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HomeMy WebLinkAbout1.05 Deedrcecarueu imecicronicany ID 21 County _V1 11 Date Ii I t Time Slmplil:Ele.cOm 800-460-5557 WARRANTY DEED State Doc Fee: $$7.50 [[THIS DEED, is dated the 31st day of October, 2011, and is made between Recording Fee: $21,00 Thomas J. Monckton and Evelyn M. Monckton (whether one, or more than one), the "Grantor," of the County of Adams and State of Colorado, and Antonia Zurcher (whether one, or more than one), the "Grantee," whose legal address is: 4110 County Road 243, New Castle CO 81647 of the County of Garfield and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( $875,000.00 ) Eight Hundred Seventy Five Thmisand dollars .nacl Zcre ce,tts, the, iect:ipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with improvements thereon, located in the County of Garfield and State of Colorado described as follows: See "ExlLibit A" attached hereto also known by street and number as: 4110 243 County Road, New Castle, CO $1647 TOGE'T'HER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, 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 Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has 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 from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: General taxes for the year 2011 and subsequent years. And these exceptions referenced on Exhibit "B" attached hereto. .And the Grantor shall and will WA.RR.ANT AND FOREVEY DEFEND the above described premises, brit not :gin), adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above Thomas J. Monckton State of Colorado ss. County of Garfield Evelyn Monckton The foregoing instrument was acknowledged before me this 31st day of October, 2011, by Thomas J. Monckton and Evelyn M. Monckton Witness my hand and official seal. lid Arny L. Perrin .I►�; •��� illy c ion expires: 09/0(1/2014 Exhibit A File Number: 952654 LEGAL DESCRIPTION A tract of land situated in Sections 35 and 36, Township 4 South, Range 91 West of the 6th P.M., said tract being a portion of that tract described in Book 351 at Page 230 in the Office of the Garfield County Clerk and Recorder and more fully described as follows; Beginning at a point on the line between Corners No. 1 and No. 2 of H.E.S. No. 38 whence said Corner No. 1 bears South 03"30'51" East 367.74 feet; thence North 03°30'51" West 946.34 feet to Conner No.2; thence North 32°30'51" West 558.48 feet to Corner No. 3; thence North 17°20'31" West 386.34 feet; thence North 76°22'32° East 531.61 feet along the Southerly boundary of that tract described in Book 862 at Page 503; thence South 54°34'04" East 83.24 feet along the boundary of that tract described in Book 862 at Page 502; thence South 60°35'19" East 79.86 feet; thence North 68054'49" East 332.34 feet; thence North 59°58'36" West 171.86 feet; thence North 41°04'41" West 3 7.3 0 feet; thence North 28'2'53" West 56.46 feet; thence North 06°2935" West 72.68 feet; thence North 02°14'15" East 95.44 feet; thence North 21'43'20" West 57.32 feet; thence departing said boundary North 24°2225" West 307.87 feet; thence North 05'5228" East 177.12 feet; thence North 21'05'07" East 56.29 feet; thence North 79°14'41" East 455.29 feet to the Easterly line of said H.E.S. No. 38; thence along said Easterly line South 16°32'26" East 2512.66 feet to the Northeast corner of that tract described in Book 709 at Page 352; thence along said boundary North 89°04'45" West 367.48 feet; thence North 00°54'59" East 348.48 feet to the Southeast Corner of that tract described in. Book 996 at Page 366; thence along said boundary North 30°56'40" East 239,33 feet; thence North 16°09'58" West 295.50 feet; thence North 89°03'20" West 110.00 feet; thence South 20°22'35" West 519.30 feet to a point on the boundary of said tract described in Book 996 at Page 366 said point also being the North boundary point of that tract described in Book 1250 at Page 426; thence along said boundary South 38°02'31" West 437.14 feet to a point on the boundary of said tract described in Book 709 at Page 352; thence along said boundary South 12°04'01" West 230.03 feet; thence South 15°48'10" East 184.92 feet; thence South 65°38'46" East 129.23 feet to the Northwest corner of that tract described in Book 725 at Page 898; thence along said boundary South 1452'45" West 32.17 feet to the centerline of the 30 foot access easement described in Book 709 at Page 352; thence along said centerline and easement described in Book 709 at Page 352; thence along said centerline and along a curve to the left with an are length of 49.81 feet, a radius of 71.41 feet, a central angle of 39'5752", a mord beating of North 69'0u'05" West, a chord length of 48.81 feet; :hence North 89°05'01" We,Gt 15o nn fi m- f 6 EXHIBIT B EXCEPTIONS I. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 13, 1913 in Book 92 at Page 267 as Reception No. 48425. 2. Easement and right of way for ditch purposes as granted to John RoIetto by William Sheppard, Harrison Clinetop, Lucy Clinetop Hale and Sarah E. Shaw by instrument recorded November 7, 1914 in Book 86 at page 319 as Reception No. 50379, in which specific location of the easement is not defined. 3. Easement and right of way for County Road purposes granted to Board of County Commissioners for Garfield County by S. E. Shaw and Lucy Clinetop Hale recorded March 15, 1921 in Book 117 at Page 478 as Reception No. 74651, in which specific location of the easement is not defined. 4. Easement and right of way for road as granted. to The Board of County Commissioners of Garfield County by Henry Rohwer in the instrument recorded March 15, 1921 in Book 117 at page 479 as Reception No. 74653, insofar as subject property may be affected. 5. Affidavit, recorded December 21, 1972 in Book 439 at Page 102 as Reception No. 256447. 6. Resolution No. SB -35, recorded December 8, 1975 in Book 481 at Page 79 as Reception No. 270479. 7. Resolution No. 81-216, recorded July 24, 1981 in Book 577 at Page 611 as Reception No. 317374. 8. Affidavit RE: Boundary Line Adjustment, recorded September 27, 1985 in Book 676 at Page 286 as Reception No. 365291. 9. Affidavit RE: Boundary Line Adjustment, recorded May 14, 1993 in Book 862 at Page 504 as Reception No. 447441. 10. Easement granted to U.S. West Communications, Inc., recorded November 15, 1994 in Book 922 at Page 568 as Reception No. 471003. 11. Affidavit RE: Boundary Line Adjustment, recorded May 2, 2001 in Book 1250 at Page 422 as Reception No. 580265. 12. Right of way for the uninterrupted flow of Main Elk Creek. 13. All matters disclosed on the Improvement Survey Plat dated October 20, 2011 by Bookeliff survey Services, Inc. as Pro`eLct No. 06175-01. -ti REAL PROPERTY TRANSFER DECLARATION TD -1000 GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration_ This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is :nailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(l)(b), C.R.S. Confidentiality: The assessor is required to snake the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S, and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers. 4110 County Road 243, New Castle, CO 81647 2. Type of property purchased: Townhouse _X—Single Family Residential Multi -Unit Res. Commercial Condominium _Agricultural Mixed Use Industrial Other: Vacant Land 3. Date of Closing: October 31, 2011. Date of contract if different than date of closing: October 8, 2011 4. Total Sale Price: Including all real and personal property. $875— 0.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. _X_ Yes No If yes, approx. value $) ( (� Describe t: t ' c� 6. Did the total sale price include a trade or exchange of additional real'or personal property? If yes, give the approximate value of the goods or services as of the date of closing. Yes _X_ No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? Yes No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. _X_ Yes No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or sellers are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes _ No If the property is financed, please complete the following: 10. Total Amount financed. $475,000.00 11. Type of financing: (Check all that apply) New Assumed X Seller Third Party Combination; Explain 12. Terms: Variable; Starting Interest Rate % Fixed; Interest Rate Length of time years Balloon payment Yes No If yes, amount $ Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, town homes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? Yes No If yes, franchise or license fee value $ 15. Did the purchase price involve an installment land contract? Yes No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closhig? Yes No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this October 31, 2011 Enter the day, month and year, have at least one of the parties to the transaction sign the document and include an address. Please designate buyer or seller. BUYER:)J r , L�� Antonia Lurcher 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: 411.0 Count Road 243 NPW C'actln r'n eIKA -a