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HomeMy WebLinkAbout750653.tiff RESOLUTION WHEREAS, it has been determined by the Board of County Com- missioners, Weld County, Colorado, that a certain tract of land, being the property of Harold J. Erker, Roggen, Colorado, and more particularly described as follows, to-wit: The Northwest Quarter (NWT'-) of Section 29, Township 2 North, Range 62 West of the 6th P. M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of said Section 29, and considering the West line of said Section 29, as bearing South 00°00'00" West, with all other bearings con- tained herein relative thereto; Thence South 00°00'00" West, 2640. 97 feet to the West Quarter Corner of said Section 29; Thence North 89 38'36" East, 2632. 05 feet to the Center of said Section 29; Thence North 00°03'28" East, 2644. 96 feet to the North Quarter Corner (N4 Cor) of said Section 29; Thence South 89°33'25" West, 2634. 74 feet to the North- west Corner (NW Cor) of said Section 29, said point being the True Point of Beginning, containing 159. 875 acres, more or less, including a strip of ground 30 feet in width along the North line of said Section 29, reserved for County Road Right-of-way purposes, does not come within the purview of the definition of the terms "subdivision" and "subdivided lands" as set forth in CRS 106-2-33 (a) and (b) 1963, as amended, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, desires to exempt this particular division of land upon the recommendation of the Weld County Zoning Administrator for the reasons as stated and pursuant to its authority under CRS 106-2-33 (d), 1963, as amended, NOW, THEREFORE, BE IT RESOLVED, that the hereinabove de- scribed tract of land owned by Harold J. Erker, Roggen, Colorado, be exempt from the definition of the terms "subdivision" and "subdivided lands" as provided for in the new Weld County Subdivision Regulations at Section 2-IA. , (3), adopted August 30, 1972, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of December, A.D. , 1975. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: � � P.# Ai�g A Pee-`�jG Weld County Clerk and Recorder and Clerk to the Board i By ,_10c/C , , -4--11((-1 C(,�J Deputy County u erk APYRO4ED AS TO FORM: County Att ney 750653 RECEIPT FOR CERTIFIED MAIL-30c' (plus postage) POSTMARK SENT i ' ' ( Ems_ it OR DATE I` ; STREET AND NO. In P.O, ATE AND ZIP CODE CO - 0 IONAL SFR`�/CE8 FOR ADDITIONAL TEES N RETURN 1. Shows to whom anddate delivered 150 With delivery to addressee only 651 RECEIPT Z. Shows to whom,date and where delivered.. 354 SERVICES With delivery to addressee only 850 DELIVER TO ADDRESSEE ONLY 504 p SPECIAL DELIVERY (extra fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL o GPO:1972 0-400-741 19 / /1.2 ,,,,C Li ?-Lfj 1 yL4&/t/ LJ 0 M M - Y. qr u .�-, M b CO C k Y NJ uS _ to cc C< d Z' : O ^J I < WF g o _ 70 C Cy N -Jr 0 = • O v 4 A Kg V ' u„ 0 O 2 p Q S V V$ c?: L isi a J K • • ; u '00 y Ri 'u0 cd r0 p E �c o C a • or W W N n 9 y a III kte�o� O U i u b(', 4 Q C Q n f biz b V ` • ^ ?, W Elq V w N 9 Z 6 • C m t cc o?. .0 Y r .0 F .0 WE. o 'W'.l�.. O U `l _c-K � u< e iu BSm'<g '3 E '' u: ° S NJ$ I 3i v� IE ow63 PA a4t i � �4m W❑ < O D Z43 • A N ♦ N to NO PS Form 3811, Jan. 1975 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL %. r- 1 t OFFICE OF THE PLANNING COMMISSION Gary Z. Fortner XIOHstVxxlacaxmxo€ex PLANNING DIRECTOR C. PHONE (303) 353-2212 EXT. 227, 228 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 COLORADO December 23, 1975 Board of County Commissioners !Meld County, Colorado 1516 Hospital Road Greeley, Colorado 80631 Re: Recorded Exemption #193 Dear Sirs: The attached plat, application and other items are in reference to a request for a recorded exemption for Harold J . Erker on property in the N!W; of Section 29, T2P1, R62W of the 6th P. M. The parcel contains approximately 160 acres and Mr. Erker desires to split the existing improvements with 2.05 acres, more or less. Mr. Erker currently owns approximately 1200 acres of farmland and lives on a separate parcel from this parcel . It is indicated there is no need to utilize the improvements on this parcel for his operation. Based on the information submitted, the Weld County Planning Commission staff recommends approval for the following reasons: 1 . The proposed split complies with the intent clause, Section 9-2, of the Weld County Subdivision Regulations in that non-productive lands will be put to a higher or more productive use, 2. The proposed split complies with the comprehensive plan in that non-productive land will be utilized. The balance will be maintained in an agricultural status. 3. ,-A11 items for submission have been completed. Resppctf Illy yours, 7.homas E. Honn `Zoning Administrator jsm WELD COUNTY COMMISSIONERS VICTOR JACOBUCCI GLENN K. BILLINGS ROY MOSER 1 U 20 21 113 - Q 30 29 28 • Ketnesburc: •'',out h Roggen� 9m \eS 31 32 33 v v C7 6 O 5 4 2 • Da s1 coo EM74_ c N t`_ A 7 g J O mp 1 � `mV LY 18 �e 17 1$ • APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : LAND CODE : CASE NO : 1 /4 : DATE : / — C) _ LEGAL DESC . APPR : S . APPL . FEE : tr., APP . CHECKED BY : --pte," " RECORDING • DATE SENT TO BOARD : RECEIPT NO . : DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Prf t 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 : SEE ATTACHED SHEET ACREAGE : LOT "A" 2.050 ; LOT "B" 157.725 ;TOTAL :159.875 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 : Harold J . & Betty Frker ADDRESS Roggen. Coloradn PHONE : NAME : ADDRESS PHONE : NAME : ADDRESS_ PHONE : WATER SOURCE Domestic Well 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 knowledge . COUNTY OF WELD STATE OF COLORADO ) � Sign ture : „ , ,� Authorized Agent Subscribed and sworn to before me this 9th day of December , 19 75 SEAL ARY PUBLIC��1 February 28, 1978 My commission expires : TO WHOM IT MAY CONCERN: This is to authorize Albert R. Johnston to act as our authorized agent and sign papers in our bahalf for the purpose of obtaining a recorded exemption in order to sell our former home and buildings located on approxi- mately two acres of land in the northwest corner of the NWT of Section 29, Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado. J� > rold J. P ner Betty Egk�r Dated I. RECORDED E EPIPT/ON NO.: LW)3-29- 2- RE193 tn NW Con, Sec. d T.2 N., R. (02 W., lath P.M. 7 North Line, Sec. 29 it Point of Be9 S <99°33'25" W innin9 0` 26,34. 'n' O•0300.0' og a COUNTY ROAD /8l yr)++ g8 LOT A" Nr4 Pro,. I • 300.0' • 2.O5O *ACRES N89'33'ZS"E s ti a o' c Q N N Z LOT "B" /57. 72 5 ± ACRES . L, L ai k cn : M :zi-cr) i' o /59.875 t ACRES TOTAL o N . 0 o w. 0 o - 0 cr, • cc,:kri Cor 2�A/ 89 35' 3G" E 3Z. O5' Center South Line,NW Sec.2 SCALES : \ SURVEY - r. 400' 19 tv i I VICINITY MAP - I"-2000' t( • - PIN SET t n)Sl l ': ; lb .' OWNER(5): HAROLD J. & o7,:. BETTY ERROR L .\ A" I ADDRESS: • ROGGEN , COLO. L9t "8" ) Q NW COR. t, Z r fence ig 30 29 28 5 896 oece a o = P cne c •2 tele. V pole in u -S. treeW /tit 1 ' i 1773 \ County Rand if. 460/ . ry South Koggea ` 31 32"------... 33 greeoe �'ngineerin, ten �De Ic25 ,'75 j47 '&3? sheet no.: I oft RECORDED --'ENPTIOW NO.: X03 - 29- 2-RE193 . LEGAL DESCRIPTION The Northwest quarter (NW' ) of Section 29, Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado, being more narticularly described as follows : I Beginning at the Northwest Corner (NW Cor) of said Section 29, and considering the West line of said Section 29, as bearing South 00°00' 00' West, with all other bearings contained herein relative thereto; Thence South 00°00' 00" West, 2640. 97 feet to the West Quarter Corner of said Section 2 b ' Thence North 89°38' 36" East, 2632. 05 feet to the Center of said Section 29; Thence North 00° 03' 28" East, 2644.96 feet to the North quarter Corner (N'-a Cor) of f-1 said Section 29; & Thence South 89°33' 25" West, 2634.74 feet to the Northwest Corner (NW Cor) of said\ '-'\ dam \ Section 29, said point being the True Point of Beginning . \ \ Said described parcel of land contains 159.875 Acres , more or less , including a \ strip of ground 30 feet in width along the North line of said Section 29, reserved for County Road Right-of-way nurposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. SURVEYOR'S CERTIFICATE 11 I do hereby certify that this plat was nrenared under my sunervisio same is correct to the best of my knowledge and belief. 14r "" ' ` c * 4332 K * . JASPER NFEESE �,� COLD DO E. & L.S. NO. 4392 1lq�w,»Eu>kJ l of oto p We, Harold J . Erker and Betty Erker , being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached man. - , / L 'Harold J ./Erker Betty [r"ker The foregoing certification was acknowledged before me this 9th day of December A.D. , 1975. My Commission Expires February 2P, , 197R / J/ ' Notary Public - , .: . , Witness my hand and seal The accompanying plat is accepted and approved for filing . CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS r ATTEST: County Clerk ------7-7, ,$)--,;Z7(( / c ' E r �� , !`('L�(�-N j ` 1 . Dated /2 l7 i 1 • 1 1 P eVneoe en tnee/'!/7.s job no.: 75-(u0/ sheet no.: 2off � ^ lwwrded aCT-3tp[W.-_._ al..J-':. e'd«k , �}� 61:1r Reception No.11,91 .4:_i_._ANNSY'OMxu.asst^ l',2? r ' �:/'i _�. lIIliedett, Madethis 17th ____ deeof ___ in the {, oar of rue Lord one thousand nine hundred and fl rt v -_-__-_ between r• IVO NFTVFRPAP) of the Camp of cdrw I •4 and Stale,'IfUGvag(e of the 6.a part.nab lgitrill ,1, '•'FKFN and P":"1 .I, I.y: I. _ is < d the County d R•e •11 1 and Slate 1 C I 1 the - second part: # i R WITNESSETH:That the said t n rty of the first part,for and In romWer.iinn of the aim of '"T C''••r ',ni nn I vaDvO I nr.11ornt tci, nnI too DOLLARS, I • to the said part J of the Rest part In hand paid by the said pario of the second part. the nwil,t whrrval to ,+ hereby confessed and acknowledged, Mr panted. bargained, sold and conveyed. and I.,' these werenl. do- V dgrant,bargain,sell,convey and confirm unto the said parties of the second part.to pas not tenancy in in room,. 4 • but la mint tenancy.the survivor of them.their assigns and the heirs and assigns of such survivor forever,all the In. q lowing deteelbd lot orparcel et land, situate, lying and being In the *k 1 County of Reid and Slate of Colorado,town 4% 2 .e 6 The Northwest Quarter (Mil) of Section Twenty_n Irv- (2'1)r l in Township Two .( ) 1rth Rvtr, 'Iyty A_twn ( a) rt. or ✓D the SLtth Prinal pal I .rl '1 nn, T�.Ev,,..� ���p • '' • i it it I [ i P t } +1 RI {1. k, y TOGETHER with ell and singular the hereditament.and appurtenance'. Po t b I c g, or in ant wise e' snpertun init. and the reeemion and reversions remainder and remainders, rents, 1. 4 profits thereof, and • P all the estate.right,title,InternI claim and demand whatsoever of the said part „ of the first part. either in e 3 I law or equity. of. In and to the alone bargained p with the herditame t. dappurtenances.survivor TO HAVE AND TO HOLD the said premises above bargained and d ibed, with appurtenances, into the q' 'aid parks of the second part, the survivor of them,their igns and the heirs and g of such sec « for CSris • f ever. And the said part r of the first part foe him if hi r heirs executors. • d administrators. does son ant, grant. b and agree to and with the said parties of the second part, the survivor of them, their II ( assigns and the heirs and assign.of such survivor,that at the these of the totaling and delivering of these presents, r{j Ism Is well sewed of the premises above conveyed,as of good,sure.perfect absolute and Indefeasible estate of Inheritanee, In law. In fee simple, and has cool right,full power and lawful authority to grant,bvgam, FT tell end convey,the same In manner and form aforenid and that the name are free and clear from all former and other gnna. bargains, tale,. Ikna. mot. useumems and Ineumbnncea of whateverkind or nature rigor: gg Si and the above bargained premises in the quiet and Peaceable pasesalon of the said parties of the second part. the ft w of them , assigns a and the helm assiassigns ofsurvivor.gsuch survivor.survivor.ly c . ,against all and every w Person Persons non ill w3Q y; } lawfully or to clam the whole or any part thereof, the said Party of the first part shall and will t I ,rang`. Y WARRANT AND FOREVER DEFEND. �'q1� IN WITNESS WHEREOF,the said party of the first part has hereunto set his hand and f teal the day and year Aral above written. :C Ia',.A� 1" Uh�t,. Agaed.hnbA and Delivered In the Presence nl ,rb2Ca .-- }i { Q-�- n. (SEAL) . IP- Ib.lm"roar t1• fSF.AL) # a I� ISEAI.1 . STATE OF LLCM/ADOF. The foregoing Iwaunvm was.,Lnowi•lu•t b.h.e m. ed• 15 in N CntpM d ' ' 1"k. ,Ti�, n 19% - q.'^rtl,r 19 u, by Lan Ilrlm.•mmn. lu..y�« . WNnos My IIand and 1)wirlal 9 I •{ y7r { / t b , - Yy(mnmi.ahm Replies Augur 17-19>4 /,g "e 7t // , C f-?G/4I,rye(Fd Nom,ptmlk. WARRANTY DRRD—Te Pant Tenants-Me Vey Printery.G I^Iry, I vin, ' C4 s • • • • • • • • `!hit) .t .I. `b r y WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STATE OF COLORADO) COUNTY OF WELD ) The TRANSAMERICA 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 . jj LEGAL DESCRIPTION : The Northwest Nuarter (NW' ) of Section 29, Township 2 North, Range 62 West of the tth P.M. , Weld County, Colorado, being more narticularly, described as follows : Beginning at the Northwest Corner (NW Cor) of said Section 29, and cohsiderirq -rie line of said Section 29, as bearing South 00°00'00" West, with all other ,. ;:rings contained herein relative thereto; rher. e South 00°00' 00" West, 2640. 97 feet to the West Qua L :r Corner of said Sr_ Thence North 89°38' 36" East, 2632.05 feet to the Center of said Section 29; Thence North 00°03' 28" East, 2644.96 feet to the North Ouarcer Corner (N'4 Cor o' said Section 29; Thence South 89°33' 25" West, 2634.74 feet to the Northwest Corner (NW Cor) of said Section 29, said point being the True Point of Beginning. CONVEYANCES ( if none appear, so state) : Reception no: None , Book Reception no . , Bcok Reception no. , Book Reception no. , Book Reception no. , Book Reception no: , Book Reception no. , Book Thi2 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 TRANSAMERICA TITLE INSURANCg COMPANY is hereby limited to the amount of the fee paid for this Certificate. In 'Fitness Whereof , TRANSAMERICA TTTT, TNSIWANcF COMPANY has caused this certificate to be signed by its proper officer this 4th day of December , A. D. 197.., at 7 :45 A.M o ' clock. TRANSAMERICA TITLE INSURANCE COMPANY BY // � FIZ 5`GNATURE� c ,, l ASIA T. JONES, JR. AGENCY 920 Eleventh Street Greeley, Colorado SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH) Greeley Colorado November 26. , 19 _ RECEIVED FROM .Tames R __Bell and .ToAnn Bell Purchaser (as joint tenants), the sum of $_ 1___,000-GQ--__ —_, in the form of personal check to be held by Asa T_ -Danes,_.Jr_., gency , broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of Weld — Colorado, to wit:_ tract of land located in the NWk corner of the NWk of Section 29, Township 2 North, Range 62 West of the 6th P.M. measuring approximately 300 feet square anc'• being approximately 2 acres in area, complete legal description to be from survey by Freese Engineering, subject to restrictions, reservations, easements or rights of way of record or now existing on said property; :?xcept reserving to grantor all oil , gas and minerals located on or under said land: 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 as .The Farmstead on Erker_Farm_ which property purchaser agrees to buy upon the foil owing terms and conditions, for the purchase price of $ 45 ,('(,.0 el)( _ payable as follows $-1,000•�i1— --. hereby receipted for, $ 14,000.00 cash or certified funds at time of closing. Balance of $30,000.00 to be by note to seller secured by deed of trust on said land with 20 year fully ammortized payment schedule with said note bearing interest at the rate of 8 . per annum with mantkly payments of principal and interest of $250.94. Said monthly payments shall be paid to exerow account at The Citizens State Bank, Keenesburg, Colnracin 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 encum- brance without change in its terms or conditions except _N" 2. Price to include the following personal property: SiQxwallon underground propane tank, and all grain hi-a-s c cce?-t 3, -which ar_e reserved by seller,- 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: and except any personal property liens in any encumbrances specified in paragraph 4. The following fixtures of a permanent nature are excluded from this sale• 3 larg grain bins ( 2 south bins and northwest bin; 3. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amoun equal to the purchase price, at seller's option and expense, shall, be furnished the purchaser on or befbre December_ 26 , 19 . If seller elects to furnish said title insurance commitment, seller will deliver the title insurance policy to purchaser after clos ing and pay the premium thereon. NO. SC 25.7-71 Specific Performance Contract (Farm and Ranch) silts printed portions of this form approved by the Colorado Real Estate Commission (SC 25-7-71) Lr- r. , : Iground warm basin as set forth in section 148-18.5, the establishment of priority • of claims lot the appropriation of designated ground water as set forth in section • 148-18-8, and the creation of ground water management districts. If any person • I is dissatisfied with any action of the executive director under the exercise of the powers delegated by the commission, hr, may appeal said action to the • • commission, which shall hear his appeals as specified in sections 148-18-12 and 148-18-13. • d)-jP- IC.51-48=18.A-Small capacity wells.—(1) (a) The state engineer shall have the • authority to approve permits for the following types of wells in designated ground water basins without regard to any other provisions of this article, but • ground water management districts may by rules and regulations further restrict issuance of small capacity permits: • (b) Wells not exceeding fifty gallons per minute and used for no more than three single-family dwellings, including the normal operations associated with • • • such dwellings, but not including the irrigation of more than one acre of land; —• (c) Wells not exceeding fifty gallons per minute and used for watering of • livestock on range and pasture; or • • • (d) One well not exceeding fifty gallons per minute and used in commercial • businesses. • (2) A fee of five dollars shall accompany any application for a well permit j ( under this section. •• Ic. 148-185. Determination of designated ground water basins.—(1) (a) The commission shall, from time to time as adequate factual data becomes available, • • 1 II determine designated ground water basins and subdivisions thereof by geogra• • .. Iphic description, and as future conditions require and factual data justify, shall • II alter the boundaries or description thereof. In making such a determination the commission shall make the following findings: • i (b) The name or names of the aquifer or aquifers within the proposed • designated basin; (c) The boundaries of each aquifer or aquifers being considered; • - (d) The estimated quantity of water stored in each aquifer or aquifers; (e) The estimated annual rate of recharge; (f) The estimated use of the ground water in the area; (h) If the source is an area of use exceeding fifteen years as defined in section 148-18-2 (3), the commission shall list those users who have been withdrawing water during the fifteen-year period, the use made of the water, the average annual quantity of water withdrawn, and the year in which the user began to withdraw water. (2) Before determining or altering the boundaries of a designated ground water basin or subdivisions thereof, the state engineer shall prepare and file in his office a map clearly showing all lands included therein, together with a written description thereof sufficient to apprise interested parties of the boundaries of the proposed basin or subdivisions thereof. The commission shall publish the same and hold a hearing thereon. Following such hearing, the commission shall enter an order to either create the proposed designated ground water basin, to include modification of the proposed boundaries, if any, or dismiss the original . proposal, according to the factual information presented or available. . 64 e, i r 4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient general January 10 19L, or, by mutual agree- ment, warranty deed to said purchaser on _. at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19L, payable January 1, 19 77 , and except ;free and clear of all liens and encumbrancesleX0GPIC C1os_D" date shell be contingent upon time of obtaining recorded exemption from Weld County Commissioners a iaxaYibgptxt§gxAtH iPkgaticatitic and subject to building and zoning regulations and the following restrictive covenants: Any encumbrances required may be paid from the proceeds of this transaction. 5. General taxes for 19 75 , personal property taxes, prepaid rents, water rents and assessments, and in- terest on encumbrances, if any, gild( shall be paid by sellers lfaYarare xproaxerati4HX axitexXxioti4 stSrxoydil(i cturo Xtagt( With respect to the growing trope the seller and purchaser agree as follows: 11/A 8. The hour and place of closing shall be as designated by Asa T. Jones, Jr. r.gency 7. Possession of premises shall be delivered to purchaser on date of closing, except that honce cha11 he noun/1111e to. huyerc for rental, of $150.00 monthly until receiving sgslyMxaixttisxraaactawonxtunxxx mxigg - of rerorde Pxrrotion at option of sellers._ 8. 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 in- surance to purchaser, in which case 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 5 and such party shall be entitled to the insurance proceeds. _ 9. Time is the essence hereof, and if any payment or other condition hereof is not made, tendered, or per- formed 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 ter- minated, then all payments made hereon shall be returned to the purchaser. In the event of such default by the pur- chaser, and the seller elects to treat the contract as terminated, then all payments made hereunder shall be for- feited and retained on behalf of the seller. In the event, however, the non-defaulting party elects to treat this con- tract as being in full force and effect, then nothing herein shall be construed to prevent its specific performance. 10. In the event the seller fails to approve this instrument in writing on or before November 30 19 75 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 writ- ten notice,then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be re- leased 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 Policy. 11. Additional Provisions: Seller shall retain possession of all wheat storage facilities until satisfactory wheat price, but not later than June 15, 1976, Seller shall have right to hold auction sale of all personal property on 7remices until May 15, 1976 12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser ande shalt Ipure to the benefit of the ee)heirs, successors and assigns of said parti/es. �, L 1 A973," ///'//'Agent (2i I : J �',(' P,�Ci lf7^Zl ((( 1 Pure er/� / Date �,(///,1 ( �!� 1.! f �; F !{ 4 IM/74B ��'--�"�+ — t VI ' t.,�- Y: Perches' 1>5�te �'C% f //�`r-ititi.,� 19 75 and agrees Seller approves the above contract this _ � f _ day of /( to pay a commission of 6 To of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payme nts shall be divided between the seller's broker and the seller, one half thereof to said broker, but not to exceed the commission, and the balance to the seller. // Sells n / Seller • G ,// O Purchaser's Address D bC( e r' , e,/�CO " r, '" 6 Kzv Seller's Address — � yven. OD /Deado 0D6yg, No. SC 25-7.71 IV4' eid County 1-1, 11/i iJ p BOARD OF HEALTH e arlm ent CAT',FIVEr ZEE N504 LVLT FRANKLIN D. VODER, MD. MPH 1516 HOS? AL ROAD RALPH AA RE GREELEY DIRECTOR GREELEY, COI 17RADO 80631 Wit DL ICR ROGGEN CLARENCE SITIMAN. GREELEY 13031 3530540 DAVID WERK NG DON. . GREELEY December 10, 1975 TO WHOM IT MAY CONCERN: The Soil Test for the following Recorded Exemption has been approved by the Weld County Health Department: Owner: Harold & Betty Erker Address : Roggen, CO 80652 Location: NWa, Section 29, Township 2 North, Range 62 West 6th P.M. Weld County, Colorado • Glen E. Paul , Director Environmental Health Services GEP/hv _ cc Tom Honn, Planning Commission-Weld County Albert R. Johnston, Asa T. Jones Jr. Agency mtmoRAnDun � W(1-111lik To Planning Commission Date December 23, 1975 COLORADO From Recorded Exemption No. 1303-29-2-RE193 Subject: Harold J. and Betty Et ker With the information that we have available at this time Lot A will use existing access, therefore, no engineering problem is evident. Gilman E. Olson Engineering Department ; ; RECORDING DATA - MAPS & PLATS NAME OF SUBDIVISION Recorded Exemption `P_imher: 1303-29-2-FF193 NAME OF SUBDIVIDER Harold J Erker and Betty Erker LOCATION OF SUBDIVISION N'N4 `ection 29, Township 2 North, Range 62 DATE OF RECORDING JAN. 6 1976 BOOK 756 RECEPTION # 16"78162 S. LEE SHEHEE, JR. WELD COUNTY CLERK A�ORDER BY: _ DEPOT COUNTY CLERK & RECORDER Hello