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HomeMy WebLinkAbout800798.tiff BooK ;r4::)1,- MAY 1 Recorded at ...... _....._ __.. o'clock li Rec. No. C7 1824628 � Q, . euzs (/ RESOLUTION State of Colorodo, Weld County Clerk & Record. RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 114 - DARREL LOCKMAN 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 O affairs of Weld County, Colorado, and o WHEREAS, the Board of County Commissioners of Weld County, Colorado has reviewed the request of Darrel Lockman for an exemp- 0 tion from the definitions of "subdivision" and "subdivided land" in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1 of the Weld County Subdivision Regulations , and c=, WHEREAS, the Board of County Commissioners finds that Darrel ``` Lockman is the owner of property located in Part of the North- east Quarter of Section 4 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. This subdivision exemption would clarify that two separate parcels exist. The legal descrip- tions of said parcels are as follows : Parcel "A" A tract of land located in the Northeast Quarter (NE4) of Section 4 , Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado, being more particu- larly described as follows : Commencing at the Northeast Corner of said Section 4 and considering the East line of Section 4 to bear South 03°51 ' 52" East with all bearings contained herein relative thereto; Thence South 03°51' 52" East along the East line of said Northeast Quarter (NEa) of Sec- tion 4 , 1 , 019. 75 feet to the True Point of Beginning of Parcel "A" ; Thence continuing South 03°51' 52" East along the East line of said Northeast Quarter (NEa) of Section 4 , 905. 25 feet; Thence North 90°00 ' 00" West parallel to the North line of said Northeast Quarter (NEa) of Section 4 , 349. 26 feet; Thence South 03°51 ' 52" East parallel to the East line of said Northeast Quarter (NEa) of Section 4 , 125. 00 feet; Thence South 90°00 ' 00" East parallel to the North line of said Northeast Quarter (NEa) of Section 4 , 349. 26 feet; Thence South 03°51 ' 52" East along the East line of said Northeast Quarter (NEa) of Section 4 , 191. 75 feet; Thence North 90°00 ' 00" West parallel to the North line of said Northeast Quarter (NEa) of Section 4 to the East bank of the Montgomery Seepage Ditch; t` 7 _ PV 800798 Bo0K r- 903 1824628 3 -a Thence Northerly along said East bank of the Montgomery Seepage Ditch to a point which is 1, 017. 43 feet South of the North line of said Northeast Quarter (NE4) of Section 4 ; Thence South 90°00' 00" East parallel to the North line of said Northeast Quarter (NEa) of Section 4 and 1, 017 . 43 feet South of, as measured perpendicular, to said North line of the Northeast Quarter (NEa) of Section 4 to the True Point of Beginning. The above described parcel of land contains 39 acres, more or less. Parcel "B" A tract of land located in the Northeast Quarter (NE1) of Section 4, Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado, being more particu- larly described as follows : Commencing at the Northeast Corner of said Section 4 and considering the East line of Section 4 to bear South 03°51' 52" East with all bearings contained herein relative thereto; Thence South 03°51' 52" East along the East line of said Northeast Quarter (NEa) of Sec- tion 4 , 1, 925. 00 feet to the True Point of Beginning of Parcel "B" ; Thence continuing South 03°51' 52" East 125. 00 feet; Thence North 90°00 ' 00" West parallel to the North line of said Northeast Quarter (NEa) of Section 4 , 349. 26 feet; Thence North 03°51' 52" West parallel to the East line of said Northeast Quarter (NEa) of Section 4, 125. 00 feet; Thence North 90°00' 00" West parallel to the North line of said Northeast Quarter (NEa) of Section 4 , 349. 26 feet to the True Point of Beginning of Parcel "B" . The above described parcel of land contains 1. 00 acre. WHEREAS, the Board of County Commissioners has studied the request of Darryl Lockman for a subdivision exexption, has studied the recommendations of the Weld County Department of Planning Services and deems it advisable to approve said subdivision exemption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the abovedescribed parcels be, and hereby are, declared to be exempt from the defi- nitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and e ;� • SUBDIVISION EXEMPTION_ FLOW SHEET County Commissioners Meeting Date: 1 \ OP% 1l o® Applicant.: b�rtek *`Oe,6.�cp-.M� / Case #: "114 IV Legal Description: `}, E4 SQL — Le Location: 3 �4fs,r, I Data I E3y APR 7 1282 ` \LT. Application Received 17 1980 Application Complete APR 17 198E C,� Letter to Applicant Drafted SE# Assigned APR 17 f`0 C0. Air Photo Map Prepared /4 Chaindexed �[—.RP-VC) -Applicant Notified / / Legal Approved by County Attorney APR 28 1980 �^^ Field Check by D.P.S. Staff APR 28 MAY 51980 D.P.S. Recommendation Drafted Ca-e� D.P.S. Recommendation Typed RAY 5 1980 Packets Xeroxed MAY 5 1980 �q History Card - Completed 1 • \At° eoox 903 1824628 3 -3 BE IT FURTHER RESOLVED by the Board that the parcels described above be, and hereby are, considered to be single lots . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 7th day of May, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO tit cty (Aye) C. W. Ki ,, �(hairman 'ao xa-.lnbyx cf. t2ei (Aye) Leonard L. Roe, Pro-Tem (sr,— (Aye) Norman Carlson p 44 ' Q, .. qL4 . (Aye) • /n{ Lydi un ar ATTF&T'f `^n—_;e ( M e K. SteCaJe �2/JCYe) Weld County Clerk and Recorder and Clerk td the Boa BY'-,/, 14iwC- /V( of CA-cam( , Deputy County Clerk 1 APPROV D AS TO FORM: .1 4Count Attorney Y DATE PRESENTED: MAY 12, 1980 TO: Board of County Commissioners Date May 7, 1980 Subdivision Exemption # 114 Applicant Darrel Lockman Legal Description of Property: Part of the NE'. Section 4. T6N. R66W of the 6th p.m. , Weld County, Colorado. Location of Property: 3 miles west of Eaton 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 Fall: in flood plain or a geologic hazard area XX Agree with the Weld County Comprehensive Plan XX Create new parcels elgible for building permits XX Agree with surrounding land uses XX COMMENTS: The applicant has submitted a letter dated March 17, 1980 which sets forth the reasons why this request has been made. The subdivision exemption, if approved, will clarify for the record that two (2) separate pracels exist. 10o ca�rtr ,,,��,Qbs of 6 O30 J OUP CC:rg Assistant Zoning Administra 5/5/80 804-8O-O40 Greeley, Colorado March 17, 1980 Department of Planning Services Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Gentlemen: My wife and I are in the process of applying for a sub- division exemption on forty acres of property which we origi- nally acquired under contract dated October 26, 1967, from Jim Lee Davis and Mary Jane Davis. The contract of purchase, which is Exhibit C attached to our application, called for a full forty acres of land. We obtained a conveyance of one acre of that land in October of 1967 as a plot to build a residence upon. This deed, as origi- nally executed, was in error as we were required at that time to have a 180-foot front. Accordingly, the deed was changed to pro- vide for a 180° front and a lesser depth to convey one acre of land. We built a residence property upon that one acre and have lived there ever since. In 1978, we brought suit against Jim Lee Davis and Mary Jane Davis to correct errors in the title and to foreclose a Deed of Trust securing a promissory note upon all of the property and for specific performance of the terms of our contract, Exhibit C. In the process of that lawsuit , a settlement was reached wherein we obtained a deed to the entire forty acres from Jim Lee Davis and the note and Deed of Trust were satisfied by his conveying to us an additional five acres of land under a different and entirely unrelated description. We took a deed from Jim Lee Davis to the entire forty acres, which included the one acre upon which our residence was built , for the reason there were title difficulties which could not be conveniently cleared up and satisfied under a separate deed of the a'dJ� Department of Planning Services Weld County, Colorado Page 2 March 17 , 1980 remaining thirty-nine acres that had not been conveyed to us under the contract of October 26,1967. Had the deed conveyed only the thirty-nine acres, it is felt by us this application would not have been necessary. How- ever, we did purchase the property under two separate conveyances and we would like to continue the property under that holding as in the future, we will want to build an additional residence upon our thirty-nine acres and make sale of the residence upon the one acre. We have attached the following documents to our application in order to demonstrate and show that we originally purchased this property in 1967 and took title at that time to the one acre of land, and the remaining thirty-nine acres was continued under the contract until we obtained a deed dated May 31, 1979, conveying the remainder of the property and, as stated before, the one acre already conveyed for purposes of curing title defects. Our attorney, in attempting to correct the deficiencies which we had and the problems we had with the contract , has been Ralph E. Waldo, Jr. of the firm of Waldo and Waldo. If you have any ques- tions concerning this, we would appreciate your calling him and he will be glad to explain any points of this matter to you as he is acquainted with the whole matter in every detail. Yours very truly, f .f Darrel C. Lockman 35581 Weld County Road #31 Eaton, Colorado 80615 14 APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext . 404 Department of Planning Services, 915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SE.- \\ 4 APPL. FEE Le) . 0-0 ZONING DISTRICT b�ctH` lA RECEIPT NO. , k % -S Z DATE y --t �' APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described pro- perty 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 of County Commissioners. LEGAL DESCRIPTION: Part Section Four(4) T Six(6)N, R 66 W See complete legal description in Exhibit"A" attached. See Exhibit B for description of land conveyed out of ExhLBkt A in October, 1967. See Exhibit "C" for original contract of purchase of all lands conveyed by Exhibit A, which includes the lands described in Exhibit B. See Exhibit "14" for plat of lands conveyeddby Erhibit A. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x FEE OWNERS OF PROPERTY: Name : Darrel C. Lockman and Tamara L. Lockman as joint tenants Address : Rt. 2, Box 44, Eaton, Colorado 80615 Phone 454 2049 Name : Address: Phone Name: Address : Phone I hereby depose and state under the penalties of perjury that all state- ments, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. VjelLs^ COUNTY OF WELD ) Y, STATE OF COLORADO) - 2 z Signature : Owner or Authorized Agent Subscribed and sworn to before me this g day of 19 p d SEAL Notary Public 41 /a /9/3 My Commission expires: O. • T%IEPHONE Cor. Post -r-E�6PMo Ni Pout POLE N;C NLC 1‘.11..C NO.ILCoe ' , O 4l Y c rwONE P.n.sM s•• `. , n — a• 3n s NE.C _ ?on PowrR.Pot.a \ ` N sec \ reLerMoNe PoL( N9o' oo• o"W NE Conner _ Y 1 � I j � ,y Sec•4,T6N,R6E NACor ` N. Line Sao 4, T6IN, R66W ✓�O' v. ���, tr SZ. d 0 T.: cr 0 O W ` I N Ou1J1 ^ S9o•oo'oo"C u) Orr lv -- r �Tr e p ,n4 of• E.e9,nning, par:A—N �4�i 9° M -AN . NN id _ tl Parcel '�Ae 0 A a I H 59 Acres+ Cr` w Twe Po -F;n �J N9000OO gey,nn,nc�, Po, - _ 1�" _ N 0 349x6• _. vT .� NI ,t .th Pdcel "8" L tl I A N N 1.Oo Ao•ss N 2 0.00'0e I.,ins. Li 3. 49•26'as -{- 0 N 900'00'•W �� True Pe,n-} o Scale. III =SO' — 145.5 Oc 7c �a9innm9.Pc 0 I True 9oen4 4 se 9lnn,ng, Ran•'G` .YI_1�0• Parcel "D' -- . ParceI .G. - - . �r0 0 I Acre .� tJELSON•.. HALEY-PATTERSOIJ it Qu1RK JI 9Acres: mio m p $ Gor, • CONSui_rIMO En01NEERS — .-- 195.S_. "'g Auu9' 17) le(o7 . _- L1ne, NCC . O N.C1/4 • LA "i SecA ■IndicoAes Pins Found - • I T6N,R66w (l^ 4 O 1e .• ^/Cops . .s4 . ,lto. 'ets LoTy • ) ;CGnc.S•irv.f.ra. _ - INC. LL • F r PARCEL "D" (CONTINUED) 4 d- 1 Thence South 03° 51' 52" East along the E t line of said . - _�o tliNI Northeast Quarter (NE1/4) of Section4, 2,241.75 feet to th- ,, ra• k� P.. 047 True Point of Beginning of Parcel D-"; Thence continuing ei 4 c South 03° 51' 52" East along said East line of said North- a, �l •J east Quarter (NE1/4) of Section 4, 300.00 feet to the East Uj Quarter Corner (E1/4Cor.) of said Section 4; Thence west- erly along the South line of said Northeast Quarter (NE1/4)4of Section 4, 145. - feet, more or less; Thence North 03° 51' 52#1 West parallel to the East line of . said Northeast Quarter (NE1/4) of Section 4, 300.00 feet, more or less; S.F.Corner Thence South 90° 00' 00" East parallel to the North line of said Northeast cocci-ion 4 Quarter (NE1/4) 3f Section 4, 145.50 feet, more or less to the True Point of Beginning,... 9,above described parcel of land contains 1 acre, more or less.? � ')'' R.b�I 0:t' :Oqu! SURVEYOR'S CERTIFICATE I do holeby r-. _r� COG under my personal supervision, this plat and legal description were preparl3dfand tt:-c the (Amer monuments indicated hereon were properly placed during an actual and sCc ate 5ecidy ofltEe land completed on August 17, 1967, for Mr. James L. Davis: - a e w • y�i �O • �11,r� read , 1,..„ .4 Z i✓ v it Paul E. Radasch, Registered Land Surveyor and ... nr ,.,.1pP` Pnnfnr,;nnni rnrt n -s_ Cnlor do req. "n. soeo LEGAL DESCRIPTION pp A D I� ,ru- PARCEL "A" A tract of land located in the Northeast Quarter (NE1/4) of Section 4, Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado, being more particularly described as follows: Commencing at the Northeast Corner of said Section 4 and considering the East line of Section 4 to bear South 03° 51' 52" East with all bearings contained herein relative thereto; Thence South 03° 51' 52" East along the East line of said Northeast Quarter (NE1/4) of Section 4, 1,019.75 feet to the True Point of Beginning of Parcel "A"; Thence continuing South 03° 51' 52" East along the East line of said Northeast Quarter (KE1/4) of Section 4, 905.25 feet; Thence North 90° 00' 00" West parallel to the North line of said Northeast Quarter (NE1/4) of Section 4, 349.26 feet; Thence South 03° 51' 52" East parallel to the East line of said Northeast Quarter (NE1/4) of Section 4, 125.00 feet; Thence South 90° 00' 00" East parallel to the North line of said Northeast Quarter (NE1/4) of Section 4, 349.26 feet; Thence South 03° 51' 52" East along the East line of said Northeast Quarter (NE1/4) of Section 4, 191.75 feet; Thence North 90° 00' 00" West parallel to the North line of said Northeast Quarter (NE1/4) of Section 4 to the East bank of the Montgomery Seepage Ditch; Thence northerly along said East bank of the Montgomery Seepage Ditch to a point which is 1,017.43 feet South of the North line of said Northeast Quarter (N£1/4) of Section 4; Thence South 90° 00' 00" East parallel to the North line of said Northeast Quarter (NE1/4) of Section 4 and 1,017.43 feet South of, as measured perpendicular, to said North line of, the Northeast Quarter (NE1/4) of Section 4 to the True Point of Beginning. 14 11 The above described parcel of land contains 39 acres, more or less. _ 40 ( ( PARCEL "B" ,J A tract of land located in the Northeast Quarter (NE1/4) of Section 4, Township 6 North,` Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado, being more particularly described as follows: . Commencing at the Northeast Corner of said Section 4 and considering the Fast line of Section 4 to bear South 03° 51' 52" East with all bearings contained herein relative thereto; Thence South 03- 51' 52" East along the East line of said Northeast Quarter (NE1/4) of Section 4, 1,9. ;.00 feet to the True Point of Beginning of Parcel "B"; Thence continui .; South 03° 51'- 52" East 125.00 feet; Thence North 9U" 00' 00" West parallel to the North line of said Northeast Quarter (NE1/4) of Section 4, ' ,9.26 feet; Thence North 00` 51' 52" West parallel to the East line of said Northeast Quarter (NE1/4) of Section 4, 125.00 feet; Thence North 90° 00' 00" West parallel to the North line of said Northeast Quarter (NE1/4) 1/ of-Section 4, 349.26 feet to the True Point of Beginning of Parcel "B". 0 The above described parcel of land contains 1.00 acre. PARCEL "C" I_ �� A tract of land located in the Northeast Quarter (NE1/4) of Section 4, Township 6 North, v Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado, being more particularly described as follows: Commencing at the Northeast Corner of said Section 4 and considering the East line of Section 4 to 1- ar South 03° 51' 52" East with all bearings contained herein relative thereto; Thence South C _° 51' 52" East along the East line of said Northeast Quarter (NE1/4) of Section 4, 2,'4..1.75 feet; Thence North so' 00' DO" West parallel to the North line of said Northeast Quarter (NE1/4) of Section 4, 145.60 feet, more or less, to the True Point of Beginning of Parcel "C"; Thence continuing North 90° 00' 00" West parallel to the North line of said Northeast Quarter (NE1/4) of Section 4 to the East bank of the Montgomery Seepage Ditch; Thence southerly along said East bank of the Montgomery Seepage Ditch to the South line of said Northeast Quarter (NE1/4) of Section 4; Thence easterly along said South line of said Northeast Quarter -(N11/4) of Section 4 to a point on said South line of said Northeast Quarter (NE1/4) of Section 4 which is 145.50 feet, more or less ie:_t of the East Quarter Corner (E1/4Cor. ) of said Section 4; Thence North u 51' 52" West parallel to the East line of said Northeast Quarter (NE1/4) of . Section 4, 30v. .3 feet, more or less, to the True Point of Beginning of Parcel "C". /,40 ,j The above desc: . ,ed parcel of land contains 9 acres, more or less. -F' O PARCEL "D" i 2 , A tract of lan_ _ocated in the Northeast Quarter (NE1/4) of Section 4, Township 6 North, k Range 66 West o. the Sixth Principal Meridian, Weld County, State of Colorado, being more particularly described as follows: lfr Commencing at the Northeast Corner of said Section 4 and considering the East line of Section 4 to bear South 03° 51' 52" rest with ell bearings rontetnn4 Lu' nln rnlntivn thrrtto; AL 417 I-.-d AGREEMENT THIS AGREEMENT, made and entered into this e.26 day of �_Ui�o /4 . 1967 , by and between JIM LEE DAVIS and MARY JANE DAVIS, hereinafter called first parties , and :AR4cL C. LOCKMAN and TAMARA L. L0CKMAN , as joint tenants , hereinafter called second parties , • WITNESSETH, That if the parties of the second part shall first make the payments and perform the covenants herein mentioned to be ' made and performed by the parties of the second part, the parties of the first part will thereupon convey to the parties of the second part the following described property situate in the County of Weld , and State of Colorado , to-wit: A tract of land located in the Northeast Quarter (NE:.;) of Section Four (4) , Township Six (6) North, Range Sixty-six (66) West of the Sixth Principal Meridian , being more particularly described as follows : Commencing at the Northeast Corner (NE Cor. ) of said Section 4 and cogsidering the East line of Section 4 to bear South 03 51' 52" East with all bearings contained herein relative thereto; Thence South 03° 51 ' 52" East along the East line of said Northeast Quarter (NE .;) of Section 4, 1019.75 feet to the True Point of. Beginning ; Thence Con- tinuing South 03° 51' 52" East along the East line of said Northeast :.tuarter (NEi ) of Section 4 , 905.25 feet; Thence South 90 00' 00" West parallel to the North line of said Northeast Quarter (NE/4) of Section 4 , 349.26 feet; Thence South 03° 51' 52" East parallel to the East line of said Northeast Quarter (NE4<) of Section 4, 125.00 feet;. Thence South 90 00' 00" East parallel to the North line of said Northeast Quarter (NEk) of Section 4, 349.26 feet; Thence South 03u 51' 52" East along, the East line of said North- east Quarter (NEra) of Section 4, 191.75 feet; Thence North 90 00' 00' West parallel to the North line of said Northeast Quarter INEZ) of Section 4, 1446.74 feet to the East bank of the Montgomery Seepage Ditch; Thence Northerly along said East bank of the Montgomery Seepage Ditch by the following courses and distances : North 01° 15' 13" East, 664 .66 feet; North 000 11 ' 22" East, 368.60 feet; North 15° 16' 12" East, 128.68 feet; North 00° 35' 48" West, 61.98 feet; Thence South 90° 00' 00" East parallel to the North line of said Northeast Quarter (NES4) of Section 4. 1344.46 feet to the True Point of Beginning; All within that parcel of land described in Warranty Deed re- corded in Book 580, Reception No. 1501587, Weld County, Colorado records. Together with an undivided one-half interest in all water for the irrigation thereof derived from Montgomery Seepage and Drainage Ditch, with all its connecting ditches and tile drains , and all water collected and to be collected thereby, title to which was quieted in William A. Groves by Decree entered May 11 , 1926, in Case of Jacob Eisenbach, Conrad Hoff and Peter Lauridsen vs. William A. Groves , Case No. 6642 in the District Court of Weld County, Colorado; And together with one-half interest in irrigation pump and motor and pipelines; in fee simple by good and sufficient warranty deed , free and clear, of all liens and encumbrances , and deliver a Title Insurance Policy therefor so showing. And the parties cf the second part agree to pay to the parties of the first part , as the purchase price of said property the sum of Twenty Thousand Four Hundred and no/100 Dollars ( 120 ,400.00) in the manner following , to-wit : ( a ) The purchase price shall be S20,400.00, of which the sum of $500 .00 has been previously paid and $4 ,900.00 is to be paid on the date hereof . The balance of 115 ,000.00 shall be payable with interest at 6'j4 per annum, principal and interest to be repaid in semi-annual payments of 1750.00 each , including principal and interest, with the first payment to be due December 1st , 1967 and with the un- paid balance to become due December 1 , 1972. All payments shall be made to the Escrow Agent, the Weld County Bank , 1007 Ninth Avenue , Greeley, Colorado. Parties of the second part shall be given full credit for each payment of $750.00 , said payments to be applied first to interest and the balance to principal . (b) The parties of the second part shall have poi session of the property so long as they are not in default and the parties of the second part shall maintain the property and any improvements thereon in as good a condition as the same were at the date posses- sion was turned over to them , ordinary wear and tear excepted . Parties of the second part shall not commit or suffer any other persons to commit any waste. (c) It is mutually agreed that all taxes and irrigation pump bills and repairs are to be adjusted to January 1st, 1968 , and interest to be adjusted to the date ;ere(.f . (d) The payments of the parties of the second part made to the Escrow Agent, Weld County Bank, shall be applied to and credited against the deed of trust of the fartifs of the first part payable to Myrtle Jane Groves by the said Escrow %gent executinga check pay- able to the said Myrtle Jane Groves in the amount of $750.00 less the escrow fees per each transaction. ( e) The legal title to the property shall be conveyed to the parties of the second part when the purchase price is paid in full. Title shall be conveyed by Warranty Deed conveying the premises free and clear of all liens and encumbrances and free and clear of all restrictions , reservations ,- covenants , conditions , easements and rights-of-way except such of those as are reflected by instrument • e.,. I , . - 3 - recorded prior to the time possession was heretofore deitvered to parties of the second part. At the time the Warranty iced is de- livered to the parties of the second part , a Title Insurance Policy also shall be delivered to the parties of the second part , and they shall become the owners thereof . Parties of the first part will perfect said title ineurancce policy within 90 days of the date of termination hereof and deposit same with the said Eecroe Agent , together with the above described warranty deed , which h=_s been placed in escrow at of the date hereof . :Ruth said warranty seed and title policy =`al1 be delivered to tee 1arties of the secor.:d part ley the Escrnw Agent upon rereipt of final p 'yment as =et forth ebevc- . T C he the I en of ) { d the � Time shall of s;s ._ cc _ , ';e �+gre_:men ?^.,, t::e partiee of the first part shell have the richt to forfeit all of the parties of the second peet ' e rights emir the eereer;ent if the parties of the second part are in default v,"It` respect to payment of taxes , or payments on the purchase price and if such defaults are not cured within 60 days after the giving of written notice by the per.tiee of the first part to the parties of the second cart , of the parties of the first part ' s intention to so forfeit the rights cf the parties of the second part. S-J cl- -notice 'can' be '-y pers4≥na1 eervice or by mailing said written notice by certified nail to the last kncvJn address of the parties of the second part or such other pap es the parties of the second part _hall designate in writing to the parties of the first part. In case of such election , parties of the second part shall forfeit all payments made , and such payments shall be retained by the parties of the first part in full setisfactior, and liquidation cf all damages the parties of the first part may have sustained , and the parties of the first part r'ay sell and dispose of said property as though this Agreement had never been made. (9) This Agreement shall not be assignable without the consent of the parties of the first part. (h) It is understood and a;reed that the parties shell divide all repairs and replacements involved Sr. the pumping plant or pipeline, parties of the second part to pay one-half the cost of all such repairs and replacements ; this to become effective at such time as the parties of the second part shall use Enid equipment for their personal use , but not later than ,'anuary 1 , 1968. There shall also be a '_ or kept at the met ' a - 4 - and each party shall record the :::eter readi - o at the time he turns the motor on and the tile h= turrs it off , to be used to .'-atermine the richtful share of electric bill . AND it is agreed that all the c: -tenants and agreements herein contained shall extend to and be binding upon the heirs , executors , administrators , successors and assigns of the respective parties , and that the only relationship existinc by re'son of this contract • is that of vendors ?nd venlees . IN AITNESS WHHH.WF , the parties hereto hmve erect ted and signed this .Agreement in duplicate- the day and year : _rs • e r ':e written. Darrea Loc man L1,� avis rm Lee .,avia Tamara L. Lockman Marc i ane Davis • 07,----,7, I l-- A, r' .l 1✓ .�.,, ,' . • . 152 Ibj //' JUN 271968 '� I a.c.ke 1518Q't9 e.a Sp...:. ].;ads ; • } — J arina/ . • J. u) cowl a.�..d _ NQV 141961 r 1L_&da b�*.Nu ✓ n 588 ....om. ms ._11.5.0�_ T_ !!.!9 . . ■.a.ew. owns Vihi0 eeD, Maeda' 26th dq d October ' is w ' Rey d or Lord ant thousand alas bated owl sixty-seven assess l ( JIM LEE DAVIS and MARY JANE DAVIS , o o* d dg Co..b a Weld gud$$ a Cdrudw d w e-e wdare• IS DARNEL C. LOCKMAN and TAMARA L. LOCKMAN, w 0 of Cowld Weld WStardCdraMdw 4 O = N r<ar pant dw w•d w wR7nLaL'1'wt ma abs said parties d w tin nd.6 ad Y aad/r llos l die SI a " TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS N) r w said we 18s d the Ike part Is NW paid by S. Si wog M w gggad part. the ndal whereat It a Neely e.deeted and adlMola*N. Y V sere& NsWMd.sM ad rarhdo ad by IS"pulls Es in PSe.6gpla.*as.asaasT W eoadas ulo w*ail ae*tlg d w name ago is peas Sgt M sassy Is sea 0 M is Ids ce.aacy.St erHrr d do a.task ugly*rd deg MNr ad gely,d aW aanNR lease.dl w Id- p balm desaiind lot r SS of MI.Sea Wad gad MIS Y w W Sow d CM.gdo.Wirtz u CaaW Of Weld i .+ • ii . A tract of land located in the Northeast Range Sixty-six Section Four (4) , Township Six (6) North, Y-sof (66) West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows: 1 Commencing at the Northeast Corner (NE Cor.) of said CSection 4 and considering the East line of Section 4 to S I bear South 03° 51' 52" East with all bearings contained herein relative thereto; thence South 03 51'52" East along the East line of said Northeast Quarter (NEZ) of. _ Section 4, 1925.00 feet to the True Point of Beginning; rThence continuing South 03° 51' 52" East, 180.00 feet; 'f thence North 90° 00' 00" West parallel to the North line d3 of said Northeast Quarter (NEZ) of Section 4, 242.54 feet; sL^^' thence North 03 51' 52" West parallel to the East line o. ^� p m said Northeast Quarter (NEY) of Section 4, o F h Thence North 90° 00' 00' East parallel to the North line of P said Northeast Quarter (NEZ), of Section 4, 242.54 feet to "M G i the True Point of Beginning. "w THIS INSTRUMENT RE-RECORDED TO SHOW CORRECT 'LE04.DESCRIPTION _ j ,{� 1`1 Y.6h 1 /• 1 !. 1- 1 { t , .Y l Ili. . • j . T: yJA A I - t •F • . ✓ ;Er: + SOON 596 151&039 7 I goat 588 1509931 t a-a. • The above described property la a portion of the same property as described ip- warranty deed recorded la Book 580, under Reception No. 1501587 wherein Myrtle J. Groves in the Grantor and Jim Lee Davis and Mary Jane Davis are the Grantees. TOGETHER with Wad singular the hendnameue sad wWnawwee Mersa no belaalat or It sr win r appertaining, end the tvvenien sad reveries. remelader and reeufadmh r ies rues and d e first part either d c ', as the estate.right,dJe.interest.trio and demand whauarver d W sold part -, law or equity. d. I.and to the above barphed pterelan the berditamtata sad sppatmoasa TO HAVE AND TO MOLD the mid p M enes ove repined and deseribeL with spretearer an the . said parr b/the second pen,she aorvbm d drew.041 —karkirkrilitike heirs sad SSW d orb servivm/or- p Cr. ever. Ad the said part iesel lbe met part/utheMelVes, racer"WWI. manor ad admkSrNars. do a t'1f k' cornea, gnat. barrio sad agree to sad with the mid perees d the art. tired.wirs Ira t sir p ['1 _ u.iw tad the heirs sad usiW d such smdrar,that et the dare d the menana red deSvetisa d these MrmNa. w they are well sand d ere premiva are raven.u d gar. leaf.. sad point,lib seWWy m W earrha N ��'. • d nberimce.is law.I. tee rare,sad h•We rod rat MI power dear Irma 0 _ sea W many,the awe is manner and lam slmeaamid end the mate are vet leesss Wtld or ear*wren and • , other anon, berms. Wes. Ma, rases, summon I� except subject to the 1967 tax asses ment payable in 1968; reserve-- _ tions, exceptions, covenants, conditions and restrictions created • 1 by instrumets of record and rights-of-way and easements estab- q. lished on the premises; , t • . ad the above wrier rosins n the quiet ea paatasA Forma d • the said parties d M ssaad rw. eke tT t. tn emrfvm of them. Unit amigos and the Min ad amigos d wM senior.rant all and nen Mira av tenor 1 4 0 terry claiming radar the whole a or pm ru t Semi dm sold t ies of the Asst put Jr and wilt WARRANT AND FOREVER DEPEND. If% IN WITNESS WHEREOF. W mid pastier eke lino pass bWS bask;set their beads sad ea f: sera the dap sad year Spam*see *err. w,,• Signed, Sealed sad Delivered la the Fumes al M L@4 D is fifirrio. _(sEAL) • y /(/ t P (9f t ..i - IB Le .%fir aClf'1�t,� (SEAL.) o I. P P _ rr11�r�, _ rY Dev�s ,.4 t. O ,^ •: L,, . e-: par � ! 1: 41 it DI u L - _(SEAL) V t sy.94 %ADO.} TM nnaona netnrel via aMasadadged icier m tW 26th dv d ' October I1b]b iIY LEE DAMS and , - P:4 \ • 1.5•4771-b._ r'af f 1'tiny 5 t MARY tANF DAVIS WEre°..•� i4 wirer MT MIN/adOrnekdP _ : •i p U 81- fns l my ot... ■em 1971•. .te: / 1i0.ter—.ne F, WARRANTY DEED—To Jain Teaam!a'Y-"'w'C 3 . 50-a'� �VI e t f . .. k . tki, .h,A / • .e. i• h . '17,11.J.114 1:98504 /a ze '¢ •' 7 • 1 �{Q��jry Reception No.._ { AUG �'Jr"'r��7� Recorder. 8 / Recorded at (0C`�j o'clock M., „U eJ 1J17 (• hf county Ca`Oi-6;:t UZ e RECORDER'S STAMP t THIS DEED, Made this -j Is' day of Jane- MAY 19 79 ,between �" i JIM LEE DAVIS and MARY JANE DAVIS ri .0• 1 State Documentary Fee 6 Cr' of the County of and State of AUG 31979 CO Date-----................._ o Cr. Colorado,of the first part,and $_- c2...03_-5/,.[_7 r-i DARREL C. LOCKMAN and TAMARA L. LOCKMAN whose address is 35581 Weld County Road #31, Eatono c of the County of Weld and State of Colorado, of the second part: WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of 0 in Other valuable consideration and Ten and no/100 DOLLARS, N '11 0 to to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, haver.i g granted, bargained, sold and conveyed, and by these presents do O grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not o r--- in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and t'1 being in the County of WELD and State of Colorado,to wit: } cti r� = SEE DESCRIPTION "EXHIBIT A" ATTACHED reN M rD 4-4 •Are. �p '2 .01 *telephone and water lines and rights-of-way and easements therefor. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part,for them- selves , their heirs, executors, and administrators do covenant,grant,bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law,in fee simple, and ha ve good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. subject to 1968 taxes and thereafter; to inclusion within the Northern Colorado Water Conservancy District, the West Greeley Soil Conservation District, the North Weld County Water District; to right-of-way and easement for oil and gas pipeline as pt�{�rov2iid1er�d��17.ci7t Agreement record $ i Book 1 Z4, page.81 of the Weld and'rR XaCiScaacg2Slteo 9mT52S irk yesgYeliAntE$F3t ablW DtEs1 Moon Wit i; tgArtPaP $e4Qo4o aet-r, heir heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said parties of the first part have hereunto set their hands and seal s the day and year first above written. qJV.L � f Signed,Sealed and Delivered in the Presence of 4--051--4-24---`/"""c—y [SEAL) Jim Lee Davis -el ' , '� �, // //� a°"j [SEAL] .__f /) Z--��� Mary Jane Davis �,' 7 [SEAL] STATE OF COLORADO1 ` - County of_Q02\R.IQ.._... ss. ``0..& ......... t��'C . The foregoing instrument was acknowledged before me this ≥ /-' day of '' 1� ••••' t 19 79 ,by JIM LEE DAVIS. : ; ` �oni0,•; _ nt rc missionpailres , 19 '.giro �s m -.hancrar aff`cia(_ soa].`t j{p�d r; 1 6o i�iAen-h,hi.Vae 14, 1V�-1 1 ` 1 l cr e ••.1 .••' S.AT$ c ' :,��.s-,_-•`/ ) #')!•''.II• /• OQkMTY OFI - , :. :, '-1-4-..-- )8S. "rlotaq�.y ,,.:. kr f eAbi, a<'nstrument was acknowledged before me this 4-:54. day of June, 19 R.Y QANE:DAVIS. Witness c Hand and'Official seal. )ly o ur4ssa•akg expires: .y ` r � / % Notary Public No.9211 wAn'..,, -r. IAtY1'I DEED To Joint Tenants.--[ir•dfor f' bliehing Co.tls"i-16 Stout Street,Denv er(Colorado.lvlr%0111 —1-77 " ..11,•,Nc._ry Public, Cl_rlcc County, My Coramission Expire; Marc, 2, 1 BooK 1 X7.98 30,1 877 O2-O2 "EXHIBIT A" A tract of land located in the Northeast Quarter (NE1) of Section Four (4), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. , being more particularly described as follows: Commencing at the Northeast Corner of said Section Four (4) and considering the East line of Section Four (4) to bear South 03°51'52" East with all bearings contained herein relative thereto; thence South 03°51'52" East along the East line of said Northeast Quarter (NE4) of Section Four (4) , 1019.75 feet to the True Point of Be- ginning; thence continuing South 03°51'52" East along the East line of said Northeast Quarter (NE3) of Section Four (4) , 1222.00 feet; thence North 90° 00'00" West parallel to the North line of said Northeast Quarter (NE3) of Section Four (4) , 1446.74 feet to the East bank of the Montgomery Seepage Ditch; thence Northerly along the East bank of the Montgomery Seepage Ditch by the following courses and distances: North 01°15'13" East, 664.66 feet; North 00°11'22" East, 368.60 feet; North 15°16'12" East, 128.68 feet; North 00°35'48" West, 61.98 feet; thence South 90°00'00" East parallel to the North line of said Northeast Quarter (NE1) of Section Four (4), 1344.46 feet to the True Point of Beginning; all within that parcel of land described in Warranty Deed recorded in Book 580, Reception No. 1501587 of the Weld County Records; Together with an undivided one-half (1/2) interest in all water derived from the Montgomery Seepage and Drainage Ditch, with all its connecting ditches and tile drains; and all water collected and to be collected thereby, title to which was quieted in William A. Groves by Decree entered May 11, 1926, in case of Jacob Eisenbach, Conrad Hoff and Peter Lauridsen vs. William A. Groves, Case No. 6642 in the District Court of Weld County, Colorado; and together with one-half (1/2) interest in irrigation pump and motor and pipe- lines. AC • • 14 I Le Y j • sfv: I A.. z y1 I :`y ` ,.` x r. $ _u I -, j,t 41,, , x s`h`+,yk ', _)aa, tnL a ,. i4' .., a I � r r t , , , ,.r e: ki d T t..^ - v ,, k i r! « E`tea. h 1 le)rek, let: " 4 �i k rylc M, ,,,,,,,e:.. c II., � , y'•4:,, :.i'r • « , :. �.i I .i , 'sue fit.. tip FIELD CHECK FILING NUMBER: SE-114 DATE OF INSPECTION: April 28 , 1980 NAME: Darrell Lockman REQUEST: Subdivision Exemption LEGAL DESCRIPTION: Pt . NE4 Section 4, T6N, R66W LAND USE: N Agricultural E Agricultural S Agricultural Agricultural . ZONING: N Agricultural LOCATION: 3 miles west of Raton E Agricultural S Agricultural W Agricultural COMMENTS : Pro erty }lac one rPci rl n g_l ted py1 1t. R l f nrnriorty has bee cultivated. Accesses are existing. County Road 31 is paved. Drainage appears to be to the west and north. BY: CSSa. b , • • DEPARTMENT OF PLANNING SERVICE PHONE(303)3564000 EXT.40< e 91510TH STREE ` GREELEY,COLORADO 8063- -I1,1\!:d , �" ` ® CASE NUMBER SE-114 COLORADO • REFERRAL April 22, 1980 TO WHOM IT MAY CONCERN: Enclosed is an application from Darrel Lockman for a Subdivision Exemption • The parcel of land is described as Part of the NE1, Section 4, T6N, R66W of the 6th P.M. • The location of the parcel of land for which this application has been submitted is 3 miles West of Eaton This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 30, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3. Please refer to the enclosed letter. Signed Agency Date istan6 Ass Zoning A ini ator 4. ' DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 April 18, 1980 • COLORADO Mr. and Mrs. Darrel Lockman Rt. 2 Box 44 Eaton, Colorado 80615 Re: Request for a subdivision exemption on a parcel of land described as part of the NE1, Section 4, T6N, R66W. Dear Mr. and Mrs. Lockman: Your application and related materials for the request described above • are complete and in order at the•present time. I have scheduled a meet- ing with the Board of County Commissioners for Wednesday, May 7, 1980 at approximately 9:30 a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any question the Board might have with respect to your application. If you have any questions concerning this matter, please feel free to contact our office. Respectfully, CM& OAPPElied Chuck Cunliffe Assistant Zoning Administrator CC:rg 4' Y • PO4 6197324 RECEIPT_`OR_HERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED= NOT FOR INTERNATIONAL MAIL' - (See Reverse) SENT TO Darrel Lockman STREET AND NO. _ Lt."2 Box,44. bc.,STATE AND ZIP CODE•, Eaton, Colorado 80615 ' - POSTAGE ' I S CERTIFIED FEE - ¢ - L SPECIALDEUVERY' .e RESTRICTED DELIVERY ¢ CC En yj SHOWTO WHOM AND ¢ DATE DELIVERED Ett w SHOWTOWHOM.DATE. ANDADDRESSOF ¢ S - DELIVERY SHOW TO WHOM AND DATE m E c z DELIVERED WITH RESTRICTED ¢ �_�,�_,�_ x DELIVERY r J_ - ¢a ,¢ SHOWTOWHOM.OATEAND ADDRESS 0?DELIVERY WITH ¢ T SENDER:Cum 1,2,and 3. - RESTRICTED DELIVERY your address Add your address in the"RETURN TO"space on — TOTAL POSTAGE AND FEES S 3 reverse. , ST Q POSTMARK OR DATE - I.The following service is requested(check one). Show to whom and date delivered —{_ gi., ❑Show to whom,date,and address of delivery.._0 ^ 4-18-80 m El RESTRICTED DELIVERY E . G Show to whom and date delivered..........._it • on RESTRICTED DELIVERY. h a „Show to whom,date,and address of delivery.S- - (CONSULT POSTMASTER FOR FEES) _ i 2.ARTIE ADDRESSED TO: ) Mr. and Mrs. Darrel Lockman 9 Rt. 2 Box 44 , Eaton, Colorado 80615 9 A 3.ARTICLE DESCRIPTION: A REGISTERED NO. CERTIFIED NO. INSURED NO. P04 61973241 y l I (Always obtain signature of addressee or agent) I '1 r B I have received the article described above. 1—` , m SIGNATURE O Address e O Authorized agent 1 y .. x�, ;� oDATE OF .y DELIVERY / `/POSTMAI1, ` 41%715.ADDRESS(Complete only it regueste l A4 s _, ^ , y — 6.UNABLE TO DELIVER BECAUSE: �GtCERK'di y_. 4.- * ra>.-ara-r.¢ Hello