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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 {( By VI-Aitken Q t VC l 1J L y Deputy County erk P v A OVED AS TO;FORM:‘1/41 . j County Attorney PLWay 75041 3 9 x -s 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 t ~ 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 • 303-777-4141 !ba 4 ci/latleit saje4, 1355 South Inca Street— Denver,Colorado 80223 r ,o is .✓ Z7±— rt . /d .AL.. _ c /a-,��w - • • .x - i 1r - /. e_.` �...I L: . L._c r t. -.,.c r 1, ', e /t, .'%C /_<.'—t_r l._;_.. ,+ •�--'t .-� , J i i A. � V' r ,21 � F «,� Y_, 303-777-4141 4. 2Saaide 4 el/wiSt sale,i, 1355 South Inca Street —Denver,Colorado 80223 . 1 y Lf , C _mayr -� r _ 7 , r � t`:. , �., �, , ._ Lc--,r � . LEI ,�h_f a J / -t <...� -l` &7."--le51Kft)eare( Ya8/7s The printed portlona of this form approved by dm Colorado Ral Estate Commbdon (SC 20-7-71) J i I I 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 'I 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 • • (3031 986 45/5 Rf: /42-41 r CA,' Cur Sec W �4tor �. . 1 131551' I FINR67W, Found #3 Rebar ---- Y; 1 I ft,OI )012 31 .7\39°53n 1 \ • \ \ ' Found 1/2 Reber IconN PARCEL 2 �, \ rn LS 02.152 �� 9574 Ac 30 \ 8595 \ • . - Set 1/2 Fmk], w'/cn1, _, 4,9132. n r- Oh Nl r M LID • PARCEL I Ac.F 31 04 0 Set-1/2 Reber`"/cap LS # 91:32 0 ` 90°07513" 89°46'17 Found 1/2'kebor W/cep • _ H7 l� • �— LS.# 2152 317 /2 20 SW Cur Swc 21 Found 114 Rebar _ 11N, R67W 29 28 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 • e � : I C . I r rlrl , IT I'S' ;("1132 -- --- t a, .\ • t, 1 r ,. < il; C' , , 1 w 4 ± 9P g& yv \)(s , , j, , A. L _. .� Z▪ w11F b' ..M 1.': ▪ 0 • r"( _s t•••• a '4 '''‘I.1"'''‘I.1" 1 +.-.i-/ ' • IN 11 . 1 . 4 w_ -arm s T 1 1 1 r �. 74 Y / ' tor�� `_ �t�� _ ' K : Y � L. / y� �, �t \� ire 1( � /, �� � I ♦� � �/ �t _ k. 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