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Home My WebLink About790839.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 373 - JOHN DiTIRRO, JR. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public hearing held on the 5th day of February, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption No. 373, being the property of John DiTirro, Jr. , described as part of the North Half Northwest Quarter of Section 25, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : The North one-half of the Northwest one-quarter of Section 25, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, except a strip 50 feet wide along the North line of said North- west one-quarter as conveyed to Weld County by deed recorded in Book 270, Page 459 of the Weld County records. Contains 77.11 Acres, more or less. lot A: That part of the North one-half of the Northwest one- quarter of Section 25, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northwest corner of said Section 25; thence South 00°49'45" West on an assumed bearing along the West line of said Section 25, a distance of 50.01 feet to the true point of beginning thence North 90°00'00" East, parallel to the North line of said Section 25, a distance of 2077.12 feet; thence South 00°00'00" West, a distance of 943.20 feet; thence South 26°16'33" West, a distance of 369.91 feet to a point on the South line of said North one-half North- west one-quarter; thence South 89°59'10" West along said South line, a distance of 1931.82 feet to a point on said West line Section 25; thence North 00°49'45" East along said West line, a distance of 1275.49 feet to the true point of beginning. Contains 60.45 Acres, more or less. does not come within the purview of 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 WHEREAS , the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within 790839 P"-• fI the purposes of the Weld County Subdivision Regulations and the Board 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 2-1A(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by John DiTirro, Jr. be, and hereby is, exempt from the definition of the terms "subdivision" and "sub- divided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: '1/4 - (2nn.v,.;,ilitiLLn/ Weld County Clerk and ecorder d Clerk to the Bo d By: 1 C Deputy County Clerk Cid ED AS TO FORM: County Attorney DATE PRESENTED: FEBRUARY 7, 1979 'r`"Y'Y : RECORDED EXEMPTION NO. 1+69-25-2-RE373 Sheet I of 2 LEGAL DESCRIPTION: The North one-half of the Northwest one-quarter of Section 25, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, except a strip 50 feet wide along the North line of said Northwest one-quarter as conveyed to Weld County by deed recorded in Book 270, Page 459 of the Weld County records. Contains 77.11 Acres, more or less . Lot A: if41 1 That part of the North one-half of the Northwest one-quarter of Section 25, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the North- west corner of said Section 25; thence S00°49 '45"W on an assumed bearing along the West line of said Section 25, a distance of 50.01 feet to the true point of beginning; thence N90°00 '00"E, parallel to the North line of said Section 25, a distance of 2077.12 feet; thence S00°00' 00"W, a distance of 943.20 feet ; thence 526016' 33"W, a distance of 369.91 feet to a point on the South line of said North one-half Northwest one-quarter; thence 889°59'10'W along said South line, a distance of 1931 . 82 feet to a point on said West line Section 25; thence N00°49 '45"E along said West line, a distance of 1275.49 feet to the true point of beginning. Contains 60 . 45 Acres, more or less. I, John DiTirro, Jr. , being the sole owner in fee of the above described property, do hereby divide the same as shown on the attached map. A-2 A /:,-111- 116,-7c2 gIi ffirro, Jr. i The foregoing certification was acknowledged before me this 24 day of 47.0 ce......Cate , A.D. 1971_. My Commission expires d.• / 1. _ / 9 g 1 , Witness my hand and seal. Notaublic e-1" I ::ereby certify that this plat was prepared under my supervision and that the same is correct to the best of my knowledge and belief. • Edwar Ian , Jr. " 3 :'1.r Reg. P.E. b L.S. Colorado No. 2730 0 £ Fa nying plat is accepted and approved for filing. b r. 1 airman o e oard of County Commissioners Attest: (L442441.402:14e� Clerk as Recorder Dated: 2/ / 791 s Lind Engineering, Inc. File X25 4/7- /0x� DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO February 5, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #373 Dear Commissioners : The attached application, plat and related items are in reference to a request for a recorded exemption from John DiTirro, Jr. The pro- perty on which the recorded exemption is being requested is described as Pt . N*NW* Section 25, T1N, R67W of the 6th P. M. , Weld County, Colorado. This property is located adjacent to Wattenburg, 2 miles northwest of Brighton. The property contains approximately 77. 1 acres of Class II and III irrigated soils. The request is to split the property into parcels of 60.45 acres and 16.66 acres. Mr. DiTirro desires to decrease his farming operation and thereby intensify his produce and nursery storage business. Mr. DiTirro desires to sell Lot A (60. 45 acres) which is the farming opera- tion. Lot A contains a residence for the farm operator . Lot B contains labor housing for the produce and nursery storage business. Based upon the information submitted and the adopted policies in the County, the Department of PlanningServicesStaff recommends the request be approved for the following reasons: 1. The proposed split conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3-3A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zoned District ) and the Weld County Comprehensive Plan in that the larger parcel does have an existing set of improvements. The use will be compatible with surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land use. 2. The City of Brighton has no objections. Board of County Commissioners Page 2 February 5, 1979 3. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Reppe fully, omas E. Bonn Zoning Administrator VT/csd December 26, 1978 Weld County Planning Coumiission 915 10th Street Greeley, Colorado 80631 Gentlemen: This letter is accompanying my application for a Recorded Exemption on the N1 of the NWI of Sec. 25, T1N, R 67 West of the 6th P. M. , Weld County, Colorado. As indicated in the Contract exhibited herewith, I would like to sell the 60 acre portion as indicated on the survey as Lot A, which consists of the main portion of the farm land and the farmstead improve- ments, and retain that portion shown as Lot B, which contains the warehouse processing plant and offices of the Z J Fort Produce Company which I own and operate. I am retaining enough land to provide for ample expansion either by myself or any future industrial owner and operator, as well as the one industrial adjudicated well and one adjudicated irrigation well together with the retention pond that may be used for fire protection purposes. This portion of land also includes labor housing that we provide for labor in our plant, all of which is located on the West side of the community of Wattenburg. I am trying to decrease my farming operation and intensify more on the produce and nursery business. I feel this split will not alter the present usages of this land, but will enable me to provide a better service to my customers as well as more jobs for the people in the area, and a larger tax base for the County and School District. I would sincerely appreciate your favorable consideration of this request. Yours truly, :rr John Di Tirro, Jr. ti APPL . ,ATION FOR RECORDED EXEMPT± _ V PHONE: 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street, Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO. Rc 312) APPL . FEE %a. "T' 00-ZONING DISTRICT (C} RECORDING FEE a`-o -- 0/f" DATE "be Ion RECEIPT NO . 721.04%-- APPL . CHECKED BY yr. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : The North one-half of the Northwest one-quarter of Section 25, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, except a strip 50 feet wide along the North line of said Northwest one-quarter as conveyed to Weld County by deed recorded in Book 270, Page 459 of the Weld County Records. Contains 77.11 Acres, more or less. ACREAGE : Lot "A" 60.45 A ; Lot "B" 16.66 A ; Total 77.11 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x • Are there any existing improvements on Lot A? Yes X No Lot B? Yes X No FEE OWNERS OF PROPERTY : 13215 Weld Co. Rd 8, Name : John Di Tirro, Jr. _ Address Fort Lupton, Colo. Phone 659-5650 Name : Address Phone Name : Address Phone WATER SOURCE FOR: Lot "A" 700' w/pressure systpmLot "B" 36' w/pressure system TYPE OF SEWER FOR: Lot "A" Septic & leech ; Lot " B" Septic & leech PROPOSED USE FOR : Lot "A" Agricultural ; Lot "B" Industrial usage I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF COLD ) �� STATE OF COLORADO ) /)1,1)1.1 S ' gnature : Owner or Aut rized Agent Subscribed and sworn to before me this e.e. day of eektgarda, 19 71 SEAL Notary Public (PC1. /2-- - 1 9 1 My Commission expires : !I. n X527 Recorded at.__i..Q,.e..`_��g ..o'eloet .. _II.,____. NOV 1 0 1964 Reception No j`_ !)()(i(i ANN SPOT Recorder. NOfX t EECORDER7 STAMP Tau DEW, Made this 2 :d day of ':o7e,: cer in the year of our Lord one thousand nine hundred and 617 tag--`our j i bstna° CARL :.,IIZZI a:.d "'AY:GA?;-3T PALIZZI io r: p of the comity of Ada!'s and State of Culondo,ads ores put,sad JOH:, DI TI.-LSO, JR. sad G3ORG3 -.;. RICLA I ih of the Corny of Ad r-^s and State of Colorado,of the second put: WITNESSETH,that the said pert e s of the prat part,for and in consideration of the sun of 'Iii'. Ct:.er _cod - d rralucplo colsi�cr- tin-. n' :e- DOLLARS, rr to the said part e c of the first part in hand paid by the said parties of the second part, the receipt whereof is y, hereby confessed and acknowledged,ban granted,bargained, sold and tainted,and by these presents do ,t,j grant, bargain, sell,convey and confirm unto the mid parties of the second part, their heirs and assigns forever, not i i ,in tenancy in common but in Joint tenancy,all the following described lot or parcel of land, situate, lying and • . being in the County of ;'e 1 c and Ste d •f r,u,,,ed1,to-wit: y it f t' T,; of o3ctic , :la o -i: 1 or`_'- 'J4 1 of t ,r•, - L i1 I. , veldCo ._-t ' Jo , ri: '; , �0l0r' J , r - o ult'-' sr deri-yo fro-- 1 s . rs. 01 to 'r o e ^1_tlto Li c o o , sr, rip O io_ lc d ,on _d o I ,1 70. '_/ " .:or2 PLC -DO."r .:io:. oc.�t• i. - 1�. r.A. iI, recur., i : oo : .0, .t j... at,: , ;o' .1 { TOGETHER with all and singular the hereditamenn and appurtenances thereunto belonging, or in anywise ,1 'i appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the 'IAA -estate,right,title,interest,claim and demand whatsoever of the said part of the first part, either in law or egulty, F of,in and to the above bargained premises,with the hereditament,and appurtenances. ..NIA' TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenance*,unto the said Icy....,,.. parties of the second part,their heirs and assigns forever.And the said part!c^ of the first part,tor'- t set -.-. t ' ., heirs, 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 - -_ - rwell seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance, in law,in fee simple,and ha;• good right,full power and lawful authority to grant,bargain, sell and convey the same in manner and form 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 never, e; r 1 c _ - ' — . J_ • , - ;,p - - . and the above bargained premises in the quiet and peaceable possession of the said parties of 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 1, part - of the first part shall and will WARRANT AND FOREVER DEFEND. 6?t' IN WITNESS WHEREOF the said part; of the first part ba:t' hereunto set..0 i--band: and seal, the day and year first above written. Signed, soled and Delivered in the Presence of 1' 'Y' SS �-- t •is,:. cx - _ d ----------- o ,1f fJ II{ STATE OF COLORADO, .. Corny o` a c - a -4 f.'. " 4 N AM„ clog iastrrmmt was acknowledged before me this a 0 ✓o N 4':, = l L,byl0\414pr,]. P lizzi H . -r • . _ , P:lizzl day of ar ill�to 13. a+ a expires :i u'.".0 C pr- .WIWs.y head and offkw set. J+ : s w "s , `.Pryl[ 1•�e ft. i ". 4.114,42—...... . ._ v,. g1 y a f•�, aces rwtia-._ F. r i No firiii. WARRANTY D,or 11,Mat Teeter—midst-Ladeee;Ifby Prentiss Os.wr,g In airs.Stare.Dearer.Cobraae I n r -n or persona b pent Insertaserector sit i Hun y person acting m m-•e-r or o nl rapacity or t. b-+ t , ti( vrt..' r• toot or other ca Atli n I' n$ ct -Rr of rot.•or ctnrtre u the Prxident or other officer,of etc',for naming IL—p,wYt 'fl '� , o .. v oraao fterir.W xfatnta 19br. orY I ern I. WATCH DIVISION I , STATE OF COLORADO CASE. NO . W- 2784 . IN THE MATTER OF THE APPLICATION FOR ) HATER RIGHTS OF FINDINGS AND RULING, JOHN DI TIRRO , JR . OF THE REFEREE IN Weld County THIS CLAIM , having been filed with the Water Clerk , Water Division I , on May 22 , 1972 and the Referee being fully advised in the premises , does hereby find : All notices required by law of the filing of this application have been fulfilled , and the Referee has Jurisdiction of this application . No statement of opposition to said application has been filed , and the time for filing such statement has expired . All matters contained in the application having been reviewed , and testimony having been taken where such testimony is necessary , and such corrections made as are indicated by the evidence presented herein , IT IS HEREBY DECREED : 1 . The name and address of the claimant : John Di Tirro , Jr . Route 1 , Box 96 Fort Lupton , Colorado 80621 • 2 .. The name of the structures to which a right is hereby Decreed : (Well No . 1 -6400-F Well No . 2-11082-F Well No . 3-20582 , — (Well No . 4-RF-617 . ell No . 5-6418-F 3 . The legal description of the structures : Well No . 1 -6400-F ,is located 460 feet South and 270 feet West of the Na Corner of Section 25 , Township 1 North , Range 67 West of the 6th P . M . , Weld County , Colorado . Well No . 2-11082-F is located 2620 feet South and 2630 feet East of the NW Corner of Section 30 , Township 2 North , Range 66 West of the 6th P .M . , Weld County , Colorado . Well No . 3-20582 is located 50 feet North and 1400 feet East of the SW Corner of Section 17 , Township 1 North , Range 66 West of the 6th P . M . , Weld County , Colorado . x Well No . 4-RF-617 is located 325 feet South and 265 feet West of the N1 Corner of Section 25 , Township 1 North , Range 67 West of the 6th P .M . , Weld County , Colorado . Well No . 5-6418-F is located 50 feet North and 1100 feet East of the SW Corner of Section 17 , Township 1 North , Range 66 West of the 6th P . M . , Weld County , Colorado . 4 . The source of water : Groundwater 5 . The date of appropriation : Well No . 1 -6400-F : November 10 , 1964 Well No . 2-11082-F : August 7 , 1966 Well No . 3-20582 : May 22 , 1944 Well No . 4-RF-617 : December 31 , 1932 Well No . 5-6418-F : November 3 , 1964 6 . The amount of water: Well No . 1 -6400-F : 0 . 783 cubic feet per second , absolute 0 . 433 cubic feet per second , conditional Well No . 2-11082-F : 2 . 34 cubic feet per second , absolute 1 . 00 cubic feet per second , conditional Well No . 3-20582 : 1 . 66 cubic feet per second , absolute Well No . 4-RF-617 : 0 .265 cubic feet per second , absolute 0 . 290 cubic feet per second , conditional Well No . 5-6418-F : 2 . 66 cubic feet per second , absolute 7 . The use of the water : Well No . 1 -6400-F : Irrigation of approximately 80 acres in the NZ of NWa of Section 25 , Township 1 North , Range 67 West of the 6th P .M . , Weld County , Colorado . Well No . 2 -11082-F : Irrigation of approximately 80 acres in the S% of NW4 of Section 30 , Township 2 North , Range 66 West of the 6th P .M . , Weld County , Colorado . Well No . 3-20582 : Irrigation of approximately 80 acres in the E' of SW, of Section 17 , Township 1 North , Range 66 West of the 6th P .M . , Weld County , Colorado . Well No . 4-RF-617 : Non-consumptive industrial use for may- vegetable washing . Well No . 5-6418-F : Irrigation of approximately 40 acres in the SW; of SWa of Section 17 , Township 1 North , Range 66 West of the 6th P . M . , Weld County , Colorado . It is also ordered that the conditional rights herein awarded Well No . 1 -6400-F , Well No . 2-11082-F and Well No . 4-RF-617 are hereby continued in full force and effect until June 1 , 1975 . If Applicant desires to maintain such conditional decrees , an application for a biennial finding of reasonable diligence shall be filed on or before June 1 , 1975 , or a showing made on or before such date that the con- ditional water rights have become absolute water rights by reason of the completion of the appropriation . C • d / / unrLo this .Ko-- day of �lccizei , 1973 . Thom s J . Aro , J Wate R feree Water Division—I", State or-Colorado No protest was filed in this matter . The foregoing ruling is confirmed and approved , and is made the Judgment and Decree of this Court . Dated : 19.13 ater u it PHONES 303/857-2930 S.Ep:RSA & ASSOCIATES 303/629-0432 -4"REA4TQR " 140 DENVER AVENUE FORT LUPTON, COLORADO 80621 - . SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH' Fort Lupton ( nlorado November 6 . 1p 78 RECEIVED�`111`0��31( Todd Hitchings Purchaser I iiptai/x( 44, the sum of sQOQ.Q0.-_ --_ , in,the form of_a.-peenogaLLCheck to he held by J . L. Sears- _._ -_ _ - _- -__ _ _• broker, in his escrow or trustee account, as earnest money and part payment for the fallow ing described real estate situate in the _ County of _ Weld_ - Colorado, to wit: Part of Ny NWT Sec. 25, Township 1 North, Range 67 West of the 6th P. M.; together with 1 share of capital stock in the Brighton Ditch Company; except and reserving unto the seller all oil and gas; subject to any oil, gas or mineral lease of record; seller- agrees to -survey said land consisting of 60 acres more or less, . - vIth :dl easement and rights of lvay appurtenant thereto. all improvements thereon and all fixtures of a permanent _ nature currently on the premises, except as hereinafter prey Hod. in their present condition, ordinary wear and tear excepted, hm,an as PiTirro Farm which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of _$ 21.5O40.00 , payable as follows: $_3,000sO0 __ _ _hereby receipted for. S_ 60,Q00.00 n_ ah or._certified funds on delivery of deed, and the balance of $152,000.00 in the form of a note secured by a first deed of trust payable as follows: interest only for a period of 3 years at a rate of interest equal to the rate charged on the existing first loan by Colorado National Bank after the partial release is rendered on this parcel thereby leaving the remaining parcel of approximately 10 acres more or less to the East subject to said loan; then said loan of' $132,000.0© shall be amortized in 7 annual payments of $31,221.64 including interest at rate aforementioned. Total loan shall be paid in full within 10 years. Purchaser has privilege of pre- payment at any time without penalty. Said annual payment based on 107, interest and to be adjusted if interest rate is different. 1. If a note and trust deed or mortgage is to he assumed, the purchaser agrees to pay a loan transfer fee not to exceed 3_ N/A - -_- and it is a condition of this contract that the purchaser may assume such encumbrance without change in its terms or conditions except_ _ UOne_. - '! 2. Price to include the following personal property: none. - { • • 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. :utd except any perse,nai property lien- in any encunilu-uuce -pecificd in paragraph 5. The follow.Mg fixtures of a permanent nature are excluded Crow this sale: none. • a. Price to include the following'water rights: 1 share of capital stock in the Brighton Ditch Company. 1. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an •t an,ennt equal to the purchase price, at seller's option and expense, shall lie furnished the purchaser on or before _ February. 9 , 1p_79 If seller elects to furnish said title insurance commitment, seller will deliver tho title in-urance policy to purchaser after closing and pay the premium I hereon. 5. Tit le -hall h n-reliantable in the seller. Subject to payment or tender as above provided and compliance with the other term and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient -general warranty deed to said purchaser on __February 28 -_--_ 19 '79 , or, by mutual agrce- moat. at an ear, ..r date, corms ying said pr perty free and Blear of all taxes, except the general taxes for 19 79 payable January I. 1080 _ and eept_ 1979assessments of the Brighton Ditch Company • • free and clear cd all liens and encumbrances e>:cept: none other. No.s(' 15-10-;.5.•reel fie Performance Contract {F'arm and Ranch, Acme-Wilkinson Printery, Inc, 1013 8th Ave., Greeley, Coln.—10-75 • • and except the following casements: those of record and/or visually evident, and subject to building and zoning regulations and the t,0i„twi e. restrictive covenants: those of record, if any. Any cncuntbrauce required to be paid nut y be paid 1'n,nt I'm towns r.f this 1, nsaet i,nt. 0. General taxes for lit 79 _ shall he apporGenc 1 date ,f delivery of deed based on themost re-r 'a love and the most recent assessment. Personal proper\,- taxes, prepaid rents,ware, :sons.sewer rent=.and intei est on ,.ctminaxe,<- ifany, and 1979 assessments of the Brighton Ditch Company shall be apportioned to date of delivery hf deed except that: they shall be paid by purchaser. • 7. With respect to the growing crops the seller and purchaser agree ns follows: Purchaser to receive total possession on delivery of deed. a H. The hour and lace of dosingshall he desi nated by-_ J. L. Sears place g b. Possession of premises shall be delivered to purchaser on delivery of deed subject to the following leases or tenancies: month to month rental of home to Ralph Villano. lo. The risk of loss from any damage to the improvements by fire or other casualty prior to date - f closing shall he on the seller, provided however that if the seller shall maintain insurance on said intprev enttuts which will com- rtvtsat•,1 for the full replacement value thereat', the seller may at his option assign the proceeds ed -aid insurance to ft: purchaser, in which case the purchaser shall complete the transaction as herein provided. '4 he risk of loss for any damage to growing crops, by fire or other casualty shall hi' horn,' hp the party entitled to said crops as provided in _1! paragraph 7 and such party shall he untitled to the insuraucr proceeds. s . 11. 'lime is of the essence hereof, and if any payment or any other condition he roof is not niftily, t-uderecl or per- formed by either the seller or purchaser as herein provided, then\.lire, cent tact, at the ption of the P:ertc tvh„ is not in default, may he terminated by such party, in which case the r. ,n-dcfmilt ins'party may roroccr w-h 'lam,:uc o as may be proper. In the event of such default by the seller, and the purchaser chess to treat the contract as tinneinated, then all payment- ninth: hereon shall lie returned to the purchaser. In the etent of such default by the l r rchas•r, ,aid the seller �i.` alerts to treat the contract as terminated, then fill paw amid fluid- het litainnl on behalf of the seller. In the event, iutwever. the 'on-defaulting par ty fleets to treat this contract a. being in full three and ef- fect, the non-defaulting party ,hall have the right to an niton for specific performance antd damage-. '3' • 12. In the event the seller fails to approve this instrument in writing' on ni before November 8. - 19_78 , or if title is not merchantable and wf itten notice of defects is gitmn to the s llor ter agent within the ? tint' herein provided fig-delivery of deed and shall not Le r, c,lra'ed morcl:a ntahlo tt ithirt lift days after such t•:ritten notice, then this contract, at purchaser's option, shall be y yid arid of no effort and etch party I c.-et, -halt he released front all obligations hereunder and the payments ;oath, hereunder shall he retu-r.ed Port l. t it , ' . p'4,144-ir upon return of the abstract, if any, to seller; provided, however, that in lieu of col roetime such di furs, seller may. titl-,In said 1St' days. obtain n commitment for Owner's Title insurance Policy in the anteunt el the Hu price showing the title to he free from such defects and seller shall pay full premium for such 'title lusur:rrce 1Thicy. T•T I 13. Additional Provisions: #1. This contract is contingent upon-sailGF- getting recor d exemption on the 10 acre and 60 acre split. #2. This property is the sole secur y on theAbove note and deed of trust.ba# a It is understood by the seller that th purchases is a licensed real estate in the State of Colorado. - 14 Upon approval hereof by the -cller, this ,.:.'urn,^rt .a.rll bcconna-c tu,:tact Lcnccerr scl..r e;;d-uua elm-. a-a d shall inure to the benefit of the twits, successors and assign:- ,d said parties. ?7 1. � t' f CO-OP 60% - 40% -e / ` l.�s �� •� �7 j Agent ,,.7_ L. Sears & Associates and • Todd Hitchings fi Tol'kyn Enterprises, Ltd Irv: ,``,ellor unprot-c_s the above canhttet this ,,v,4_ November ln 78 r.r nt..c.e. To pay :r ei nrnussiou of 47 , of the grow: ss, f p,h I: r r cl'i• in LH, 1'1,1 tr -t , t. n LLo etteut of nu:cruet. .,f payments made by net Jhaste sta n'it r t. bas: div'.,Ii we: ' .t and the ' seller, one-half hereof L, -r r r her, but not t,, r sc .-. e t t t i--tntt ,.I Ill.. bubo 't o n Di Tirro Jf�l P . Add,,,s. seller's Address iia Weld County Health Department BOARD OF HEALTH DAVID WERKING FRANKLIN D. YODER, MD, MPH . DDS Greeley Director 1516 HOSPITAL ROAD WILLIAM SLICK Roggen. DORIS DEFFKE Greeley GREELEY, COLORADO 80631 A M DOMINGUEZ. JR.. J.D.. Greeley ANNETTE M. LOPEZ. Greeley (303)353-0540 FRANK MYERS. M.P.H.. Windsor HERSCHEL PHELPS, JR., M.D., Greeley KATHLEEN SHAUGHNESSY. PHN, Ault ARTHUR G. WATSON. Platteville January 18, 1979 Vickie Traxler Assistant Zoning Administrator 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption requested by John Di Tirro, Jr. , 13215 Weld County Road 8, Ft. Lupton, has been reviewed by Environmental Health staff and no apparent conflict with health regulations is indicated. Sincerely, Jo n G. Hall , M.P,H. , irec or En onmental Health Services JGH:dr JAN 1979 a RECEIVED wl weld Comb Planning Coxed 99t X mEmoRAnDum lunge. To Planning Commission Date January 17, 1979 COLORADO From Gilman E. Olson, Utility-Subdivision Administrator Subject: John DiTirro, Jr. (R.E. ) There are no engineering problems anticipated by this request. Gi man E. Olson Utility-Subdivision Administrator GEO:sar \\O5161I tRith Cnup# 1 St Cnsis�le� k • RICHARD D. LAMM Governor \ C.J. KUIPER , State Engineer # **`*<:;.:k,%iC.4* q. DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 January 15, 1979 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Di Tirro Exemption #RE-373 Gentlemen: We have reviewed the above referenced application for exemption. We feel that a dependable water supply will be available from existing wells on the tract and we recommend approval of the Di Tirro Exemption. Very truly yours , / ' , haitt D . Jeris A. Danielson s- .uty State Engineer JAD/GDV:mvf cc: Jim Clark, Div. Eng. 1c31111 lg.-N. \t` Or . JAN 1979 <} o RECEIVED ;J a- Weld County co Planning Commissiee \, s --LEGAL DESCRIPTIC`'`I 25 - ! - b7 CASE 140. RE 37 -i � —) /JoTE . SOIL (/, f i -�7� y ../-N PO D nl NW4 aSri../ 12 _ SOIL CLASSIFICATION OLD NO. NEW N0. IRRIGATED NON - IRRIGATED 22 .2a 17e ?SI e / a ► 1s - 52 Sa Ski e e x • ''t _, . A,-° "`",e".4- IR h":1" ,. , pi 4 ' I A a (*t • t / w l pry ��l'". .."*`. I iy � ''14.14 n r r; yy �, ♦ ; /' • ,47 ( I ell- , , , f—, 14, tit . yr, °£. w y r' •• �pyw ,..7—_-",1z;�`r ; 4 w� %A �E.y,, i r 6, 1-40.1.t,..,..,,,?, r" .�F �' a�S xs too �� arm 1 X63 .. A;p1,,,,i ! li' 3Y �.TV ;14...'':I/' 1 1:,...,,, :. .-ii .4 ..,,,,.,,I.,',..7.,-.''',.'7;,;" pvi i s acs- q- F Y. �r ._ ..P-1\--y L - �•" i' h )1,1 --,T)' t at � " ;1 t ydc �$ ' ' " r�� yl Ax''f. .yC • :/4. •* ° - f .. tcs "f, % ',.,-;-:,-,,,,,,,i4', 17.?.. ys { 44,, :',,kx �'y! at„,,...,„.:',,'I. 9. trRe,e r 3s 1 .�r:M $4'''',.' f + sy eqm ; y •r r •-- 5,-,---,'"..3,. � py lflr �� eh' S b i�t �Y.1Gt � : � � \'.- , T t � .S,a j A'1n'y HH _ Yy {.» "t.w9 rr 5 �,y wL ♦ w..,, ...., y 'yN ba • Tom" , r { ara� :. j ) ,y ti 1 +(y � '� i ✓tea • r -.> 1 : .P' .; ' ID' -per 1 ��--'�'ry9 - t ,' 56 + .i 4 1:1.4.;',ft- t, M1 "w 7 ' 3 w 9 3 � tiro: � 1 µ x r „.44%..., e� fn .r :4 i.� IF t` i' t i. V.a.-, w''-...,4,- : ' t T4' f y � I rM!'i r• ir ,-� ' p II a *it- /R J f ` 'e } e I to �,_ 4. 1 ' ..>__... ] ». Vii .R. FIELD CHECK FILING NUMBER: RE-373 DATE OF INSPECTION: 1/26/79 NAME : John DiTirro, Jr. REQUEST: Recorded Exemption LEGAL DESCRIPTION: NANW& Section 25, T1N, R67W LAND USE : N Agricultural E Residential S Agricultural W Agricultural ZONING: N Agricultural LOCATION: Adjacent to Wattenburg E Agricultural 2 miles northwest of Brighton S Agricultural W Agricultural COMMENTS : Said parcel contains a large warehouse facility and nursery operation enclosed by chain link fence. Access is existing onto County Road 6 for Lot B. Access for Lot A appears to be from County Road 6 and County Road 23. Lot B appears to be irrigated farmland. Lot B con- tains 2 oil wells at the west edge of the property. There are also 2 residences (1 appears to be farm labor housing) and outbuildings on the west end of the property. There appears to be a raised ditch and embankment on the west edge of the property adjacent to County Road 23. Said parcel lies above the flood prone area. BY: k\C - 1fv..49„- r 7TH I \ INi ;MIIMINIul IIAH;INfSEHVIC PHONE 1303) 3SG 4000 EXT.4 015 10THSERF sue-.. n� ‘ GHFELEY,COLORADO 80€*.::ii: .I, jea ,:. 6 ft t. __,,_• CASE NUMBER RE-373 COLORADO :,.*i 1RAL TO WHOM IT MAY CONCERN: Enclosed is an application from John DiTirro, Jr. for a Recorded Exemption The parcel of land is described as Pt . NNW Section 25, T1N, R67W • The location of the parcel of land for which this application has been submitted is Adjacent to Wattenburg, 2 miles northwest of Brighton 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 appreicate 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 29, 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. �,\�9104 341\ I `r) JAN 19)9 s q en RECEIVED V _ � - Lr hit aunt' co Assistant Zoning Administrator c,- Plinineen ,10 f6 tiL�' �g 2 ig We have reviewed the request and find no lo with our .interests. pb4 fest I Signed L. lo�r40Date ,r,„,„ /42, 1979 t Agency A '4[f. O T $ r74-7c, ti - - 4. RECORDING DATA - MAPS b PLA , _ Recorded Exemption 4 1469-25-2-RE 373 NAME OF SUBDIVISION — NAME OF SUBDIVIDER John Di TirtQ,Tr --- - The North one-half of the Northwest one-quarter of Section 25, Town- i0CATION OF SUBDIVISION ship 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, *' 5ntinued below) DATE OF RECORDING FEB 1 4 1979 BOOK 860 RECEPTION # 1781856 Location: * except a strip 50 feet wide along the MARY ANN FEUERSTEIN North line of said Northwest one-quarter as MELD COUNTY CLERK AND RECORDER conveyed to Weld County by deed recorded in book 270, Page 459 of the Weld County records. Contains 77.11 Acres, more or less. BY: /iA A4 DEPUTY COUNTY CL/"ERK & RECORDER Hello