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Home My WebLink About20061852.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING RECONSIDERATION OF RECORDED EXEMPTION #4414 -ALBERT AND ROBIN PEREZ, CIO TREVOR THIEL 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,on June 26,2006,the Board denied the request for Recorded Exemption#4414 submitted by Albert and Robin Perez, 1330 71st Avenue,Greeley,Colorado 80634,c/o Trevor Thiel, 826 9th Street, Suite 200, Greeley, Colorado 80631, for property which is located in part on the following described real estate, to-wit: Lot B of Recorded Exemption#1312;being part of the NW1/4 of Section 9, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on June 28, 2006, at the request of the applicants, the Board deemed it advisable to reconsider the matter on July 10, 2006,when representatives from the Weld County Department of Planning Services and the City of Greeley would be present to discuss the matter further, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board,that said parcel of land,to be divided into two parcels estimated to be approximately 21 acres and 2.5 acres, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit"A,"said plat to be recorded and known as Recorded Exemption#4414,does not come within the purview of the definition of the terms,"subdivision"and"subdivided land,"and NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners 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 Recorded Exemption#4414 by Albert and Robin Perez, do Trevor Thiel, is, approved conditional upon the following: 1. AWeld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,"Domestic Use Only,"etcetera. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 2006-1852 RE4414 (� P� , F}PPS, RE' Ds-pa -04e' RE #4414 - ALBERT AND ROBIN PEREZ, C/O TREVOR THIEL PAGE 2 3. Topographic or physical features of proposed Lot A, such as ravines, ditches, streams, etcetera, may limit the area available for a new or replacement septic system. Prior to recording the plat, the Weld County Department of Public Health and Environment recommends the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system, the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0595-09-02 RE-4414. B. Lots A shall use the existing residential access, as no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all-weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present, and shall be a minimum distance of 75 feet from any intersecting county or state roadway. C. Lot B shall use the existing agricultural access, as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. E. Weld County Road 29 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet from the centerline of Weld County Road 29 shall be delineated on the plat as future Weld County Road 29 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. F. The applicant shall attempt to address the requirements and concerns of the Milliken Fire Protection District, as stated in the referral response dated April 18, 2006. Evidence of such shall be submitted, in writing,to the Weld County Department of Planning Services. G. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. 2006-1852 RE4414 • • RE #4414 - ALBERT AND ROBIN PEREZ, CIO TREVOR THIEL PAGE 3 H. The applicant shall do one of the following: 1) The applicant shall submit a signed and recorded annexation agreement with the City of Greeley to the Department of Planning Services; OR 2) The applicant shall submit a signed annexation agreement between the applicant and the City of Greeley to the Department of Planning Services for recording. Any floodway boundaries, as delineated per Flood Boundary and Floodway Map Panel 2 of 14 (Community Panel Number 080266 0002), shall be indicated on the plat. J. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) All construction or improvements occurring in the floodway, as delineated on Federal Emergency Management Agency Flood Boundary and Floodway Map (Community Panel Number 080266 0002), shall comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3,of the Weld County Code. No development shall occur in the Floodway District,with the exception of agricultural exempt buildings as defined in Chapter 29 of the Weld County Code. 2006-1852 RE4414 • • RE #4414 -ALBERT AND ROBIN PEREZ, C/O TREVOR THIEL PAGE 4 5) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity, and dependability. 8) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) Should noxious weeds exist on the property,or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 12) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 2006-1852 RE4414 RE #4414 - ALBERT AND ROBIN PEREZ, C/O TREVOR THIEL PAGE 5 13) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. 14) Effective August 1,2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 15) Prior to the release of building permits on Lot B, the lot owner shall verify with the nearest municipality or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line, and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 16) Weld County's Right to Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 5. The applicant shall submit two(2)paper copies of the plat,for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the of Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005, should the plat not be recorded within the required sixty(60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2006-1852 RE4414 RE #4414 - ALBERT AND ROBIN PEREZ, C/O TREVOR THIEL PAGE 6 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of July, A.D., 2006. . ,' BOARD OF UNTY COMMISSIONERS \\A WELD CO TY, COLORADO ATTEST: a t `-‘ Weld County Clerk to th Uaf , N F4,r roe ,' David E. Long, Pro-Tern BY: Olt' i i hit " _ / Depw Clehe Board F" William HI jerke AP AS TO FO Robert Mas�e- nfy ney -t4- tie 1� GleennUn/tVaad Date of signature: 7/3i la(' 2006-1852 RE4414 • June 26, 2006 Weld County Commissioners 950 10th Street Greeley, CO 80631 Re: Proposed Recorded Exemption on 24 Acres, aka 1330 71s`Avenue, Greeley, Co. Dear County Commissioners, We are asking the county commissioners to please reconsider our request for a recorded exemption on our property at 1330 71st Avenue. We have a job related transfer out of state and my husband is presently commuting from Wisconsin. We have signed a contract on a home in Wisconsin that is scheduled to close on July 14,2006, and have a contract to sell our home at 1330 71st Avenue, pending the outcome of the Recorded Exemption. Our entire 24 acres are listed with On Land Company for sale but,three different Real Estate firms all agreed that the house should be sold separate from the balance of the land for future development. The denial of the Recorded Exemption has placed a great financial burden on our family to close on our home in Wisconsin without executing the sale of our home on 71st Avenue. For sixteen years we have left our property in an agriculture setting and managed it with the utmost care as requested by the county commissioners in 1990 when we purchased the property. Now we are requesting your cooperation to help us in making our property more marketable by granting us this request. The city has two main oppositions to this Recorded Exemption request. The first is access,which can be remedied by utilizing the existing access to the property until the 16th Street roadway is constructed. The second opposition is the water,which could be serviced by a domestic well until which time development occurs. By granting the Recorded Exemption we can accomplish our moving objectives and the city can have everything it needs for future development of this area. Your reconsideration into this matter is greatly appreciated. Sincerely, Albert and Robin Perez • 1 \ �(A,y1 l-- �`�--_1` ,La9b- jB;,71- '"• I DEPARTMENT OF PLANNING SERVICES C�Wi`g RECORDED EXEMPTION ADMINISTTRATIVE REVIEW COLORADO PLANNER: Chris Gathman HEARING DATE: June 26, 2006 CASE NUMBER: RE-4414 APPLICANT: Albert& Robin Perez do Trevor Thiel— Orr Land Company ADDRESS: 826 9th Street, Suite 200, Greeley, CO 80631 REQUEST: Two-Lot Recorded Exemption LEGAL DESCRIPTION: Lot B of RE-1312; Part NW4 of Section 9, T5N, R66W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0959 09 000083 PARCEL SIZE: +/- 23.5 acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: City of Greeley Lot B: Proposed Well SEWER SOURCE: Septic system The Department of Planning Services' staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld County Code: A. Section 24-8-40.E— The proposal is consistent with the policies and goals of Chapter 22 of this code. UGB Policy 1.1 states: "The county recognizes that municipalities can and should plan their own future in terms of the nature and rate of growth." The proposed recorded exemption is within the urban growth boundary of the City of Greeley. The City of Greeley is in the process of annexing this property and the City of Greeley's referral dated May 2, 2006 states that"planning staff strongly recommends that this RE for two lots be denied." This recorded exemption application meets all other criteria of approval outlined in Section 24-8-40 of the Weld County Code. 2006-1852 Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The Applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0595-09-02 RE-4414 B. Lots A and B shall share the existing residential access, no circle drives or additional accesses shall be granted. A 30 foot wide joint access and utility easement, extending across Lot A for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. C. All approved accesses shall be clearly shown on the plat. D. County Road 29 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet from the centerline of County Road 29 shall be delineated on the plat as future County Road 29 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right- of-way and the documents creating the right-of-way. This road is maintained by Weld County. E. The applicant shall attempt to address the requirements (concerns) of the Milliken Fire Protection District, as stated in the referral response dated April 18, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. G. Any floodway boundaries as delineated per Flood Boundary and Floodway Map Panel 2 of 14 (Community Panel Number 080266 0002) shall be indicated on the plat. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) All construction or improvements occurring in the floodway as delineated on Federal Emergency Management Agency Flood Boundary and Floodway Map (Community Panel Number 080266 0002) shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. No development shall occur in the Floodway District with the exception of agricultural exempt buildings as defined in Chapter 29 of the Weld County Code. 5) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 8) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-build able if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 11) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 12) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 13) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 14) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 15) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, ArcInfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsQco.weld.co.us. 8. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. • • iZE L/11/Li Plat Checklist POC Planner Item Comments Check Check --- Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet ii----- Lettering No stick-on lettering / Minimum 8 pt. lettering L------ ..--- Boundaries of Lots i.------ Scale Suitable Scale?(1"=200'or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled,including e r� 1f krzi �� R.O.W r ax. v n .,Pron.' ' -qt aL Nn Building Envelope(s) N /A Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval 62LA cs9- / 1 t • \ 1/ -ro-GQS. Q 1. }yag-S . Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. C/ Surveyor's Certificate and All surveyed plats v Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE,SE, SPR,Final PUD if Certificate Staff Approved) ///�� Planning Commission (USR,COZ,Minor Sub.Final) * 1� Certificate Iv Board Certificate (USR, COZ„Minor Sub Final) O tiS (Final PUD,RE, SE&ZPMH if Board approved) ^3"\15 50°1,3 Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) AN I VA Easements � (CA 1 Please return the plat to the CAD Technician within 24 hours of receiving the plat. + 'M s 5 (ivm oNN✓1L. Mme. Planner on Call: (Initials) ?Lk-_ ea i U+ sk._ 1 1--04efrferd WIT)7-Od1"' Planner Signature: Date: 'D I01z5lux3cc, Page 1 of 1 • • Chris Gathman From: Chris Gathman Sent: Wednesday, October 18, 2006 11:54 AM To: Trevor' Subject: RE: RE-4499 comments Trevor, I got some further clarification on the road ROW issue. I spoke with Public Works re: the future ROW for 71st Avenue. 71st Avenue is still under County jurisdiction (until and if the annexation is approved). As a result— Public Works is the future ROW line at 70-feet from centerline vs. 60-feet from centerline as requested by Greeley. Also, the Planning Staff certificate should be replaced by a Board of County Commissioners Certificate (it was approved by the Board and not by Planning staff). The only two remaining items I had to be submitted was a letter address Milliken Fire District referral comments and an updated certificate of taxes. The paper plat will be available to be picked up at our front desk. Sincerely, Chris Gathman From: Trevor [mailto:trevor@orrland.com] Sent: Wednesday, October 18, 2006 10:25 AM To: Chris Gathman Subject: RE: RE-4499 comments Chris, Is the Perez plat ready for pickup? Also, after you approve the mylar can I take it for recording or do you have to? Trevor Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Thursday, October 05, 2006 7:45 AM To: trevor@orrland.com Subject: RE-4499 comments Let me know if you have any questions. Chris 10/18/2006 DEPARTMENT OF PLANNING SERVICES a it) NORTHOFFICE 918 10Th Street REE6 G CO80631 353-61 0 PHONE: (970) REEL00, Ex t. 3540 FAX: (970) 304-6498 I C. COLORADO April 13, 2006 Albert Perez do Trevor Thiel 826 9th St. Ste. 200 Greeley CO 80631 Subject: RE-4414 -A Recorded Exemption located on a parcel of land described as Lot B of RE-1312; Pt NW4 of Section 9, T5N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Greeley at 970-350-9780, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T"STREET GREELEY,CO 80631 PHONE: 970-353-6100, EXT. 35401 FAX: 970-304.6498 Date: Ac \4 20 CY0, Receipt No. ; ,.__ 1 3 3 5 5 Received From: A\1'c-r Permit Type No. Description Fee 42211-RE/ E ',. `- t�,ttl, -'� z_x�.c- 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. I, ;__; 11 , Li JCASH CHECK NO. - "< ff TOTAL FEE ; . / I / Receipted By: . • .OL# • • FIELD CHECK inspection date: (D/!o/o(.o APPLICANT: Perez CASE #: RE-4414 REQUEST: LEGAL: LOCATION: l/f PARCEL ID #: ACRES: 11 Zoning Land Use riatN s,c4S4 N Agricultural E 'PQst 1 t-\ E Agricultural S Agricultural W 2s;rQo.:ttcS W Agricultural COMMENTS: 1 cass � a acts s w1 c-c_s, A-o--- ccxo br-- C.3 Signature Signature H - House DV- Derelict Vehicles D - Ditch O - Outbuilding NCJ - Noncommercial Junkyard A-Access to property IS - Irrigation Sprinkler W - Wetlands MH - Mobile homes OG - Oil and Gas structures Note any commercial business/commercial vehicles that are operating from the site. Note if there is a site distance problem with the access ' " l, APPLICATION FLOW SHEET Wi�Dc. COLORADO APPLICANT: Perez CASE #: RE-4414 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B of RE-1312; Part NW4 of 9-5-66 LOCATION: West of and adjacent to 715'Avenue; Approximately 1/4 mile south of 10th St. PARCEL ID #: 0959 09 000083 ACRES: +/- 23.5 acres Date By Application Received 4/11/06 Application Completed 4/12/06 Referrals listed 4/12/06 CG Vicinity map prepared File assembled *sloe LYY-) Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff (a/fO Administrative Review decision: 1--)'7-1•4'(c9 �JCC (p'Z, oL es--Cansi, -4,frperciata '-7IIO/O(o Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed 16%16"O1 Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X Flood Hazard Yes_X_ No Panel #080266 Road Impact 00 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 095909000083 (12 digit number—found on Tax I.D.Information,obtainable at the Weld County Assessor's Office,or www.coAceld.c(1.us.) Legal Description Lot B of Recorded Exemption RE-1312 , Section 9,Township 5 , North,Range 66 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes x No Is this parcel of land,under construction,the total contiguous land owned by the applicant? Yes x No FEE OWNER(S) OF THE PROPERTY Name: Albert R. &Robin Perez _ Work Phone# Home Phone# 35.24#34o Email Address: Address: 1330 71a Avenue City/State/Zip Code: Greeley, CO 80634 APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany applications signed by Authorized Agent) Name: Trevor Thiel Work Phone# 970.351.8777 Home Phone# 970.978.0800 Email Address: trevor@orrland.com Address: 826 9th St Suite 200 City/State/Zip Code: Greeley, CO 80631 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Water Tap Proposed Well Type of Sewer Existing Septic Proposed Septic Proposed Use Residential/Ag Residential/Ag Acreage 2.5 21 Existing Dwellings? If Yes,list address If Yes, list address If Yes, list address If Yes, list address below:1330 7151 below: below: below: Ave. Greeley, CO *If the property is vacant or unimproved,write proposed water source and proposed sewer system for each parcel in the blanks above. For example.if a well and septic is proposed stated: proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# IS CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 095909000083 (I2 digit number—found on Tax I.D.Information,obtainable at the Weld County Assessor's Office,or yVwwso.a eldcu.us.) Legal Description Lot B of Recorded Exemption RE-1312 , Section 9, Township 5, North,Range 66 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes x No Is this parcel of land, under construction,the total contiguous land owned by the applicant? Yes x No FEE OWNER(S) OF THE PROPERTY Name: Albert R. &Robin Perez Work Phone# Home Phone# Email Address: Address: 1330 71" Avenue City/State/Zip Code: Greeley, CO 80634 APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany applications signed by Authorized Agent) Name: Trevor Thiel Work Phone# 970.351.8777 Home Phone# 970.978.0800 Email Address: trevor@orrland.com Address: 826 91h St Suite 200 City/State/Zip Code: Greeley, CO 80631 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Water Tap Proposed Well Type of Sewer Existing Septic Proposed Septic Proposed Use Residential/Ag Residential/Ag Acreage 2.5 21 J Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below:1330 7I5' below:/L , � below: below: Ave. Greeley, CO /I3� %/ zl ppV (,121 ~ *If the property is vacant or unimproved,write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed stated: proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date l Perez Recorded Exemption Questionnaire 1. A. Domestic Water Supply Lot A has a water tap which serves the existing improvements. Lot B will be served by a water tap. B. Irrigation Water Supply Lot A will not have irrigation water. The existing share of Greeley Loveland Irrigation Company will remain with Lot B. 2. Lot A has an existing septic system. A copy of the existing septic permit and appropriate copies are included with the application. Lot B will have an engineered septic system designed, constructed and permitted according to Weld County ISDS requirements. 3. The parcel has one home, one horse barn, one open faced shed and one outbuilding. The vacant ground is currently used for hay production and pasture for 3-6 horses. The vacant ground is currently planted in a grass/alfalfa mix and is flood irrigated by the share of Greeley Loveland Irrigation Company water. 4. Lot A will be approximately 2.5 acres in size and will be located east of and adjacent to 715` Avenue and the north boundary of the property. It is being created to be sold as a single family dwelling. Lot B will be approximately 21 acres in size and is being created to be sold as a single family dwelling site. 5. A lateral ditch runs east and west across the south boundary of the property. 6. No building envelopes. 7. There is no business or use by special review permit on the property. 04/05/2006 21:27 9703517851 ORR LAND PA(±. Ell •! •• April 6,2006 We, Albert&Robin Perez,authorize Trevor Thiel of Orr Land Company to complete the recorded exemption for our property at 1330 71"Ave Greeley,CO 80634. c -T6tari_ Chibert erez Ro in Peru &--------- • Report Date: 04/06/2006 10:32AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0130091 ASSESSED TO: PEREZ ALBERT R& ROBIN 1330 71 AVE GREELEY, CO 80634 LEGAL DESCRIPTION: PT NW4 9-5-66 LOT B AMD REC EXEMPT RE-1312 (.12R)SITUS: 1330 71 AV GREELEY 80634 PARCEL: 095909000083 SITUS ADD: 1330 71 AV GREELEY TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 1,303.12 0.00 0.00 651.56 651.56 TOTAL TAXES 6 1-56 GRAND TOTAL DUE GOOD THROUGH 04/06/2006 651.5 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2820- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 299.47 AGRICULTUR 6,440 1,860 SCHOOL DIST#6 41.129 688.09 AGRICULTUR 4,468 1,300 NCW WATER 1.000 16.73 AGRICULTUR 170,501 13,570 MILLIKEN FIRE 6.605 110.50 MILLIKEN FIRE (BOND 2011) 0.159 2.66 TOTAL 181,409 16,730 MILLIKEN FIRE(BOND 2024) 1.043 17.45 AIMS JUNIOR COL 6.357 106.35 WELD LIBRARY 3.281 54.89 WEST GREELEY CONSERVATION 0.417 6.98 TAXES FOR 2005 77.891 1,303.12 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Sign efl /J�� Date: • REFERRAL LIST Name: Perez Case#:RE-4414 • County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 z Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 z Code Compliance_S.-Ann_N-Beth _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest Mountain View F-10_ _Ambulance Services z Greeley z Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead _Wiggins F-18 _ _Milliken Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties z Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- _ _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) _Federal Communications Comm • REFERRAL LIST • Sling Name: 9.71:7- Case#: F£ —I County Towns & Cities Fire Districts _Attorney _Ault Ault F-1 X Health Department _Berthoud Berthoud F-2 Extension Office _Brighton Briggsdale F-24 Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton Eaton_ F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 _Building Inspection ►►11 _Fort Lupton Johnstown F-8 X Code Compliance 4$-Ann _N-Beth _Frederick _LaSalle F-9 _ Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 Lin (Addressing Change of Zone) Gilcrest X Milliken F-11 _Ambulance Services Greeley Nunn F-12 Grover Pawnee F-22 State Hudson _Platteville F-13 Div. of Water Resources _Johnstown _Platte Valley F-14 Geological Survey Keenesburg Poudre Valley F-15 _Department of Health Kersey Raymer F-2 Department of Transportation _LaSalle Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont _Wiggins F-18 _Oil & Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer Legal _South Hwy 66 (Loveland) _Northglenn Parcel ID _North Hwy 66 (Greeley) Nunn Zone Acres? _Division of Minerals/Geology Pierce_ USDA /3 _Platteville Airport O Soil Conservation Districts _Severance Geo Haz NO Big Thompson/FTC _Thornton FP? X Panel # _Boulder Valley/Longmont _Windsor IGA? NO ORD Brighton/SE Weld MUD? No _Centennial Counties )( Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs _School District RE- _USDA-APHIS Vet Service Central Colo. Water Conservancy Dist _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist (MUD Area) _Federal Communications Comm _ • Commissioner • f a • • lot County Referral April 13, 2006 Willie �U APR 1 4 COLORADO q The Weld County Department of Plann N D CDUfdihaFsD 2C�iv � ��b ing item for review: Applicant Albert & Robin Perez Case Number RE-4414 Please Reply By May 12, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot B of RE-1312; Pt NW4 of Section 9, T5N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to 71'Ave; Approximately 1/4 mile south of 10th Street. For j a more precise location, see legal. Parcel Number 0959 09 000083 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature xx St'?" s- 3 - D C.- Agency 7 ?,. i (Jo-,, Gy Date +Weld County Planning Dept. +918 10th Street Greeley,CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax • • J x atic'H>I6 Weld County Planning Department GREELan OFFICE MEMORANDUM MAY I () Z0n6 R CE VE WEIJDr TO: Chris Gathman, Planning Services DATE: May 4, 2006 • COLORADO FROM: Donald Carroll, Engineering Administrator SUBJECT: RE-4414, Albert & Robin Perez The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 29 (71st Avenue) is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: The applicant shall utilize the existing residential access to this parcel. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional private residential accesses shall be allowed onto roadways classified as arterial. A parcel shall share the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent public non-arterial roadways. The applicant shall complete a Weld County Road Access Information Sheet. pc: RE-4414 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4414 • • 141eMety Planning Department ri GIREELEY OFFICE TO: W.C. Planning, Chris Gathman MAY 1 0 2006 DATE: May 8, 2006 .CEIVED wine FROM: , EH Services, Deborah Blandin COLORADO CASE: RE- 4414 APPLICANT: Albert & Robin Perez Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. Rpr` 18 06 09: 59a Rdmin 970-587-0260 p. 2 • • f � �, Referral 1111 g Weld County C. April 13, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Albert& Robin Perez Case Number RE-4414 • Please Reply By May 12, 2006 Planner Chris Gathman • • Project Two Lot Recorded Exemption • Legal Lot B of RE-1312; Pt NW4 of Section 9, T5N, R66W of the 6th P.M., Weld County, !, Colorado. • Location West of and adjacent to 7121 Ave; Approximately 1/4 mile south of 101h Street. For a more precise location, see legal. Parcel Number 0959 09 000083 The application is submitted to you for review and recommendation, Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application; please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: ?/cesc for...,✓ -I.4 .c/Jress ,-V Co'- B o-.cc it peas dee.0 cd h.,,w.'c.D ..iaelat Ov. /Y1</r Signature y-/ii-o6 Agency kr,0 e.ca Date -'rWeld County Planning Dept. +918 10'Street Greeley,CO.80631 C.(970)353-6100 ext.3540 +(970)304-6498 fax • • fly QQII Referral Weld County PlanningWrA County e ICREELEY OFFICE C. APR 2 4 2006 April 13, 2006 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Albert & Robin Perez Case Number RE-4414 Please Reply By May 12, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot B of RE-1312; Pt NW4 of Section 9, T5N, R66W of the 6th P.M., Weld County, I Colorado. Location West of and adjacent to 71'Ave; Approximately 1/4 mile south of 10' Street. For k a more precise location, see legal. Parcel Number 0959 09 000083 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. a See attached letter. Comments: Signature � \\ —or, Agency W� Date .•Weld County Planning Dept. ❖918 10th Street Greeley,CO. 80631 :•(970)353-6100 ext.3540 ÷(970)304-6498 fax - Applicant : AIb?rt & Robin Pere Planner : Chris Gathman Case : RE -4414 ' ' / , x . , C"ii l (1 .---7 V(2 j'c /\.\ K i / �_ _ (\ . d 2____ _s_ - imi :\_______ ., . \ i . . ill \ ''' r. _ .. . . i . , . _ ...___ __. .. ( 1- 1 1 - _. _. , . 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N o � � c c- O 3 .3 E in U) _Coa>i O) O) a) m -Ocncncoun I- Cl) +- o cr) ca = 3 ° r E' U O ' -�' c C N ''-' (p cn O inn U) D U U) a) -a -cm a) � � � o0 O N c0 x o .a' ..2) .rn E >, 0 a. ch w u E- E w M C O L o vi- am 1.6 o ax) COE m m o c >' a) o• - = 'DJJJ o O N 1 % L o O 0! Q U - (° u) c1°nv) Wit jai a c i N W U -c w CO m -O Z w TD c .n - 0 0 0 0 0 c con o- a) a) a (900 o Z N OOOO .-e- 4i,1 o1O V a) ' C O v n 12 a) .' L o CO Q. ea g ', win o ..O < O- co F- D � • �• 41141 Weld County Planning CE Referral GREELEY OFFICE Id County Re MAY 0 5 2006 tuGRECEIVED April 13, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Albert & Robin Perez Case Number RE-4414 Please Reply By May 12, 2006 Planner Chris Gathman Project Two Lot Recorded Exemption { Legal Lot B of RE-1312; Pt NW4 of Section 9, T5N, R66W of the 6th P.M., Weld County, Colorado. Location ? of and adjacent to 71s'Ave; Approximately 1/4 mile south of 10'" Street. For a more precise location, see legal. Parcel Number 0959 09 000083 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. gSee attached letter. Comments: Signature Q - 0 -O,6 Agency / Date ❖Weld County Planning Dept. 4.918 10'"Street Greeley, CO. 80631 ❖(970)353-6100 ext.3540 O(970)304-6498 fax • • OFFICE OF COMMUNITY DEVELOPMENT City of Planning Division Greeley 1100 10th Street, Suite 202, Greeley, Colorado 80631 • (970)350-9780 • Fax(970) 350-9800 •www.greeleygov.com May 2, 2006 Chris Gathman Weld County Department of Planning Services 918 10111 Street Greeley, CO 80631 Subject: RE-4414 Mr. Gathman: Thank you for the opportunity to review this two-lot recorded exemption. The City of Greeley Planning staff has reviewed the application for a recorded exemption from Albert & Robin Perez, located east of and adjacent to 71"Avenue; approximately '/4 mile south of 10t11 St. and wish to forward the following comments: This property is currently under review for annexation into the City Of Greeley. This annexation process is anticipated to be completed by the end of the summer. The information concerning how water will be supplied to these properties is inconsistent. The RE application states there is a water tap on Lot A and a proposed well on lot B, the applicants' narrative states there will be a water tap on both lots, which is it? How will lot B be accessed? The plans do not show any access for lot B. Currently there is access to this property along the north edge, will this access be used for both lots? Will there be a cross access agreement or access easement? The planning staff strongly recommends that this RE for two lots be denied. If Weld County decides to approve this Recorded Exemption it is suggested that the appropriate setbacks under the applicable zone should also be maintained within the subdivision. Also, sixty (60') of right-of-way should be maintained along the property adjacent to 71st Avenue. 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I. , r +fl t.•y Ai • .� __ • n r 1 _ _ `M• r4 - v --lel 'r w • - . • s�• fit.- - !if ` • .-^,? >f r ! _ " • k 1` { -r -� t Tln •. 1 at.� _ rr r..5.f• Sri ,••••• •'" - er , ce. -w - ,, T;.- • ad + 1 J • • 1. llr`� I.F. • w G I • �'F y l w: • w. • r •� - ` r. a Ye J► r iltrbah.• . Ir14C r/'L Y .q •J_, . i.t ��1 pp• )- :! .w' » _ p, ,, ` �' �'j`1•,,� • ,,� �I b 11� ITw�▪ •4. •.►.n. r� ?• a ' �. . '` ,s" } .r5 R . ' I.1`I - ,' Il• xis,ils:r1 . :-. i . I 0171 POI 1. - ---al --re .43I*1' • • a "'Ili* law A . .�qiY _ aw ___+.+.reorrrrs.rr+•v-•_:,r__w,•,a..r ..-...vur>-4rrare ........s• - - ? _• _ y _ _' 1Y • I . liglit 11 , ) .. _ _ _ _. . _k ! .77 / . . ) i i ZDe/ �f de I - , . . ilr\----(Haatetit M - _ . Ilir I1 II II n I I n . I! Ii H iI . I► i , • . R • • (I . . / (17.1‘.. i ... . al _ -. 10th Street (ki. " • '' .9fir,r- 1-• , : — —i• : -TT 1 rt sr ; 1,f - -... • , 1 • ?� ;,r.r� y 1. - -• _.. . ---....Tit ,t I -1• 1� t j INS "�— t . 'a -� 1 j til a p �fl • tl�` - .alle . -• is.....,....eirCialiellega ._.. -- - .aminianiltrS 1• if... • • ' `I . . .. t 6 i . a a , lIl \----...______ . .i911"... : EM!' • it E, alla. . _ • , immil . , . , . . . . ... l - _ L__ . _ __. _15=ilivir.44. . i et I r• ...... y - ! WELD CO" ROAD ACCESS INFORMATION3HEET • Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE# : n Other Case #: 1. Applicant Name Albert I' and € 6,'4 Prr2 Phone Address 1330 7/s/ Ave City 6-ce fry State (0 Zip 50‘37 2. Address or Location of Access /3.30 7/s-r A vc Section 9 Township .5 Range G6 Subdivision Block. Lot Weld County Road #: 7/4-1 At Side of Road re,St Distance from nearest intersection y 3. Is there an existing access to the property? Yes )( No # of Accesses 4. Proposed Use: ❑ Permanent Residential/Agricultural 0 Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural L__ RES = Residential O&G = Oil& Gas /04A S D.R. = Ditch Road D = House O = Shed A = Proposed Access = Existing Access Ni r OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date • Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: • • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Perez The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: See attached exhibit "A" CONVEYANCES (if none appear, so state): "'Reception No. 1508142 , Book 586 Reception No. 1670148 , Book 748 "Reception No. 1687206 , Book 765 ',Reception No. 2235007 , Book 1284 Reception No. 2235379 , Book 1284 "Reception No. 2235753 , Book 1284 "'Reception NO. 2255493 , Book 1303 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 29`x' day of March, 2006 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY BY: WI l.' - - Wk z Kerri Allison Title Examiner f • • EXHIBIT "A" LOT B OF AMENDED RECORDED EXEMPTION NO. 0959-09-2-RE 1312, RECORDED DECEMBER 7, 1990 IN BOOK 1284 AS RECEPTION NO. 2235379, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. U {r,' I'll it I, �,II- � i; , i �.i{lIIll�l. I Ail, t e1 f✓ eK � SEP z5 W a ` 1 a ea le .M ewe/red ..'''''l..7.'„,.::,,...1 =� 1111�1111i�@. i sa, c',4;?‘)-14-.. uoM ALL Nall BI TENS PRISM'S, That IRAN DLSON and BOO A. h th' { '� fi', y a DIMON, of .he County of held and State of Colorado, for th• ¢' ,,, , f ,N , fn, tli consideration of OTHER 000D AND vILDl/b3 CONNSIDNRATIOIS and INN " V �,▪ . DOLL►R$ ($10.00) in hand paid, hereby sell and convey to LOIS C. F✓ ` < NoCLOUSY, of the County of Weld end State of Colorado, the follow k ' . ing Pea Property, situate in the County of WILD, end the State L ° a . of Colorado, to-wits • ( . The Northwest Quarter ( ) of Section Nine (9), s Township Five (5) NorrthN.litL.. Sixty-six (66) e ". we West of the 6th P. M., together with four (4) 54 (;<,:, , shares of the capital stook of the Greeley Ian- ' .., ,, ga land Irrigation 0 i one (1) eighty (S0) acre l''' ^H water right in the oseLhd Greeley Benirnir, Wei evidenced by Contract No. 179; one-half (1/2) right E „.. o in the Deanery - Lateral Company; an =divided one- fourth (1/4) interest in and to tiled lateral { a from the Boomerang Lateral running North along the Y + Vii; o West side of the County Matt and the West side of + h t '. o Section Sixteen 16), TJOluhtp Five (5) North, ,a, :� , Pangs Sixty-six (66) West of the 6th P. N., and x, "6. ▪ ism across the County road to the Southwest corner of x p�^• the Northwest Quarter (11*) of said Section Sixteen . ,T� r• „ SA (16), an undivided one-fourth (1/4) Interest in and k. ' d, to the LateralDitch ruonleg along the West side of r ,.�. �„ a said Northwest Quarter (NYi) of said Section Sixteen a{ ? (16) to the Southwest Quarter (awl) of Section Nine 'ti' .x . S' (9), Township Five (5) North, Range Sixty-six (66) '. e * ( rF,. Wes of the 6th P. N. all oher :at:er, reservoirs, , v _4 ditch and lateral rights, rights of way and ease- d ` v+r seats, however evidenced, in anywise connected Vin. W therewith or used to Garry water to or from said �,� , above described lends; and also an allotment of 125 '* , Nom'' 'acre feet of Northern Colorado Water Conservancy h. a District water. xr `i , sr., Accepting therefrom and reserving unto the first parties, c'iv � Ivan Denson and Sarah A. Deacon, not as tenants in m a., -v*:. r common, but in joint tenancy, the survivor of then, ----- their assigns, and the heirs end assigns of such sur- ,' - '_ visor forever all the oil, gas and other minerals in ,-- r ,fi-t, and under or that soy be produced from the above des- 7 x` cribed lands. ++ 24. r f r ~ a Also excepting from said Northwest Quarter (NMI),r ` + a of Section Nine (9) rights of way for pnbl!a roads <.t ��"} I. • and irrigation ditches as are now constructed and L-.,-,,•14-' "W:j " :< � ,. located on said )aade, and also excepting four of - K 'V .F "`te •�+ the five parcels of property excepted in that Special p �'T +-'- *arrant; Deed recorded in Book 1011.tt Page 28 of the 9 t Y o c Weld County Records, the parcels berm excepted be- �.. ,N,,; 1 � -y s „� ins numbered as exceptions molar 2, 33, 4 and 5 in . fE" ,,t Mid desd. ., ( a' : Subject to liens arising by virtue of inclusion within the vr- - - r `; '�. Northern Colorado Water Conservancy District and tie West '}"';`,s + t" r: oreeley Soil Conservation District. ir- w a,A, 3. :k 3•asp y N 4'y°'iF' TaN �. 0 kG 1 ..„A t9 T I. A. { _ 1I El'I., Ili iD. I !c„ I. • J . . '4. 33. . S 9 C { ::;41:1:::::l' 'll, , i 7�'q ?, .� . a e �ad and d.li,.red j 8 hitr of , A. D. 995k. • 1 e T )2 71 (SEAL) " 7:16.r . t.• F t Y . STATE OP COLORADO ) lY a.. COUNTS 07 allD ) ' d . - !hia forasoing instrument was aobonitised batons spa this :,; ,, - - ieir_ dap of Dso.wb.r, A. D. 195k, b7 STAN DINOC and SAME A. 12111101. WITNESS q hand and official seal. f`: ': . salon expires Na 20, 1959. r7 a _ fr 5...,",,,j,%7/;.^..'.'„,. Fr • C . t. • • 'µt r. ` L (ii, - *0,-4 Recorded at f% o'clock M. SEP 1 719]5 4 748 Rece tion No. AE' 0148 S P s. 4f�?ISCIIc£JR_Her,nrdur. L ath ,mom. .- y ' KNOW ALL MEN BY THESE PRESENTS, That 1 77 LOIS C. McCIQSKEY , • , whose address is Greeley , County of Weld , and State of n h ' Colorado, for the consideration of ' r v ` E• Ten and no/100 DOLLARS <<, in hand paid, hereby sells and conveys to .'• CHARLES W. MEYERS and GLADYS A. MEYERS ° { whose address is Greeley , County of Weld and State of i d Colorado, the following real property in the County of WELD and n ,; _ I. �; State of Colorado, to-wit: ^ h ` 0 •p, A tract of land being a part of that particular tract recorded o x in the records of Weld County, Colorado. Reception #1508142 and [ r„ 9Y ' ' ' � $ located in the Northwest Quarter (Nh%) of Section Nine (9), Town- : ,4 4 i, i9•. :hip Five (5) North, Range Sixty-six (66) West of the 6th P.M., ' { �[ r eld County, Colorado, being more particularly described as 4 , , ,> '' - R ' ollows: Considering the West line of the NWS4 of said Section ci- n+, .:�2 to bear North 00°00'00" East and all bearings relative thereto, % - -WIP V .eginning at a point whence the West Quarter Corner of said Sec- • • = i'•'a !" $ ion 9 bears North 89'711'50" West, 30.00 feet; thence North• fx " 11 m ; ,0°00'00" East, 21.17 feet; thence South 89°11'50" East 212.00 feet; j! • '• h I hence North 00°00'00" East, 360.00 feet; thence North 89° 11' 50" • "' est, 212.00 feet; thence North 00° 00' 00" East, 525.79 feet; t; ' k thence North 87° 56' 50" Ens' 55.58 feet; thence North 69° 10' 10" QI East, 194.70 feet; thence Nor. 81° 37' 56" East, 380.89 feet; 5* ___ _• V thence South 83° 39' 00" East, 95.23 feet; thence South 55° 06' 55" , ir\ East, 194.62 Teet; thence South '9° 31' 28" East, 276.91 feet; r ',e d• : o thence South 00° 51' 30" West, 9:. ..14 feet; thence North 89° 11' 7-A ..4F 3 50" West, 1229.34 feet to the Poi, of Beginning, together with �i .";d',T' ,ii one and one-fourth (1 1/4) rights in the Loveland and Greeley .M< r '. , Reservoir as represented by Contract No. 145 for one-fourth right ' +r,0 wz' i -r", I. and Contract No. 179 for one right, together with all other ditches, I*N�;y�yt , -,4 ditch rights and rights-of-way appurtenant thereto; EXCEPTING and "�'� V RESERVING unto the Grantor herein an easement for right-of-way for . cr y I a ditch and roadway across the South fifteen feet (S 15') of the r �• F above described property and EXCEPTING and RESERVING unto the A • a �Grantor herein all oil, gas and other minerals, not including sand � ,..#,C iV` and gravel, lying in and under and that may be produced therefrom ,II, + which are presently owned by the Grantor; _$, §- '� •- ,-' with all its appurtenances and warrants the title to the same, subject a :t €#I,!- io to inclusion within the West Greeley Soil Conservation District; to � i«'�t } "'. easement for road-way and ditch right-of-way across the South fifteen , G.; . ; - ay feet (S 15') of said property; to right-of-way for outlet or inlet f r ditches for the proper operation of Sheep Draw Reservoir as granted s it ,h. ° in Deed recorded in Book 153, page 224 and in Book 169, page 33 of the Xt", an Weld County Records; to previous mineral reservations of record; to •x',.? ` ,•r° "' right-of-way for county road purposes as granted in Deed recorded in •fr , ^ . o Book 86, page 273; and to the 1973 taxes, payable in1974. a`r ;"- ,V [. o SIGNED this 1st day of January ,A.D. 1975. terl5 ." { I : • ` 7 Lois C. McCloskey �' �o !, ate'. ST C RADO ) ss: -,rz,K . 4 t? J.WELD ) , h Ai'' ] ' 1efforegoing instrument was acknowledged before me this Srd 't„ ,4 t4 '. ' of.', ", .July , 1975, by LOIS C. McCLOSKEY. ,.•� ,¢ .4'..._ __ J. r; `,S�• �W>�4'1¢renS my Hand and Official seal. k- VEMI ,Commission expires: r / lk,'{- . 'in •vk Notary giablic. \- ., t 4 i rr �,. i � I I •I Th. I i 1.1 ` ++e. -J . 1 I 'TI1 J 17 °�'I 1�� „ I" • r • , , . � ' Jj k , }, i Jr • n t 0 WOK s� o'clock M.,... APR 29,1976 $ i cR 765 Recorded at 1.5 C?V 1 I:,. !" 66'7208 s. LEE SMEHte, lit. Recorder. ' lk' d Reception po. ..,_„ .i p i -- Reterder'e Stamp balk I I THIS DEED, Made this 20th day of April II II:, fl . i 19 76 between CHARLES W. MEYERS AND II 01 {!a , — GLADYS A. MEYERS, i i4 e•yi husband and wife Ill 1 ^i of the County of Weld ,State of f t ii • Colorado,of the first part,and --1, .P; Iii CHARLES W. MEYERS AND GLADYS A. MEYERS .`c I- of the County of Weld and State of i t,r co Colorado,of the second part: t. .o I •WITNESSETH,That the said parties of the first part,for and in consideration of the sum of II 1 r 0 other valuable consideration and Ten DOLLARS IliH t , t` of the second part —, to the said part ies of the first part in hand paid by the said parties , the receipt �,,,II• � 1 .-t whereof is hereby confessed and acknowledged,ha ve remised, released,sold, conveyed and quit yi lit J r) claimed,and by these presents do remise,release,sell,convey and quit claim unto the sold parties of u 0 the second part,their heirs and assigns forever,not in tea"ncy in common but in joint tenancy,all the k • right,title,interest,claim and demand which the said parties of the first part have in and to the I, t; '! "[ , - ice_ • - following described lot or parcel of land situate,lying and being in the r. • c County of Weld and State of Colorado,to wit: A tract of land being a part of those particular tracts recorded in the } records of Weld County, Colorado, Reception Numbers 1508142 and 15986089 I Iq � located in the NWrs Section 9, Township 5 North, Range 66 West of the (1Y: 1,. 6 P.M., Weld County, Colorado, being more particularly described as follows: tl� e x , Considering the west line of the NWk said Section 9 to bear N. 0D` 00' ' y, 00" E. and all bearings being relative thereto. k ti � Beginning at a point whence the W W Corner said Section 9 bears N. 89 ye a ? 11' 50" W., 30.00 feet; thence, lN h "' N. 00° 00' 00" E., 906.96 feet; thence, N. 87056' 50" E., 55.58 feet; thence, ". 4' ' ' N. 69° 10' 10" E. , 194.70 feet; thence, 1 '` N. 81° 37' 56" E., 380.89 feet; thence, f�i 't S. 83° 39' 00" E. , 193.23 feet; thence, S. 55° 06' 55" E., 194.62 feet; thence, ; S. 89° 31' 28" E., 276.91 feet; thence, 5. 00° 51' 30" W., 911.14 feet; thence, f l N. N 89° 11' 50" W., 1229.34 feet to the point of beginning. I ,. t . r The above described tract of land contains 27.62 acres, more or less. tt 1 5 . 4 • 2,4 t ' R f i ti r., e 4. a • . _ W - lit a , ,o;:. a + 1 , 7a �I,;da I , �t r 7 f �4,, � , ,ft,.. 9 , 0 1 7 Y. ab1W , t ��• t �r - _ • Ill ,I i ,... , ,iii ::..; I , , iii tai f i • ;}ti i I j'. It - 4 Ift y[" ) t f i I iti ?,00x l I ].68!.406 , k - ,} II 7 '✓ u.L__ , F f T f. t . } 1 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- i _ - - leges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest, fg I and claim whatsoever of the said part of the first part,either in law or equity,unto the said parties 1 of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy. 4 - 'I 1 Yr '. IN WITNESS WHEREOF,The said part ies:f the first rt have hen unto settheir • hand s and seal s the day and year first above writte . l q Signed, Sealed and Delivered in the presence of ��-�f"�� [SEAL) it !; CD CHARLES' i �W. MEYER� o r ,,. II - ,-- ..GLlCIfYS A cytyE'R.SJ.J.GrSEAL? „ -. .( r Husband and wife [SEAL] t) ` } 4 _ STATE OF COLORADO, j}{ II:}�' tt l ; County of Weld ,l II '�- The foregoing instrument was acknowledged before me this -'Y day of April , 1976 , by CHARLES W. MEYERS AND GLADYS A. MEYERS, husband and wife. .r } •341,x /i'7, ,0 ; I I aJ �poippion expires � ?.:,c( �, � � M �< • .;,:,. ��..,. and and official seal �...✓..) - •f✓4:,acC....,.` f.i- neon Palk. i. 'IlF ... nC - I OF LC' ) i . ._ _ If - Re.962. perrcwbr need.—r..,.,m r.,,.n,.. u.iro.n rmu.n�..m..,e:..u•s,��rsu«r.n.,,.e.,cdona,mss-som —+.•rs }. f fro 01 ,1 i P . t _.. i. . • _ _ .. _ Y} to f l ! t r75kJ M c4a ..gm` 9cY At" A� ¢ N "a'a� si ro w rte- - ¢ a N 1 r! a 4. o an gEt r.� ,88 n •sg h1! :140' !;A. 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" : R2.Y.i %kA tPa r CD a N'Pi o r b K L.a oYrt W' & u4m Mlie#8'o . . . wY _ Ben i m-9 €o , I 4 NS o oem n 112 •� 'de.', 22 iQS .. . . $ F i C Gd ;en' 7 5.i. c7 'rs3 €WS W a �) sF�, 8 w' Yo .6tiE K „SL 7 2 S . < " ogu-n..; a n^ Gib s ,§ .:gnu wgn eP �Sr�p7 E -_. u P c514 _ wni wowwnLLWtM.,» .*=a-tn g m s 2 z J =as = a maaas^ale soy=pgg a as v a _ a& d== � 2 a =ex p2= 2 gMmo amaa. �2�= $f:i.2m r ' W`� lc le: as.., „ _a m _= sa„s � a .aaawW ,W =„� s oaW - twW1 �` o cn.o rr� 11nt mm 's1 'a,,_= -n ,n-oe Li W # a� � '22 2 2.hoo r2MM8MM_uM; E.-$tn-Q c ..12" 6We m S PI F' W It w ' - �67_e-mogmemmro;; # tea_ W` = pi'W2`� �4. �`e .42 1 pF R ty , z ��SW,7 ®3s'8�' 33e,ergt Sar - to , mr w ='3a 2.W Q t$, p 5. a 2., 2,11 glsinsig.U„„„g� cram ; e� o FW :: o=W N j ziytodi i�S2MM 6t II 2 p< 's $a ai a�aY: s2::'e=x:x::�.»az ~$�22 ,. x2 2 '2 _asr�e3oQ r� 2 . m 'a ea kJ S LU h o Y ill rh �. 0 o. .€ Q n M,m.is.00c - ; ; WW 3 i. 0 8 r S F.l'. n yea :m '.. E„ �m s R„ 2, am Pa. 2 WS .Obhe.. 2 �LM: i - q M 2 t 2, YO hhry2 I 2 3au si. I Wttt 8§6' 2 i o- 2 V SOB Q' Gz,.;. ^ a Y. N'M ry H O ^v u $ O J N'zN 3 r O e: h e �4z n t. . :.Y k?3 Ol T b P Q vc- b �22 L Z o Y e d vO ..i. d ;,v q's M ` h, 4 oak adLig i N e _ M� 4 pp N T_ 3Y : Y O ].OO GO.oON J o .u>YC Al - I` C i] i N o -- WI MN IN/11S3M o iy?�'m 3`E. uit= N 1 y -o o R:Ey 2 Q F.,k 'i3% l� P[ i' d$xi; V g.s� rl Ni _ Yip . `roO g 2 0Mg P a En En B 1284 REC 02235753 1 /90 16:29 J10.00 1/002 r 'Cri AR22 npo,3 F 2050 MARY ANN FEUERSTEIN CLERIC i RECORDER WELD CO, CO - la— WARRANTY DEED C TEIS DEED.Made this 12th dry of December I 1990 .bench CHARLES W. MEYERS and GLADYS A. MEYERS State DoeurnertW '• .d........ Ht Date///.1r . .� JWax) - and s..14.La........................ . N of and of N Stale of Colorado,grantor,and ALBERT R. PERM and ROBIN PEREZ O I—' • whose legal addicts is p.0- Box 2318 Greeley, Colorado 80632 of de County of Weld and Sam of Colorado.grants: N I WITNESS.thatrP grantor for and inmvidcnon of dm sum of a I I One Hundred Five Thousand and No/100ths DOLLARS. : Doc Fee me n¢ipt and sufficiency of which is heathy vckner4al)d,has granted.bargained.sole and cepepae,and by these pesetas Oat 10.50 ' grant.hugsin.sell.convey and confine unto the gran.m,deir heirs and assigns force rot in tenancy incommonbut in pint tenancy. ' all the real property.together with improvements,if any,situate,lying and being in the County of I MWELD ad State of Colorado,.lcetiled at follows: III • SEE ECHIBIT "A" ATTACHED HERETO N N W I Ul J H N W I I' UD : ' I also know by suet and numberas O TOGETHER with all and singular the IVMimmene and iapaatances th lumb>belonging,or in anywise appertaining and the I. . I Evasion and reversions.remainder and remainders,news.&nes and profits thereof,and all the estate.right,title,interest.claim and O demandwhatsoever of the grantor.either in law or equity d,in and to the above bargained premises.with the baeditamens and • 0 app�wm. I—I 10 EWE AND TO HOLD the azid penises above hse inedanddescribed.with the appurtenances,unto the paunees.their heirs ' and assigns Coiner.And de grantor.for bimclL he beits and personal representatives,des covenant.grant,bargain and agree to and I I with the gnantm,their heieas assign.that al the time of Permeating and delivery of Paepaents.he'swell seized of the premises above conveyed,has good,sore.perfect,absolute and indefesiblc estate of inheritance.a Lw,in fee simple,and has good right.full I, • pw:rand lawful aehority to grant.bargain.sell and convey the same in mannerandform afmaud.and that the sentare brand clear II from all forma and other grans.bargains.sales.Wes.taxes,assessments.encumbrances and=Mations of whatever kind or nature stew,except general taxes for 1990 and :subsequent years; except easements, ',l restrictions, covenants, conditions, reservations and rights of way of record; q • I if any and easements and rights of way established on the premises. I. • The grantor shall and will WARRANT AND WREVD.DE 11D the abop-ban;ined premise in the quiet and peaceable possession of the grantees,'t Heim and assign.against al I and away pawn or penons lawfully claiming the whole or any pmt I1 thereof The singrda number shall include the plural,de plural dr.singular,and the use of any grader shall be applicable to all genders. i IN �WHERweanedEOF grantor has weaned this deed on the dale set forth Pore . eC � e="a.h, a. II Charles W. Meyers Glady A. Meyers• C — i I — I STATE OF COLORADO 1 see• II l . dD County of )COICO DI Weld J I The foregoing instrument was acknowledged before me this 12th day of December by Charles W. Meyers and Gladys A. Meyers wive.my hand nod official seal. I My Cammiiniann+s December 1 .1994 o— l -4.44„.0,--L. � I O ,Q c f • b`a � il '. '.fin Om 0.en'Ctywtt _ - 11• • Net'BA.In.345.ne von MD rots 9ont Iy,I w.nea AsW.o MI afar S.Mora CO roxm—t3mt 192:fm—w 1 n • t • • B 12Bd NARY ANN FEVERS'EEIN CLERK 6 !:£CORDER WELD CO, CO 1 lei • EXHIBIT 'A' co III J rat B of Amended Recorded Exemption So. 0959-09-2-RB 1.312, recorded N December 7, 1990, in Boot 1281 as Reception Ro. 02235179, being a portion • of the RN% of Section 9, Township S Perth, Range 66 West of the 6th P.W. N p I TObLcaha WITH ONE RIGHT IN THE LOW-MAIM AND GREELEY RESERVOIR, evidenced f' by Contract No. 179 and together with ditch, ditch rights and rights of way for irrigation purposes appurtenant q p po pp Want to the subject. property. N TOGETHER WITH the right in common with Grantors to the extent thereof to the delivery of irrigation water from the Boomerang Lateral. EI titTOGETHER WITH a non-exclusive easement along the existing road on the South boundary of Lot A of Amended Recorded Exemption No. 0959-09-2-RE 1312, only for the purpose of irrigating end for the purpose of delivering Grantees N livestock feed and livestock to or removing Grantees livestock feed and N livestock from the existing hay shed on the southeast portion of the property. W This easement shall not be for any other purpose except that Grantees may use cn I the road easement for other agricultural purposes up to one year from the date J hereof. fn W TOGETHER WITH anon-exclusive easement in the existinc irrigation ditch along ~ the South boundary of Lot A of Amended Recorded Exemption No. 0959-09-2-RE 1312, and underground through g pipeline under Lot A of Recorded Exemption No. 0959-09-2-RE 1312, for the purpose of irrigating Grantees property. The ease- ment for transportation of irrigation water shall obligate Grantees to share o with Grantors the costs of maintenance and repair of the ditch and pipeline. O Grantors shall be responsible for 1/3rd of the cost of maintenance and repair N and Grantees 2/3rds thereof. All covenants herein shall run with the land. M W in U. w 6' a VI 4 Ill la J N C N 2 W w N o P. I(Ill U p {a.1y5'Q'^4 el w 4 p d s� . 7, yrI 2 444 CC b. K2 ¢ iiiEEE{-� 4 444' t`Y ...3V a t o o y CI JCU J� W •'O 1' . . ti a 4c t� Ill W O i a O. O 4 0 J ..1 14 Q > .. 0 w NO 3 L Y o MI Q YI co 4 - 2 N W VI P4 W Cl W K 7 a) N e 2 I 7 1 - r C N a a w 4 0— O e 2 P M O N 1' 2 N w N W O N I. O N CC X W W a 4 pp77 a O 00 CC 2 ■ F.'▪ 01 Q_p_ O. a U V CO C J a in K me 4 i.I- 2 W ��y tNy 0 3 W Y W W 3 O O Y Y J p Ili W M N t5 a y, 0 }m �JO 6 6 6 I. O 1415 ri C 6. W H l< H .. W C DJ id J U La O P) 6 2 2 g 6 Is N Its MI) a $ M W 4 PIN N I.4 w 4 M a a O Nti SKLD LG 172 . 20 . 16 . 24 WE 2255493-1991 . 001 • • s �z 1 o O 1~ >` 1` N (ti: O O O , O O F N- 1` O O -� - - j 43 I v - -t CI I ; i i- 5 N 1 �O Z , N 0 o { a1 0 is cc A es 11J CA CL sO -c i = `✓ C �..s r rn C CJ rr I v 0 U• V = 0 w t: 1- ..- o N M ! 1-+ -CI +� rn 0i L: 3 v5 C i..q 43 rr O > 1 e tt! ix I L U0 0 ' `_ L W `Zyy. L en CO LL. ^ a ZDE .� i� �� GY •c el I. 1 c I-- M .�/� - @ iramibusial N �j i @ G �� C s I OT CG z 1 r.:41 (X d f 0. -a n III -i tJ' M 1 O ! I ---4 = H N r- C.. I O a N --Y • O )- Q !� 1 r Nl a I I.-1LU Os N N7 o O r '1 cc I r. ......,; OADv1 e r� > r i M i o u. 9 W Cr' r. .. i{ • O4! C� w L C.' w C i O '. 1•n 4c to i. ^ '� a > 1.'1 " 00 O = V ^ � v - w <zo a ry CD r = J I- N w 4! Gdin ♦ r3 --..........1 _1 ri a -4-• r.- ›.- P-1 CC i A. Cya › y 4. Li! 0 . l!J Q f',. "1.. Q tV J Cs v tJ _ t I_Ti r4 CX..7 < a. t- :o a CO I' c 4. r O 1 W IL C 1 in CC UL... C, I U 2 ' d 0969.E (01.6) zaJad u>:q()j ..laq'H d i 0 :2 1 90 90 Jdb -9102F( TC Te r r ; 1/..6 -9/ y -t 9/C,J CooL3 C� u Pepe c r�Cf Silik___, _ 0 jii ,,,,, . t„ _ , , „ A vl �\ t `_--- o o 4t \`'- a T G O fil V 1 .15O p s j CS LCh N s N t) ) -r1 '3 ( t ' S k r Q Y ZA--t), n y 1--- '1' - o 0 W o C 0 \I 3 % n V/n— \ N N. 1 C t n In , a THIS FORM HAS I RTANT LEGAL CONSEQUENCES • AND THE PARTIES LD CONSULT LEGAL AND TAX OR Rouse Realty OTHER C NSEL BEFORE SIGNING. METRO 3835 W. 10th Street,Suite 1008 CONTRACT TO BUY AND SELL BROKERS Greeley, Colorado 80634 REAL ESTATE "c ,a (970)336-3102 (RESIDENTIAL) , (970)352-3006 Fax Date: THURSDAY,JUNE 22, 2006 Purchase Price: $ - 1. AGREEMENT. Buyer agrees to buy,and the undersigned Seller agrees to sell,the Property defined below on the terms and conditions set forth in this contract_ 2. DEFINED TERMS. a. Buyer. Buyer, Frank Dwayne Morgan AND Dana M. Morgan ,will take title to the real property described below as X JoInt Tenants Tenants in Common Other b. Property. The Property is the following legally described real estate: Pan of the NW 1/4 Section 9, Township 5, Range 66, Lot B Amd Rec Exempt Re-1312(.12r), Situs: 1330 71st Ave, Greeley, Colorado 80634 in the County of -_.----,-_WELD ,Colorado,commonly known as No. 1330 71st Avenue Greeley COLORADO 80634 _._-- - - Street Address-- - ----_- - Stater City --- � together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein exduded. c. Dates and Deadlines. Item No. Reference Event Date or Deadline 1 §5a Loan Application Deadline FRIDAY, JUNE 30, 2006 2 §5b Loan Commitment Deadline TUESDAY, AUGUST 1, 2006 3 §Sc Buyer's Credit Information Deadline NOT APPLICABLE 4 §5c Disapproval of Buyer's Credit Deadline NOT APPLICABLE 5 §5d Existing Loan Documents Deadline NOT APPLICABLE 6 §5d Objection to Existing Loan Documents Deadline NOT APPLICABLE 7 §Sd Approval of Loan Transfer Deadline NOT APPLICABLE 8 §6a(4) Appraisal Deadline FRIDAY, JULY 28, 2006 9 §7a Title Deadline _ FRIDAY, JULY 7, 2006 10 §7c Survey Deadline FRIDAY, JULY 28, 2006 11 §8c Survey Objection Deadline FRIDAY,AUGUST 4, 2006 12 §7b Document Request Deadline FRIDAY,JULY 7, 2006 13 §7d(2) Governing Documents Objection Deadline FRIDAY, JULY 14, 2006 &§8a and Title Objection Deadline 14 §8b Off-Record Matters Deadline FRIDAY.JULY 7, 2006 15 §8b Of-Record Matters Objection Deadline FRIDAY, JULY 14, 2006 16 §8f Right Of First Refusal Deadline NOT APPLICABLE 17 §10 Seller's Property Disclosure Deadline FRIDAY, JUNE 30, 2006 18 § 10a Inspection Objection Deadline FRIDAY, JULY 7,2006 The printed portions of this form,except differentiated additions,have been appr .. by the Colorado Real Es,Commission.(CBSI-7.04) Buyers initials. 1,:rn Seller's initials*" _ 0748 0617113100078 Rouse Realty 2:02 PM 6/22/2006 Qoscatd, O1993-scoso..,ww 14390-7954750 • 19 §10b Resolution Deadline WEDNESDAY, JUilik12, 2006 20 §10c Property Insurance Obj Deadline FRIDAY. JULY 28)6 21 §11 Closing Date FRIDAY,AUGUST 11, 2006 22 § 16 Possession Date FRIDAY,AUGUST 11, 2006 23 j§ 16 Possession Time DELIVERY OF DEED 24 j§27 Acceptance Deadline Date --P4UPGDA*r444fIE-2272006 tjCZCOICtO 25 §27 Acceptance Deadline Time 12:00 NOON 5 p d. Attachments. The following are a part of this contract None Other Note: The following disclosure forms are attached but are not a pad of this contract None Other e. Applicability of Terms. A check or similar math in a box means that such provision is applicable. The abbreviation "N/A"means not applicable. The abbreviation"MEC'(mutual execution of this contract)means the latest date upon which both parties have signed this contract. 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items(Inclusions): a. Fixtures. If attached to the Property on the date of this contract,lighting,heating,plumbing,ventilating,and air conditioning fixtures,TV antennas,inside telephone wiring and connecting biodafjadcs,plants,minors,floor coverings,intercom systems,built-in kitchen appliances,sprinkler systems and controls,built-in vacuum systems(including accessories),garage door openers including ANY remote controls;and Window Coverings,Electric Range/Oven, Dishwasher, Refrigerator, Microwave, Central Vacuum, Window Unit Air Conditioners b. Exclusions. The following attached fixtures are excluded from this sale: Personal Property c. Personal Property. If on the Property whether attached or not on the date of this contract:storm windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates, heating stoves,storage sheds,and all keys. If checked,the following are included: Water Softeners X SmokelFire Detectors Security Systems Satellite Systems (including satellite dishes)and --NONE OTHER-- d. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall be conveyed,by Seller,free and clear of all taxes,(except personal property taxes for the year of dosing),liens and encumbrances,except None Other Conveyance shall be by bill of sale or other applicable legal instrument. e. Parking and Storage Facilities. oltw7TED AS INAPPLICABLE The printed portions of this form,except tilkmnaalad additions,have been approved by the Colorado Real ESt Commission.(CBS1-7-04) Buyer's initials:' — Orin Seller's initials: "4- 0148 0617113100078 Rouse Realty 2:02 PM 6/22/2006 0..Contracts 01993-2ca Casino 1-800-tss-nm f. Water Rights. The following legSescribed water rights: • --NONE-- Any water rights shall be conveyed by - NOT APPLICABLE- " deed or other applicable legal instrument. - - 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows: Item Reference Item Amount Amount No. 1 §4 Purchase Price $ ��„/"../ 1/4 2 § 3 First Money // 3 §443(1) New st Loan $ 4 §4b(2) New Second Loan / 5 §4C Assumption Balance /A $ $0.00 6 §4d Seller or Private Financing / $ $0.00 7 8 9 §4e Cash at Closing / /� $ 10 Total — Note: If there is an inconsistency between the Purchase Price on the first page and this§4,the amount in§4 shall control. a. Earnest Money. The Earnest Money set forth in this section,in the form of PERSONAL CHECK ,is part payment of the Purchase Price and shall be payable to and held by Land Title Company (Earnest Money Holder),in its trust account,on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this contract unless the parties mutually agree and set forth a different deadline in writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing company,if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents,Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. b. New Loan. (1) New First Loan. Buyer shall obtain a new loan set forth in this section as follows: HFHA X Conventional VA Other This loan will be secured by a FIRST (1st,2nd,etc.)deed of test. The loan may be increased to add the cost of mortgage insurance,VA funding fee and other items for a total loan amount,not In excess of $ ,which shall be amortized over a period of 30 years at approximately $ per month including principal and interest not to exceed 7.0000 %per annum,plus,if required by Buyer's lender,a monthly deposit of 1112 of the estimated annual real estate taxes,property insurance premium,and mortgage insurance premium.If the loan is an adjustable interest rate or graduated payment loan,the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points,if any,shall be paid to lender at Closing and shall not exceed N/A %of the total loan amount. Notwithstanding the ban's interest rate,the first N/A loan discount points shall be paid by and the balance,if any,shall be paid by Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed 1.0 %of the loan amount. If the loan is an FHANA insured or guaranteed ban,Seller shall pay dosing costs and fees that Buyer is not allowed to pay,in an amount not to exceed$ N/A for only the following items: third party document preparation,tax service,tax certificate and N/A The printed portions of this form,except thflerendated additions,have been approped by the Colorado Real Estate Commission.(CBS1-7-04) Buyers initials.. / kr) Seller's initials:_ _ 0748 0617113100078 Rouse Realty 2:02 PM 6/22/2006 oesc nr.at& 01903-2roeor...ktlaoo-resnse (2) New Second Loan. Buyer stain a new loan set forth in this section as follows:4D This loan will be secured by a Attain ND (2nd,etc.)deed of trust. The total loan amount,not in excess of shall be amortized over a period of 30 years at ap proximately mately __ per month including principal i if the loan is an __-- - -- - Pp and not to exceed 8.7500 %per annum. -- --- adjustable interest rate or graduated payment loan,the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points,if any,shall be paid to lender at Closing and shall not exceed N/A %of the total loan amount. Notwithstanding the loan's interest rate,the first N/A loan discount points shall be paid by - and the balance,if any,shall be paid by _. Buyer shall time — - --- -- -ly pay Buyers loan vests and a loan origination fee not to exceed 1.0 ^,{,of the loan amount c. Assumption. OMITTED AS INAPPLICABLE d. Seller or Private Financing. OMITTED AS INAPPLICABLE e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing,plus Buyer's closing costs, shall be in funds which comply with all applicable Colorado laws,which include cash,electronic transfer funds,certified check,savings and loan tellers check and cashier's check(Good Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan Applica ors. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan,or if an existing loan is not to be released at Closing,Buyer,if required by such lender,shall make a verifiable application by Loan Application Deadline(§2c). Buyer shall cooperate with Seller and lender to obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all information and documents required by lender,and,subject to§4b(1)and(2)and§4c,timely pay the costs of obtaining such loan or lender consent. Buyer agrees to satisfy the reasonable requirements of tender,and shall not withdraw the loan or assumption application,nor intentionally cause any change in circumstances that would prejudice lender's approval of the loan application or funding of the loan. Buyer may obtain different financing provided Seller incurs no additional delay,cost or expense,and provided Buyer is approved for such substitute loan. b. Loan Commitment If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified in§4b,this contract is conditional upon Buyer obtaining a written loan commitment. This condition shall be deemed waived unless Seller receives from Buyer, no later than Loan Commitment Deadline(§2c),written notice of Buyer's inability to obtain such loan commitment If Buyer so notifies Seller, this contract shall terminate. IF SELLER DOES NOT RECEIVE WRITTEN NOTICE TO TERMINATE AND BUYER DOES NOT CLOSE, BUYER SHALL BE IN DEFAULT. c. Credit Information. OMITTED AS INAPPLICABLE d. Existing Loan Review. OMITTED AS INAPPLICABLE 6. APPRAISAL PROVISIONS. a. Appraisal Condition. (1) No Appraisal Condition. This subsection a.shall not apply. (2) FwL It is expressly agreed that notwithstanding arty other provisions of this contract,the Purchaser(Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the Purchaser(Buyer)has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,Veterans Administration,or a Direct Endorsement lender setting forth the appraised value of the Property of not less than -- -- -_- The Purchaser(Buyer)shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation.The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure.HUD does not warrant the value nor the condition of the Property.The Purchaser (Buyer)should satisfy himself/herself that the price and condition of the Property are acceptable. (3) VA. If Buyer is to pay the Purchase Price by obtaining a new VA-guaranteed loan,it is agreed that,notwithstanding any other provisions of this contract,Buyer shall not incur any penalty by forfeiture of Earnest Money or otherwise be obligated to complete the purchase of the Property described herein,if the contract Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans Administration. Buyer shall,however,have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Veterans Administration. The printed portions of this form,except thliananiatedadditions,have been a by the Colorado Real Estate Commission.(CBS1-7-04) Rouse Realty Buyer's initials ,� Seller's initials:_ _ 0748 0617113100078 2:02 PM 6/22/2006 nascanbacts O1993-2004aaa.mc1-eoo.795-lmse flueplu uy w,l -tuuse, tsr ser page b X] (4) Other. Buyer shall have ole option and election to terminate this contract if Purchase Price exceeds the Property's valuation determined by an appraiser engaged by LENDER The contract shall terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender that confirms the Property's valuation is less than the Purchase Price,received on or before Appraisal Deadline(§2c). If Seller does not receive such written notice of termination on or before Appraisal Deadline (§2c),Buyer waives any right to terminate under this subsection. b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by x Buyer Seller. 7. EVIDENCE OF TITLE. a. Evidence of Title. On or before Title-Deadline(§2c),Seller shall cause to be furnished to Buyer,at Seller's expense,a current commitment for owner's title insurance policy(Title Commitment)in an amount equal to the Purchase Price,or if this box is checked, An Abstract of title certified to a current date_ At Seller's expense,Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished,it X Shall Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, (5) gap period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by Seller. b. Copies of Exceptions. On or before Title Deadline(§2c),Seller,at Sellers expense,shall furnish to Buyer and Buyers Agent .(1)a copy of any plats,declarations,covenants,conditions and restrictions burdening the Property,and (2)if a title insurance commitment is required to be furnished,and if this box is checked Copies of any Other Documents (or,if tisgale,summaries of such documents)listed in the schedule of exceptions(Exceptions). Even if the box is not checked,Seller shall have the obligation to furnish these documents pursuant to this subsection if requested by Buyer any time on or before Document Request Deadline(§2c). This requirement shall pertain only to documents as shown of record in the offices of the deft and recorder. The abstract or title insurance commitment,together with any copies or summaries of such documents furnished pursuant to this sedan,constitute the title documents(The Documents). c. Survey. On or before Survey Deadline (§2c) X Seller Buyer WA shall cause Buyer and the issuer of the The Commitment or the provider of the opinion of title if an abstract,to receive a current J Improvement Survey Plat X Improvement Location Certificate (the description checked is known as Survey). An amount not to exceed$ $150.00 for Survey shall be paid by X Buyer Seller. N/A If the cost exceeds this amount,Buyer shall pay the excess on or before Closing unless Buyer delivers to Seller before Survey is ordered,Buyer's written notice allowing the exception for survey matters. d. Common Interest Community Govemine Documents OMITTED AS INAPPLICABLE 8. TITLE AND SURVEY REVIEW. a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title, form or content of Me Commitment or of any other unsatisfactory title condition shown by the The Documents,notwithstanding §12,shall be signed by or on behalf of Buyer and given to Seller on or before Title Objection Deadline(§2c),or within five(5)calendar days after receipt by Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy of the document adding any new Exception to title. If Seller does not receive Buyer's notice by the date specified above,Buyer accepts the condition of title as disclosed by the The Documents as satisfactory. b. Matters not Shown by the Public Records. Seller shah deliver to Buyer,on or before Off-Record Matters Deadline(§2c) true copies of all leases and surveys in Sellers possession pertaining to the Property and shall disclose to Buyer all easements,liens (including,without limitation,governmental improvements approved,but not yet installed)or other title matters(including,without limitation, rights of first refusal,and options)not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party has any right in the Property not shown by the public records(such as an unrecorded easement, umekaded lease,or boundary tine discrepancy).Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,notwithstanding§12,shall be signed by or on behalf of Buyer and given to Setter on or before Off-Record Matters Objection Deadline(§2c). If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. c. Survey Review. Buyer shall have the right to inspect Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding§8b or§12,is received by Seller on or before Survey Objection Deadline (§ 2c) then such objection shall be deemed an unsatisfactory title condition. If Seller does not receive Buyers notice by Survey Objection Deadline(§2c),Buyer accepts Survey as satisfactory. The printed portions of this form,except d ere ntiatedadditions,have been apprird by the Colorado Real Estate Commission.(CBS1-7-04) Buyer's initiairr Or Seller's initials:_ _ 0748 0617113100078 Rouse Realty 2:02 PM 6/22/2006 Cie.caaraas O1983-2004(Seir 1-800-795-7759 • a ADDITIONAL PROVISIONS. ak (The following additional provies have not been approved by the Colorado Real Esiitommission.) This contract is contingent upon the successful sale and closing of the Buyer's real property located at 2513 54th Avenue in Greeley, Colorado. Seller reserves the right to continue marketing the property for sale and to accept offers for the sale of the property subject to the rights of the Buyer hereunder. Seller shall provide Buyer written notification of the acceptance of another offer and shall allow the Buyer three(3)full business days(Waiver Period) following Sellers notification to remove this contingency. (Waiver Period=Period of time for Buyer to provide Seller with a written waiver of the contingency of the sale of Buyer's real property). Should the Buyer provide the waiver within the Waiver Period, this contract shall continue in full force and effect in the event the Buyer does not provide such waiver within the Waiver Period. this contract shall terminate and all earnest money shall be returned to the Buyer. Buyer understands this contract is contingent upon the approval of Sellers proposed recorded exemption. The purchase price is for 4.5 acres of land, as outlined in the attached aerial photo, the residential home, the playhouse/garden shed, and the four stall horse barn and arena. 25. ENTIRE AGREEMENT.MODIFICATION.SURVIVAL This agreement constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto, whether oral or written,have been merged and integrated into this contract.No subsequent modification of any of the terms of this contract shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. Any obligation in this contract that, by its terms,is intended to be performed after termination or Closing shall survive the same. 26. NOTICE.DELIVERY AND CHOICE OF LAW. a Physical Delivery. Except for the notice requesting mediation described in§21 and except as provided in§26b below,all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or by Selling Brokerage Fun,and any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm. b.Electronic Delivery. As an alternative to physical delivery,any signed document and written notice may be delivered in electronic form by the following indicated methods only X Facsimile X E-mail None Documents with original signatures shall be provided upon request of any party. c.Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 27. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of acceptance pursuant to§26 on or before Acceptance Deadline Date(§2c)and Acceptance Deadline Time(§2c). If this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, tely, when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract the Date of signature Li. 12L RD - Buyer: an ayne gan !t �'--` Date of signature LA 2-7 i O<o Buyer D≥r a-th Morgan r Buyer's Address: 2513 54th Avenue, Greeley, CO, 80634. USA Buyer's Telephone --- - dr ss _. etephone No:970.3305591 Buyer's Fax N¢ B -- _ ---� uyer's Email Address: The printed portions of this form,except differentiatedadditions.have been approved by the Colorado Real Es Comm�cesio ,(CBS1-7-04) Seller's initials: 748 0617113100078 Rouse Realty 2:08 PM 6/22/2006 0.. 019113-2aoe0a.,rn.i -795Snse 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time(§2c), subject to the following leases or tenancies: NONE-- If Seller,after Closing,fails to deliver pot sion as specified,Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of $75.00 per day from the Possession Date(§2c)until pnccacsion is delivered. Buyer X Does _ Does Not represent that Buyer will occupy the Property as Buyer's principal residence. 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 18. INSURANCE;CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract,the Property,Inclusions or both shall be delivered in the condition existing as of the date of this contract ordinary wear and tear excepted. a Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before the Closing Date (§2c). In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage,Buyer shall be entitled to a credit,at Closing,for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners'association,if any,plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total Purchase Price. b. Damage.Inclusions and Services. Should any Inclusion or service(including systems and components of the Property,e.g.heating,plumbing,etc.)fail or be damaged between the date of this contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size,age and quality,or an equivalent credit,but only to the extent that the maintenance or replacement of such Inclusion,service or fixture is not the responsibility of the owners' association,if any,less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs which may be purchased and may cover the repair or replacement of some Inclusions. c. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL By signing this document Buyer and Seller acknowledge that the respective broker has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE,DEFAULT AND REMEDIES. Tune 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 or waived as herein provided,there shall be the following remedies: a. If Buyer is in Default (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shad be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seder shall have the right to specific performance or damages,or both. X (2) Liquidated Damages. All payments and things of value received hereunder shad be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released front all obligations hereunder.It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c)are SR I FR'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default: Buyer may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific pet flanksne or damages,or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 21. MEDIATION. If a dispute arises relating to this contract,prior to or after closing,and is not resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a pmcess in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially.Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation,unless otherwise agreed,shall terminate in the event the entire dispute is not resolved within 30 calendar days of the date written ten notice requesting mediation is sent by one party to the other at the party's last known address.This section shall not alter any date an this contract,unless otherwise agreed. 22. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money and things of value (notwithstanding any termination of this contract or mutual written instructions), Earnest Money Holder shall not be required to take any action. Earnest Money Holder may await any proceeding,or at its option and sole discretion,interplead all parties and deposit any money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 23. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to§§10d,21 and 22. The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Buyer's initials.' °LT-% Seller's initials:_ _ 0748 0617113100078 Rouse Realty 2:08 PM 6/22/2006 oesconaam O1993-2009 Qesine.14300-705-7759 • f. Megan's Law. If the presence of a registered sex offender is a matter of concern to B r,Buyer understands that Buyer must contact local law enforcement officials regain obtaining such information. 11. CLOSING. Delivery of deed fro eller to Buyer shall be at dosing(Closing).Closings be on the date specified as Closing Date(§2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by ALL PARTIES TO THE CONTRACT 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deed to Buyer,at Closing,conveying the Property free and dear of all taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free and dear of all liens,including any governmental liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to: a.those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with§8a(Trite Review), b.distribution utility easements(including cable TV), c.those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with§8b(Matters Not Shown by the Public Records)and§8c(Survey Review). d.inclusion of the Property within any special taxing district, e.the benefits and burdens of any declaration and party wall agreements,if any,and f.other `*NONE OTHER * * • 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS.DOCUMENTS AND SERVICES. Buyer and Seller shaft pay,in Good Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shag be paid at Closing by X One-half by Buyer and One-half by Seller Buyer Seller Other • Any fees incident to the issuance of owners'association's statement of assessments(Status Letter)shall be paid by J Buyer Seller. X N/A Any fees incident to the transfer from Seller to Buyer assessed by the owners'association (Owners'Association Transfer Fee)shall be paid by Buyer Seller. X N/A The local transfer tax of %of the Purchase Price shall be paid at Closing by One-half by Buyer and One-half by Seller Buyer Seiler X Other Not Applicable Any sales and use tax that may accrue because of this transaction shall be paid when due by Buyer Seller. X WA 15. PROBATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise provided: a. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,based on X Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and Most Recent Assessment Li Other _ b. Rents. Rents based on Rents Actually Received Accrued. X N/A Security deposits held by Seller shall be credited to Buyer. Seller shall assign all teases to Buyer and Buyer shall assume such leases. NOT APPLICABLE c. Association Assessments. OMITTED AS INAPPUCABLE d. Loan Assumption- Mortgage Insurance. FHA or private mortgage insurance premium,if any, Shall Shall Not X WA be apportioned to Closing Data(§2c). Any such amount shall be apportioned as follows: *NOT APPLICABLE e. Other Proration. Water and sewer charges;interest on any continuing loan,and NOT APPLICABLE f. Final Settlement Unless otherwise agreed in writing,these prorations shall be final. The printed portions of this form,except &Nara:lared additions,have been apprcsed by the Colorado Real Estate Commission.(CBS1-7-04) Buye's initials. / Q,." Seller's initials:_ _ 0748 0617113100078 Rouse Realty 2:08 PM 6/22/2006 oesContracts 12 1993-2094o«,lrnraoo-795-7759 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SU CT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS BY REVENUES PRODUCED FROM ANNU AX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. OPERTY OWNERS IN SUCH DISTRICTS MAY E PLACED AT RISK FOR ' INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice is received by Seller on or before Off-Record Matters Objection Deadline(§2c),this contract shall then terminate.If Seller does not receive Buyers notice by such date,Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the right to terminate. e. Right to Object Cure. Buyer's right to object shall include,but not be limited to those matters listed in§12. If Seller receives notice of unmerc hantabilty of title or any other unsatisfactory title condition or commitment terms as provided in subsections 8 a,b,c and d above,Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this contract shall then terminate;provided,however, Buyer may,by written notice received by Seller on or before Closing,waive objection to such items. f. Right of First Refusal or Approval. OMRTED AS INAPPLICABLE N. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed carefully. Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,including without limitation boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements,leases and other unrecorded agreements, and various laws and governmental regulations concerning land use,development and environmental matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE,AND TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OIL,GAS,OTHER MINERALS,GEOTHERMAL ENERGY OR WATER ON OR UNDER THE PROPERTY,WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this contract(e.g.,Title Objection Deadline[5 2c1 and Off-Record Matters Objection Deadline[§ 9. LEAD-BASED PAINT. Unless exempt if the improvements on the Property include one or more residential dwellings for which a building permit was issued prior to January 1,1978,this contract shall be void unless a completed Lead-Based Paint Disclosure(Sales) form is signed by Seller and the required real estate licensees,which must occur prior to the parties signing this contract 10. PROPERTY DISCLOSURE.INSPECTION AND INSURABILITY;BUYER DISCLOSURE. On or before Seller's Property Disclosure Deadline(§2c),Seller agrees to provide Buyer with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property and Inclusions,at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyers subjective discretion,Buyer shall,on or before Inspection Objection Deadline(§2c): (1)notify Seller in writing that this contract is terminated,or (2)provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct(Notice to Correct). If written notice is not received by Seller on or before Inspection Objection Deadline(§2c),the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Coned is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Resolution Deadline(§2c),this contract shall terminate one calendar day following the Resolution Deadline(§2c),unless before such termination Seller receives Buyers written withdrawal of the Notice to Coned. c. Insurability. This contract is conditioned upon Buyer's satisfaction,in Buyer's subjective discretion,with the availability,terms, conditions and premium for property insurance. This contract shaft terminate upon Seller's receipt,on or before Property Insurance Objection Deadline(§2c)of Buyer's written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this provision. d. Damage,Liens and Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not penult claims or liens of any kind against the Property for inspections,surveys,engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless from and against any liability, damage,cost or expense incurred by Seller in connection with any such inspection,claim,or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection,including Seller's reasonable attorney and legal fees. The provisions of this subsection shall survive the termination of this contract. e. Buyer Disclosure. Buyer represents that Buyer X Does Does Not need to sell and close a property to complete this transaction. Note: Any property sale con' tirywwy should appear in Additional Provisions(§24). The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Buyer's initials: Ch1 Seller's initials:_ _ 0748 0617113100078 Rouse Realty 2:08 PM 6/22/2006 Cues Contracts O1993-xp4 Calm.tmo-705-759 (N0TE:tl this offer is being countered or rejl,do not sign this document Refer to§281 • Date of signature Seiler Albert R.Perez Date of signature Seller. Robin Perez Seller's Address: 1330 71st Avenue, Greeley, CO, 30634, USA Seller's Telephone No: Seller's Fax No: Seller's E ail Address: 28. COUNTER;REJECTION. This offer is Countered Reject. Initials only of party(Buyer or Seller)who countered or rejected offer (, ( affk END OF CONTRACT Note:Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§2c). BROKER ACKNOWLEDGMENTS. The undersigned Brokers admowledges receipt of the Earnest Money deposit specified in §4 and,while not parties to the contract,agree to cooperate upon request with any mediation conducted under §21. The Selling Broker is a X Buyers Agent Transaction-Broker in this transaction. The Listing Broker is a X Settees Agent Transaction-Broker in this transaction. BROKERS'COMPENSATION DISCLOSURE. Selling Brokerage Finn's compensation or commission is to be paid by. X Listing Brokerage Finn I Buyer LJ Other (To be completed by Listing Broker) Listing Brokerage Firm's compensation or commission is to be paid by X Seller Buyer I I Other Selling BrokerlFlnn (Name of Broker/Finn) Listing Broker/Finn (Name of Broker/Firm) Rouse Realty Orr Land Company 3836 W. 10th Street, Suite 1008 Greeley, Colorado 80634 Telephone No: (970)336-3102 Telephone No: Fax No: (97013 -3006 Fax No: E-MAIL /}C t� J.��//�, E-MAIL: By. (Signature) _ ` Date &222 `�v By (Signature) Date r' y D. ousroker Trevor Thiel The printed portions of this form,except eferentiaredaddfions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Realty 07480617113100078 Rouse 2:08 PM 6/22/2006 as Contracts o 1993-2004 oea,ma laooaa5-7759 i - B 1290 REC 0'1240877 02/08/91 14: 42 010. 00 Exhibit A F 0220 MARY ANN FEUERSTEIN CLERK & RECORDER WELL AE224U877 OUTSIDE OF CITY WATER AGREEMENT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO I, the undersigned owner the of the following described property adjacent or close to but not within the corporate limits of the City of Greeley, to-wit: (Here Insert description of property) /1E—cc -7o4 /UUHH6 /505?/ 1/-2 a-n d /ox�. J i ii -Me e /thrill /u --frill es LA OF Sec+�rin 9 ► cx6rsl ____6 - Qan c ) (c I-51 . Cs 1"la� do hereby respee tinily petition the City of Greeley for permission to tap the Greeley water works distribution main at: ()1 r insert plate and t of tap requested) • x er crclP�l �Xf�hl�lnT�`a✓1 r 5 llt•f�?U pn cowl, 3/441 WA-TOIL " f — 1330 71st Avenue for the purpose of supplying water to said premises. It Is expressly anderstooll and agreed by the undersi good that, if granted, said tap shall be in consideration of and upon the following terms and conditions, to-wit: 1. Tvnl applir;utt shall pay all costs or charges incident to »taking said tap, as may lie determined by the City of Greeley, and the 1. said tops shall be made under the supervision of the superintendent of the water department, or such other official as the City may designate, 2. 'flint applicant will pay for and install a water meter of such size and at such place Its may he required by the City. 3. That if the premises to lie serviced by said taps shal either e individual r ipenludedorwithin thce Counderi 0L of then tandract in plot which is soonld to he annexed to the City of Greeley, by that wont Ole appliraniS sped finally agree that they will consent to join In the annexation of such territory by the Cil y of Greeley. :al,dcnl ',lily io the compliance by ;my such petitioners with all of the legal requirements pertaining to the annexation of territory to a municipality. Furthermore. that applicant does hereby empower and irrevocably authorize and appoint the Cil.y Clerk of the City of Greeley. Colorado, his lawful attorney in fact, for him and in his place and stead to sign any such annexation petition as may be presented In and approved by the City Council, or as may he initiated by the City Connr it itself, embracing the alone described land within territory to be annexed to the City of Greeley. Colorado, and a(:plir:ant does hereby grant said City Clerk full power and authority to sign his name to such petition, thereby binding said petitioiner to all of the terms soil provisions of said petition as fully as be might do himself and for all Intents and purposes as if he himself had signed said petition, it luring thoroughly understood by the applicant teat the primary consideration for the granting of the petition is applimuit',s eon maul and promise that he will consent to llte annexation of said territory to the City of Greeley, Colorado. Applicant further covenants and agrees for himself, his successors and assigns that, if he fails to sign any tand uuia athat nnexation petition when requested by the City, or fails to abide by each nod every covenant herein contained, this permit or right to use water may he terminated by the City of Greeley, Colorado, upon the giving of thirty cloys' notice it writing of his intention so to do. Further, the re(;uiremenls herein stated shall be considered as covenants running with the land 'Thal the applicant agrees that no building or other improvement shall be constructed which shall Interfere with Oil future.1. widruine o:' extending of streets as proposed or may hereafter he proposed in the Street and Il ighway Plan on file ii the County Clerk's Office. County of Weld, State of Colorado. That the applicant agrees that where the major streets are not iouncdiately necessary the applicant dates hereby egret to . .. ..... ..:_,. to be openedopened :,ud improved the street or streets as required by the Greeley Planning Commission. (iota atluch city ... It. Thal the applicant agrees that grant of the streets for future use at the request of the Greeley rimming Commission as herein recited shall run with ti,' land and does hereby authorize this Agreement to be placed of record in the Clerk it,, Recorder's Off ice. Weld Count r, State of Colorado.7. shall ir, roust ruct<::I 0 Thal this applicant agrees that no building or other heimp the improvement nts Planning Or plan lf subdivision hv planned whirl. interferes with the necessary' drainage required S. Thai. the medicaid agrees to comply will all ordinances and other regulations adopted by City Conned tied Creele zonin buildingconstruction, fire, safely. health, traffic mot ether ai,pbcubl planning Commission rou•cnlug subdivision, 6. matters. p Thal the applicant agrees to obtain and pay for the necessary building anl other permitsand to be governed by Ih required inspections in sane; manner as if tile area were within the City limits. 10. That the applicant agrees that if the area herein described shall become a part of another Town or City, the City u Greeley shall have the right to terminate the water service to said area and individual or individuals. 11. That the applicant agrees to pay all costs for water extensionts as may be required by the Director of Water utles specifically cx enrpl from certain costs by utility policies approved by the City Council. 12. That ihr appiieonl agrees to pay the regular rates now established or that may in the future lie established for ill Class of water service furnished. 13. That ::ppdicaltl agrees to »bide• by all of the roles, regulations and ordinances of the City of Greeley, Colored: and lite laws of the Slade of Colorado Pcrinining to the use of said water as fully as If said premises were located within Ili corporate limits of the Clly of Greeley, Colorado. 11. Thal applicant agrees to furnish three acre feet of watch per acre of land or fraction action thereof. ereof.hTheeser watewaterlie fort i shed may be project water, l:reel ry-hovel:01d Irrigation Co. vat er, t i( nor IR, 1 of (lie ,rr1, iilu+vl.[ lt�e uazg_Ie,.r er tanej i "'•i M' Ur. ..,1"..+L..r direct fine ricer rights: v" ' (ho f" ^i" h; rese-.l:o., of the. Oit.' Cot,s,:1 lit U, ��oF-yea o;.yh pt^.'r b-lhtrt:ed--nuts» Iht, fni: wnncl:o6 vaF+ l boo nit" e+"'etaaad "' "1.4nr1 lfr. That ill of the terms and conditions hereof shall extend to and be binding upon the heirs, assigns and :successors i Interest of the parties herein. 16. Whenever the word he, his or him is used herein such word shall also mean and include the words, she her , they, theirs or then,. and the singular shall likewise mean and include the plural. 1IPB290 REC 02240877 02/08/91 14 : 42 S10 2/002 F 0221 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO OUTSIDE OF CITY WATER AGREEMENT Page 2 17. That the applicant further agrees to accept the City water at the pressure as delivered in the distribution grid owned by the City; and if in the delivery of water there is excessive pressure that would cause damage to the plumbing of the property owner, the property owner agrees to furnish and install the necessary regulators; or if additional pressure is needed, the property owner agrees to furnish his own auxiliary pumps. IN WITNESS WHEREOF, the applicant has hereunto set his hand and seal this -�_/ day of `y,) i ;c i_ t , 19 90, STATE OF COLORADO ) ss. COUNTY OF WELD On this day appeared before me `71f� i7 s 1 / / 9 fd , known to me to be the above named petitioner, and acknowledged the execution of the foregoing petition and power of attorney as their free and voluntary act and deed for the uses and purposes therein stated. • Witness my hand and notarial seal . •`' `\P My Commission expires: i`� t'y0TAir No%ary; Pub l ic' IMPORTANT: Where property is owned by more than one person, petition must be signed by all owners exactly as their names appear on deed acquiring title . • • PEREZ ANNEXATION AGREEMENT DRAFT THIS ANNEXATION AGREEMENT, dated this day of , 2006, is entered into by and between THE CITY OF GREELEY,a municipal corporation,of the State of Colorado(hereinafter referred to as "City"),and Albert and Robin Perez, (hereinafter referred to as 'Property Owners"). I. INTRODUCTION The Property Owners own certain real property located at 1330 71S` Avenue in Weld County, Colorado, identified and described as Lot B of Recorded Exemption RE-1312;pt.NW4 of Section 9, T5N,R66W of the 6th P.M.,Weld County,Colorado. In order to obtain a water tap on the subject property,Albert Perez signed an Outside of City Water Agreement,attached as exhibit A,on November 21, 1990. The subject property is located within the Knaus Enclave Annexation which is under consideration by the City of Greeley. The Property Owners have made application to Weld County for a recorded exemption to subdivide the existing parcel into two lots. Lot A of the proposed recorded exemption would contain the Property Owners' existing home and a number of outbuildings. Lot B would contain undeveloped land. The City objected to the proposed recorded exemption because of pending annexation consideration, access,and right-of-way issues. The Weld County Board of Commissioners voted at their June 26,2006 meeting to deny the recorded exemption based on City of Greeley and Weld County Planning star--s' recommendations. After further discussions with the Property Owners,City staff determined that the City could support the proposed recorded exemption on the condition that an annexation agreement addressing the City's concerns be signed'by the Property Owners and recorded with the Weld County Clerk and Recorder's office prior to,or in conjunction with,the recording of the recorded exemption plat. Both the City and the Property Owners are desirous of providing for the annexation of the property into the City in order to ensure its orderly development. Therefore,in consideration of the mutual, covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto,the City and Property Owners agree as follows: II. ANNEXATION The subject property is located within the Knaus Enclave Annexation which is currently under consideration by the City. The Property Owners agree to not object to the annexation of their property as a part of the enclave annexation. If the proposed Knaus Enclave Annexation does not moved forward for public hearings, is denied by City Council,or otherwise not completed for any other reason,the Property Owners agree to apply for an owner-initiated annexation of the whole of the existing Lot B of recorded exemption RE-1312 when and if the City requests the Property Owners do so. DRAFT . ..* I K III. WATER AND SEWER SERVICE DRAFT An Outside of City Water Agreement for the subject property has been recorded with the Weld County Clerk and Recorder(see Exhibit A).The existing home on the proposed Lot A has City of Greeley water service.The Property Owners acknowledge that further water and/or sewer taps for Lots A and B of the proposed recorded exemption will not be granted by the City until the subject property has been annexed to the City. IV. PUBLIC RIGHT-OF-WAY The subject property is east of,and adjacent to,71st Avenue which is classified as an arterial roadway. The Property Owners agree to dedicate additional right-of-way for the expansion of 71"Avenue at the request of the City,and at no expense to the City. The planned alignment of 16'h Street crosses the proposed Lot B. The Property Owners agree to dedicate right-of-way for the construction of 16th Street when Lot B is further subdivided,when any development activity is proposed on Lot B,or at the request of the City. The Property Owners agree to dedicate said right-of-way at no expense to the City. The Property Owners acknowledge that 16th Street will be classified as a collector roadway and construction of 16th Street will be the responsibility of the developer of the proposed Lot B. V. ACCESS PUBLIC RIGHT OF WAY Only one shared access to 71st Avenue will be allowed for the proposed Lots A and B. The existing home on the proposed Lot A has access to 7l s'Avenue via a private driveway. Access to the proposed Lot B shall be via the existing private driveway and across Lot A until 16'h Street is developed. When 16th Street is developed,the private driveway on the proposed Lot A shall be abandoned and access to 71st Avenue for both Lots A and B shall be by way of 16th Street. The Property Owners agree to dedicate all necessary access easements on and across Lots A and B as necessary. VI. COMPLIANCE WITH ORDINANCES The Property Owners shall comply with all ordinances,codes, resolutions or policies of the City,as such now exist or as amended or adopted in the future,including those related to the subdivision or zoning of land,except as expressly modified by this Annexation Agreement.This agreement shall not be construed as a limitation upon the authority of the City to adopt different ordinances,rules,regulations, policies or codes which change any of the provisions set forth in this Annexation Agreement so long as these apply to the City generally and not to the property specifically. VII. ASSIGNS Wherever used herein, the term "Property Owners" shall also include any heirs, successors, executors,personal representatives,transferees or assigns of the Property Owners and all such parties shall have the right to enforce and be enforced under the terms of this Annexation Agreement as if they were DR 01 r , • • original parties hereto.This Agreement does not waive or release the Property Owners from any fees, requirements or standards applied in a like fashion to other similar developments in the City. VIII.RECORDING This Annexation Agreement shall be recorded in the real estate records of the Clerk and Recorder of Weld County and shall constitute a covenant running with the land and shall be binding upon all parties having any right,rifle or interest in and to the property. This Annexation Agreement shall be binding on future assigns and owners and all other persons who may purchase land described herein from the Property Owners or any persons hereinafter having any interest in the property. IX. AMENDMENTS DRAFT This Annexation Agreement may be amended by the Property Owners or any subsequent owners of the property with the mutual consent of the City,and may be amended by the City with the mutual consent of the Property Owners or any subsequent owners of a part of the property without the consent of other subsequent property owners so long as such amendment affects only that owner's part of the property. Such amendment shall be recorded in the real estate records of the Clerk and Recorder of Weld County and shall be a covenant running with the land and shall be binding upon all parties having any right,title or interest in and to the property subject to the amendment unless otherwise specified in the amendment. X. HEADINGS The headings set forth in this Annexation Agreement are for reference only and shall not be construed as an enlargement or abridgement of the language of this Annexation Agreement. IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the day and year first above written. CITY OF GREELEY, COLORADO Albert Perez By: _ By: Mayor Printed Name: ATTESTED TO BY: Robin Perez By: Printed Name: By: City Clerk APPROVED AS TO SUBSTANCE: DRAFT By: City Manager 3 r • • APPROVED AS TO LEGAL FORM: By: City Attorney DRAFT T AVAILABILITY OF FUNDS: K By: Director of Finance DRAFT 4 PEREZ ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, dated this/te day of lid 0/3?4 _, 2006, is entered into by and between THE CITY OF GREELEY,a municipal corporation,of the State of Colorado(hereinafter referred to as"City"),and Albert and Robin Perez, (hereinafter referred to as "Property Owners"). L INTRODUCTION The Property Owners own certain real property located at 1330 71&t Avenue in Weld County, Colorado,identified and described as Lot B of Recorded Exemption RE-1312;pt.NW4 of Section 9, TSN,R66W of the 6a'P.M.,Weld County,Colorado. In order to obtain a water tap on the subject property,Albert Perez signed an Outside of City Water Agreement,attached as exhibit A,on November 21, 1990. The subject property is located within the Knaus Enclave Annexation which is under consideration by the City of Greeley. The Property Owners have made application to Weld County for a recorded exemption to subdivide the existing parcel into two lots. Lot A of the proposed recorded exemption would contain the Property Owners'existing home and a number of outbuildings. Lot B would contain undeveloped land. The City objected to the proposed recorded exemption because of pending annexation consideration, access,and right-of-way issues. The Weld County Board of Commissioners voted at their June 26,2006 meeting to deny the recorded exemption based on City of Greeley and Weld County Planning staff's recommendations. After further discussions with the Property Owners,City staff determined that the City could support the proposed recorded exemption on the condition that an annexation agreement addressing the City's concerns be signed by the Property Owners and recorded with the Weld County Clerk and Recorder's office prior to,or in conjunction with,the recording of the recorded exemption plat. Both the City and the Property Owners are desirous of providing for the annexation of the property into the City in order to ensure its orderly development.Therefore,in consideration of the mutual,covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto,the City and Property Owners agree as follows: IL ANNEXATION The subject property is located within the Knaus Enclave Annexation which is currently under consideration by the City. The Property Owners agree to not object to the annexation of their property as a part of the enclave annexation. If the proposed Knaus Enclave Annexation does not moved forward for public hearings, is denied by City Council,or otherwise not completed for any other reason,the Property Owners agree to apply for an owner-initiated annexation of the whole of the existing Lot B of recorded exemption RE-1312 when and if the City requests the Property Owners do so. 'd 09E9-ESEL0L6l ze.iad utgob ' 2Jegfl di0 :90 90 9T '.00 III. WATER ANI) SEWER SERVICE An Outside of City Water Agreement for the subject property has been recorded with the Weld County Clerk and Recorder(see Exhibit A).The existing home on the proposed Lot A has City of Greeley water service.The Property Owners acknowledge that further water and/or sewer taps for Lots A and 13 of the proposed recorded exemption will not be granted by the City until the subject property has been annexed to the City. 1V. PUBLIC RIGHT-OF-WAY The subject property is east of,and adjacent to,7r Avenue which is classified as an arterial roadway. The Property Owners agree to dedicate additional right-of-way for the expansion of 71 St Avenue at the request of the City, and at no expense to the City. The planned alignment of I6th Street crosses the proposed Lot B. The Property Owners agree to dedicate right-of-way for the construction of 16th Street when Lot B is further subdivided,when any development activity is proposed on Lot B, or at the request of the City. The Property Owners are to dedicate said right-of-way at no expense to the City. The Property Owners acknowledge that 16 Street will be classified as a collector roadway and construction of 16th Street will be the responsibility of the developer of the proposed Lot B. If the City of Greeley initiates the construction of 16th Street before the subdivision and/or development of the area of proposed Lot B,the property owners shall dedicate the required right-of- way at that time,at no expense to the City and the City of Greeley will construct the street. Upon development of the area of proposed Lot B,the developer and/or subdivider of area of proposed Lot B shall reimburse the City of Greeley for the actual construction cost of 16'h Street prior to issuance of building permits for said area or prior to the approval of a final subdivision on the area of proposed Lot B,whichever occurs fast. V_ ACCESS TO PUBLIC RIGHT OF WAY The existing home on the proposed Lot A has access to 71"Avenue via a private driveway. Them is an existing driveway on the southern end of the property that provides access to the proposed Lot B. The existing access points will be allowed to remain until additional subdivision and/or development is proposed on either Lot A or Lot B at which point only one shared access to 71II Avenue will be allowed for the two lots. When additional subdivision or development activity is proposed,the City of Greeley will evaluate the continued use of both access points and may require one or both to be abandoned or relocated depending on the type and intensity of the proposed development,the ability to relocate the access points,and whether or not 16th Street is developed. When 16th Street is developed,the private driveways shall be abandoned and access to 71St Avenue for both Lots A and B shall be by way of 16th Street The Property Owners agree to dedicate all necessary access easements on and across Lots A and/or B as necessary. Alternative access proposals may be reviewed and approved by the City of Greeley on a case-by-case basis. 2 E •d 09E9-ESEt0LS] zauad urgoa R quagtu d10 :90 90 91 400 VL COMPLIANCE WITH ORDINANCES Once the subject property is annexed,Property Owners shall comply with all ordinances,codes, resolutions or policies of the City,as such now exist or as amended or adopted in the future,including those related to the subdivision or zoning of land,except as expressly modified by this Annexation Agreement.This agreement shall not be construed as a limitation upon the authority of the City to adopt different ordinances,rules,regulations,policies or codes which change any of the provisions set forth in this Annexation Agreement so long as these apply to the City generally and not to the property specifically. VIL ASSIGNS Wherever used herein, the term "Property Owners" shall also include any heirs, successors, executors,personal representatives,transferees or assigns of the Property Owners and all such parties shall have the right to enforce and be enforced under the terms of this Annexation Agreement as if they were original parties hereto.This Agreement does not waive or release the Property Owners from any fees, requirements or standards applied in a like fashion to other similar developments in the City, VIII.RECORDING This Annexation Agreement shall be recorded in the real estate records of the Clerk and Recorder of Weld County and shall constitute a covenant running with the land and shall be binding upon all parties having any right,title or interest in and to the property.This Annexation Agreement shall be binding on future assigns and owners and all other persons who may purchase land described herein from the Property Owners or any persons hereinafter having any interest in the property. IX. AMENDMENTS This Annexation Agreement may be amended by the Property Owners or any subsequent owners of the property with the mutual consent of the City, and may be amended by the City with the mutual consent of the Property Owners or any subsequent owners of a part of the property without the consent of other subsequent property owners so long as such amendment affects only that owner's part of the property. Such amendment shall be recorded in the real estate records of the Clerk and Recorder of Weld County and shall be a covenant running with the land and shall be binding upon all parties having any right,title or interest in and to the property subject to the amendment unless otherwise specified in the amendment. X. HEADINGS The headings set forth in this Annexation Agreement are for reference only and shall not be construed as an enlargement or abridgement of the language of this Annexation Agreement. IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the day and year first above written. 3 b 'd 09E9-ESE (01.6] zaued utgoa g zua91d d10 :90 90 91 400 • The patties agree that facsimile signatures shall be deemed original. CITY OF GREELEY, COLORADO Albert Pad_ ;1+ GORPO,t� Printed ,�.: � Name: A1, 3e ez+ Pere t ?l >B Y: Robin erez • Oir® AL 9`��drh$• : Printed v444. S�� / .Q ' A Name: JIM )3rh -Pei tZ/ City4-rk APP r 1• • 4STJNCE: y B : C y • e4, APPR D AS TO EGA FORM: 9 /cct C ca-4( .•.2 By: 04- `7 v 'ect Ci tt mey a-. -CAE , AVAILABILITY FENDS: (Me w+ S ,f By: /tC cu”--occA f er Director of i ance `` kAntlb 0 a76 4 S 'd 0969-ESE (01,61 zauad utgoa R tuagJd dT0 :90 90 91 30❑ Inn Is 4 i e b V a o ti� je •SCONSIN REALTORS*ASSOCIATION Approved by Wisconsin Department of Regulation and Licensing VVV C1 111 '54 \ c 07-56 07— � 4601 Wisconsin s Run 3704 4-1-99(Optional Use Date) R Q J Madison, 53704 11-1-99(Mandatory Use Date) LWB-11 RESIDENTIAL OF ER TO PURCHASE ( Page 1 of 5 1 BROKER DRAFTING THIS OFFER ON o 6 I Co (. [DATE]I AGE T OF SELLE (AGENT OF BUYER)(DUAL AGENT) STRIKE TWO 2 [GENERAL PROVISIONS I The Buyer,., • I/� -)-- d' k 0 (04 .t..:3 I"Cizez.z \ 3 offers to purchase the Pro e kJ1y�wn as[StreetAddre s E0-4 ci \ f G�f �Gv,>,i� /iria 4 in the f //Q of ']GCr..-1.f , County of 3 Po 0, 13 5 Wisconsin(Insert additional descriptio if any,et liner 4" '" ^• ' ^^" -•attach as an addendum per link 316),on the following terms. 6 e PURCHASE PRICE: 7 J ti+0 firs -- dollars($-_ ). 8 ■ EARNEST MONEY of$ — accompanies this Offer and earnest i -- 9 will be paid within_ _days at acceptance. W_ ' ^^ 10 ■ THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided'below. 11 ■ ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer,free and clear 12 of encumbrances,all fixtures,as defined at lines 124- 1 2 [id as may be on the Pr perty on/the date of the Offer,upless excluded 13 at lines 15-16,and the Poll wingaddiittionalit ms: ,'c- kc1hc 'tc -Iry 4,1 cII 11afA;r1,1 FTlid 14 c/e'-rr r acva t,� lit?7/�C.C11/ e0le", S'S. r-n-..r -.o l nr egpD//rmcl.� - 15 ■ ITE S NOT CLUDED IN THE PURCHASE PRICE: fiZr, cj ,,a% t,"di /S//,/,,-, 16 17 ACCEPTANCE I Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer, including signatures on 18 separate but identical copies of the Offer. CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider 19 whether short term deadlines running from acceptance provide adequate time for both binding acceptance and performance. 20 LBINDING ACCEPTANCE I This Offer is bpding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or 21 before ''rC/sS 7.71-f A.te .1,) fJ 'G(O. CAUTION: This Offer maybe withdrawn prior to delivery of the accepted Offer. 22 I DELIVERY OF DOCUMENTS AND WRITTEN NOTICES 1 Unless otherwise stated in this Offer, delivery of documents and written notices 23 to a Party shall be effective only when accomplished by one of the methods specified at lines 24- 33. 24 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account 25 with a commercial delivery service, addressed either to the Party, or to the Party's recipient for delivery designated at lines 27 or 26 29 (if any)for delivery to the Party's delivery address lines 28 0 30. 27 Seller's recipient for delivery(optional): Lc C. Al4 e4sc- ca c13 T?EC 28 Seller's delivery address: j, £(14 4-ti o'T4',g- ay_ L. / 29 Buyer's recipient for delivery(optional): D,519 ("Aiit t?rf "1) a-ut 30 Buyer's delivery address: r'y]il 4- h14-e--- #16 et t ,e, %`/-l1 e ----- 31 (2)By giving the document or written notice personally to the Party,or the Party's recipient fordelivery if an individual is designated at lines 27or 29. 32 (3)By fax tpaqsmission of the document or written notice to the following telephone number: 33 Buyer: ( /A C-' ) 4/10 6 — / 1 7 7 Seller: (Cho ) C 6 7I tei 'c 34 OCCUPANCY I Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this Offer(lines 35 293 through 297). At time of Buyer's occupancy, Property shall be free of all debris and personal property except for personal property 36 belonging to current tenants, or that sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights,if any. 37 LLEASED PROPERTY I If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights under said 38 lease(s)and transfer all security deposits and prepai rents thereunder to Buyer at closing.The terms of the(wriften)-(oral), STRIKE ONE /74227t,39 lease(s),if any,are e' Jr./be /Ice l i 1-9 ere?_C77/r cL 40 I RENTAL WEATHERIZATION I This transaction is (is not) STRIKE ONE exempt from State of Wisconsin Rental Weatherization 41 Standards (Wis. Admin. Code Comm 67). If not exempt, (Buyer) (Seller) (STRIKE ONE I will be responsible for compliance, 42 including all costs. If Seller is responsible for compliance, Seller shall provide a Certificate of Compliance at closing. 43 LPLACE OF CLOSING'This transaction�to be clto—srpd t the place designated by Buyer's mortgage 44 no later than/J747 tJC'(7 /7 , O Cy unless another date or place is agreed to in writing. 45 I CLOSING PRORATIONSI The following items shall be prorated at closing: real estate taxes, rents, water and sewer se charges) 46 g bage pic -up an other pr'vate d unicipal charges, property owner's association assessments, fue� / //4 47 fare 7 'Aj.( G4 ti- income, taxes or expenses shall accrue to Seller, and be prorated, through the day 48 priofto closing. Net general real estate taxes shall be prorated based on (the net general real estate taxes for the cur kyear, if 49 known,otherwise on the net general real estate taxes for the preceding year)(' C 8 - 0 - -} 6 7- 50 ). STRIKE AND COMPLETE AS APPLICABL t 51 CAUTION: If proration on the basis of net general real estate taxes is not acceptable (for example, completed/pendin 7 52 reassessment, changing mill rate, lottery credits), insert estimated annual tax or other formula for proration. t 53 [PROPERTY CONDITION PROVISIONS I BD 54 ■ PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no not '= r l 55 or knowledge of conditions affecting the Property or transaction (see below) other than those identified in Seller's Real Estat M • v 56 Condition Report dated C1C' N C ikl-J which was received by Buyer priorr to Buyer signing this Offer and which is mad a part of thi 57 Offer b`��ference C MPLETE DATE OR STRIK AS APPLICABLE l jad 7z yQ &(j/' --c 58 (2y� OcC.z M.L- 58 l,L/ /A A., 3 Gam' , 4t-ere .y714---"---'INSERT CONDITIONS NOT ALREADY INCLUDED IN THE CONDITION REPORT ' 59 n A"condition affecting the Property or transaction" is defined as follows: [Page 2 of 5,WB-11j 60 (a) planned or commenced public improvements which may result in special assessments or otherwise materially affect the. 61 Property or the present use of the Property; 62 (b) completed or pending reassessment of the Property for property tax purposes; 63 (c) government agency or court order requiring repair, alteration or correction of any existing condition; 64 (d) construction or remodeling on Property for which required state or local permits had not been obtained; 65 (e) any land division involving the subject Property, for which required state or local approvals had not been obtained; 66 (f) violation of applicable state or local smoke detector laws; NOTE:State law requires operating smoke detectors on all levels 67 of all residential properties. 68 (g) any portion of the Property being in a 100 year floodplain,a wetland or a shoreland zoning area under local,state or federal laws; 69 (h) that a structure on the Property is designated as an historic building or that any part of Property is in an historic district; 70 (i) structural inadequacies which if not repaired will significantly shorten the expected normal life of the Property; 71 (j) mechanical systems inadequate for the present use of the Property; 72 (k) insect or animal infestation of the Property; 73 (I) conditions constituting a significant health or safety hazard for occupants of Property; Note: Specific federal lead paint 74 disclosure requirements must be complied with in the sale of most residential properties built before 1978. 75 (m) underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids including but not 76 limited to gasoline and heating oil which are currently or which were previously located on the Property; NOTE:Wis.Adm. Code, 77 Chapter Comm 10 contains registration and operation rules for such underground and aboveground storage tanks. 78 (n) material violations of environmental laws or other laws or agreements regulating the use of the Property; 79 (o) high voltage electric(100 KV or greater)or steel natural gas transmission lines located on but not directly serving the Property; 80 (p) other conditions or occurrences which would significantly reduce the value of the Property to a reasonable person with 81 knowledge of the nature and scope of the condition or occurrence. 82 ■ REAL ESTATE CONDITION REPORT: Wisconsin law requires owners of property which includes 1-4 dwelling units to provide 83 buyers with a Real Estate Condition Report. Excluded from this requirement are sales of property that has never been inhabited, 84 sales exempt from the real estate transfer fee, and sales by certain court-appointed fiduciaries, (for example, personal 85 representatives who have never occupied the Property). The form of the Report is found in Wis.Stat.§709.03. The law provides: 86 709.02 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of the contract of sale . . . , 87 to the prospective buyer of the property a completed copy of the report.. .A prospective buyer who does not receive a report within BB the 10 days may,within 2 business days after the end of that 10 day period,rescind the contract of sale . . . by delivering a written 89 notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if a Real Estate Condition 90 Report disclosing defects is fumished before expiration of the 10 days, but after the Offer is submitted to Seller. Buyer should 91 review the report form or consult with an attorney for additional information regarding these rescission rights. 92 ■ pROPERTY DIMENSIONS AND SURVEYS; Buyer acknowledges that any land,building or room dimensions,or total acreage 93 or building square footage figures, provided to Buyer by Seller or by a broker, may be approximate because of rounding or other 94 reasons, unless verified by survey or other means. Buyer also acknowledges that there are various formulas used to calculate 95 total square footage of buildings and that total square footage figures will vary dependent upon the formula used. CAUTION:Buyer 96 should verify total square footage formula, total square footage/acreage figures, land, building or room dimensions, if material. 97 ■ INSPECTIONS' Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the 98 inspections are reasonably necessary to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such 99 inspection reports to Seller, and to listing broker if Property is listed. Furthermore, Buyer agrees to promptly restore the Property 100 to its original condition after Buyer's inspections are completed, unless otherwise agreed with Seller.An "inspection'is defined as 101 an observation of the Property which does not include testing of the Property, other than testing for leaking carbon monoxide, or 102 testing for leaking LP gas or natural gas used as a fuel source,which are hereby authorized. • 103 e TESTING: Except as otherwise provided, Seller's authorization for inspections does not authorize Buyer to conduct testing of 104 the Property. A"test" is defined as the taking of samples of materials such as soils, water, air or building materials from the 105 Property and the laboratory or other analysis of these materials. If Buyer requires testing,testing contingencies must be specifically 106 provided for at lines 180- 186, 317 - 320 or in an addendum per line 316. Note:Any contingency authorizing such tests should 107 specify the areas of the Property to be tested,the purpose of the test,(e.g.,to determine if environmental contamination is present), 108 any limitations on Buyer's testing and any other material terms of the contingency (e.g., Buyer's obligation to return the Property 109 to its original condition). Seller acknowledges that certain inspections or tests may detect environmental pollution which may be 110 required to be reported to the Wisconsin Department of Natural Resources. 111 ■ PRE-CLOSING INSPECTION; At a reasonable time, pre-approved by Seller or Seller's agent, within 3 days before closing, 112 Buyer shall have the right to inspect the Property to determine that there has been no significant change in the condition of the 113 Property, except for ordinary wear and tear and changes approved by Buyer, and that any defects Seller has elected to cure have 114 been repaired in a good and workmanlike manner. 115 e pROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING' Seller shall maintain the Property until the earlier of closing 116 or occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer,except for ordinary wear and tear. 117 If, prior to closing, the Property is damaged in an amount of not more than five per cent(5%)of the selling price, Seller shall be 118 obligated to repair the Property and restore it to the same condition that it was on the day of this Offer. If the damage shall exceed 119 such sum, Seller shall promptly notify Buyer in writing of the damage and this Offer may be canceled at option of Buyer. Should 120 Buyer elect to carry out this Offer despite such damage, Buyer shall be entitled to the insurance proceeds relating to the damage 121 to the Property, plus a credit towards the purchase price equal to the amount of Seller's deductible on such policy. However,if this 122 sale is financed by a land contract or a mortgage to Seller, the insurance proceeds shall be held in trust for the sole purpose of 123 restoring the Property. 124 LFIXTURES1 A"Fixture" is defined as an item of property which is physically attached to or so closely associated with land or 125 improvements so as to be treated as part of the real estate, including, without limitation, physically attached items not easily 126 removable without damage to the Property, items specifically adapted to the Property, and items customarily treated as fixtures, 127 including, but not limited to, all: garden bulbs; plants; shrubs and trees; screen and storm doors and windows; electric lighting 128 fixtures;window shades;curtain and traverse rods; blinds and shutters; central heating and cooling units and attached equipment; 129 water heaters and softeners; sump pumps; attached or fitted floor coverings; awnings; attached antennas, satellite dishes and 130 component parts; garage door openers and remote controls; installed security systems; central vacuum systems and accessories; 131 in-ground sprinkler systems and component parts; built-in appliances; ceiling fans; fences; storage buildings on permanent 132 foundations and docks/piers on permanent foundations. NOTE: The terms of the Offer will determine what items are 133 included/excluded.Address rented fixtures (e.g., water softeners), if any. 134 PROPERTY ADDRESS: 61r •')M4/ Zi'A e Al, !// //%' M6O (page3d5,WB-11] 135 LT1ME IS OF THE ESSENCE "Time is of the Essence as to: (1)earnest money payment(s); )binding acceptance; (3)occupancy; 136 (4)date of closing;(5)contingency deadlines IWAS APR.ICABLE I and all other dates and deadlines in this Offer except: 137 Cr-"- O - . If"Time is of the Essence"applies 138 to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. If"Time is of the Essence"does not 139 apply to a date or deadline,then performance within a reasonable time of the date or deadline is allowed before a breach occurs. 140 LDATES AND DEADLINES Deadlines expressed as a number of "days' from an event, such as acceptance, are calculated by 141 excluding the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. 142 Deadlines expressed as a specific number of "business days' exclude Saturdays, Sundays, any legal public holiday under 143 Wisconsin or Federal law, and other day designated by the President such that the postal service does not receive registered mail 144 or make regular deliveries on that day. Deadlines expressed as a specific number of"hours"from the occurrence of an event,such 145 as receipt of a notice, are calculated from the exact time of the event, and by counting 24 hours per calendar day. Deadlines 146 expressed as a specific day of the calendar year or as the day of a specific event, such as closing,expire at midnight of that day. 147 THE FINANCING CONTINGENCY PROVISIONS AT LINES 149-163 ARE A PART OF THIS OFFER IF LINE 149 IS MARKED, 148 SUCH AS WITH AN"X". THEY ARE NOT PART OF THIS OFFER IF LINE 149 IS MARKED WA OR,IS/NOT MARKED} 149 ❑ FINANCING CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a 0077 !/ nhen"- 150 INSERT LOAN PROGRAM OR SOURCE]first mortgage ban commitme '-^d=cnibed below,within A 1 days of acceptance of this Offer. 151 The financing selected shall be in an amount of not less than $u _ r =for a term of not le-- 1S'r, 3C. years, 152 amortized over not less than years. Initial monthly payments of principal and interest shall not exceed$ . 153 Monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance premiums,and private 154 mortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee not to 155 exceecr ""° % of the loan. (Loan fee refers to discount points and/or loan origination fee, but DOES NOT include Buyer's 156 other closing costs.) If the purchase price under this Offer is modified,the financed amount, unless otherwise provided,shall be adjusted 157 to the same percentage of the purchase price as in this contingency and the monthly payments shall be adjusted as necessary to maintain 158 the�to and amortization stated above.CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 159 OR 160. 159 `FIXED RATE FINANCING: The annual rate of interest shall not exceed %. 160 J ADJUSTABLE RATE FINANCING:The initial annual interest rate shall not exceed %. The initial interest rate shall 161 be fixed for months,at which time the interest rate may be increased not more than _%per year. The 162 maximum interest rate during the mortgage term shall not exceed %.Monthly payments of principal and interest may 163 be adjusted to reflect interest changes. 164 LOAN COMMITMENT: Buyer agrees to pay all customary financing costs(including closing fees),to apply for financing promptly,and 165 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other 166 financing acceptable to Buyer,Buyer agrees to deliver to Seller a copy of the written loan commitment no later than the deadline for loan 167 commitment at line 150.Buyer's delivery of a copy of any written loan commitment to Seller(even If subject to conditions)shall satisfy 168 the Buyer's financing contingency unless accompanied by a notice of unacceptability. CAUTION:BUYER,BUYER'S LENDER AND 169 AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WITHOUT BUYER'S PRIOR 170 APPROVAL OR UNLESS ACCOMPANIED BYA NOTICE OF UNACCEPTABILITY. 171 , Fj I FR TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer if 172 Seller delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyer's written loan commitment. 173 FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already 174 delivered an acceptable loan commitment for other financing to Seller),Buyer shall promptly deliver written notice to Seller of same 175 including copies of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in this 176 Offer, Seller shall then have 10 days to give Buyer written notice of Seller's decision to finance this transaction on the same terms 177 set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly. If Seller's 178 notice is not timely given, this Offer shall be null and void. Buyer authorizes Seller to obtain any credit information reasonably 179 appropriate to determine Buyer's credit worttijness for Seller financing. , 180 ADDITIONAL PROVISIONS/CONTINGENCIES /' 6 - 5Ci set '/ q 1?? /t�h7tf�f'T.� 181 v 3 L E e_5 cry,/ a S/4_ 7- JT Cve 182 E r/la/t d /AI CL irN 711,$) /9 olc:b7 s v: firs_ c/ /;214.>-' A- alw<rt -J .UE+l//- % 183 P4c6)dr�- r �K )s ken. — Pit.e fld>..__. do 6c �f�'/re d 184 185 186 187 LTITLE EVIDENCE 188 • CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or 189 other conveyance as provided herein) free and clear of all liens and encumbrances, except municipal and zoning ordinances 190 and agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building 191 and use restrictions and covenants,general taxes levied in the year of closing 192 _ (provided none 193 of the foregoing prohibit present use of the Property), which constitutes merchantable title for purposes of this transaction. Seller 194 further agrees to complete and execute the documents necessary to record the conveyance. WARNING: Municipal and zoning 195 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses and therefore 196 should be reviewed,particularly if Buyer contemplates making improvements to Property or a use other than the current use. 197 a FORM OF TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount 198 of the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. CAUTION:IF TITLE 199 EVIDENCE WILL BE GIVEN BY ABSTRACT, STRIKE TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS. Page 4 of 5,WB-11 200 a PROVISION OF MERCHANTABLE TITLE: Seller shall pay all costs of providing title evidence. For purposes of dosing, title 201 evidence shall be acceptable if the commitment for the required title insurance is delivered to Buyer's attorney or Buyer not less 202 than 3 business days before dosing, showing title to the Property as of a date no more than 15 days before delivery of such title 203 evidence to be merchantable, subject only to liens which will be paid out of the proceeds of closing and standard title insurance 204 requirements and exceptions, as appropriate. CAUTION:BUYER SHOULD CONSIDER UPDATING THE EFFECTIVE DATE OF 205 THE TITLE COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT"WHICH WOULD INSURE OVER LIENS FILED 206 BETWEEN THE EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED. 207 e TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of objections to title 208 by the time set for closing. In such event, Seller shall have a reasonable time, but not exceeding 15 days,to remove the objections, 209 and the time for closing shall be extended as necessary for this purpose. In the event that Seller is unable to remove said 210 objections, Buyer shall have 5 days from receipt of notice thereof, to deliver written notice waiving the objections, and the time for 211 dosing shall be extended accordingly. If Buyer does not waive the objections, this Offer shall be null and void. Providing title 212 evidence acceptable for closing does not extinguish Seller's obligations to give merchantable title to Buyer. 213 ■ SPECIAL ASSESSMENTS: Special assessments, if any, for work actually commenced or levied prior to date of this Offer shall 214 be paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION:Consider a special agreement 215 if area assessments,property owner's association assessments or other expenses are contemplated. "Other expenses" are one-time charges 216 or ongoing use fees for public improvements (other than those resuiting in special assessments) relating to curb, gutter, street, 217 sidewalk,sanitary and stormwater and storm sewer(including all sewer mains and hook-up and interceptor charges), parks,street 218 lighting and street trees, and impact fees for other public facilities, as defined in Wis. Stat. §66.55(1)(c)&(0. 219 DELIVERY/RECEIPT` Unless otherwise stated in this Offer,any signed document transmitted by facsimile machine(fax)shall be treated 220 in all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shall be 221 considered an original signature. Personal delivery to,or actual receipt by,any named Buyer or Seller constitutes personal delivery to, 222 or actual receipt by Buyer or Seller. Once received,a notice cannot be withdrawn by the Party delivering the notice without the consent 223 of the Party receiving the notice. A Party may not unilaterally reinstate a contingency after a notice of a contingency waiver has been 224 received by the other Party.The delivery/receipt provisions in this Offer may be modified when appropriate(e.g.,when mail delivery is not desirable 225 (see lines 24-30)or when a party will not be personally available to receive a notice(see line 286)). Buyer and Seller authorize the agents of 226 Buyer and Seller to distribute copies of the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement 227 service providers for the transaction as defined by the Real Estate Settlement Procedures Act(RESPA). 228 LDEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions 229 of this Offer. A material failure to perform any obligation under this Offer is a default which may subject the defaulting party to liability 230 for damages or other legal remedies. 231 If Buyer defaults, Seller may: 232 (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or 233 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to 234 return the earnest money and have the option to sue for actual damages. 235 If Seller defaults, Buyer may: 236 (1) sue for specific performance; or 237 (2) terminate the Offer and request the retum of the earnest money, sue for actual damages, or both. 238 In addition,the Parties may seek any other remedies available in law or equity. 239 The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the 240 discretion of the courts. If either Party defaults,the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead 241 of the remedies outlined above. By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those 242 disputes covered by the arbitration agreement. 243 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ THIS DOCUMENT 244 CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM 245 GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING. AN 246 ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED. 247 LEARNEST MONEY 248 ■ HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the trust account of the listing broker(buyer's 249 agent if Property is not listed or Seller's account if no broker is involved), until applied to purchase price or otherwise disbursed as 250 provided in the Offer. CAUTION: Should persons other than a broker hold earnest money,an escrow agreement should be drafted by the Parties 251 or an attorney. If someone other than Buyer makes payment of earnest money,consider a special disbursement agreement 252 a DISBURSEMENT: If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after 253 clearance from payor's depository institution if earnest money is paid by check) to the person(s)who paid the earnest money. At 254 dosing, earnest money shall be disbursed according to the closing statement. If this Offer does not close, the earnest money shall 255 be disbursed according to a written disbursement agreement signed by all Parties to this Offer (Note: Wis. Adm. Code s. RL 256 18.09(1)(b)provides that an offer to purchase is not a written disbursement agreement pursuant to which the broker may disburse). 257 If said disbursement agreement has not been delivered to broker within 60 days after the date set for dosing, broker may disburse 258 the eamest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller, (2) 259 into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order, or (4) any 260 other disbursement required or allowed by law. Broker may retain legal services to direct disbursement per (1) or to file an 261 interpleader action per(2)and broker may deduct from the earnest money any costs and reasonable attorneys fees, not to exceed 262 $250, prior to disbursement. 263 ■ LEGAL RIGHTS/ACTION: Broker's disbursement of earnest money does not determine the legal rights of the Parties in 264 relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to 265 disbursement per(1) or(4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or 266 Seller disagree with broker's proposed disbursement, a lawsuit may be filed to obtain a court order regarding disbursement. 267 Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of residential property with 1-4 268 dwelling units and certain other earnest money disputes. Buyer and Seller should consider consulting attorneys regarding their 269 legal rights under this Offer in case of a dispute. Both Parties agree to hold the broker harmless from any liability for good faith 27D disbursement of earnest money in accordance with this Offer or applicable Department of Regulation and Licensing regulations 271 concerning earnest money. See Wis.Adm. Code Ch. RL 18. 272 ENTIRE CONTRACT i This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller regarding 273 the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds and inures to 274 thebenefit of the Parties to this Offer and their successors in interest. • J • // ,275 PROPERTY ADDRESS: y D CG6 ,...4 ///..e ti,, (/t // o_ c/ I$ L2A[page 5 of 5,WB-11] 276 OPTIONAL PROVISIONS: THE PROVISIONS ON LINES 278 THROUGH 317 ARE A PART OF THIS OFFER IF MARKED,SUCH AS WITH AN"X". 277 THEY ARE NOT PART OF THIS OFFERIF MARKED WA OR ARE LEFT BLANK(EXCEPT AS PROVIDED AT LINES 280.281). 278 ❑ SALE OF BUYER'S PROPERTY CONTINGENCY: This Offer is contingent upon the sale and dosing of Buyer's property 279 located at , no later than 280 . Seller may keep Seller's Property on the market for sale and accept secondary offers. If this contingency is 281 made a part of this Offer, lines 282-286 are also a part of this offer unless marked N/A at line 282 or otherwise deleted. 282 C CONTINUED MARKETING: If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer of 283 acceptance. If Buyer does not deliver to Seller a written waiver of sale of Buyer's property contingency and 264 [INSERT OTHER 285 REQUIREMENTS, IF ANY (e.g., PAYMENT OF ADDITIONAL EARNEST MONEY, WAIVER OF ALL CONTINGENCIES, OR PROVIDING 286 EVIDENCE OF SALE OR BRIDGE LOAN,etc.)]within hours of Buyer's actual receipt of said notice,this Offer shall be null and void. 287 ❑ SECONDARY OFFER: This Offer is secondary to a prior accepted offer. This Offer shall become primary upon delivery of 288 written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer notice prior to any 289 deadline, nor is any particular secondary buyer given the right to be made primary ahead of other secondary buyers. Buyer may 290 declare this Offer null and void by delivering written notice of withdrawal to Seller prior to delivery of Seller's notice that this Offer 291 is primary. Buyer may not deliver notice of withdrawal earlier than days after acceptance of this Offer. All other Offer 292 deadlines which are run from acceptance shall run from the time this Offer becomes primary. 293 ❑ PRE/POST CLOSING OCCUPANCY: Occupancy of shall be 294 given to Buyer on at am/pm. (Seller)(Buyer) STRIKE ONE shall pay an 295 occupancy charge of$ per day or partial day of pre/post-dosing occupancy. Payment shall be due at the beginning of the 296 occupancy period.My unearned post closing occupancy fee (shall)(shall not) IKE ONE be refunded based on actual occupancy. 297 C UTION: Consider a special agreement regarding occupancy escrow,insurance, utilities,maintenance,keys, etc. 298 INSPECTION CONTINGENCY: This'Offer is contingent upon a Wisconsin registered ome inspector performing a home 299 inspection of the Property, and an inspection, by a qualified independent inspector, of .s+n e-eiln r---• 300 which discloses no defects as defined below. This contingency 301 shall be deemed satisfied unless Buyer, within 7.9 —days of acceptance, delivers to Seller, and to listing broker if Property is 302 listed, a copy of the inspector's written inspection report(s) and a written notice listing the defect(s) identified in the inspection 303 report(s)to which Buyer objects. CAUTION:A proposed amendment will not satisfy this notice requirement.Buyer shall order 304 the inspection and be responsible for all costs of inspection, including any inspections required by lender or as follow-up inspections to 385 the home inspection. Note: This contingency only authorizes inspections, not testing. (See lines 97 - 110.) 306 St RIGHT TO CURF:Sefle (( ay)(shaLLnG -8tRTKE ONEI have a right to are the defects.(Seller shall have a right b are if no choice is indicated.) 307 If Seller has right to cure,Seller may sa&y this contingency by.(1)delivering a written notice within 10 days of receipt of Buyer's notice of Sellers election 308 to cure debc5,(2)curing the defects in a good and workmanlike manner and(3)defrvering to Buyer a written report detailing the work done no later than 309 3 days prior to dosing.This Offer shall be null and void if Buyer makes timely delivery of the above notice and report and:(1)Seller does not have a right 310 to cure or(2)Seller has a right to cure but a)Seller delivers notice that Seller will not cure or b)Seller does not timely deliver the notice of election to one. 311 at "DEFECT" DEFINED: For the purposes of this contingency, a defect is defined as a structural, mechanical or other condition 312 that would have a significant adverse effect on the value of the Property;that would significantly impair the health or safety of future 313 occupants of the Property; or that if not repaired, removed or replaced would significantly shorten or have a significant adverse 314 effect on the expected normal life of the Property. Defects do not include structural, mechanical or other conditions the nature and 315 a ent of which Buyer had actua00,46.12n-4e l�knowledge or written o ce of re-signi t[ii Offer. A �J 316 ADDENDA: The attached 1.O,46.-/,n-�(y7/�7 (h fr/zip d''h,S c1L,, . /7- �1—J� is/ 1e ade. art of this Offer. 317 ADDITIONAL PROVISIONS/CONTINGENCIES cr �Yve. /.- --u Q 57.-ro G L - 4 y 318 P>2 fW- -8n - AS- Lug — i.4_1_ e e- elero/ 5y CJ2.- 319 320 �� // /J 321 Thi. Offer - e . ;. on e - e_ e by[Licensee and firm] PT))�/C/I9j /v -4 3r 322 323 Buy-, gna Print flame Here. �/ ~v pear R. Thcf2.ea— Social Security No.or FEIN ♦ /� Dale 324 x) !f, . - cn , n fir,rZ 5:S -le c a19 j) (o -/X-DL 325 -auyers -- • ♦Pint Name Here:► Social Security No.or FEIN ♦ Date 326 EARNEST 111 E R CEIPT Br era %�Owledges receipt of earnest mone p? ine o thr 'e Offer. (See lines 247-271.) 327 77+A, /-4 (* '.-* Broker (By) W�/�7 / ) �t/n 328 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER 329 SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON 330 THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER. 331 (x) 332 Seller's Signature A Print Name Here:► Social Security No.or FEIN A Date 333 (x) 334 Seller's Signature A Print Name Here:► Social No.or FEIN Date 335 This Offer was presented to Seller by C yb d r c e4 4 sr.-� on b/ i /c 4 , a(' / m./p.m. 336 THIS OFFER IS REJECTED THIS OFFER IS COUNTERED[See attached counter] 337 Seller Initials A Date• Seger Weak♦ Data A REALTORS ASSOCIATION OF NORTHEAST WISCONSIN Page 1 of 3,2006 W5124 Aerotech Drive Appleton,Wisconsin 54914 ADDENDUM A TO OFFER TO PURCHASE 1 This Addendum is mad,� part of theAliffer to Pur hase dated (a:. /$� C ( m(Oyer), dg by th9 undersigned Buyer with respect to the 2 Property located at (.090 Cam{,/(;h.'17 L /s--i O > ti ( .4 sconsin (Property). PARAGRAPHS 3 PRECEDED BY A BOX ARE OPTIONAL AND ARE A PART OF THIS ADDENDUM ONLY IF MARKED, SUCH AS WITH AN'X'. a ADDITIONAL TAX PRORATION PROVISIONS: s INDIVIDUAL PROPERTY REASSESSMENT: If the Property has been or is reassessed (other than an area-wide or general municipal 6 reassessment)prior to closing,the basi 'proration shall be:The cu assessment times the current mill rate. r AREA WIDE OR GENERAL R SSMENT: If an area-wid general municipal reassessment has been co or is pending, a and the current year's re not available,the tax prora' will be determined by using this formula: ce,multiplied by the percent 9 of fair market vale ed by the assessor in the prior year, multiplied by the prior year's mill e. This formula also shall be used if both 10 an individual pr rty assessment and an area wide or general reassessment have occurred. CAUTION: Buyer is informed that the 11 actual real estate taxes for the year of closing and subsequent years may be substantially different than the amount used for 12 proration. Buyer is encouraged to contact the local assessor regarding possible tax changes. 13 HOME WARRANTY PROGRAM : MARK OPTION WHICH APPLIES 14 O:The parties do not want a limited home warranty plan. is YES: A limited term home warranty plan agreement shall be provided at closing. The charge for the warranty shall be paid by 16 (Buyer)(Seller) STRIKE ONE up to a maximum amount of$ . If the charge for the plan exceeds this amount Buyer shall be 17 responsible for any additional premium costs. The charge includes the full amount of all fees due and payable and the costs of inspection and is administration.The warranty plan will be purchased through the(listing)(cooperating) STRIKE ONE broker. Buyer and Seller understand 19 and consent to the fact that a portion of the charge may be paid to such broker. Buyer is advised that a home inspection may detect pre-existing 20 conditions which may not be covered under the warranty plan. 21171LOTTERY TAX CREDIT: The real estate tax proration shall be computed afore)(after) STRIKE ONE deduction of the lottery 22 credit The lottery credit for the current year shall be used if known,otherwise the lottery credit from the prior years tax bill shall be used. 23 n DISCLOSURE OF PERSONAL INTEREST,FEES AND PROFITS: Buyer and Seller are informed and consent to the fact that the real 24 estate agency or licensee listed below also may receive certain fees,profits,or other benefits from this transaction as a result of the following 25 personal or financial interests in the transaction or in an entity providing products and/or services related to the transaction; CHECK ONE 26 Listing Firm' Selling Firm Other . OWNERSHIP INTEREST: 27 OTHER INTEREST: 2e n SALE OF BUYER'S PROPERTY/SUBJECT TO SALE: CHECK LINE 33 OR 49,AS APPLICABLE NOTE:If either of the following 29 contingencies are selected,do not check the other contingency or the sale of buyer's property contingency in the Offer. 30 Buyer's obligation to purchase the Properly is contingent upon the sale and successful closing of Buyer's property at 31 which is marketed by 32 for a minimum gross sale price of$ 33 0 NO ACCEPTED OFFER ON BUYER'S PROPERTY OR ACCEPTED OFFER WITH CONTINGENCIES OTHER THAN FINANCING. 34 There(is)(is not) STRIKE ONE an accepted offer on Buyer's property. Seller may keep the Property on the market for sale and shall 35 have the unrestricted right to accept by signature any secondary offer,and may give Buyer written notice of any such acceptance. This Offer 36 shall be null and void and Buyershall be deemed conclusively to have forfeited and released any interest in the Property unless Buyer,prior 37 to such notice or within hours of Buyers actual receipt of such notice, delivers to Seller additional eamest money of 3a $ and one of the following:(1)written notice from Buyer that this Offer is not subject to the sale or successful closing of Buyer's 39 property described above and that Buyer is waiving all financing contingencies and making the Offer a cash offer(which notice shall not be valid 40 unless itis accompanied by writtenverification that Buyer has financing which is not contingent on the sale of Buyer's property or another acceptable 41 source of the funds necessary to close this transaction);or(2)written proof(a copy of the purchase contract or other evidence)that all contingencies 42 (other than any financing contingency)in the purchase contract for Buyer's property have been properly removed or satisfied. If Buyer satisfies the 43 requirements of(2)above,this contingency shall be deemed modified and shall be subject only to the successful rinsing of Buyer's property on 44 or before the dosing date in this purchase contract If this contingency is modified per line 41 and Buyer's property does not close on or before the 45 closing date specified in the purchase contract,or if the purchase contract for Buyer's property becomes null and void for any reason,Buyer will 46 promptly notify Seller and Seller shall have the right to declare this Offer null and void. NOTE:Buyer may not unilaterally waive this contingency 47 withoutcomplying with requirement(1)or(2)at fines 38 and 41 above. Strike next sentence if not applicable. Otherthan eamestmoney, 48 Offer deadlines measured from acceptance shall be measured from the time Buyer has complied with either requirement(1)or(2)above. 49 0 ACCEPTED OFFER ON BUYER'S PROPERTY- CONTINGENCY FREE OR SUBJECT ONLY TO FINANCING/NO BUMP CLAUSE. 50 Buyer represents that there is a purchase contract for Buyer's property with all contingencies(other than financing) satisfied, and with a Si closing on or before . Buyer shall provide Seller with a copy of the purchase 52 contract and written proof that all contingencies(other than financing)have been properly satisfied or waived within days of 53 acceptance,or Seller shall have the right to declare this purchase contract null and void by written notice to Buyer. If Buyer's property does 54 not close on or before the closing date for this transaction or if the purchase contract for Buyer's property becomes null and void,Buyer shall 55 promptly notify Seller, and Seller shall have the right to declare this contract null and void. • • • Page 2 of 3,2006 Addendum A 56 + CLOSING AND ESCROW FEE(S): Buyer shall pay fees charged by the closing/escrow agent providing Buyer's Mortgage Closing n Services. In the event an escrow is required,the Party required to escrow funds shall arrange for the preparation of the escrow agreement sa and pay the fees charged by the escrow agent. s9 • PERSONAL PROPERTY: My personal property included in this transaction is deemed to be of no monetary value unless otherwise 60 indicated in the Offer. All personal property is transferred "as is"without any warranty as to condition or operation. 61 • MUNICIPAL REPORT/CODE COMPLIANCE: Seller agrees to provide Buyer, and Buyer's lender's closing agent if applicable,with a 62 written statement verifying the status of real estate taxes, current or planned special assessments,and other municipal charges affecting 63 the Property,if such a statement is available from the municipality in which the Property is located. This statement shall be provided prior 64 to closing,at Seller's expense.Seller also agrees,at Seller's expense,to provide at or before closing all required municipal Certificates of as Compliance,Occupancy Permits,and any other documents/approvals required at the fime of sale by applicable municipal code(s)including, 66 but not limited to, documentation of compliance with Clear Water and/or Back Flow Protection ordnance requirements. n • ZONING AND BUILDING RESTRICTIONS,COMPREHENSIVE PLANS AND NON-CONFORMING PROPERTY:Zoning and building sa restrictions currently affect the use of the Property.Annexations and comprehensive plans may affect the future use or value of the property 69 by influencing future development (residential, commercial, transit systems, storm water management systems, etc.) in the county and 70 municipality.Buyer is advised that the municipality in which the Property is located likely has existing zoning and building restrictions and may 71 have developed a"Comprehensive Plan."Buyer is informed that some properties are considered legal non-conforming properties which no 72 longer conform to current zoning due to changing building regulations,restrictions,and lot size requirements. Restrictions on non-conforming 73 properties may affect Buyer's ability to build,rebuild,remodel,replace,enlarge or use an existing structure(consider special hazard insurance 74 if Property is non-conforming). Buyer is encouraged to contact the appropriate municipal authorities regarding existing zoning and building is restrictions,potential future annexations and possible comprehensive plans,if these issues are material to Buyer's decision to purchase. r6-• FLOOD PLAINS/wETLANDS: Buyer is aware that flood plain and wetland areas are difficult to identify, even when using available n floodplain and wetland maps. Buyer is encouraged to consult with appropriate government officials if such information is material to Buyer. 39 If Buyer's lender requires flood plain insurance,Buyer agrees to pay the cost of the flood plain insurance. 79 •TITLE INSURANCE/ABSTRACT/GAP INSURANCE: It is recommended that Buyer or Buyer's attorney contact the title company issuing ao the title insurance commitment to determine what documentation is required to remove certain exceptions from the commitment(or policy e1 when issued). Buyer is aware that the current title commitment does not include Gap coverage for any title defects that occur after the date 82 of the commitment,but prior to the recording of the deed received by Buyer. Buyer is aware Buyer may obtain this insurance coverage at 83 an additional cost. g4 •HAZARDOUS SUBSTANCES:The parties are aware that the news media and other public information sources indicate that lead,arsenic, as radium,solvents,pesticides,radon gas,asbestos,lead-based paint,mold and other toxic substances and chemicals within a structure,or in 86 soils,or in public and private drinking water(see:http://wuw.dnr.state.wi.us/orglwater/dwg),can cause serious health hazards. Seller represents 87 that,to the best of Seller's knowledge,the Property does not contain any condition constituting a significant health hazard,unless otherwise as indicated on Seller's Real Estate Condition Report or other written disclosures provided to Buyer. Buyer is encouraged to inspect and test the ag Property with respect to these substances and to consult with the appropriate experts,as necessary, regarding these issues. 90 a UNDERGROUND(UST)AND ABOVE GROUND STORAGE TANKS:Unless otherwise indicated in the Seller's Real Estate Condition 91 Report, Offer to Purchase and/or any attached addenda,the Seller is not aware of any USTs or above ground storage tanks currently or az previously located on the property or of any contamination related to such tanks. 93 s BASEMENT FUEL OIL TANKS: If there is an abandoned basement fuel oil tank on the Property,Seller shall,prior to closing,comply 94 with all applicable state regulations. This Offer is contingent upon Seller confirming to Buyer in writing,at least five days prior to closing, as that any abandoned basement fuel oil tank has been emptied and cleaned in conformance with applicable state standards and that all 96 required notices and registrations have been completed. Seller shall give Buyer copies of any documents confirming Seller's 97 representations before closing. ga • BUYER'S RESPONSIBILITY TO ASCERTAIN CONDITION OF THE PROPERTY/MATERIAL FACTORS: Buyer acknowledges that it 99 is Buyer's responsibility to make certain that the Property is in a condition that Buyer finds acceptable. The parties acknowledge that real 100 estate licensees are not experts with respect to construction techniques or building materials and the parties are advised to consult and 101 rely on the opinions of appropriate experts. Buyer should be satisfied that Buyer knows how various factors will affect the Property, 102 including,but not limited to,proximity to public transportation,airport overlay restrictions,airport noise,traffic noise,special health concems 103 of family members,vehicle or boat traffic,possible future assessments for public improvements,lake flies,ice shoves,manufacturing noise, 104 area odors,existing or abandoned landfills and/or quarries, parks,public trails and other conditions. Buyer acknowledges that Buyer has tos made such independent inquires as Buyer deemed necessary concerning material factors. Buyer acknowledges that Buyer has not relied 106 upon any statements or representations by Seller or any real estate agent regarding conditions or occurrences affecting the Property or 107 transaction unless such statements or representations are contained in this Offer,are incorporated by reference into this Offer or have 109 otherwise been provided to the Buyer in writing. 109 • INSPECTIONS,TESTS,APPRAISALS,AND OPINIONS:Real estate agent(s)may fumish a list of independent inspectors/testers to the 110 Seller/Buyer. Unless provided in writing,no representation has been made as to the competency of the inspectors/testers.The Party designated 111 as responsible for obtaining an inspection shall be solely responsible for determining the qualifications of the inspector/tester, In the event any 112 inspection or test is ordered on behalf of the Seller/Buyer by a broker in the transaction,the Parties agree to hold the broker harmless for any 113 damages or liability resulting from the inspection or test,other than that caused by the broker's negligence or intentional wrongdoing.Seller is 114 aware and agrees that Buyer or Buyer's representatives may be present at inspections and tests.Buyer may receive copies of certain inspection, 115 test,appraisal or other reports prepared for other persons. Buyer should carefully review these reports to determine the age and purpose of 118 the report and the standards of practice followed by the individual preparing the report.It is recommended that Buyer have the Property inspected 117 by a Wisconsin registered home inspector or other qualified independent inspector/tester(for inspections/tests other than a"home inspection"). 136 • SHARED DRIVEWAY: If there is a shared driveway affecting the Property,this Offer is contingent upon Seller, at Seller's expense, 119 providing Buyer with a copy of a shared driveway agreement no later than(5)five days before closing. The agreement shall provide that 120 the parties to the agreement share equally in the rights and obligations relating to the shared driveway, including use and maintenance. 121 This contingency shall be deemed satisfied unless Buyer,within five days of receipt of the agreement, delivers to Seller a written notice 122 listing the defects in the agreement. Upon receipt of said notice Seller then shall have ten days to cure the defects and the time for closing 123 shall be extended accordingly. If the agreement is not of record, it shall be provided in recordable form,with recording fees to be Seller's 124 expense. • • Page 3 of 3,2006 Addendum A 125 ■LOT SIZE,BOUNDARIES,DRAWINGS,SREfCHES,DIAGRAMS AND SURVEYS: Buyer is advised that any drawing,sketch,diagram .126 or survey of Property which may be given to the Buyer are for general information purposes ONLY. Buyer should verify lot size,location 127 of boundaries,location of improvements,existence and location of easements,possible encroachments,elevation(s),or other factors about 128 the Property, if material to Buyer's decision to purchase. 129 The title insurance company may accept an ALTA survey for deletion of the boundary/lot line exception from the title policy. 130 n MAP OF THE PROPERTY:This Offer is contingent upon(Buyer obtaining)(Seller providing) STRIKE ONE a map of the Property 131 prepared by a licensed land surveyor,within days of acceptance, at(Buyer's)(Seller's) STRIKE ONEJ expense. The map shall 132 identify the legal description of the Property, the Property's boundaries and boundary line dimensions,visible encroachments upon the 133 Property, the location of improvements, if any, and: 134 STRIKE AND COMPLETE AS APPLICABLE) Additional map features which may be added include, but are not limited to, specifying how 135 current the map must be; staking of all corners of the Property; identifying dedicated and apparent streets,lot dimensions,total acreage 136 or square footage,easements or rights-of-way. CAUTION: Consider the cost and the need for map features before selecting them. 137 The map shall show no significant encroachment(s)or any information materially inconsistent with any prior representations to Buyer.This 138 contingency shall be deemed satisfied unless Buyer,within five days of the earlier of: 1)Buyer's receipt of the map,or 2)the deadline for 139 delivery of said map, delivers to Seller,and to listing broker if Property is listed,a copy of the map and a written notice which identifies the 140 significant encroachment or the information materially inconsistent with prior representations. 141 n UNDERGROUND STORAGE TANKS(UST): Seller is aware of: CHECK AS APPLICABLE I ❑ (USTs) currently on the 142 Property. ❑ (USTs) removed from Property in the past. ❑ Any contamination related to USTs on the Property. 143 If there is an underground storage tank on the Property, Seller shall, prior to closing, comply with all federal, state and local regulations 144 regarding the tank,including state tank registration and abandoned tank closure requirements,unless the estimated cost of complying with 145 such requirements exceeds$ ,in which case Seller may elect to declare this Offer null and void. Buyer's obligation 146 to purchase the Property is contingent upon Seller confirming to Buyer, in writing, at least five(5)days prior to closing, that any in-use 147 underground storage tank is registered and meets current state operating standards;and that any abandoned underground storage tank 148 was properly cleaned and closed in conformance with state standards in effect at the time of closure and that Seller had no knowledge of 149 any contamination detected upon closure. Seller shall give Buyer copies of any documents confirming Seller's representations regarding 150 any tank. After closing Buyer shall re-register any USTs on the Pro n Buyr(i's name. 151 ��I TESTING CONTINGENCY:This Offer is contingent upon lcf ccgtaiai Seller providing) STRIKE ONE a current written report 152 documenting the results of the following test(s): k c c4 c )--J' 153 within days of acceptance,at(Buyer's)(Seller's) STRIKE ONE expense.This testing contingency shall be deemed satisfied unless 154 Buyer,within five days of the earlier of:1)Buyer's receipt of the test reports(s)or 2)the deadline for delivery of said report(s),delivers to Seller iss and to listing broker if Property is listed,a copy of the test report(s)which identifies defect(s),and a written notice identifying the defect(s)to 156 which Buyer objects. Seller(shall)(shall not) STRIKE ONE have the right to cure.(Seller shall have a right to cure ifno choice is indicated.) 157 If Seller has the right to cure,Seller may satisfy this contingency by(1)delivering a written notice of Seller's election to cure within 10 days of Ise receipt of Buyer's notice;(2)and by curing the defects in a good and workmanlike manner and by giving Buyer a report of the work done prior 159 to closing.This Offer shall be null and void if Buyer makes timely delivery of the above notice and report and(1)Seller does not have the right 16o to cure;or(2)Seller has a right to cure but:a)Seller delivers notice that Seller will not cure orb)Seller does not timely deliver the notice of 161 election to cure. A defect is defined as a structural,mechanical or other condition that would have a significant adverse effect on the value of 162 the Property;that would significantly impair the health or safety of future occupants of the Property;or that if not repaired,removed or replaced 163 would significantly shorten or have a significant adverse effect on the expected normal life of the Property. Defects do not include structural, 164 mechanical or other conditions the nature and extent of which Buyer had actual knowledge or written notice before signing the Offer. 16s NOTICE:You may obtain information about the sex offender registry and persons registered with the registry by contacting the Wisconsin 166 Department of Corrections on the Internet at http://www.widocoffenders.org or by phone at 877-234-0085 167 BUYER'S TITLE:Buyer is advised to promptly consult legal counsel regarding how Buyer is to take title to the Property(marital property,joint 168 tenants,tenants in common,etc.).Wisconsin law prohibits real estate brokers from advising buyers regarding how title should be taken. 169 INSURABILITY OF PROPERTY: The availability and cost of property and/or homeowners insurance may be determined by numerous 170 factors, including,but not limited to,buyer's credit history(credit score), buyer's insurance claims history,condition of property, the type 171 of electrical service on the Property,and the history of prior claims on the Property.The Parties acknowledge that real estate icensees are 172 not experts with respect to insurance and are advised to contact their insurance agent as to requirements for obtaining insurance. 173 ADDR7ONAL PROVISIONS: 174 175 176 177 READING/UNDERSTANDING: By initialing below each Party acknowledges receipt of a copy of this Addendum and that he/she 178 has,read carefully and fully understands all of the provisions of the Offer, addenda and other documents incorporated into the 179 Offer. BUYER AND SELLER ARE ADVISED THAT THIS ADDENDUM CONTAINS STANDARD PROVISIONS WHICH ARE NOT 180 APPROPRIATE IN ALL TRANSACTIONS. NO REPRESENTATION IS MADE AS TO THE LEGALITY OF ANY PROVISION OR THE set APPROPRIATENESS OR ADEQUACY OF ANY PROVISION IN A SPECIFIC TRANSACTION. BUYER AND SELLER ARE ENCOURAGED 182 TO CONSULT WITH THEIR OWN LEGAL COUNSEL REGARDING THE INTERPRETATION, LEGALITY, APPROPRIATENESS OR 183 ADEQUACY OF THE PROVISIONS OF THIS ADDENDUM. 184 The P nowledge that the to ess of this Addendum are incorporated into and made a part of the Offer. Seller's initials shall not ies cons t t e ceptance or o - dispos 'e of the Offer,which disposition shall be as indicated on the Offer itself. 166 (X) ' ) 4J-(, -(,'(C (X) (x) 187 Buyer's Initials♦ Date♦ - r's ni0als♦ Dale A Seller's Initials♦ Date♦ Sellers Initials A Dale♦ Drafted by Attomey Richard Staff Copyright 2006 REALTORS°Association of Northeast Wisconsin and Wisconsin REALTORS'Association REALTORS.ASSOCIATION OF NORTHEAST WISiSIN W6124 Aerotech Drive Appleton;Wisconsin 54914 ADDENDUM B TO OFFER TO PURL SE I 1 This Addendum s made part of the Offer to Pyrchase dated ,/l V/12 (Offer)made by the undersigned Buyer with respect to the 2 Property at & G CO` TA- L. A. C- A-4 i 4- r--- , Wisconsin (Property). PARAGRAPHS 3 PRECEDED BY A BOX ARE OPTIONAL AND ARE A PART OF This ADDENDUM ONLY IF MARKED, SUCH AS WITH AN"X". 4 WELL WATER/WELL SYSTEM/PRIVATE SANITARY SYSTEM CONTINGENCY:I CHECK AS APPLICABLE I 5 6.WELL WATER CONTINGENCY: This Offer is contingent upon Buyer receiving, (no later than a/days after acceptance)(c le- late _ en I STRIKE ONE I a current report from a state-approved or other 7 qualified lab which indicates that the well(s) is/are supplying yrater which is bacteriologically safe (of the Coliforrn group) for all human a consumption and that the concentrations of 0 nitrates, arsenic, I Nitrates and Arsenic tests only included if checked 9 and 10 (Note:insert other substances which may effect the safety of drinking ii water such as:microbiological,inorganic or organic substances;pesticides;herbicides;radium, radionuclides;metals, etc.(See DNR Web 12 site:http://www.dnr.state.wi.us/org/water/dwg/priweltp.htm))in the water are less than the maximum health-related level established 13 by federal or state laws regulating public water systems. (Buyer) Seller STRIKE ONE shall be responsible for obtaining the report(s), 14 including all costs,and agrees to promptly provide copies of all such well water reports received to all other Parties, including listing and is selling,broker(s). All water samples used for testing shall be taken by a licensed plumber or other independent,qualified per on. 16 'WELL SYSTEM INSPECTION CONTINGENCY: This Offer is contingent upon Buyer receiving(no later than a/days after 17 acceptance)(no.IateFfhen da ., , .7 i STRIKE ONE I,a current report from a licensed is well driller,a licensed pump installer,or a master plumber competent to inspect well systems,which indicates that the well and pressure 19 system conform to the code in effect at the time they were installed and are not disapproved for current use.(Buyer)(Seller) STRIKE ONE 20 shall a responsible for obtaining the report,including all costs. 21 PRIVATE SANITARY SYSTEM INSPECTION CONTINGENCY: This Offer is contingent upon Buyer receiving(no later than- 22 days after acceptance)(no latelthan-- - STRIKE ONE I, a current report 23 from a county sanitarian,licensed master plumber,licensed master plumber-restricted sewer,licensed plumber designer,licensed engineer, 24 licensed POWTS inspector,licensed pl ;rig inspector II or a certified soils tester,which indicates that the private sanitary system is not 25 disapproved for current use. (Buyer el STRIKE ONE shall be responsible for obtaining the report,including all costs other than 26 pumping. The private sanitary system is to be pumped at time of inspection at Seller's expense. 27 SATISFACTION/RIGHT TO CURE: Each contingency selected above(well water,well system or private sanitary system) shall be deemed 28 satisfied unless Buyer,within five days of the earlier of: 1)Buyer's receipt of the applicable water,well or sanitary system report(s)or 2)the 29 deadline for delivery of said report(s) (Note: (2)is not applicable when Seller is providing report(s)),delivers to Seller and Seller's agent, 30 a copy report(s)and a written notice stating why the report(s)do(es)not satisfy the standard set forth in the contingencyQes)selected. 31 Seller hall) shelknot)I STRIKE ONE I have the right to cure.(Seller shall have the right to cure if no choice is indicated.)If Seller has 32 the right cure,Seller may satisfy this contingency by(1) delivering a written notice of Seller's election to cure within 10 days of receipt 33 of Buyer's notice; (2) and by curing the defects in a good and workmanlike manner which satisfies the standard set forth in the above- 34 selected contingency and by giving Buyer a report of the work done prior to closing.This Offer shall be null and void if Buyer makes timely as delivery of the above notice and report and(1)Seller does not have the right to cure;or(2)Seller has the right to cure but: a)Seller delivers as notice that Seller will not cure;orb)Seller does not timely deliver the notice of the Seller's election to cure.A private sanitary system defect 3r may be cured only by repairing the current private sanitary system or by replacing the current private sanitary system with the same type 38 of system which meets the standard stated above, unless otherwise agreed to in writing. CAUTION:A proposed amendment will not as satisfy this notice requirement. 40 ACTIVE OR ABANDONED WELLS: Seller represents that to the best of Seller's knowledge: CHECK AS APPLICABLE 41 *There is an active w j ing the Property. The well and all related equipment(is)(is not) STRIKE ONE located entirely on the 42 Property. The well(ie)(s not) STRIKE ONE I a shared well. If the well is a shared well this Offer is contingent upon Seller, at Seller's 43 expense,providing Buyer ' a copy of an acceptable shared well agreement no later than(5)five days before closing. This contingency 44 shall be deemed satisfied unless Buyer,within five days of receipt of the agreement,delivers to Seller a written notice listing the defects 45 in the agreement to which Buyer objects. Upon receipt of said notice Seller shall then have ten days to cure the defects and the time for 46 closing shall be extended accordingly. If the agreement has not already been recorded, it shall be provided in recordable form, with 47 recording fees to be Seller's expense at closing. 48 0 There is an abandoned well on the Property. If an abandoned well on the Property has been closed, Seller shall provide Buyer with 49 acceptable documentation that the closure was in compliance with the applicable codes in effect at the time of closure. If an abandoned well 50 on the Property has not been closed in compliance with all applicable codes,Seller agrees to do so prior to closing at Seller's expense. s1 SANITARY DISTRICT SEWER CONSTRUCTION: Buyer is informed that the Property may be located within an established sanitary district. 2 Buyer may be subject to taxes,special assessments or other charges for sewer planning or construction,user fees and related costs. Buyer 53 is encouraged to contact officials of the sanitary district to inquire about such costs. 54 READING/UNDERSTANDING: By initialing below,each Party ackrlowledges receipt of a copy of this Addendum and that he/she has read 55 it carefully and fully understands all of the Offer,Addenda and any other documents incorporated into the Offer. BUYER AND SELLER 55 ARE ADVISED THAT THIS ADDENDUM CONTAINS STANDARD PROVISIONS WHICH ARE NOT APPROPRIATE IN ALL TRANSACTIONS. 57 NO REPRESENTATION IS MADE AS TO THE LEGALITY, APPROPRIATENESS OR ADEQUACY OF ANY PROVISION IN A SPECIFIC se TRANSACTION. BUYER AND SELLER ARE ENCOURAGED TO CONSULT WITH THEIR OWN LEGAL COUNSEL REGARDING THE 59 INTERPRETATION,LEGALITY,APPROPRIATENESS OR ADEQUACY OF THE PROVISIONS OF THIS ADDENDUM. so The Parties agk owledge that the terms of this Addendum are incorporated into and made a part of the Offer. Seller's initials shall not constitute 61 the a e r other disposition rsp of the Offer,which disposition - s indicated on the Offer itself. 62 (X) �"t o �X)) X) 1' (.1 H &L' (X) 63 Buyer's lniti IsA Dates Buyer's InitialsA Dates Se -- alss Dates Seller's InitialsA Dates Dratted by Attorney Richard Staff Copyright May 2002 REALTORS°Association of Northeast Wisconsin and Wisconsin REALTORS°Association MAY-31-2006 02 :21 PM GEFJALES 520ill 5607 P- 03 May 30 O6 oeiaOp Cyn'�!a M. Patt erson •�� • - WISRONSIM REALTOR11pASSPaIgnoN Co{dwell Beaker The R E Group-Green • 4801 Forest Pain Road Madison,Wlscansln 5370a OFFER ADDENDUM S -LEAD BASED PAINT DISCLOSURES AND ACKNOWLEDGMENTS Page 1 of 3 4 et LEAD WARNING STATEMENT: Every purehaser of any interest In reeldentiel real property on which a 2 residential dwelling was built prior to 1978 is notified that such property may present exposure to teed from 3 lead-based paint that may place young children at risk of developing lead poisoning, Lead poisoning In 4 young children may produce permanent neurological damage, including leaming disabilities, reduced 5 Intelligence quotient, behavioral problems, and Impaired memory. Lead poisoning also poses a particular 9 risk to pregnant women, The seller of any Interest In residential real property is required to provide the 7 buyer with any information on lead-baud point hazards from risk assessments or inspections In the ti seller's possession and notify the buyer of any known lead-based paint hazarda. A risk assessment or 9 Inspection for possible lead-based paint hazards is recommended prior to purchase. to Drscbsttes and Acknowledgments made with respect to the Property at 540 Coughlin. Road, bePorei 11 ,Waconeln. 12 in SELLER DISCLOSURE AND CERTIFICATION, Note:See Seller Obligations at Ilnes 27.S4 and 55.112. 13 (1) SELLER DISCLOSURES: (a) Seller hereby represents that Seller has no knowledge of any Pad-based paint or 14 lead-based paint hazards(collectively referred to as LEP)present in or OA the Property except 1Eaawlp¢ea IC IS (Explain the information known to se* rnduding any additional Information available about the basis for the determination 17 that LAP exists in or on the Property, the location of any LEaP,and the cond#lon at painted stalaces,or indicate'none.') to (b) Seiler hereby confirms that Seller has provided tie Buyer with the following records and reports which comprise all 19 of the reports and records evatable to Seller pertaining to lead-based paint or lead-based paint hazards(LEP) in or on the Property: 20 No teats (Identify the i.r `recordfs)and reports)(e.g.LBP abatement& 22 inspections, reductions, risk assessments, etc, as defined at Base 89 . 107) provided to Buyer, or indicate 'none available, 23 (2) SELLER CERTIFICATION: The undersigned Seiler fins reviewed the dnfonnation above and certifies, to the best of their 24 knowledge,teat the information provided by them is true and accurate, r 06!01/) 24 (A L ere signatures)). Aunt lianas Nee poem, and nab esrondale, (Date)s 27 Beller Obligations under the Federal Lead-Based Paint Disclosure Rules 28 (Based-upon 40 CFR Chapter I, Part 745, subpart F, §§745.103, 745.107, 745.110, 745.113 &745.115; and 24 CFR subtitle A, 29 Part 35, Subpart H, §§35.86, 35.88, 35.99, 35.02 & 35.04, which all are coilecively referred to In this Addendum as Federa LBP Law.) 30 DISCLOSURE REQUIREMENTS FOR SELLEI26. (a) The following activities snail be completed before the Buyer is obligated 31 under any contract to purchase target heeling that Is not aterwtse en exempt transaction pursuant to Federal Law. Nothing In this 32 sector implies a positive obligation on the Seller to conduct any risk assessment at Ior Inspectbn or any reduction activities. 34 (1) Provide t,$P_parrtnhlet to Bever. Toe Seiler shall provide the Buyer with an EPA-approved lead hazard information M porn et, Such pamphlets include the EPA document entitled Prefect Your Fernily From Lead In Your Home (EPA 35 #747-K-94•B01)or an equivalent pamphlet that has been approved for use in this state by EPA. 35 (2) Disclosure of Known LBP to Buyer. The Salle that disclose to ale Buyer the presence at any known lead-based 31 paint and/or lead-based paint hazards in the taget 'lousing being sold The Salter shall eke) diatdose any additional 38 intonation available concerning the known lead-based ,rent and/or bad-based paint hazards, such as the basis for the 3e determination that lead-baseu paint arc/or lead-based paint hazards exist, the location of lead-based paint and/or lead-baled 40 paint hazards,and the condition of panted surfaces(chipping,cracked,peeling;. 41 (3) Dlsobsure of Mown LB_P. S LBP Records to Aggj The Senor shall disclose to each agent the presence of any 11 mourn !sad-bases paint and/or lead-based pint hazards in the target housing being acid end the existence of any available d3 records Of reports pertaining to lead-based pant aedict lead-based pant hazards. The Seller shall also disclose any 44 @doll9enal iNermalbn available concerning the known lee.d-based paint and/or lead-based paint hazards, seen as the basis 45 for the determination that lead-based mint and/or lead-based paint hazards exist the location of lead-based paint and/or 46 lead-based paint hazards,and the Condition of the painted surfaces(chipping,cracked, peeling). 47 (4) Provision of Avetat+la LAP Ra�rdL,& Reports to Buser. The Sailer dial rovide the Buyer with any revues or reports 45 evalable (see line 88) to the Seiler pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold, 48 This requitement Includes records or reports regarding comnitln man, This requirement also includes records or reports —50 regarding other residential dwellings in multifamily target housing, provided that such information Is part of a risk assessment and/or 51 inspection Dr a reducton of lead-based paint and/or lead-based paint hazards In the target housirlg as a whole, 52 (b) Diselosurt Prior ft Acceptance of Nee If any of the disclosure activities Identified in lines 30.51 occurs after the Buyer 53 11913 provided an offer to purchase the housing, the Stellar shall complete the required of5closure uctivttles prier to accepting 54 the Buyer's der and allow the Buyer an opportunity to review the bdormailon and possibly amend the offer Cnlew.11 Banks The R F Gump-Omen Bpi 262`S Wcbper Ave, Greer Bay tot 54301-2271 PP:no:19-0)331 4906 Pay; 042.01337--2045 'tntihia Pinar on.Senior At,, P,oduca4 wqN CpFo,nab t'Ra roncsNet.LW 15026 Finf m We Road.Mir io'Township,Mlrai Ta91399hztx P Ban 4@Oise 4?`�+n1' iPrombSVar page 2 of 3,Addendum S 55 a CERTIFICATION AND ACKNOWLEDGMENT OF LBP DISCLOSURE. (a) Seller requirements. Each contract to sell target 56 housing shall include an attachment or addendum containing the following elements, in the language of the contract(e.g., English, 57 Spanish): 58 (1) Lead Waminq Statement.A Lead Warning Statement consisting of the following language: 59 Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified so that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead 61 poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, 62 reduced intelligence quotient, behavorial problems, and impaired memory. Lead poisoning also poses a particular risk to 63 pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on 64 lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the buyer of any known 65 lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to 66 purchase. 67 (2) Disclosure of Known LBP & LBP Information Re: the Property. A statement by the Seller disclosing the presence of 68 known lead-based paint and/or lead-based paint hazards in the target housing being sold or indicating no knowledge of the 69 presence of lead-based paint and/or lead-based paint hazards. The Seller shall also provide any additional information 70 available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination 71 that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint 72 hazards, and the condition of the painted surfaces(chipping,cracked, peeling, dust, etc.). 73 (3) List of Available LBP Records & Reports Provided to Buyer. A list of any records or reports available to the Seller 74 pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the Buyer. If no 75 such records or reports are available,the Seller shall so indicate. 76 (4) Buyer Acknowledgment of Receipt of Disclosures, Records & Pamphlet. A statement by the Buyer affirming receipt 77 of the information set out in lines 67-75 and a lead hazard information pamphlet approved by EPA. 78 (5) Buyer Acknowledgment of Receipt of Opportunity for LBP Inspection. A statement by the Buyer that he or she has either. 79 (i) received the opportunity to conduct the risk assessment or inspection required per lines 123- 127; or(H)waived the opportunity. 80 (6) Agent Certification. When one or more real estate agents are involved in the transaction to sell target housing on 81 behalf of the Seller, a statement from each agent that: (i) The agent has informed the Seller of the Seller's obligations under 82 Federal LBP Law; and (H) the agent is aware of his or her duty to ensure compliance with Federal LBP Law. Agents ensure 83 compliance by informing Seller of his or her obligations and by making sure that the Seller or the agent personally completes 84 the required activities. Buyer's agents paid solely by Buyer are exempt. 85 (7) Signatures. The signatures of all Sellers and Buyers, and all agents subject to Federal LBP Law (see lines 80 - 84) 86 certifying to the accuracy of their statements to the best of their knowledge, along with the dates of the signatures. 87 a DEFINITIONS: 88 Available means in the possession of or reasonably obtainable by the Seller at the time of the disclosure. 89 Abatement means the permanent elimination of lead-based paint and/or lead-based paint hazards by methods such as so removing, replacing, encapsulating, containing, sealing or enclosing lead-based paint with special materials, in conformance 91 with any applicable legal requirements. 92 Buyer means one or more individuals or entities who enter into a contract to purchase an interest in target housing (referred 93 to in the singular whether one or more). 94 Inspection means: (1) a surface-by-surface investigation to determine the presence of lead-based paint, and (2) the provision 95 of a report explaining the results of the investigation. 96 Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square 97 centimeter or 0.5 percent by weight. 98 Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated 99 soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces too that would result in adverse human health effects as established by the appropriate Federal agency. 101 Reduction means designed to reduce or eliminate human exposure to lead-based paint hazards through interim controls, 102 abatement,etc. 103 Risk assessment means an on-site investigation to determine and report the presence of lead-based paint, and to evaluate 104 and report the extent, nature, severity, and location of lead-based paint hazards in residential dwellings, including: (1) 105 information gathering regarding the age and history of the housing and occupancy by children under 6; (2) visual inspection; 106 (3) limited wipe sampling or other environmental sampling techniques; (4) other activity as may be appropriate; and (5) 107 provision of a report explaining the results of the investigation. 108 Seller means one or more individuals or entities who transfer, in return for consideration, (1) legal title to target housing, in tog whole or in part; (2) shares in a cooperatively owned project; or (3) an interest in a leasehold (referred to in the singular 110 whether one or more). tit Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless 112 any child who is less than 6 years of age resides or is expected to reside in such housing) or any 0-bedroom dwelling. Produced with ZipForm""by RE ForrnsNet,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 www.=form.corn T4953996.ZFX • ! [page 3 of 3,Addendum 5] 113 ® AGENT(S)ACKNOWLEDGMENT AND CERTIFICATION. 114 (1) ACKNOWLEDGMENT: All agent(s) in this transaction subject to Federal LBP Law (see lines 80 - 84) hereby 115 acknowledge that: (1) the Seller was informed of his or her obligations under the Federal LBP Law (see lines 27 - 54 and 55 - 116 112);and (2)they are aware of their duty to ensure compliance with the requirements of Federal LBP Law. 117 (2) CERTIFICATION: The undersigned agents have reviewed the information above and certify, to the best of their 118 knowledge,that the information provided by them is true �and //acccuur�ate. 119 (X) 0 (1 t PM-it rJl/` `) C13 f�'L C met 06/01/2006 120 (Agent's si a e) A Print Agent&Fi ames Here Cynthia Pattyerssoonn, CBTREG, Inc. �� (Date) A 121 (� / /4 St/✓ �� 71-sl t 7�w� 4,0,./ ' > G/a6/t 122 (Age signature) s Print Agent&Firm Names Here 4 ih >J ' Sipe: (Date) 1231®BUYER'S OPPORTUNITY TO CONDUCT AN EVALUATION LBP Inspection Contingency). (a) Before a Buyer is 124 obligated under any contract to purchase target housing, the Seller shall permit the Buyer a 10-day period (unless the parties 125 mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of 126 lead-based paint and/or lead-based paint hazards. (b) Not withstanding lines 123 - 126, a Buyer may waive the opportunity 127 to conduct the risk assessment or inspection by so indicating in writing. 128 m BUYER INSPECTION CONTINGENCY,ACKNOWLEDGMENT AND CERTIFICATION. 129 (1) LEAD-BASED PAINT INSPECTION CONTINGENCY: [Buyer to check one box at lines 131, 147 or 148. If no box is 130 checked, Buyer is deemed to have elected a 10-day contingency per lines 131 -146.] 131 0 LEAD-BASED PAINT INSPECTION CONTINGENCY: This Offer is contingent upon a federal or state certified lead 132 inspector or lead risk assessor conducting an inspection or risk assessment of the Property, at Buyer's cost, which discloses 133 no lead-based paint and/or lead-based paint hazards (see lines 96 - 100) (collectively referred to as LBP). This contingency 134 shall be deemed satisfied, and Buyer will have elected to take the Property "as is" with respect to LBP, unless Buyer, within 135 days of acceptance, delivers to Seller a copy of the inspector's or risk assessors written report and a written notice 136 listing the LBP identified in the report to which the Buyer objects. Buyer agrees to concurrently deliver a copy of the report 137 and notice to the listing broker,if any. 138 RIGHT TO CURE: Seller (shall)(shall not) STRIKE ONE have a right to cure [if neither struck, Seller shall have the right to 139 cure]. If Seller has the right to cure, Seller may satisfy this contingency by: (1) delivering, within 10 days of receipt of Buyer's 140 notice, written notice of Seller's election to abate the LBP identified by the Buyer; and (2) providing Buyer, no later than 3 days 141 prior to closing, with certification from a certified lead supervisor or project designer, or other certified lead contractor that 142 the identified,LBP has been abated. This Offer shall be null and void if Buyer makes timely delivery of the above notice and 143 report and: (1) Seller does not have a right to cure or (2) Seller has a right to cure but: a) Seller delivers notice that Seller will 144 not cure or b) Seller does not timely deliver the notice of election to cure. "Abate' shall mean to permanently eliminate the 145 identified LBP by methods such as removing, replacing, encapsulating, containing, sealing or enclosing the identified LBP, 146 in conformance with the requirements of all applicable law. 147 0 Buyer elects the LBP contingency Buyer has attached to this Addendum S. 148'Buyer waives the opportunity for a LBP inspection or assessment. 149 (2) BUYER ACKNOWLEDGMENT: Buyer hereby acknowledges and certifies that Buyer has: (a) received the Seller's 150 above-listed disclosures, reports and records concerning any known LBP in or on the.Property (see lines 12 - 22); (b) received 151 a lead hazard information pamphlet approved by the EPA; and (c) received the opportunity to conduct a LBP risk assessment 152 or inspection of the Property or has waived the opportunity(see fines 131 -148 above). • .153•(3)•PUYER CERTIFICATION: The undersigned Buyer has reviewed the information above and certifies, to the best of their .•154:k]r6wledge,that the information provided by them is true and accurate. '.'.155. •' :':'15&••••:(,ALL Buyers'signatures)A Print Names Here (Date) A Copyright©2002 by Wisconsin REALTORS®Association Drafted by Attorney Richard J.Staff No representation is made as to the legal validity of any provision or the adequacy of any provision in any specific transaction. Produced With ZipFonn''by RE FormsNet,LLC 18025 Fifteen Mlle Road,Clinton Township,Michigan 48035 www.zioform.com T4953996.ZFX MAY-31-2006 02 :23 PM GE DALES 520-r�7 5607 P. 04 May 3O 06 ❑8: 35p Chia M. Patterson aeon , .- WISCONSIN RFALTOR9®ASBOCIATION REAL ESTATE CONDITION REPORT Caldwell Banker T7lsB E Grasp-Graas 4801 Forest Run Road 1 of 2 Madison.Weeorein 50704 DISCLAIMER A. THIS CONDITION REPORT CONCERNS TIE REAL PROPERTY LOCATED AT 640 CoUnt.Y Line Bead (STREET ADDRESS)IN THE vsllrepo (C:TY)(VILLAGE)(TOWN)CF Hobert COUNTY OF Brawn ,STATE OF WISCONSIN, TI-PS REPORT IS A DISCLOSURE OF THE CONDITION OF THAT PROPERTY IN COMPLIANCE WITH SECTION 709.02 OF THEWISCONSIN STATUTES AS OF__ June (MONTH), , 01 (DAY), 2006(YEAR). IT IS NOT A WARRANTY OF ANY KIND BY THE OWNER OR ANY AGENTS REPRESENTING ANY PRINCIPAL IN THIS TRANSACTION AND IS NOT A SUBSTITUte FOR ANY INSPECTIONS OR WARRANTIES THAT TAE PRINCIPALS MAY WISH TO OBTAIN. OWNER'S INFORMATION B 1. In this torts,"am ewers"means to have notice or knnwisdge.In this form."defect means a condition that would have a significant adverse afloat on the value of the property;that would significantly Impair the :loalth or safety of future occupants of the Piopartf at that If net repaired,removed of replaced would significantly shorten or adversely affect the expected normal life of the premises. B.2. The owner decimate the following information with the knotiledge that.even though this is not a warranty,DrespeCttva buyers may rely on this information In deciding whether and en what hernia fa purchase the property. The Owner hereby authorizes any agent representing arty ednclgal In this transaction ts provide a copy of this Statement,and to nasalise any inflrmation in the statement,to any parson in cornec(ion with any actual or anticipated sale of the properly. e.3. The owner represents that to the beat of his or her lmowlec:ge the responses to the following statements have been accurately notes as"yes'. 'no"or"not applicable"to the property being sold, if the owner reap,ids to any statement with"Hie".the Owner shall provide,In the add tional Information area of this form,an e7Rttenatlon at the reason why the responae to(tat elatenr)f It'yes". 8.4. If the transfer is at a condominium unit the property to which this form 'polies Is the rettdOmtnllm unt, the common elements of the condominium and oily hmkad common elements that may be used only by the owner Of the condominium unit being transferred. See PROPERTY CONDITION STATEMENT'S* Exports yea No N/A Report C.1. I em aware of defects in the root, --" 0.2. I em aware Of defeats In the electrical system, __. C.a. I am aware of defects in pert Of the plumbing system(Incrusting the water heater,water softener and — swlmming goon that Is Included In the sale GA. I err Aware of defects in the heating and air aondltio ring system (Including the ale 51Srs and ..— humidifei). C.5. I em aware of detects h the well.including unaete well watts, _t C.e. I am aware that atm property Is served by a Paint wet. -- • --. -- C.7. I am aware of defects In the septic system or other sanitary disposal system- C.P. I ant aware of underground ar aboveground fuel storage tanks on or pre+4ouelyloeered On the propany, _., �— (If"yea",the owner,by law,may have lO register the tank.:with the department of commerce at P.O. Box 7070, Madison, Wisconsin, 53707, whether the tarka are in use or noL Regulations of the •depadmant of commerce rosy require the°inside or removal of unused tanks). �,t C.9. I am aware of an "LP" tank on the property. (If yea", npaolfy in The additional Information apace _rte whether or not the owner of the property either Owna Or lamas the tank). 0.10. I ant aware of defects in the basement or1oandetl('n(Inducting net,seepage And bulges).Other _1_ _.... — basement detests might Include,but are not limited to,hooting,exhume dampness or wet walls, unsafe Cmncensaaons of mold,or defects In drain HNng or OITA aumpe C.11. I am aware that the property Is located in a hoodplain,wedznd or Moreland zoning area. ,_ — -- C.12, I am Swart of defect;¢t the structure of he property. ..IL. -- 0.13. I am aware of defects In meChanbel equipment Include'. In the sale ether a9 fixtures or personal propedy. C.14. I ant aware of boundary or lot line disputes. encroach.nents or encumbrances (Including a laird driveway). C.15. I am aware of a defect caused by unsafe concentrations of, or uneafa conditions relating to, radon. — radium In water micelles,lead In paint,lead In salt lead in water supplies or plumbing system or other potentially hazardous or toxic substances on the pram's.re 31/0h defects might also 60 Caused by unsafe levels Of mold, C.18. I em aware Of the presence of pebestes or asbestos-conteiiiing magnate on the premises. C.17. I am aware of a defect caused by unsafe concentrations of unsafe condition')misting tie,Or the storage _ of,hazardous or taxle substances on neiphbofing propertie.,. C.'•S. Iammawareofcurrentorprevioustertrdte,povdeepostbee7eorcarpenterantinfestations. — .. ___ C.15. I am aware of defects in a woodbuming stave or fireplace or of defects caused bye Ire In a stove or __ X ..� fireplace or elsewhere on the property, C,25. I an aware either that remodeling affecting the property'?saucture or mechanical systems was done at ._.___ . than additions to this properly were made during my period N ownership without the required permits. .,Lutist naudsesse_tneuIi rp mnnlrn nbnmrinnr nr mrnnninnr it 1h Pl&mc:(920)338-0900 Fat (920)537-20H Cynthia P merlon,Senior Asso T49539962FX Proaucad with titForn"by RE FormsNeL LLC 10025 finnan Milo Road.Clinton Towmnhlp,Mtrtlgen 49055 Slatninfennfarp MAY-3.1-2006 02 :23 PM GERO ES 520 2B7 07 P. 05 May 3O 06 08: 36p Cynthtiii . Hatterson sown,. — Zgrz V.La. I Have,ewnenr.....,w.,,r.,,.,.. ._,........ • .-� J._ pending property reassessment --- 0.23. I am aware that remodeling that may increase the property's l messed value wee done. — _ _X-- -- 0.24. I am aware of proposed or pending special assessments. —. 0,25 I am aware at the proposed construction of a public protect that may affect the use of the property.l; stela C 26. violations or nonconforming usesy,e "tnr another use of with others, zoning — _� ,ghts-of wway,easements pen of the property by nonavners,other than recorded laity easements. _Y..— _— — C37. I am aware of other defects affecting the property, ADDITIONAL INFORMATION — -- D.1. I am aware that a structure on the property Is designated as a historic building or that part of the property is In a historic district. 7g (2Q ^ . �_ -- ai b. Land sold with the property has been assessed as agnc.:rlturiil land Under Wm Star § _� (use-value with the pt has been assessed a primly under Ws. Stet. §70.32(2) (usewvelue .--- D.r.o. Lend sold with the pmpaM assessment). - - D.i,d. Land sold with the property has been assessed a stoney under We. Stat. §70.32(4) (use•vaue — essessmem)which hes been deferred. TThhee use value assessment system Value Lew, That the the assessed valuesed vaitie of lo!pneultura)land is based on the inricultural land Is based an its use vacomn theatecould be generated from Its rental for agricultural use. When a person converts agrculurat land to a non-agricultural use(e.g.,residential, commercial.mcrestlan,etc.),the? person may owe a penalty, ro obtain more adormetion a)oUt the use value law orpenally,at B please =tact theXrsconsin Department Of RevenueaEquaMxsUonBureau at(hdp:/Maw+.der.state.wl.u:✓�r+tacnstfbfmf)or by ph O.i.e. I am aware of the presence of unsafe levels of mold,or roc: basement, window or plumbing leeks,or — —_ ovarfrow(min sinks, bathtubs or sewers, or other water or;noisture intrusions or tendltians that might initiate the growth of unsafe levels of mold. o.2. The owner has lived on the property for _--- years, C.l1. ,B ,u C,o,,." ,� aS._.�—.- D.3. — ErMonadon of"vas"retooling* (See B.3.)- fAar :1- -. &151---.— i/� ..- C /.r ante Gia/f1!'°/fsr Correction*Noti oU may obtain ennin at http7fl about the sax offender registry ghy ph and and t persons 877-2 registered with the registry by contacting the Wisconsin Department of On E OWNER'S CER11FiCATION The owner certifies that the Information in ells report Is true and corns to the best of the owner's knowledge as of the date on which the owner signs this report ,__I The undersigned owner believes he or she is not subject to Wisconsin Standee Chapter 708, but is complcking this report on a voluntery balls. According/y., buyer weed have no rescission rights based on this report.(Check it applicable) NOTE Wisconsin Stalute§709.035 requires owners who pear toacc once; obtain information WhlAh would change a'aspens, on title report, to submit a new report or en amended report to the prospective buyer. Own �• Date 'f' rx—_ Owner Date ,_ .•-- r J3:1�'t.o to _.-1 n\1\jce Owner Date Owner • F. CERTIFICATION BY POISON SUPPLYING INFORMATION A person other than the owner certifies that he or she has supplied :nformatlon on which the owner relied for this report and that informatlon is true and correct to the best of that parson's knowledge as of the date on which the person signs this report. Parson —_ Items.._— Data Person _ Items___Date _.-- Person — Items—..— Dote —.'. Person _ Items— Date G. NOTICE REGARDING ADVICE OR INSPECTIONS nnr`r-nm„m ni ivon min TNFr�`�nu�FT Mt� Y @7qq��T�pR(]FESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS INAA V, t ,9 t6rl'VVt Inravi rain n-•,, .....I I... .0.. .....•a-a, '.'•... DEFECTS OR WARRANTIES, BUYER'S ACKNOWLEDGMENT HA. THE PROSPECTIVE MAY BE REQUIRED TO DETECT BY PROFESSIONAL C RTAIN D FE TS SUCH AS THE PR SENCE OF ASBESTOS, BUILD NGCO E INSPECTORS VIOLATIONS AND FLOODPUUN STATUS. •••4J.:2.'J•ACKNDWL.EDGE RECEIPT OF A COPY OF THIS STATEME;FT. Rf spa.• ' Buyer ...._ Date _ _.._— Prospective Buyer_ —. Date ..�--. v Buyer __ __ _ Date _ .__.r Prospective Buyer ___ — Date :•• ,••art i ion a 'n Liao io this REAL ESTA ESONOITION REPORT it,Ayrody_gt a suaplementat nutQ( . .Ls not tied 9f in@ REAL •gmetconicitTION REW8T required moon!to Section 709,..0;guhallsconaln statutes, •'47rjerlettb December 2002 by Wisconsin REALTOM4ib ASSOCIATION Dre:ted by:Attorney Rknard J.Staff • • • •'No tep;0ientation is made as to the legal validly of any provision or the adequacy of any provision In any specific transastlon q_Iy5399d.ZFX Produced with ZipForm^"by RE Retread,LLC 16025 Posen mite Road,Clinton Township,Michigan 48035 \suessa plot ma= WISCONSIN REALTORS®ASSOCIATION seD 4801 Forest Run Road Approved by the Wisconsin Department of Reg and Licensing • Madison,Wisconsin 537O4 7-1-99(Optional Use Date) 1-1-00(Mandatory se Date) WB-40 AMENDMENT TO OFFER TO PURCHASE 0 Caution: Use A WB-40 Amendment If Both Parties Will Be Agreeing To Modify The Terms Of The Offer. Use A WB-41 Notice If A Party Is Giving/A Notice Which Does Not Require The Other Party's Agreement i Buyer and Seller agree to amend the Offer dated to. .'A is , ,and accepted """- -' ,for 2 the purchase and sale of real estate at C' 4'0 ' Cr' ' `f ,c J. //, „• 7"_ 3 ' as follows: 4( )Closing date is changed from to . 5( ) Purchase price is changed from$ to$ . 6( )Occupancy date is changed from to . 7( )Occupancy charge is changed�from$ to$ . 8(4 )Other: Li / F•, / cp4 " f h":.4. ..a 1)0 L` et7,, f C0777ir/ E7,,.: /--a.. 9 4 ( 1";/C Gf ... .f,—O Vii`€ �f�" �...- . .14 r -1`2 f%'C,•i J /A: .f A": ,r—e'.,c,l'c�...._ 10 1.1 4¢_- r r�';r, s tin. /�.c 1 f -' -/ --. ,/, is: . "c r J '" f a A•,r, / .4„,...4..., / 12 13 14 15 .. 16 17 8 19 �\ 20 21 ��22 23 %."-., 24 `^-, - 25 �` 26 27 28 29 30 31 32 33 ALL OTHER TERMS OF THE OFFER TO PURCHASE AND ANY PRIOR AMENDMENTS REMAIN THE SAME. 34 This Amendment is binding upon Seller and Buyer only if a copy of the accepted Amendment is delivered to the Party offering 35 the Amendment on or before —77..,,,,c c. —3c ?.• e. v e, . C' (Time is of the Essence). 36 Delivery of the accepted Amendment may be made in any manner specified in the Offer to Purchase, unless otherwise 37 provided in this Amendment. NOTE: The Party offering this Amendment may withdraw the offered Amendment prior 38 to acceptance and delivery as provided at lines 34 to 37. r 39 This Amendment was drafted by A ircseAi f! '1 CAA f`.;, ,terevu on V I11Ffr`.lb 40 Licensee and Firm A 'Date• 41 This.Antendment%as ppese fed by, —_ on . 42 i r, t; t( ' \ j Licensee and Firm A Date A 43 ......,41/111 1 /y, LP') 1/4" ,. .. 44 Buyers Signature♦ 0 Date A Buyer'sSignature (C - Date 45 46 Seller's Signature A Date♦ Seller's Signature A Date NOTE:ATTACH THIS AMENDMENT TO THE OFFER TO PURCHASE. WISCONSIN REALTORS®ASSOCIATION • 4801 Forest Run Road Approved by the Wisconsin Department of Reg n and Licensing Madison,Wisconsin 53704 7-1-99(Optional Use Date) 1-1-00(Mandatory Use Date) WB-40 AMENDMENT TO OFFER TO PURCHASE Caution:Use A WB-40 Amendment If Both Parties Will Be Agreeing To Modify The Terms Of The Offer. Use A WB-41 Notice If A Party Is Giving A Notice Which Does Not Require The Other Party's Agreement I Buyer and Seller agree to amend the Offer dated `. / /* s.'� , , , and accepted `--"-`--' ,for 2 the purchase and sale of real estate at t!t 9 C) C G v k• '1—• //,L ! tii_ fv f'L r`"" 3 i as follows: 4( )Closing date is changed from to 5( ) Purchase price is changed from$ to$ 6( )Occupancy date is changed from to 7( )Occupancy charge is changed from$ to$ 8(% )OtFh`er: Z,c- i `Yu - / kc. . f {!C4 Lc' , a i "7-71/ <3, 111 r 10 1i nom. t".W., 1{6 f ,e j � `h ty,jar.- y7 r Y 2 esp. wi TT " / 11 5.-f'c,r ! t+E i?-ti? Fvt,r i`71"c%� i+ f _ 12 13 14 15 16 17 18 19 20 21 22 23 24 \\_ 25 26 27 28 29 30 31 32 33 ALL OTHER TERMS OF THE OFFER TO PURCHASE AND ANY PRIOR AMENDMENTS REMAIN THE SAME. 34 This Amendment is binding upon Seller and Buyer only if a copy of the accepted Amendment is delivered to the Party offering 3s the Amendment on or before "7 rc 1 t— cg. Gs (Time is of the Essence). 36 Delivery of the accepted Amendment may be made in any manner specified in the Offer to Purchase, unless otherwise 37 provided in this Amendment. NOTE: The Party offering this Amendment may withdraw the offered Amendment prior 38 to acceptance and delivery as provided at lines 34 to 37. i 1. 39 This Amendment was drafted by ,4 j U U 17 SAE; ETaeA 7 fi,G Tvcit,,1„) on if /`Jfn,iv 40 Licensee and Firm A Date• alThisAmendment Arias p edby'. _on 42 7 pp .{ 1 1 Licensee and Flmr• Date 44 Buyer's Signature A (. Date♦ BuyersSignature A' Date 45 46 Seller's Signature A Date♦ Seller's Signature♦ Date• NOTE:ATTACH THIS AMENDMENT TO THE OFFER TO PURCHASE. MEMORANDUM TO: Board of County Commissioners 7/10/06 COLORADO FROM: Chris Gathman - Planner II SUBJECT: RE-4414 revisions Staff requests the following revisions to RE-4414: 1) Condition of approval 4.6 shall be amended to read: "Lot A shall use the existing residential access, no circle drives or additional accesses shall be granted." 2) The following condition shall be added as condition of approval 4.C (and subsequently renumber following conditions): "Lot B shall use the existing agricultural access as no additional accesses shall be granted." 3) The following condition shall be added as condition of approval 4.H (and subsequently renumber following conditions): "The applicant shall do one of the following: 1) The applicant shall submit a signed and recorded annexation agreement with the City of Greeley to the Department of Planning Services. OR 2) The applicant shall submit a signed annexation agreement between the applicant and the City of Greeley to the Department of Planning Services for recording." SERVICE,TEAMWORK,INTEGRITY,QUALITY 13 • B 1290 REC 40877 02/08/91 14 : 42 10. 00 1/002 • F 0220 MARY NN FEUERSTEIN CLERK & REC ER WELD CO, CO AR2240a77 OUTSIDE OF CITY WATER AGREEMENT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO I, the undersigned owner the of the following described property adjacent or close to but not within the corporate limits of the City of Greeley, to-wit: (Here inset description of property) /IC-6c-'770,J NUHa6ena 1301/ .rid /oe1'.d� it -I-he ! e /Corr,west oF Se-C-i-ibn I c t AicrSi l2an c _66 u_''es1 - c --The do hereby respectfully petition the City of/Greeley for permission to tap the Greeley water works distribution main at: Arcinsert place, and a of tap requested) v rress -b 401.603 up an ettnple-41 h Recorded Ee.mp-hen a/ ' H LUA-TeQ TrP - 1330 71st Avenue for the purpose of supplying water to said premises. It is expressly understood and agreed by the undersigned that, if granted, said tap shall be in consideration of and upon the following terms and conditions, to-writ: 1. TI -t: app,i-ant shall pay all costs or charges incident to staking said tap, as may be determined by the City of Greeley, and that said taps shall be made under the supervision of the superintendent of the water department, or such other official as the City may designate. 2. That applicant will pay for and install a water meter of such size and at such place as may be required by the City. 1. Thal If the premises to be serviced by said taps shall ever be embraced or included within the boundaries of a tract or plat which is suight to be annexed to the City of Greeley, either by individual petitions or by the City itself, then and in that event the apps iranls specifically agree that they will consent to join in the annexa lion of such territory by the City of Cu'rie's. subject only to the ,'o,upiin11C1' by any such petitioners with all of the legal requiremculs pertaining to the annexation of territory lo a nuwiripalily. Furthermore. that applicant does hereby empower and irrevocably authorize and appoint the City Clerk of the ('ity of Grer ley. Colorado, his lawful attorney in fact, for him and in his place and stead to sign any such annexation petition is nmy he presented In and approved by the City Council, or as may he initiated by the City Como it itself, embracing Ow above described land within territory to be annexed to the City of Greeley, Colorado, and applicant dues hereby grant said City Clerk full power and authority to sign his name to such petition, thereby binding said petitioner to all of the terms and provisions of said petition as fully as he might do himself and for all intents and purposes as if he himself had signed said petition, it bring thoroughly understood by the applicant that the primary consideration for the granting of the petition is applicant's covenant and promise that he will consent to the annexation of said territory to the City of Greeley, Colorado. Applicant curlier covenants and agrees for himself, his successors and assigns that, if he fails to sign any .such annexation pN ilinn w'hrn requested by the City, or fails to abide by each and every covenant herein contained, then and in that event Ihis permit or right to use water nay he terminated by the City of Greeley, Colorado, upon the giving of thirty days' notice in writ log of his intention so to do. Further, the requirements herein stated shall be considered as covenants running with the land. 4. Tiro. the ❑pplicant agrees that no building or other improvement shall be constructed whirl; shalt interfere with the future widening or exlrnling of streets as proposed or may hereafter he proposed in the Street and high way Plan en file in the County Clerk's Office. County of Weld, State of Colorado. That the applicant agrees that where the major streets are not immediately necessary the applicant does hereby agree to dedicate. authorize to be opened and improved the street or streets as required by the Greeley Planning Commission. (Plat attached). 6. That the applicant. agrees that grail of the streets for future use at the mix t. of tl^ Crzde:' 1 ' Commissionas herein recited shall run with the land and does hereby authorize this Agreement to be placed of record in the Clerk :and Recorder's Office, Weld County, State of Colorado. 7. Thal the aiipliepilt agrees that no building or other improvement or plan of subdivision shalt ho constructed of planned whirl. interferes with the necessary drainage required by the Greeley Planning Cunmissiou. S. That the applicant agrees to comply with all ordinances and other regulations adopted by City Conseil tool Creeley planning Commission concerning subdivision, zoning, building construction, fire, safety, health, traffic and other applicable natters. 9. Thal the applicant agrees to obtain and pay for the necessary building and other permits and to he governed by the required inspections in name manner as if the area were within the City limits. 10. That the applicant agrees that if the area herein described shall become a part of another Town or City. the City el Greeley shall have the right to terminate the water service to said area and individual or individuals, I I. Thal the applir:nut agrees to pay all costs for wale' extensions as may he required by the Oireelor of Water miles:, specifically exempt from certain costs by utility policies approved by the City Council. 12. That the applicant unites to pay the regular rates now established or that may in the future be established for tit class of water service furnished. 11. That :applicant agrees to abide by all of the rules, regulations and ordinances of the City of Creeey, Coloraullo. and the Ia'vs of the Slate of Colorado pertaining to the use of said water as fully as if said premises were located within t➢re corporate limits of the City of Greeley, Colorado. I-I. Thad applicant agrees to furnish three acre feet of water per acre of land or fraction thereof. The water to be bunt- i shed may be pro p'rI water, Greeley-Loveland Irrigation Co. water, Lake Loveland water, Seven Lakes Reservoir water and/'en direct flow driver rights: xe n"' HP-, I'^y'-"•••t ca list .uanb atu:,.._La..e et Una., nip fry!, ..f 1•"M'-Pr ,,,,, (mere err-f+awiw+--l-becw:17—mced-+ryrau'-F7re-dn+v--market viol.., of quid ,ode. s.. 'w'.eve3 6t rw.>',.Go.. ,,f 15. That ail of the terms and conditions hereof shall extend to and be binding upon the heirs. assigns and :successors in interest if the parties hereto. 16. Whenever the word he, his or him is used herein such word shall also mean and include the words, she, they, hens, theirs or them, and the singular shall likewise mean and include the plural. EXHIBIT .0 i B 1290 REC 0224/7 02/08/91 14 : 42 “IMP0 2/002 F 0221 MARY ANN FEUERSTEIN CLERK & RECORDEMOWELD CO, CO OUTSIDE OF CITY WATER AGREEMENT Page 2 17. That the applicant further agrees to accept the City water at the pressure as delivered in the distribution grid owned by the City; and if in the delivery of water there is excessive pressure that would cause damage to the plumbing of the property owner, the property owner agrees to furnish and install the necessary regulators; or if additional pressure is needed, the property owner agrees to furnish his own auxiliary pumps. IN WITNESS WHEREOF, the applicant has hereunto set his hand and seal this / day of , 19 90. H--f 1/1 C,./..„.AL / ` - s STATE OF COLORADO ) ) ss. COUNTY OF WELD On this day appeared before me //),h2- ��%/j'n -S / 996 , known to me to be the above named petitioner, and acknowledged the execution of the foregoing petition and power of attorney as their free and voluntary act and deed for the uses and purposes therein stated. Witness my hand and notarial seal . : • My Commission expires: -l%_ 9c1-- "11OT/ ;7 ;'.,V " e_ Notary Publ, Le`' o IMPORTANT: Where property is owned by more than one person, petition must be signed by all owners exactly as their names appear on deed acquiring title. ___ _______.__ • • • ,— _ Knaus Enclave Annexation . _.„ Cityof GreeleyWater Lines City of , `\ Greeley ------ ,3,7 A T. - - L , _____ __ _ -_,1" . 11, ...thy„ . -, ___ _ :_., . . _ _ _ 10th Street iU< ObalAilly , _ I _ _vp r r • • sot i -: , I , 1 glia- oorg, , im , 1/4_____ ma, ti. . t 1 .._.____ = pan . ,,V ,_ J _I se •\ I __4,....... ‘0 in in ! .0,., A it,,.. . r . _ . t . i . - ' Is jos fi u ; se H.-- \ 7 C C\ ......---.1 N. illr-:- m ■ _ EMU D,assssss■ ■nitre min N Legend STRCTYPE W± E BLD; END: RUI Structures Parcels - WaterLines S EXHIBIT • • • Knaus Enclave Annexation City of G reeley S ewer Lines City of o `‘,\ Greeley ,/ / : fa i .. Air . 1 • ." rill. $1 V _ -' II i \\\ oz,"\zr _}../ - a - MINI i [ 1 ___._..,, , ...... nay ___ 1 e. ---, ______- , 113 . an I , ___ __... . _____----___.,":> Ci. i , _.__ _ .... 11 ■_ k' . 4 Iii - MI - \ __, MOMS, \ __MI ttes I\ 1 r. Si MI SIII IS -MIN . . .-- ----4---- - it‘ ,j 1 K i r 7 ti i--"I F -Z i� 1 1 i -i-�-trll J - Min N Legend STRCTYPE W E BLD; FND; RUI Structures Parcels Seweitines S EXHIBIT . b .0 Sent By: CITY OF GREELEY W&S DEPT;• 970 350 9805; Jun-2.6 16:28; Page 1 Water and Sewer Department ;' • 1100 10th Street,Suite 300,Greeley,CO 80631 (970)350-9820 City of Greeley June 23, 2006 Mr. Al Perez 1330 71`Avenue Greeley, CO $0634 Re: Proposed Recorded Exemption on 24 Acres, aka 1330 7la Avenue, Greeley, Colorado Dear Mr. Perez. The proposed Lot 13 is not eligible for water service front the City of Greeley until it is annexed into the City of Greeley. Please refer to item 8 in the enclosed Outside of City Water Agreement that affirms your agreement to comply with the City of Greeley's ordinances and regulations concerning subdivision, zoning, building construction, fire, safety, health, traffic and other applicable matters. Should you have any comments, questions, or concerns, please let me know. Sincerely, n G Monson Direr or of Water and Sewer Copy to: Rebecca Safarikiffet Enclosure post-1t°/Fax Note e'/2 7671 Dat4/do rsges� 7°C it n /'s ( O/A Than From / A Cr-Y.727 Pe Co ,, r Phone*7.- 3 — 6 ./ O"/O Phone#3 r?c1 -L B I t3 Fax -7 U .r(. _ 6 '� Fflx N M SERYING OUR COMMUNITY • I T ' S A TRADITION 70Ic proznrse In prr..Ver n?arm/Y npro'e IEe rruah(y of%fe for f ree/ey t[rou7i/anefy, Cull/107(M armcos/e`/echue service. Hello