HomeMy WebLinkAbout770701.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 291 - JAKE SEILBACH.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, it has been determined by the Board of County
Commissioners of Weld County, Colorado at a public meeting held
on the 12th day of December, 1977 , in the Chambers of the Board
of County Commissioners of Weld County, Colorado, that the div-
ision into two parcels of a certain parcel of land, as shown on
the plat known as Recorded Exemption No. 291, being the property
of Jake Seilbach, and being more particularly described as
follows, to-wit:
The East Half (Eh) of the Southwest
Quarter (SWa) of Section 10, Township
6 North, Range 67 West of the 6th P.M. ,
Weld County, Colorado
does not come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , pursuant to its authority
under Section 30-28-101 (10) (d) , CRS 1973, as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, finds that this particular division of land is not with-
in the purposes of the Weld County Subdivision Regulations and
the Board desires to exempt this particular division of land from
the definition of "subdivision" and "subdivided land" pursuant
to its authority under Section 30-28-101 (10) (d) , CRS 1973, as
amended, and Section 2-lA(3) of the Weld County Subdivision
Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land owned by Jake Seilbach, be, and hereby
is, exempt from the definition of the terms, "subdivision" and
"subdivided land" pursuant to its authority under Section
30-28-101 (10 ) (d) .
770701
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
December, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLO O
-�- /�.�/(r.-� :� it
•"nal
ATTEST: Q
Weld County Clerk and Recorder
and Clerk to the Board
Byx�p ��titi1 C2ti�
D puty County - erk
A 9V AS TO _FOR M\:
r) i
ounty Attorney
-2- Date Presented: December 28 , 1977
AreO,4>rIJ Eit'eMAT/O/Y #2 0807-10-3- R E 291
LLGAt 1'ESt" T "PION
The East Half (EA ) of the Southwest Quarter (SW'r ) of Section 10,
Township 6 North , Range 67 West of the 6th P .M . , Weld County ,
Colorado. G
eir,
. ////a/n
SURVEYOR' S CERTIFICATE
I hereby certify tha . lat was prepared under my supervision ;
an& that the same ' , % -o the best of my knowledge and holier .
i /e Itt S F5�
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�? ' ' C � JAS PI, tETT.:
F� * COLOR O . E . & L. S . NO. A392
t.
P�l,ate' }\,,.�. \..
'a *: ; I? Q,,V R'_ OWNER ' S APPROVAL
We , .Jake Seilbach and Mary Seilbach , being the sole owners in fee of
the above described property do hereby -- Sidivide the same as shown on
the attached map . .
------ - ' vf'
lake Seilbach Ma•.•y Seii �
bacli
The foregoing certification was acknowledged before inc this I.
day of zp,1,c. , - , A .D . , 1977.
My Commissi -)n Expires : /') ,, l 27 /7
Witness my hand and seal . _
-, -../_-/ ( - ,2!
Rotary Public / ' 4t r
-ATzr : ;
PLANNING COMMISSION CERTIFICATE f ,, .
The accompanying plat is accepted r nd ap��roved for fi in ��� ��•
ATTEST : 1.1yy1 j '- . P IRMAN
County Clef k- "d l �ti"- 4 E'.("';:lad eft" t )ARD OF COUNTY COMmISSTONERS
DatedraleAler17a_ -_At
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4'ECO.QDED EXe-A9a)/O/Y 'ES 0807-I0- 3 -RE291
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iffigleer DEPARTMENT OF PLANNING SERVICES
PHONE (303) 356-4000 EXT. 400
C. 915 STREET
GREELEY,V, COLORADO 80631
COLORADO
December 12, 1977
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
RE: Recorded Exemption #291
Dear Commissioners :
The attached application, plat, and related materials are in reference
to a request by Jake Seilbach for a recorded exemption. The parcel
of land is described as the E* of the SW* of Section 10, T6N, R67W of
the 6th p.m. , Weld County, Colorado. Said property is located 3/4 mile
east and z mile north of Windsor. The subject property contains
81 . 061 acres of Class II and III irrigated soils. The request is to
split the property into parcels of 5. 281 acres and 75. 78 acres. The
proposed 5.281 acre parcel would contain and existing set of improvements
while the proposed 75. 78 acre parcel presently is unimproved agricultural
land. As indicated in a letter dated November 7, 1977, submitted by
James Davis of Davis Land Company, Mr. Davis entered into a specific
Performance Contract with Mr. Seilbach to purchase the property in
question. Subsequently, Mr. Davis entered into a contract with Dr.
John Norton to purchase the unimproved agricultural land excluding all
improvements. Dr. Norton desired not to have any buildings on his
farm since he intends to rent the land out to a neighbor to farm.
Based upon the information submitted and the adopted policies in the
county, the Department of Planning Services staff recommends the
request be approved for the following reasons:
1. The Town of Windsor Planning Commission has indicated they have
no objections to the approval of the request .
2. The proposed split conforms with the intent clause of the
recorded exemption procedure (Section 9-2 of the Weld County
Subdivision Regulations) , the intent clause of the Agricultural
District (Section 3. 3(A) of the Weld County Zoning Resolution) ,
and the Weld County Comprehensive Plan in that the use will be
compatible with the surrounding agricultural uses.
Board of County Commissioners
Page 2
December 12, 1977
3. The request complies with the provisions of Section 9-4(A) of
the Weld County Subdivision Regulations.
Resp c,kfully,
C2 ;
TtZ
homas E. Honn
Zoning Administrator
TEH: sap
APPLICATION FOR RECORDED EXEMPTION
Weld Coun_y Planning Commission-353-_E712 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY :
LAND CODE : CASE NO :
T : S : 1 /4 : DATE : // - S - 77
LEGAL DESC . APPR : APPL . FEE : s-0,0
APP . CHECKED BY : RECORDING FEE :. -'
DATE SENT TO BOARD : RECEIPT NO . : X S�b _
DATED FILED & RECORDED :
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described prop-
erty be designated a recorded exemption by the Weld County Board of County
Commissioners : LEGAL DESCRIPTION :
The East Half (El) of the Southwest Quarter (SW*) of Section 10,
Township 6 North, Range 67 West of the 6th P.M. , Weld County,
Colorado.
ACREAGE : LOT "A" 5. 281 AC ; LOT "B" 75. 78 AC ;TOTAL : 81 . 061 AC
HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP-
ERTY SINCE AUGUST 30, 1972? YES NO X
FEE OWNERS OF PROPERTY :
NAME -Jake and Mary Seilbac]Q ADDRESS pt . 1 Row 6Q PHONE :
NAME : _ADDRESS Windsnr (Y) PHONE :
NAME : ADDRESS PHONE :
WATER SOURCE North Weld Water District
TYPE OF SEWER Septic
PROPOSED USE Residential
I hereby depose and state under the penalities of perjury that all statements
proposals , and/or plans submitted with or contained within this application
are true and correct to the best of my kno ge .
COUNTY OF WELD )
STATE OF COLORADO ) _
igiiatur . wner or Authorized Agent
Subscribed and sworn to before me this /2 day of �, 1999
9
SEAL
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My Commission expires :
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DAVIS LAND CO.
Farm and Ranch Specialists
November 7, 1977
Weld County Planning Commission
Dear Gentlemen:
On August 5, 1977,WLX and James J. Davis entered into a Specific
Performance Contract with Jake Seilback and Mary Seilback, to purchase the
Southeast 'Z of Section 10, Township 6, Range 67, West of the 6th P.M. and
the East 1 of the Southwest of Section 10, Township 6, Range 67, West of
the 6th P.M.
On October 11, 1977, purchasers of said property entered into a contract
with Dr. John Norton. The contract was for approximately 233 acres,
excluding all improvements as Dr. Norton did not want any buildings on his
farm. He will rent the farm to a neighbor. He owns other farms in Colo-
rado.
The purchasers had the improvements surveyed and would appreciate the Planning
Commission and the County Commissioners' consideration of approving the
recorded exemptions on said property. Enclosed are contracts between Seilback,
WLX, and Davis; Dr. Norton, WLX, and Davis; and a copy of the contract
between Samuel and Barbara Schmachtenberger, WLX, and Davis.
Sincerely,
James J. Davis
1221 Eighth Avenue Suite D Greeley, Colorado 80631 353-9900
4
'n October 11, 1977
Mr. James J. Davis
Davis Land Company
1221 Eighth Avenue
Greeley , Colorado 80631
Dear fir. Davis :
We are returning to you herewith the two Applications for Recorded
AExemption which were earlier delivered to us. It is our understanding
that you are requesting us to sign these applications as the record
! owners of the property which you have contracted to purchase from
r /;1 us shortly after January 1 , 1978 . It is our understanding that you
desire to initiate the proceedings to obtain approval of the recorded
a exemptions as a part of your proposed use of the property. It is
a our further understanding that you believe the process of obtaining
county approval of the recorded exemptions may take several months
and you wish to have the recorded exemptions approved prior to
closing.
LJ We have signed the Application as an accommodation to you and are
delivering them to you upon the following conditions :
1 . That all costs incurred ill connection with obtaining
the recorded exemptions will be borne by you and yog .wj11 hold us
harmless and indemnify us against any claims arising out of your
attempts to obtain approval of the recorded exemptions.
2 . That if the recorded exemptions are approved by Weld
County, Colorado, that the recorded, exemptions will not be recorded
in the land records of Weld County, Colorado, until such time as we
have closed on our transaction with you.
3. If the above conditions are not acceptable to you,
the applications should be returned to us.
Very truly yours,
Jake SeilLach ( /; I
Naiy rl+ , ii •
Enc.
/_"
JIM DAVIS
BOARD OF DIRECTORS
ERNEST rIGGE_ NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE / HIGHWAY 85 LUCERNE. COLORADO 80646
GARY SIMPSON e
A,1_ LYLE NELSON, MGR
TOM REED
P.O. BOX 56 - PHONE 9363020
October 25, 1977
TO WHOM IT MAY CONCERN
RI . Water Service
Lh'at' Gentlemen:
'Ibis let IO1 !.s. in response t 1 F rc,tar'dluL Water
Si llrwin2: Ii•r,, '' iht'd prr•l,r-I•i
Lot B located in the E'S .'-* of Section 10,
Township @North, Range 67 West of 6th P.M . ,
Weld County , Colorado
\st .ervice is. presently being provided IN the
ahn. I • described property
2 . X W,rIcr service can be mad(' available to the above
described property provided all requiremen ! s of
thee District are satisfied .
II wont nuets hate not been cnnsumated with North Weld County
Water District ithin one year from date of this letter , this:
Int t or shut he come nu l I and void .
Add I innnI Eiamnent .�
Si nee reI } ,
NORTH WELD COUNTY WATER DISTRICT
i
I c I) . Nelson Manager
LDN/ rr
--T
WELD COUNTY •PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STA-iE OF COLURADO)
COUNTY OF Wc1D )
The STEWART TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it has made a careful search of
its records , and finds the following conveyances affecting the
real estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
The East Half (E1/2) of the Southwest Quarter (SW1/4) of Section 10, Township
6 North, Range 67 West of the 6th P.M. , Weld County Colorado.
CONVEYANCES ( if none appear, so state ) : NONE
Reception no: , Book
R,-:ception no . _ _ , Book
Reception no . _ , Book
Reception no . ' , Book
Reception no . , Book
Reception no ; r--- , hook
Reception no. , Book �-
Tni : Certificate is made for the use and benefit of the Planning
Commission of Weld County , Colorado .
This Certificate is not to he construed as an Abstract of Title
:nor an opinion of Title , nor a yuarantee Title , and the liability
of STEWART TITLE _ COMPANY
is hereby limited to the amount o f TWie�ec p;Aid for this Certificate.
In "-f t n e s s Whereof , STEWART T I TU_____.___
COMPANY has caused this certificate to be signed by its proper
officer this 27th day of September , A. 6 , 19_22, at 7•-45 A.M.
o ' clock.
STEWART TITLE-
COM A'AN
Alin i , fuE
I
}
.+ .�.,,,;n•
:l 4:.,.,_A DEC 29 1966
�+' 376 r+N. 1498476 a.�e.w mew •)
•
I-I / yk
i
1 p_ WARRANT! MID
o 1
KNOW ALL MEN 9T TEES PRESENTS, That Jacob Winder, Jr.
.• of the County of Weld and State of Colorado, for the consider i,
0
ation of Ten Dollars and other valuable considerations in
�
0
o band paid, hereby sells-and conveys to Mary Seilbach, of the
•c• County of Weld and State of Colorado, the following real estate
Mt.
N and property situate in the County of We14 and State of Colorado,
U
o to-wit:.
The Southeast Quarter (BE}); the East Half of the
Southwest Quarter (E}SW}) of Section Ten (10), •
Township Six (8) North, Range Sixty-seven (67)
West of the Sixth Principal Meridian, together
with fair (4) shares of Windsor Reservoir and
Canal Company, four (4) shares of Larimer and
Weld Irrigation Company, One (1) share of The
Finley Lateral Ditch Company and 200 units of .
Northern Colorado Water Conservancy District
water
together with all its apputenances and warrant the title to the
same, subject, however, to the following:
1. Any and all existing easements and rights of way
`d
Z of whatever character, whether created by deed /
or now existing on said premises, be that for
u ditches, canals, pipe lines, roads, telephone lines,
Nk
power lines, or any other purpose.
2. Inclusion within the Northern Colorado Water Con-
servancy District.
3. Reservation and Patent from the United States of
America.
4. .�
1987 taxes due and payable in 1968.
•
Signed and deliyv ,fspip 19th day of December, 1986. '
s• •o C __-_._:W=.v-� :Ml1M,I =
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__-T� 111_., I r :rBUCUXENfAPmorn
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I m ,.......a °iuca aco e •
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w„ ( llTt OP COLORADO )
+`?.." or ma s8
•.n. -
f j+I*IWel r•�je foregoing instrument was acknowledged before me this /2 u
ri3O I ate December, 1986 V,. Fp by Jacob Winder, Jr.
••. e..............•F��
•,;p-5 0 TIomso my band and official 77 seal.
My commission expires: i•a •971449 11,41t2. ' 1'✓ ( otary .
'i—egetre
..
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SPECIFIC PERFORMANCE CONTRACT
0:-ARIl1 AND RANCH)
it
Greeley •_ Colorado ,. Auicttet5 19
'
—. _77._' ,M•
RECEIVED FROM -• +.,.e,., .: .vi.s....._-- --
Purchaser(as joint tenants the sum of$ . ..-. 2.5 s� e ,in th,:form of note _ •' `�1,��,A�.
BOB IC2ES AUCTION iAL ESTATE CO I`
to he held by_— �. _.._.__ . ,broker,in his escrow or trustee account,
ea earnest mono and part payment for the following described real estate situate in the
unty of . Meld ._. _._._., Colorado,to wit: The Southeast Quarter �S �; the
East Ralf of the Southwest Quarter (E)aSW$j of Section Ten (]LO),1 wnship
( Ttiorih.t_P age Six y.seven (CI) Wec;t of the Sixth Prin ipal Meridian.:__-_
together with all waterr_water rigits,_ditch rightE appurtenant to sais>�
property_i p1ua two (2) irrigation wells__properby regiate;ed and eidjudiated
with the State of_ Colorado, i.e._#1 .`-4469- #2. 14371:J and any . in d all mineral_
^rightas now owned ar,sellers to be conveyed to purchasers.__w •
•
ith all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent
nature currently on th: premises, except RS hereinafter provided, in their prese rt condition, ordinary wear and tear
excepted, known as ..-.? ei.1bactl_F8TQt_
which property purchaser agre.'s to buy upon the following terms end conditions, for the purchase price of
$ - •s0 !QQ. ... . _ ...._ .. payable as follows: $ ._. e �Q(3._. hereby receipted for,
$ 475.°007,32P014.yable..as follows: Balance of $475,000.00 plus normal closing
costs shall bepa_id in_c' h oz_.ccrtified._.funde at_ the tiny, of rinsing_
?_ti 00000 hereby-rocciptcd.for_.f.n_thp fnrrn o,f n promissory-note-duct--ar.s:----.
ga_rrabl S1ay&.p,fter.acceptance..of all parties.._If nntp i R nnt-converted
to cash within 5_ dayy.-this contract.,ha17_become null And void.
t. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not
to exceed$ . __...__.___._end it is sa condition of this contract that th' purchaser may assume such encumbrance
without change in its terms or conditions except NA.._.
2. Rice to Include the following personal property: Pumps and motors _pertt .jn ri to
irrigation wells plus two domestic water taps. Pump; and motors to be
in working condition. —i
to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes.
• liens and encumbrances,except: _ _.___ None
_•• and except any personal property liens in an encumbrance specified in paragraph 5.
The following fixtures of permanent nature are excluded from this sale:_N9ne -
•
3. Price to include Use full r water rights: Four ($) share`s of Windsor Reservoir and
Cana uorpany, four t4) shares
shares of Larimer and We d Irrigation Omani One
—11 -share Lateral Ditch dom.—
!n I�F.tYlr 250 un'ta3 of Northern.
---C151orado Water.Conservancy District water.
• 4. An abs;raet rst title to said ,,rop• ri c e•tithed to datr:, or..currerr commitment for title insurance policy in an
amuant equal tc. the 1-urch;•se poet.. ... i•Iter', option and expense, cha I be furnished the purchaser on or before
December 1 , ;!y 7? '1f' ,ellc•r elects to ftuniJi !raid title insurance corn nitment, seller will
det'e'r the title insurance pi'h.•t to imreti astir;crier:3ntiiug;and p;iy the premium thereon.
•
.A i< .,, .y ..r.,rata: "• • . . ,•...ilia
. , ,• . . ...,.,,• it.,. ,•. 40
+ awl; ,., ir.:�'... ,.:. . _ ' • '._ I .
• ....,
.
SPECIFIC PERFORMANCE CONTRACT
• (Fl RM AND RANCH) '
•
-,Colorado .-.. -_—OrtnbPT 11 -, 19._7_7__
RECEIVED FROM _..._...JS1.12n_IlortQf .&..Assignees.___-•-- _ __..__ ._ - _ _ ___ ---
Purchaser(as joint tenant.),the sum of$ _ .. . _.... .10,.00.0...00.._ . ,in the for•:n of .�_che 'k -_ _-_----
lo be held by Davi s_.Land_Commany___----- •------ _ ,broker,in his escrow or trustee account,
es earnest money and part payment for the following described real estate situate in the Raid
the�_� S_W_ 3t
eld ,Colorado,to wit: _. The_..S _
County of _._;.1_10.4______--.__ 1/4;to ether with all__—
_ of Section__1D,...Tow ns�hip__6_N..r--Range..-62-•Westff.o the--6 7--.X.,
water.,._w_ater ,rights-,. 4itc•.h._x.ights..xa.Ppurtenant_tn Rai d_prooperty, pins two _(2),-- -
... i.;rigatioft w,e11&px_o etly.--regia_tered_an&actin:AirAtod with rhp Sratp of _Colorado,
_..i..e...._1 14-3.b.9-....112. 143.7.1;--approximately:.232..acres_... .__. ._..___ -_.--_....-___..._...... �_._
.._Ipseifirti11_y.---E.-44,' i- Section 10 Lod---B ^ 74,7 Acres '
_......_gnd.r.S_.E... .4__Secticn_-.10--T. r---6--' fi'7.-- _1,,.$;158a70 Acro3- - 233.4-6-Acres
- -
with all easements and rights of way appurtenant thereto, allimprovements thereon and all fixtures of a permanent
nature currently on the premises, except as hereinafter provided, in their pre:ont condition, ordinary wear and tear
excepted, known as _. pall,$ Farm-----... ._.-__._._..._._._._..__.._.-._._-_�._ -_.--------- --- --
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ 2Z8.s-400...Q0—__.--.--- ,payable as follows: $ -_ IQ,000_,..00--._._.._. _________hereby reccipted for,
$r_261 ,liOO.IId---__---
to be paid in hash at arming.. This_contract is_r_ontingent__upon_fae._purchaser's
ability to obtain ..a ftrst_trusr rlpprl in the -amount 1:1f._232,D0(l-nn.--_Ila..uis.. Land-Co. will
_ n-t
D,ppp... sit for 30 days o''.until -lnap is approved-
troved- Yn the available
that s itable inancin etc. , rote eat and terms
said deposit of U10,6�}ylin returned within 60 days of date of
this instrument. —___
1. If a note and trait deed or mortgage :z to be assumed, the purchaser agrees to pay a loan transfer fee not
to exceed $.r:.-�____-----_and it is a conditi' n of this contract that the purchaser may assume such encumbrance
4 . without change in.its terms or conditions except - • - --- —
Xrtainin to irrigation
2. Price to include the following personal property: pumps, motors-pe g_-
1 •
to be conveyed by bill of sale at time of dosing in their present condition,free,nd clear of all personal property taxes,
liens and encumbrances,except:
41
and except any personal property liens in any encumbrance specified in paragraph 5.
The following fixtures of permanent nature are excluded from this sale: - —
of Hi11dsQt Reservoir and
3. Price to include the following water rights= - four .(��-•S11STeA ny-,- four__.(4)_shar es_of__Larimer_and_ileld_Irrigation Company, One (1) share
o£ Tinley Lateral Ditch Co apy._-------. - --- ---•—'--.... _
4. An abstract of title to said property,certified to date, or a current commitment for title insurance policy in an
amount equal to the pur'hase price, al seller's option and expen•e. shall be furnished the purchaser on or before
_ Deceldber. _VI ,___ . . . . 19 77. If seller cleats to furnish said title insurance commitment, seller will
delive, the title insurance pulie!: to palrchasa:r.Iftur closing and pay the premium thereon.
NO.Si •a••7;' •,..t,t.: 1'crforr i.nt a('on trari i t•'Ir,n:n.•1 t(,,a:e la l
r. . . ._. I. ,1 . . ..1... ,,.: .. I .t•r••.' .ot1 rcr•'c 10.1''
I
f
S Title shall be merchrottahle in the ''- le; Sibiu r '.!o pipmu•ni or L'-n'h: :1: .,lprv, pr,'<uh-d .in,i mpl:any with
the other terms and conditions hereunder tr; purchaser, the seller shall execute and deliver a good and sufficient
warranty deed to raid purchaser on _. Jatluary 10 _ , 19 .78. ,or, by mutual agree-
ment, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 78 . _. ,
payable January 1, 19-79- , and exee tt. None •
free and clear of all liens and encumbrances except: _-_None
and except the following easements: Those- of recar4 —visual or of Contract
• r
and subject to building and zoning regulations and the following restrictive covenants: _ those of record
Any encumbrance required to be paid may be paid from the proceeds of this transaction.
• Not/Be •
6. General taxes for 19.7$_.-shall.6f"apportioned to date of delivery of deed based on the most recent levy and
the most recent assessment. Personal property taxes, prepaid rents, water rents, sewer rents, and interest on encum-
brances, if any, and all Water assessments for 1978 calendar year shall be paid __ by by purchaser.
shall be apportioned to date of delivery of deed except that:
7. With respect to the growing crops the seller and purchaser agree as follows: PurChaeerstQ
--receive_the ..1978 crop, - -....-
8.. The hour and place of closing shall be designated by Kraps Auction/Real Estate Co and Ag—land
Realty, Inc.
9. Possession of premises shall be delivered to purchaser on__closing. and delivery of deed
subject to the following leases or tenancies:•
10. The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall
he on the seller,provided however that if the seller shall maintain insurance-on said improvements which will compensate
for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to purchaser,
in which ease the purchaser shall complete the transaction as herein provided. The risk of loss for any damage to growing
crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in paragraph 7 and such
party shall be entitled to the insurance proceeds.
11. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or
performed by either the seller or purchaser as herein provided, then this contract, at the option of the party who is not
in default, may be terminated by such party, in which case the non-defaulting party may recover such damages as may
be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all
payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser,and the seller
elects to treat the contract as terminated, then all payments made hereunder shall he forfeited and retained on behalf
of the seller. In the event, however, the non-defaulting party elects to treat this contract as being in full force and ef-
fect, the non-defaulting party shall have the right to an action for specific performance and damages.
12. In the event the seller fails to approve this instrument in writing on or before _ August 6
19_.7�__ or if title is not merchantable and written notice of defects is given to the seller or agent within the
time herein provided for delivery of deed and shall not be rendered merchantable within 180 dnya after such written
notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released
from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return
of the abstract, If any, to seller; provided, however, that in lieu of correcting such defects,seller may, within said 180
days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title
to be free from such defects and seller shall pay full premium for such Title Insurance Palicy. •
13. Additional Provisions'It_ is agreed by all parties that the main home with 5 acres
of land shall be valued at ,885,000.00. This contract is contingent on
inspection and approval on_ both homes within 10 daze after acceptance by
all parties.•
14. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser
and shall inure to the benefit of th7 heirs,successors and assigns of said parties.
c
Agent _Bob k eps Aucti.oniReal Estate Co (50%:.
T/y
Put a er James J. Da •a Date - -gyp nC'. (50%:
At, rid icy,
/J
c ., By n,ne
• Seller approves the abhvtlifthr t 1L4 day of August • ... 19 77 and agrees
to pay a commission of .. 6_ __.5- of the gross sales price for services in the, transaction, and agrees shat. in the event
of forfeiture of paymenu: made by purchaser, such payments shall be divided between the seller's broker and the seller,
one-} all�f thereof to
said broker, but not to exceed the commission, and the balance to the seller.
JJ&Ki Sl--rt-4(`lf--E.-LILL-t•.
Mar Seilbach Seller y sn,r
Purchaser's Address
Seller's Address - -
I
I t mar,inntab:•: :n the seder Subject to payment or tender as above provided and compliance with
the tab , ' ' :u .! r nldil!- ns hereunder I,, p'irchuser, the seller shall execute and deliver a good and sufficient
General rl, ,i,«1 to said gutChaser on January. 10_.. _ -. . ,19 ._ZB.,or,by mutual agree-
ment, at ti het :Is,r c envy:.lag said property free and clear of all taxes, except the general taxes for.19_-78_____.,
pay:n•:r •La-atev ,. I9 79 and except none . .. .
free and clear of ; .^, lion-: .,nd encumbrance. except: ___..none
and except ;.rat ic-I owing easements. __._ Qaly_.those__of record-vi sual or nf_canrraot
and su rrtn.:: ..> built`rtg and zoning reguiat ons and the fol owing restrictive covenants; __those_of record
.1: me -nu aecc requited to be paid may be paid from the proceeds of this transaction. .
not
Lase; 'or 19 78 shall/he apportione, to date of delivery of deed based on the most recent levy and
the "t,•,t :.rent a w„n:enL. .Persona m
l property taxes, I repaid rents, water rents, sewer rents, and interest on encu •
ra
bnee .ny,,,n ; all ater_ assessments, for1978Calendar _year shall be paid by___
purchaser . .. -
shall St apoornon d to daft al delivery of deed except that:
It, the tP ::!ng crops the seller and purchaser agree as fo lows: Purchafer to receive
19781 crops
li hour .n,l place of siesta;:shall be designated by _.Davis-Land Company_____.__—.
P. i'sst.rtoa u; ,:rerni.ses shall he delivered to pure!-.aser on__closing_.nd_deli vex-y_pj_.the deed
subject t.; he follotnn last r ter anc•ies -- __. none
ry.J, of tits: Peon, no d o11:TP to the impr' vements by fire or other ea sualty prior to date of closing shall
be on'.1e arIler,p!'r:id,-u ho'.veter!',tit if Lb. seller shall m. in Lain insurance on s.iid im ,rovemen is which will compensate
for he full repl.,cament value thereof, the seller may at his option assign the proceeds of said insurance to purchaser,
• in which case the purchaser shall complete the transaction s herein provided. tie risk of loss for any damage to growing
crop,by the ..r -.ther casualty shall be bor-le by the pa ty entitled to said crops as provided in paragraph 7 and such
party ah t1 le entitled to }he insurance prod is '1 - - ,
11. Tu. ,- :, „f the ,essence hereof, and if any pa aunt or any other ccndition hereof,is'apt made; tendered'or -,
r'.rorrrmn b:• •_il.her !.he -.,filer or purchaser as herein pr: Tided, then this con tr. et,at the option of the party who is not
to del:nu may h-• ic.-n„ncled by ::ui party, in which se the non-defaullinl party may recover such damages as may
be proper. In the event of suet, default h - the seller,and the purchaser elects to treat the contract as terminated, then all
payments made I.-cane shall be rel urn,d to the purchaser. In the event of such default by the purchaser, and the seller
elect; '.0 Ir:at :he contract .s terminal,d, then all payments made hereunder shall be forfeited and retained on behalf
of the selro.. In the event, Lowe•.er, the non-defaulting party elects to treat this contract as being in full force and ef-
fect, tb�• no;t default ng par::; ::hall have the right to an action for specific performance and damages.
purchaser
12- ;a the event the s<il - fails to approve this instrument in writing on or before __Dc.t.oher_J3
19.77._ _ __- or if title is ant merohantabl , and written notice of defects is given to thrnseller or agent within the
time herein provided for telivery 01 deed and shall not he rendered merchantable within tal,days after such written
notice, then this contract at purchaser's option, shall he void and of no effect and each party hereto shall be released
from ail nbiigat ion;; beret nder and the payments made hereunder shall he returned forthwith to purchaser upon refyr�
of the at',ract. if ,my, V seller; provided, how=ver, that in lieu of correct 1
ing such defects,seller may, within said 'J
daps, ob•a!n a rr,mnntment for tlwner's Title I Ism-mice Policy in the amount of the purchase price showing the title
to he free, Iron,such -P-tact-: and seller shall pay lull premium for such Title Insurance Policy.
13. .Additional Prm-,siun ' This-_contract-__ja subjgct_to sellers getting_ approval from
weld_aunty_ Planning_Commission for tworecorded exemptions on building_ sites —
located_on-farm,_- Purchaser to receive_1/2. of mineral rights sellers may- own if any.
Purchaser has thirty (30) days to furnish seller with written loan committment.
14. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser
and shall inurp.to the benefit pi theheir., successors and ssigns of said parties. Purchaser agrees not to
record contract,
Agent Melaney_ 6 Co. and Davis Land Co_
•
Ily'
Purihot,r -- .... .rs .v..,.
Dale
-.C 1e11. ,ipprov,"s the .,b•,v contract Lhi:. -1 i cay of tf tt , 19 2? _ .and agrees
to pay a r,m mis.:ion ul 6 of the gross sales price for services in this t ansa.tion, and agrees that, in the event
of furred " „ p::, , na .. pul•h.�>r e such p;,ymi-nts shall be divided b-I wren the seller's broker and the seller,
one-halt It. re, , ., r not to ex,eed the commission,and the balance to the seller.
W i ,k C
sew,
_. - - , -r
•
SPECIFIC PERFORMANCE CONTRACT
(FARM AND RANCH)
-.-.--_Gr ��€ ►}�-_-_-__ _. _ _T_, Colorado_______Qc_tober 19 _.---__-- , 1912
RECEIVED FROM _Samuel R_&_Barhara A. . Sc17machtanhPrger_
Purchaser(as joint tenants),the sum of _1.OQO OQ ,in the form of a check
to be held by_. avis...Lar d-_C .__._- __��___._- ,broker,in his escrow or trustee account,
es earnest money and part payment for the following described real estate situate in the _5.a-id —_
County n: ..—._... . £1d __ .._. _,Colorado,to wit:
_Pricf—to_inc1ude_.applcoximately.acres, home,. out buildings, corral iaci l i ties
and corral_ Known as lot A on the_...SW AA_. Sec. 10, Township 6, Range 67_ W of
with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent
nature currently on the premises, except as hereinafter provided, in their present condition, ordinary wear and tear
excepted, known es ..___.__Jake_..S-ei Mack._HnmQ
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ - 75a QQ •AO - ----• _- ,payable as follows: $ 1_:QQQ,.QQ_ _ ....__hereby receipted for,
_ — 74.QQ�00 -
_Terms: cash at closing
1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not
to exceed $ --_--_.and it is a condition of this contract that the purchaser may assume such encumbrance
without change in its terms or conditions except
2. Price to include the following personal property:
to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes,
liens and encumbrances,except: none
and except any personal property liens in any encumbrance specified in paragraph 5.
The following fixtures of permanent nature are excluded from this sale: 11. ne
3. Price to include the following water rights: _ none
•
4. An abstract of title to said property,certified to date, or a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall he furnished the purchaser on or before
---3s.=,'!. ; 19 70. . If seller elects to furnish said title insurance commitment, seller will
deliver the title ir.; r,, ,..2 policy to ptirch's4r after closing and pay the premium thereon.
1 I -`
r
;n: ',:i,er. Suhjec' iu pay rner,t or tender as above provided and compliance with
the o „ nt ntal t.drti< IS her! tind r b irehaser. the seller vhall xecute and deliver a good and sufficient
General , arras ty eed 1 : !d purer r :nr Dec .stetr Q Z 'C e ". 19 7, ,or,by mutual agree-
ment_ .,: • r,:•c ?It( vine ,.,,,! property ire•and c Tear of all toes,exec pt the general taxes for 19 77
payable -a.. • 78
free am eurol all m:and ;,, uml,r.n,a:.except.-
an a n ,: .. ;:,, na ersrments: only those of recorrl--_—
and s'.bit „! l and zoning r tum.liontt and the knowing restric-lye covenants: Only those of record
Any _n einiran acir.d be paid may be paid from the proceeds of this transaction.
C., t taxes ;977 __sli i! he apportioned to date of di livery O1 deed based on the most recent levy and
the most ree r: a ,e r-,-nt.. 1 etdatal property taxes, prepaid rents, vater rents, sewer rents, and interest on encum-
brances, if an:.
shall be:ten. .-ti.m l 6.9e of delivery of deed except tit t'.
esi ro the gr .•up crops the seller and purchaser agree as fol owe' __purchaser_receives
none
noel ama it;see n,. closing shall t>e di sign_ite by Davis Land Co.
- . premises s,.ai! he delivered to pure 3scr or,A&reement between seller and purchaser
subject to the -- 9:,wr .,.•s orterem t_-s none - _- - — ---------
Tr- l<7 •n Inn i rem ::'1y dam-pia- to the improvements by fire or of ter one.ualty prior to date of closing shall
be on'i,.-sent, ,aided however :he: if the seller shall maintain insurance on s id improvements which will compensate
for the i all ,.r rnent val'•:e thereof, the seller may at his option assrgn the proceeds of said insurance to purchaser,
in which e se toe pa hn er r,onpie-e the transaction as herein provided. The risk of loss for any damage to growing
crops, by fire or ether ra^.;Ity sea!! he borne by the party entitled to said crops as provided in paragraph 7 and such
party shall be eat stied to I❑e ,nsurance proceeds.
11. Time '.s - t`:z wscc,tce hereof, and -f any payment or any other condition hereof is not made, tendered or
perterrned by either the -elk-c or purchaser as herein provided, then this contract,at the option of the party who is not
in defeelt, e:.,y be term.ina:ed by such party, in which case the non-defaulting party may recover such damages as may
be proper. In -he event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all
payments sad( here-in shall be returned to the purchaser. In the event of such default by the purchaser,and the seller
elects to trea: the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf
of tnc seller. In the event, however, cue non-defaulting party elects to treat this contract as being in full force and ef-
fect, :-.e non •i,faelt.::g party shall have the right to an action for specific performance and damages.
12 in the even-. the seller fails to approve this instrument in writing on or before _._ October 21 _
19—.. 77 . _ , or if title i, not merchantable and written notice of defects is given to the seller or agent within the
time herein provided for delivery of deed and shall not ,e rendered merchantable within 180 days after such written
notice thee, this contract, at purchaser',' option, shall be void and of no effe,t and each party hereto shall be released
from Al abligat ions hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return
of the abstract it any to seller; provided, however, that in lieu of correcting such defects,seller may,within said 180
days, obtain e rnnninnent. for Owner" Title Insurance Policy in the amount of the purchase price showing the title
to be free from such defects Arid seller shall pay full premium for such Title Insurance Policy.
13. \aeh.iom' ProvisieUS Cantract-§stuff b'-c_t t_Q- through P_ ..removal of_easement said ro-
_ - - - - ----- --
perty_ and land to be extended-__100' North of present survey stakes of said land.
,Price to include. present domestic 5/8 water tap to said property and subject to
recorded exemption approval.
II. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser
and shah :ewe to etc nen. l'ii „I the heirs. successors and :ssigns of said parties.
„GI
/1�-r12y2,t•C// s!-6 +� e �z -"C gent DAVIS LAND COMPANY. _
� I
By
Purchase r Mote
L
Sent: appr,w 1.r .,hov, e: n!ract this '2 i day of u L , 19 7 _and agrees
to pa;. a in - . . Ce , of ahe• Z'tiy, sale, price for services in this tram nsae ion, and agrees that, in the event
of for,. .•c _ -. e r, ., _etch payments shall he divided belwe,-, the seller's broker and the seller,
one-lee h r',t n' . ...,-'r ' ,'.,, t. o%.'d the commission and the bol:inc'e to the seller.
/
Doer a 7
I
T
Jake & Mary Seilbach
RE-290
REFERRALS
November 8 , 1977
County Attorney
County Engineering
County Health
Ken Henschke
Box 627
Windsor, CO 80550
PHONE: 686-7476
i`it 'sot, Towtj OW/11480r
trek
WI I; P.O. BOX 621 WINDSOR, COLORADO 80550
November 22 , 1977
Department of Planning Services
Attention : Mr. Ken McWilliams
Weld County Centennial Building
915 Tenth Street
Greeley, Colorado 80631
Dear Ken :
The Windsor Planning Commission recommends approval of
recorded exemptions number 290 and 291 .
Thank you for bringing this matter to our attention .
Sincerely,
TOWN OF WINDSOR
Ruth Fidino
Town Planner
RF/jc
Av.
,V 1.,1/
RE EIV`--_ )
L
c F 'rr sign , )
t
tea ;
/
1 -I
BOARD OF HEALTH
Weld County Health p�{ealth Department DAVID WERKING. DDS Greeley
FRANKLIN D. YODER, MD, MPH RALPH MB. Greeley
Director 1516 HOSPITAL ROAD WILLIAM BUCK. Roggen
GREELEY, COLORADO 80631 DORIS DEFEKE. Greeley
DONALD HERGERT Windsor
13031353 0540
ANNETTE M LOPEZ. Greeley
HERSCHEL PHELPS. JR M D
eeley
KATHLEEN SHAUGHNESSY. Ault
JOE STOCKTON. Grlcresl
November 21 , 1977
Mr. Gary Fortner, Director
Planning Commission
915-10th Street
Greeley, CO 80631
i
I
TO WHOM IT MAY CONCERN:
J
4 •
4
This department recommends approval of the Recorded Exemption as
requested by Jake and Mary Seilbach located in the SE' , and the
E', SW4 of Section 10, Township 6 North, Range 67 West.
Sincerely,
•
t11,. /74,(1
, hn G. Hall , M.P.H. , Director
`i'nvironmental Health Services
JGH:dr
i
4
(
1
•
mEmORAnDUm
WW67-1111De Planning Commission December 5 , 1977
To Date
COLORADO From
uaeR Jake and Mary Seilback-Recorded Exemption
Subject:
EaSW* of Section 10,T6N, R67W
No engineering problems anticipated with this request .
Lot BB has deeded access road
through Lot A.
Gilman E. Olson
mfm
F
FIELD CHECK
FILING NUMBER 1:-5-/q/77
/-
NAME
REQUEST /CZ ? /
LEGAL DISCRIPTION _ :2SL4) zf
LAND USE N
S
70NING N
LOCATION t3//
•!Q .��t /L1
COMMENTS :
v 4
•
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Ea S 1414 5ec io ) i 6IJ, R &7I Rea CH
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X53-B
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x53-B
SO I capab r tf►e.5
try ettek r
A≤3- 8 ZLe
I
BOB
KREPS AUCTION/REAL ESTATE CO.
l
4,
November 17, 197`1
RECEIJt-L
Mr. Ken McWilliams
Assistant Zoning Administrator
Department of Planing Services
915 10th St.
Greeley, CO 80631
RE: Request for recorded exemptions on parcels described as the
Elh of the SW% and the SE% of section 10, T6N, R67W of the
6th P.M., Weld County, Colorado.
Dear Mr. McWilliams
As Broker for BOB KREPS AUCTION/REAL ESTATE CO, I have represented
Jake and Mary Seilbach in the sale of their farm near Windsor.
Enclosed please find a copy of a letter to James J. Davis from
Jake and Mary Seilbach concerning these recorded exemptions.
Mr. and Mrs. Seilbach do not plan to have a representative at
either planning commission meeting, but possibly Mr. Davis
will be represented.
If you have any further questions, please do not hesitate to
give me a call.
Sincerely
Bob Kreps, Broker
BOB KREPS AUCTION/REAL ESTATE CO
jmk/BK
Enclosure
cc: Mr. Ken Henschke
Windsor Planning Commission
928 13th Street • Suite 1 • Greeley, Colorado 80631 • 303 356-3943
I
Y' �,,
1 yt
\I; DEPARTMENT OF PLANNING SERVICES
PHONE (303) 356-4000 EXT. 400
I
915 10TH STREET
OGREE LEY, COLORADO 80631
COLORADO
November 8, 1977
Jake and Mary Seilbach
Route 1 , Box 69
Windsor, CO 80550
RE: Request for recorded exemptions on parcels described as the El
of the SWt and the SE* of Section 10, T6N, R67W of the 6th P.M. ,
Weld County, Colorado
Dear Mr. & Mrs. Seilbach:
Your application and related materials for the above described request
are complete and in order. I have scheduled a meeting with the Board
of County Commissioners for December 12, 1977, at approximately 9: 30 a.m.
Said meeting will take place in the County Commissioners ' Hearing Room,
First Floor, Weld County Centennial Center , 915 - 10th Street , Greeley,
Colorado . It is recommended that you and/or a representative be there
to answer any questions the Board might have with respect to your appli-
cations.
It is the policy of Weld County to refer applications of this nature to
any municipality lying within 3 miles of the property in question.
Therefore, our office will forward conies of the applications and
materials to the Town of Windsor for their review and comment . According
to our records, the Windsor Planning Commission will review and comment
on these applications at their meeting on Thursday, December 1 , 1977.
For further information concerning the Windsor Planning Commission
meeting, please contact Ken Henschke at 686-7476.
If you have any questions with regards to this matter, please do not
hesitate to contact our office . •
Respectfully.
Ken McWilliams
Assistant Zoning Administrator
IM:kmh •
cc : James Davis
1221 - 3th Avenue, Suite D
Greeley, CO 80631
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' PS Form 3811, mar. 1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL
r ---"' REC0RD,ND DATA — MAPS b PLA'-"
7 -�10—4 RF9Q1 —.--�-�----_.'_-
NAME OF SUBDIVISION RE_ EXEMPTLH-�+—Q8-D ----
NAME OF SUBDIVIDER
Jake 8 Mary Seilback
Township 6 North,_kano�6?. West of the
LOCATION ATION OF SUBDIVISION E2 of SW4 of Section-----•—'
l��izs3
JAN 1 1 BOOK 819 RECEPTION #
DATE OF RECORDING �-
MARY ANN FEUERSTEIN
-------------
MELD COUNTY CLERK AND RICOJDER
BY
DEPUTY COUNTY LPRK & RFCO
Rnv
-
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