HomeMy WebLinkAbout750413.tiff RESOLUTION
WHEREAS, it has been determined by the Board of County Commis-
sioners, Weld County, Colorado, that Everett Lorence and Harriet Lorence,
husband and wife, are the owners of approximately 31. 04 acres of non-
irrigated agricultural land located in the North Half of the West Half of the
Southwest Quarter of Section 21, Township 1 North, Range 67 West of the
6th P. M. , Weld County, Colorado, and
WHEREAS, the Lorences are desirous of selling said parcel of land,
and
WHEREAS, it appears that to accomplish said sale, the Lorences
may apply for a recorded exemption from the subdivision regulations of
Weld County, as the same is defined in Section 9-4 of the Weld County Sub-
division Regulations, and
WHEREAS, in addition to evidence presented by the Lorences, the
Weld County Planning Commission staff has presented evidence and made
representations concerning the desirability of granting said variance, and
WHEREAS, the Board of County Commissioners feels that when all
of the evidence and representations are considered, good cause for granting
said variance from the minimum lot size requirements of the Weld County
Resolution has been shown.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the powers
granted to the County under Chapter 106 CRS 1963 and Section 9-4A (6), Weld
County Subdivision Regulations as amended; that Everett Lorence and Harriet
Lorence, husband and wife, are granted a variance covering the aforementioned
parcel of land from the lot size requirements of the Weld County Zoning
Resolution.
BE IT FURTHER. RESOLVED, that this variance is allowed so that
the Lorences may proceed to apply for a Recorded Exemption and the lot
size variance is conditioned on the Lorences applying for and doing all neces-
sary to obtain said Recorded Exemption within 1 year, and said variance is
limited to the Lorences, and will terminate if they sell or otherwise discon-
tinue their interest in the aforementioned land prior to obtaining approval
for the recording of the aforementioned Recorded Exemption.
Dated this 23rd day of April, A.D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C �fo� tr - fZ � 7F' t ' '/
ATTEST�� u.
Weld County Clerk and Recorder
and Clerk to the .k Board
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By VI-Aitken Q t VC l 1J L
y Deputy County erk
P
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A OVED AS TO;FORM:‘1/41
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County Attorney
PLWay
75041 3
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RECEIPT FOR CERTIFIED MAIL-305 (plus postage)
SENT TO POSTMARK
Everett Lorance OR DATE
STREET AND NO.
in 1355 So. Inca St.
Li' P.O., STATE AND ZIP CODE
m Denver Colorado. R0223 4/24/75
OPTIONAL SERVICES FOR ADDITIONAL FEES
it:7 RETURN I. Shows to whom and date delivered 15¢
RECEIPT With delivery to addressee only 650
end whre delivered 350
SERVICES 2. Sho IIID With delivery toe addressee only... 856
_ DELIVER TO ADDRESSEE ONLY 5
a SPECIAL DELIVERY (extra fee required) _0!
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL *GPO:lent)-460-gad
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~ OFFICE OF THE PLANNING COMMISSION
JOHN J. JUNTUNEN
lit PLANNER
1516 Hospital Road
PHONE (303) 353-2212 EXT.227, 228& 229
IIII I) C. GREELEY,COLORADO 80631
COLORADO April 10, 1975
Board of County Commissioners
Weld County, Colorado
1516 Hospital Road
Greeley, Colorado
RE: LSV-13:75:7 Everett Lorence
Dear Sirs:
The attached letter is a request by Everett and Harriet Lorence for a Lot
Size Variance so they may apply for a Recorded Exemption. The parcel in
question contains approximately 31 .04 acres.
Under existing regulations, Section 9-4A. (6) of the Weld County Subdivision
Regulations, the following is required:
"That the original tract or parcel of land to be divided under
this Section meets the minimum lot size requirements established
by the Weld County Zoning Resolution; variance from this require-
ment being allowed only upon good causes being shown to the
Board of County Commissioners or where said tract or parcel of
land lies within the comprehensive plan area of an existing in-
corporated town of Weld County. (Rev. 4/17/74)"
Based on the information submitted and Weld County Regulations, the Planning
staff recommends that the request be approved for the following reasons:
1 . The proposed split complies with the intent clause, Section
9-2 of the Weld County Subdivision Regulations, for Recorded
Exemption inasmuch as non-productive lands are to be utilized
for a higher and better use and is compatible with surrounding
agricultural uses.
2. Complies with the Weld County Comprehensive Plan insofar as the
_uses on the proposed parcels would be for agricultural pursuits.
Res ully sub 't ,
• Ca2r.t� /) C r ; 1'
homas E. Honn
Zoning Administrator
TEH/lj
WELD COUNTY COMMISSIONERS
r
GLENN K. 0I CLINGS
ROY MOSEV
Victor Jacobucci
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303-777-4141
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1355 South Inca Street— Denver,Colorado 80223
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4. 2Saaide 4 el/wiSt sale,i,
1355 South Inca Street —Denver,Colorado 80223
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The printed portlona of this form approved by dm
Colorado Ral Estate Commbdon (SC 20-7-71) J
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RECEIPT AND OPTION CONTRACT
(RESIDENTIAL)
March 25 _,10 7'-_--
H RECEIVED FROM____ lveret.1_. Dea_n_Lor(.nce dndHarriet Marie Lorence,__
!I Purchaser (as joint tenants), the sum of $ 0��-00 in the form of__ check
! to be held by_._ RE/MAX Inc__,_Realtors _—.-_ 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:
31.04 acres more or less situated in N'„ W'_, Sec. 21, TIN, R67W, 6th P.M.
b Survey and legal attached
II
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I with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter j
provided,in their present condition, ordinary wear and tear excepted, known as No,
which property purchaser agrees to buy upon the ollowing terms and conditions, for the
87 500.00 000•U0 purchase price of
$---�- __, payable as follows: $_? _. _hereby receipted for, $_e_aa..5.90•00
in the following manner: $28,000.00 in cash or certified funds at time of closing ,
$52,500.00 from the proceeds of a F.L.Q. loan which Purchaser shall apply for and
accept. If such financing is not obtained, Purchaser agrees to the following
terms and conditions : $2,000.00 hereby receipted for, $28,000.00 in cash or
certified funds at time of closing; Purchasers shall execute their note and Deed
of Trust, payable to Seller in the amount of $52,500. 00 payable in monthly
' installments of $500. 00 including principal and interest at the rate of 8 1/2% per ;
I1annum, amortized over 13 years provided , however, that the entire amount of said
Firs
t Deed of Trust shall be due and payable 10 years from date of execution .
,;Purchasers shall pay customary closing costs. Purchaser agrees to obtain and keep ';
in force a valid homeowner's insurance policy and to pay property taxes
II when due for the term of the note.
I
i 1. If a note and trust deed or mortgage is to be assumed,the purchaser agrees to pay a loan transfer fee not to I�exceed $__. N/A__, and it is a condition of this contract that the purchaser may assume such encum- I!
brance without change in its terms or conditions except_—__N/A______._.
2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;
all outdoor plants, window and porch shades, venetian blinds,storm windows,storm doors,screens,curtain rods,drap-
ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings,
water softener (if owned by seller),fireplace screen and grate,built-in kitchen appliances,wall to wall carpeting and
iref_rigerator.. rapees,_ur.> sur.etankslnd__all_pt r_•u nently._AItaLtied fixtures-----
all in their present condition,free and clear of all taxes,liens and encumbrances except as provided in paragraph 4;
provided, however, that the following fixtures of a permanent nature are excluded from this sale: None
9. 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
------ -- -. --_-_-----_-_—__, 19_15_- If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance olio to urchaser after closing and pay the policy p premium thereon. .z
4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient •
general .warranty deed to said purchaser on May 15 , 19..75_ N
or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general
taxes for 19. 7_5,payable January 1, 19 _76_, and except N0ne_
free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens C^
k„
and encumbrances except easements for telephone, electricity, water and sanitary sewer, and except__ --
di.tch Patfanent1.if_anX------____-- r.
and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be
paid may he paid from the proceeds of this transaction. t,W
6. General taxes for 19.1.;?_._, (based on 19.2_4._ levy and 19._.75 assessment},prepaid rents,water rents,sewer
rents, FIIA mortgage insurance premiums and interest on encumbrances, if any, and _ 1t,.C11.__
aSSP55mPnt _ _.——shall be apportioned to dntz of delivery of deed. �..
No.SC 20-7-71 Receipt and Option Contract(Reeidential)—aradford Publi,hina Co..1824-46 Stout Street,Denver,Colorado -10.74
Nitrar.'r '♦t in'*AtMINSmo tnF!'7RTrse Ala Anima—
R. Tho hour and place of closing shall he as designated by_._.RE/MAX.-Inc.„. .Real.tons
7. 1'ossesslon of premises shall be delivered to purchaser on delivery of deed
subject to the following leases or tenancies, Month to month tenancy
If the seller fails to deliver possession on the date herein specified, the seller shall he subject to eviction and shall be
liable for a daily rental of 8__.30..00 _. _ until possession is delivered.
8. In the event the preniises shall be damaged by fire or other casualty prior to time of closing, in an amount of
not more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the
date herein provided for delivery of deed. In the event such damage cannot he repaired within said time or if such
damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to
carry out this agreement despite such damage, such purchaser shall he entitled to all the credit for the insurance
proceeds resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or ser-
vices fail between the date of this agreement and the date of possession or the date of delivery of deed, whichever
shall be earlier, then the seller shall be responsible for the repair or replacement of such fixtures or services with a
unit of similar size, age and quality or art equivalent credit.
•
9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or per-
, formed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both parties
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 March2 .3, _
19_ 75 ,or if title is not merchantable and written notice of defects is given to the seller or agent within the time
herein provided for delivery of deed and shall not be rendered merchantable within 30 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, lmwete , that 1 Hctz Gf c3:rrctin,....:defects,seller may,within.flaid 20 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 fur such Title Insurance Policy.
11. Additional Provisions:
This contract shall be contingent upon Purchasers ability to obtain a variance
from Weld County Zoning Department within 30 days or Purchasers removing aforesaid
contingency on or before April 23, 1975. This contract shall also be contingent
upon Purchasers ability to obtain satisfactory financing within 30 days. Price to
include 3.95 shares Farmers Reservoir.
12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser
and shall inure to the benefit of the heirs, successors and assigns of said parties.
--;26-2" Agent_ RE/MAX_ Illc_, Real 4�S---- -------
Purcheer �J7-77 Deb �7
_ .c-rcr-__ 3_'26-7slty:.._-
Purchaser Deb Vla Sullen
Seller approves the above contract this _ __ day of ____.-._....— _, 19 and agrees
to pay a commission of io of the gross sales price for services in this transaction,and agrees that, in the
event of forfeiture of payments made 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_ .__
Seller's Address
p
tang® 1155t,0EMIE g A ,'. E CONSULTING ENGINEERS
X91/ LAND SURVEYORS
12520 W. CEDAR DR.
LAKEW00D, COI 0RAD0 80220 � � t t •
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(3031 986 45/5 Rf: /42-41
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W �4tor �. . 1 131551' I FINR67W,
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Found 114 Rebar _ 11N, R67W
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I CG11_ DL ,CRII'IIII'I
PARCEL : the n '. of the W t. of the ': tJ N of Sort inn 21 , Township 1
North , Lune 67 West oh the hth P)1. , County of Weld , State
of Colorado , LXCLPTIN filtiN EL'G11 the 'birth 262. 3 feet •and the
st. Y1 .0 feet thereof . Cont,iininm( 31 .' 4 acres, more or less .
PARCEL +'2: The North 262. 3 feet of the 11 ', of the 1,1 of the SW 1, of
Section 21 , Township 1 north, Range 6/ West of the 6th P .M. ,
County of Weld , State of Colorado, [Alf 11111(1 Tf1EREl-ROM the
West 30.0 Ieet. thereof . Containing 7. 74 acres snore or less .
UK I I) ICATL SUPVEY
This is to eerirfy that on the Nth day of toptesdrer, 1774 ,
a survey of the above described parcels of land was made under try supervision
and points were set as shown on the (+hove plat.
LADD rr ASSNCIA1H
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