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RESOLUTION State of Colorado, Weld County Clerk Cr Recorder K4
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 74 - AUDREY GILBERT.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
�. l
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado has reviewed the request of Audrey Gilbert for an
-' exemption from the definition of "subdivision" and "subdivided
land" in Section 30-29-101 (10) , CRS 1973, as amended, and Section
2-1 of the Weld County Subdivision Regulations, and
WHEREAS, the Board of County Commissioners finds that Audrey
-' Gilbert and William and Jon Erickson are adjacent property owners
of certain parcels of land located in part of the West One-Half
of Section 4, Township 6 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as follows:
AUDREY GILBERT
The East One-half of the Northwest Quarter, Section 4,
Township 6 North, Range 64 West of the 6th P.M. , Weld
County, Colorado.
WILLIAM ERICKSON AND JON ERICKSON
The Southwest One-quarter of the Northwest One-quarter,
and the Northwest One-quarter of the Southwest One-
quarter, Section 4, Township 6 North, Range 64 West
of the 6th P.M. , Weld County, Colorado.
WHEREAS, said request does not create any new parcels but is
simply an exchange of property between the applicants resulting in
changes to the existing property lines, and
WHEREAS, the property for which the applicant requests an
exemption is described as follows:
Part of the East Half of the Northwest Quarter of
Section 4, Township 6 North, Range 64 West of the
6th P.M. , County of Weld, State of Colorado, being
more particularly described as follows:
Beginning at the North Quarter Corner of said Sec-
tion 4, and considering the North line of said
Section 4 as bearing South 89°36'16" West, with
all other bearings contained herein relative thereto;
Thence South 89°36'16" West along said North line,
1,319.44 feet;
1 :5" _ i� 790888
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858 1779782
3
Thence South 00°57'30" East, 1849.12 feet to
the Point of Beginning:
Thence North 80°35'16" East, 65.89 feet;
Thence South 77°44'44" East, 179.97 feet;
Thence North 60°15'02" East, 17.92 feet;
Thence North 30°15'45" Fact, 72.14 feet;
Thence North 14°43'05" East, 56.77 feet;
Thence North 29°32'00" East, 53.49 feet;
Thence North 54°54'17" East, 1184.88 feet;
Thence South 00°48'32" East, 1601.44 feet;
Thence South 89°59'38" West, 1312.69 feet;
Thence North 00°57'30" West, 775.07 feet to
the Point of Beginning; said parcel of land
containing 34.367 acres, more or less; subject
to any and all easements and rights of way of
whatever character of record or nag existing on
said premises be that for ditches, canals, pipe
lines, reservoirs, railroads, roads, telephone
lines, utilities, power lines, or any other
purpose.
WHEREAS, the legal descriptions of the resulting parcels of
land are as follows :
AUDREY GILBERT
A parcel of land in the East One-half of the North-
west One-quarter of Section 4, Township 6 North,
Range 64 West of the 6th P.M., County of Weld, State
of Colorado and except the exempted property as
hereinabove described.
WILLIAM ERICKSON AND JON ERICKSON
The Southwest One-quarter of the Northwest One-quarter
and the Northwest One-quarter of the Southwest One-
quarter and that part of the East One-half of the
Northwest One-quarter and including the exempted
property as hereinabove described.
The abovedescribed parcels of land shall be considered as single
lots.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the parcel hereinabove
described be, and hereby is, declared to be exempt from the defini-
tion of "subdivision" and "subdivided land" as set forth in Section
30-29-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld
County Subdivision Regulations, and
BE IT FURTHER RESOLVED by the Board that the resulting par-
cels of land as described above be, and hereby are, considered to
be single lots.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
858 1779782
3- 3
January, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
W LD� COLORADO
te' 7/741i/
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AT4'S`ST: Tr1Q 'j
�+ (!Lw,nT2ctiLtA�tftm/
t
W1e County clerk
and Recorder
Clerk td the Bo
B ' ',,,11
/ Deputy County erk
APPROVED AS TO FORM:
,ee'c'ne-date%
ounty Attorney
DATE PRESENTED: JANUARY 24, 1979
• ' •
AGREEMENT OF SALE
•
THIS AGREEMENT, made this /6o day of October, 1978,
between HARMONY LAND AND DEVELOPMENT ASSOCIATES ; hereinafter
called the "Sellers" and JAMES A. GILBERT AND AUDREY J. GILBERT,
hereinafter called the "Purchasers" , WITNESSETH:
That the Sellers agree to sell and the Purchasers agree
to purchase the following described property upon the terms and
conditions hereinafter contained, to wit:
The E- of the NWT of Section 4 , Township 6 North,
Range 64 , West of the 6th P.M. , consisting of 80
acres more or less .
INCLUDING : Two (2) shares of Owl Creek Supply
and Irrigation Company (ditch carrying rights) .
THE SELLERS AGREE:
1. To convey the above described property to the
Purchaser by a good and sufficient Warranty
Deed, free and clear of all liens and encum-
brances except the following:
a. 1978 General Taxes. payable in 1979 , to
be prorated between the parties hereto
as hereinafter provided, and subsequent
year' s taxes.
b. First Deed of Trust payable to George
and Edna Carlson, which Sellers agree
to pay.
c. All easements and rights-of-way, res-
trictions, and reservations of record,
or in place, if any.
d. Existing farm lease to January 1 , 1979 ,
and mineral leases .
e. Reserving all water rights, including
but not being limited to irrigation del-
ivery ditches, irrigation water, except
as specifically conveyed.
f. Reserving all 1978 farm crops .
h. Reserving all mineral rights for a per-
iod of Twenty (20) years , or as long as
oil and gas or either of them is produced
from said property in commercial quanti-
ties, whichever is longer.
Said Deed shall be delivered at the time of closing,
November 20 , 1978 , and held in escrow by Har cn,
Page One of Nine Pages
Glee/ /YT/oNn ( fi4MkoPC'1ee% 9 -
. , •Fir- - -.--_----- -_..__ , _ .._ _ ..., , olorado,
to be delivered to the Purchaser upon final
payment of the balance of the purchase price
as hereinafter provided,
2. To convey to the Purchaser with the above des-
cribed property a one-half interest in and to
irrigation lift pump, motor, buried water
lines , and irrigation water delivery ditches .
3 . To deliver to the Purchasers on or before (Ten)
(10) days prior to closing, an abstract of
title certified at least to the date of this
agreement showing marketable title in the
Sellers, or at the option of the Sellers , a
title insurance commitment in the amount of
the purchase price from a title insurance
company authorized to do business
P Y in the
State of Colorado, whereby title policy
shall be delivered Ten (10) days after closing.
THE PURCHASER AGREES :
1 . To pay to the Sellers as the full purchase
price for the above described property the
total sum of Fifty Five Thousand Dollars
($55, 000. 00) , payable as follows:
a. $1, 000 . 00 upon execution of this
agreement, the receipt whereof is here-
by acknowledged.
b. An additional $3 , 000 . 00 on or before
October 11, 1978 , acknowledged.
c. $10 , 000 . 00 plus the usual closing costs ,
at the time of closing , November 20, 1978 .
For a total down payment of $14, 000 . 00 and the
remaining balance of $41 , 000 . 00, with interest
at the rate of Ten Percent (10%) per annum,
Page Two of Nine Pages
IMP
payable in annual installments of $2, 500 , 00
principal plus interest, commencing_ December20 ,
1979 and on December 20 of each succeeding year
thereafter until December20, 1983 , at which
time the entire balance of principal and
interest shall be due and payable. There
shall be no right of prepayment pri to
Dec ern h el- 1' /97g GIL
January 1, 1980. ? 2 a5' i
l
2 . To execute a Quit Claim Deed to the ab e es-
cribed property to the Sellers and to deposit
the same with -Hardex;�₹aph�ps, Schn &C%ree/ et N7770/0 47 BANK o7= fl lJitui---------
A a� rsiea�a i�l a oot , 1 e th—€lases,
CGS ee.( -�
cFnr* Coll 'n_-, Colorado and hereby authorize 'q
said es row agent in the event of his default ) . )
resulting in the termination of this contract
upon notice as hereinafter provided to record
said deed so as to terminate any interest of
record of the Purchasers in the above des-
cribed property. Deed T 6C' C<%ette(! % �.tl^em-SeNi
uiot &
F, nf ?fi,'ible/U-. i \ - 4
IT IS MUTUALLY AGREED: / 0 'l
1. That time is of the essence of this agreement.
In the event the Purchasers shall fail to
make any payment of principal, interest, taxes
or insurance under this agreement and upon the
above described property at the time and
manner herein agreed, or in the event of any
other default by Purchasers, the Sellers may,
at their election, terminate this agreement by
giving to the Purchasers Sixty (60) days notice
in writing addressed to the Purchaser as
or at such other address as the Purchaser may
in writing advise the Sellers is his mailing
Page Three of Nine Pages
(
address during the term of this agreement.
Said notice shall be mailed by certified or
registered mail, and shall be considered del-
ivered upon depositing of such notice with
• sufficient postage with the U. S. Post
Office Department, and the term of said
notice shall. commence upon the depositing of
such notice in the U. S. Mail,
In event of such election and failure
of the Purchasers to correct their default
within said Sixty (60) day period time, this
agreement shall be forthwith terminated and
the Purchasers. shall forfeit all payments
made hereunder to the Sellers to apply upon
damages sustained by the Sellers as a result
of the default of the Purchasers. In such
event the Purchasers agree to immediately
surrender possession of the above described
property to the Sellers, Further in event of
any such default or defaults by the Purchaser
not corrected within said Sixty (60) day
period, the Sellers , at their election, may
accelerate the entire balance of principal
and interest due under this contract and
declare the entire balance due and owing
and may seek specific performance of this
agreement by the Purchasers .
Any failure of the Sellers to elect to
terminate this agreement or accelerate the
balance due by giving the above mentioned
notice upon any default by the Purchaser
shall not constitute a waiver by the Sellers
of their right to elect to terminate this
agreement or accelerate the balance due as
Page Four of Nine Pages
aforesaid upon any subsequent default or 1, `3K
defaults. 2V7V1
C pee% 44Ton)A7.954NK
That ass, as
escrow agent of the above mentioned deeds,
shall deliver the above mentioned Quit Claim
Deed to the Sellers upon the affidavit of the
Sellers that the Purchasers have defaulted under
the terms of this agreement according to its
terms, that notice as above provided has been
given by the Sellers to the Purchasers and
that said default has continued for at least
Sixty (60) days following the depositing of
said notice in the U.S . Mail.
Upon receipt of such Affidavit and said
escrow agent shall deliver the said Quit Claim
Deed to the Seller and shall be relieved of all
liability to the Purchasers or his assigns for
so doing. •
2 . That possession of the above described property
shall be delivered from the Sellers to the
Purchasers on December 20 , 1978 , and General
Taxes and water rents shall be paid by Sellers
for the year of 1978 .
3. That if the Sellers elect to deliver title
insurance to the Purchasers, a commitment
therefor shall he delivered within Seven (7)
days of the date of this Agreement, otherwise
an abstract of title shall be delivered.
4 . The Sellers shall deliver to the Purchasers
within the time provided in paragraph Three
(3) above an abstract of title' or a title
insurance commitment certified at least to the
date of this agreement. Purchasers shall then
have Five (5) days to examine said title and to
Page Five of Nine Pages
•
inform the Sellers of defects, if any, which
render the title unmarketable. In the event
such defects are found and the Seller is noti-
fied as aforesaid, the Seller shall correct such
defects within One Hundred Twenty (120) days
of being notified thereof at their expense with-
out in any other manner affecting the terms of
this agreement. If the Purchasers do not inform
the Sellers of defects in the title in the
time and manner aforesaid, the title to said
property as between these parties shall be con-
clusively deemed to be marketable, but without
affecting in any manner the warranties in the
deed to be delivered hereunder.
5 . In the event either of the respective parties
hereto shall default in any of their covenants
herein so as to require the party not in de-
fault to commence legal or equitable action
against the defaulting party, the defaulting
party agrees to pay all reasonable expenses of
said litigation, including a reasonable sum
for the non-defaulting party ' s attorney fees .
6 . The Purchasers shall be permitted to pay
additional amounts of prin al hereundez\ a 4j •
/)Ccem bek / V7&
((r� 1� 7� A
any time after-Jan-era-tr.-I;-4-9-7-9T without penalty, /;)
V /but such additional payments shall not defer or
postpone the due date of any subsequent install-
ments.
7 . Purchasers agree to the following terms and
conditions of use and maintenance of irriga-
tion ditches, buried irrigation water lines,
irrigation pump and motor, provided, William E.
Erickson and Jon R. Erickson are also a part of
the agreement as set forth in Exhibit "A" of the
Page Six of Nine Pages
•
purchase agreement of the SWq of the NW; and the
NWT of the SW; of Section 4 , Township 6 North,
Range 64 West of the 6th P.M. , consisting of
80 acres more or less,
All parties agree to the following language
which shall become a binding legal recorded doc-
ument whereby all parties will be required to
perform as agreed.
a. Purchasers shall receive One-Half (1/2)
interest in irrigation lift pump, motor,
buried water lines , irrigation water
delivery ditches , Four (4) shares of
Owl Creek Supply and Irrigation Company,
Purchasers shall, for receiving the One-
' Half (1/2) interest of said pump, motor
and water delivery ditches , be required to
pay immediately when due, One-Half (1/2)
of all costs of pump, motor, buried line
and irrigation ditch 'repairs . Also,
Purchasers shall be required to pay all
electric motor charges for time used .
Purchasers shall be permitted to use said
pump, motor and delivery ditches Seven (7)
continuous days, whereby the balance of the
One Hundred Sixty (160) acre farm shall then
have Seven (7) days use with continuous Seven
(7) day rotation intervals throughout said
irrigation season. Purchasers shall have
the use of One-Half (1/2) of all free
delivery water based on Three (3) day
delivery intervals.
Should Purchasers or Sellers, their heirs or
assigns, refuse to._ pay 1/2 of the costs of Owl
Creek Supply and Irrigation Company assessments,
Page Seven of Nine Pages
maintenance and repairs of ditches, pipe-
lines , irrigation pump and motor; upon being pro-
perly billed, provided, said repair and or
maintenance is considered to be in good judgement
and necessary for adequate water delivery, said
refusal to pay shall be in default, whereby the
non-defaulting party shall have the right to pay
said costs owed by the defaulting party and claim
and receive all interests of ownership the default-
ing party may own in his two shares of Owl Creek
Supply and Irrigation Company, all ditch rights ,
pipe-line rights and all rights of ownership
and use in and to said irrigation pump and motor.
8. Purchaser shall have the right to ' lease from the
City of Eaton One Hundred (100) units of NCWCD
irrigating water at the average leasing rate of
Fort Collins and Greeley, for the crop years of
1979 and 1980; provided, that Purchasers shall be
required to notify the City of Eaton no later than
February 1, of the respective lease year, of his
intention to lease said water; and further provided,
that Purchasers shall pay all costs of leasing
said water at the time of consummation of said
water lease.
9 . Seller reserves the right to remove ear corn and
alfalfa hay and graze stock fields, to the last day
of February 1979 .
10. That the terms and conditions hereof shall extend
to and be binding upon the heirs, executors,
administrators and assigns of the respective
parties hereto; provided, that the Purchasers
shall not be permitted to assign this contract
without the written consent of the Sellers, which
consent shall not be unreasonably withheld ,
Page Eight of Nine Pages
11. For clarification of language in paragraph 7a, page
Seven (7) , Purchasers, James A. Gilbert and Audrey
J. Gilbery will receive Two (2) shares of Owl Creek
Supply and Irrigation Company (water carrying rights) ..
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written; provided, this
agreement of sale voids a certain specific performance contract
dated the 22nd day of August, 1978 , by and between all parties
hereto.
PURCHASERS :
Date(Pj(f
James A. Gilbert
DatedC74, /6 - 78
Audrey J. Gilbert
Sellers agree to pay a commission of % of the gross
sales price for services in this transaction, and agrees that,
in the event of forfeiture of payments made by Purchasers , such
payments shall be divided between the Seller ' s broker and the
Sellers, one-half thereof 'to said broker, but not to exceed the
commission, and the balance to the Sellers .
Date OC74, jL�7S'
FRED W. NUSSBAUMER, President - Legal agent for Harmony Land
and Development Associates.
ranCefrati
•16-acit1/414.
(Mt em-tit'i
I, JAMES A. GILBERT, have received my copy of the Title Insurance
commitment #87298 , this 16th day of October, 1978 .
JAMES A. GILBERT
Page Nine of Nine Pages
ilmodSUBDIVISION EXEMPTION Q
FLOW SHEET
County Commissioners Meeting Date: 3& l /�� 4 JJ('/ ZZ� lent
Applicant : rnrsy . �V�d�f'!.� nil Q' 9.,C,as`e #: SE u74
Legal Description.: 14. W'' / ]IF ) 1 (Q1�A. 1 {k (.4r•Y
Location : 1 Y� ii 5�
'Date .. ..a 6y
Application Received 1Z tiZ 9b E 1.k
Application Complete 3 e9 eke"
Letter to Applicant Drafted , 141
SE# Assigned a ��
Air Photo Map Prepared • y 4�
Chaindexed - '" L td2
Applicant Notified
Legal Approved by County Attorney , ',rt TO
Field Check by D.P.S . Staff 4 I
D.P.S. Recommendation Drafted " 1 • - vT
D.P.S . Recommendation Typed \%
Packets Xeroxed •
History Card - Completed / - -7
a
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
ita
LFr,'
COLORADO
January 4, 1979
Mrs. Audrey Gilbert, etal.
Rt . 2, Box 509
Eaton, CO 80615
RE: Request for a subdivision exemption on a parcel of land described
as Pt. WL Section 4, T6N, R64W of the 6th P. M. , Weld County,
Colorado
Dear Mrs. Gilbert :
Your application and related materials for the above described request
are complete and in order at the present time. I have scheduled a
meeting with the Board of County Commissioners for Monday, January 22,
1979, at approximately 9: 30 a.m. This meeting will take place in the
County Commissioners' Hearing Room, first floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the
Board might have with respect to your application.
If you have any questions concerning this matter, please feel free to
contact me.
Very ,truly yours,
ti
etkeiralits
Chuck Cunliffe
Assistant Zoning Administrator
CC/csd
cc: Kenneth F. Lind, Attorney
The Law Building
1011 11th Avenue, Box 326
Greeley, CO 80631
William E. Erickson
34695 Weld County Road 53
Eaton, CO 80615
_No.. : 830852 .
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAO.
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a reverse.
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OM.DAn WA°°RR 1. The following service is requested(check one).
S HFSTNCTED ORNERY C a ❑ Show to whom and date delivered —3
n TOTAL POSTAGE FEES g 0 Show to whom,date,and address of delivery.._¢
o' POSTMARK DR DATE " 0 RESTRICTED DELIVERY
Show to whom and date delivered —2
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75777 I m Show to whom,date,and address of delivery.
(CONSULT POSTMASTER F/FORR FEES).co
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*GP0:1977-0-249595 -
_ _ -________ __ _ ____
DETAIN MEN.I OF PLANNING SERVICES
• PHONE 130313564000 EXT.404
91510TH STREET
4-1-1. 4
� LF%
GREELEY COLORADO 80631
, „
CASE NUMBER. SE-74
.wd m
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Mrs. Audrey Gilbert , etal.
for a Subdivision Exemption
•
The parcel of land is described as Pt . Wz Section 4, T6N, R64W
•
The location of the parcel of land for which this application has been
submitted is . 1-1/4 miles east of Galeton
•
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appr'eicate a written reply to include in our files, or check
the box at the bottom of this page and return it to us . We would like
to receive your comments by January 12, 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and
cooperation in this matter.
Assistant Zoning Administrato
•
I I We have reviewed the request and find no conflict with our interests.
Signed Date
Agency
KENNETH F. LIND
ATTORNEY AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY, COLORADO 80631
TELEPHONE(303)353.2323
December 22 , 1978
Attn : Tom Honn
Re ; Subdivision Exemption
(Audrey Gilbert)
Dear Mr. Honn :
Pursuant to your request concerning the above described
application for a subdivision exemption by Audrey Gilbert ,
enclosed please find pertinent copies of the contracts and
deed concerning property the subject of this application .
Very trLly yours
Ke neth F . Lind
KFL : sb
Encls
ar
1/921-79
TO: Board of County Commissioners Date January 22, 1979
Subdivision Exemption # 74
Applicant: Ms. Audrey Gilbert
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972 , which defines the term subdivi-
sion:
Pt . Wz Section 4, TON, R64W
The Planning Department has reviewed this request and recommends
that the request be approved for the following reasons :
DOES DOES NOT
Require water
X
% Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission policy
% Create housing
Y Agree with surrounding land use
Meet all known requirements
COMMENTS :
The applicants are adjacent property owners. At the present time,
the Gilbert property is contiguous on the west side to the Erickson
property. The Ericksons are adding 34 . 367 acres south of the ditch
to their existing property. It is understood by both parties that
the Ericksons are not receiving a separate parcel of land, but
rather expanding the Erickson property. Therefore, this request
does not create any new parcels but is simply an exchange of property
between the applicants resulting in changes to the existing property
lines.
Zoning Administrator
KENNETH F. LIND
ATTORNEY AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY, COLORADO 80631
TELEPHONE 1303)353.2323
December 12 , 1978
TO WHOM IT MAY CONCERN :
Attn : Tom Honn
Re : Subdivision Exemption
(Audrey Gilbert)
As there is no specified form or application for
requesting a subdivision exemption , please let this letter
serve as a request and application for a subdivision
exemption by Audrey J . Gilbert of Route 2 , Box 509 ,
Eaton , Colorado 80615 .
Basically , the plan of this subdivision exemption is
to decrease the size of a plot of land , hereinafter referred to as
Parcel No . 1 , located in the East Half of the Northwest
One-Quarter, Section Four , Township Six North , Range
Sixty-four West of the 6th P . M . , Weld County , Colorado , which
is owned by Audrey J . Gilbert ; and to increase in size a
plot of land , hereinafter referred to as Parcel No . 2 ,
located in the Southwest One-Quarter of the Northwest One-Quarter
and the Northwest One-Quarter of the Southwest One-Quarter ,
Section Four , Township Six North , Range Sixty-four West , Weld
County , Colorado , owned by William Erickson and Jon Erickson .
Parcel No . 1 has been surveyed and divided into lots ,
"A" and "B" , as more particularly described in Exhibit A attached
hereto and made a part hereof. Lot A is north of the Eaton Ditch
and Lot B is south of the Eaton Ditch . It is proposed that Lot B
will be exempted from Parcel No . 1 and sold to the Ericksons which
own the property adjoining the west boundary of Lot B . It is
understood by all parties , including the Ericksons , that they are
not receiving a separate parcel of land , but are rather merely
expanding that parcel of land identified hereinabove as
Parcel No . 2 . Exhibit B attached hereto and made a part hereof
by reference shows the Erickson property adjoining Lot B on the
west and the vicinity of all properties discussed herein .
Accompanying this application are legal descriptions of all
lands identified herein being both identified before the exemption
and after the exemption , if granted.
• -2-
If additional information is required concerning this
application , please contact this office at your earliest
convenience.
Very tru y yours ,
Ke neth F . Lind
KFL : sb
Encls
•
l�4-G,/ /Y/��C
u rey J7 lbert
2Eri ,.)..e__Aartiu
ckson
sn'.._. 77 (1.--/..., G.a-.--
n Erickson
- DEC 1978 ;,
w.
RECEIVED
" Wdl matt 'I
finial Commission ti"
`���6 8 L 9 c31S)
4 Cc
DEC 1978 w,
n
la
t [commiission
l� ,
�68L95�c2 Is
eTh
LEGAL DESCRIPTION
Parcel No . 1
The East One-half ( E;) of the Northwest
Quarter ( NWa) Section Four (4) , Township
Six ( 6) North , Range Sixty-four West of the
6th P.M . , Weld County , Colorado .
LEGAL DESCRIPTION
Parcel No . 2
The Southwest One-quarter SW(a) of the
Northwest One-quarter (NWa) , and the
Northwest One-quarter (NWa) of the
Southwest One-quarter ( SWa) , Section
Four ( 4) , Township Six (6) North ,
Range Sixty-four West of the 6th P . M . ,
Weld County, Colorado .
4
LEGAL DESCRIPTION OF LOT A
(Excluding Exempted Lot)
A parcel of land in the East One-half ( EZ)
of the Northwest One-quarter (NWa) of
Section Four (4) , Township Six ( 6) North ,
Range Sixty-four (64) West of the 6th P . M. ,
County of Weld , State of Colorado , being
more particularly described as follows :
Beginning at the North Quarter Corner ( Na Cor)
of said Section Four (4) and considering the
North line of said Section Four (4) as bearing
South 89°36 ' 16" West , with all other bearings
contained herein relative thereto ;
Thence South 89°36 ' 16" West , along said North
line , 1 , 319 . 44 feet ;
Thence South 00°57 ' 30" East , 1 ,849 . 12 feet;
Thence North 80°35 ' 16" East , 65 . 89 feet;
Thence South 77°44 ' 44" East , 179 . 97 feet ;
Thence North 60°15 ' 02" East , 17 . 92 feet ;
Thence North 30°15 ' 45" East , 72 . 14 feet ;
Thence North 14°43 ' 05" East , 56 . 77 feet ;
Thence North 29°32 ' 00" East , 53 . 49 feet;
Thence North 54°54 ' 17" East , 1 , 184 . 88 feet ;
Thence North 00°48 ' 32" West , 1 ,031 . 61 feet to
the North Quarter Corner ( Na Cor) of said
Section Four (4) , said point being the
Point of Beginning .
4'
LEGAL DESCRIPTION OF LOT B
(The Exempted Property)
Part of the East Half ( El) of the Northwest
Quarter (NWa) of Section Four ( 4) , township
Six North ( 6N) , Range Sixty-four ( 64)
West of the 6th P .M. , County of Weld , State
of Colorado , being more particularly described
as follows :
Beginning at the North Quarter Corner (Na Cor)
of said Section 4 , and considering the North
line of said Section 4 as bearing South
89°36 ' 16" West , with all other bearings
contained herein relative thereto ;
Thence South 89°36 ' 16" West along said
North line , 1 , 319 . 44 feet;
Thence South 00°57 ' 30" East , 1 ,849 . 12 feet to
the Point of Beginning ;
Thence North 80035 ' 16" East , 65 . 89 feet ;
Thence South 77°44 ' 44" East , 179 . 97 feet ;
Thence North 60°15 ' 02" East , 17 . 92 feet ;
Thence North 30°15 ' 45" East , 72 . 14 feet ;
Thence North 14°43 ' 05" East , 56 . 77 feet ;
Thence North 29°32 ' 00" East , 53 . 49 feet ;
Thence North 54°54 ' 17 " East , 1 , 184 . 88 feet ;
Thence South 00°48 ' 32" East , 1 , 601 . 44 feet;
Thence South 89°59 ' 38" West , 1 , 312 . 69 feet ;
Thence North 00°57 ' 30" West , 775 . 07 feet to
the Point of Beginning ; said parcel of land
containing 34 . 367 acres , more or less ;
subject to any and all easements and rights
of way of whatever character of record or
now existing on said premises be that for
ditches , canals , pipe lines , reservoirs ,
railroads , roads , telephone lines , utilities ,
power lines , or any other purpose .
di
r
LEGAL DESCRIPTION OF PARCEL NO . 2 PLUS LOT B
The Southwest One-quarter (SWq) of the Northwest
One-quarter ( NWa) and the Northwest One-quarter
( NWa) of the Southwest One-quarter (SWa) and
that part of the East One-half ( EZ) of the
Northwest One-quarter ( NWq) , being more particularly
described as follows :
Part of the East Half ( Ez) of the Northwest
Quarter (NWq) of Section Four ( 4) , Township
Six North ( 6N) , Range Sixty-four ( 64 )
West of the 6th P . M. , County of Weld , State
of Colorado , being more particularly described
as follows :
Beginning at the North Quarter Corner (N; Cor)
of said Section 4 , and considering the North
line of said Section 4 as bearing South
89°36 ' 16 " West , with all other bearings
contained herein relative thereto;
Thence South 89°36 ' 16" West along said
North line , 1 , 319. 44 feet;
Thence South 00°57 ' 30" East , 1 ,849 . 12 feet to
the Point of Beginning ;
Thence North 80°35 ' 16" East , 65 . 89 feet ;
Thence South 77044 ' 44" East , 179 . 97 feet ;
Thence North 60°15 ' 02" East , 17 . 92 feet ;
Thence North 30°15 ' 45" East , 72 . 14 feet ;
Thence North 14°43 ' 05" East , 56. 77 feet ;
Thence North 29°32 ' 00" East , 53 . 49 feet ;
Thence North 54°54 ' 17" East , 1 , 184 . 88 feet ;
Thence South 00°48 ' 32" East , 1 ,601 . 44 feet;
Thence South 89°59 ' 38" West , 1 , 312 . 69 feet ;
Thence North 00°57 ' 30" West , 775 . 07 feet to
the Point of Beginning ; said parcel of land
containing 34 . 367 acres , more or less ;
subject to any and all easements and rights
of way of whatever character of record or
now existing on said premises be that for
ditches , canals , pipe lines , reservoirs ,
railroads , roads , telephone lines , utilities ,
power lines , or any other purpose .
All being in Section Four (4 ) Township Six North ( 6N )
Range Sixty-four (64) West of the 6th P .M . , Weld County ,
Colorado .
4'
c.
EXHIBIT B
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OYYNARS:
i AUDREY J . GILeERT
11 / ROUTE 2, 50:'. 509
✓ EATO,i , COLORADO °1)615
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LEGAL DESCRIPTI'yN 6 . 64
CASE 14O. SE 74
oL
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55
558
53`nP ON
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ON Lam( 1, I, i
of
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON- IRRIGATED
43 CO '6 3,2'
84 DE 13 Tar s
21 38 deI-7 TIe Jae
.Z1 Bc 48 ICE e TI e
340 4 �Tw
66 BB S (o IICs 13Je
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6.32. 31 IIC e 131 e
Recorded at____ o'clock_____M..
RECORDER'S STAMP
THIS DEED, Made this 20th day of November
19, 78,between HARMONY LAND AND DEVELOPMENT
ASSOCIATES
of the County of Larimer and State of
Colorado,of the first part,and AUDREY J. GILBERT
i
whose legal address is Route 2, Box 509, Eaton, CO 80615 I
of the County of Weld
and State of Colorado,of the second part:WITNESSETH,that the said part ies of the first part,for and in consideration of the sum of
OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND 00/100 -DOLLARS,
to the said part ieSf the first part in hand paid by the said partY of the second part,the receipt whereof is hereby
confessed and acknowledged,haVe granted,bargained,sold and conveyed,and by these presents do
grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever, in
tenancy in common - all the following described lot or parcel of land,situate lying and being in
the County of Weld and State of Colorado,to wit:
i'
Lot Three (3) , the Northeast Quarter of the Northwest Quarter
(NE; NW;) and the Southeast Quarter of the Northwest Quarter
(SE: NWT) all being the East Half of the Northwest Quarter
I, ' (VI NWT) of Section 4, Township 6 North, Range 64 West of the
I' 6th P.M. , County of Weld, State of Colorado.
Including two. (2) shares of Owl
Creek Supply and Irrigation Co.
• also known as street and number N/A
I
ii
! TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
I appertaining,the reversion and reversions, remainder and remainders,rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part ieS of the first part, either in law or
equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the '
'I said part y of the second part, their heirs and assigns forever. And the said parties of the first part, for them
set yes theiiheirs,executors,and administrators do covenant,grant,bargain and agree to and with the
said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these
presents are well seized of the premises above conveyed, as of goad, sure, perfect, absolute and indefeasible
estate of inheritance,in law, in fee simple,and ha Vetood right,full power and lawful authority to grant,bargain,
sell and convey the name in manner and form aforesaid, and that the same are free and clear from all former and
other grants,bargains,sales,liens taxes,assessment and encumbrances of whatever kind or nature soever.
Taxes for 1978 due in 1979, A c4ndition contained in the United States Patent re-
corded December 2Book
385,Page 543Right-of-wayq. tor Owl. Creek Supply &
Irrigation Co. 's Ditch recorded April 20, 1910 Book 270 Page 561, 011' & Gas Lease
recorded November 15, 1968 in Book 602 Reception No. 1523911, Right-Of-way for
Ct Rods ecord�+d October 14 1889 In ill?. 86 Page 273. . (pthers PC record.
und'the move �u rguuwll premines In the ybie on peaces possesslo of a snu(pa,tier u1 the second part, their
•
heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part iesof the first part shall and will WAR. .1 T AND FOREVER DEFEND. • '
IN WITNESS WHEREOF the laid part ' 4 e first part have hereunto settheirhand S ' and
seals the day and year first above writte " - -
)7h/ ipf1�� , t/If? i eti t C 't (SEAL) .
i /
Halibny Deve so. — t! .
By; 1-7(L. a` LSEAL Fred W. Nussbaumer, President / y
C/ 'IA/, ,. '.1-, ',1 /� ISEALI
STATE OF COLORADO l
1 ss. (SEAL)
_County of Larimer
(SEAL)
The foregoing instrument was acknowledged before me this 20th day of November .
i 1978,by Robert W. Shields, Willis Smith, William E. Morgan, Ralph B. Harden, Donald, . •
Wood, Fred W. Nussbaumer & Harmony Land and Dev. Asso. by Fred W. ' Nussbaumer, Pres.
My commission expires ,19 .Witness my hand and official seal.-' ..
• Notary I'ublir.
I
No.921. WARRANTY UEEll IO4XXXXXXX_Clain Bradford Publishing Co..Ind Stout Street,[hover,Cnlor,do;s73- 0Ii I —CU
/
AGREEMENT OF SALE
THIS AGREEMENT, made this 5 day of October , 197h
between HARMONY LAND AND DEVELOPMENT ASSOCIATES lierei nal : c r
ANd ,]'w R. E Rc c ikon 2
called the "Sellers" and WILLIAM E . ERICKSON ' hereinafter
called the Purchaser , WITNESSETh :
That the Sellers agree to sell and _ tic )'urthaer
agrees to purchase the following described property 'Irvin then
terms and conditions hereinafter contained :
The SW 1/4 of the NW 1 /4 , and the NW 1 /4 of the
SW 1/4 of Section 4 , Township 6 North, Range 64 ,
West of the 6th P.M. , consisting of H) acres
more or less .
INCLUDING two ( 2 ) shares of Owl Creek Simply and
Irrigation Company ( ditch carrying rights )
THE SELLERS AGREE:
1 . To convey the above described property to the
Purchaser by a good and sufficient Warranty
Deed , free and clear of all liens and en-
cumbrances except the following:
a ) 1978 General Taxes payable in 1979 , to he
prorated between the parties hereto as herein-
after provided , and subsequent year ' s taxes .
b) First Deed of Trust payable to George and Edna
Carlson , which Sellers agree to pay .
c ) All easements and rights-of-way , restrictions ,
and reservations of record , or in place , if ally .
d ) Existing farm lease to January 1 , 1979 , and
mineral leases .
e ) Existing lease on improvements and south pasture
•
to October 1 , 1978 .
f ) Reserving all water rights , including but not
being limited to 'irrigation delivery ditches ,
irrigation water , except as specifically con-
veyed .
Reserving all 1978 farm crops .
1O
;Yr J
,, ! `
11
1t
P49.6.
(h) Reserving all mineral rights for a period of
twenty (20) years, or as long as oil and gas nr
either of them is produced from said property
in commercial quantities , whichever is longer .
Said Deed s 1 yer at the time of closing ,
//ove.nbeb 3° e
October 17 , 1978 , and eid n escrow by Harden , Napheys , Schmidt
E. Hass, P.C. , 10th Floor, First National Tower, Fort Collins ,
Colorado, to be delivered to the Purchaser upon final :payment of
the balance of the purchase price as hereinafter provided .
2 . To convey to the Purchaser with the above des-
cribed property a one-half interest in and to irrigation lift
pump, motor, buried water lines, and irrigation water delivery
ditches .
3 . To deliver to the Purchaser on or before October
5 , 1978 , an abstract of title certified at least to the date of
this agreement showing marketable title in the Sellers , or at
the option of the Sellers , a title insurance commitment in the
amount of the purchase price from a title insurance company
authorized to do business in the State of Colorado, whereby title
policy shall be delivered 10 days after closing .
THE PURCHASER AGREES:
A. To pay to the Sellers as the full purchase price for
the above-described property the total sum of Eighty Thousand
Dollars (80 , 000. 00) , payable as follows : $4 , 000 . 00 upon
execution of this agreement, the receipt whereof is hereby
acknowledged; $6 , 000 . 00 plus the usual closing costs , at the
time of closing; and an additional $10 , 000 . 00 January 31 , 1979
and the remaining balance of $60 , 000 . 00 , with interest at the
rate of ten percent ( . ) per annum, payable in annual in-
stallments otu� principal s i t yskc wren Fh
WoveMbeh 3 ��//oVPMbPh 3 -
)ctobcr 3 Or 1979L- nd on "betober l0� /1edinpear-
oVembev 3u
thereafter until --3-6--198'3 , at w iceh t me the entire
balance of principal and interest shall be due and payable .
Further provided that purchaser shall not be charged
interest from the date of closing through January of 1979
should purchaser elect to pay all of the balance owed before'
February 1st of 1979,. but not sooner than January 1st, 1979 .
2 . ,f.
•
B . That the Purchaser shall keep said property
insured in an insurance company of their choice in an amount
not less than the present amount of insurance carried by them
with a contract of sale clause showing the interest of the
Sellers , and the Purchaser shall pay for the premiums on said
insurance . In case of loss , any insurance proceeds shall he
used to repair or replace damaged property , and any balance
shall he applied to indebtedness of Purchaser .
C. That during the term of this agreement he will
keep the improvements upon the above described property in as
good condition as they now arc , ordinary wear excepted , and
will pay all taxes and special assessments on the
above described property before the same shall become delin-
quent .
D. To execute a Quit Claim Deed to the above
described property to the Sellers and to deposit the same with
Harden , Napheys , Schmidt & Hass , P. C. , First National 'tower ,
loth Floor , Fort Collins , Colorado and hereby authorize said
escrow agent in the event of his default resulting in the
termination of this contract upon notice ' as hereinafter
provided to record said deed so as to terminate any interest of
record of the Purchaser in the above-described property .
IT IS MUTALLY AGREED:
a . THAT TIME IS OF THE ESSENCE OF THUS
AGREEMENT. In event the Purchaser shall fail to make any
payment of principal , interest , taxes or insurance under this
agreement and upon the above described property at the Lime and
manner herein agreed , or in the event of any other default by
3 4{
Purchaser, the Sellers may, at their election , terminate this
agreement by giving to the Purchaser 60 days ' notice(pain writing
673-4
addressed to the Purchaser at6t/
or
at such other address as the Purchaser may in writing advise
the Sellers is his mailing address during the term of this
agreement . Said notice shall be mailed by certified or
registered mail , and shall be considered delivered upon de-
positing of such notice with sufficient postage with the 11 . S .
Post Office Department , and the term of said notice shall
commence upon the depositing of such notice in the U . S . Nail .
1n event of such election and failure of the Pur-
chaser to correct his default within said 60 clay period time ,
this agreement shall be forthwith terminated and the Purchaser
shall forfeit all payments made, hereunder to the Sellers to
apply upon damages sustained by the Sellers as a result of the
default of the Purchaser. In such event the Purchaser agrees
Lo immediately surrender possession of the above described
property to the Sellers . Further in event of any such default
or defaults by the Purchaser not corrected within said 60
day period , the Sellers , at their election , may accelerate the
entire balance of principal and interest due under this contract
and declare the entire balance due and owing and may seek specific
performance of this agreement by the Purchasers .
Any failure of the Sellers to elect to terminate this
agreement or accelerate the balance due by giving the above
mentioned notice upon any default by the Purchaser shall not
coast i Lute a waiver by the Sellers of their right to elect to
terminate this agreement or accelerate the balance clue as
I 4f
aforesaid upon any subsequent default or defaults .
That Harden , Napheys , Schmidt and Hass , as escrow agent
of the above mentioned deeds, shall deliver the above mentioned
Quit Claim Deed to the Sellers upon the affidavit of the Sellers
that the Purchaser has defaulted under the terms of this agree-
ment according to its terms , that notice as above provided has
been given by the Sellers to the Purchaser and that said default
has continued for at least 60 days following the depositing
of said notice in the U . S . Mail .
Upon receipt ,dt such Affidavit and said escrow agent shall de-
liver the said Unit Claim Deed to the Seller and shall he re-
lieved of a] 1 liability to the Purchaser or his assigns for so
doing .
b. That possession of the above described property shal J4
be delivered from the Sellers to the Purchaser on 6ortigmaantO ,
1978 , and General Taxes of house amd buildings for the year 1978 ,
prepaid insurance premiums , and water rent shall he prorated as
of the .date of possession,. Sellers shall pay all additional 78 taxes
c . That if the Sellers elect to deliver title insurance
to the Purchaser , a commitment therefor shall be delivered with-
in seven ( 7) days of the date of this Agreement, otherwise an
abstract of title shall be delivered .
d . The Sellers shall deliver to the Purchaser within
the time provided in paragraph c above an abstract of title or
a title insurance commitment certified at least to the date of
this agreement . Purchasers shall then have live days to
•
5 los
examine said title and to inform the Seller of defects , if any ,
which render the title unmarketable. In the event such de-
fects are found and the Seller is notified as aforesaid , the
Seller shall correct such defects within one hundred twenty ( 120 )
days of being notified thereof at their expense without in any
other manner affecting the terms of this agreement . If the
Purchaser does not inform the Sellers of defects in the title in
the time and manner aforesaid , the title to said property as
between these parties shall be conclusively deemed to be market-
able, but without affecting in any manner the warranties in the
deed to be delivered hereunder.
e . In the event either of the respective parties hereto
shall default in any of their covenants herein so as to re-
quire the party not in default to commence legal or equitable
action against the defaulting party , the defaulting party
agrees to pay all reasonable expenses of said litigation , in-
cluding a reasonable sum for the non-defaulting party ' s
attorney fees .
f . The Purchaser shall be permitted to pay additional
amounts of principal hereunder at any time after Jan . 1st , 1979
without penalty, but such additional payments shall not defer
or postpone the clue date of any subsequent installments .
q . Purchaser agrees to the following terms and conditions
of use and maintenance of irrigation ditches , buried irrigation
water lines , irrigation pump and moto;, Provided James and Audrey
Gilbert are also a part of the agreement as set forth in exhibit
"A" of the purchase agreement of the West k of the tW1/4 of Sect
4-6064 .
All parties agree to the following language which shall
become a binding legal recorded document whereby all parties
will be required to perform as agreed .
y 1
X�t l h cr
A. Purchaser shall lcceive one half
(. ) intctc sl in
i rr igat iolr lilt pump, motor , hurled water lines , ire e .. t inm
water delivery ditches , four (4 ) shares of OwlCreek Supply
and lrrigat ton Company . Put-chamois shall , fol recei vrn'i the
one half dip interest of said pump, motor and water delivery
ditches , the required to pay immediately when due, e ,l,,. half O
of all costs of pump, motor , hurled line and irrigation ditch r(
pairs . ^ Jso, purchasers shall he required to pay all electric
molar chartics for time used . Purchasers shall he hermitted
to use said pump, motor and delivery ditches seven ccv: t. intt-nus
treys , whereby the balance of the one hundred sixty ( 160) ac; c•
farm shall then have seven days use with continuous seven day
rotation intervals throughout said irrigation season . °urchasers
shall have the use of one half (y) of all free delivery water
hosed on three ( 3) clay delivery intervals .
Should Pitt ii s rrc ur hollers, their heirs or assigns; refuse to pay I /2 of Ilie ' ' Is „I � ..
Creek Supply and irrigation Company assessments, maintenance and repairs o! diltlnts,
pipe- lino, irrigation pump and motor; upon being properly billed, provided , said r, pail
and or maintenance is considered to be In good judgement and necessary for adequate
water doliverv, said refusal to pay shall be in default , whereby the non-dcl nolt inr' party
shall have thy right to pay said costs owed by the defaulting party and claim and rep t i ;.
nil interests ul ownership the defaulting party may own in his twit sh:u ,' cat awl creel
Supply and Irrig:u lun Company, all ditch rights, pipe-line rights and all rights of
ownership and use in and to said Irrigation pump and motor.
h . Purchaser shall have the right to lease from the City
of Paton 90 units of NCWCD irrigating water at the average
loosing rate of Fort Collins and Greeley , for the crop years
1979 .uue' I980 ; provided , that Purchaser shall be required to
motif,/ the City of Eaton no later than Feb 1 of the respective
lease year , of his intention to lease said water: and further
provided , that Purchaser shall pay all costs of loosing said
water at the time of consummation of said water lease,
i. Seller reserves the right to remove ear corn and
alfalfa hay and graze stock fields , to the last clay of February
1979 .
is
•
j . That the terms and conditions hereof shall extend
to and be h inding upon the heirs , executors , administrators
and assigns of the respective parties hereto; provided that
the Purchaser shall not be permitted to assign this contract
without the written consent of the Sellers , which consent shall
not be unreasonably withheld .
k . For clarification of language in A. as stated above;
purchaser, William H . Erickson will receive two (2 ) shares
of Owl Creek supply and irrigation company (water earring
rights) .
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written ; provided
this agreement of sale voids a certain receipt and option
contract dated the 6th day of September, 1978 , by and between
all parties hereto.
Sla,I,HRS : HARMONY LAND AND DEVELOPMENT ASSOCIATES
Willis S ' th Donald Wood/ •
Ralph B. Harden William E . Morgan
i
Robert W. Shields
PUR MASER:
g& 5 - 7 0
William E . Erickson Date
y.,:K— re...s.:24.,
1.
FIELD CHECK
FILING NUMBER: SE-74 DATE OF INSPECTION: 1-12-79
NAME: Ms. Audrey Gilbert, et al
REQUEST: Subdivision Exemption
LEGAL DESCRIPTION: Pt . W Section 4, T6N, R67W
LAND USE: N Agricultural
E Agricultural
S Agricultural
jy Agricultural
ZONING: N Agricultural
LOCATION: 1-1/4 miles east of E Agricultural
Galeton S Agricultural
W Agricultural
COMMENTS :
The property is irrigated farmland (corn) . The Eaton ditch bisects
the parcel at an angle. There is one set of improvements located on
Lot B. Accesses appear to be existing.
BY: U L -'C-Y,..�l.._
PC
LEGAL DESCRIPTION
Parcel No. 1 y
�Q
The East One-half ( E1/2) of the Northwest
Quarter ( NW4) Section Four (4) , Township
Six (6) North , Range Sixty-four West of the
6th P .M . , Weld County , Colorado .
LEGAL DESCRIPTION
Parcel No . 2
Oh
The Southwest One-quarter SW(a) of the U 9
Northwest One-quarter (NWo) , and the /7 7
Northwest One-quarter (NWa) of the /
Southwest One-quarter ( SW;) , Section
Four ( 4) , Township Six (6) North ,
Range Sixty-four West of the 6th P .M . ,
Weld County , Colorado.
4
LEGAL DESCRIPTION OF LOT A
(Excluding Exempted Lot) 01(
A parcel of land in the East One-half ( E1/4)
ap
4/19
of the Northwest One-quarter (NWa) of 1/ /
Section Four (4) , Township Six ( 6) North ,
Range Sixty-four ( 64) West of the 6th P . M. ,
County of Weld , State of Colorado , being
more particularly described as follows :
Beginning at the North Quarter Corner ( No Cor)
of said Section Four (4) and considering the
North line of said Section Four (4) as bearing
South 89°36 ' 16" West , with all other bearings
contained herein relative thereto ;
Thence South 89°36 ' 16" West , along said North
line , 1 , 319. 44 feet ;
Thence South 00°57 ' 30" East , 1 ,849 . 12 feet ;
Thence North 80°35 ' 16" East , 65 . 89 feet;
Thence South 77°44 ' 44" East , 179 . 97 feet ;
Thence North 60°15 ' 02" East , 17 . 92 feet ;
Thence North 30°15 ' 45" East , 72 . 14 feet ;
Thence North 14°43 ' 05" East , 56 . 77 feet ;
Thence North 29°32 ' 00" East, 53 . 49 feet;
Thence North 54°54 ' 17" East , 1 ,184. 88 feet ;
Thence North 00°48 ' 32" West , 1 ,031 . 61 feet to
the North Quarter Corner (Na Cor) of said
Section Four (4) , said point being the
Point of Beginning .
LEGAL DESCRIPTION OF LOT B 01(
(The Exempted Property)
of the East Half of the Northwest Part H 1 ( E�)
Quarter (NWa) of Section Four (4) , township
Six North ( 6N) , Range Sixty-four ( 64 )
West of the 6th P .M. , County of Weld , State
of Colorado , being more particularly described
as follows :
Beginning at the North Quarter Corner (N; Cor)
of said Section 4 , and considering the North
line of said Section 4 as bearing South
89°36 ' 16" West , with all other bearings
contained herein relative thereto;
Thence South 89°36 ' 16" West along said
North line , 1 , 319 . 44 feet;
Thence South 00°57 ' 30" East , 1 ,849 . 12 feet to
the Point of Beginning ;
Thence North 80°35 ' 16" East , 65 . 89 feet ;
Thence South 77°44 ' 44" East , 179 . 97 feet ;
Thence North 60°15 ' 02" East , 17 . 92 feet ;
Thence North 30°15 ' 45" East , 72 . 14 feet ;
Thence North 14°43 ' 05" East , 56. 77 feet ;
Thence North 29°32 ' 00" East , 53 . 49 feet ;
Thence North 54°54 ' 17" East , 1 , 184 . 88 feet ;
Thence South 00°48 ' 32" East , 1 , 601 . 44 feet;
Thence South 89°59 ' 38" West , 1 , 312 . 69 feet ;
Thence North 00°57 ' 30" West , 775 . 07 feet to
the Point of Beginning ; said parcel of land
containing 34. 367 acres , more or less ;
subject to any and all easements and rights
of way of whatever character of record or
now existing on said premises be that for
ditches , canals , pipe lines , reservoirs ,
railroads , roads , telephone lines , utilities ,
power lines , or any other purpose .
di
I ,I1
LEGAL DESCRIPTION OF PARCEL NO . 2 PLUS LOT B
PK
The Southwest One-quarter (SWa) of the Northwest 0 A4
One-quarter (NWa) and the Northwest One-quarter q I
(NW;) of the Southwest One-quarter ( SWa) and � I
that part of the East One-half (E?) of the
Northwest One-quarter ( NW4) , being more particularly
described as follows :
Part of the East Half ( E2) of the Northwest
Quarter (NWq) of Section Four (4) , Township
Six North (6N) , Range Sixty-four ( 64)
West of the 6th P .M. , County of Weld , State
of Colorado , being more particularly described
as follows :
Beginning at the North Quarter Corner (N; Cor)
of said Section 4 , and considering the North
line of said Section 4 as bearing South
89°36 ' 16 " West , with all other bearings
contained herein relative thereto;
Thence South 89°36 ' 16" West along said
North line , 1 ,319. 44 feet;
Thence South 00°57 ' 30" East , 1 ,849. 12 feet to
the Point of Beginning ;
Thence North 80°35 ' 16" East , 65. 89 feet ;
Thence South 77°44 ' 44" East , 179 . 97 feet ;
Thence North 60°15 ' 02" East , 17 . 92 feet ;
Thence North 30°15 ' 45" East , 72 . 14 feet ;
Thence North 14°43 ' 05" East , 56 . 77 feet ;
Thence North 29°32 ' 00" East , 53 . 49 feet ;
Thence North 54°54 ' 17" East , 1 , 184 . 88 feet ;
Thence South 00°48 ' 32" East , 1 , 601 . 44 feet ;
Thence South 89°59 ' 38" West , 1 , 312. 69 feet ;
Thence North 00°57 ' 30" West , 775 . 07 feet to
the Point of Beginning ; said parcel of land
containing 34 . 367 acres , more or less ;
subject to any and all easements and rights
of way of whatever character of record or
now existing on said premises be that for
ditches , canals , pipe lines , reservoirs ,
railroads , roads , telephone lines , utilities ,
power lines , or any other purpose .
All being in Section Four (4) Township Six North ( 6N )
Range Sixty-four ( 64) West of the 6th P .M . , Weld County ,
Colorado .
4-
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