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Home My WebLink About780753.tiff RESOLUTION RE: ACTION OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO REGARDING RECORDED EXEMPTION NO. 352 - MR. AND MRS. DALE McKELVEY. 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, on November 27, 1978, the Board of County Commis- sioners of Weld County, Colorado held a public hearing in the Chambers of the Board of County Commissioners for the purpose of hearing the application of Mr. and Mrs. Dale McKelvey for Recorded Exemption No. 352 on the following described parcel of land: Part of the South Half of Section 22, lbwnship 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, being note particularly described as follows: Beginning at the Southwest Corner of said Section 22, and considering the South line to bear North 89°19'59" East, with all other bearings contained herein relative thereto; Thence North 89°19'59" Fast, along said line, 2468.27 feet to the True Point of Beginning; Thence North 89°19'59" East, 1491.26 feet; Thence North 00°12'37" East, 2579.74 feet; Thence South 89°47'08" West, 1188.61 feet; Thence South 00°00'00" West, 1264.20 feet; Thence North 89°58'45" West, 398.37 feet; Thence South 03°43'06" East, 1331.38 feet to the True Point of Beginning. Said described parcel contains 81.056 acres, more or less, including a 30 foot road right-of-way easement along the South boundary line, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. WHEREAS, the Board of County Commissioners, at said hearing, was to decide whether or not the above described parcel of land comes within the purview of the definition of the terms "subdi- vision" and "subdivided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, upon motion and second to approve said Recorded Exemption, the Board of County Commissioners voted 2-2, the result of which is, in effect, a denial of petitioners ' application for es 'L_-.4s 780753 a Recorded Exemption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Mr. and Mrs. Dale McKelvey for Recorded Exemption No. 352 concerning the above described parcel of land be, and hereby is, denied due to the 2-2 tie vote of said Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO PrOtenl ..\.c - /tiL� 17(1- i (No) 7)11 aweA4W-1/42t;11 ATTEST: Weld County Clerk and Recorder and-,Clerk to the BoaF-d 1 yc eputy County C APP OV AS TO FORM:AreAs§tC ��• rn Y Y Date Presented: Novmeber 29, 1978 r RECO#DED EXEMPT/ON N° 0801- 22- 4 - RE 352 .r 6.9.417 cOri"'s+' //BB.6r ' ' il PIN N N rl q N tri ■ PM f 44/ ,✓d9•SB 4s'i✓ X98.37' f zar S ' e • 751247t ,cr,P6s M !, v 1\ M A.:94/100•41-,...-• LOT a ', :W Mti ,4 '. Mh `I fie iN> of 0 1 BiT.Ven,0 y 5:809_' le St✓cot Svc 88 AIRES U >6/N/// , R•64W• } 3/2.05 . 1_ .✓B9%9 S9'E /779-Z/ _._ �..P,✓6616o:P.0./✓) `i-- "N 6'9 a/9 In''1" -�\ +- } , /.F 9/.26' 2468. 27' TRUE PO/NT of B6s/NACA: 1a '5 IQ 0_0 it 6B ci N VI ( e1/414/A-42.5.'*`� 7xr/e Z. I Karen A Mc Kc/rey kit 0 4- ' ill\ AP// son /2¢ 21 li' 22 23 O/// , Co/o_ Bo62¢ C Ne y>/se LOT B 1 se-a4. /_ZOA9' LOT:4 b 28 I 27 26 /7C/A,/r)---. AIAP .9/rest CS pM'ee n9 vB-694 V .PECO#IDED EXEMPT/ON N20801-22- 4- RE 352 LEGAL DESCRIPTION Part of the South Half (S1) of Section 22, Township 6 North, Range 64 -West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner of said Section 22, and considering the South line to bear North 89° 19'59" East, with all other bearings contained herein relative thereto; Thence North 89° 19'59" East , along said line, 2,463.27 feet to the True Point of Beginning; of Thence North 89° 19'59" East , 1 ,491 .26 feet ;Thence North 00° 12'37" East, 2,579. 74 feet ; / Q Alf Thence South 89° 47'08" West, 1 ,188.61 feet ; ES, I7(4g Thence South 00° 00'00" West, 1,264.20 feet; �t Thence North 89° 58'45" West, 398.37 feet ; Thence South 03°43'06" East, 1,331 . 38 feet to the True Point of Beginning. Said described parcel contains 81.056 acres, more or less, including a 30 foot road right-of-way easement along the South boundary line, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE •'''„(.,,•,•• . I hereby certify that this plat was prepared under my s hriSYon;.an hat the same is correct to the best of my knowledge and be e i •• _ * 4 .392 JASP E SE t ;• COLO .E. & L.S. NO. 4392 ',a% 6tp.$r, . • Of co1W-ser ; • PROPERTY OWNER'S APPROVAL We, Dale L. McKelvey and Karen A. McKelvey, being the sole owners in fee of the described property do hereby subdivide the same as shown on the attached map. 412-Zrthic_X ‘7,11,-22 Dale L. McKelvey Karen A. McKe vey The farego1 certification was acknowledged before me this / /1,2 day of , A.D. , 1978. Witness my hand and seal. My commission expires: © _ &t 201 i 9 i2 Lett&Notary Public PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved for filing. CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: County Clerk By Dated .Weese &n9/neer ie71 L34 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEV,COLORADO 80631 C. COLORADO November 27, 1978 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #352 Dear Commissioners : The attached application, plat and related materials are in reference to a request by Mr. and Mrs. Dale McKelvey for a recorded exemption. The parcel of land under consideration is described as Pt . Si Section 22, T6N, R64W of the 6th P. M. , Weld County, Colorado. This property is located 1/2 mile north of the unincorporated town of Gill, Colorado. The property contains approximately 81 acres of Class IV irrigated soils. The request is to split the property into parcels of 5. 809 acres and 75. 247 acres. The McKelveys are in the process of exchanging their present 81 acre unit for a larger, more productive agricultural unit enabling them to better utilize their farming equipment and labor. The exohange ' is with South Platte Farms near Kersey, Colorado, South Platte Farms intends to sell the McKelvey property in the future. They have indicated in the submitted application materials that , in their opinion, the 81 acres is not a self sustaining unit and will be much more easily marketed as two individual parcels. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be denied for the following reasons: 1. The proposed split does not comply with the Weld County Comprehen- sive Plan because it would promote non-agricultural use of agri- cultural land and it would encourage urban encroachment on rural land use. Board of County Commissioners Page 2 November 27, 1978 2. The recorded exemption request is not in conformance with the in- tent clause of the Agricultural Zone District (Section 3. 3 A of the Weld County Zoning Resolution) which states: "Intent - The intent in establishing the A-Agricultural Zone District is to allow all agricultural and related uses in those areas in which agriculture is and should continue to be the predominant land use. This district is intended to discourage encroachment of incompatible uses upon the Agricultural land in the district , to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict therewith, and to provide for the orderly expansion of urban growth in conformance with the Weld County Comprehensive Plan. " The request would not be encouraging agricultural uses as the highest and best uses, it would not be providing for the orderly expansion of urban growth, and it would be breaking up the 81 acre parcel of agricultural land. 3. The recorded exemption request is not in compliance with the in- tent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states : "The intent in establishing the Recorded Exemption pro- cedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agri- cultural lands may be developed for higher or more pro- ductive uses, in-so-far as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed. (Rev. 4/17/74)" The parcel contains only one set of improvements and is considered to be productive agricultural land. The split would allow an extra set of improvements to be built on the 75. 247 acre parcel and therefore, create an urban encorachment which would be non- compatible with the Agricultural District . 4. The minimum lot size in the irrigated Agricultural District is 80 acres. The intent is to maintain large enough tracts for farm purposes and to assist in the encouragement of agricultural uses as the highest and best use of the land. The proposed split is in violation of that intent. Board of County Commissioners Page 2 November 27, 1978 It is the opinion of the Department of Planning Services Staff that the County should not encourage further division of this property but work towards preserving the best use of the land, which is agri- culture and agricultural related uses. Re . .e- tfully, 41m4 Thomas E. Honn Zoning Administrator TEH/csd PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE O APPL . FEE _50 ZONING DI TR CT _ J� v VOA RECORDING FEE 10 DATE 1 RECEIPT NO . APPL . CHECKED BY - TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described :property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : Part of the South Half (S'-.) of Section 22 , Township 6 North, Range 64 West of the 6th P.M. , Veld County, Co1cr d.;, being more particularly described as follows: Beginning at the Southwest Corner of said Section 22 , and considering the South line to bear North 89° 19' 59" East, with all other bearings contained herein relative thereto; Thence North 8P19' 59" Fast , along said line, 2,465.2? feet to the True Point of Beginning; Thence North' 89° 19'59" East , 1 ,;91 . _26 feet ; Thence North 00° 1 _' 37" East , 2 ,579. 74 feet ; Thence South 89° L7 '08" ?:est , 1 , 188.61 feet ; Thence South 00° 00'00" S:est , I ,j64. 90 feet ; Thence North 89° 58'=5" vest , 398. 37 feet ; Thence South 03° -3 '06" East , 1_,331 . 38 feet to the True Point of Beginning. Said described parcel contains 31 .056 acres, more or less, including a 30 foot road right-of-ways east:nt—i:t alg the South boundary line , and is subject to anv rights—of - r .,tier esemeats as recorded by instruents of record or as 'now • existing on said descrloo_d :a_. e1 of land. APP' :ATION FOR RECORDED EXEMPT-lN PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY - ACREAGE : Lot "A" 5.8091 acres ; Lot "B" 75,2471 acres ; Total 81.0561 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No Are there any existing improvements on Lot A? Yes x No Lot B? Yes No x FEE OWNERS OF PROPERTY : Name : Dale L. & Karen A. McKelvey Address Rt. 1, Box 124 Phone Name : Address Gill, Colorado Phone Name : Address 80624 Phone WATER SOURCE FOR: Lot "A" NWCmD ; Lot " B" NWCWD TYPE OF SEWER FOR : Lot "A" septic ; Lot "B" Septic PROPOSED USE FOR: Lot "A" Tract ; Lot " B" Farm I hereby depose and state under the penalties 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 knowledge . COUNTY OF WELD ) x STATE OF COLORADO ) /� a Signature : Owner r Au t rized Agent Tr- Subscribed and sworn to before me this / J day of � � 197S). SEAL Notary Pu 1 c 2o,. /9i. My Commission expires : WHEELER REALTY COMPANY 1331 8TH AVENUE PHONE 303) 356-1331 GREELEY. COLORADO 80631 November 2, 1978 Weld County, Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Recorded Exemption, Pt. of the S1 Sec. 22, T-6N, R-64W of the 6th P.M. , Weld County, Colorado. Dear Sirs: In reference to the above-mentioned recorded exemption, Mr. and Mr. Dale McKelvey are in the process of exchanging their present (the above) 81 acre unit for a larger more productive unit enabling them to better utilize their equipment and labor. The exchange is with South Platte Farms near Kersey, Colorado. South Platte Farms intends to sell the McKelvey property in the future. Hopefully as shown on the recorded exemption plot as attached.. The 81 acres is not a self-sustaining unit and will be much more easily marketed as two parcels. The Lot "A" as projected as one unit and Lot "B" hopefully to a local farmer wanting to expand an operation. Sincerely yours, WHEELER REALTY COMPANY ��V/ ") �n,Jr. ,/" T. S. -Tom) C ins, Jr. , ent for McKelvey's and South atte Farms TSC/jb Enclosures NOTICE: I am also a partner and part owner in South Platte Farms which is a limited partnership. JOHN R. P. WHEELER. REALTOR • MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS J BOARD OF DIRECTORS 7`e`_/6 E RNEST TIGGES - NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE ! ~� HIGHWAY 85 LUCERNE. COLORADO 80848 GARY SIMPSON 2 ,'it I M ti TOM REED LYLE NELSON, GR. P.O. BOX 56 - PHONE 956-3020 November 1, 1978 RE: Water Service Tom Collins Dear Sirs: This letter is in response to your inquiry regarding water service to the following described property : Sec. 22-6-64 1 . _ ."later service is presently being provided to the • above described property . 2 . X _ Water service can be made available to the above described property provided ail 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 L le D . Nelson, Manager • LDN/rr x'4'77'3 Randal at &clan st, AUG 5197.6 1695405 tra Reception No LI 1 A4pN!..ANI4 XEUCR57i)N Recorder. INSTALLMENT LAND CONTRACT— LAND (Bayer pays Tans ea Iasenace) e , TEE CONTRACT made and mitered Into this 2nd day of August , 19 76 ,by end between GILL LAND ASSOCIATES, ' set ja general partni_rahip. 1 hereinafter called Seller, sad DALE L. 11cKELVEY and KAREN A. NcKELVEY e V N hereinafter caned Purchaser (Y joint tenants with vrigor of a,Mvership•). O � WlTNESSETE: in consideration of the loom of 7 500.00in the form of certified funds In We pent by the perchtoer to the seller, as part payment for the hereinafter described set orth, rit la which is heremeted e acknowledged d and in further consideration of the mutual covenants hereinafter set forth, it t. agreed and sttled u N) follows: I.In accordance with the terms and conditions hereinafter set forth, seller agree. to sell and purchaser agrees to buy the following described real property situate in the Couch of Weld Stab of Colorado, t"-Mt: as hereinafter set forth in 'tea 10 State Documentary Fee Date AUG 51976 with all rights of way and easamente appurtenant thereto, an improvements thereon and all ftrtawn of a rermased'Mum if any, In their present condition, known as amber Route 1. Box 124. Gill. Colorado. Rf1AAA , abject to the following egmbreaces: pons. \.51) Pries to Mebde: a 500 gallon propane tank and water rights as set forth in Item 10 and a domestic water tap in the North Weld County Water District. 2. Concurrently with the execution of this agreement, the Earths have wonted marrow sessant tvewye_ rating the term hereof, with The None State Bank, Lowland, Colorado •corporation, Y escrow aged. and the seller has executed and delivered to said tern aged a warns deed coney- big the shove described really to the purchaser, which deed Is to be delivered to the purchaser on the Viewing term and ocedmon.: upon payment of the balance due hereunder and compliance with terms hereof, and also the four water stock assignments being placed in escrow shall ala8,bpja}Nere r to pay seller as the fill purchase price for said property the se of geS t)ed-Oil papeb4 as bellows: $ 27,500.00 hereby receipted for; no baton of$67.500.00 , together with interest on the unpaid belsme at the rats per cent per amain, biannual throw:mots of mot tee than $ 7.986.00 Per year , hales Interest, beglmaag on the 2nd day of Burnt 19_11 and on the 2nd day of_each August thereafter anal ,noel sad and have bale pad in bill. Retire balance of principal and interest shall be des sad payable on er ban August 2& , Ufll, trap preaon.ly pate, in a hap sum final payment. Pram and after closing dale purchaser shall pay all tans sad Yeneinasts levied to said property tempt yams in special hapYreesa s sow Metalled. le case of the Mau of the purchaser to make sat payee wed la, the seller may pay ask tan or Yeesasets. sad all mows*ea paid, with Interest Mecca d 0 E per aaa. Mall hmae so amh sdMtlonal indebtedness under the tonne of tWa sodrist, er seller may declare s She as pc'erded In psragrsh s. • /tries If ad applicable. (halt, Aay aselgmees at tide eared must be a000mpeated by r sew escrow 'greatest, em Os taper to IS wipes wed as escrow spat, to "an a proper chats of tide.) rows s deed of lea. !LC sF7-71 -1- • 'x'73 1695405 415,7, 4. Payments shall be applied first to interest, and then to principal. Purchasers shall have right of pr payment as hereinafter set forth. In the event of any prepayment, this contract shall nM be treated as In default with respect to payment so long as the unpaid balance of principal end Interest (In molt case accruing interest shall be treated as unpaid principal)is less than the amount that said indebtedness would haw been, had the periodic payments been made as first specified above. 5. Possession shall be delivered to purchaser on closing and signing of this agreement. 5. In the event of default by purchaser under the terms of this agreement, seller may give written nodes of each default to purchaser, ead If said default is not corrected withls6G days of such notice, the sorrow ass shall redeliver said deed to seller upon receipt of the affidavit of seller (I) that such default has occurred,(2) that notice W been given, and (3) that said default has not been corrected. Upon receipt of such affidavit by the sacra agent, the Intends of the purchaser shall be forfeited, and the seller shall be entitled to immediatepossessi n of the prom- Mee and may retain all moneys paid by the purchaser as liquidated damages. 7. it is understood that purchaser does not assume the prior encumbrances tie property, sad that seller shall make all permeate thereon as they become doe and owing, and shall fully dl-.•arse said encumbrances prior to or elemntaeeonsy with delivery of deed to purchaser. In case of failure of ac..sr to maks such payments am they became due, purchaser shall have the right to make much payments as to deduct the amount thereof from the install- ments doe and owing the seller hereunder. 9. Purchaser shall not make any maker sltsrattons or additions to said property without Net obtaining per- missb of seller, which permission shall not be unreasonably withheld. All expenses Incurred in nuking altsratio s, additions, or Improvements to said property shall be promptly paid for by purchaser. Purchaser shall keep the prem- ises in a goed dam of repair during the term hereof. 9. Additional Provision.: as set forth in Items 11 and 23, which are included and made a part hereof. IN WITNESS WHEREOF the parties have hereunto set their buds and seals. APPROVED August 2 , 1911 AP?.NVED ((� a atty12 Mao- GILL. Ascot N /II .OY e • e e� liams,seller Kar n A. Mc&elveiurchaser Partner PnrehaeerY Address Route 1, Box 124, Gill, Colorado, 80644 • seller'. Address - 745 N. Lincoln Avenue, Loveland, Colorado 80537 STATE OF COLORADO es. COUNTY OF LAMER The foregoing instrument was acknowledged before me thin_ 2nd es) of August lea, by Gerald C. Williams , partuer of Gill Land Associates, and P^'e L. McKelvey and Karen A. McKelvey W ape my a crea dot a X27, 1079 9fiWN my hand and official eat (21. ,�t�i l••• .t� _ LOVELAIID RBA ) :�4, ;C a.•L1'ay l4'e •• wDo'773 1695405 q-) ADDITIONAL PROVISIONS: Page 3 10. Legal Description: A tract of land located in the South Half (S1) of Section 22, Township 6 North, Range 64 West of the 6th P.M., WELD COUNTY, COLORADO, being more particularly described as follows: Beginning at the West Quarter Corner (W1 Cor) of said Section 22 and considering the North line of the South Half (S11) of said Section 22 as bearing North 89'47' 07" East, with all other bearings contained herein relative thereto; Theacc North 89°47'07" East, along the North line of the South Half (Sh) of said Section 22, 2765.54 feet to the True Point of Beginning; Thence continuing North 89°47'07" East, along the North line of the South Half (511) of said Section 22, 1188.61 feet; Thence South 00°12'37" West 2579.74 feet to a point on the South line of said Section 22; Thence South 89°19'59" West, along the South line of said Section 22, 1491.26 feet; Thence North 03°43'06" East, 1331.48 feet; Thence South 89°58'45" East, 398.37 feet; Thence North 00°00'00" East, 1264.20 feet to the True Point of Beginning, contain- ing approximately 81.056 acres, more or less. • TOGETHER WITH two (2) shares of the Lazimer and Weld Irrigation Company, two (2) shares of the Owl Creek Supply and Irrigation Company, two (2) shares of the Decker Lateral Company, two (2) shares of the Graham Lateral, Inc., and twenty (20) units of Northern Colorado Water Conservancy District eater to be allotted to said land according to terms hereinafter set forth; TCCETHER WITH existing irrigation ditches and ditch rights. 11. The Purchasers shall have the right to prepay any amount at any time after January 1, 1977, without penalty. 12. The Seller shall furnish to the Purchasers at the time of closing an owners title policy in the amount of $95,000.00 at the cost of the Seller. 13. The taxes for 1976 shall be paid by the Purchasers in January, 1977, when the tax statements are received. 14. Assignments for the various shares of eater company stock shall be executed at the time of signing of this Agreement and shall be placed in escrow to be delivered with the warranty deed. • ° The Seller shall the sssssssssss Purchasers agree to promptly reimbursesaid S carrying Seller charges saidtheir of the tassessments and carrying charges. The Purchasers agree to reimburse the Seller for the 1976 assessments and carrying charges, inasmuch as the Purchasers are receiving the land- lord's share of the 1976 crop. 15. P ion of the property is to be delivered to the Purchasers as of the date of signing of this Agreement subject to that certain Farm Lease of July 21, 1976, between Gill Lend Associates, Lessor, and Fred M. Reed and David L. Reed, Lessees, insofar as said lease applies to the above described land, and the proceeds of the crops under said lease for 1976 shall go to the Purchasers, except that the cash pasture rental shall be adjusted as of the date of this agreement. Possession of the improvements is to be delivered to Purchasers as of the date of this Agreement subject to the month-to-month tenancy of Charles D. Coffey and Lynette F. Coffey. 16. At the time of closing, a warranty deed from Gill Land Associates, the Seller, to Dale L. McKelvey and Karen A. McKelvey, the Purchasers, shall be executed subject to the taxes for 1976 payable in 1977, and subject to easements, reservations, rights- of-way of record and existing roads and irrigation ditches and facilities, oil and gee lease and building and Boning regulations and restrictive covenants of record, if soy, and such liens end encumbrances as may have been contracted by the Purchasers, which deed shall be placed in escrow and delivered according to terms thereof. 17. The Seller hereby certifies that the property has been surveyed and agrees to provide such cornerstaking as may still be necessary at its expense. U. It is understood that there are irrigation ditches serving said property and also croesiag said property end serving other farms. This property is being con- veyed subject to said existing irrigation ditches and facilities and subject to the rights of other farmers and land owners who have rights of useage in said ditches. • 773 1695405 q-N ADDITIONAL PROVISIONS: Page 4 19. It is understood by all parties that there are presently 300 units of Northern Colorado water allotted to the SW and the including the land being sold hereunder, and it is agreed by said Sectionarties 22, a t the Seller shall retain title and transfer rights to all of saidwater, including the 20 units which are being sold under this Agreement to the Purchasers, until such time as the Seller, at its option, shall decide to reallot all or any part of said water, and the Purchasers, their successors or assigns hereunder, agree to cooperate and to execute all of the necessary documents to affect the reallot- sent of said Northern Colorado water in whole or in part when requested to do so by the Seller hereunder. It is further agreed that the Seller hereunder is responsible for the payment of the annual taxes and carrying charges against said Northern Colorado water, and the Purchasers agree to reimburse said Seller for the _ charges on the said 20 units of Northern Colorado water being -ant taxes and carrying The Purchasers shall be responsible for the assessments and carrying charges by them. the full year 1976 inasmuch as they are receiving the landlord's share ofg for the crop. 20. All parties acknowledge that they are aware that the Seller, Gill Land Associates, presently owes a note and deed of trust secured by lands and water rights, of which those included in this sale are a portion, and Gill Land Associates agrees to pay said note and deed of trust according to terms thereof, and at no time will allow said note and deed of trust to become delinquent. If at anytime Gill Land Associates should become delinquent on the payment of said loan, the Purchasers hereunder shall have the right to pay such delinquent amounts and re- ceive credit against the next maturing installments due hereunder. The Seller, Gill Land Associates, further agrees that prior to or concurrently with the final payment due hereunder, it will pay such amounts as are necessary on said note and deed of trust to obtain the release of the lands and water rights included in this sale and will record said release at its expense. 21. The Seller, Gill Land Associates, hereby reserves unto itself one-half (hi of all oil, gas and other mineral on and under said land not previously reserved and the right of ingress and egress to prospect for and remove same and this reservation shall be set forth in the warranty deed. The Seller, Gill Land Associates, further agrees to assign a proportional inters!in and to that certain oil and gas lease dated July 29, 1968, between Harrington Land Company, Lessor, and Raymond Chorney, , which January 24, 1969, in Book 604 as Recepton No. 1526490, Weld County Records, which was subsequently assigned to Gill Land Associates. The current oil and gas lease rental shall be adjusted as of the date of this Agreement. 22. It is agreed that during the term of this Agreement the Purchasers shall be entitled to a waiver of the principal payments only in any of two years in which a disaster may result in the loss of 602 or more of the current year's crop. 23. The Purchasers agree to keep the dwelling insured in a reputable company for fire and extended coverage in an amount of not less that $12,000.0a0/. c{( 17641 22 -6- 64 RE 35a Ot .53 la CD 668' a 538 0 /AD 4 B 9 53M- 43 43 -- AO a CD ,$3 B .. . M 53 P s A x 5o-s o-o No. NEW Sc =RA 4AIND NON •TRR1GATED is B 64 DES MI ../93 cD 65 Ile Age 53 8 Si me are X-53 8 32 a e Jae 53 M-AB 37 sirts $e i 53m-CD 38 Sire 66 B-AB 54 2Vs rite 424'4"t C 1 Y ‘-'4:4;,?:,3 ay r �A3` 'xr 1 '®3 is k j:�� F - +.> a ,x S r Y * �. , F i ,rte, , f Ai :Y {. 3f lc.. , 4. o{ .14z I; C - � '„ as W aA : .9 �, tv d. t 1 .� A t�1 A x T' s', , X }y tt r� Lc� I 1 +t t r;i u, • r YL a 4,..1 :1;‘e4':41:rk:' '1'I•.4 get \�J. fJ A '��' 4:,,,-./4::. {l r is 4. /let /a iC N� kk�• 3 tS , t lgqceFU Y }, �. 41411401 w.. .'..:,-44„,r041 ,i�a'@ji of 8 Fy \ yyy 1: ..'3�q 15`0 _ jjØ xtl' i.411.41:4 'kt of i i71.«1•..",'" - -y ...L�q. W i in FF y 5lF i t S� E, ` I � -' *0 a 4,1, to - - : f+lb... ''S-• -.- Y3,ti - if, 1 C •.,-•,-- ,' d t *e • ' + r.x 4 t ii 3 Mr $3,i'#$� 1 }} a�a q4 . r mEmoRAnDum 1119€ To Planning Commission Date November 17, 1978 WM) COLORADO (From Gilman E. Olson, Utility/Subdivision Administrator subject: Dale McKelvey (R.E.) There are no engineering problems anticipated by this request. Lots "A" and "B" have an existing access.a Gilman E. Olson Utility/Subdivision Administrator GEO:sar E V 1978 EIVED Count' ,C Couuaskel ��E6ti��, n ,-h /_/ County BOARD OF HEALTH Wel d ells Health Department DAVID WERKING. DDS, Greeley FRANKLIN D. YODER. MD, MPH WILLIAM BLICK. Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ, JR J ., Greeley (303)353-0540 ANNETTE M. LOPEZ, Greeley FRANK MYERS. M.P.H., Windsor HERSCHEL PHELPS, JR., M.D., Greeley KATHLEEN SHAUGHNESSY, PiN, Ault ARTHUR O WATSON. Platteville November 16, 1978 Chuck Cunliffe Planning Services 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption as requested by Dale and Karen A. McKelvey has been reviewed by Environmental Health staff and no apparent conflict with health regulations is indicated. Sincerely, G. Hall , M.PP.H. , Director Environmental Health Services JGH:dr 1819? it krAcb 2P/Pa Acs Vs, efPOPS 10 FIELD CHECK FILING NUMBER: RE-352 DATE OF INSPECTION: 11/22/78 NAME: Dale McKelvey REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt . Si Section 22, T6N, R74W LAND USE : N Agricultural E Agricultural S Agricultural w Agricultural ZONING: N Agricultural LOCATION: 1/2 mile north of E Agricultural the Town of Gill S Agricultural W Agricultural COMMENTS : Proposed Lot a contains the existing improvements for the property which includes a house and a couple of outbuildings. There are two existing accesses to proposed Lot A. There is an existing access to proposed Lot B. Lot B appears to have been in agricultural production this year (corn) . It also appears that part of Lot B has been used as a pasture in the past . Access to the property is from County Road 66 which is a gravel surfaced County Road. Land uses in the area are all prodominantly agricultural uses. BY: asaii. Hello