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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� i 4 ti �? ' ' 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 1 4'ECO.QDED EXe-A9a)/O/Y 'ES 0807-I0- 3 -RE291 '; ( , /0727 N 775.78'" Arcs /in/ O"6.?/Acre Pead,eOW> scale /'>sV' LEGEND • -, ,,, -re/ / 7- �J '9 V v se/cofc • -"in 4anom L�/ H • le- ?weer,' / Crys ) a `• •.1i/.i.a•� .SZB/*gL'RES �) y .-rs' 1iilc/0.28/+Aces)s/ q« / ie le.Rd 7o A.O.w./ 0PN 'P s ;Ser./� � so.o ZV f !�_? ■ i �4 7. .7r-. r, Cirliatgr /L� m9e/s / i 1 �l9"y s`p��' ,S«//,Line . 4/Lbr ' . zAw-nAir sec/0 Sec/D OF BEG/NN/N6 ra,.R67/r- /wig-atJEG/4G 4/ - La/ :4 £2B!,4c Lo/ -dr- 7-C76i 2c olvNE,QS' TOTAL B/06 '- Aterrrs JAW,ano'JIAMV SE/LB.4C.k RT /, BOX69 W/4YDSOR, coy&. gze≥' 4 3 2 () /O ti f27/. c o \ lirA'� Go on/Y me" 70 /6 /3 /4 /7/O/y/Ty "4/1/7 il fre Sce/r.-/L i est //7L08i//r79 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 e0 17—— t.94111) PUB I aty 27 /9(0 My Commission expires : JJ IL ifill111 ; s. 4• ti f1 r k. ..t*,..- - . .Ar•N. ,a , � , .y I'. , } 3- • ^.. , . 'h z.�*:74,1i.le, k, • _ °:SJ 17 d6" k�. V rJ :M1 afFy / l ...e.'9 //.IIIII4 'Cr' 4 �'ti z. A ..�, i —r'^^ " 3 eft I � • hi ..M '� s` v >t ! hR t u_� y F .i4�� . i fF h a k �r 4 "yl bw ='- nova °� -1.,,,,,,-,;l : < Mh y�• • v Yln �i -- to `I -a . `x i {.Y' ix, xj:� '' -� '-',”.3•'‘.,:•=.;.,-.‘,:. „ d w t 1 {, f �s i Ra,. 77 :. k is p„ , q i '�r7h' iii tl y �";"' ...� �j y�y i { q'• q. . xy dµ' _ Y i 1, � � > ..,/,'W , nls h syg � s , ' _ . Y 9 .e - r t Jx A w 1 .. / F I4I4 s e. ii t a J{ � 1 * m �+ �:: rope° �@ � ' . • 777 1 y * 1' .‘ - e a x, 'I\ 4 e i. ° & k N@ } pp ~ �' k d1 *'Cq• r .• - 11 F I-J • „y 1 f° a � ayn. > �� Alr 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 = }- Ig - __-T� 111_., I r :rBUCUXENfAPmorn I= , M,,. I m ,.......a °iuca aco e • I , •r. • 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 .. • 1 I a I Q � i • 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 • c. '1.14 • r-2( � t J Ea S 1414 5ec io ) i 6IJ, R &7I Rea CH i X53-B X53-c 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 • , leis el e e se e • In — WJ pp W Ot ,w w W of Cr) ¢ �§ '� w = o., a3. N < > r , 2 a o a¢ o>j y W 06 Q ipv > 0 O¢ O, O� O�wp W /y\ =coW \ V V W N. o ` W 3? 0— 3. oo_ 0 W , CC LIE N r , �d w Q J r ¢ ryu 2 F VCJ O 509-C12- \ LL u Saw 3os≥ _ ≥ p3Ws w 0 ZQ LL ss v l`+,gz ,� z.v o T w <g y<o ,noo Act'. < C \ d zz \z1ya �.w P o, cr 30IAtl3Sldl303UNtl013d o a \ 0 o Yw w W z c i5 o S301AU3S ltlN0lld0 F In Wm r- a•'2 S33d UOd H31SYWLSOd 1lfSN0O of 2 S '�'.r 9L61'AV'OOS6,...03 Sd M b el o W ea D € I w \le h. R u ¢ .S o 2 `e >s° \ 7 § uv. v W = e G V• k I'll �, v v $ a 9 a l : -1 o 41 4 o 9 2 3 00 y w V M ygg Q N Q y F , 2 C % Ll 2 L+ 1 s m • 3 p y o $ W o w o D V\l u Q � S re ei C 3 3 2 3 U 3 f' Y u o I❑ n `E W 9 ; S OQ S Q„ c a t O V D µi WO �L g 2 O W a u&w M 6,if�/1 aiM CO 4.1 Wd> < �O t m a' HN V N .p ' 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 - Hello