HomeMy WebLinkAbout831021.tiff AR1933161
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 189 - PAUL D. HUNGENBERG
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
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affairs of Weld County, Colorado, and
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WHEREAS , the Board of County Commissioners has reviewed the c
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request of Paul D. Hungenberg for an exemption from the defini- ' PI
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tions of "subdivision" and "subdivided land" in Section 30-28-101
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(10) (d) , CRS 1973 , as amended, and Section 2-1 A. (3) of the Weld -n —
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County Subdivision Regulations, and
WHEREAS, the Board of County Commissionrs finds that Paul ' c
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D. Hungenberg is the owner of a certain parcel of land located zr�
in part of the West i, West 2, Sec. 21 , T6N, R65W of the 6th P.M. ,
Weld County, Colorado, and
WHEREAS , the applicant wishes to split off 1 . 7 acres , more xh
or less, from the 69 acre, more or less , parcel for financingrn
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purposes and also to purchase an adjoining parcel , and 730
to
WHEREAS, the existing parcels and the created parcel are -_
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more particularly described as follows:
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EXISTING PARCEL A
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Part of the West Half of the West Half
(W'W?) of Section 21 , Township 6 North,
Range 65 West of the 6th Principal Meri-
dian, Weld County, Colorado, being more
particularly described as follows:
Beginning at the West Quarter Corner
(WaCor) of said Section 21 , and assuming
the west line of said section as bearing
North 00°00 ' 00" East with all other
bearings contained herein relative thereto;
Thence North 00°00 ' 00" East, along said
west line, 94 . 23 feet;
Thence North 90°00 ' 00" East, 30 . 00 feet;
Thence South 21°58 ' 14" East, 346 . 13 feet;
Thence South 89°10 ' 15" West, 159 . 52 feet
to a point on the west line of Section 21 ;
Thence North 00°00 ' 00" East along said
west line, 229. 07 feet to the Point of
Beginning.
Said described parcel of land contains
0. 702 acres, more or less , and is subject
to any rights-of-way or other easements as
granted or reserved by instruments of record
or as now existing on said described parcel
of land.
831021
Page 2
RE: SE #189 - HUNGENBERG
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EXISTING PARCEL B
Part of the West Half of the Southwest 1..1
a
Quarter (W'SW4) of Section 21 , Township
6 North, Range 65 West of the 6th Principal
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Meridian, Weld County, Colorado, being
more particularly described as follows:
Beginning at the West Quarter Corner (W4 COR) z
of said Section 21 and assuming the west line
of said section as bearing South 00°00 ' 00" m
West with all other bearings contained herein c —
relative thereto;
Thence South 00°00 ' 00" West along said west
line, 229 . 07 feet to the True Point of Beginning;
Thence continuing South 00°00 ' 00" West along z '•
said West line, 219 . 18 feet; ^• W
Thence South 90°00 ' 00" East, 248 . 85 feet;
Thence North 21°58 ' 14" West, 238 . 84 feet; e
Thence South 89°10 ' 15" West, 159 . 52 feet
to the True Point of Beginning.
Said described parcel of land contains 1 . 034
acres , more or less, and is subject to any e
rights-of-way or other easements as granted
or reserved by instruments of record or as T "'
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now existing on said described parcel of land.
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CREATED PARCEL
Part of the West Half of the West Half (W1W1)
of Section 21 , Township 6 North, Range 65 West
of the 6th Principal Meridian, Weld County, MO
Coloraod being more particularly described b
as follows:
Beginning at the West Quarter Corner (WaCor)
of said Section 21 , and assuming the west line
of said section as bearing North 00°00 ' 00"
East with all other bearings contained herein
relative thereto;
Thence North 00°00 ' 00" East along said west
line, 94 . 23 feet;
Thence North 90°00 ' 00" East, 30 . 00 feet;
Thence South 21°58 ' 14" East, 584 . 96 feet;
Thence South 90°00 ' 00" West, 248 . 85 feet to a
point on the west line of said Section 21 ;
Thence North 00°00 ' 00" East along said west
line, 448 . 25 feet to the Point of Beginning.
Said described parcel of land contains 1 . 736
acres, more or less, and is subject to any
rights of way or other easements as granted
or reserved by instruments of record or as
now existing on said described parcel of land.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the above described par-
cels be, and hereby are, declared to be exempt from the defini-
tions of "subdivision" and "subdivided land" as set forth in
Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1A. (3)
of the Weld County Subdivision Regulations.
Page 3
RE: SE #189 - HUNGENBERG
The above and foregoing Resolution was, on motion duly made
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and seconded, adopted by the following vote on the 6th day of
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July, A.D. , 1983 .
NnkATTEST: Q�� WELDD OF COUNTY, TY COLORADOSSIONERS z w
Weld County Clerk and Recorder j f�
and Clerk to the Board Chuck Carlson, Chairman
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B EXCUSED DATE OF SIGNING - AYE
Deputy County Clerk John T. Martin, Pro-Tem
APPROVED AS TO FORM:
Gene R. Bran ner m rh
C.rCL )/O. C;
County Attorney Norman Carlson
J cque ne Jolhnbon
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DAY FILE: July 11 , 1983
F
. . It FLOW SHEET
CEO ' E # SE ! 8n
COUNTY COMMISSIONERS MEETING DATE : (TA 6, 1163
APPLICANT : pq Q, D . �
u VC lot ri
REQUEST : &j&A CU /S( OMJ Eke Me:Q(At fir P/Jct Jct rnc) jests
LEGAL : Pk o2GJ4 1 &c • ,2 / 1 T6AJ / f261/4SW
LOCATION : kliatimmesUb Qj4c, M1 SE 1 At ce r/J ee A 4h4( 4uC,Q 66 fec42(ace it/
DATE BY
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Application Received 6 • /3 , 83 /ts
Application Complete
6913 . g3 / L16...
Sign Given to Applicant O
Sign To Be Posted By : 144
Letter to Applicant Drafted eso , ,q . 83 / ISAN
Referrals Listed / � . �3 ��
`9 ,
Air Photo and Maps Prepared CO ' aO'
6AQi
Soils Map Prepared afO S�ktr.d
File Assembled
Letter to Applicant Mailed44:.
- Z.. O - % _ ...k..5:3\
Referrals Mailed
, tb - - - o - Be\ . n. �
Chaindexed
'le - 2. 0 - % "3 ‘..X. 0\,..
Prop . & Mineral Owners Notified By :
Field Check By DPS Staff 36 Six,,,t. 83 /115/vi
DPS Recommendation Drafted i 3--A a3 MSm,
DPS Recommendation Typed t 7 s g 1 0.3 / 'LM
Packets Xeroxed ` J, n- 83 Mme _
CC Action : dApproJa9
Reso �.ition Recorded 7- /a -$ 3 Jar
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History Card Completed 7-• /S _ F3
.
Recorded on Maps and/or FiledSejeo-
TO: Board of County Commissioners Date July 5, 1983
Subdivision Exemption r 189
Applicant Paul D. Hungenberg
Legal Description of Property: Part of the West 1/2,West 1/2, Sec. 21, T6N, x65W
of the 6th p.m. , Weld County, Colorado.
Location of Property: Approximately one . (1) mile Southeast of Lucerne
The owners of the property described above have requested an exemption fran
Section 2-1 of the Weld County Subdivision Regulations adopted August 30, 1972.
The Department of Planning Services staff has reviewed this request and
recommends that the request be approved for the followings reasons:
DOES DOES NOT
x Fall in flood plain or a geologic hazard area
Agree with the Weld County Comprehensive Plan
x
Create new parcels elgible for building permits
x
Agree with surrounding land uses
x
COMMENTS:
This boundary adjustment will allow the applicant to split off 1.7 acres for
financing purposes, and enable Paul to have separate title to a 4,900 sq. ft.
home currently under construction. Paul and Mike Hungenberg operate a 69 acre
vegetable farm at this location.
•
Michael S. Mullen, Current Planner
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831-80-040
FIELD CHECK
FILING NUMBER: SE 189 DATE OF INSPECTION: June 30, 1983
NAME: Paul D. Hungenberg
REQUEST: Subdivision Exemption for Financing Purposes
LEGAL DESCRIPTION: Pt. West 1/2, West 1/2, Sec. 21, T6N, R65W of the 6th P.M.
LAND USE: N Irrigated Cropland
E Irrigated Cropland and Residence
S Irrigated Cropland and Residence
W Irrigated Cropland and Residence
ZONING: N Agricultural
LOCATION: Approximately one (1) mile Southeast E Agricultural
of Lucerne; North of Weld County Road 66 and S Agricultural
East of Weld County Road 41 W Agricultural
COMMENTS:
The Hungenberg Farm is a short eighty; the 69 acre parcel has 63 irrigated acres. The
remaining acres are for improvements and right-of-way, The farm is also bisected by the
Divide Lateral Ditch.
Improvements on the farm include a house, barn, outbuilding, and corrals. A mobile home
is also on the farm and it is located in the southeastern corner of the property (ZPMH 544) .
The proposed boundary exchange is between the Hungenbergs and the farm to the north. This
boundary adjustment will allow Paul Hungenberg to split off 1.7 acres for financing
purposes, and have separate title to a 4,900 sq. ft, home currently under construction.
The location of the new home represents the Northwest Corner of the farm which is
inconvenient for farming purposes.
BY: Q.4wOS: /i/ The
Michael S. Mullen, Current Planner
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext. 400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. SE /el j Ln l rn Soi PFL. FEE 35:
K r>
ZONING DISTRICT Pr ` JUN 131983 ECEIPT NO. /,-W (Q —/
DATE I IN L. CHECKED BY /7S/1
Wald Co. Planning Commission
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) :
I (we) , the undersigned hereby request that the following described property be
exempted from the definition of the terms "subdivision" or "subdivided land" in
accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations by
the Weld County Board pf County Commissioners.
LEGAL DESCRIPTION: Wg2of (/JA Section 2. ) T 4, N, R &± W
it SEE AbbEb LEGAL. -DE SC:R1PTioA)S Oita 2 '1RRce,Lc
. ?A 2_ c1L. C
/ , 035' at0d
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes No
FEE OWNERS OF PROPERTY:
Name: M-u/ D AA, , •
Address: ?2.iza Jv'/o "a' 4ies/ G-yev/'e: Phone 357, 1; tr Jl
Name: l?/.{,4r/ Y //Y6 n//3/se6,-
Address: •32_Oyfl /p. c. - . Arc/7 &IArrcf Phone z5 — 7,00R/Name: /
Address: Phone
Total acreage of the
total property involved: ‘` 9, ,3
Existing land use of the
total property involved: /$ 8'U/ 4c e 's 9.-049224(,-,00f —, 702q/S zeme'cici4,4K
Existing land use of the adjacent properties: North: /,7,Q„2, /�/,y`` South: {p/,-i,,/o-9(17
East: /5)4.)2,44,/e West: .00,4.,r/
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
STATE OF COLORADO )
COUNTY OF WELD )
C . z, ,. , 4
Signature: Owner or AOthorize gent
Subscribed and sworn to before me this j,3 day of t x v , 19y
SEAL 2 h pp
Notary Public
4.9 s«9
My Commission expires: Q
• REFERRAL LIST •
APPLICANT: PeLLSZs. ttWN5eIJ6ed CASE NUMBER: 5E /87
SENT REFERRALS OUT: `J REFERRALS TO BE RECEIVED BY 0-4.,e 3 a4 (?&3
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H O H W
En U m
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W H R H R O
U O N ~ N
W U O U O
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J��/ County Attorney (plat only)
Weld County Health Department
■
■ Engineering Department
■County Extension Agent
Colorado Geological Survey
1313 Sherman Street
Room 703
Denver, Colorado 80203
Colorado Water Conservation
■ Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
. State Engineer
Division of Water Resources
1313 Sherman St., Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
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DEPARTMENT OF PLANNING SERVICES
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1:* 4finPHONE (303) 356-4000 EXT. 400
'1/41: ( 915 10th STREET
GREELEY, COLORADO 80631
1 ftJune 21 , 1983
\..._
9
COLORADO
Mr . Paul D . Hungenberg
32872 Weld County Road 41
Greeley , Colorado 80631
Re : Request for a Subdivision Exemption for financing purposes on a
parcel of land described as part of the W1 11, Section 21 , T6N ,
R65W of the 6th P . M. , Weld County , Colorado .
Dear Mr . Hungenberg :
Your application and related materials for the request described above
are complete and in order at the present time . I have scheduled a meet-
4 ing with the Board of County Commissioners at 9 : 30 a .m . for Wednesday ,
July 6 , 1983 . This meeting will take place in the County Commissioners
Hearing Room , first floor , Weld County Centennial Center , 915 10th Street ,
i Greeley , Colorado . It is recommended that you and/or a representative be
in attendance to answer any questions the Board of County Commissioners
might have with respect to your application .
The Department of Planning Services staff will make a recommendation
concerning this application to the Board of County Commissioners . It
is the responsibility of an applicant to contact the Department of Plan-
ning Services office a few days before the date of the Board of County
Commissioners hearing to obtain that recommendation .
If you have any questions concerning this matter , please feel free to
call our office .
Respectfully ,
dilieatta' Ma
Michael S . Mullen
Current Planner
F MSM: rjg
4 cc : Michael B . Hungenberg , 32040 Weld County Road 41 , Greeley , Colorado
1 80631
P 397 289 529
RECEIPT FOR .:ER1 i :FIED MAIL
NO INSURANCE COVERAGE PROVIDED-
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
Paul D . Hungenberg
Street and No.
32872 WCR 41
P.O., State and ZIP Code
Greeley, CO 80631
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing SENDER: Complete items 1 , 2, 3, and 4.
whom and Date Delivered Add your address in the "RETURN TO" space
ts on reverse.
Return Receipt Showing to whom, ~�
r,, Date, and Address of Delivery W (CONSULT POSTMASTER FOR FEES)
co - 1. The following service is requested (check one).
rn." TOTAL Postage and Fees $
n Show to whom and date delivered _¢
cL, Postmark or Date 0 Show to whom, date, and address of delivery.. _¢
cc 2. ❑ RESTRICTED DELIVERY —0
ono (The restricted delivery fee is charged in addition to
en the return receipt fee.)
t;
o 6-21-83 TOTAL $
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Cl) 2. ARTICLE ADDRESSED TO:
Paul D . Hungenberg
33
2 32872 Weld County Road 41
33 z Greeley , Colorado 80631
rn 4. TYPE OF SERVICE: ARTICLE NUMBER C
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0 REGISTERED ❑ INSURED I
ci ill CERTIFIED O coo P 397 289 529 N
co
a ' El EXPRESS MAIL
1/4O
m (Always obtain signature of addressee or agent)
LI have received the article described above.
SIGNATURE 0 Acdressee 0 Authorized agent
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G6. ADDRESSEE'S ADDRESS (Only if requested) C
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5 7. UNABLE TO DELIVER BECAUSE: 7a EMPLOYEE'S
m INITIALS
DC
/
June 13, 1983
Department of Planning Services
County Commissioners
Description of Request, Purpose and Benefits
In October of 1981, my brother Mike and I purchased
a 70 acre farm from Thomas V. Reed. At the time both
Mike and I were renting the houses we were living in.
Soon after the purchase Mike moved into the Existing
house on the farm, and is living there now. In early
1983 my wife Pam and I decided to begin building a home
of our own. In April of 1983 I successfully aprlied for
an Accessary Dwelling permit to build a home on the north
west corner of the property. In May construction began
on the home, and is continuing at the present time.
It is therefor now my wish to split the land (1.7 acre)
which the home is being built on from the remainder of the
farm. In this manner the home and land can be legally put
into the names of Paul and Pamela Hungenberg, rather than
that of Mike and Paul Hungenberg, which the deed now states.
By recieving a subdivision exemption on this parcel the
split can be done, and will aid :in avoiding any problems
in the future with ownership. The remainder of the farm
will be used only for farming purposes, as that is our
livelihood, and no further subdividing is considered.
The area shaded in the plot sketch ( .702 acre ) is curr-
ently unfarmable, and at present stands as a patch of
weeds-nothing more. This land will be added to the 1 .034
acre arcel, and become a part of the farm home and yard.
This ...and at resent is an eyesore as one drives by on the
highway. It would surely be made more useful as part of
our home.
Lastly, for financing purposes I need to devide the
ho^-e from the farm, as that is what the lender requires
for the loan to go through.
Sincerely,
62aA,ce e
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SCALE :./t-Zooc•
:9134.74...._. _.
• •
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The printed portions of this form approved by the
Colorado Real Estate Commission(SC 25-12-77)
SPECIFIC PERFORMANCE CONTRACT
(FARM AND RANCH)
Greeley Colorado March 1913_1.
RECEIVED FROM MICHAEL B. HUNGENBERG and PAUL D. HUNGENBERG
Purchaser(as jZilfiltenants),/tle sum o� 10.000.00 in the form of personal rherk
to be held by SO tens bnaiat cemcxoenonwcxxocxxamxxK
as earnest money and part payment for the following described real estate situate in the
County of Weld Colorado,t2mmilx described in Exhibit "A", attached
hereto and incorporated herein by reference;-
with all easements and rights of way appurtenant thereto,all improvements thereon and all fixtures of a permanent
nature currently on the premises,except as hereinafter provided,in their present condition,ordinary wear and tear
excepted,!mown as Reed residence and farm -
which property purchaser agrees to buy upon the following terms and conditions, for the.purchase price of
$--4O-.0•0 payable as follows:$ 10,000 00 ' hereby receipted for,
$ 90.000.00 in rash at the..tiik of closing. The balance of $300,000.00 shall be
represented by a Note secured by a First Deed of Trust to be carried by Sellers
under the following terms and conditions: the Note shall run for a period of 10
years commencing October 1;_ 1981, and for'10 years thereafter, with first pay—
ment due October 1, 1982. The principal payments shall be $30,000.00 per year
plus interest at the rate of 11% interst per -annum. '
Cost of any appraisal for loan purposes to be obtained after this date shall be paid by D/2.
1. If a note and trust deed or mortgage is to be assumed,the purchaser agrees to apply for a loan assumption if
required and purchaser agrees to pay(1)a loan transferfee not to exceed$ n/a and(2)an interest
rate not to exceed tI a % per annum. If the lender's consent to a loan assumption is required, this contract is
expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as
above stated.
If a secured or unsecured loan is to be carried by the seller,seller shall not be obligated to carry said loan for any
person or entity in lieu of the purchaser named herein. -
•
2. Price to include the following personal property: All drapes and carpeting throughout and
any and all permanently attached fixtures presently in the house. .There are
many items of personal property and appliances which will no doubt be -bought by
Purchasers, but they are not to be made a part of this Contract.
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,
liens and encumbrances,except: n/a '
•
and except any personal property liens in any encumbrance specified in paragraph 5.
The following fixtures of a permanent nature are excluded from this sale: none
3. Price to include the following water rights: 8 shares of the apital stock oft a New Cache
LaPoudre Irrigation Company and also I0 shares of the capital stock of the Cache :!
l LaPoudre Reservoir Company and also 2 shares of the Divide Lateral Company, and
one irrigation well, and two North Weld comestic water taps.
4. An abstract of title to said property,certified to date,or a current commitment for title insurance policy in an
amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before '
li
September 1 19.81.If seller elects to furnish said title insurance commitment,seller will r:
'i
deliver the title insurance policy to purchaser after closing and pay the premium thereon. la
5. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 12. Subject to
• payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, Il
l� the seller shall execute and deliver a good and sufficient C r Pnaal warranty deed to said purchaser on
f I October 1 19__81,or,by mutual agreement,at an earlier date,conveying said property free and l
i clear of all taxes,except the general taxes for 198]—,payable January 1,19_132 and except
free and clear of all liens for special improvements now installed,whether assessed or not; free and clear of all liens ,
and encumbrances except:
No.SC 25-12-77.Specific Performance Contract(Farm and Ranch)
Bradford Publiahing Co.,1846 Stout Street,Denver.Colo.(573.6011)—S-76
r —
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and except the following easements: as of record
and subject to building and zoning regulations and the following restrictive covenants: as of record
Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction
or from any other source. -
6. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent
levy and the most recent assessment. Prepaid rents,water rents,sewer rents,and interest on encumbrances.if
and Seller shall pay all 1981 real estate taxes and in turn shall receive ail '19S1
crop income and also shall pay any and all crop expenses for 1981.
shall be apportioned to date of delivery of deed.
7. With respect to the growing crops the seller and purchaser agree as follows:
8. The 4IDtiefulx:jaWtXLrclosing shall be alnnargrAlt8ar159C held October 1, 1981, at 2:00 p.m. at
Karowsky, Witwer & Oldenburg, Suite 550, Greeley National Plaza, Greeley, Colorado.
9. Possession of premises shall be delivered to purchaser on October 1, 1981, and all farm lands
as soon as 1981 crops are harvested;
subject to the following leiyaesortenancies: there is presently a cash rental lease with Monson
Bros. which shall terminate not later than December 31, 981.
10. The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall be
on the seller,provided,however,that if the seller shall maintain insurance on said improvements whichwill compen-
sate for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to
purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any
damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in
paragraph 7 and such party shall be entitled to the insurance proceeds.
11. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or •
performed by either the seller or purchaser as herein'provided,then this contract, at the option of the party who is '
not in default,may be terminated by such party,in which case the non-defaulting party may recover such damages as
• may be proper.In the event of such default by the seller,and the purchaser elects to treat the contract as terminated,
then all payments made hereon shall be returned to the purchaser.In the event of such default by the purchaser,and
the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and
retained on behalf of the seller.In the event,however,the non-defaulting party elects to treat this contract as being
in full force and effect, the non-defaulting party shall have the right to an action for specific performance and
damages.
•
12. Except as stated in paragraph.5, if title is not merchantable and written notice of defect(s) is given by the
purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and
shall not be rendered merchantable within 30 days after such written notice,then this contract,at purchaser's option,
shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments
made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided
however,that in lieu of correcting such defect(s),seller may,within said 30 days,obtain a commitment for owner's title
insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s),
and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title.
The seller shall pay the full premium for such owner's title insurance policy,and the abstract,if any,shall be returned
by the purchaser.
13. Additional Provisions ; The parties agree that of the purchase price, $125,000.00
is being paid for the residence and the immediate yard area only not including any oftncoosvmatmancyaxintroraxx the other buildings, improvements or corrals surrounding said
residence, and the balance to the remaining real property together with water shares
and water rights appurtenant thereto. The earnest money payment, the cash at closing and
the first $25,000.00 of principal shall apply to the residence.
14. If this proposal is accepted by the seller in writing on or before March 9 1981 this
instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs,
successors and assigns of such parties.
xtcrax
u, �' c ae - nge r-r: / Date .
.� I. 3-9--t/ B
Y:
Purchase (Paul D. a ',ge erg Date - - -
Seller accepts the above proposal t .- day of 19 fl}h�gx
pmpacava adzkri Yaenrx,+gr xloopxturzin axanratxxxXxxxirti arsaacX1MX Ca+ POSIKI �4 trWSPc
fort itcx ad'acbg parraxsexxx ix9ece Mxx202Xttxdr lttatXWMCSXXXXXXxliX §X48$ c YAPF •
omexha1 thhexuuLtc, 'attt cindmmt)t s xsmmpuxitthmoatXarex it xx
Thomas ee ) seller thel xeea seller
Purchaser's Address
-Seller's Address
•
•
•
•
.EXHIBIT nAn-
The West Half (A) of the Southwest Quarter (SW}) of Section Twenty-one (211
in Township Six (6) North, Range Sixty-five (65) , West of the Sixth (6th) P.M.,
Weld County Colorado; Together with all rights to the use of water for irrigating
said premises and for domestic use thereon, to which the premises hereby- ' -
conveyed is now entitled, and also any and all laterals and lateral rights of
way used to convey water to said land; and particularly eight (8) shares of
the capital_stock of The New Cache La Poudre Irrigating' Company as evidenced
by stock certificate Issued; and also ten (10) shares of the capital stock of •-.
The Cache La Poudre Reservoir Company, as evidenced by stock certificate issued; :_
together with one (1) irrigation well properly registered and adjudicated with —
the State Engineer's office. Said well was entered into augmentation agreement
by Judge C. C. Coffin and is exempt from any other augumentation plans;
Together with two North Weld domestic water taps.
SELLERS: PURCHASERS: .
4fria-cz ./717-
(Thomas V. Reed) (M ael B. Hunge e
•
en.4 .
r •
(LA .), ? : -eec (2aAti
(Ethel C. Reed) (Paul D. Hungenberg)
•
•
•
•
1 •
-AR1926005 -•-
• REC Ii C?• REC 01926005 05/06/83 • : 33 $3.00 1 /001
F 1518 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Rec,-r
KNOW ALL MEN BY THESE PRESENTS, That Whereas, MICHAEL B. HUNGENBERG and
PAUL D. HUNGENBERG
of the - - County of Weld---- in the State of Colorado, by Deed of Trust
dated the- 1st day of October , A. D. 19 81, and duly recorded in the office of the
County Clerk and Recorder of the County of Weld, in the State of Colorado, on the 1st day
of October , A. D. 19 81 in book 949 Reception No. 1870775 of the records
in said office, conveyed to the Public Trustee in and for the County of Weld, certain prop-
erty in trust to secure the payment of the indebtedness mentioned herein,
AND, WHEREAS, said indebtedness has been partially paid and the purpose of said trust
have been partially satisfied.
NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said
Deed of Trust, and in consideration of the premises, and in further consideration of the sum
of Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the
Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the pres-
ent owner or owners of the property hereinafter described and unto the heirs, successors and
assigns of said owner or owners forever, all the right, title and interest which I, as such
Public Trustee have in and to only the following portion of the property, set forth and de-
scribed in the aforesaid Deed of Trust to-wit: Part of the West Half of the South-
west Quarter (WzSWi.) of Section Twenty-One (21) , Township Six (6) North,
Range Sixty-five ( 65) West of the 6th P.M. , Weld County, Colorado, being
more particularly described as follows : Beginning at the West Quarter Corner
of said Section 21, and assuming the West line of said section as bearing
North 00°00,00" East with all other bearings contained herein relative
thereto; Thence South 88'31 '34" East along the North line of said Wi of the
SWe , 68.75 feet- Thence South 21°58'14" East 481.46 feet ; Thence South
90 ,00,00" West 48.85 feet to a point on the West line of Section 21;
Thence North 00°00,00" East along said West line, 448.25 feet to the Point
of Beginning.
situate, lying and being in the County of Weld and State of Colorado.
TO HAVE AND TO HOLD THE SAME, Together with all and singular the privileges and appur-
tenances thereunto belonging forever. And further, that, as to the above described property
only, the said Trust Deed is to be considered as fully and absolutely released, cancelled
and forever discharged. -
1tf
WITNESS my hand and seal this 3 day of 0JR-�l/1 , A. D. 19 f
(/ / .�� (SEAL)
As the Public Trustee in and foY- the County of Weld
To the Public Trustee in said County of Weld:
Please execute this partial release, the indebtedness secured by the above mentioned
Deed of Trust having been partially paid and satisfied. Thom s V. Reed
The legal holder of the indebtedness secured bysaid
Deed of Trust.
STATE OF COLORADO,
COUNTY OF WELD. ) ss.
Li
The foregoing instrument s acknowledged before me this`j day
of y7iat , 19 , by ANNE D. NYE
.• .�.;, H '•; as the Public Trustee in said County of Weld,
i . Colorado.
_: \VITAR), ';
E . ;
Crc ; - Witness my hand and Official sea .
a P \G
UBL ' ? My Commission Expires Aug.31,19
= Nr'•.• .� t :` My Commission expires
es, OF Co
Notary Public 10 9th street, Greeley, C0 80631
PARTIAL RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE.
• Recorded at...0 o'clock M.,
Reception No Recorder.
THIS DEED, Made this day of June ' 19 83,
between --EDNA HICKS , also known as EDNA N. HICKS ,
and also known as EDNA NEW HICKS--
oce,yylana--- County of ----Montgomery--- and state'of
Golerade,of the first part,and
---MICHAEL B. HUNGENBERG and PAUL D.
HUNGENBERG---
of the - County of Weld and state of
Colorado,of the second part,
WITNESSETH, That the said part y of the first part,for and in consideration of the sum of
other valuable considerations and One DOLLARS,
to the said party of the first part in hand paid by the said part ieS of the second part, the receipt whereof
is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents does remise, release, sell, convey and QUIT CLAIM unto the said parties of the second part,
their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part y of the first part ha S in and to the following described lot or parcel of land situate, lying and
being in the County of ----Weld —and State of Colorado, to wit:
Part of the West Half of the West Half (WZW₹) of Section Twenty-
One (21) , Township Six (6) North, Range Sixty-five (65) West of the
6th P.M. , being more particularly described as follows :
Beginning at the West Quarter Corner of said Section 21, and assum-
ing the West line of said section as bearing North 00°00'00" East
with all other bearings contained herein relative thereto;
Thence North 00°00'00" East, along said West line, 94.23 feet;
Thence North 90°00'00" East, 30.00 feet;
Thence South 21°58'14" East, 346.1? feet;
Thence South 89°10'15" West, 159. 52 feet to a point on the West lips
of Section 21;
Thence North 00°00'00" East along said West line , 229.07 feet to
the Point of Beginning.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part t of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part ies of the second part, theilheirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part ha S hereunto set her hand and seal the day and year first above written. j(�� rtj S4CGl/C.P.J �'A"' [SEAL]
(Ed Hicks a o. nown as '
Signed,Sealed and Delivered in the Presence of � �
[SEAL]
(EcIil N: H cks) a so known as
n
.� `1L c iEdna New Hicks} [SEAL]
[SEAL]
MARYLAND
STATE OF CUYXD2%fffi,
is.
County of Montgomerir
The foregoing instrument was acknowledged before me this eca day of
1983 ,by Edna Hicks, also known as Edna N. Hicks, also own as
Edna ' New Hicks.
My commission expires / , 1974.Witness my hand and official seal. '
(S299,
Notary Public.
•
No.933. QUIT CLAIM DEED.—Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(573-5011) —4-76
•
. .
NEW
LEGAL DESCRIPTION
•
Part of the West Half of the West Half (WzWz) of Section 21, Township 6
North, Range 65 West of the 6th Principal Meridian, Weld County, Colo-
rado being more particularly described as follows:
Beginning at the West Quarter Corner (Wi4Cor) of said Section 21, and
assuming the west line of said section as bearing North 00°00'00" East
with all other bearings contained herein relative thereto;
Thence North 00°00'00" East along said west line, 94.23 feet;
Thence North 90°00'00" East, 30.00 feet;
Thence South 21°58'14" East, 584.96 feet;
Thence South 90°00'00" West, 248.85 feet to a point on the west line of
said Section 21;
Thence North 00°00'00" East along said west line, 448.25 feet to the Point
of Beginning.
Said described parcel of land contains 1.736 acres, more or less, and is
subject to any rights of way or other easements as granted or reserved
by instruments of record or as now existing on said described parcel of
land.
•
LOT B: Recorded Exemption
Part of the West Half of the Southwest Quarter (W'.SW-1) of Section 21,
Township 6 North, Range 65 West of the 6th Principal Meridian, Weld
County, Colorado being more particularly described as follows:
Beginning at the Southwest Corner (SW Cor) of said Section 21 and
assuming the west line of said section as bearing North 00°00'00" East
with all other bearings contained herein relative thereto;
Thence North 00°00'00" East along said west line, 1988.15 feet;
Thence North 90°00'00" East, 248.85 feet;
Thence North 21°58'14" West, 238.83 feet;
Thence North 89°10'15" East, 1167.40 feet to a point on the east line of
said WSW*;
Thence South 00°03'41" West along said east line, 2314.64 feet to the
Southeast Corner (SE Cor) of said W₹SW$;
Thence North 86°11'35" West along the south line of said Section 21,
1327.21 feet to the Point of Beginning.
Said described parcel of land contains 67.767 acres, more or less, and is
subject to any rights-of-way or other easements as granted or reserved
by instruments of record or as now existing on said described parcel of
land.
/563:73
• LEGAL DESCRIPT9NR . LC toa
CASE NO. ' E— \ f\ %3 \ — (-O — co5
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" �
i .»eo i I 4,
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-
21 .
.,,,S...I.,._14.
II 39
8
46 1 •
52 51
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_ 50
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Ty:
SOIL CLASSIFICATION
NEW NO. IRRIGATED NON - IRRIGATED
?9...L.ix\G 4c S -___
'reese Eengjineering
ENGINEERING CONSULTANTS
MAILING ADDRESS: BOX 913 JASPER "JAY" FREESE
OFFICE': 2505 6TH AVENUE REGISTERED PROFESSIONAL ENGINEER
GREELEY. COLO. 80631 REGISTERED LAND SURVEYOR
PHONE 352-O1OO (ShMOW ,fp fen .\)
fgEVicAS LEGAL DESCRIPTION
Part of the West Half of the West Half (WIW ) of Section 21,
Township 6 North, Range 65 West of the 6th Principal Meridian,
Weld County, Colorado, being more particularly described as
follows:
Beginning at the West Quarter Corner (W4Cor) of said Section 21,
and assuming the west line of said section as bearing North
00°00'00" East with all other bearings contained herein relative
thereto;
Thence North 00°00'00" East, along said west line, 94.23 feet;
Thence North 90°00'00" East, 30.00 feet;
Thence South 21°58'14" East, 346.13 feet;
Thence South 89°10'15" West, 159.52 feet to a point on the west
line of Section 21;
Thence North 00°00'00" East along said west line, 229.07 feet to
the Point of Beginning.
Said described parcel of land contains 0.702 acres, more or less,
and is subject to any rights-of-way or other easements as granted
or reserved by instruments of record or as now existing on said
described parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that this legal description was prepared
under my supervision, and is correct to the best of my knowledge
and belief.
1
Jasper Frees Colorado P. LyS. 43 &
Project No. 198 4392
.t
ti,,,,!.,,1MEE0.tofr
G'°,;� Of,C0l0�P�O
(2)
PREVIOUS
LEGAL DESCRIPTION
Part of the West Half of the Southwest Quarter ( WI Slit)
of Section 21 , Township 6 North, Range 65 West of the 6th
Principal Meridian, Weld County, Colorado, being more
particularly described as follows :
Beginning at the West Quarter Corner (W4 Cor) of said Section
21 , and assuming the west line of said section as hearing
South 00°00 '00" West with all other bearings contained herein
relative thereto;
Thence South 00° 00 '00" West along said west line , 229 .07 feet
to the True Point of beginning;
Thence continuing South00° 00 'D0" West along said West line,
219.18 feet;
Thence South 9d) 00100" Fast, 248.85 feet;
Thence North 21° 58 ' 14" West, 238.84 feet;
Thence South 89°10 '15" West, 159.52 feet to the True Point
of Beginning.
Said described parcel of land contains 1.034 acres, more or
less, and is subject to any rights-of-way or other easements
as granted or reserved by instruments of record or as now
existing on said described parcel of land.
k
NEW
LEGAL DESCRIPTION
Part of the West Half of the West Half (W₹W}) of Section 21 , Township 6
North, Range 65 West of the 6th Principal Meridian, Weld County, Colo-
rado being more particularly described as follows:
Beginning at the West Quarter Corner (WaCor) of said Section 21, and
assuming the west line of said section as bearing North 00°00'00" East
with all other bearings contained herein relative thereto;
Thence North 00°00'00" East along said west line, 94.23 feet;
Thence North 90°00'00" East, 30.00 feet;
Thence South 21°58'14" East, 584.96 feet;
Thence South 90°00'00" West, 248.85 feet to a point on the west line of
said Section 21;
Thence North 00°00'00" East along said west line, 448.25 feet to the Point
of Beginning.
Said described parcel of land contains 1.736 acres, more or less, and is
subject to any rights of way or other easements as granted or reserved
by instruments of record or as now existing on said described parcel of
land.
Hello