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Home My WebLink About770702.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 290 - 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. 290, being the property of Jake Seilbach, and being more particularly described as follows , to-wit: The Southeast Quarter (SE4) 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 2-1A (3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners 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) . / 770702 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 WEL COUNTY, COLORADO %y am-z7.t e0A-0-44,--___ lirldtATTEST: ""'"" ;) Weld County Clerk and Recorder and Clerk to the Board,- $Y Q`c2- n, w Ld I\ ��-ti-" C-"% / Deputy County Cl c APP ED AS TOFORM: . � d __A _1 County Attorney -2- Date Presented: December 28 , 1977 12-28-77 Jake Seilback Rt. 1 Box 69 Windsor, Colorado 80550 Recorded Exemption #291 RECEIPT FOR CERTIFIED MAIL-30k (plus postage) SENT TO POSTMARK Jake Seilback OR DATE STREET AND NO. - Rt 1 Box 69 P.O., STATE AND ZIP CODE (1._i (`(�l[�ya �pj SS c-_ W1nWAt SERVICES 79R 71�RI01(�L0aE.1`0 L,, RETURN I. Shows to whom and date delivered 150 With naw,a.,,to anneoeeee only Aso RECEIPT _SERVICES 2. Shows il 1IYM1 031d11N30 ONV 03aARNI '0313111031 '1413031 N1fl13l 9161'ANN'lilt RNei Sd DELIVER TO ADDRESSEE ON(hhyy�yy 1� O SPECIAL DELIVERY (extra f N a 9' \ e /p 0 W !e r e+ • 11/~1«1---111 PS Form mow/ C Apr. 1971 3800 N0 NN i °o �,� 9 i E w 41 . 1 O ❑❑P V Ili WI fi f 8' ig ,° \ wy m ri oYym f]+ I-+0lPsa� 8 8 0 �° � 4 � � a a5UO tticnia s $ g.� �� en 6v � al oY 14 on cntr O6Oa6A Sgg,1. I CU en .1 9 4 z.. ! . 0 5 r oc g -eig• 'itt2 Ir £., o. I I.1 v a RLa. F 6.ti t. > � 4 1 74.. ] z4 .. 2 1 a ' m D ,� '� p YQ 1 y w 0 L s z • Aorc nD £t44fP7/O/Y /Y9 0807- 10- 4-RE290 LEGAL DESCRIPTION The Southeast Quarter (SF' ) of Section 10 , Township 6 North , ( Range 67 West of the 6th P . " . , '.field County , Colorado . s ° P. /� it SURVEYOR' S CERTIFICATE I hereby certify thatytb ' ;!nOt was prepared under my supervision ; np t was prepared under my supervision; and that the same i c s,", drxea1ct the best of my ]'nowierir.n and belief . '! ' '� JAS )E - FRI ,SF COL Al P . E . & L. S . NO . 4'392 "+ �� 8 c 011 - OWNER 'S APPRO Al. m 1 We , Jake Seilback and Mary Seilback , being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map . (;,take Seilback Mary Seiibckl The foregoing certification was acknowledged before me this day of �-DJ("— 1. , A .D . , 1977. My Commission Expires : /921J—‘,/_ ,2 witness my hand and seal . 7 ; T7otary Public PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and )p1 wed for �fi l ii n r ti lIRMAN ATTEST: " 0 FcN"„ !� .l�. �� CARP OF COUNTY COMMISSIONERS County Clerk 92- "a 4474 C;IntAnal • tr r _ . Dated /eit f 7_ Yteese C;/zgin7eerin i . AECOA0DE4I LArA 'r/D/Y /V9 080 (— I0-4 —RE290 E% See/o • ti L aT n sere- • /'=.roo /sB7& s Acees • -p,, s�et ci sc7 Sire Y Ac rs rat,.e.0.s./9 ■ /9 Y/rne/ w-3e' .••—•so' !Ol fl • Eos�L,�e 960e AG'E'S Ss9:s'9 i�7 E. Sec/O /be/i237!Acrer 337./0' -'se/"„ l"%' (0..7L 7o RO.wJ lsrr:ea").ktiEs, 4 • e 8 h a1 y 4 Nif'OR` 1 is ti /Att/0,1elf COP • sg e j/.r rec.'s/fr. 6, f !raked /3/6.3S' -4y /A/T DF Set /g `-Co SA Ling' 394.Bo• - I _sc-c. /o 7.P//E Av/il/T BEIs/NiY//!/le /�96. 9�' OF BEG/iYH/Nlj Scr Cor .S'Pe./O C-C7 !DT v 2. 9& Aar "B" /rd. 70 TOTAL 66 aerwLes ✓AK! anal, /A.4/'SE/IBAC* .4T /, z30.4'69 4 3 2 9 / 7O7- -—__ // B � / I r fo riwfj /z,/ 7O 111 A' 4/C'/N/TY :czar:/'reat,- 1 2 eaesecerigapeengs 4 ft II 411;:' DEPARTMENT OF PLANNING SERVICES WI PPHONE (303) 356-4000 EXT. 400 C. 915 RA STREET GREELEY,LE V, COLORADO 80631 COLORADO December 12, 1977 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Recorded Exemption #290 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 SE* of Section 10, T6N, R67W of the 6th p.m. , Weld County, Colorado. Said property is located z mile north and 1 mile east of Windsor. The subject property contains 161. 660 acres of Class II , III , and IV irrigated soils. The request is to split the property into parcels of 2. 960 acres and 158. 70 acres. The proposed 2. 960 acre parcel contains the existing house and out-buildings. The proposed 158. 70 acre parcel is presently unimproved agricultural land. It is indicated in a letter dated November 7, 1977, submitted by James Davis of Davis Land Company that Mr. Davis has entered into a specific Performance Contract with Mr. Seilbach to purchase the property in question. Mr. Davis has subsequently entered a contract with Dr. John Norton to purchase the unimproved agricultural land excluding all improvements. Dr. Norton does not want the buildings on his farm since he will rent the ground 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 would be compatible with 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. Respectfully C 4411 PLC Thomas E. Bonn Zoning Administrator TEH: sap a I AP. iCATION FOR RECORDED EXEMI .ON • . . Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : LAND CODE : CASE NO : T : S : 1 /4 : DATE : //- '3 7 7 LEGAL DESC . APPR : APPL . FEE : CD,w APP . CHECKED BY : RECORDING FEE : ¢, S DATE SENT TO BOARD : RECEIPT NO . : 00 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 Southeast Quarter (SE4) of Section 10, Township 6 North, Range 67 West of the 6th P .M. , Weld County, Colorado . ACREAGE : LOT "A" 2 . 960 acres ; LOT "B" 158, 70 acres ;TOTAL : 161 . 660 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 Seilbach ADDRESS Rt . 1 . Box 69 _PHONE : NAME : ADDRESS Windsor , CO PHONE : NAME : ADDRESS 1I-PHONE : WATER SOURCE Lot A - £.xisn. .S IJ. (0JeJd t al- 13 ` sec. IeALw TYPE OF SEWER I A - 'Stan• c Sct •G Lot 63 - ser C PROPOSED USE Lot Q - _ _ 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 dge . COUNTY OF WELD ) STATE OF COLORADO ) ip.11-a2 Sign tur : — caner or Authorized Agent Subscribed and sworn to before me this /2. day of artist , 19 ;7 /4? SEAL I' e� ni U8L1L� 77 2 ? /f to My ctlmmission expires : u • t. t 1 "i r f 4 , 1 ' +' i. i ,i, '"�kv .✓,' { t{µ , x '"'X�^i�., St YY ''T ivy.{ Y f h p i'n�diy�y y� : �� \\\it'd i..b..,pi �' •r .� ?.tk 1 45 + " it4A7 f .. n.,r 4.. 4 T :,� Y, X44i4 ' ..,,,•:.4.4.,„ ,,•:.4.� �f -.i' �� ' � ,:1/2114;i, ii,i—,4 1 '�1 ry �`l .441 r F. f .,,u )�'¢ q 4 k i 1,, :lora* ',P^.1.(1 c4, / '''''',' ‘,..,., "it,41, ‘ :-iv cfff, .p ..1:::**,' , A,. � t a r r .y , :4 t �.. �" , 10,.+R rl x d� ",... r,,rtt g ,11 9 4 1 " r { I E► � 9.16 3, x- G�' J ;,, _. 1 �j 8' $ i klr say it' ' p.. x e} 4x7 • - JI ' ,, ,,r el..,!....,_ ` .. o . fn; .may' r� 'r K , r -J. 4. „_ � ,9.7�_ t.r 1 4c' .o'M a N • j 't+� wt, f > 4. v, .. t�:a x C u :i....7::::: fir71111::h.l'',...,:i '^ 711 ♦ d ' r.,. �y -1:1�y A" dl,,, 74: 1 Itril4t:s+'.fit, I. ♦ : r Pli,kir. � ♦'., ff d}�.wJw� S� L / y �y y i,t� kiii :its' W'b H .war. t WI .0 4 • 4 KO � e d '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 ' of the Southwest 1 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, x/' James J. Davis 1221 Eighth Avenue Suite D Greeley, Colorado 80631 353-9900 / I I tom, .. .. . . •.:nrnocR°M+ ., ......I -, {. s,. 3. , October 11, 1977 teb Cr- -K Mr. James J. Davis Davis Land Company 1221 Eighth Avenue Greeley, Colorado 80631 Dear Mr. Davis: We are returning to you herewith the two Applications for Recorded • Exemption 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 us shortly after January 1 , 1978. It is our understanding that you desire to initiate the proceedings to obtain approval of the recorded exemptions as a part of your proposed use of the property. It is 1101 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. ® We have signed the Application as an accommodation to you and are delivering them to you upon the following conditional 1. That all costs incurred in connection with obtaining the recorded exemptions will be borne by you and yoy.will hold us yharmless 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, iheet 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 Seilbach / j) k - H.1: ( / ; .t'c/ Mary Seilbach : ii _ _ , —,,/ Enc. rSIM DAVIS BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE /�� 4 HIGHWAY 85 LUCERNE. COLORADO 80846 GARY SIMPSON + yIA TOM REED ,`,' -.' l LYLE NELSON. MGR. • ' - P.O. •02 66 • PHONE 356.3020 October 25, 1977 TO WHOM IT MAY CONCERN: RE : Water Service Dear Gentlemen : This letter is in response to your inquiry regarding water service to the following described property • Lot B located in the SE$ of Section 10, Township 6 North, Range 67 West of 6th P.M. , Weld County, Colorado ;"rater service is presently being provided to the above described property . ' 2 . X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void. Additional comments : Sincerely , NORTH WELD COUNTY WATER DISTRICT le D . Nelson . Manager LDN/rr 11 1 ?I WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STAVE OF COLORADO ) COUNTY OF WELD ) 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 Southeast Quarter (SE1/4) 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 Reception no . , Bcok Reception no. , Book Reception no . , Book Reception no . , Book Reception no : , Book Reception no . , Book Thi Certificate is made for the use and benefit of the Planning Commission of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of STEWART TITLE COMPANY is hereby limited to the amount of the fee paid for this Certificate . In "i tness Whereof , STEWART TITLE COMPANY has caused this certificate to be signed by its proper officer this 27th day of September , A. D. 19_Z_7, at 7.45 Ali, o ' clock. STEWART TITLE CO:\ COMPANY � By Y A�[1�h `SArb TURE5 ., • -.. • • "' - rate_ to A. srra A DEC 491968 / fi 576 - �,w 1498476 / .- - I-I is Ipso.� II l . . .. - I ._ - WARRANTY DUD - 0 KNOW ALL MIN BY TSUI PRZWTS, That Jacob Winder, Jr. i .a vof the County of Weld and State of Colorado, for the consider• I . o ation of Ten Dollars and other valuable considerations in 0 o hand paid, hereby sells-and conveys to Mary 8eiibaeh, of the ` p County of Weld and State of Colorado, the following real estate x.�i and property situate in the County of Weld, and State of Colorado, c to-wit:. , The Southeast Quarter (Si*); the East Half of the Southwest Quarter (R]SW}) of Section Ten (10), Township Six (6) North, Range Sixty-seven (87) ' West of the Sixth Principal Meridian, together with four (4) shares of Windsor Reservoir and ' Canal Company, four (4) shares of Larimer and - . Weld Irrigation Company, One (1) share of The I ' Finley Lateral Ditch Company and 200 units of Northern Colorado Water Conservancy District water together with all its app tenaacee and warrant the title to the - same, subject, however, to the following: I 1. Any and all existing easements and rights of way (p of whatever chareMer, whether created by deed , `d or now existing oa said premises, be that for iI 4 ditches, canals, pipe lines, roads, telephone lines, - NI power lines, or any other purpose. 2. Inclusion within the Northern Colorado Water Con- servancy District. a 3. Reservation and patent from the United States of c-$ America. 4. 1967 taxes due and-payable in 1988, r' v =Signed and deliye�{ $„ ie_l3th day of December, 1988. ec:fiuy-- - 3mrI!n4„nxm__frerfY '• III• ::!000UMENYANY= • • .rww,,.�07 COhO11ADO ) - r'Q,‘S'H or WELD ) ea jib 7 e foregoing instrument was acknowledged before me this /2 -C4- ( .., .~' t s.. OS Leg:,December, 1988 by Jacob Winder, Jr. ^f ei. WITNgSB ay hand and official seal. My commission expires: ( df/949 ' - Y 41 otary ' SPECIFIC PERFORMANCE CONTRACT ,.FARM AND RANCH) , `^ c reeley Colorado. August 5_-- . 19. ._ • ç .. ;RECEIVED FROM _�itC._ e _ 1-. ._ itv "_, � ?": c: Purchaser(as joint tenants the sum of$ ,in that form of note =�' � ..� •�j�l: BOB I S AIICTI0N/1 AI, ESTATE CO to he held by..._.__.__ ,broker,in his escrow or trustee account, air earnest money and part payment for the fo'lowing described real estate situate in the _ Said_��__ aunty of Weld_.._........___ __.___...._._ ,Colorado,to wit: The Southeast Quarter LSV) the East Half of the Southwest Quarter (E aSW)4) of Section Ten O.0),_Township (6) NorthLR.ange_ Sixty-seven •(ti1) West of the. Sixth Principal Meridian, tagether with all xater�_water ri.g_htf ,_ditch rights, appurtenant to eal..i property, plus two (23 irrigation wells properly registers and ad 1u at.esL th the State of Colorado& i.e. #1 -- #2 143?1:j aka any ti all mineral R- hts now owned by sellers to be co.xveyed to purchasers, with all easements anc rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on th: premises, except as hereinafter provided, in their prese It condition, ordinary wear and tear excepted, known as _Seilbach Farm _.._..._- which property purchaser agreos to bu:' upon the following terms and conditions, for the purchase price of $ 5O0t00o.OQ .-.. payable as follows.. S hereby receipted for, $ 475,000.1 )__payabie,std follows: Balance of $475,000.00 plus normal closing costs shah bg__paid_._ia_.cash .o1`_.certified_-funie a1. he__tinip of clnai $25,002,00 bereby...roCeip cd.for in tha form of A pcomi.ssory- payable _days after_acceptanc-e.-of_All panties. If note to not converted-- to cash within.5__daysc_this contract small hes:nnIA null Find void. --- i. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to exceed $ i�-.__._____._and it is ri condition of this contract that th? purchaser may assume such encumbrance without change in its terms or conditions except __- _ -- 2. Price to inciuie the folowing personal property: Pumps and i]Ot02'6 Rertal Itg o irrigation wells plus two domestic water taps. I'umpi3agcy Motors to be in work ng condition. to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes, Bees and encumbrances,except• _ None and except any personal property liens in an: encumbrance specified in paragraph 5. • T~e fcllolving fixtures of permanent nature are excluded from this sale:_ Norm 3. to include re following water rights: .Four (4) shares of Windsor Reservoir and__— Cana company, four + shares of .arimer and We. d Irrigation Co panys_0ne___,_ _.�Z _share of a inlay Lat.eral Ditch Corn tn�ran� 250.units of Norther g__---_-- - 'iSlorado Water Conservancy Dist riot water. 4. An abstract of title to ;u i +idol, r:t• ,•c t,fird to date:,or,. s urren commitment for title insurance policy in an urno.int equal to the p:.rr patio -,ption and expense, shd I `>e furnished the put •haser on or before December 1 ,e; •lt ,r.lit r t•lertx to fu,nian ::nit! nitle insurance corn nitment, seller will dei•t-cr the title insurau•s• tw;:••t is, l,,:rata's;After ••io,iu;;•,end pay the premiut. thereon. a r ^ ^ 5 Title Shall be merchantable in Lit. ••filet Subt+•..i to payment ..r let ii. tr.•etiled .++.+i. • mpl.,+n with the other terms and conditions hereunder by purchaser, the seller shall ••xecute and deliver a good and sufficient n aenera�___warranty deed U. +td pur+h:rs�r on _Jan rY.XQ , 19 !8 ,or.by mutual agree- 78 ment,at an earlier date,conveying said property free and clear of all taxes,except the general taxes for 19 . .. , payable January 1, 19 79 ,and except None ._.__ ._..---_ _--_. _._... . . .... ._ ._._...._ ._._...._ ._...___-.._..-._- free and dear of all liens and encumbrances except: _lane__.-.__.._ __._._.____..__...._._.... .._. .__._ .._..._._._-_...._- and except the following easements: T2 Q8. .Or._PIcA ,. visual_ar_-OY contract and subject to building and zoning regulations and the following restrictive covenants: thOSe. Of I'ecCrd _� Any encumbrance required to he paid may be paid from the proceeds of this transaction. • Q Not Be 6. General taxes for 192$__.shallAt apportioned to date of delivery of deed based on the most recent levy and the moat recent assessment. Perspnal property taxes, prepaid rents, water rents, sewer rents, and interest on encum- brances,if any,and _all_water 197$ calendar ►ear shall be_paid _ 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: ..PUrcbavere...tQ receive the...1978.Gro&_..._----......_. _ _ _ _--______._._ 8. The hour and place of closing shall be designated by _ crepe Auction/Real Estate Co and kg—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 be 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 case the purchaser shell enmplet.e the transactiot 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 it' 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 be 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 19_.Z� .___—,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 days 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 sa,d 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 Policy. - 13. Additionam Provisions:Ij is agreed by all parties that the main home with 3 acres of land shall be valued at $$5,000.00. This contract is contingent on ___is pecti.on and approval an_ both_homes within.; 10�days_after acceptance by all parties. . 14. Upon approval hereof by the seller, this agreement shell become a contract between seller and purchaser and shall inure to the benefit of g heirs,successors and assigns of said parties. cat-resat .i _-.__ ..4/0l Agent . Qb r.x.0. Aucti al..Estate..Co (5c . liur / r Jaaes J. Da 's ;. nafe • A ,.an d tg . (50%. V Per • + By I):rte 2 .► Seller approves the.tb c. r 5� ""� , . day of August , 19 77 .PP � $� - and agree. to pay a commission of _. 6. .- of the gross sales price for services in tilt, transaction, and agrees that, in the event of forfeiture of payment_: made by purchaser, much payments shall be divided between the seller's broker and the seller, one•balf.thereof. to said hroi:.,!r, but not to esce,•d the commission,and the b•+lovee to the seller. takes evil ilsetter `'.i' — Mary Seilbach seek•: Purchaser's Address . .. • • Seller'] Address _ i I r SPECIFIC PERFORMANCE CONTRACT (F ' RM AND RANCH) —Seeley .�_--- ._... .,Colorado __-- _--_October 11 _ . , 19. _ LECEIVED FROM __._John INQrron .k.. ssignees_ Purchaser fas joist tenants),the sum of$ _. 10,110a.01.) .. . _ , i.i the form of to be held bs ___-Davis_Land Company_..... —__ ,broker,in his escrow or trustee account, as earnest runny and part payment for the following described real estate situate in the sai d — County of ____Weld .__-,Colorado,to wit: —__T .e_�.Rte. ; the E. _1/2 S of Section_.10,__Township .&DL,..-Range .-62 West-of the 6 F• 4,,together with all— water, water ri_ghts_,_.di .ch ..rights...appurtenant. to said..proper.ty, .irrigation ww11$_p open,1y_-regis-tered_and__adjudir•arpd._.with the State--of .Colo-roan, __iL4A_..#1_.14369-..#2 1.432.1: .approximately 232 acres_. .- . .. _... ...._.._..__ if-icalig•--_ 3.tWf. s .—_ SeotIon—Pa—Le t—a µ 74.7 Acres '__and. -6»_.—_ Serticn �,Q.. --6-- .6'X • — 158-a 7O Aeres -- 233.40 Acre s 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 hereinater provided, in their prey ent condition, ordinary wear and tear excepted, known as __ ta.X Farm- --- which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of $ ,payable as follows: $ ....IQ,0QQ. .04__ .._. . _ __ .______._hereby receipted for, $ to be pate ar closing. This__contrattis_cantingenr upon r_1P_ purchaser's ability to nhtain a first__tr.ust deed in the a,rtrt,int of._232,IlIIQJ110- nasri, Land Co. ;ai11 - hold $10,000_00 de_posit for 30 days _o.r_.iintt1 1 nan 1 R_.approvea- I n the event_ that suitable financin etc_ ._Jnterest and terms are not available said deposit of 510,00u�will bereturned within 60 days of date ot this instrument. 1. If a note and truit deed or mortgage ; to be assumed, the purchaser agrees to pay a loan transfer fee not to exceed$...._-__ ..__.__. and it is a conditie n 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: . ._.Q.mps, motors, pertaining to irrigation to be conveyed by bill of kale at time of closing in their present condition, free,nd clear of all personal property taxes, liens and encumbrances,except: and except any personal property liens in any er.:umbrance specified in paragraph 5. The following fixtures of permanent nature are excluded from this sale: 3. Price to include the following water rights: —...._ four.....(A)__shares of Windsor Reservoir and Canal Company, four-(4)_ shares of_Larimer.and..Weld..Irriga.tilln_CQmpr fly, one (1Z share of Finley -Later-al-Ditch .Company---.._.__.._.._._...-__.._.__ 4. An abstract of title to said property.certified to date, nr a current commitment for title insurance policy in an amount e.;uai .o the pur.•h:rsu price, at seller's opti•m and expen 0, shall he furnished the purchaser on or before _. Decet e_r, 10 , 19 77. if serer elects to furnish said title in:.urance commitment, seller will deliver the title insurance pulie• to p•rchaser ift.:r closing and pay the premium thereon. O.5i _ - .•..it.: terfor!r.;::., ;'nartr.ert I: tr:.a p"., ... 1 1 I I • h• i.i, .:..at; ≥::• mer hantah!e in the seller. Subject to payment or tender as above provided and compliance with the ,.thy• •t' :tr..r e.,,:tjitions herc•etred,•r t,, purchaser, the seller shall execute and deliver a good and sufficient general ,,aril.. dt•d to said purchaser on January 10. _.. _.. . _ ,19 _-7s,.,or,by mutual agree- ment,a: :i, ••:. i::•• el:.,: c•-,:ivt...ang said property free and clear of all taxes,except the general taxes for.19_-78 pava•.:c .1,;c..t:uv ;. L.9 79 ,and exr•epi none _ .. . . _ • . free and clear of ii•' send encumbrances except: .._._—..._...npne and except .r,« ici.owing easements: _—_?Illy_.those,of recerd_v-I trust sar of cent-ray t and sut•:P.:r .;Intilt:iag and zoning reguiatsons and the fol.owing restrictive covenants: __th_ose_ of record .1.—; enc. -ncrae.ce requited to he paid may be paid "rom the proceeds of this transaction. • not f. ••n-•rai t: .se; .er Is.;, 78._shall/he apportiune, to date of delivery of deed based on the most recent levy and the •-i<-:r „;,.i,t asseasmeni. .Personat property taxes, 1 repaid rents, water rents, sewer rents, and interest.on encum• brancr,, ay, ::;; .all watef_assessments_for._197$-calendar yearshallbe paid by purchaser - - . shat: he apn.orc,one•d to date of delivery of deed except that:1. • sr. re-p.: t to ci,e:}. .. .ng•_Lops the seller and purchaser agree as fo lows: .PtrtChg.teMt to receive 19. 8 crops ... .,is hour:.:eo Mare of cit.a:ing shall be designated by _Davis_Land Company_ o:premises shall be delivered to purc'aser on ._.closing _Btii delivery of the deed • subject t-:• 'he foli-Trine;:a�.r�:.r taranc•ies: .......... one . _ 11- rt.'( .,: lira. ;Lori any damage to the•impr, vemcnLs by fire or ot}ier ca:unity prior to date of closing shall be on•ae„-!tt r„ei,:;ided ho:,•e-ver t4;et if tht seller shall m. intain insurance on s.'id im ,rovements which will compensate for the ful! rcp!.,c,•ment value thereof, the -seller may at 'xis option assign the proct eds of said insurance to purchaser, in which race lit.-purchaser shalt complete the transaction s herein provided.T.ie risk of loss for any damage to growing crops,.by 97- ..,r ,•ether casualty shall be bor se by the pa ty entitled to said crops ai provided in paragraph 7 and such party a-... s:entitled to;:+.e insurance prose :Lis. il. i'trti,• -'f the .essence hereof, ant if any pay nent or any other cczdition hereofjs mat made; tendered or pc-limn-at l.,; cif het- she viler or purchaser as herein pre sided,then this contr. ct,at the option of Lhe party who is not in de t. ' may h-. t:.-a,ir.cted by sue). party, in which c ice the non-clefaultinl party may recover such damages as may be prui:er. In the,event of such default b •the seller,and the purchaser elects to treat the contract as terminated, then all paymer;... made reon shah be ref urn,d to the purchaser. In the event of such default by the purchaser,and the seller elects, 4, 0...at :he contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the s•_l c-.. In the• event, t,owe•-er, the non-defaulting party elects to treat this contract as being in full force and ef- fect,the non defau:t:tig pier:.:; :had have the right to an action for specii is performance and damages. purchaser 12. •n th+_event the sell"r fails to approve this instrument in writing on or before ..—October 1 `-- 19.77.. . ._... or if title is not inerehantabl • and written notice of defects is given to ller or agent within the time, herein provided for tr•tivery of deed and shall not be rendered merchantable within days after such written notice, the:, this contract at pin chaser's option, shall he void and of no effect and each party hereto shall be released from ail alu gatiora beret Wrier and the Ii;tymetets made hereunder shall be returned forthwith to purchaser upon retM of the a!•...ract.. if say, to seller; provided, how-ever, that in lieu of correcting such defects,seller may,within said I� dss A. Wain a ,',mm;tnicnt for Owner's Title I tsurance Policy in the amount of the purchase price showing the title to he fry.. from,:.nil detects awl seller shall pay lull premium for such Title Insurance Policy. 13. .Adaeti,.,na! t•re3,,si„ets- .This___coutrast_issubject to•. s Betting approval from Weld _CAunty_..Planning Commission for_-.two.--recorded_exemptions on building sites located_9u.-_!arm.._.•.Purchaser to receive 1 of mineral rights sellers may own if any. Purchaser has thirty (30) days to furnish seller with written loan committment. 14. Upon approval her,-of by the .ever, this agreement shall become a contract between seller and purchaser and shall•inurg.t.o the benefit of the;heir.:,succes.ors and assigns of said parties. Purchaser agrees not to record contract. —' 7•:_- Agent Melaney & Co, and- Davis- Land Co. ..', Pur,hwr�f om ......-i,atr liy. reMr`t2-•_ �7.sc. '>__ ,. *Seiler.tp;erove ti:c. sour contract.this •.I "" cay of cl" t'.f , 19 71 and agrees to pa) a c- mmission of 6 :•: .)f the truss sales price for services in this t ansaction, and agrees that, in the event of furl.-t!. e „ p.,.:.a. , . rr.. :S pu,•.h•e..,'r,.such payments shalt be divided t,•Iwex•n the seller's broker and the seller, one-h:e:' •t. >,, • ,.. • - •R,•,, . • re•e ,e,v-c,t•i•d the commission,and the 1„dance to the seller. Se:•,,• I T A Jake & Mary Seilbach RE-291 REFERRALS November 8 , 1977 County Attorney County Engineering County Health Dept . Ken Henschke Box 627 Windsor, CO 80550 PHONE: 686-7476 N •Se‘n I Set rtz 71O141 ceye c-Wireeso.tts ,41A, _ ,,,,,, .t , 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 y) . FIU Ruth Fidino Town Planner ' RF/jc ck[_' ,i I\/ 1 i / T f l_l C BOARD OF HEALTH llX/r►r♦ ela ounty Health Department DAVID WERKING, DDS, Greeley FRANKLIN D. YODER. MD, MPH RALPH AAB. Greeley Director 1516 HOSPITAL ROAD WILLIAM BLICK, Roggen GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley (303)353-0540 DONALD HERGERT. Windsor ANNETTE M. LOPEZ, Greeley HERSCHEL PHELPS, JR., M.D., Greeley KATHLEEN SHAUGHNESSY, Ault JOE STOCKTON, Gilcrest November 21 , 1977 Mr. Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: This department recommends approval of the Recorded Exemption as requested by Jake and Mary Seilbach located in the SE;, and the E' , SWa of Section 10, Township 6 North, Range 67 West. Sincerely, hn G. Hall , M.P.H. , Director nvironmental Health Services JGH:dr f, , / I mEmoRAIM m u W�`��• To Planning Commission December 5 , 1977 Date COLORADO From LAMA Jake and Mary Seilbach SE* of Section 10 T6N-R67W Subject: Rewided ExempLion No engineering problems anticipated with the request . Lots A and B have existing access. Gilman E. Olson mfm I 1 FIELD CHECK FILING N U M f3 E R 14':3 r ') NAME _L .�2 rto' REQUEST �`4l� L.j.? LEGAL DISCRIPTION :. 1 �;� =,�, ,� LAND USE F « . • • lJ fI ZONING N LOCATION 11lz.ii / `-f' 1'1 COMMENTS : -�K �j/e trXl- • _ / r L3 y / —ThE � Set- /O ? F Lib} iR E 2 j V I fl ;T2TTn - 53-8 A"�� '41(2 $} 101/ X53-9 Coraazc it. Ivry' J drcii 4 3 c 0 Jra 5 3 B Lff e X53 A53C 12a 1 -10 BOB .�•. KREPS AUCTIONf•REAL ESTATE CO. November 17, 1977 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 E) of the SW14 and the SE14 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 ' It nH 928 13th Street • Suite 1 • Greeley, Colorado 80631 • 303 356-3943 REA,Jon® 1 • , r•-, , cies DEPARTMENT OF PLANNING SERVICES PHONE (3031 356-4000 EXT. 400 C. 915 10TH STREET GREELEY,Y, COLORADO DO 80631 COLORADO November 8, 1977 Jake and Mary Seilbach Route 1, BON 69 Windsor, CO 80550 RE: Request for recorded exemptions on parcels described as the E1 of the SW4 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 copies 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. ItespectfullyS 11-tiA -73/474-21-4 Ken McWilliams Assistant Zoning Administrator KLI:kmh cc: James Davis 1221 - 3th Avenue, Suite D Greeley, CO 80631 RECORDING DATA - I---IIAPS 8 PLAT^ kECOrtDED EXEMPTION N_0.t8p?-lp_4-KE21— —_ NAME OF SUBDIVISION T______. NAME OF SUBDIVIDER a —I M The .E4 of Section 20 Township 6 Nor t of the 6th P.M., I CITATION OF SUBDIVISION weld County, Colorado 11 1979 BOOK j9RECFPTION # DATE OF RECORDING -- MARY ANN FEUERSTEIN MELD COUNTY CLERK AND REFO/R�ER BY;. I 11. DEPUTY COUNTY CLE K 6 RECO� D I Hello