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HomeMy WebLinkAbout841007 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 667 - DELBERT REICHEL 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, at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 667, having been requested by Delbert Reichel , described as Part of the S1 SE4, Section 17, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit A, said plat to be recorded, 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, this request is to divide the property into parcels of 6. 072 acres and 74 . 6 acres, more or less, allowing for the sale of the existing set of improvements on the smaller parcel. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the applicant submitting a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety days from the date of approval by the Board of County Commissioners. c_tv 841007 Page 2 RE: RE #667 - REICHEL The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 22nd day of February, �A.D. , 1984 . v ` L �`� ` 'r/ BOARD OF COUNTY COMMISSIONERS ATTEST: ( ! nv� t WELD COUNTY, COLORADO Weld County Clerk and Recorder i NAY and Clerk to the Board Norman Carlson, Chairman By: i /gn 7,-773 D ��fii eputy Cou ty "Clerk , J cqu ' ine Johp_Son, Pro-Tem APPROVED AS TO FORM: � Y/� Sq9/4xxu�+' Gene R. Brantner County Attorney C uck Carl 2 � J ?�� _ J n T. Martin 022784 841007 - tle:TINII; DEPARTMENT OF PLANNING SERVICES 9` PHONE(303)356-4000 EXT.400 915 10th STREET I GREELEY,COLORADO 60631 COLORADO • 4, February 22, 1984 } 'i Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #667 Dear Commissioners: The attached application, plat and related items are in reference to a request from Delbert Reichel for a recorded exemption. The parcel of land on which this request is being made is described as Pt. Sk, SE', Section 17, T6N, R64W of the 6th P.M. , Weld County, Colorado. The property is located 2.5 miles East of Galeton on State Highway 392. The property contains approximately 80.672 acres of Class IIIe (prime) , Ills, IVe irrigated and IVe, VIe nonirrigated soils. The request is to divide the property into parcels of 6.072 acres and 74.6 acres, more or less. This exemption will enable Mr. and Mrs. Reichel to sell the existing set of improvements on the smaller parcel. The larger parcel will remain in agricultural production. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: The 80.672 acres, more or less, under consideration will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing agricultural zoning. The proposal is also consistent with the intent of the "A" Agricultural Zone District in which it is located. 841007 • Board of County Commissioners Page 2 - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - North Weld County Water District has indicated adequate water service is available for this proposal. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from Colorado State Highway 392. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. k jet 2. J The Myer pl shah show a/forty/(40) fggt reserv$tion north of the s ',t' center}/ine o Colors o State �Elighw,& 392. 0 t (. Respectfully,eatn/4 /etir; ames R. Mayer' Current Planner 841007 FIELD CHECK FILING NUMBER: RE-667 _ DATE 01 INSPECTION: February 13. 1984 NAME: Delbert And Cpylpnc .ppirhel REQUEST: Recorded Exemption___ LEGAL DESCRIPTION: The S%2 SE Section 17, T6N, R64W of the 6th P.M. , Weld County�.� LAND USE: N Agricultural_production E Agricultural Tapcluetipil S Agricultural production • W Agricultural production ZONING: N Agricultural LOCATION: 2.5 miles southeast of Galeton: E�gricural ___ north of State Highway 392 and w€st_of_._ _ S Agricultural Wgld County Road 53 W__Agxicultural COMMENTS: Access to the subject site is from Colorado State Highway 392. a paved road, The site slopes gently to the south and west. Improvements consist of two (2) single family residences and one (1) large 15' x 60' shed on the Rorposed Lot "A". The site is in crop production. BY: J)0—. - , J es R. ayerl, rr nt Planner JRM:rj g 841007 STATE OF COLORADO DIVISION OF HIGHWAYS F. ,4 OF H•ry y'ty{ P.O. Box 850 ) S { j1 • 5 Greeley, Colorado 80632-0850 ₹� n1 (303)353-1232 �x t �8= February 8, 1984 ;oc cot,/ Weld County SH 392 Reichel Exemp. 7 Mi . E.0' �✓ f j r -:'{ .ti• Lucerne on N. A ( Side of SH 392 4 Mr. James R. Mayerl 1gc`l DOH FILE 45100 Department of Planning Services Weld County WE/dC°• eommi 915 Tenth Street 93/o° Greeley, Colorado 80631 Dear Mr. Mayerl : We have reviewed the Delbert Reichel application for a recorded exemption and ask for your consideration of the following comments. 1 . Projected traffic on State Highway 392 indicates the need for an 80-foot total right of way, 40 feet each side of the highway centerline. Since the existing width is 30 feet each side of the centerline, an additional ten feet should be protected by setback, reservation, or (preferably) dedication as permitted by County regulations. 2. Direct access to this property from S.H. 392 is available through three existing driveways. One of them serves a 20-foot access road at the west end of the property, according to the site map. Given this direct access to the highway and Weld County Road 53 to the east, no additional access to the highway would be permitted as a result of this exemption. Thank you for the opportunity to review this exemption request. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER lit/ , W. F. Reisbeck District Preconstruction Engineer WFR:da cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson w/encl . 841007 8 - —aBso . 10 .fl X �� � 9B4,f - -�- u --_ • 1 v� V� I � I 0 i / °a I ` i ti GAPT1N IN OI4713 sna BM aR@' , ' _ �6.�1 i� •• �, i •• / /tlM • '� L 4746 • 4.14 �V I _ ,) o I _ c /li ---- -/— ) 1 } / / I ' 4 ' 20 \ 21/ I \ I 22 / OBI m , ti o I � c, I i •� � 37 $ i 4704 I • 469 0 a O •° . _9KB/' • __ 4701 —.. J • (y a I I�I —s9o— —------�,1. eSti 4686 \ 1, Alden • 4684 acia. 7 4e4,2 II �I l\ • _ Ire® 13' CO`)).�s �, s• I"oar: : . 1 �\ h / •_I 37 y � / q / i / • �7�` I 648 _ L 2 — _ I i / II / 0 �o 'lt , 4860 /7 — • = 33 ° I'' � 34 c k/. • 4 .ii • o• �� � 0 REFERRAL LIST APPLICANT: Delbert Reichel CASE NUMBER: RE-667 SENT REFERRALS OUT: February 2, 1984 REFERRALS TO BE RECEIVED BY February 16, 1984 m m z m z m o Z H Z H H 6qq 47 Z H OR [WA o o Z O U O {R O ti W Z W £ EEPAA O W o . O W 18 O W z z z 0.4 mz z ▪ County Attorney (plat only) Weld County Health Department ---- Engineering Department `--- County Extension Agent ---- Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 I IlState Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 X State Highway Department 711420 2nd Street Greeley, Colorado 80631 -1 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 841007 • PHONE : 356-4000 Ext . =�:: ate-_Tent of Planning Services , g15 10th Street , Greele1_, Coloradc '' PLANNING DEPARTMENT USE ONLY : `'APPL . FEE IOo --- CASE NO . /, 7 RECORDING FEE !�-��— ZONING DISTRICT A __ RECEIPT N0 . 13Z35 .- .,1c1Z _ DATE 02 . / • rc} ' APPL . CHECKED BY TO BE COMPLETED BY APPLICANT : ( Print or type only except for required signatures ) twe ) , the undersignec hereby request that the followng described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : 5 SE '�L SEG. i7, .T (, ry } R(.011 O° ` TOTAL ACREAGE : $ O " 7 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No )C FEE OWNERS OF PROPERTY : Name : ila t- B E ft'T •. + G-t)y LE r £✓ k-- . 1kE IC-1—!EL - Address : 155o ES 14 WI 3c1 .--1- 6-R.EEi .yPhone :----------- — Name : Address : Phone : Name : Address : __�_— Phone : --- --- WATER SOURCE : Larger Parcel N ,U3.C .u..A1 _Smaller Parcel WELL. -- NUJCW,O TYPE OF SEWER : Larger Parcel SEPT‘c_ ' ma'. Ier t•arcel S'g, rT'c PROPOSED USE : Larger Parcel R6- . ;na E i e- z rce R . S. ACREAGE : Larger Parcel _ riy , 6 Smaller Parcel (e ,C}� 2 EXISTING DWELLINGS : ( Yes or No ) NO ( Yes or No ) E. S _. hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or cotaned w ' -.nin this application are true and correct to the e= t o* my k' w r r c A . Q-1- -.-..- .. 61)Signature : owner or Autho ized Acent Subscribed and sworn to before me this 3f. day of SE. 41._ '3 1 141 r.-1-6t ry P.;i:l c. 1 e i2 -8-�.._. .__. .. . ._ .,... _ ..r t v , - r 841007 January 31, 1984 County Commissioners Weld County Colorado My wife and I have been renting the SEA SEC 17, T7N, R64W since 1975, and now have the opportunity to purchase it. In order to obtain the financing we need, we must sell the extra set of improvements located on the farm. We have reviewed the alternatives with the planning staff and after reviewing the county regulations, we could not find any conflicts with our request for a recorded exemption. Your approval of our request will give us the opportunity to own our own Weld County farm. Thank you. E1-42-&-.-Dt- ), . ., Delbert W. Reichel 841007 :" ",..cc ,.:= D EXEMPT ION No 4 1.- 1 FD. E.;404rtvl li 1 --1I: 3O'TOTAL [IA _�I 4,1 AL`CE.5 ROAD I ": SCALE: l"-400 I ----- ,^--10= '. To cEhMCE urge. e. t SE- , 1 I 5/z / Sec. 17, T Co N., RCA-kik/ LOT ` O' = 74.( ; ACRES +4 I N q' to - 201 ACCESS ROAD 1..07"A' CONTAINS ( .072 ± iloaRE5 1 $ 1 � N.9000 "w. ui r 44)2.5C•8g, LOT'A' t •$ - fd i c, O o t In rn .14(.:..rn_ 662 ,,l T 1, i C':,,-n. 1 r --- f (- ( �^I.o°co'e`e. 5e;•PI. R.au. STATE NWY. 392 ...*_________!___ n� o = " 4- . �. N.9d 0000 E. 2�3.St. 1 "- .2" ).` ' n., .r-+ , .M� • .c.,--c ,a. 1NC!..UCE5 MON-LOCA eJ _ _ ' S _ 74 G + 44127-1- ` 1.,!C... -.1- F:"...2.0R.1)ED E?.5EMEKT KO6Z l0i AL = 50.7-± ,bRES W4L T:R. SE2V10E 'R 1005E. • LOT tikt I NCLOD:S 0.4(a —2S OF RC AID R.O.W. 1 1 OW JE 5 : L .yes 7G _ P 9 D'E.L.e—E ZT W. GL)YLENE L. RE ,_L Ie s —-_,._..... --L—....4.,.....----..---4----, 25505 P W Y 392 3 cELEY , c.oLORA-DO 8 ,3 i i I I ) . fil in 2 x 01 .9) ° l µ / it 1 . 1G 'IN ' / A /I , Lar(A\ 1/0/17////' STA:-e 14w,{- .-..c,4,"2_�o ice' 2 20 2! 1 � ` L.oAVICINITY MAP ` s 1 I. 8410(x7'. t 1RE00FDED -EXEMPTION N° LLCAL PFSCRIPTION The South Half of the Southeast Quarter (S'SE't) of Section 17, Township 6 North, Range h', West of the 6th P.M., County of Weld, State of Colorado. LEGAL DESCRIPTION LOT "A" Part of the South Half of the Southeast Quarter (S14SEtL) of Section 17, Township 6 North, Range 64 West of the 6th P.N. , County of Weld, State of Colorado being more particulary described es follows: Beginning at the South Quarter Corner (S% cor) and considering the South line of the Southeast Quarter (SE ) of said Section 17 as bearing North 90°00'00" East and with all other bearings contained herein relative thereto: Thence l c rth 90°00'00" East alorg the South line of the Southeast Quarter (SE'..) of said Section 17, 20.00 feet to the True Point of beginning. Thence continuing along said South line North 90°00'00" East, 662.3' feet; Thence North 00°00'00" East, 399.36 feet; Therce North 90`00'00" West, 662.31 feet; Thence. South 00`00'00" West, 399.36 feet to the True Point of Begirrirg (T.F.O.E.) Sri.: 'e-crihed parcel contains 6.072 acres more or less. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under ny supervision and that the same is Q� correct to the best of my knowledge and belief. ./E,I,,,,t•),' •},,, JASPEK Fr.EES, = : 041 t- ±-11 Color do 'P.E. 8 L.S',*4'?'�2r .7 r' 6 i • .... ,• ..� 4 . 4.. s a • wY • • - 1. . ' c�. } w / PR0 RT' �•1EES FF t - fv :''r• Ow ,ter. P_ ROU. L ?^r-rtv.*.•,.v ::e, Delbert W. and Guyiene L. Reichel, being the sole owners in fee of the dc.c►veeedbscrihed property do hereby subdivide the same as shown on the attached map. f ' T Delbert W. Reichel Guylene L. Reichel The foregoing certification was acknowledged before me this day of 1984. Witness my hand and seal. My Commission expires: —..�— Notary Public BOARD OF COUNTY COMYISSIONEPS CERTIFICATE The accompanying plat is accented and approved for filing. CFA.7R N . • - A.T"l5"'. Board of County Cr7mis iorers C�..nt Clerk: Tatea 1 5 3x100� Es°°G°sRE°T°RS "c; NORTH WELD COUNTY WATER DISTRICT ERALEX HEIDENREICH ROBERT ALKIRE F�'h��► 4' ,! 4/_ HIGHWAY 85 LUCERNE,COLORADO 80848 GARY SIMPSON W.M.McKAY ; ' pn LYLE NELSON,MGR. P.O.BOX 56 - PHONE 356.3020 January 26 , 1983 RE : Water Service , Delbert Reichel • Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property : Lots A and B S 1/2 SW 1/4 Sec 17-6-64 Meter # 534 1 . X Water service is presently being provided to the above described property. 2 . x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments : Sincerely, NORTH WELD COUNTY WATER DISTRICT Lyle . Nelson, Manager \k, JO 27 1993 LDN/wb Weld CO.OS uu•-•issian 841007 The primed portions ofihi.form approved by the Colorado Real Eeuie Commission.$C 25.2411. Tills IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) ,. T)eremher 8, ,ig • 1. The undersigned agent hereby acknowledges having received from Delbert W. Reichel and Guylene L. Beichel the sum of 5,000 ,in the form of personal Check to be held by Ray Larson Realty broker. in broker's escrow or trustee account, as earnest money and part payment for the follq ing les r'beg neat estate in the Eaton County of Weld Colorado,to wit- (SA) Sloul'1 Hof (Sya) of Section Seventeen (17), Township Six (6) North, Range Sixty-four (64) West of the 6th P.N. Weld County, State of Colorado. • together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted,and hereinafter called the Propert 2. The undersigned person(s) Delbert W. Reichel and Guylene L Reichel (as joint tenants/tenants in common), hereinafter called Purchaser, heresy agrees to buy the Property, and the r_ undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions ' I stated herein. • �— 3. The purchase price shall be U.S.$ 4'75,000 payable as follows:$ 5,000 hereby receipted for; 11470,000 cash upon delivery of a good and sufficient deed. This offer is contingent upon purchasers securing necessary financing. Price to include North Weld Water Tap and any and all propane tanks that belongs to the Arvidson Estate, on the SE and SW Quarter of Section 17, • • • DEG£ E .FEB 61984 • Weld to.titanic;g issioo .4. 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 and except any personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a permanent nature are excluded from this sale: none 5. Price to include the following water rights: 8 Shares of Larimer and Weld Irrigation Company, 4 Shar Lnrimer Reservoir Company, 6 Sharer, of Windsor Reservoir and Canal Company, 100 acre feet of Northern Colorado Conservancy District, 16 Shares of Owl Creek Supply and Irrigation Company, 16 Shares of Decker Lateral Company ii. If it new limn Is to be n6211111011 by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) apply for such loan,(b)iixeeu to all documents and (tarnish all information and documents required by the lender and I,,)pay the customary costs of ublul sing Mich loan.l'hon if such loan is not approved on or before Dta>attaxYxltpireb ru a ry 10 111_i).l or If so approved but is nut available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. p4100 r� 8 7. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$ -N/A and(2)an interest rate not to exceed N/A ct per annum.If the loan to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such ( consent without change in the terms and conditions of such loan except as herein provided. 8. If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not ., be assignable by Purchaser without written consent of Seller. 9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser 10. An abstract of title to the 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 to Purchaser on or before. February *, 15th ,10_8_4..If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 11. The date of closing shall be the date for delivery of deed as provided in paragraph 12. The hour and place of closing shall be as designated by Ray Larson Realty , 12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs IS and 14. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient frenerni warranty deed to Purchaser on • March 8th. , 19 84 ,or,by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except , free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of all liens and encumbrances except none i except the following restrictive covenants which do not contain a right of reverter: of record • ' and except the following specific recorded and/or apparent easements: ristrictions and rights of way of recc and subject to building and zoning regulations. 13. Except ns stated in paragraphs 12 and 14,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of,closing. If fieller is unable to correct said defect(s)on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 14,if title is not rendered merchantable as provided in this paragraph 13,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14, Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. - 1b. General taxes for the year of closing, based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: N/A 17. Possession of the Property shall be delivered to Purchaser on closing date subject to the following leases or tenancies: N/A If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for a daily rental of$ N/A until possession is delivered. ( 18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller; provided, however, that if Seller shall maintain insurance on said improvements which will canape nsate for the full replacement value thereof, and if Purchaser elects to carry out this contract despite such damson, I'm,'l,nap,- shall he entitled Ia all such Instal/act. pro/team,The risk of ION. for any dam age to growing crops, by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16.and such party shall be entitled to the insurance proceeds,if any. 841007 • 19. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or'tendered when due, or if any other obligation hereunder is not performed as • herein provided.there shall be the following remedies: • (a) IF SELLER IS I$DEFAULT,(1) Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (b) IF PURCHASER IS IN DEFAULT.(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, ir. the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 20. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys'fees. ' 21. Additional provisions: ' • • • 22 lithis proposal Is necepird by Seller in writing and Purchaser receives notice of such acceptance on or before December _ 10 tSS 3•' , this instrument shall become a contract between Seller and Purchaser and shall 'inure o the benefit of \the hut. successors and assigns of such parties,except as stated in paragraph 8. -�i.&.j. l.( I, I `r ` ( .,l —u"`Y Broker Rag Larson Realty _ l. , Purchaser Delbert W. Reiahel s- !ii . ,,,,.,.-. ° sr!!.'��r_' �� By: (--.Q-----)' C 4' n.�, Y"rchanr 'Guylene L. Reidhel ' / Data .ymond F. Larson Purchaser's Address •w'J.C,�C'S M r 1y si`%2 �ct-ea r�r y/ / L-': Icy �('' ( �� (The following section t he completed by Se.!er and Listing Agent) 23. Seller accepts the above proposal this �1 day of A 3-"e_) , 18!j 2y1,'�and agrees to pay a commission of —5 Se of the purchase price for services in this transaction, and agrees that, in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. I • !t.lr_ Seller f�Q.) ..0 / , Seller's Address , ' Listing Broker's Name and Address Ray Lnr qn Realty 1002 31st Avenue Greeley, Colorado 841007 RECORDED EXEMP, ,ON N° II FD. TOwn. I I i..0-3d-farm.- ii ACCESJ ROAD SCALE; I"=400 C I0'q lb FE“01 s 5/Z 5i44. See. 17, T.(oN., R(o4W LOT ' ei' = 74.(0 t ACRES I 0 N 0I-2d ACCESS ROAD LOT'A' CONTAINS 6.072; ACRES _ N.9000'oo°w. 662.31 to- WC Sit (�2.SI' if y Corn.. N.90 odon't. 5, PE Rculf. ,STATE NWY. 392 TROIS.. N /� �� a- .90•oob0'E. 241.3.8C. :, jest,... ; �"5NOTES: - LOT 'A' = G.I + ACRES • LOT 'A' INCLUDES NON-LOCATED, LOT '8'_ 14.6* AORES NON-RE CORDED EA&EMENT FOR TtsfAlr. . O0.7± MRE5 WATER 5ER.VICE TO UOLS .. -- • LOT tea: INCLUDES 0.4(o AL'2ES _ OF R[&D R.O.W. OWNERS 7 8 9 . ., ., D6LJ5ERT W. t6LM ENE L. REICNEL WCR 70 •: ` 25509 WWY 392 , , . t AciEFIFY, COLORADO 80631 z lb 17 16 • R1o4W tcsrtA` tLTTtB• ; I .:..ate. ' 20 21 tabs VICINITY MAP mss. a.• 841007 \ FREESE EIJGWEERJ1.1Ca — 1989-12fo `. ' RECORDED EXEMP`, .ON N° LEGAL DESCRIPTION The South Half of the Southeast Quarter (SASE') of Section 17, Township 6 North, Range 64 West of the 6th Y.M. , County of Weld, State of Colorado. LEGAL DESCRIPTION �S��� LOT ..A.. G� 1.0'. Part of the South Half of the Southeast Quarter (S'SE') of Section 1117, Township 6 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado being more particulary described as follows: Beginning at the South Quarter Corner (Sk cor) and considering the South line of the Southeast Quarter (SE's) of said Section 17 as bearing North 90°00'00" East and with all other bearings contained herein relative thereto: Thence North 90°00'00" East along the South line of the Southeast Quarter (SE') of said Section 17, 20.00 feet to the True Point of Beginning. Thence continuing along said South line North 90°00'00" East, 662.31 feet; Thence North 00°00'00" East, 399.36 feet; Thence North 90°00'00" West, 662.31 feet; Thence South 00°00'00" West, 399.36 feet to the-True Point of Beginning (T.P.O.B.) Said described parcel contains 6.072 acres more or less. ' SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision and that the same is correct to the best of my knowledge and belief. :� R F„.. itt e t- JASPE EES 4. Color do .E. 4 L.S *tY 24439;? 43 9 2 PROPERTY OWNERS' APPROVAL J?1a Sri p We, Delbert W. and Guylene L. Reichel, being the sole owners in fee of the f remm s odl cribed property do hereby subdivide the same as shown on the attached map. Delbert W. Reichel /.4id e L. Reichel 4L4 The foregoing certification was acknowledged before me this 3I3t day of J A raOlk Y ' 1984. Witness my hand and seal. My Commission expires: 10/224.1 $(p . SifiLt Not y Public 303•' 'i514 - 32141 BOARD OF COUNTY COMMISSIONERS CERTIFICATE The accompanying plat is accepted and approved for filing. , CHAIRMAN ATTEST: l� Board of County Commissioners County Clerk: lea bein cl. y . nit.Ty,_. e....4 414-____,,....., ,. ,, , .. Dated: c2/4,77' / 77e ,r-37 c='..;;;,-c. . Y 841007 Hello