20-43 Lot 3 Oak Meadows SA Partial Release 04-08-20204617538 08/07/2020 04:13 PM
Total Pages: 5 Rec Fee: $33.00
Carly Koppes - Clerk and Recorder, Weld County, CO
After recording, return to:
Schelwat Law, LLC
16350 E. Arapahoe Road, Suite 108-102
Foxfield, CO 80016
PARTIAL RELEASE OF LAND FROM SUBDIVISION AGREEMENT
[OAK MEADOWS VILLAGE]
THIS PARTIAL RELEASE OF LAND FROM SUBDIVISION AGREEMENT (“Partial
Release”) is made and entered into this CriS**— day by and between the
Town of Firestone, Colorado, a Colorado statutory town, and Oak Meadows Commercial. LLC.
a Colorado limited liability company (“Owner”), and CBH Properties Firestone. LLC, a
Colorado limited liability company (“Contract Purchaser).
WHEREAS, the Town entered into that certain Subdivision Agreement for the
development of Oak Meadows Village Subdivision (the “Agreement”) dated July 5, 2006, and
recorded in the Office of the Weld County Clerk and Recorder on July 28, 2006 at Reception No.
3406698; and
WHEREAS, the Agreement includes real property legally described as Lot 3, Oak
Meadows Village, Town of Firestone, County of Weld, State of Colorado (the “Property”); and
WHEREAS, Owner is under contract to sell the Property to Contract Purchaser, and Owner
desires to release the Property from certain terms and conditions of the Agreement; and
WHEREAS, Section 8.13 of the Agreement requires Owner to provide to the Town written
request of any release of all or any portion of the terms, conditions and obligations of the
Agreement; and
WHEREAS, Section 8.13 of the Agreement further provides that the Town execute an
instrument in recordable form affirming such release.
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and
conditions set forth herein, the parties agree as follows:
1. Except as provided in paragraph 3 below, the Town does hereby release Owner
from the terms, conditions, and obligations of the Agreement, but only to the extent such terms,
conditions and obligations apply to the Property.
2. In no event shall this Partial Release include any other platted lots or property
within the Oak Meadows Village Subdivision, and the Agreement shall remain in full force and
effect with respect to the remaining platted lots and property within the Oak Meadows Village
Subdivision subject to the Agreement not previously released from the Agreement.
3. The provisions contained in Section 4.3 of the Agreement shall remain in full
force and effect for the Property.
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Page 2 of 5
4. This Agreement may be executed in any number of counterparts, and, when so
executed, shall constitute a single, binding agreement between those persons who have executed
such counterparts.
IN WITNESS WHEREOF, the parties hereto have executed this Partial Release of Land
from Subdivision Agreement as of the day and year first above set forth.
[signature page follows]
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Page 3 of 5
OWNER
OAK MEADOWS COMMERCIAL, EEC,
a Colorado limited liability company
/
//IBy:
Printed Name:
/MTitle:
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
The foregoing instrument was acknowledged before me this day of July, 2020, by
tiOrij A. 'ReicfCt , as_ _____—---------of Oak Meadows Commercial,
AK' ^'z^('uru>
Witness my hand and official seal.
.-i BETHANY BARRY CROSS #
li Notary Public - California |
J Contra Costa County g
E
Commission A 2Z96227 ijj MY Comm. Expires JuS 30, 2023 ^
Notary’s official signature
TltbltC'
Title of office
uWf/ 3b, Vfl'h
Commission Expiration
\SIGNA TURES CONTINUE ON FOLLOWING PAGES\
4617538 08/07/2020 04:13 PM
Page 4 of 5
CONTRACT PURCHASER:
CBH PROPERTIES FIRESTONE, EEC,
a Colorado limited liability company
ihuf----
Printed Name: IRC&UES CRAI&
Title: VUE PtZES IDEtfr
By:
STATE OF TEXAS )
COUNTY OF I4MI/5
) ss.
)
I■-y jf'' &The foregoing instrument was acknowledged before me this D day of LA.,£!AaJCj_____, 2020,
OlECAmM as i/j, tit fAjLdJuchd of CBH Properties Firestone, EEC, a
Colorado limited liability company.
Witness my hand and official seal.
/hMcts /foyLsuct
Notary’s official signature
f(lkxi^Epl /YE
!Title of office
/$ -'f-Z.Qt'l
Commission Expiration
SIGNATURES CONTINUE ON FOLLOWING PAGE^i
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Page 5 of 5
ACKNOWLEDGEMENT OF CONSENT TO PARTIAL RELEASE
The Town of Firestone acknowledges to Owner and Purchaser that the foregoing Partial Release is consented
to by:
TOWN OF FIRESTONE, COLORADO
f / TOWN N, ^
5 1 sfal )B
M
By:
C''--Bobbi Sindelar, Mayor
4
ATTEST:
Jessica Koenig, Town Clj
APPROVED AS TO FO:
Town Attorney