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RESOLUTION
RE: RECORDED EXEMPTION NO. 237 - RICHARD H. KOENTOPP.
WHEREAS, it has been determined by the Board of County
Commissioners of Weld County, Colorado, at a public meeting
held on the 22nd of November, 1976, in the Chambers of the
Board of County Commissioners of Weld County, Colorado, that a
certain parcel of land, being the property of Richard H. Koentopp,
Cohee, Ltd. , being more particularly described as follows:
The Southeast Quarter of Section 33, Township 4
North, Range 67 West of the 6th P.M. , Weld County,
Colorado, EXCEPT that 5.15 + acre exception recorded
in Book 726, Reception No. 1648407 more particularly
described as follows : Commencing at the East Quarter
corner of said Section 33 and considering the East
line of the Southeast Quarter of said Section 33 to
bear South 00°20 ' 10" East and with all other bearings
contained herein relative thereto; thence along the
East line of said Southeast Quarter South 00°20 ' 10"
East 782. 00 feet; thence North 85°58 ' 10" West 280. 00
feet; thence South 00°20' 10" East 735. 49 feet; thence
South 46°23' 50" East 137. 10 feet; thence North 89°39 ' 50"
East 180. 46 feet to a point on the East line of said
Southeast Quarter; thence along said East line South
00°20 ' 10" East 1033. 16 feet to the South line of said
Southeast Quarter; thence along said South line North
89°04 ' 36" West 2632. 07 feet to the West line of said
Southeast Quarter; thence along said West line North
00°31 ' 05" West 2627. 79 feet to the North line of
said Southeast Quarter; thence along said North line
South 89°00 ' 31" East 2640 .48 feet to the point of
beginning. Subject to existing road right of way
along the Easterly and Southerly lines of said de-
scribed parcel. ALSO, subject to any other rights
of way and easements of record.
does not come within the purview of the definition of the terms
"subdivision" and "subdivided land" as set forth in Section 30-28-
101 (10) , CRS 1973, as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado desires to exempt this particular division of land from
the definition of "subdivision" and "subdivided land" pursuant to
its authority under Section 30-28-101 (10) (d) , CRS 1973 , as
amended, and Section 2-lA(3) of the Weld County Subdivision
Regulations;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land owned by Richard H. Koentopp be exempt
3 760577
from 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 Section 2-lA(3) of the Weld County
Subdivision Regulations.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 29th
day of November, A.D. , 1976.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
44/16-4-17
ATTEST: ✓ I1ut
Weld County Clerk and Recorder
and Clerk to the Boar ,
BY: . C r ✓ P A ��J c
Deputy County clerk
APPRO D AS TO •
County Attorney
-2-
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li
/ RECEIPT FOR CERTIFIED MAIL-300 (plus postage)
SENT TO
Richard Koentopp POSTMARK
OR DATE
'CT STREET AND N0.
[-I
___6911S. Newlord Stree
('1/4' P.O., STATE AND ZIP CODE
r-7 Littleton Colorado
_ OPTIONAL SERVICES FOR ADDITIONAL FEES 11-29-76
RETURN t. Shows to wh and Data del om ivered 654
- "
RECEIPT With delivery to addressee only SERVICES 2. Shows to whom,data and where deli 35.. 350
With delivery to addressee only
DELIVER TO ADDRESSEE ONLY 500
O SPECIAL DELIVERY ui SOp
Z (eMra fee required)
PS Form 3800 NO INSURANCE COVERAGE PROVIDED—
Apr. 1971
NOT FOR INTERNATIONAL MAIL (See ether*GPO 1974 O-551-454-454 Co
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DEPARTMENT OF PLANNING SERVICES
�. WELD COUNTY CENTENNIAL CENTER
915 10th STREET
�+ GREELEY,COLORADO 80631
GARY Z. FORTNER
C. PHONE
PLANNING
1111DE (303) 356-4040 00, EXT.400
COLORADO
November 22, 1976
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Recorded Exemption #237
Dear Commissioners :
The attached application, plat, and related items are in
reference to a request by Richard Koentopp of Cohee, Ltd.
for a recorded exemption. The parcel in question is
described as part of the SE* of Section 33, T4N, R67W of
the 6th P.M. , Weld County, Colorado. Said parcel is
located five miles south and one mile east of Johnstown.
The subject property contains 153. 74 acres of predominantly
Class II and IV irrigated soils. The request is to split
the property into parcels of 5. 54 acres and 148.20 acres.
The 5. 54 acre parcel would include the existing farm im-
provements which Mr. and Mrs. Younger desire to obtain for
residential purposes. Mr. Fred Gibbs, Mr. John Pearson,
and Mr. James Davis presently have a contract to purchase
the 148.20 acre parcel . Their stated intent is to continue
farming the 148. 20 acre parcel and increase the production
of this parcel by the addition of a sprinkler system thereon,
which they contemplate completing prior to the planting of
the 1977 crop. Currently, due to the presence of a drainage
draw and resulting topography, only about one-half of the
148.20 acre parcel is presently used for row crop. The
addition of the sprinkler system to the subject property by
Davis, Pearson and Gibbs would apparently increase the agri-
cultural productivity of the subject property. Mr. Davis,
Mr. Pearson, and Mr. Gibbs presently have no need for the
improvements on the proposed 5. 54 acre parcel since they all
currently reside in the Greeley/Eaton area.
WELD COUNTY COMMISSIONERS
GLENN K. BILLINGS
VICTOR JACOBUCCI
ROY MOSER
NORMAN CARLSON
JUNE STEINMARK
Board of County Commissioners
November 22, 1976
Page 2
Based upon the information submitted and the adopted policies
in the County, the Planning Commission staff recommends the
request be approved for the following reasons :
1. The proposed split complies with the Weld County Compre-
hensive Plan, the intent clause of the recorded exemption
(Section 9-2 of the Weld County Subdivision Regulations) ,
and the intent clause of the agricultural district (Sec-
tion 3. 3 A of the Weld County Zoning Resolution) inso-
far as it promotes agricultural use of agricultural lands
and would apparently increase the agricultural productivity
of the subject property.
2 . The request complies with the provisions of Section 9-4 A
of the Weld County Subdivision Regulations.
Res tfull
tim
Thomas E. Honn
Zoning Administrator
TEH/pmr
R RECORDED EXEM ? 1059-33-4- RE- 2
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APPLICATION FOR RECORDED EXEMPTION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY :
LAND CODE : CASE NO : RE-2
T : 5 : 1 /4 : DATE : /O /v
LEGAL DESC . APPR : APPL . E : S
APP . CHECKED BY : RECORDING
DATE SENT TO BOARD: RECEIPT NO . : /?7c?
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 rtcorded exemption by the Weld County Board of County
Commissioners : LEGAL DESCRIPTION :
RttA.MUcU t:Nytirlicnvisv.
The Soutr.cast Quarter of Section Townenlp 4 ':art::, Rance 67 West of : t_te P.A. , We id
Co -z.radc, EXCEPT that 5.15 + acre exr_ptio.n recorded in Scok 12 _ e _-, - 3a No. It
.. ar ictiarly described as foliows: Cos.:-•enc:Lnc at the East Quarter _ . . -...r c f s=_5 _. _" _ .
._ r._..:_s.._.er rig the East lire of the Scut -east Quarter of saint Sect.- 33 to wear SCL..-n
03°2i '10" Last and with all ocher bearings contained herein relative to . ttence ai -
of said Southeast Quarter South 0C°20' 10 East 702.00 feet; the: __ North 85/5-8' 1:"
2SG.CO feet; thence South 00°20'10" East 735.49 feet; thence South _3'50" East
feet; thence North 89°39'50" East 150.46 feet to a point on the East line 7..t" said Southeast
cterter; thence along said East line South 00°20'10" East 1033.16 feet tt `_ e South line of
-_d Southeast Quarter; thence along said South line North S3°04' 36" Wee - _"3_.07 feet 'Lc t:_.
-.e r said Southeast Quarter; thence along said West line North __ .C5" West
_e r, =t'. tine of said Southeast -.tarter; t.:er.ce al_oc said t.cY ' _ne Sottt
._ ftei :'.-.e roint of begitritt. Sabiect to existing rtel _ _ _ aT7 -- -
•
APPLICATION FOR RECORDED EXEMPTION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY : �. .
LAND CODE : CASE NO : RE-2
T : S : __ _ 1 /4 : DATE : %p i8 -'t- A
LEGAL DESC . APPR : APPL . FE : = 5"o.
APP . CHECKED BY : RECORDING EE : ti
DATE SENT TO BOARD : RECEIPT NO . : , 7,7c/7?
DATED FILED & RECORDED :
TO BE COMPLETED BY APPLICANT : ( PrT• 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 :
r,r_t VKJrU tit; ':rIILry skv. �.__,_.. __ __ ..
ACREAGE : LOT "A" 148.20 - ; LOT "B" 5. 54 ;TOTAL : 153.74
HAS THIS PROPERTY BEEN DIVIDED FROI OP HAD DIVIDED FROM IT ANY OTHER PROP-
ERTY SINCE AUGUST 30, 1972? YES_ Let NO
FEE OWNERS OF PROPERTY :
NAME : Cohee Ltd. ADDRESS6977 S Newlord S$NONE : 667-2707
NAME : ADDRESSLittleton, Colo. PHONE :
NAME : ADDRESS PHONE :
WATER SOURCE Tittle Thompson Tap 384
TYPE OF SEWER Septic
PROPOSED USE Lot A. Farming Lot B, Residence
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 know dr..,
COUNTY OF WELD
STATE OF COLORADO }
S gnature : wne or Aut o ized Agent
/
Subscribed and sworn to before me this / 2 day ofa ��� 19 )7 ‘,"
SEAL
tea _ P> '
NOT RY PUBLIC
L•/ Ga•arn!5<ica c; Ira; Feb. 3, Ina
My commission expires :
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS , that I , Rick Koentopp
(name) , the undersigned, of 1911 Leila Dr.
Loveland, Colorado _(address) ,
County of Larimer , State of Colorado , here-
by constitute, make and appoint Daniel L. Younger _
(name) , of _ 6830 West Co. Rd. #20
Loveland, Colorado (address) , County of i,arimer__,
State of Colorado , my true and lawful attorney-
in-fact, for the following purpose :
To represent me in the matter of the foregoing attached
application for a recorded exemption
(variance, recorded exemption, etc. ) , in regard to and only
in regard to the particular property described in said ap-
plication, before the Board of Counts Commissioners
(Board of County Commissioners , Board of Adjustment , etc. ) and
to present evidence on my behalf before_ /sawid Board.
J� 2
Cel7rTh---
Afi-el
Subscribed and sworn to befo e me this �_ day of
7 1976
—tkew, .; O. liar-Notary Public
Iry Con-minicn oxpiros Feb :3, w
My commission expires : .__. _ _
October 18, 1976
Weld County Commissioners
9th Avenue 7 9th Street
Greeley, Colorado 80613
Dear Sirs :
Thank you for your consideration in this matter.
We are applying for a recorded exemption on this
farm for the purpose of establishing the 5. 54 acres
as a residence only. The present house will be
used as a home, the land is sufficient to pasture
several head of livestock and we have written per-
mission to pump water for irrigation purposes from
a pond located on lot A.
We appreciate any help you can give us at this time.
Sincerely,
ter
J�J
LETTER OF INTENT
To : Weld County Board of Commissioners
Gentlemen:
This letter of intent is to indicate our proposed use of the
14.8 acres, which will be the balance remaining upon the completion
of the special exemption.
Our intent is to continue farming and increase the production
of this farm by the addition of a sprinkler system. We are con-
templating completion of this prior to the planting of the 1977
crop.
Enclosed with this letter is a U. S. Geological Survey map
with colored enlargments showing the topography, present land in
production, and production increase due to the addition of the
system.
The improvements are located in the Southeast corner of the
farm and because our residences are already in the Greeley-Eaton
area we have no need for the improvements as occupants. This
being our request for the special exemption.
Sincerely,
�Ra/Ng9E o F _.
dra L a
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eo,./N.3.I/Z
L.,fee G'11 .
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WELD COUNTY PLANNING
CERTIFICATE OF CO?IVE`VANCES COMMISSION
STATE OF COLORADO)
COUNTY OF WELD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it ha.s made a careful search of
its records , and finds the follo°wino, conveyances affecting the
real estate described herein since :'august 30 , 1972 .
LEGAL DESCRIPTION :
'P x+ Southeast Quarter cif' Sta�'n. 3k , Y -11.-).,-24.4).4.2., ,i sd be
q y, f * l y ;qq . y x ; f So c'r.
eullt�T .C��,QI[ddQ r A�,l�� ,�� 't" �>{ � .. 7 � 9 .LM1?.Y
mere pax'tOnlaczl,'Y 4&4' k - 'G FiT-,3 'r i r �f' Y`.aw Ai i
2 1,. +� !'�z� C�(h' t .4 c� '' �+ ' f'' '� tY 40a a
3):anti' constde ^in.g the`Eont� ., , s� . /Air':1 .4 4:1 j IAnrOctioi" pap tSo
. O0'20'J.On .Easy-and +ri. ;i l- e* e O,,#,, •s'r . n M, ° e then enceAii4n
Eat line eof %ai6',:4outh�st,_g+}iirte v Soutjt + t," +# n 1, Ott k`i'ph .. ti 3 °58'
.
west ?$0-.-Q0,feet; thence •Soutlh OQ"2Q+10"-8a { E thex}a o- buth, 4 ;h +"" $a�, ,
feet, thence North 899'so, £ast:180.46 � t
keg/ a .. �, ,,`, the 0. lira la kl.ur iPli
Quakter, .thence along said East .ilpe south 0•104 . 1-;44f " '. , s 33 ianiti�et t4 3 r, th 14.ntf .p
said Southeast Quarter, thence gl j sai,4i 4 •�:., 54 9.04'46' West 3 feet tp
west line of ,said'Southeast t,teri tthen s' t " re l s th''o4' ''C` West.2627
feet to -the Ncn ts' line of`sal ou1411easkt 1 ''<e, r
,. ,» North th 89 tA0
East 2646;48 feet -to the poi +ef bagii nI A , , ,i 4' s . a d ; ' t< a a
' *+ `3, 9. t Y mss ,±t+
Easterly and southerly lines saSsi.d descx - p, ,
CONVEYANCES ( if none appear, so state ) :
Reception no: 1641846 __ _ , Book 720 See attached copy
Reception, no . 1641847 �, Bcok 720 See attached copy
Reception no. 1650504 " , Book 729 See attached copy
Reception no . 1650505 , Book 729 See attached copy
Reception no . 1650661 � �, Book 729 See attached copy
Reception no. _ __ __ _ _ , Book
Reception no. , Book
Tni : Certificate is made for the use and benefit of the Planning
Commission of Weld County , Colorado .
This Certificate is not to be construed as an Abstract of Title
nor an opinion of Title , nor a guarantee Title , and the liability
of TRANSAMERICA TTTT.E TNRTTRANf F. COMPANY
is hereby limited to the amount of the fie paid for this Certificate.
In 'fitness Whereof, TRANSAMERICA TITLE INSURANCE
COMPANY has caused this certificate to be signed by its proper
officer this 12th day of October , A. D. 1976, at 7: 45 A.M.
o ' clock.
TRANSAMERICA TITLE INSURANCE
COMPANY
atQ
By fi.,
T !ZED SIGNATURE
•
•
•
•
"y �. etl:xk . AU_ -_7974
i I I r�l i Rea No. 1t .11846 S. Leo Silsbee, lr Ricardo "�`
..`' � `71 REALTY CO. z / '
i a, ':;1:. _COLUL:1L0r WYOMING, MONTANA AND NEBRASKA
•
`__j • • TELEPHONE 13031 352.1800
3835 W. 10th STREET,GREELEY, COLORADO 80631 ,
SPECIFIC PERFORMANCE CONTRACT
(FARM AND RANCH)
. Greeley Color�rdoo�rd�rr.!/'F/ rune 7 Ill 74
RECEIVED FROM JOHN K. UECKER and JANET EkedEC. A '
• -'r'r`0�r •� personal check
Purchaser Us Joint tempi),the sum of$ .. ran of t
' to be held by Scott Realty Cu., Trust Account broker, in his escrow or busies account, '
as earnest money and part payment for the following described real estate situate In the •I
county of Weld Colorado,to wit:Southeast Quarter (SEC) of Section i,
ra 33 and the Southwest Quarter of the Southwest Quarter (SW1/45W ) of SecT34, '
Township 4 North, Range 67 West of the 6th P.M. excepting right of way conveyed.. t
"
to Colorado Central Railroad Company by deed recorded in Rook 8, Page 289, Weld �!
County Records, and right of way conveyed to Union Pacific Railroad Company by ;'
deed recorded in Book 287, Page 44, Weld County Records, and excepting reserva-
tions contained in patent recorded in Book 153, Page 40, and in deed recorded .
N in Book 77, Page 327, and excluding therefrom 5 acres more or less where the
Dtici.te Ullmann house is located with specific legal description to be furnished
by Seller prior to closing.
Together with all ditch and water rights and enlargements and extensions of the -
came pertaining to or in any way belonging to said land or used thereon, or held
:r controlled or acquired for use thereon, including 10 shares of capital stock
of the Ish Reservoir Company and 2 shares of the canital stock of the Highland '
Ditch Cmmnai.v, also an allotment of 210 acre feet of water from the Northern i.
Colorado Water Conservancy District, and B shares of the capital stock of the
Farmers Extension Ditch Company. Seller reserves 1/2 of all oil, gas, And mineral I
rights he now owns with the right of ingress and egress for the exploration, discovery
zr;..ovTo E o i
.:hh all easements and rictus off way appf rtenant thereto,all improvements thereon and all fixtures of a permanent
mane currently on the prende, (6,/tt...,ll/2 hereinafter provided,in their present condition,ordinary wear and tear I
Ull.1.:;:y4 apes
^excepted,known as t:
ghlch property purchaser C o buy upon the following terms and conditions, for the purchase price of I
.41''27�� 'MO<t, IPOeyoat'.
tt= payable y g follows o $ —I+dminiettration
} ;19r36G{O by purchaser applying for and obtaining Farmers Home Administration - r
financing; �and 5120,700 by Purchasers Promissory Note to Seller secured by First � i •
Peed of Tru:;t on subject property. Said Promissory Note and Deed of Trust re- [�j .
• .ayabl'e in 14 equal annual principal installments of :..7, 61-0-.00 plus 71,e accrued '; •
_:,serest on the unpaid balance and 1 final principal installment of $8,7000 ��`�
'sus accrued interest on the unpaid balance. First principal and interest pat— i
• ant due January 1, 1976 and each subsequent January 1, thereafter with final "� �rr) 1.
installment due and payable January 1, 1990. Y
Seller grants Purchaser prepayment privileges on any principal and interest pay, 'fl�
ing date in an amount not to exceed 29% of the original purchase price beginning
January 1, 1978. /
/f1 i/ • t
1.If a note and trust deed or murices.fa to be assumed,the purchaser agrees to pay a loan transter fee not e
i
i—1 1 „ to exceed $ n/a and it Is a condition of this contract that the purchaser may assume such enemas. •
•
trance without change in Its terms or conditions except none
2.Price to include the following personal property: Carpets, drapes, aluminum irrigation
• pipe, and propane tank
to be conveyed by bill of sale at time of closing In the4 present condition,free and clear of all personal property laxµ
:!ens and encumbrances, except:
and except any personal property lien. In any encumbrances specified In paragraph 6
•
The following fixture.of a permanent enure are excluded from thle eel.. none
3.An ebuwuet of title to mild property,certified to date,or a current commitment for title insurance policy la
an en,ouu equal to the purchase price,at caller's option and expense,shall be fcrnbhod the purchaser on or before
Nov,:r! r 1 7.1
_, 111—. If seller elects to rurnlab said title Insurance Commitment. elder loll
deliver the Otte hauntece policy to purchaser after clog tag and➢ay the premium thereon.
NO. SC 267.11 tinting Poloist*Gnarl tiem are 14.A° I
i
she and..al ell In.manna art On CawrJ.Van Ebbs Ceasu„h (SC 11-141• iI
•
• r'. .-a.
I
/-t1•. • Title shill be mereheotable la the seller.Subject to payment er lerel-- 29 ate... .rayless sae comDlisace •••4'-'1,-
• h :.oL',or torma and renditions homemade:by purchaser,the seller:feel o r,-.•:7e and delivers tend sera sutflciee'
-- - ?1 warranty deed to said pureL.sa;ea .3annnr�,_i 75 -
• r 2f-. _.Or, by motua: -,rr-
et,et an earlier date.conveying said property free and clan:;11-,
.:i taxes,except(he general two for 1135—,
.. eery 1,111.2.V.-. '
mad twee.�Lnorl-1 . • ._.:11 _..,.. .•..�
;free t._, r • . :1 ad ooeu:t?_rues oxe.pt:
•
U:e follow:es a-4o,aenta: Of reenzi,_if ,
•
ce..`r i•.Lai;,l::g end seeing rejul.Cons and the rallowlac r..etrktive eotrcccu•�^ nrr� jf env,
eneambreuces required mar:me paid from the proreete ;f thla trace 'J c•
•
•
S.Ceeer.tl taxes for 19Z1.-.personal property taxes, prepaid rents. water rents and aeseaamente. ant ill.
-et on emceebroncos,U any.and 53s and oil lease payr+gnt. if .any*.
shalt be apportioned to du te•et•doliverroSeleo.l.c;t 3 niu't 1# 1975
.r•Ne:.as YY
•
With respect to the growing crops the seller and purchaser scree as follows• none
i.'rho hour and place of closing shall be as dealgnated by Scott P_11 ty Co.
1.Po::aenelon of promises&hall ba delivered to purchaser on J: 'ry lr 1'175
,.;:blest to the fcl:owing losses or tenancies: per•_
a.'MA risk of lose from stay damage to the improvements by fire or other casual' prior closing
•.11 be en the seller,provided however that If the salter shall maintain insurance on said improvements which
co,ap.::oat✓for the full replacement value thereof,the seller may at hit cello%assign the proceeds of said in-
•..cce wpure.:c•.r,in which case the purchaser shall complete the transaction as hereto provided. The nab of
a for any der,•_:a to growls;crops,by fire or other casualty shall be borne by the party enUUed to said crops as
•
_riled la peregreph 6 read such party shall be entitled to the Insurance proceeds. •
1.7-yo Is the easonce hereof.and If any payment or other condlUee hereof le not made. tendered, or pen
:_.r1 t:tither the seller or•purchseer as hereto provided.then this contract, at the opUon of the party who he
.1 la C.• At,Joey be tarndu,tad by such perry.In which case the non-defaulting party may recover such delouse
• :i:aY'a;::� =r In the event of such default by the seller,and the purchaser efect.to treat the contract as ten
ieJ.4...a all peymaata made hereon shall be returned to the purchaser.In the event of such default by the per-
• r, the teller elects to treat the contract as terminated, then all
payment* made hereunder shall be for-
.'
._._i .1 on Le_elt of the caller.In ILa event,however,the not•de.'_ulti j party eleate to treat this con-
....t c in full force and otf..t,then netbla,;herein shall be C41124 11:4 to prevent its specific performen_e.
10.::the event the seller fella to approve this Instrument in writing on or haters Tune line
74 or if title Is not merchantable and written notice of detects Is given to the seller or ageut within the
Lee.••,pre v1144 for delivery of deed and shall not be rendered merchantable within 110 day.after such writ.
..cot!e:,then We contract.at purchaser's option,shall be void and of no effect end oach party hereto shall be re-
..ed free all obligations hereunder and the payment.made hereunder shall De returned forthwith to purchaser
,n rotcrn of the&WWreck It any, to seller; provided,however,that in 11au of correcting such defects,seller may,
'in sa'd 110 days,obtain a commitment for Owner's Title Insurance Policy In the amount of the purchase price ' •
,.riug iS:o mite to be free from such detects and seller shell pay full premium for such Title Insurance Policy,
11.A-14P.lonul Provletone: •lnri of 1 lenco to he caa1 .%„_to P,:r,' xpr_
loan e,,:•sit::ant ::hall b: rccl+iyed Dy Purchaser on 1,t:.r.: fir n fQ t'.-y n from flats herein
...,:•., .,) r•-er• • r'ln•� •
_.. .— • � Y r3�•~,�^it r,�fprrr•rT to nn t•h., rr•",.-��
• rev., .t t n �i,i._ h-.r:.nf ~hall
!'�p11'=e" on rtit.a of r•1nain0 nr if Fa , �r tln�np F.r1^ri_nand:.f is t-�nic.l. Y' .: ni r.frnfiAn
12. Uyoa rep;,;✓:_i hereof by the seller,tills agreement shall becomes contract between seller and purchaser
_.-.le shall Ltar a to the benefit oil'ee heirs/successors and ensigns of said partied.
..,/!/!•../.;(7)
.'/I�l.1/4/4/
—,./(1.-11/z/(:- Agent ��. . P"r.T'1'Y NCoy
r... _ .• i k./ (/./r/S S J (,,i,/7u/
, •
t%• 'c: • r.,the above contract this 1 --day et Jtr,
It t• mid agrees
+y t•c. ,,t,;'' •`';i of the ercae r.'"price for sore•Ieea in this treneect:are,sot■jreee that,in the.vent
by purct.aeor.etch payments shall be divided between the seller's Drake,and the
.ikr,e,.,,l.,lf tL.reef I, saki broker,but not to exceed the eewtuioe1en,and the betimes to the seller.
amwr
l'urchue.,Ya AJlresa Route 1, Sox 173n, T,nye1 I
..flier's Ada;(ese
I; ' o w r
\\: ,nee
3. W
a re.
I
720 ?/D AUG 21974
Recorded of t.J.. ,_ o clock —
Pm, No. ..1L._'' 1A7' F. La Sh.h,p Je. Rem,de,
•
I—/
ASSIGNMENT OF SPECIFIC PER OCr;hjlCE CONTRACT
For and in consideration of $10,000.00 ($5,000.00 of which
yy
rents
Accountreplacement earnest
represented by deposit
Promissory Noteetotbe
or before closing), we, JOHN K. DECKER and JANET S. DECKER,
all of cur right, title and interest unto BOBBY D. CANNON and
.0 E. JOHNSON, in and to that Specific Performance Contract
and Ranch) (and all property therein described), d^ted June 7,
". _ wherein we agreed to purchase.approximately 197 acres located
he Southeast Quarter of Section 33 and the Southwest Quarter of
r- = - don 34, Township 4 North, Range 67 West of the 6th P. M., in Weld
0 N Cacty, Colorado, known as the Ullmann Farm, and we do further assign
o::: deposit being held by Scott Realty Co. in trust unto said BOBBY D.
C:::.:ON and RICHARD E. JOHNSON.
Signed this .2nd day of August, 1974.
o
backer--
net S. ecker
August 2, 1974, , we, BOBBY D. CANNON and RICHARD E. JOHNSON,
-- iy accept the above assignment of said contract and agree to comply
all provisions as set forth therein.
We also wish to disclose to all parties that we are licensed
:state Agents in the State of Colorado, and we are employed by
-and Realty, a sales agency, and that we are purchasing said contract
property for our own account.
7Bouby annon �
Rich d E. Johnson
tE OF COLORADO)
:r'Y OF LARIMER)
Subscribed and Sworn to before me this 2nd day of August,
;'1, by John K. Becker and Janet S. Docker, Bobby D. Cannon and
lard E. Johnson.
. 0 '14y Commission Expirest 2-23-76
•2T4 .H1.iness my Hand and Official Seal,
111 1./Y,
'^1011 I Notary Public i%
I
1
- .-exell R« ne.: o'elwa 4._ M.. ..._...url Lt5i" \\
CI \Reo•rb„n No 1030;0.-- S Ltt t.I..,tL. ,"
,, Br-. : D. CA:ak)!I and NANCY E. CANNON and•
PI 1 FJ E. JOHNSON and MAP.? ELIZABETH JOHNSON
1. whose address is Loveland, Colorado
• County of Latimer ,and State of
t. ,
i Colorado ,for the consideration of OTHER GOOD AND .j R It Ii VALUABLE CONSIDERATION AND ONE AND 143/100
I
G Dollars,in hnud paid.
' herrbv eell(a) and quit claim(e) to-HENRY. ULL'MANN, also known
as HENRY ULUTAN
f ' `" se' who addreasis Route 1, Box 173➢, Johnstown,Colorado
' 4,
s County of Weld ,and State of Colorado
.,� ,the following real
',f s property,in the ,County of Weld -
and State of Colorado,to wit;
i :,.• The Southeast Quarter (SES) of Section 33, Township 4 North, Range 67 West of
I the 6th'P,M., Weld County, Colorado; EXCEPT that portion described as follows:
.. Commencing at the East Quarter Corner (ES Cor) of Section 33, Township 4 North,'I . • Range 67 West of the 6th P.M., Weld County, Colorado, and considering the East- N, line of the (SES) of said Section 33 to bear South 00° 20' 10" East and with all
ti other bearings contained herein being relative thereto; Thence South 00° 20' 10" I
I. cv East along the East line of Said SE ona-+ ( 4) a distance of 782.00 feet to the True
Point of Beginning. Thence North 85° 58. 10" West a distance of 280.00 feet;Thence S o outh 00 2C' 10" East a distance of 735.49 feet; Thence South 46° 23' 50"ji East a distance of 137.10 feet, Thence North 89° 39' 50" East a distance of
180.46 feet to a point on the East line of said (SES); Thence North 00° 20' 10" l-West, along the East line of said (SES), a distance of 809.30 feet to the True Point of Beginning and;
The Southwest Quarter (SWS) of the SouthwestQuarter SW ll
ship 4 North, ( S) of Section 34, Town- I
Range 67 West of the 6th P.M., Weld County, Colorado; EXCEPT the
interest as conveyed to Union Pacific Railroad Company, a Corporation,in deed recorded September 18, 1908 in Book 287 Page 44, Weld County Records in and to a strip, piece or parcel of land 200 feet in width, being 100 feet on each side of the following described center line: Said center line crosses the South line
I . of said Section 34, at a point 1187.6 feet East of the Southwest Corner (SW Cor)I of said Section and extends North 30° 07' East a distance of 4513.4 feet to a
point of curve; thence on a 1° curv
e to the right a distance of 1040 feet to point of tangent; thence North 40° 31' East a distance of 528.7 feet more or •
less to intersection with the North line of said Section at a point 698 feet
West from the Northeast Corner (NE Cor) of said Section 34.
Together with 10 shares of capital stock of The Ish Reservoir Company and 2 share
of the capital stock of the Highland Ditch Company, also an allotment of 210 acre
feet C Northern Cole. Conservancy District, and a shares of the capital stock of
�Y(M I{x�is�> to
1'n° �arme rs Lz eC nion Ditch Company.
with all its appurtenances
Signed this 18th day of December ,19 74
BOH De CANN
pyN-•J /Jn •!
NANCY it f INON JJ "—
�
•.,.:46.,..t:e. bki•—lrtt,,_—__—.--
R19HARD E. JOHNSON 11 �
STATE OP COLORADO, !MAR°' �l
Y L EIZAUTH JOHNSON/
County of LARIMER .
The foregoing instrument was acknowledged before me this 18TH day of December (husband and wife)
19
and NAN
RICHARD E. JOHNSON and MARY ELIZABETH JOHNSON.
,l
SON. husband and wifeCV E. CAK'IOtVand
My commission expires December 27, 1975
Witness my hand and official seal
r
ii
•
_..— .rh_e. ..,1- _Notarr Pa`C.n,S i A .
+' -tenor oaken"'pro„or nr:o"•Ins Insert v s
cy. /-.. '1-- l.x..,:a u. rte.n,.or.oa .r 0 o •... ,w s^oots.:: o .r. . ,.or ouch
� . II
• II
. • 6%,..b3. Vtlr CLAIM DZEn-.M,/.,.•-gee.IITI.Il u sandal In!-?:1 Y
c"ss•v.c:.Strtal s,,..L nn.e.rams,
I
1
I
iPI
-?J 7h-
Xti�j P.n+ard let"' r 4r ock? 51.. �cC 1 ° IO�,j _.
-... ... .. S. La S;.H L a t..
,),.
f
II Ill% OEFD, 11...1., thle 18th day of December , 1974
• ! I; Ilt:dRY L'LUSCi, also known as !""PY stA22<"°-""' l.1L._'.I and
M. MAXIM. ULL ANN, Husband and Itife
a
I
-. of the Ls,,,,, bocurneaniu,
f
t l Icounty or Weldf , and State of Gdorado. of the first part, and
ROBBY D. CANNON and RICHARD E. JOHNSON0 •
' ..."'t of the County of W I Latterand Stara of
,,.I on Colorado,of the second part:
0
j .n
1'� — WITNESSETD,That the said parties of the first part,for and in consideration of the sum of
i^ ---OTHER GOOD AND VALUABLE CONSIDERATION AND 0
to the raidparties TEN---•----------
DOLLARS
,., of the first part fn hand paid by said part lea of the second part,the receipt whereof b
l!� riI
hereby confc:ard and acknowledged, have granted,bargained,sold and conveyed,and by '
grant,bargain,sell,convey and confirm,unto the said atheso presents do
ever,all the following des•ribed lotparties of the second being in hdmirs end assigns for. .0
or parcel of land,situate,lying and being in the t.)
t County of Weld and State of Colorado to wit: The Southeast )
c� of Section
6ThirCM.Thirty-three
et(33) in TownshipFour (4) North, Range QSixty-seven "
rr County 9e1d, State of Colorado, Except that portion '�
described as follows: .Commencing at the East Quarter Corner (E1/4 Cor) of
u Section 33,.Township 4 North. Range 67 West of the 6th P.M., Weld County Colorado CO
and considering the East line. of the Southeast Quarter (SEA/4) of said Section r_;
33 to bear South 00° o 20' 10" East and with all other bearings contained herein
being relative thereto) Thence South 00°20' 10" East along the East line of said
Southeast Quarter (SE1/4) a distance of 782,00 feet to the True Point of
Beginning; Thence North 85°58' 10" West a distance of 280.00 feet; Thence South
I 00°20' 10" East a distance of 735.49 feet; Thence South 46°23'
distance of 137.10 feet; Thence North 89°39' 50" East a distance 0 East
of180.46 feet
to a point on the East line of said Southeast Quarter (SE1/4); Thence North .
00°20' 10" West, along the East line of said Southeast Quarter (SE1/4) a
distance of 809.30 feet co the True Point of Beginning, and;
The Southwest Quarter of the Southwest Quarter (SW4SW4) of Section 34, T
3 - ship 4 North, Range 67 West of the 6th P.M., Weld County, Colorado; EXCEPT the• interest as conveyed to Union Pacific Railroad Company, a Corporation, in deed
recorded September 18, 1908 in Book 287, Page 44, Weld County Records in and to
'a strip, piece or parcel of land 200 feet in width, being 100 feet on each side
of the following described center line: Said center line crosses the South line
of said Section 34, at a point 1187.6 feet East of the Southwest Corner (SW Cor)
of said Section and extends North 30°07' East a distance of 4513.4 feet to a
point of curve; thence on a 1° curve to the right a distance of 1040 feet to
point of tangent; thence North 40°31' East a distance of 528.7 feet more or
less to intersection with the North line of said Section at a West from the Northeast Corner (NE Cor) of said Section 34f point 698 feet
Ij - Together with all ditch and water rights and enlargements and extensions of the
same pertaining to or in any way belonging to said land or used thereon, or held
' . or controlled or acquired for use thereon, including 10 shares of capital stock
The Ish Reservoir Company and 2 shares of the capital stock of The Highland Ditch-
Company, also an allotment of 210 acre feet of water from the Northern Colorado
Water Conservancy District, and 8 shares of the capital stock of the Farmers
Extension Ditch Company.
Grantors reserve one-half (4) of all oil, gas and mineral rights they now own
with the right of ingress andI
9 egress for the exploration, discovery and removal
I of sane. Subject however, to the existing oil and gas lease
j.
•
•
•
729 1659505
e•
ri TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise 1
a,pertaining, and the reversion and reversions,remainder and remainders,rents,Issues and profits thereof,and all .1
the,....,.e,right,tit'e,interest,claim and demand whatsoever of the said part fee of the first part,either In law
or equity,of, in and to the above bargained premises,with the hereditaments and appurtvesnees.
TO!LAVE.,t\D TO HOLD the said premises above bargained and described with the appurtenances,unto the
Isaid part ies of th and part, their heirs and assigns forever. And the said port lee of the first part,
Che1C
for then set vas ra,executors,and administrators,do eavenant,grant,bargain,and agree to and
ith the said part lee of the second partFlreit heirs acid assigns,that at the time of the enscaling and delivery
of these presents, they are well seized of the premises above conveyed,as of goal,sure,perfect,absolute and
ind•fem,ibie estate of inheritance,in law,to fee simple,and have good right,full power and lawful authority
to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same am free and clear
from all former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or
nuturssoever, EXCEPT 1974 tuxes due and payable in 1975; SUBJECT TO conditions,
co nante, easements, ,.xceptions, reservations, restrictions, rights—of—way and
mineral leases of record, if any
•
•
and the above bargained premise.In the quiet and peaceable possession of the said parties of the second part,
their heim and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof,the said part ies of the first part dull and will WARRANT AND FOREVER DEFEND.
IN WITNESS WIIEREOF,the said parties of the first part have hereunto set their hands
and seal the day and year first above written.
�"rA l
P ............. .._.............._•.....
. . .._._........ ...._. ._.._._
I7CL _. ...��yt
•
1r LEI 4LutivA :..,�„r
, (s
;` •'l .,.a.a,,,,,. 7n d iSEAL)
j t•I opT:iT£OF COLORADO. l M. MAXI E ULLNANPI, husban end w e
ibunty of Weld
T1si strurhent was acknowledged before me this 18th day of December
-1974 „.0.01 .RY`ULLlIAN aka IlENRY l/LLlLLW and H. MAXINE ULLNAN:I,husband and wife
jfypcy;t C sa}t1 exc. � ; .- ao/ .19/�c eNitnesa my hand an��f^Irau std.
c bee.
No.9e1 WARRANTY DECD.—Fe,IMrvr.e ieltn.e.-Be.Need Nblabt s Co..Sea4O Mat Stmt.Denver.Cobnde—Y1a
._
Record..' a.._ .. µ. _o'clock _l't—M., DEC 2 3 1914
i V. 729 :✓aotlan N0._1650601 s. LEE SHEER; JR, .Recorder.
Of,.\\1
1,
' I THIN DEED, Made this 18th day of December .19 74.
between
, ! I - BOBBY D. CANNOd and NANCY E. CANNON, husband "•
and wife, and RICHARD E. JOHNSON and NARY ELIZABETH State Documentary Fee I '
JOHNSON, husband and wife,
i " Dale D1FC rj- 1974
of the County of Latimer and State of Colorado,
of the lint part,and $-a�� f� o
-.1 •� COHEE, LTD., a Joint Venture,
< :'i o
J L'\
n
,-t of the County of Arapahoe and State of Colorado,of the second part:
,
.� ~
�' WTfNE988TH,Tlut the Bab part iea of the fiat part,for and In consid<ratlon of the sum of
a
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TEN DOLLARS and Other Good.and Valuable Considerations N
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to the Bald part iesof the first part in hand paid by the said part y of the second part,the receipt whereof is 0
o
hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do
grant,bargain,sell,convey and confirm.unto the said part y of the second part, its
_; heirs and assign forever,all the following described lot or parcel of land,situate,lying and being in the rt
County of Weld and State of Colorado,to-wit: r%v
•� •
ti The Southeast Quarter (SEk) of Section 33, Township 4 North, Range 67 West of Gmo
S ,
1 the 6th P.M., EXCEPT that portion described as follows:
`cam
Commencing at the East Quarter Corner (E!t Cor) of Section 33, Township 4 North,
\\ Weld County,67 West of the 6th P.M., Weld County, Colorado, and considering the East
line of the (SEI) of said Section 33 to bear South 00°20'10" East and with all
other bearings contained herein being relative thereto; thence South 00°20'10"
East along the East line of said (SE¢) a distance of 782.00 feet to the True
Point of Beginning. Thence North 85°58'10" West a distance of 280.00 feet;
`. ' Thence South 00°20'10" East a distance of 735.49 feet; thence South 46°23'50" •
East a distance of 137.10 feet; thence North 89°39'50" East a distance of
180.46 feet to a point on the East line of said (SEO); thence North 00°20'10"
- 1 West, along the East line of said (5E'), a distance of 809.30 feet to the True
Point of Beginning.
? I� TOGETHER with all ditch and water rights and enlargements and extensions of
the same pertaining to or in any way belonging to said land or used thereon,
or held or controlled or acquired for use thereon, including 10 shares of
capital stock of The Ish Reservoir Company, 2 shares of the capital stock of j
The Highland Ditch Company, 8 shares of the capital stock of The Farmers 1
l - Extension Ditch Company, and also an allotment of 210 acre feet of water from
11 the Northern Colorado Water Conservancy District.
i
` 1.
1 •
, I
V/
` TOGETHER with all and singular the hereditamenta and appurtenances thereto belonging, or in anywise
appertaining,and the reversion and reversions,remainder and remainder,rents,Issues and profits thereof;and all
the estate,right,title,Interest,claim and demand whatsoever of the BaId part ies of the first part,either In law
or equity,of,in and to the above bargained premises,with the hereditmnenta end appurtenances.
No. 463. WAUSNTY bem).-.r.,rb4n.ii.tenni.—➢radfor Pob164 _Ct,IHN&Slave Stmt.Dan,.Wort,.
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•
(\ t 1650661
•
TO HAVE AND TO HOLD the geld premises above bargained and described,with the appurtenances,unto the •
• maid part y of the second part, its heirs and assigns forever. And the said parties of the first part,
forthem acres,tink executors, and administrators, do covenant, grant, bargain and agree to and with
the said part y of the second part, its heirs and assigns,that at the time of the ensealing and delivery of
these Dreaentsthey are well seised of the Drsmisce above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance,In law,in fee simple,and have good right,full power and lawful authority to
grant, bargain, sell and convey the ea ne In manner and form as aforesaid, and that the same are free and
clear from all former and other grants,bargains,sales,liens, taxes, assessments and encumbrances of whatever
kind or nature saner.; EXCEPT 1974 taxes due and payable in 1975 subject to conditions,
.covenants, easements, exceptions, reservations, restrictions, rights-of-way,
and mineral leases of record, if any; and subject to Deed of Trust of record
to Henry Ullmann and M. Maxine Ullmann in the amount of $112,800.00.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
I its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any ,
part thereof,the said part les of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the said part ies of the first part have hereunto ace theixhaod a
Sired,seated,and Delis. m the Preseaee of m.and seals _ the day and year first above wrist �� [SEAL] .
y
4 Boh'7(,y DL Cannnp•O /
{{ �u �A...✓E _ ,7Y .P Co.,. C r/r,11--10-311-5-)._._....[SEAL]
r• Richar .E. JJdh on r Na cy anon "'
O C �.n �'LwrC�`' .__ — _..___—__. [SEAL]
V
!.i STATE OF COLORADO,
County of LARDER }" .
j • The foregoing Instrument was acknowledged before me this 18th day of December •
1 1974 ,by Bobby D. Cannon and Nancy E. Cannon, husband and wife; and Richard E.
Johnson and Mary Elizabeth Johnson, husband and wife. I
,, bfy,commission expires December 27 , 19 75 'mess my hand and of al seal. •
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SPECIFIC PERFORMANCE CONTRACT
• (FARM AND RANCH)
Loveland Colorado July 28 19 6
RECEIVED FROM Western Enterprises
Purchaser Ors-joint-tenants), the sum of $ 10,000. 00 , in the form of Promissory note
to be held by Moore Realty ,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:
The SE+, Section 33, Township 4 North, Range 67 West of the 6th P.M. ,
consisting of approximately 155 acres, together with 2 shares of the
capital stock of the Highland Ditch Company, 10 shares of the capital
stock of the New Ish, 8 shares of the Farmer' s Extension Ditch and 210
units of NCWCD, allocated to said premises.
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 U1 man Farm
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ 290,000-00 , payable as follows: $ hereby receipted for,
SEE ADDENDUM "A" HERETO AND MADE A LEGAL PART HEREOF
•
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 $ none and it is a condition of this contract that the purchaser may assume such encumbrance
without change in its terms or conditions except none
2. Price to include the following personal property: sellers to convey his interest by a
bill of sale on the irrigation equipment on said property.
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,
liens and encumbrances,except: none
and except any personal property liens in any edcumbrance specified in paragraph 4...
The following fixtures of a permanent nature are excluded from this sale: none
3. An abstract of title to said property,certified to date,or a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before
December 1 , 19__6. If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
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
g-n era 1 warranty deed to said purchaser on Dec ember 1 8 , 19 76 , or, by mutual agree-
ment, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 76 ,
payable January 1, 19 77 , and except none
free and clear of all liens and encumbrances except: the first and second Deed of Trusts men-
tioned in Addendum "A"
No. SC 25.7.71 Specific Performance Contract (Form and Ranch)—Commercial Printing Co., Fort Collins, Colorado.-8-71
The printed portions of this form approved by the
Colorado Real Estate Commission (SC 25-7.71)
.—
and except the following easements: rights of way, roads and ditches and reservations
now of record or existing, if any.
and subject to building and zoning regulations and the following restrictive covenants: now of record, if any
Any encumbrance required to be paid may be paid from the proceeds of this transaction.
Sellers to be responsible of payment of the 1976 taxes when due in 1977.
5. Ceaeiel-tsxee•£or d9•_-perseztal-pt'eperty-tmees,prepaid rents,water rents and assessments, and interest
oa encumbrances, if any,and water assessments to be paid by the sellers. _
• delivery of deed except that: shall be apportioned to date of
li
'.. With respect to the growing crops the seller and purchaser agree as follows: sellers to retain
landlord share fa' the 1976 season.
6. The hour and place of closing shall be as designated by Moore Realty and Ag—Land Realty
7. Possession of premises shall be delivered to purchaser on closing and delivery of Deed
subject to the following leases or tenancies: none
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 com-
pensate 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 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 any 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 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 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 July 30
19 76 ,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
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: The note and the wrap-around Trust Deed shall provide
that the property shall constitute the sole security for the note, and
there shall be no personal liability on the part of the makers, their
heirs or assigns. This contract shall survive closing. •
Sellers are aware that James J. Davis is a licensed Real Estate Broker
and a principal of Western Enterprises and is buying in his own account.
12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and
shall i ure to the benefit of the heirs,successors and assigns of said parties. Moore Realty, 40%
Purchaser rl/ > > y7�76 AgentTime Realty 30%; A nd Realt I� /Dad 30%
�./ . IJ. .QkX_ 1.:1—C• L. 1�
Pura Thi
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Ger By: `-✓1'"`� Ql to<r'�•+ met
.-yr.-.�[ /9` c._._--: Dad (l \
Sell N
yr pproves the above contract this :�D?_ da;; July , 19 '._and oes
to pay a commission of 6 . of the gross sales o for 1.r:ices in lids transaction, and agrees a :, in th•- - •nt
of forfeiture of payments zn:,Je by purchaser, succ- ,•.aymeu'a shall .'e divided between the seller's broker and the
seller, one half thereof to said broker, but t to ex, ed the commies' balance to the seller.
adee pfd 6r � 7t"l� �-�SelmaBoller
Purchaser's Address
Seller's Address
RECEIPT AND OPTION CONTRACT
(FARM AND RANCH)
August 16 , 19 76
RECEIVED FROM Daniel L. Younger and or Assigns
Purchaser (as joint tenants), the sum of $ 5,000.00 , in the form of a promissory note
to be held by Time Realty , 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: Approximately a 5 acre net parcel of
Land located in the SE corner of the SE+, Section 33, Township 4 North, Range
)7 West of the 6th P.M. The exact legal description to be attached and made a
tart hereof; said property line to be approximately 5 feet North of quonset
iachine shed and run in an easterly direction to middle of North to South county
-oad and approximately 2 feet South of second fence. Line to run South 3 feet
fest of, machine shed to county road.
with machine s ana rig is ot 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 Western Enterprises Farm
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
$ 42,500.00 , payable as follows: $ 5.000.00 hereby receipted for, $
represented by a promissory note to be replaced in Dash or certified funds
at time of closing; the balance of $37,500.00 to be set up in a Land
Installment Contract bearing interest at 8%, payable in annual installments
of $3, 819.75, including both principal and interest with a 13 year balloon,
for a period of twenty years. By satisfactory ,approval of Henry Ullman,
the 1st mortgage holder, purchasers shall have the right to prepay any
amount any time without a penalty.
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 $ n/a and it is a condition of this contract that the purchaser may assume such encum-
brance without change in its terms or conditions except
2. Price to include the following personal property: all drapes, carpets, tanks, automatic
waters, pump, pipe, buildings, corrals pertaining to said 5 acres as,
presently installed and now in use. The right to pump out of the pond
to irrigate the lawn, garden and pasture sufficiently with a pump no larger
than 2" out of sellers lake. Purchasers to provide and pay for survey and
recorded exemption and to do all work to obtain such.
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 encumbrance specified in paragraph 4.
The following fixtures of a permanent nature are excluded from this sale: none; This offer is subject
to purchasers and sellers being able to get a recorded exemption from
Weld County.
3. An abstract of title to said property, certified to date, or a current commitment for title insurance pol-
icy in an amout equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or
before Decemhpr 5 , 19 76. If seller elects to furnish said title insurance commitment,seller will
deliver the title insurance policy to purchaser after closing and pay the premium thereon.
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compli-
ance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and suffi-
cient general warranty deed to said purchaser on December 18 , 19 76 , or, by
mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for
1976 , payable January I, 19_74* and except none
free and clear of all liens and encumbrances except: the .Note and Deed of Trust presently
of record.
•
No. SC 24-7.71 Receipt and Option Contract(Farm 8 Ranch)—Commerelol Printing Co:, Port Collins, Colorado, 8.71
The printed portions of this form approved by the ✓
Colorado Real E Cameission(SC 24.7.71)
r%.
and except the following easements: of record which shall, however, be subject to
purchasers approval
and subject to building and zoning regulations and the following restrictive covenants: subject to approval
by purchasers
Any encumbrance required to be paid may be paid from the proceeds of this transaction.
5. General taxes for 196, personal property taxes, prepaid rents, water rents and assessments, and
interest on encumbrances, if any, and sha 1 1 he paid by purchasers
shall be apportioned to date of delivery of deed except that:
With respect to the growing crops the seller and purchaser agree as follows: purchaser to receive
any crop after December 18, 1976, if any.
6. The hour and place of closing shall be as designated by AR-Land Realty & Time Realty
7. Possession of premises shall be delivered -to purchaser on closing
subject to the following leases or tenancies: none
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 insurance
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 pro-
vided in paragraph 5, and such party shall be entitled to the insurance proceeds.
9. Time is the essence hereof, and if any payment or any other condition hereof is not made, tendered, or
performed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both par-
ties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the
seller, as liquidated damages. - -
10. In the event the seller fails to approve this instrument in writing on or before August 17
197_6_ , 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 no-
tice, 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 up-
on 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: This offer is conditional upon purchasers being able
to close on their home and tract prior to the December 18 closing. of this
contract, located at 6830 W. County Road #20, Loveland, Colorado. The
land shall be the sole security under the Installment Contract on the Note
and Deed, of Trust, with no versonal liability on the makers hereof.
2. upon approval hereof by the seller, this agreement shall become a contract between seller and pur-
chaser and shall inure to the benefit of the heirs, successors and assig
ns of said parties.
I./•k� Grp /��
Purchaser DdteAgeat —Land Realty, Inc.
•
Purchaser - B c/
Seller approves the above contract this day of August 6
0 % of the , 19 7 and agrees
to pay a commission of gross sales price for services in this transaction, and
event of forfeiture of payments madeagrees that, in the
by purchaser, ;such payments 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,
Seller .
Seller
Purchaser's Address 68;30 WAR* Aovnty Road #20, Loveland. Colorado 667-9154
Seller's Address - -
/
COUNTER PROPOSAL
RE. Proposed
t l Contract Jor the purchase of property described as: "See contract dated
16, 976"
situated in the County of Weld Colorado, dated August 16
192_6_ between Western Enterprises
Daniel L. and Ethel M. Younger
u Owners andas Purchasers.
The undersigned Owner(s) accepts said proposed contract, subject to the following amendments:
1. Can't pump when lake is empty.
2. 20 year amortization, 13 year balloon, at 8 interest. F
3. In the event purchaser resels property, written notice has to be given
to sellers.
ii
Ili
All other terms and conditions to remain the same. If this counter proposal is accepted by purchaser, as evidenced
by Purchaser's sienature hereon, on or before August 19 19_76 the said proposed con• I .
tract, as amended lie. -by, shall become a contract between the parties.
The foregoing counter proposal,is accepted this —. 7 6 day of art it
—76
Broker •
it
No. CP-467.71 Canter Proposal
The printed portions of this fora, approved by the Colorado Reel Estate Cosslsion (CP.M.7.71)
LITTLE THOMPSON VALLEY WATER DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN O. ANDERSON 307 WELCH AVENUE
LOUIS F. REIN DRAWER G
DAVID MCGEE BERTHOUD, COLORADO 80513
THOMAS C. SALOMONSON 12, 1976
J S. RICORD E. {ON
MANAGER:
LOVILO H. FAGAN
To Whom it may concern:
The Little Thompson Valley Water District will supply one
domestic water tap to Lot A, in the Southeast Quarter of Section
33, Township 4, North Range 67 West. We are presently serving a
water tap to Lot B for Cohee Ltd. out Tap No. 384. A tap will be
furnished upon receipt of a tap fee and compliance with the rules
and regulations of the District.
Very truly yours
LITTLE THOMPSON VALLEY WATER DISTRICT
• 7
Lovilo H. Fagan, Manager
LHF/ma
cc:
Richard Koentopp, Younger, Cohee Ltd.
Recorded Femption - 237
November 3, 1976
County Attorney
County Engineer
County Health
Weld County Health Department BOARD OF HEALTH
DAVID WERKING.GREELEY
FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPHAAB.GREELEY
DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON.AULT
(303) 353 0540WILLIAM BUCK.ROGGEN
DORISDEFACE.GREELEY
DONALD HERGERT.GREELEY
HERSCHEL PHELPS.JR..M.D..
GREELEY
CLARENCE SITZMAN.GREELEY
November 9, 1976 JOESTOCKTON.GILCREST
Gary Fortner, Director
Weld Co. Planning Ccamission
Weld Co. Centennial Center
915-1Oth Street l �, IVOVi 7
Greeley, CO 80631 o
r� REC�IV�p
c.l WC/ Co.:*
VI an rg •,,, ;luaioe y
TO WHOM IT MAY CONCERN: v
We recommend approval of Recorded Exemption for Richard Koentopp,
1911 Leila Drive, Loveland, Colorado located in the SE*, Section 33,
Township 4 North, Range 67 West of the 6th P.M. , Weld County,
Colorado. The soils are suitable for private sewage disposal system.
Sincerely,
Glen E. Paul, erector
Environmental Health Services
GEP:dr
cc Richard Koentopp
PROGRESSIVE LIST OF OWNERSHIP
Henry Ullmann sold to 200 acres
Dwayne Ullmann 5-T- L1 1' /SO(OawD 5. 15 acres
-Dennis Seewald
Bobby Cannon, Richard Johnson, Robert Camenisch 153. 74 acres
Hobby Canon, Richard Johnson, Robert Camenisch sold to
Cohee Ltd. 153. 74 acres
Coliee Ltd. > sold to
`I
Davis, Pearson, Gibbs by/ cr:'lthct 153.74 acres
Davis, Pearson, Gibbs sold to
Dan and Ethel Younger 5. 54 acres
__Suu�bject to County approval
)a ,
667— glsy
Hiask, 6494* 416
•
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14i. 20 acres '_
w
5.54 40 acres
MEMORANDUM
TO: Planning Commission DATE: 11/15/76
FROM: Engineering Dpt .
SUBJECT: Richard Koentopp- Recorded Exemption
There are no apparent engineering problems with this
recorded exemption.
Brad Slife
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3 DErMRTMENT OF PLANNING SERVICES
44 WELD COUNTY CENTENNIAL CENTER
IP' i+` 915 10th STREET
�I GREELEY,COLORADO 80631
GARY Z. FORTNER
DIRECTOR OF PLANNING
WI I PO PHONE (303) 356-4000, EXT.400
COLORADO
November 1, 1976
Daniel L. Younger
6830 W. County Road 20
Loveland, CO 80537
RE : Request for a Lot Size Variance and a Recorded Exemption
on a parcel of land described as part of the SE* of Sec.
33, T4N, R67W of the 6th P.M. , Weld County, Colorado con-
taining 153. 74 acres more or less.
Dear Mr. Younger:
Your application and related materials for the above described
request are complete and in order. I have tentatively scheduled
the hearing by the Board of County Commissioners for November
22, 1976 at 9 : 30 A.M. The hearing will take place in the County
Commissioners ' Hearing Room, First Floor, 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
applications. If you have any questions with regards to the
above matter, please do not hesitate to contact our office.
Respectfully,
Ken McWilliams
Assistant Zoning Administrator
KM/pr
WELD COUNTY COMMISSIONERS
GLENN K. BILLINGS
VICTOR JACOBUCCI
ROY MOSER
NORMAN CARLSON
JUNE STEINMARK
RECORDING DATA - MAPS & PLAT
Rec. Exemption No. 1059-33-4-RE-23 7
.,,,NAME OF SUBDIVISION
Richard H. Koentopp and
NAME OF SUBDIVIDER --
SE4 S33 T4N R67W 6PM, Weld County, Colorado
I,OCATION OF SUBDIVISION -- GS03'7
DATE OF RECORDING DE17(' 2197E BOOK X783 RECEPTION #
MARY ANN FEUERSTEIN
WELD COU TY CLERK AND RECORDER
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DEPUTY COUNTY CLERK & RECORDER
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