals i ' I �, Net Adj. I I Plus; I I �_[� Plus; Minus ,$ (� Minus I$ Plus, ❑Minus Indicated Value I I A of Subject '$ I$ $ ' Comments on Market Data t. • INDICATED-VALUE BY MARKET DATA APPROACH $ INDICATEDVALUE BV'INCOME APPROACH (If applicable) Economic Market Rent$ /Mo.x Gross Rent Multiplier - $ This appraisal is made ❑"as is'❑subject to the repairs,alterations,or conditions listed below ❑completion per plans and specifications. Comments and Conditions of Appraisal: Final Reconciliation: Property is being used as a miniature feed lot. Use is not conducive in holding up property values. Distribution of Value: Land $450 Improvements $1.050 -------- Total $1.500 This appraisal is based upon the above requirements,the certification,contingent and limiting conditions,and Market Value definition that are stated in I_ FHLMC Form 439(Rev.9/751/FNMA Form 10048 filed with client 19_ ❑ attached. i if submitted for FNMA,the report has been prepared in compliance with FNMA form instructions. I ESTIMATE THE MARKET pVALUE, AS[�DEFINED, OF SUBJECT PROPERTY AS OF March 15 1976 to be$1,500.00 Appralserl s) �1'd�`• ^" `"' • `�� Review Appraiser (If applicable) Li Michael C. Marion, MAI/SRPA ❑ Did ❑ Did Not Physically Inspect Propert y Fill MC Form 70 Rev. 9/75 REVERSE FNMA Form 1004 Rev. 9/75 JV.. •93 Rec. No. - 174.4965 Miry Ann Feuersrern Recorder V/U -- hi VALID ONLY WHEN ISSUED BY THE DENVER COUNTY COURT IN THE COUNTY COURT IN AND FOR THE CITY AND COUNTY OF DENVER AND STATE OF COLORADO 1 CIVIL DIVISION • 1100 BANNOCK STREET • DENVER COLORADO 80204 I G1 CERTIFICATE OF SATISFACTION OF JUDGMENT _r - ` 1�j ��! 6r'��te-e-e Civil Action No. Y/513 5a3 71 c.Imo- —%"if-' '�_?sr c �,/ `""1 / Plaintiff(s) vs. o / � Defen t(s). 0 I, JAMES W. BEARD, Clerk of the Civil Division, Denver County Court, certify that JUDGMENT ,-0 in the above entitled case has now been fully SATISFIED. erb r�� r� Date Judgment entered: CC.h-d—JL! "� "7J �� r L..— y Date Judgment satisfied: YE de" 7 c '' 1 7, tt, V ,r .44 . C'r• t ti SW JAMES W. BEARD Issued by %r��C ` -�� Acktirta Clerk of the CA II DR ision Deputy Court Clerk Denver Count Court 1 Y Date ��1�'� , 197t--- (SEAL) / % KR \ -» § . \ § �O2 � \ mk§ _ j/ - % ° x ; > O 2 \‘'-..‘<:.) a tp K / 2 QL \ �\ ® � ` ) � � 5 I ( � x \Ir4 -1 \ � � 0 .\. ' � \ HUU ! \) ROBERT J. MITCHELL, M.A.I. Minim SUITE 315 - 724 EIGHTH STREET TELEPHONE AMERICAN inernrurs or ESTATE APPRAISERS GREELEY, COLORADO 80631 43031 352 1114 REAL November 28, 1977 Greeley Urban Renewal Authority 718 Fifteenth Street Greeley, Colorado 80631 Attention Ms . Marianne LeClair Dear Ms. LeClair: Pursuant to your request, I have given consideration to an updated Market Value of the following properties in the Burger-Fry's Subdivision: Mendoza - Lots 9 and 10 of Block 1 Maldonado - Lot 11 of Block 2 Barrera - Lot 12 of Block 2 These are properties which were included in my appraisal dated September 1 , 1976 with the date of value of July 17, 1976 . This updating assumes the properties to be in similar condition to that at the time of my inspection in 1976. As you may recall and as explained in my previous report, there exists with these properties, the conflict between Highest and Best Use as low income residential versus bare land potential for industrial uses. Therefore, a change in the condition of the minimal improvements would have little effect on the overall value . A search has been made to determine if any of the comparable sales used previously have resold or if other similar properties have sold recently that might suggest the appropriate rate of change in the market that would affect the Market Value of the subject properties . A property recently sold adjoining previous Sale C on the east. It in- cluded about 9,000 square feet of land and sold for $14,000 or $1 .55 per square foot. It did include better improvements than those involved with Sale C. This suggests a substantial increase in land values - however, the properties in- volved in this sale are intended as a site for future multi-family construction and are not of the same type included in the subject instances . Nevertheless, they suggest values on the east side of Greeley are increasing. Greeley Urban Renewal Authority - 2 - November 28, 1977 The property across the river just west of the subject Burger-Fry's Subdivision sold in mid-1977 for $33,500. Included was 92,500 square feet resulting in a rate of $0. 36 per square foot. This included previous Sales B and E. However, they were of much smaller (assemblage) sites and had sold in 1973 at the rates of $0.48 per square foot and $0. 17 per square foot. This office is involved in the appraisal of approximately 500 residential properties per year plus numerous commercial and industrial parcels . The general residential market in Greeley has been appreciating at the rate of 8 to 10 percent per annum during the past year and one half. Lower valued resi- dential properties are scarce and have increased at a slightly higher rate. Industrial land has also been somewhat scarce and has increased in value at the rate of 10 to 15 percent per annum. The subject properties are some of the most undesirable real estate in the general neighborhood. They are subject to flood restrictions, poor access and limited useability of size and shape of the sites. Therefore, the rate of appreciation is considered slightly less than that for most of the types of real estate just mentioned. As a result of this general analysis, value of the subject properties are considered to have appreciated at the rate of 3/4 percent per month - compounded, during the past 16 month period. The updating applied therefore results in the following figures: july,1976 11/28/77 Owner Value Value Mendoza $2,800 $3,200 Maldonado $2, 150 $2,400 Barrera $2,400 $2,700 For details of other pertinent background data regarding this value esti- mate, refer to the original reports for items such as Highest and Best Use, Area Data, Neighborhood Data, Purpose, Zoning, Contingent and Limiting Conditions, and statement regarding Certification. Respectfully submitted, fee4,4,/9 •)iljeje Robert j. `Mitchell, M.A.I. Mendoza Parcel + ' Looking southeasterly - 1-= across the south end - r of the street in the Rr a \ �_ S1J It. Burger-Fry's Subdivi- _1I 41 sion at residence in \'LAS _ _ the southwest portion of Lot 10, Block 1. y, __ _ r'` '"ttil '" - t Looking southeasterly �' across the northwest I is ^ �c. , \ corner of Lot 9, ' - Block 1 . Shows cor- a_ r Wm' • ral and shed area. p �J . I,;- ' lirJ "; linill ' r'1IIIII. . !IIIIII "I \\ y _ 7 1 0 S i $ a4. _ ` FM1 Looking southwesterly. ;4 Rear view of Lot 10. --am, -:/ Looking westerly at o • rear view of Lot 9. - ,az'P4&se - tier 5!Sz9/ /4::e\ \ / s �y . 7-A=t—e--7 50.o s .o a..0 50.0 soh.0 V ��.2 9 IN C d• flea y V' taa.o ti Att.ab h t.1.pl_.e //C .4.or 7 a : .[5 • N aPE-.,eLa-Y CaZa W /75.a /Of-GC. LOT 8 a a L(p k U. C (1 /5'O.O 8¢tL CI �7D : 4 or 9 i _ 41 • N to o ea.rf 's• : z // % ; 27 * M 7s.o G19s ‘ • L/2 % T/��7' )b 4/O 6re � � �0 41.9 I - 27 - Mendoza Residence Sketch of Floor Plan Bedroom I Living Room/ Bedroom - - - 16' Kitchen Living Room _J 19' - 28 - LEGAL DESCRIPTION Lots Nine and Ten (9 and 10), Block One (1), Burger-Fry's Subdivision, being a subdivision of a part of Lot Four (4) of the Southeast Quarter of the Northeast Quarter (SEINEI) of Section Five (5), Township Five (5) North, Range Sixty five (65) West of the Sixth Principal Meridian, according { to the subdivision of lands by the Union Colony of Colorado, Weld County, Colorado. SITE DESCRIPTION The subject site is almost rectangular in shape but slightly trapezoidal. It is 78. 36 feet along the north side, 100.24 feet on the east, 57.5 feet along the south and the frontage or west end is 100. 96 feet resulting in an area of approximately 6,809 square feet. The fronting access street which is only about 30 feet in width is dirt and gravel without curb and gutter. The site is slightly below some of the surrounding land grade especially to the east. There is a very slight slope to the west toward the river which is about 120 feet away. The site undoubtedly has rather slow surface drainage. Soils are a light brown, fine sandy loam containing some gravel. No water, sewer or natural gas is connected to the site. Electricity is available from Home Light and Power Co. via overhead lines. A minimum quality patchy residence occupies the front portion of the site. I The east and north or back areas are covered with sheds, corrals and chicken or small animal type pens and sheds . DESCRIPTION OF IMPROVEMENTS Dwelling 304 square feet. Frame construction with weather resistant, color im- pregnated masonite lap and vertical siding over celotex insulation board and 2" x 4" studs. 2" x 6" sill foundation raised on spaced cinder blocks . Roof is composition shingle over solid 1/2" plywood sheathing, 2" x 4" rafters, 2 feet on center. Plywood boxed 16 inch overhang, 50% galvanized iron gutters. Three frame and one aluminum sash windows. 3/4" plywood floors. Interior designed for three rooms, one of which is partially divided. Rooms a - 29 — 12ober:J. "At! (if II y1 include small enclosed back porch or kitchen, bedroom, and combination living room, bedroom. Interior walls and ceiling are mostly uncovered or exposed studs and rafters with only 10% to 20% wallboard in place. Electri- cal includes a simple ceiling mounted porcelain socket and one wall socket for each room. Construction is quite new and to the degree completed, is in good condition. Actually the foundation is not permanent and this building could easily be moved to another site . Feed Shed 120 square feet. Frame construction with masonite siding and aluminum horizontal window - no door, plywood floor and sill foundation, raised on spaced cinder block footings . Roll composition roof over solid plywood sheath- ing. Fair condition. This building could also be moved very easily. Hog Pens Combinations of low, small scrap lumber buildings with some scrap corrugated metal siding. Sturdy structures . Mostly cedar upright post supports . Fair to poor condition. Barn 216 square feet. Vertical post supports with patchy board and plywood exterior walls. Solid sheathing. Roof covered with roll composition or tar paper material. Dirt or manure floor. Poor condition. Chicken House 336 square feet enclosed - is combination of frame board and plywood construction with metal roof. Dirt floor - fair to poor condition. Attached to the front or south is a wire mesh enclosed chicken yard including wire mesh ceiling. One wall enclosed with vertical boards . Garage Almost completely unfinished. Six 10 foot high 4" x 4" and 6" x 6" vertical post supports are the only portions of this building in place. Roof trusses are stacked on the site - reportedly construction was interrupted by notice of Urban Renewal's intent to purchase the property. Corrals and Sheds Numerous miscellaneous - low, patchy constructed livestock sheds, mostly for handling small calves and hogs with similarly constructed small _ - 30 - Rubrrt r ntiirnru I • pens. Almost the entire site is enclosed by some type livestock fence or corral fence. Well t I 12 foot deep dug well with dimensions of 4 to 5 feet. Wood cribbing - in fair to poor condition. No pump. The manually drawn water apparently adequate for limited livestock, assumed unsatisfactory for human consump- tion. ZONING The subject property is currently zoned M-3, Heavy Manufacturing District by the City of Greeley. The city limits line is 50 feet north of the north line of the subject property. Uses permitted in this district are found in excerpts from applicable ordinances in the Addenda of Volume I (Basic Data Report) previously submitted for this appraisal project. The southwesterly two-third's of the site is within the flood "valley district" as interpreted by the City of Greeley zoning ordinances. The northeasterly one-third of the site is outside the boundaries of the flood zone as interpreted by the same code. This flood district would undoubtedly create limitations and restrictions as to change of use and de- velopment of the site, especially unless the site is filled and the grade raised. ASSESSED VALUE AND TAXES pE According to the records of the Weld County Assessor's office, the sub- ject two lots are assessed at $900 which would, with the applicable mill levy of 91 .07 , result in general real estate taxes of $81 .96. HIGHEST AND BEST USE Highest and Best Use of this site is considered to be its present use as low income housing with potential for industrial development recognizing the restrictions that would be imposed due to the flood with proximity to the Cache la Poudre River. It is most probable this site would reach its Highest and Best Use as potential industrial land when combined with adjoining lands. It, by itself, is small and would experience difficulties and limitations for develop- ment due to the restrictive average 68 foot depth. - 31 - RAO),rt., Mitt Men r ' I' ps EVALUATION Sales History of Subject The sales history of the subject is not considered pertinent to the current evaluation. Mr. Mendoza reported to the appraiser that he purchased and in- herited this land from relatives in 1969 and 1973. Deeds of record indicate no 99` consideration was paid. Market Approach On the following page is the comparative grid adjusting the three most comparable sales to an indication of value of the total Mendoza parcel. This includes two lots, the main dwelling and several sheds. The total site area is 6,809 square feet. The q partially completed but habitable dwelling is 304 square feet consisting of three rooms and no bath. Included as one of the comparable sales for this property is the trans- ' action from Dennis Arnold to Bobby Pearson involving Lot 5 , Block 1 of the subject Burger-Fry's Subdivision. This transaction was not written up as a sale in the original Basic Data Report due to the lack of confirmation and data available at that time. The deed is dated March 5, 1975 . It is recorded at Reception No. 1657371 , consideration was $2 , 000 and including a land area of 5, 778 square feet. Improvements at the time of purchase included a build- ing of 480 square feet, originally utilized as a four room residence and now utilized as a combination shop and barn. This transaction is utilized for this subject analysis due to the semi-finished nature of the principal improvement. The sale is also similar due to the high degree of low quality corrals, fences and livestock sheds included. This sale could be allocated $500 to improve- ments and $1 ,500 to land. The three resultant indicators provide a very wide bracket ranging from $1 , 950 to $3 ,700 for the property. Sale No. 4 requires numerous but minor adjustments and is a fair comparable. It is in the subject Burger-Fry's Subdivision. Sale No. 6 is also in the Burger-Fry's Subdivision but requires some larger adjustments and is nearly three years old. The Pearson purchase is one of the better comparables due to its fairly recent date and general simi- f larity. It is the best comparable and the final value indication, by the Market Approach, is considered to be $2 ,800. 3 The other checks of the value reported are reasonable as compared with the general unit sales price of the 13 improved sales . These figures are based I on a Highest and Best Use of low income housing . - 32 - !tube',, ',LtdLyn MARKET DATA APPROACH Comparative Grid Mendoza Arnold to Bobby Pearson Adjustment Item . Sale No. 4 Adj, Sale No. 6 Adj. Sale No. -- Adj, Date of Sale 5/74 +$300 5/73 +$1 ,000 3/75 +$200 Age & Condition Inferior +$300 Inferior +$ 200 Inferior +$300 Construction/Quality Superior -$200 Superior -$ 600 Inferior +$200 Size - Sq. Ft. 480 -$200 900 -$ 600 480 -$100 Rm s./Bdrms . 4/2 = 4/2 = 4/2 +$100 Baths None = None = None = Bsm't./Finish None = None = None = Site (Zoning) Size 8, 125 -$250 6, 875 = 5, 778 +$100 Zone Inferior +$100 Inferior +$ 100 Superior -$100 Location Similar = Similar = Similar = Other Well Inferior +$100 Superior -$ 200 Similar = Corrals & Shed Inferior +$300 Inferior +$ 300 Similar = Sale Price $ 1 ,500 $ 3, 500 $ 2 , 000 Total Adjustments $ + 450 $ + 200 $ + 700 Indicated for Subject $ 1 ,950 $ 3,700 $ 2,700 Value indicated for subject, after weighting of comparable sales $ 2 , 800 - 33 - Improvements only: $1 ,500 304 sq. ft. = $4.93 p.s.f. Land only: $1 ,300 : 6, 809 sq. ft. = $0.19 p.s.f. Total: $2,800 . 304 sq. ft. = $9.21 p.s.f. - of building area The unit land value is just below the average and median for the sales studied. The unit price can be expected to be slightly below average due to the flood potential and size limitations of the site. - 34 - ti it The unit value of improvements only at $4.93 is about average. This is reasonable due to the very plain minimum quality residence, balanced by the small size of the building. The $9 .21 per square foot represented by the total price divided by the dwelling area is slightly above average due to the small area and good condition of the residence. { As a result of this study, the value estimated by the market comparisons is estimated to be $2 , 800. Income Approach Based on the study of rental and GRMs presented in the Basic Data report, a monthly rent of $60 and a GRM of 40 are chosen as appropriate for this pro- perty. $60 x 40 = $2 , 400 Value As An Industrial Site The total value reported as $2 , 800 represents a unit value of $0.41 per square foot if the total value were all for land. This is slightly above the average and median of $0 .26 to $0 .27 presented by the six "lettered" land sales but is quite realistic in the industrial land market. The site suffers flood potential. Most of this site is within the "flood valley" district of the City of Greeley zoning ordinance regulations . The land as an industrial site has fair frontage but poor depth and low elevation. Therefore, the total value reported by the comparison approach, as an improved site, results in a slightly g Y high but realistic value as an unimproved industrial site. Correlation It has been previously pointed out in the Basic Data report that a Cost Approach is of little value due to the high degree of accrued depreciation which exists in the partially completed and patchy improvements involved with this property. The Income Approach is a weak indicator although several of the sale properties are rented and they provide a basis for reasonable estimates of the GRM and rent. The Market Approach is the most reliable for this type property and reason- I able market data is available to lend reliance to this estimate, As a result of all of these considerations, value of the subject Mendoza ownership is estimated to be $2 ,800. - 35 - I „Act„.„ MICHAEL C. MARION �. J REAL ESTATE APPRAISER 1331 8TH AVENUE • GREELEY, COLORADO 80631 • (303) 356-1331 November 10, 1977 Miss Marianne LeClair Weld County Planning 720} - 15th Street Greeley, Colorado 80631 Dear Miss LeClair: As requested, I have reviewed my appraisal reports done for the Greeley Department of Urban Renewal as of March 15, 1976. The appraisals were of certain properties in the Burger-Fry Subdivision and are identified below. The purpose of the review was to express an opinion of the market value of the property as of November 1, 1977, i.e. approxi- mately 20 months after the original appraisal date. I have concluded that inflation has probably affected the value of the property at a rate of about 3/4% per month or just about 15% during the 20 month period. Consequently, I have applied a "multiplier factor" of 1.15 to each of the properties and rounded my conclusions to the nearest $25. 3/15/76 11/1/77 Lot Block Owner Total Value Adjusted Value 9 1 MENIOZA $ 700 $ 800 10 1 MENDOZA 1,500 1,725 11 2 MALDCNALDO 1,000 700 (Bldg. destroyed by fire) 12 2 BERRERA 1,300 1,500 A separate letter is included herewith for each of the above properties. Respectfully submitted, i- tai ace CT. 722 a .a.,, Michael C. Marion, MAI/SRPA Michael C. Marion, member American Institute of Real Estate Appraisers (M.A.I.);member Society of Real Estate Appraisers (S.R.P.A.) member Greeley Board of Realtors, Inc., Colorado& National Association of Realtors MICHAEL C. MARION prsi REAL ESTATE APPRAISER 1331 8TH AVENUE • GREELEY, COLORADO 80631 • (303) 3561331 November 10, 1977 Miss Marianne LeClair Weld County Planning 7202 - 15th Street Greeley, Colorado 80631 Dear Miss LeClair: As requested, I have reviewed my appraisal of the real property known as: Lot 9, Block 1, B[J R-FRY SUBDIVISION, Weld County, Colorado for the purpose of up-dating my report from March 15, 1976 to November 1, 1977 ( a period of 20 months ) and reflect the affect on market value by inflation computed at the rate of approximately 3/4% per nnnth or 15% upwards for the 20 month period. The owner (s) of the above described real property is/are: MQVDOTA, CONCEPCION Based on the review, I have formed the opinion that as of November 1, 1977, the real property had a market value of: EIGHT HUNDRED and NO/100 DOLLARS ($800.00) The distribution of market value is as follows: LAND $575.00 IMPROVEMENTS $225.00 1V1AL $800.00 You are referred to the original report for other data relative to the locational and physical characteristics of the property. Respectfully submitted, 7A14444-46 C'°. Ma-24n Michael C. Marion, MAI/SRPA Michael C. Marion, member American Institute of Real Estate Appraisers (M.A.I.);member Society of Real Estate Appraisers (S.R.P.A.) member Greeley Board of Realtors, Inc., Colorado& National Association of Realtors MICHAEL C. MARION REAL ESTATE APPRAISER 1331 8TH AVENUE • GREELEY,COLORADO 80631 • (303) 356-1331 November 10, 1977 Miss Marianne LeClair Weld County Planning 720k - 15th Street Greeley, Colorado 80631 Dear Miss LeClair: As requested, I have reviewed my appraisal of the real property known as: Lot 10, Block 1, BURGER-FRY SUBDIVISION, Weld County, Colorado for the purpose of up-dating my report from March 15, 1976 to November 1, 1977 ( a period of 20 months ) and reflect the affect on market value by inflation computed at the rate of approximately 3/4% per month or 15% upwards for the 20 month period. The owner (s) of the above described real property is/are: MENDOZA, CaNCEPCION Based on the review, I have formed the opinion that as of November 1, 1977, the real property had a market value of: ONE THOUSAND SEVEN HUNDRED TWENTY FIVE and NO/100 DOLLARS ($1,725.00) The distribution of market value is as follows: LAND $525.00 IMPROVEMENTS $1,200.00 TOTAL $1,725.00 You are referred to the original report for other data relative to the locational and physical characteristics of the property. Respectfully _� submitted, ✓rnte aseC7724A-e-0-01 Michael C. Marion, MAI/SRPA Michael C. Marion, member American Institute of Real Estate Appraisers (M.A.I.);member Society of Real Estate Appraisers (S.R.P.A.) member Greeley Board of Realtors, Inc.. Colorado& National Association of Realtors • CM.a.I MICHAEL C. MARION �. REAL ESTATE APPRAISER 1331 8TH AVENUE • GREEL EY, COLORADO 80631 • (303) 356-1331 November 10, 1977 Miss Marianne LeClair Weld County Planning 7201 - 15th Street Greeley, Colorado 80631 Dear Miss LeClair: As requested, I have reviewed my appraisal of the real property known as: Lot 11, Block 2, BURGER-FRY SUBDIVISION, Weld County, Colorado for the purpose of up-dating my report from March 15, 1976 to November 1, 1977 ( a period of 20 nnnths ) and reflect the affect on market value by inflation computed at the rate of approximately 3/4% per month or 15% upwards for the 20 month period. The owner (s) of the above described real property is/are: MALDONALDO, JOE Based on the review, I have formed the opinion that as of November 1, 1977, the real property had a market value of: SEVEN HUNDRED and No/100 DOLLARS ($700.00) The distribution of market value is as follows: LAND $700.00 IMPROVEMENTS (Destroyed by Fire) IUTAL $700.00 You are referred to the original report for other data relative to the locational and physical characteristics of the property. Respectfully submitted, 7'n-ethate C. .777&4.e-eyf Michael C. Marion, MAI/SRPA Michael C. Marion, member American Institute of Real Estate Appraisers (M.A.l.);member Society of Real Estate Appraisers (S.R.P.A.) member Greeley Board of Realtors, Inc., Colorado& National Association of Realtors MAI • MICHAEL C. MARION REAL ESTATE APPRAISER 1331 8TH AVENUE • GREEL.EY, COLORADO 80631 • (303) 356-1331 November 10, 1977 Miss Marianne LeClair Weld County Planning 7202 - 15th Street Greeley, Colorado 80631 Dear Miss LeClair: As requested, I have reviewed my appraisal of the real property known as: Lot 12, Block 2, BURGER-FRY SUBDIVISIW, Weld County, Colorado for the purpose of up-dating my report from March 15, 1976 to November 1, 1977 ( a period of 20 months ) and reflect the affect on market value by inflation computed at the rate of approximately 3/4% per month or 15% upwards for the 20 month period. The owner (s) of the above described real property is/are: BAI?RERA, ARRON C. & AGAPITO, JR. Based on the review, I have famed the opinion that as of November 1, 1977, the real property had a market value of: ONE THOUSAND FIVE HUNDRED and NO/100 DOLLARS ($1,500.00) The distribution of market value is as follows: LAND $525.00 IMPROVEMENTS $975.00 IUTAL $1,500.00 You are referred to the original report for other data relative to the locational and physical characteristics of the property. Respectfully submitted, -227lGA ne �' 7rl,22Gp-s1 Michael C. Marion, MAI/SRPA Michael C. Marion, member American Institute of Real Estate Appraisers (M.A.I.);member Society of Real Estate Appraisers (S.R.P.A.) member Greeley Board of Realtors, Inc., Colorado& National Association of Realtors f t DEPARTMENT OF ENGINEERING PHONE 13031 356-4000 EXT. 421 P.O. BOX 758 WI I D O GREELEY, COLORADO 80631 COLORADO December 1 , 1977 Mr. Gary Fortner Director Weld County Planning Department P. O. Box 758 Greeley, Colorado 80631 Dear Gary : Re : Barrera, Maldonado and Mendoza Parcels Burger-Fry Subdivision As requested, I have reviewed the updated appraisals , of the above mentioned property , which were conducted by Mr. Michael C. Marion and Mr. Robert J. Mitchell . After reviewing the updated appraisals and the original Fair Market Values set December 9, 1976, as submitted to me , my conclusion is that an appreciated rate of 3/4% per month-compounded, would reflect today ' s value . The updating applied results in the following values rounded to even dollars. Owners 12-9-76 12-1-77 Fair Market Value Value Mendoza $2 , 800. $3 , 060 . Maldonado $ 750. $ 820. Barrera $2, 000. $2 , 190 I hereby certify that I have no present or prospective interest in the properties appraised, that my employment is not contingent upon the amount of value reported, and that the statements made and the information in this report are true to the best of my knowledge and belief . Respectfully submitted, Gilman E. Olson mm February 16, 1978 Marianne LeClair, Consultant Weld County Planning Department Centennial Center Greeley, CO 80631 Dear Ms. LeClair: This letter is to state that I understand that I have 90 days from the above date to vacate my property in the Burger and Fry Subdivision, legally described as Lots 9 and 10 , Block One. It is my understanding that I have 90 days in which to move my personal and real property from the sites and that I will not hold the County of Weld responsible for any injuries incurred by myself or my representatives during the removal of my property. Sincerely, / 7(/LC 'G!- Concepcion endoza LOON Recorded at. cA• ---1607o'clock 2' 3 Cr- M oexRa 685 Reception N. .ANN ,^'^Ftt -Recorder, { ;Knout Mil in: en by filter f rezetits,/ That I, FRANK BERMUDEZ whose address is 1846 East 69th Street, Los Angeles, County of Los Angeles and State of California for the C- ! consideration of n I`•- ---other valuable consideration and Ten and No/106-- - Dollars, c.t t- CONCEPCION MENDOZA 1= in hand paid, hereby sell(s) and convey(s) to .o O2I whose address is T,� County of ku°r-L and the State of (cL ^r.0 c4 the T-I following real property in the County of Weld and State of Colorado, .-i c, to-wit: LOT NINE (9), in BLOCK ONE (1 ), of Burger and Fry's ' Subdivision of part of Lot Four (4) of the Southeast Quarter of the Northeast Quarter (SEINE4 ) of Section Five (5), L3 Township Five (5 ) North of Range Sixty-five (65) West of '-'- the Sixth (6th) P. M, , according to the subdivision of lands by the Union Colony of Colorado; v 1972 taxes, which with all its appurtenances and warrant(s) the title to the same, subject to second party agrees to pay in full. z , >-c. i Q a 0 Li; Signed/ this 5th day of February , A. D lg 73 cO x,. Irrntix l Fj 1: T I , h not le his .rrfp. In the Presence of �. El u N 0. L > a ;f :Jc.`pl'7�' C Q ' . Frank Ber mude2 E ` � 3,74(e,4-z S F j CALIFORNIA — TE OF GS8I361HADOc l ss. The foregoing instrument was acknowledged before me this County of Wei& Los Angeles day of February , lg 73 , by Frank Bermudez. Witness My Hand and Official Seal. My Commission Expires Notary Public Mailing Address for i.'d A q— t 5 & s+- Future Tax Notices Crni-c4 L21. WARRANTY DEED—STATUTORY FORM. FOR PHOTOGRAPHIC RECORD.-THE C. E. HOECKEL CO., DENVER. COLO. 200125 vx \^y N N gi o tar EN. o Y ,u V W lb CV �. Q �(�/ .N U O .1 �� /. 17-1 F Ci W 1 iay y O M {\\•�. SVOR: a 1 on_ O 40 rt— Y {� J el C F O -0 Q q 14 Ca 8 a w c .., o cg g c' I t, „ z a w o a : "il w m44 CrI4 k rcij 'O O A • O• ry d V b 00.0 Recorded a /o'clock ;1. M. DEC 11969 "" " ao0K 618 Reception No. 1540333 ANN SPOMER , Recorder. 1 / KNOW ALL MEN BY THESE PRESENTS, That JOHN BERMUDEZ I of the County of Weld and State of Colorado, G^- for the consideration of other valuable considerations and ten Dollars, ti� in hand paid, hereby sell and convey to C0NCEPCION MENDOZA tri of the County of Weld t'1 , and State of Colorado, r�S the following real property, situate in the County of Weld � and State of Colorado, to-wit: Ml .-tiLot Ten (10) in Block One (1) in Burger and Fry's Subdivision in2xfiga:xSictrcuixart akisy D- 0 C, ON MD C, ..,J ra H 'J A. with all its appurtenances, and warrant the title to the same, subject to 1969 taxes payable in 1970, and existing rights of way and rights of way of record. Signed and delivered this 20th day of August A. D. 19 69 , In the presence of 1O —P-7-- /�D nZar2,-.2. 4 (SEAL) (SEAL) (SEAL) STATE OF COLORADO, ) COUNTY OF WELD. )ss . The foregoing instrument was acknowledged before me this 20th day of August 19 69 , by John Bermudez WITNESS my hand and official seal. M'Y. Eonan,Ssion expires January 7, 1973. SIG/ It1` 0 :111 y• `• it ( Notary Public. C;14.eIf 1{y ta, ur rson or persons herein insert name or names; if by persons actingqitt.repr�a' It ve or official capacity or as attorney-in-fact, then insert name of personas e , attorney-in fact or other capacity or description; if by officer of corporationq k ' insert name of such office or officers, as the president or other officers of suc rporation, naming it. -- STATUTORY ACKNOWLEDGMENT, SESSION 1927. WARRANTY DEED -- Statutory Form . 0 . o - n1 _ r • ' 76' Lam, / ' �J ___,,, . . .„......___ 4,,,,:„... ,,, , „Jr) ,, , (.n \ 4 _ Has 0 N ll '. 1 N '�' u 0 • m C w C .q. b ^ P r INLI 10W o� 0 x � N Cl) c1 ; O 41 N 0 x " �/ M O y Q �. I CC O x t 1-C"‘ S1 ., f:CD H RJ IN O w N I a � Q tU� O U Ot it ni O N ci cy (� Cepg N 7 oi z N m W0 N -a Cd "0 ti H O ..0 w m ti H �+ m • vDk y S I U) 3 t 03 m a W IN THE COUNTY CO T IN AND FOR THE CITY AND UNTY OF DENVER AND STATE OF COLORADO " i ,,/Iee>��tv TRANSCRIPT OF JUDGMENT jni kil Civil Action No. Plaintiff, ID1doe 441 , .,, fieditce, if P. )1151 Defendant, d J gment Debtor _ Ju ment Creditor • e 7 //7,42,c,447 //aisg47 Judgment Date Amount Costs to Date Satisfaction of Judgment D 0 / T 7r� v° gil asp k i n for New Trial Appe or Writs of Error Judg f Appellate Court I certify the foregoing to be a true and correct transcript of the original entries in the Judg- ment Docket of said Court, as the same remain of record in my office. I KENNETH L. GOODMAN By IY�j 62 Clerk of the Denver County Court Deputy Clerk Date [.L-- a_ _, 197 ! Form 280 (Rev,12/76) C/C cc 0 i (V��'d� W ^O Z 1 CeJ w a I Q w o a • o = liml a Y 2 z -4 o Jw U n I w ' Vcr o W N Z O c 3 f" I.^ O . c-,\ J W • U .. W O Z J LL LL O w F 0 I I I I O O z n N F. • U Wca co fli o CO N co 0 L Z . a 00 a E > a 33 Y ¢ E N 3 N N O 1 i j �4 V' N C O J C 0 • C VI.- O U U 0 • w M O O o C* CT r— H 0 C �\ 0 4\ co N ++ ¢ - U - J CU > C E 00 cl cu n5 0 N a ZO c . a co i ¢ Z I u. +� 4.1 4-' 0 3 > 'N O < ro g C ILL N C •T J'— td 0 .. _i ZN U .-• d N• 3 �L � r-.,,r^ W i ¢ Z LO d 0¢ m y • • K` 1 ,, = O W M a u i- E a 65 {• p �' j+ Q C ¢ O O O CC z _ ..I C w C a o O U O m 0 F. Z w OZ ¢ r:.• ,,.. < O 2 D a Z W ] w n 1-(.l • _ \ I J Q V G r cr F 0 0 0 O c U C a \ j 11 LI • H C C ' ^J Z W O I �„' =' J U CL L * �.. V n m 1111 * f �` C Ka- rO- F 0. I * Z �` 0 Cr M O z O O + F D o M y V O f uj Y O FM W x w 1 o m >'' w U O N 0 N O ¢ N . O Z i -0 W N N O _;C'', 1 C I-_J > 00 Q •N ^ Z • al LL . +J L. T a > 1- f W 0 ¢ K L7 w £ O Z O Z V U J p w Z ¢ m N S h _ u I w O v m co CC 0 0 w w (- E 0 IN THE COUNTY COURT IN AND FOR THE CITY AND COUNTY OF DEN144 R STATE OF COLORADO BLED IN COUNTY COURT u Civil Action No . Y-38371 CITY & COUNTY OF DENVER,COLO. NATIONAL ACCOUNT SYSTEMS, INC. , JAN 3 1`I' '' gaol A. Naate Plaintiff, p, CLERK OF COURT gMOTION UNDER mDe v s . a+ RULE 369 ( d) CONCEPTION MENDOZA, Defendant ..... . COMES NOW the plaintiff by its attorney and pursuant I,o C . R. C. P . No . 369 (d) moves this Court for an order requiring the above named defendant and judgment debtor to answer within ten days of date of service upon him, under penalty of perjury, the interrogatories propounded by the plaintiff, which are submitted herewith, service of said interrogatories to be made by certified mail by the Clerk of this Court or pursuant to C . R. C . P . No . 3O4, as plaintiff may choose; AND AS GROUNDS THEREFORE, plaintiff shows unto the Court that it recovered judgment against the defendant in the amount of $ 200 . 00 , plus costs, which remains unsatisfied, and that plaintiff is not advised of assets wherein the satisfaction of said judgment could be had . 4/Attor c r PlaintRff XXkXXXX X aIkX9tXX X 1200 LINCOLN ST., SUITE ir,i Denver, Colorado d0203 Xf4F4EXia%n 861 -8210 Route 2 , Box 31 Greeley (Weld) IN THE COUNTY COURT IN AND FOR THE CITY AND COUNTY OF DENVER STATE OF COLORADO CIVIL. ACTION NO. Y-38371 NATIONAL ACCOUNT SYSTEMS, INC. , ) Plaintiff, ) ) VS. ) ORDER FOR ) CONCEPTION MENDOZA, ) INTERROGATORIES ) ) Defendant . ) TO: Conception Mendoza The following Interrogatories must be answered within ten (10) days after the receipt of these Interrogatories by you pursuant to the Colorado Rules of Civil Procedure. Failure to answer all of. these questions in full within ten (10) days may cause a Citation to be issued for contempt of the Court Order contained herein. Return to County Court, 1100 Bannock, Denver ORDER At this date, upon consideration of the application of the plaintiff herein for Interrogatories to the above-named person, good cause appearing and no adverse interest being represented, it is ORDERED, that the above-named person shall answer fully and completely all of the Interrogatories and that same be signed and filed with this Court within ten (10) days of the receipt of these Interrogatories by you; and let service of this Order and the Interrogatories propounded be made by serving a copy hereof to the person above named to whom the Interrogatories are directed. DONE IN Open Court this .--f day of ; , 1923. BY THE COURT /82011-itt-Atit..1 JUDGF STATE OF COLORADO COUNTY OF ) ss. I hereby certify that I have duly served a copy of the within Order with Interrogatories attached together with a stamped, self addressed envelope this day of , 19 , by* STATE OF COLORADO COUNTY OF ) ss. Fang sworn, says: that afiant i over thetagehe aofiant, eighteen years and is not a party to this action; and that affiant has duly served the within Order with Interrogatories by* Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC My commission expires : * State date, place and manner of service • EXPENSE OF SERVICE Fees S Mileage $ Total $ H din g erN wO " U ° O W F W O F, a I Q Z O O O �' u z O Z o ^/�� U g -..l Z J D. v N O 0 N .r \li \`y 1 u . T. v o _d y 4 v. a .] u il NI yti 6 V D HE CITY AND OF DENVER AND STATE OF IN THE CI COURT IN O • 1 FOR 100 BANNOCK STREET COUNTY oY DENVER COLORADO 80204 COLORADO CIVIL DIVISION COMPLAINT UNDER SIMPLIFIED CIVIL PROCEDURE ($1.00 Filing Fee) ] No. Y— - -I-7) f NATIONAL ACCOUNT SYSTEMS w ..URt FL s18 ,. MP 4. INC .ti_ 1,1 C ,,iiii? ( ll':''.l, nil _- ---- Plaintiff, '.' ; MTh 1, I J.'� vs. �:11e 4 ?Mane MENDOZA— -- CLE C7 c.^.:IeT Defendant. State of Colorado ss. City and County of Denver County with post lien— — 1. That the Defendant(s) is/are resident(s) of office address of . ?$4x--�L State of d Route Strout, City of --_�r�-e-Ley--- - - County with post office address of Colorado State of Colorado — ' Street, City of _._. 2. That the amount claimed herein does not exceed Five Hundred Dollars ($500). 3. That the amount claimed from the Defendant(s) is Two Hundred_F-iffy_._ Dollars and -. _____ cents ($ _2SD.JIIl-__ _ ) Including proper interest, any other no items allocable by statute or specific agreement, plus costs. INTEREST AST 4. That such claim arises from the fopRINCIPAL or transaction: (ASSIGNED CLAIMS AS FOLLOWS:) AL ACCOUNT DATE University of Colorado Medical Center , for services rendered on open account in Denver County. $250 $250 . 00 6/19/72 $250 . 00 Court costs 11.00 TOTAL $261 .00 of this military status is 5. That the defendant is/is not in the military service of the United States and in support of pursuits . Defend plaintiff ctivel the enga ed9infacts: criliantp r concerning uits . defendant.dan . it is . defendant. If the military states of ef�ndant is not known, so state here.)ly below — an cost of 6. be pa dlto the al tosuchedemandaIse made. diateNATIONAL ACCOUNT I $25.00 SYSTEMS, INC . , ' Subscribed and sworn to before me this , _ tt --�'LCf --- Plaintiff's Si-- gnature 18th day of February_ , A.D. 19_73• 612 W hington Street Denver , Colorado 80203 -- ---- -- Plaintiff's Address 831-7800 S. L. NICKOLAS --�- Attorney for Plaintiff --- — JAMES W. BEARD 1200 Lincoln, Suite 707 Clerk of the Civil Division Denver Colorado 60203 ___.-------Address DENVER COUNTY COURT 861-8210 7' -_ - _ Telephone No. By _____11.—±_ 4- Deputy(or Notary Public) C N/ 1911 1964 Sess.Laws, CL.45, Art.4. pp.422-423 Form DCC-CIAV Poft Tll+tw t ey-'l e' 14001 11, 754 Rt . 2 Box 31 , Greeley VALID ONLY IN THE DENVER COUNTY COURT IN THE1COUNTY COURT IN AND FOR THE CITY AND COUNTY OF-DENVER AND STATE OF COefSRADO= y1 CIVIL DIVISION • 1100 E3ANNCCh STREET • DE"NVER COLORADO.80204 Civil Action No. Y— � X`17 J SUMMONS TO ANSWER COURT FILING STAMP NATIONAL ACCOUNT SYSTEMS, INC. , r qtot C; �{ I[ Y 'I��l'J ♦ f.'tie Plaintiff(s), vs "q•"' i1 V.,-4Stit,dlGWignaltoWitire (QZA' RECEIVED Cilia! fl, .14 sine FEB 22 1974 Defendant(s). CIF': CT neseT AM 71%10111112I11213 P' The beppfe b 'tM1 Spate of Colorado to the Defendant(s) above named: You are hereby notified that you are summoned to appear before 8:30 A.M. March 14 197 4 in the Denver County Court Civil Division, located at 1100 Bannock Street, Denver, Colorado. You have until the date and time shown above to pay Defendant(s) $6.00 docket fee and file your written answer to show why judgment should not be entered against you on the complaint of the Plaintiff(s) as filed in this action. A true copy of the complaint of the Plaintiff(s) and a copy of the answer form are attached with this service. Your failure to appear or file a written answer may result in the entry of DEFAULT JUDG- MENT against you. Your failure to assert in a written answer a counterclaim or set off which you now have against the Plaintiff(s) may result in such counterclaim or set off being permanently barred. You may answer denying all or part of the claim. You may answer asserting any counterclaim or set- off. Upon filing such an answh:, a date and time for a trial of your case will be set. Dated at Denver, Colorado, February 22 , 197 4 WARNING: If this summons does not contain the docket number of the civil action, then the complaint may not (Seal) now he on file with the clerk of the court. The core- plait rite be filed within ten drys alter the summons is smvod, at the .fiction miry be dismissed without boor upon your rt racer proper le the fyrnotibe boor the court concerning this civil action may not be available until ten days after the summons is served. S. L. NICKOLAS Attor ey for Plaintif s) �tlu E;ir Clerk of JAMESW. BEARD 1200 ncoln, 1te 707 80203 . 861-8210 4.91ODenver Cotantythe l lston Courtt. Denver, Colorado sly. Address and Telephone of Attorney 612 Washington Denver, Colorado 80203 , 831-7800 By Deputy Clerk Address and Telephone of Plaintiff (Seal) (1964 Sess.Laws, Ch.45, Art.4, pp.442-425. R.C.P., Ch.4) Form 202 (Rev.3/71)C/C State of Colorado County of Weld ss. I do hereby certify that I have duly served the within summons, together with a copy of the complaint in the within entitled action, by delivering in said County and State, a copy of said summons, together with a copy of said complaint and answer thereto attached, to the following named defendant_, personally, on the date and at the place set opposite the name of such defendant: - Names of Defendants Served Place of Service Date of Service Conception Mendoza by handing; to and Rt. 2 'lox 31 _l_9ayjn uith B Rn sr the_ae of 18 ar"Grealt�r QnlrL �eh�1H 25,19.ti a member of his ftam;ly over the_age of 18 at HA P Y1 State of_Co3 orado ) riff County of Weld t ss. Deputy , the affiant, being sworn, says: that affiant is over the age of eighteen years and is not a party to this action; and that affiant has duly served the within summons by: (State date, time, place and manner of service.) Subscribed and sworn to before me this day of 197_. My commission expires (Seal) Notary Public EXPENSE OF SERVICE Fees $ 2. 00 Mileage $ Total $ 7 00 (1964 Sess.Laws,Ch.45,Art.4,pp.442 425. F.C.P„Ch.4) I I I II IL.a I-N i it' F 0 W I- 2 I I- Y • • • I• O O O O i Y. 6 CI N W I Onon F N W Z >. F i I3Occ I u :� I a c.,` a 8 U a o s u W A re o prid a ° o O a 3 a ; ar c L w o v o D4 0 W Q g =ix 0 a, _ t -I o "� C u U S F m i> �'J} 4. a ..'1. L m z to +,m+ i.:4 t l -c, V R 4 1Ce al O W...,.5 4,� .5` \'' t. a? =to ; O P. a„? sc b v , a y.. ..� . 4-) F. N O f u) .. W H 2 o o m W o O i I. c -%tO I W a W C0• ON O m 1 CV Id ,- q N Transamerica Title Insurance Company CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. 4,1 ,o. _ e No _ 0 0 9\ . \ . g\ . a\\ . • r on \ . \\ . i\\ . /\ . g\\ . i\ . \; . 1 § S y - - z - >- • 20E- w �& / o co.o k � : � � � �!� ;2� _ _ CC : - 2 I - �. >4 S C ■ § c O. >. i- co 2 » E ® k \ O ° ■ e 1. § - @ ® ) o c 0 CO � » � a ■ C _ I-1Ey F — / � _ _C C 2 ! _ _ q § Q \ : S. - _ - _ ti 0 & \ . ) \/ . I\/ . $\( . \\/ , 0\} . �\\ \ . \/) . \ /\ E u ■ 0® ' | }% 2 \ : d w « Eta ' °- - 49 § § ; K ; / �) � � � ! \` / ' ; 3 « f / � to� ; � ! go,. &a • • • AMOUNT PREMIUM , r Weld County Planning Department OWNER $ 7,800_ 00 _$--7-5,0g___ 7201 15th St. MORTGAGE $ —$ Greeley, CO 80631 • ADDITIONAL CHARGES ATTN: Marianne LeClair COST OF TAX CERTIFICATE $_11? 00 SURVEY COSTS TOTALS $_8 _ 0 0—_._. Your Reference _ CC's To: No. 8001333 C Sheet 1 of 4 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions shown on the inside of the cover. Customer Contact: Margaret/ma By Margaret A. Ament- Phone:_352-2283 AUTHORIZED SIGNATURE The effective date of this commitment is November 1 _, 1911 at.8y00 A.M. • At which time fee title was vested in: CONCEPCION MENDOZA SCHEDULE A 1. Policies to be issued: (A) Owners': WELD COUNTY, a body Corporate and Politic of the State of Colorado (B) Mortgagee's: : • • Farm No.C-I 1'J.1 1Ler. 8001333 Sheet 2 of 4 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: Lots 9 and 10, Block 1, BURGER AND FRY'S SUBDIVISION, a subdivision of Weld County • Form No.C-142.2 8001333 ' Sheet 3 of 4 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Certificate of satisfaction issued by the Clerk of the Court, of judgment in favor of National Account Systems, Inc. against Conception, in the amount of $250 . 00 plus inte est and court costs, entered on March 14 , 1977 in Civil Action No. 38371, County Court, City and County of Denver, transcript of which was recorded April 1, 1974 in Book 711 as Reception No. 1633116. B. Deed from Concepcion Mendoza to Weld County, a body Corporate and Politic of the State of Colorado. Li , ? /5:7711-5 LAT-Dce /ti - /VA-'67/Artir qv ( GJ) cer l� It�c�s < t • / ' / / // er �l / r 2 bi 7C-• r�1� .� Lk; 575 -J /6/ /1w 7aa,v1 node.. Form No.C-142.3 8001333 . Sheet 4 of 4 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6. The right, privilege and authority to construct, operate and main- tain its electric transmission, ditribution and service lines whether ' said lines now or may hereafter serve said property, or other property, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices used or useful in the operation of said line, as granted to Home Light and Power Company, by instruments recorded May 6, 1952 in Book 1330 at Pages 215 and 216. Form No.C-142.4 Rev.4-18-76 ff Lip -vn ry7��.a re�r^„p �yNgA Tran;arnerica .7 6uac.oi�".i' 'd 3 Title Insurance Company Title Insurance Services f1 Weld County Planning Department 7202 15th St. Typed: November 8 , 1977 Greeley, Co 80631 ATTN: Marianne Le Clair L J We are pleased to hove the opportunity to be of service. Enclosed is Commitment No: 8001333 Pvrrn No.721 Transamerica Title Insurance Company CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. 2• A to o q\ i it\ /\ ,\\ \\ d .\) \) \\§ \\ b\ // a . -mg_ _ ,� . _ _ ,„ E 8 / ^a � © « 2. • // ` 6 w - \7 ' #/ CD c &R _ — - w « - — , CO «!. _ > - )il �r § k u 3` ° - I _ `� >6 CD c ew C 0. I— a C } 03 E k . 0 O ■ k 4. • § � d J f ) co c Ew a ( r e § _ Itim I- E I- - / c _ 9 cll C 2 ! = _ as ! 2 | \ @ o _ : oe0 ; ' i « \; . :O k \( - 21111 . #oe | - aa 110 . . a» ! ea# ' 2 !Es 0 Es O - ! • E . 110 . tU. 41 r:40 a Iga ° CO ca C ' ; § ; . a \` z . ` \\° ; _ / / ° z - \ b /. g . . AMOUNT PREMIUM Weld County Planning Department 7201 15th St. MORTGAGE $ OWNER $ 2, 800 _00 $ 75. 00— Greeley, CO 80631 $ • ADDITIONAL CHARGES ATTN: Marianne LeClair $ — COST OF TAX CERTIFICATE $ 1 0 00 SURVEY COSTS $ TOTALS $ 85 00 Your Reference CC's To: No._8001333 C Sheet 1 of 4 COMIIIITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions shown on the inside of the cover. Customer Contact: Margaret/ma By Madaret_g._ Anent Phone: 352-2283 AUTHORIZED SIGNATURE The effective date of this commitment is November 1 , 19ZZat 8 : R9__A.,M. At which time fee title was vested in: CONCEPCION MENDOZA SCHEDULE A 1. Policies to be issued: (A) Owners': WELD COUNTY, a body Corporate and Politic of the State of Colorado (B) Mortgagee's: Fenn No.C-11?.1 Rev.7-1-76 8001333 Sheet 2 of 4 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: Lots 9 and 10, Block 1, BURGER AND FRY'S SUBDIVISION, a subdivision of Weld County • Form No.C-112 • 8001333 Sheet 3 of 4 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk- and recorder of the county in which said property is located. �` f,SI A. Certificate of satisfaction issued by the Clerk of the Court, of 5P judgment in favor of National Account Systems, Inc. against Conception, in the amount of $250. 00 plus interest and court costs, entered on March 14 , 197* in Civil Action No. N-38371, County Court , City and County of Denver, transcript of which was recorded April 1, 1974 in Book 711 as Reception No. 1633116. B. Deed from Concepcion Mendoza to Weld County, a body Corporate and Politic of the State of Colorado. • Form No.C-142.3 8001333 Sheet 4 of 4 • SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6. The right, privilege and authority to construct, operate and main- tain its electric transmission, ditribution and service lines whether said lines now or may hereafter serve said property, or other property, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices used or useful in the operation of said line, as granted to Home Light and Power Company, by instruments recorded May 6, 1952 in Book 1330 at Pages 215 and 216 . Form No.C-142.4 Rev.4-18-75 Transamerica Title Insurance Company CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. CD Cuto \ / ![� ; o 1 1 !®- _- •- U e41k . _ WON _ _ ,ii[ xen �!!; T. ` © / ' ' a _ •an° J KOCo g. ' .Q a) C % c3 co § C O. I— a c » E • k 0 •co o E § § = m ®CO § J § 0 § � � % Cr ■ @ P I 1— co — � E _ 9 .2 . r - - CO / u- \ awn a ti)Tv—` -01 0 to \° ! § /\ k \E k !i § \; ) /e } .\! CD • !\ - / \ \ \} . a\/ . !!\ ' $}\ ' !/) ' !®/ . % CD\ § C ■ #® ' 2 . = g = d , $ _ ® !y !» � CO ; • % %` ; / | \` z � ` \\° � /` ' ; no C0 { / I. z ! ! ° bg AMOUNT PREMIUM r Weld County Planning Department OWNER $ 2, 800 0A $ 75. 00 7201 15th St. MORTGAGE $ $ Greeley, CO 80631 ADDITIONAL CHARGES $_ ATTN: Marianne LeClair COST OF TAX CERTIFICATE $ 10 00 L J SURVEY COSTS $ - TOTALS $ 85 00 Your Reference CC's To: No. 8001333 C Sheet 1 of—4 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions shown on the inside of the cover. Customer Contact: MargarPt/ma By _ Ma caret A Ameni- Phone: 352-2283 AUTHORIZED SIGNATURE The effective date of this commitment is November 1 _, 1977 atR_:D0 A M. At which time fee title was vested in: CONCEPCION MENDOZA - SCHEDULE A 1. Policies to be issued: (A) Owners': WELD COUNTY, a body Corporate and Politic of the State of Colorado (B) Mortgagee's: Form N.).C-144.1 Rev.7-1-76 8001333 Sheet 2 of 4 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: Lots 9 and 10, Block 1, BURGER AND FRY'S SUBDIVISION, a subdivision of Weld County Form No.C-142.2 8001333 Sheet 3 of 4 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Certificate of satisfaction issued by the Clerk of the Court, of judgment in favor of National Account Systems, Inc. against Conception, in the amou f $250 . 00 plus interest and court costs, entered on March 14 , 1 in Civil Action No. N-38371, County Court, Ci ^ nd County of Den transcript of which was recorded April 1, 19, 4/in Book 711 as Reception No. 1633116. B. Deed from Concepcion Mendoza to Weld County, a body Corporate and Politic of the State of Colorado. curin, 7,,, ‘-72.Litt e —S,L, M&,,6 . t-f�/'6 (((jj /0.__A-0 ht,"/CO4-4.) )4°70.7 7/ eC — ,)-- Ci ' Form No.C-142.3 8001333 • Sheet 4 of 4 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6. The right, privilege and authority to construct, operate and main- tain its electric transmission, ditribution and service lines whether ' said lines now or may hereafter serve said property, or other property, • with all poles, cross arms, cables, wires, guys, supports, fixtures and devices used or useful in the operation of said line, as granted to Home Light and Power Company, by instruments recorded May 6, 1952 in Book 1330 at Pages 215 and 216 . __ _ _ - _ Form No.C-142.4 Rev.4-18-75 •._,, ,, ,a .n,Ls_.-„_,,7) t„-,-‘ ^-CA TF, OF TAXES DUE T-1671 Title Co. Transamerica Tit_ Order No. 81001,333 Date 11/7/77 Seller Mendoza, Concepcion Lender None Buyer Weld Co. , A Body Corporate & Property Address None Politic oUColorado Schedule No. 33991 Person Ordering Weld Co. Planning Dept. r STATE OF COLORADO, 1 Certificate of Taxes Due and Unredeemed Z Countylly SS. County of weld Tax Sales MI, the undersigned, do hereby certify that the entire amount of taxes and assessments due upon the parcels of real estate Odescribed below, and all sales of the same for unpaid taxes or assessments shown by the books in my office,from which the Usame may still be redeemed, with the amount required for redemption, are as noted herein: DESCRIPTION OF l'ItACT OR LOT s ` °r T,.p-Range ip I'ONN(lB(.1I leh for Amount Iof nterest Due AMOUNT TO Bl k. which!:ales and Interest REDEEM L101 are clue J Burger & Pry Greeley 1976 96.16 W - --_ Interest thru Nov. 14 , 1977 3.75 -Advertising— --2. 50 - f PN 62096105401009 Dated November8, 19 77 �' 4., �� Treasurer of Weld unty, Col ado t CUSTOMER S COPY ASE A:) 4.)A _ A i A t).. ,t:, L._r. -:CM E DE .1 AXES DUE T-1670 .tile Co. Transamerica Tit j Order No. 8;001+333 Date_ 11/7/77 Seller Mendoza, Concepcion Lender None Buyer Weld County, a Body CorporateProperty Address NoIle & Politic of Colorado Schedule No. 33989 Person Ordering Weld Co. Planning Dept. l'' STATE OF COLORADO, 1 Certificate of Taxes Due and Unredeemed Z County of Weld ss. Tax Sales DI, the undersigned, do hereby certify that the entire amount of taxes and assessments due upon the parcels of real estate Odescribed below, and all sales of the same hr unpaid taxes or assessments shown by the books in my office,from which the CJsame may still be redeemed, with the amount required for redemption, are as noted herein: Se., „r Year for Amount of Tax AMOUNT TO DESCRIPTION OF TRACT OR I OT Rik Tp.n Range TOWN OR CITYwhich Taxes ind'Merest Due REDEEM Cl are lue L9 1 Burger & Fry _ Greeley -- 1976 96. 16— -- W - --- Interest thru Nov. 14 , 1977 -3. 75 -Advertising -2. 50-- - PN 62096105401008 Dated November 8, , 1977-_ C-Pec-it c> Treasurer of Weld Col rtrjolarud CUSTOMER'S COPY n DEPARTMENT OF PLANNING SERVICES { 1. • ktl S PHONE (303) 356-4000 EXT. 400 915 10TH STREET /"/_"ti7• GREE LE V, COLORADO 80631 COLORADO January 17, 1978 Board of County Commissioners Weld County Centennial Center Greeley, CO 80631 To The Board of County Commissioners: The following is a statement regarding Concepcion Mendoza, who owns two lots in the Burger and Fry Subdivision, legally described as Block One, Lots 9 { and 10. At the outset of the Burger and Fry project, a survey was made of the area concerning the owners and residents of the subdivision. At that time it was determined that Mr. Mendoza was an absentee owner, meaning that he owned property in the subdivision, but did not reside there. Upon contacting Mr. Mendoza on December 9, 1977 to discuss the purchase of his property for the established fair market value, he informed me that he was building a structure on his property in Burger and Fry to live in and was stay- ing there while the home was under construction. He stated that due to our program, he ceased construction and stopped staying in the structure because he was under the impression that he would be relocated. Due to receiving this information, I explained to Mr. Mendoza that it would have to be investi- gated and a decision made as to his status. Mr. Mendoza made it very clear that he would not settle for the fair market value without relocation benefits (i.e. sufficient funds to buy a home to replace the one he was building) . After researching available information, a letter was drafterA with my findings and sent to the Department of Housing and Urban Development (Appendix A) . Mr. Eugene Gonzales of HUD responded to my request for a determination on Mr. Mendoza's occupancy by stating that it was up to the County to make this determination. The following are some applicable HUD regulations and definitions to this situation: 1. Section 5-23 - Eligibility Requirements: Actually owned and occupied the dwelling unit from which displacement took place for not less than 180 days prior to the initiation of negotiations for acquisition of the property. Board of County Commissioners Page Two January 17, 1978 2. Section 42-55 - Displacement: A person qualifies as a displaced person for purposes of establishing basic eligibility for a relocation payment under the Community Development Block Grant program if such person moves from real property or moves his personal property from real property as a result of the acquisition of such real property for an activity assisted under Title I of the Housing and Community Development Act of 1974. . .Any displacement resulting from the acquisition of real property (whether such acquisition is itself federally-assisted or not) shall be subject to the regulations in this part if such displacement occurs on or after the date of submission of an application requesting Federal financial assistance which is funded for a proposed activity in connection with which the acquisition has been under- taken. 3. Section 42-20 - Dwelling: The place of permanent or customary and usual abode of a person including a single-family dwelling, a single-family unit in a two-family, multi-family or multipurpose unit. . . Due to the above definitions and regulations and the information in Appendix A, it is our determination that Mr. Mendoza is not an occupant for the following reasons: 1. He has not occupied the structure for 180 days prior to the initiation of negotiations (which would be as of May 11, 1977) since, by his own admission, he stopped construction at the offset of the program, January of 1976 and has been unable to live in it because it is not completed. 2. Since Mr. Mendoza is not now residing there, he does not fit into the def- inition of "Displacement" as he will not be required to move due to acquistion. 3. Due to the fact that the structure was under construction during the program, it does not appear that it would fit the definition of "Dwelling" as, since it was not completed, it would not be a "place of permanent or customary and usual abode". 4. It appears from the research of the public records (Appendix A) that Mr. Mendoza's "customary and usual abode" is with relatives in the Spanish Colony. Although Mr. Mendoza appears not to be an occupant of the Burger and Fry Sub- division, the fact still remains that he will not accept the fair market value as he believes he is eligible for more compensation. Also, it is also a fact that even though he is not presently living in the structure, his intentions were to make his residence in it when it was completed and he will be unable to do this due to our acquisition of his property and the amount he is getting for fair market value will not be enough to purchase another place to live. Since HUD allows that an "agency may pay more than the established fair market value if they feel it would be more reasonable and equitable than going to { Board of County Commissioners Page Three January 17, 1978 court", it is our feeling that we should take option A(2) (Appendix B) . It appears that this action would be the most equitable and expedient for both the County and Mr. Mendoza. We would appreciate your considering the information presented in this letter and making an official determination as to your findings on this matter. Sincerely, Marianne LeClair Consultant Gary Z. Fortner Planning Department I II `'` -: DEPARTMENT OF PLANNING SERVICLI _] PHONE 1303) 356-4000 EXT. 40 915 10TH STREE O]I ! I) GREELEY, COLORADO 8067 COLORADO January 7, 1978 Mr. Eugene Gonzales { Relocation Representative Dept. of Housing & Urban Development Department of Community Development Executive Towers Building 1405 Curtis Street Denver, CO 80202 Dear Gene: As you will recall, I discussed with you the situation with the occupancy status of Concepcion Mendoza of the Burger and Fry Subdivision. The situat ion arose with my last conversation with Mr. Mendoza. The County's information throughout the entire Burger and Fry Project on Mr. Mendoza was that he was an absentee owner as there was only a partially finished structure on the lot owned by him. It is Mr. Mendoza's contention that he was building the house to live in, was staying there while he was building it and stopped construction because he was under the impression he would be relocated. In order for Mr. Mendoza to be eligible for relocation, he would have to have owned and occupied the property as of June of 1975. In trying to determine • his occupancy status, I have come up with the following information: 1. Michael Marion's appraisal of March 15, 1976 shows no occupant in the structure. 2. Robert Mitchell, our other appraiser, stated that he picked up Mr. Mendoza ve m y him Spanish to andnbedrollninhe the appraisal. Burger and Fry house. 3. I checked with voter registration for an address for Mr. Mendoza, but un- fortunately he is not registered to vote. 4. The address to which Mr. Mendoza's license plates are sent to and under which his car is registered is in the Spanish Colony. 5. The tax notice for the ,property on which the structure is located is sent to the Spanish Colony. Mr. Eugene Gonzales Page Two January 7, 1978 The County has adopted a resolution stating that they will follow the HUD Acquisition and Relocation regulations as per your recommendation. Be- cause of this, we would like to receive a policy decision from you concern- ing Mr. Mendoza's occupancy status. I would appreciate hearing from you as soon as possible as we would like to take care of Mr. Mendoza this month. i I If you need further information, please do not hesitate to contact me. Thank you for your assistance on' this request. Sincerely, • Marianne LeClair I { Consultant i1 Please send response to: .720-1/2 15th Street Greeley, CO 80631 • i � 1i 1i I , 4. j . APPENDIX B mcrwRiinourii EweTo Tom Dori to .-- -------- Dale December 30, 1977 COLORADO From Gary Fortner subjectCosts and .Alternatives in Completion of Burger-Fry Relocation and Acquisition Project I. Estimated Costs - The following figures represent the costs estimated for completing acquisition and relocation activities in the Burger-Fry Subdivision . Section II of this memorandum discusses various alternatives which may be pursued at this point in time pending the determination of certain factors. A. Mendoza Properties-Block 1 , Lots 9 and 10-Burger-Fry Subdivision 1 . Acquisition Costs Based on Fair Market Value $ 3 , 060. 00 2 . Moving Expense 500. 00 3 . Title Policy 85 . 00 4 . Recording Fees 7. 00 5. Relocation Payment 15, 000. 00 (See Section II below) Sub-Total $18 ,652. 00 B. Berrara Property-Block 2, Lot 12-Burger-Fry Subdivision 1 . Acquisition Costs Based on Fair Market Value $ 2 , 190. 00 2 . Moving Expense 10, 000. 00 (See Section II below) 3. Title Policy 80. 00 4 . Recording Fees 13 . 00 Sub-Total $12 , 283 . 00 C. Maldanado Property 1 . No Acquisition Costs (Property Alrcidy Acquired ) $ 00. 00 2. Title Policy 80. 00 3 . Recording Fees 7 . 00 • Seib-Total $ 87. 00 Total $31, 022. 00 II . Alternatives - At the present time there are various factors which may have an affect on the above cost estimates. Additional research concerning the individual properties and property owners will have to ho completed prior to making final determina- tions concerning these factors . The following summarizes the points or factors now in question , identifies possible Tom l)ori ty Page 2 December ;t0 , 1077 determinations which nay be made concerning these factors once research is complete, and suggests alternative courses of action which may be available hared on each of the final determinations . Section III will outline a recommended course of action . • A. There is now a question as to whether or not Mr . Mendoza is an owner-occupant and thus whether or not he is entitled to relocation payments . If it is determined that he is an owner-occupant , he will be entitled to relocation payments up to $11, , 000. 00. 1 . POSSIBLE DETERMINATION - Pr. Mendoza is not an owner-occupant: . -- a . Alternative Courses of Action and Anticipated Results (1 ) Re-affirm the County ' s offer to acquire the property for fair market value ($3 , 060. 00) . Total costs associated with this alternative if Mr . Mendoza accepts the offer would include : Acquinition S3 , 060. 00 Moving Expense 500. 00 Title Policy 85. 00 Recording Fees 7. 00 Total $3 , 652 . 00 Currently , it appears very unlikely that Mr. Mendoza will accept such an offer. If he does not , two other alternatives seem to be available as follows : ( 2) Proce^d to condemn the property in question • through court action . If this occurs , the court may determine that the compensation in addition to fair market value is in order . General estimates for such compensation would range from $1 , 000. 00 to 12 , 000. 00. In addition , there would he costs associated with the con- demnation proceedings . A very rough estimate at this Link , whichh could well he tow, would be $2000. 00 . ''he total cost of this alternative would thus include : Acqu i (:it ion $2 , 060. 00 Movie;': Expense''I' 500 00 — Title Policy 5. 00�� 2 , 000. 00 Record.' g n Pecs Additional Compensation Condemnation Proceedings 2, 000. 00— Total $7, 652 . 00 Tom Dori I.,y Pule 3 December 30 , 1077 (3 ) A final alternative would be to offer Mr . MendKza the amount set forth in alternative ( 2 ) , i . e. $7 , 652 . 00. This would entail the same -cost as alternative (2 ) , hut would mean • the (-quay would not have to go through nun nLio❑ proceedings if the offer were aced Led. 2 . POSSIBLE uhiTE1 fqINATIOR - The second possible determination that could be made with reference to Mr. Mendoza, is t! at Mr . Mendoza is an owner-occupant . If this is deterninated to be the case , two alternatives are available : a . Alternative Courses of Action and Anticipated Results (1) Pay rr . Mendoza for both relocation and acquisition . This would include the following cost : Acquisition $ 3 , 060. 00 Movirg Expense 500. 00 Tit1c Policy 35. 00 Recording Fees 7 . 00 Relocation Allowance 15 , 000. 00 (mnaimum) Total $18, 652 . 00 ( 2 ) Alternative 2 would be the "do nothing" alter— natito; i . e. , take no action to complete relocation of Mr. Mendoza and acquire his property. The probable result of selecting this rlternative would be to make Weld County ineli :ible for further relocation funds from the I' Tartment of Housing and Urban Development . This ould have a substantial impact on housing programs in Weld County . B. There now exists question as to whether or not Mr. Berrara would be rligible for payment of costs associated with moving a. huesi ,less now "possibly" existing on his property . If it X': re determined that a business now exists on the property , P '. Berrara would he eligible to collect up to ;10, 000. 00 it business relocation expenses . • 1 . POSSIBLE DETEIblINATIOT1 - That a business does exist on • the Berrara property and Mr. Berrara is eligible for up to $10, 000. 10 in relocation money . a. Alternativ Courses of Action and Anticipated Results . (1 ) To re °Gate the business and acquire the Berra a property . This would include the folio 'i.ng costs : Tom DorIty Page d December ;30 , 1977 Acquisition $ 2 , 190. 00 Moving Expense 10 000. 00 (maximum for business relocation ) • 'fitl , Policy 80. 00 Recording Fees 13 . 00 Total S12 , 283 . 00 (2) Alternative 2 would he the "do nothing" alter•native . This would mean that the County would not acquire the Berrara property and would be involved in no relocation activities with reference to the Berrara "business" . The alternative appears to be feasible since HUD has indicated that , since no residential stru +ture or owner-occupant is involved, it is not necessary to acquire the property to complete the program. The County would thus he able to maintain its eligibility for additional relocation funds eventhough the prolr )rty was not acquired. (3) A final alternative would be to negotiate trade) with Mr . Berrara; i . e. , give him n Pi " A • of property adjacent to 5th Street (which is • now )wned by the County ) in trade for the prop rty in question . The benefit of this alternative would be in removing the need for inte°'ior access to the property and southern portLons of the subdivision , and thus make it poss _ble to vacate the existing dedicated road. It would also consolidate the southern portions of the property under county ownership and thus make it easier to dispose of the property at a Tutu 'e date. 2 . POSSIBLE PETE'.MII4ATI0N - That the Berrara business does not exist and therefore business relocation payments are not requi . cd . a. Alternative Courses of Action and Anticipated Results . (1) To a- qui.re the Berrara property based on paviii nl. of fair market value. The costs assoei_ated with this alternative would include : Acquisition $2 , 190. 00 Title Policy 80. 00 Receding Fees 13 . 00 Moving Expense 500. 00 ~2 , 783 . 00 Tom 1)o r i t v I'agr ;i December :30, 1077 (2 ) The county could also follow the alternatives defined under Item 1 . Possible Determination , above regarding the Berrara property . III . Recommendations - The following recommendations are made con- cerning the courses or action which seem most productive in the completion of the Burger-Fry project . A. Priority 1 - Allocate sufficient funds to complete the acquisition of the Mendoza property and to provide a relocation allowance if Mr . Mendoza is determined to he an owner-occupant . Proceed immediately to determine the status of lir . Mendoza as an owner-occupant . To do this will require that funds be available in the following amounts : Acquisition $ 3 060. 00 Moving Expense 500. 00 Title Policy 85. 00 Recording Fees 7 . 00 Relocation Payment 15, 000. 00 Total ≥18 , 852 . 00 B. Priority 2 - If the owner , Mr . Mendoza, is determined not to be an owner-occupant , have the Board of County Commissioners decide on a course of action based on the alternatives and results defined in II .A . 1 . a. ( 1 )-(3 ) . C. Priority 3 - Proceed with actions on the Berrara property only to the exten' that funds remain from those set aside for acquisition aid relocation associated with the Mendoza property . D. Pay final fees associated with the acquisition of the Maldanado property (;87. 00) . IV. Total. Funds - Pollowir:; the recommendations set forth in Section III would require setting aside funds in the amount: of : Mendoza :$113 , 653 . 00 Ma l danadc 87. 00 Total $18 , 730. 00 The determination of the amount of this total finally utilized would depend on the determinations made in researching those factors enumerated in Section II . P1Mexr OF II' DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT * J *c REGIONAL OFFICE xh• 111111 1 EXECUTIVE TOWER - 1405 CURTIS STREET DENVER, COLORADO 80202 January 19, 1978 REGION VIII IN REPLY REFER TO: 8DS Ms. Marianne LeClair Consultant 720-z 15th Street Greeley, Colorado 80631 Dear Ms. LeClair: This is in response to your request of January 7, 1978, for a determination by this office on Mr. Concepcion Mendoza's eligibility for a "Replacement Housing Payment for Homeowners" authorized under Section 203 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) . Mr. Mendoza claims to have been displaced from his dwelling, located in the Burger-Fry Subdivision, as the result of acquisition by Weld County in their continued effort to complete the land clearance activity assisted with the county's Community Development Block Grant (CDBG) Program (B-75-DN-08-0010) . The issue in dispute involves the question of whether Mr. Mendoza meets the occupancy requirement imposed by Section 203(a)(1) of the Uniform Act. As Mr. Eugene Gonzales of this office discussed with you and Mr. Thom Rounds, Associate Planner for Weld County on January 12, 1978, there is a question on whether the Uniform Act is applicable to acquisition accomplished by the County with local funding, since April 25, 1977, the effective date of the final draw-down of CDBG funds designated for that purpose. We are currently seeking a legal opinion on the issue of Uniform Act Applicability in this instance, and will advise you of that decision promptly after we are notified. Because of the uncertainty of Uniform Act Applicability, we are unable to comment on Mr. Mendoza's eligibility or extent of his eligibility, for relocation payments, as you requested. However, since the Weld County Commissioners have adopted a resolution to implement the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) , for the remaining acquisition and relocation activities in the Burger-Fry Subdivision, we offer the following interpretation of the pertinent regulation governing eligibility for such a payment. Insuring Offices Casper, Wyoming.Denver, Colorado.Fargo, North Dakota Helena, Montana'Salt Lake Cup, Utah-Sioux Falls, south Dakota 2 Section 42.90(b) of this Department's implementing regulations requires that the following conditions, among others, be satisfied for purposes of establishing eligibility for a Replacement Housing Payment for Homeowners. To have entitlement to such relocation payment, a person: 1. must have been displaced from his dwelling that is acquired for a project; and, 2. must have actually owned and occupied such dwelling for not less than 180 days prior to the initiation of negotiations for its acquisition. Section 42.20(d) of the HUD regulations defines a dwelling unit as "the place of permanent or customary and usual abode of a person . . . " We trust this response will provide you a basis for your determina- tion on Mr. Mendoza's eligibility. Please call this office at 837-4018 if we can be of further assistance. Sincerely, nc . A0. Wood.* Sandra K. Woods Acting Director Program Services Division Community Planning and Development November December 14 , 1977 1r. Concepcion Mendoza 1329 13th Street Greeley , CO 80631 Dear Mr. Mendoza: As stated in my letter of November 11 , 1977 , I have had the appraisals on your property located in the Burger and Fry Subdivision , legally described as Lots 9 and 10 , Block 1 , updated, These updated appraisals were then reviewed and the County Commissioners have adopted by res$lution the amount of THREE THOUSAND SIXTY DOLLARS ($3 ,060 .00) as the fair market value for your property. Please refer to my letter of January 25 , 1977 concerning your relocation benefits , if any , and for a description of the acquisition procedures. As 1 stated in my November 11 letter, we are going to acquire your property prior to the end of the year and it is very important that you contact me immediately concerning your property. My phone is 353-0097 (days) or 356-7320 (evenings) . Thank you for your cooperation on this request. Sincerely, Marianne LeClair Ronsultant DEPARTMENT OF PLANNING SERVICES fH fl fle-1 f PHONE (3031 356-4000 EXT. 400 915 10TH STREET GREELEY, COLORADO 80631 co-Laa ADC November 11 , 1977 Mr. Concepcion Mendoza 1329 13th Street Greeley, CO 80631 Dear Mr. Mendoza: As you know, the County of Weld is in the process of making arrange- ments to acquire your property located in the Burger and Fry Sub- division, legally described as Lots 9 and 10, Block One. On Jan- uary 25, 1977 we sent you a letter offering you $2,800.00 for your property, but due to the age of the appraisals , I have instructed both appraisers to review their appraisals in order to determine if there has been an increase in the value of your property. As soon as I have this new information from the appraisers, I will be sending you a new offer on your property. In the meantime, I would like to get the title to your property cleared up. I would appreciate getting any information you might have concerning a judgement which was filed on your property with the National Account System, Inc. Please let me know what you know about this. Please contact me at 353-0097 concerning this matter. Thank you for your help. Sincerely, Marianne LeClair Consultant Date • DRemarks (I) Proof of Date of Occupancy—(Attach copy to S.O.R, card) (a) Utility Bill. (90 Days) (b) For F.O. Utility Bills 180 plus days prior to initiation thru T.V. date. (2) Proof of Rent Month of T.V. Date One Month Prior Two Months Prior Three Months Prior j (3) Clients contact and follow-up. I GREELEY URBAN RENEWAL AUTHORITY • CONTRACT OF PURCHASE • The GREELEY URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado, hereinafter called the "Authority" agrees to purchase and hereinafter called "Owner" or "Owner-Occupant," agrees to sell the following described real property situated in the City of Greeley, County of Weld, State of Colorado: • together with all fixtures and appurtenances, including, but not limited to, all cooling, heating, lighting, plumbing and air conditioning equipment, and fixtures located thereon or in, and all shelving and partitions attached to the real estate, unless specifically excepted herein, Parcel No. upon the following terms and conditions: 1. The total purchase price to be paid by the Authority for said property, including all improvements and fixtures located thereon, shall be the sum of ars ($ ) , less the adjustments thereto,,• hereinafter specifically set forth. 2. The Owner agrees to deliver to the Authority within five (5) days from the date of this Contract, evidence of title in the form of a title insurance policy or an abstract of title not certified to date. Thereupon, the Authority shall order a Commitment for Title Insurance Policy to be issued by a title insurance company selected by the Authority. In the event the commitment for title insurance does not show that Owner has a good and merchantable fee simple title to said premises or shows outstanding liens against or encumbrances upon the property, or in the event said commitment or other investigation shows rights of parties in possession other than those listed in Paragraph 8 hereof, the Authority may, at its option, satisfy such liens or encumbrances, or acquire the rights to possession, and subtract from the amount to be paid to the Owner the amount of any consideration paid on account thereof. If Owner is unable to show merchantable title in himself, Owner shall, at the option of the Authority, convey to the Authority such title as he has, and the purchase price shall be abated in an amount equal to the cost to the Authority of whatever curative action is deemed by the Authority to be necessary. 3. On or before , Owner agrees to execute and deliver to the Authority a good and sufficient General Warranty Deed conveying the property free and clear of all liens and encumbrances, except existing rights-of-way, easements, reservations, liens of the Northern Colorado Water Conservancy districts, and liens of the current years' taxes. Upon delivery of said Deed, the Authority agrees to deliver or mail a check payable to Owner in the amount of the purchase price for said property, less lien encumbrances, unpaid taxes, pro-rated rents, and water rents, when the title company has notified the Authority that its requirements have been satisfied, and that no intervening instruments affecting title to said property appear of record subsequent to date of title commitment and prior to recording of Deed from Owner to the Authority. General property taxes for 19 (based on amount of the previous year's taxes or as assessed) , rents , water rents, and currect assessments, i£ any, shall be apportioned to the date of vesting title in the Authority or the effective . date of possession of such real property by the Authority, whichever is earlier. All special improvement taxes which are a lien against said property as of the date of delivery of said Deed shall be paid by the Owner. 4. When rents have been collected by the Owner for a period after the date of vesting title in the Authority or the effective date of possession of such real property by the Authority, whichever is earlier, such pro-rated rent shall be paid to the Authority or deducted from the purchase price at final settlement. 5. Loss or damage to the property from any cause including fire, vandalism, , or casualty, from , the date of the Authority's appraisal until the Deed from the Owner to the Authority, has been recorded, shall be at the risk of the Owner. 6. Possession of said property shall be delivered to the Authority simul- taneously with delivery of the Deed. The Owner shall deliver possession free and clear of all possessory rights of all parties, and shall vacate said premises on or before the closing date, provided that if the Owner or tenant enters into a new lease with Greeley Urban Renewal Authority, such owner or tenant may continue in possession in accordance with the terms of said lease. 7. It is agreed that time is of the essence, and all covenants and agreements herein contained shall• be binding upon and shall inure to the benefit of the heirs, executors, administrators, personal representatives, successors, and . assigns of the parties. 8. Owner represents that the undersigned are the sole owners of the fee simple title to said premises and that no parts of said premises are occupied by tenants or others except as listed on the attached Exhibit A who occupy as tenants for terms expiring as shown in Exhibit A. The Owner agrees to allow a representative of the Authority to inspect • the property and to determine the status of the parties in possession. • 9. If the Owner by deed or otherwise is unable to convey good and merchan— table title free and clear of any interest, then notwithstanding any provision hereof to the contrary, the Authority may, in lieu of completing the purchase of the property at any time prior to closing, proceed to acquire the property by condemnation. In that event, the Owner agrees that this Contract shall continue in full force and effect until the conclusion of the condemnation case. The Owner further agrees to enter into a written stipulation to be filed in the court records, the terms of which shall be that the purchase price above stated is the fair market value of the subject property, inclusive of every interest therein. 10. When executed by the parties, this Agreement shall be specifically enforceable by any court of competent jurisdiction. 11. This Contract shall fulfill the requirement in the Authority's Land Acquisition Policy Statement for notice to Owner of the date upon which possession will be required by the Authority. The Owner acknowledges that he was not required to agree to a date less than 90 days after the date of execution of this Contract and that, if the date in Section 3 hereof is less than said period, that date is mutually agreed to. IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of , 19 . GREELEY URBAN RENEWAL AUTHORITY ATTEST: By Chairman • Secretary Page Two I II 1 '1 ~� ___ --_____,.----- 4.4t s, 1ç • ' - t ,� A..Y�� I7-7-7------, 1 --I �..�, Ji ` .r,w`.�'t 111 .I:i.. r •--,- 1)14107,-,:r I T ---t.,`•,‘ LiLt '-`T�•i " 7::74.r . �l,,,Fr,-_r-ss',J'�S,.L+wv�a..J.rti..-r...o..MV�1a� nr...l.... ".W......ns' 14"\w..--_ . GREELEY CIVIC CENTER Department;.of: Urban Renewal , ORLHLHV, COLORADO .. I • January 25, .1977 . ' , MF• Concepcion Mendoza 1329 13th Street Greeley, CO 80631 Dear Mr. Mendoza: t The County of Weld proposes to purchase the real property, legally des- , cribed on the attached summary, located at the Burger Fry Subdivision. The offer made is the proposed purchase price for the above referenced property for "fee simple title," that is, free and clear of any liens, taxes, or any other encumbrances which might otherwise cloud the title. The County of Weld's determination of just compensation for the real • property to be acquired is based on its inspection of the property and its consideration of two appraisals of the property made independently by competent professional appraisers as well as the appraisal report prepared by a review appraiser. The purchase price offered by the County for said property is the full amount passed by the local governing body j' ., , to be just compensation for the property and it is not less than the approved County determination of the fair market value of said property. The term "fair market value" is defined as follows: "The highest price estimated in terms of money which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is adopted and for which it is capable of being used." Based on all the foregoing, the City has established the sum of $ 2,800.09 ' Two Thousand Eight Hundred andNo/100 DOLLARS • as total just compensation for the purchase price of the above referenced ., real property. "A COMMUNITY OF PROGRESS" In arriving at the foregoing amount as just compensation, the appraisers did not consider any decrease or increase in the fair market value of the real property to be acquired prior to the date of the valuation, caused by the efforts of the Community Development Program, or by the likelihood that your property would be acquired as a part of the Community Development Program, other than that due to physical deterioration which was within the reasonable control of you as the owner. Attached for your information is a compensation summary of the amount estab- lished as just compensation for said property. If the property for which this offer is submitted is a tenant-occupied structure, enclosed is a copy of the document entitled "Agreement as to Ownership of Property Interest" which was signed by the property owner and the tenant prior to appraisal of the real estate and initiation of negotiations. If only a portion of a property is to be acquired, an additional document entitled "Partial Acqui- sition Information" will also be attached. The determination of fair market value does not reflect any consideration for relocation benefits. If you are to be displaced because of this acquisition, you may be eligible for payment for moving expenses and a replacement housing payment, in which case you should have already been contacted by a member of the City's relocation staff to explain these benefits to you. You may rest assured that if you are occupying the property the County will not require you to move before you have recieved all the assistance needed and have had ample opportunity to obtain decent, safe and sanitary housing in your finan- cial means. If any of the buildings, structures, fixtures, or other improvements comprisai ing a part of the real property have been identified as being the property of a tenant who has the right or obligation to remove them at the expiration of his term, the total just compensation for the real property, including the property of such tenant, has been apportioned to the tenant so that the amount apportioned to the tenant's improvements and interest in the real property is the greater of: 1. The fair market value of the tenant's leasehold estate in the property. 2. The amount which the tenant's improvements contribute to the fair market value of the real property being acquired. 3. The fair market value of the tenant's improvement for removal from the property. A Negoitator for the County of Weld will be in contact with you regarding the purchase of said property within ninety days. If you have any questions regarding any of the above or the enclosed Summary of Just Compensation, please call the County of Weld or visit • the office at 718 l th Street. Sincerely, Lyle R. Mueller, Director City of Greeley • Department of Urban Renewal • • • • • COMPENSATION SUMMARY Parcel No. , Location:, Burger Fry Suhdivicion Owner: Concepcion Mendoza Owner's Address: 1329 13th stre?t_ Greeley Tenant: N/A Tenant's Address: Legal Description: Block One, Lots 9 and 10, Burger and Fry Subdivision. wPla County. Land: 100.24 (E) 100.96 (w) Frontage x 78 36 (N1 s7_c (sl Depth 6,809 Sq. Ft. ises and luded in dings Owner's s,improvements to beip left on and allmfixtures ofcevery kind,nincluding all lighting anduplurbi, wiring x and pwating, and plumbing fixtures, water heaters and all heating and air conditioning equipment. Special Items Included: Owner may remove any fixtures from structures and orooerty with the exception of the actual re within 90 da s of the Notice to Vac Severance Damage (If Applicable) Tenant's improvements to be left on premises for which tenant shall receive compensa- tion: (If Applicable) Tenant's improvements which may be removed (If Applicable) Market Value: $2,800.00 Valuation Dates December 9, 1976 s_stIcsassic....______________,..._ , H : Land Value: $ 1 30O.0 I Improvement Values $ 11 Owner's Fixtures: (If Applicable) Total Property Compensations $ Z,eoo.00 Add Tenant's Improvements (If Applicable) $ The above amounts have been established as �ust and mpensationwere determined the Local aluGov ernall Body of thecountyof weld the facts known Co .tha�untyauch as age, condition, location and sbizee:f the property, a careful analysis of the 'appraisal (a) ' and a review of all sales of similar property 1 the area., 1,. 1 1 • , �1 R 1 1 II' I 1 . . • 1 I' 1 • • • RESOLUTION NO. 57 (Series 1975) RESOLUTION ESTABLISHING FAIR MARKET VALUES WHEREAS, the Greeley Urban Renewal Authority (the "Authority") has decided to acquire the land and structures on nine parcels of real estate; WHEREAS, the Authority has caused said structures and land to be appraised in accordance with the guidelines and standards established by the Department of Housing and Urban Development, and WHEREAS, the individual members of the Authority have considered the appraisals, and have been appraised that the written appraisals have in turn been reviewed by the Review Appraiser; NOW, THEREFORE, BE IT RESOLVED BY THE GREELEY URBAN RENEWAL AUTHORITY: 1. That the legal descriptions of the properties from which the structures and land are being purchased are: • a. Block Two, Lot 4, Burger and Fry's Subdivision, Weld County, Colorado. b. Block Two, Lot 9, Burger and Fry's Subdivision, Weld County, Colorado. c. Block One, Lot 5, Burger and Fry's Subdivision, Weld County, Colorado. d. Block Two, Lot 11, Burger and Fry's Subdivision, Weld County, Colorado. e. Block One, Lots 9 and 10, Burger and Fry's Subdivision, Weld County, Colorado. f. Block Two, Lot 1, Burger and Fry's Subdivision, Weld County, Colorado. g. Block Two, Lot 12, Burger and Fry's Subdivision, Weld County, Colorado. h. West 30' of the East 80' of Lot 4, Block 1, Billings and Sylvester Subdivision, Greeley, Weld County, Colorado. 2. Based upon deeds and other instruments recorded in the Weld County records, and upon all other documents which have been brought to the attention of the Authority, it appears that the above-mentioned properties are designated on the records of the Authority and owned by: a. Lloyd Whitledge and Larry Stevens, Block Two, Lot 4. b. Adolph and Nettie Schafer, Block Two, Lot 9. c. Bobby Pearson, Block One, Lot 5. d. Joe Maldonado, Block Two, Lot 11. e. Concepcion Mendoza, Block One, Lots 9 and 10. f. Albert and Grace Quintana, Block Two, Lot 1. • g. Arron C. and Agapito Barrera, Jr. , Block Two, Lot 12. h. Mary Gonzales, W30' of the E80' , Block One, Lot 4. 3. The above-named owner or owners of the properties appear to own fee simple title to the property. 4. The fair market values of the properties and improvements are: a. $2,500.00. b. $4,600.00. c. $2,500.00. d. $750.00. e. $2,800.00. f. $2,500.00. g. $2,000.00. h. $5,500.00. 5. It appears to the Authority, based upon all matters brought to the attention of the members thereof, the appraisers who rendered the written appraisals upon which this determination of fair market values have been made, and the Review Appraiser who reviewed those written appraisals, are competent, and the appraisals and the review of those appraisals appear to have been done in accordance with applicable state and federal law and in accordance with the policies and requirements of the Department of Housing and Urban Develop- ment.PASSED AND ADOPTED THIS /`��/N DAY OF DECEMBER, 1976. GREELEY URBAN RENEWAL AUTHORITY Chairman C • ATTEST: 1 \/uILLC,,ou Secretar 1942 Montview Drive Greeley, CO 80631 November 29, 1976 Miss Marianne LeClair Acquisition Officer City of Greeley Dept. of Urban Renewal 718 15th Street Greeley, CO 80631 Re: Review Appraisals on Block 1, Lots 9 and 10, Block 2, Lots 1, 11 and 12, Burger-Fry. Dear Ms. LeClair: Pursuant to your request,, and based upon the scope of services set forth in the HUD regulations, I have reviewed the above captioned appraisals. My observation and comments regarding these appraisals performed by Mr. Michael C. Marion and Mr. Robert Mitchell are presented in the attached report. Included in this report is my opinion of the values of the subject parcels. I, the undersigned, hereby certify that I have no present or prospective interest in the properties under appraisement, that my employment is not contingent in any way upon the amount of the value reported; that I have personally inspected the property, and, the statements made and the inform- ation contained in this report are true to the best of my knowledge and belief. Respectfully submitted, C. Ray Kiley U{' REVIEW APPRAISER'S REPORT The appraisals reviewed are considered acceptable and in accordance with the standards for Federal Acquisition Appraisals. Block 2, Lot 11 - Maldonado • Marion Appraisal $600.00 Mitchell Appraisal $750.00 Review Appraisal $750.00 Value for structure was not considered as it was completely destroyed by fire. Block 1, Lots 9 and 10 - Mendoza Marion Appraisal $2,200.00 Mitchell Appraisal $2,800.00 Review Appraisal $2,800.00 Block 2, Lot 1 - Quintana Marion Appraisal $1,350.00 Mitchell Appraisal $2,701.00 Review Appraisal $2,500.00 Block 2, Lot 12 - Barrera Marion Appraisal $1,300.00 Mitchell Appraisal $2,400.00 Review Appraisal $2,000.00 It is my opinion that the appraisals subject to this review are deemed to be acceptable and adequate to support the appraiser's opinion of value. Respectfully submitted, e 62 C. Ray Kay Ti.+i ._ ,.r ` 'f. p� sd _.itry '� '� ..,,,i�"..'_""_.. ._.... `o" tip sns, i.....----c,,..._., t, P _,`I, r;I.,..,..' AN.,... i' ,f•••-••—•"-_,...‘�..,♦- ' •q-, 4'4' •-.,L �� A �- ! '1 .i �:� l •'\iS.. `' .1�11�:.......t a . do. GREELEY CIVIC CENTER Department of Urban Renewal GREELEV. COLORADO 80631 July 20, 1976 • Mr. Concepcion Mendoza c/o Barbara Flores 1329 13th Street Greeley, CO 80631 Dear Mr. Mendoza: The County of Weld has been awarded a Community Development Discretionary Grant by the Department of Housing and Urban Development. One of the major purposes of the project is to eliminate dilapidated housing within the County of Weld and to relocate families occupying these dwellings into standard, safe housing. To accomplish this objective, your property in Weld County (Block One, Lots 9 and 10) is scheduled to be acquired by Weld County. We • will be purchasing your lots and structures. To enable us to establish fair market value of your property, two appraisers will appraise your land and buildings. Before coming to your property, they will contact you and will present to you a letter of introduction from • the Urban Renewal Authority. At the time the appraisers contact you, we would appreciate you notifying your tenants, if any, as to the date of the appraisal. • If you have any questions concerning the project or the acquisition of your property, please feel free to contact me at any time. Sincerely, Marianne LeClair Acquisition Officer 356-4550 "A COMMUNITY OF PROGRESS" Hello