HomeMy WebLinkAbout800513.tiff RESOLUTION
RE: GRANT BUILDING PERMIT FOR JACK VAUGHN.
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, Jack Vaughn has applied to the Board of County
Commissioners of Weld County, Colorado for a building permit on
a parcel of land described as follows :
Tract 6, Aristocrat Ranchettes Subdivision
WHEREAS, pursuant to Section 13C. (1) of the Weld County Sub-
division Regulations, approval of the Board of County Commissioners
is necessary prior to the issuance of a building permit on the
abovedescribed property, and
WHEREAS, after considering said request for a building per-
mit, the Board of County Commissioners finds that said request
should be granted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the request of Jack
Vaughn for a building permit on the above described property be,
and hereby is, granted.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
January, A.D. , 1980 .
� BOARD OF COUNTY COMMISSIONERS
ATTEST:
4 , ,. a z.'., s7;, WELD COUNTY, COLORADO
Weld County Jerk and Recorder l //et/1 -t (y (Aye)
and Clerk to the Boar , C. W. Kiry, �irman
Y°j 24-o---1-(A11.<1 4 v � 4 2,--0,44_ V °� (Aye)
CDeputy County- Jerk is Leonard L. Roee /
/ vat
QF0 D AS TO FORM: (Aye)
Norman Carlson
a
County Attorney (ABSENT)
Iyydia Dunbar
1 / // i.e /i7; ,','al '/c.(Aye)
June K. Sttinmark
v
, ; 60051:.3
Imo- LOy b5
DATE PRESENTED: JANUARY 23, 1980
BEFORE THE WELD COUNTY PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI ` SIONERS
Moved by Jerry Kiefer that the following resolution be intro-
duced for passage by the Weld County Planning Commission :
Be it therefore Resolved ay tde Weld County Planning Commission
that the following be adopteJ by the Board of County Commissicners :
Approval of issuance of building permit on an
illegal parcel - Tract 6, Aristocrat Ranchettes
Subdivision
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Motion seconded by Frank Suckle
Vote : For Passage Abstain Against
Bette Kountz
Frank Suckle
Jerry Kiefer
Fred Otis
Don Billings
Jim Gilbert
Bob Ehrlich
Chuck Carlson
Th Chairman declared the motion passed and ordered that a certified
copy of this Resolution be forwarded with the file of this case to the
Board of County Commisioners for further proceedings .
CERTIFICATION OF COPY
I , Shirley A. Phillips , Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County, Colorado . adopted on January 15. 1980 and re-
corded in Book No . VII of the proceedings of the said Planning
Commission .
Dated the 16 day of January 19 so
\\ i i
Secretary
December 18 , 1979
CASE NUMBER : N/A
NAME: Jack Vaughn
REQUEST: \Building Permit; under Section 13 C. (1) of the Weld
County
LEGAL DSC Subdivision Regulations on an ille
LGALIDEdIvTract 6 , Aristocrat Ranchettesgal rSu d
2 miles northeast of Fort Lupton
HISTORY OF TRACT 6 ARISTOCRAT RANCHETTES SUBDIVISION
December 20, 1974
Unrecorded purchase note and agreement
executed between N. J. McConahay and
Ardith Ann Bachman jointly with Jack
Vaughn for Tract 6, Aristocrat Ranchettes
Subdivision
December 20, 1974
Unrecorded purchase note and Agreement
executed between N. J. McConahay and
Ardith Ann Bachman for the East 1, Tract 6,
Aristocrat Ranchettes Subdivision
December 20, 1974
Unrecorded
purchase note and agreement
executed between N. J. McConahay and Jack
Vaughn for West 1, Tract 6, Aristocrat
Ranchettes Subdivision
March 20 , 1979
East 1 Tract 6, Aristocrat Ranchettes
Subdivision conveyed by Warranty Deed to
Ardith Ann Bachman from N. J. McConahay
recorded on July 5, 1979 under Book 874,
Reception #1795809
August 7, 1979
West 1 Tract 6, Aristocrat Ranchettes
Subdivision conveyed by Warranty Deed to
Jack Vaughn from N. J. McConahay recorded
on August 9, 1979 under Book 878,
Reception #1799522
August 23, 1979
Jack Vaughn submitted application for a
Zoning Permit for a Mobile Home to be used
as a Principal Dwelling on the West 1 ,
Tract 6, Aristocrat Ranchettes Subdivision
August 28, 1979
Department of Planning Services notifies
Jack Vaughn it would not process mobile
home application because of apparent
subdivision violation on property
August 29, 1979
All parties involved notified of subdivision
violations by Department of Planning Services
Subsequent meetings and telephone conversations between the staff and the
parties involved has failed to produce any satisfactory results to all
the parties. It was therefore determined that a reasonable solution for
Mr . Vaughn would be to apply under Section 13 C. (1 ) of the Weld County
Subdivision Regulations .
1/4* x st
Ardith Bachman
Jack Vaughn
15024 Mary Ave.
Ft. Lupton, Colo. 80621
Dear Chuck,
On Dec. 1974 Jack and myself purchased two acres of land from
N. M. McConahay. On a month or so later we asked him to put each
acre on a separate contract.
Mr. McConahay said no problem. So he voided the first contract
and reissued us each one for an acre of land. We have now paid this
land off and each wons one acre
In March of 1975 we moved our trailers on the land. Previous
to that we came to Weld County Planning Commission for permits to
put our trailers on these acres.
We were told to first get our septic permit. So we got the
perk test and septic permit, got the septic tank and leach line in
according to the inspectors wishes, got our electical hookup
according to the specks and when it then came time to get our permits
for our trailers after spending all this money into permits that
everyone wantdd, Weld County Planning Commission said No Permits
because they were not going to let trailers stay out at the acres.
By this time we already had our thomes on the land. Some women
from W.C.P.C. came out to Rdd Tag our trailers and Jack told her No.
She then told us that we were 2nd Class Citizens and because we lived
in Mobile homes we had no constitutional rights. Needless to say, this
was exceedingly upsetting.
We have continued to live there minding our own business bothering
no one, until Jack came to Greeley to get a permit for his new
trailer.
He was told he couldn't get a permit because we are illegal. We are
trying to be legal but it seems to be a problem.
I am told we cannot subdivide these two acres because we don't
own 35 acres or more. Why can you not make McConahay do it? He sold us
the land. I cannot understand why our two small acres are such a
problem. There are lots of one acre tracts out there.
be? Why can ours not
I wish to co-operate with Weld County Planning Commission in every
way but I do not want to loose my home. Its all we have.
I wish to thank you for your help in this matter.
a Rn
Sincerely ��1� ir <no,
Ardith A. Bachman ti NpV;JSQ J�1J
eAd tp°��s��oe
Nv
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7
SANDRA D. BESSEGHINI
ATTORNEY AT LAW
1034 LOGAN STREET
DENVER, COLORADO 80203 TELEPHONE
(303) 8730970
September 5 , 1979
Mr . Chuck Cunliffe
Department of Planning Services
Weld County
91° 10th Street
Greeley, Colorado 80631
Re: Subdivision Violation
Aristocrat Ranchettes ,
Tract 6
Dear Mr . Cunliffe:
I have been singularly unsuccessful at reaching you
by telephone . In the absence of any additional information
from the concerned parties or from you, I have written to
Mr . Vaughn and Ms . Bachman, copies of which are enclosed .
I will notify you as soon as I have any word from either
of them.
Meanwhile , if you are in receipt of any information
which might assist us in an expeditious settlement , I would
appreciate hearing from you.
Very truly yours , G .
Sandra D . Besseghini
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DE',VER, OO!ORA C E3203 2.33. - -September 5 , 1979
Mr . Jack Vaughn
Route #1 , Box #160
Brighton , Colorado 80601
Re : Subdivision Violation ,
Aristocrat Ranchettes ,
Tract 6
Dear Mr . Vaughn:
This office represents Mr .. N.J . McConahay, from whom
you and Ardith Ann Bachman recently purchased Tract 6 in the
Aristocrat Ranchettes Subdivision.
According to our records , you and Ms . Bachman jointly
executed a Purchase Note and Agreement for the above-referenced
property. Subsequently, you and Ms . Bachman indicated that you
wished to pay one-half each, and requested Mr . McConahay to
accept two separate contracts on the property. My client indi-
cated that he so agreed , although both at the time and sub-
sequently he advised you that he did not know if he could de-
liver two separate deeds to the property. As the date for
closing approached , you insisted on two separate deeds dividing
the property and indicated that you would take care of any po-
tential problems .
As you have been notified by Chuck Cunliffeof the Weld
County Department of Planning Services , the separate deeds
which Mr. McConahay executed were in violation of the sub—
division regulations . It is the opinion of this office that
the separate contracts for purchase were similarly unlawful
and, therefore, void .
Since the initial contract which you and Ms . Bachman signed
would appear to control in this situation , we are prepared to
issue another deed to you and Ms . Bachman , either as joint tenants
•
Page 2
Mr. Jack Vaughn
September 5 , 1979
or as tenants in common. To avoid a cloud on the title of
this property, we request that you execute the enclosed Quit
Claim Deed to Mr. McConahay and return it to me as soon as
possible.
Please let me know as soon as possible the manner in
which you prefer to take title to the property. If you have
any questions , please do not hesitate to contact me .
Very truly yours ,
•
Sandra D. Besseghini
SDB/ml
enclosure
4.
SANDRA D. BESSEGHINI
ATTORNEY AT LAW
IC34 LOSAN STREET
DENVER. COLORADO 80203 13:31 E'
September 5 , 1979
Ardith Ann baciu1.T
15024 Mary Avenue
Fort Lupton, Colorado 80621
Re: Subdivision Violation,
Aristocrat Ranchettes ,
Tract 6
Dear Ms . Bachman:
This office represents Mr . N.J. McConahay, from whom
you and Jack Vaughn recently purchased Tract 6 in the Aristo-
crat Ranchettes Subdivision .
According to our records , you and Mr . Vaughn jointly
executed a Purchase Note and Agreement for the above-referenced
property. Subsequently , you and Mr. Vaughn indicated that you
wished to pay one-half each , and requested Mr . McConahay to
accept two separate contracts on the property. My client indi-
cated that he so agreed, although both at the time and sub-
sequently he advised Mr . Vaughn that he did not know if he could
deliver two separate deeds to the property . As the date for
closing approached, Mr . Vaughn insisted on two separate deeds
dividing the property and indicated that he would take care of
any potential problems .
As you have been notified by Chuck Cunliffeof the Weld
County Department of Planning Services , the separate deeds
which Mr. McConahay executed were in violation of the sub—
division regulations. It is the opinion of this office that
the separate contracts for purchase were similarly unlawful
and, therefore, void.
Since the initial contract which you and Mr. Vaughn signed
would appear to control in this situation , we are prepared to
issue another deed to you and Mr . Vaughn , either as joint tenants
c,; k
Page 2
Ardith Ann Bachman
September 5 , 1979
or as tenants in common . To avoid a cloud on the title of
this property, we request that you execute the enclosed Quit
Claim Deed to Mr. McConahay and return it to me as soon as
possible.
Please let me know as soon as possible the manner in
which you prefer to take title to the property . If you have
any questions , please do not hesitate to contact me .
Very truly yours ,
'Sandra D . Besseghini
SDB/ml
enclosure
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•
ARTISTOCRAT RANCHETTES
49h.{ Rails. Sireet— Phone 4J4k2D2
LSheamdge. Colorado nnuda
PURCHASE NOTE AND AGREEMENT
In consideration of the premises, after date, and for value received ( (We and Each of US) promis�`the order of N. I. IfcConahay
7�n '
the sum o 4-*Z'. . .Z A a ,'C4>c.,fd :.-.....rl!.C.4,44 sic (f- Q . ' la-tf Dollar
(1-- ee9 _.). the said sum to be payable in month inatallyd ts, comrt.enring on the /Lf llsy of 1.f __..,
19 d there on the same ender day of e h co m o s each installment to be amp of .. r _.._--- _ -_._\
f // �> /n ��_
-._.....__. _ -�" f�Z C—.f.s� r7� _ i:2. _ _.L'L• - _ Dollars,
each installment to apply first on interest on deferred b lances of principal .t the rate D 111f& ( . d thereafter in reduction
of principal, with privilege to prepay the principal or any part titer of at any time without interest pe lty such rrepaymen swayer, being in
substitution for or in any manner waivsn¢ r ee t r lie made the regular recurrt ayment h r.
The said note shall be payable at D }}—Tt L�..�FS�- ate. - 2)
Wheatridge. Colorado, or at such other pl ce a the holder may ono time to time designate.
— IT IS AGREED list if this note is not paid when duc cc declare"_here ^der,Puyee will he granted a twelve days after payments becomes due.However if not paid
within 12 days it is agreed a 91 penalty will he added,and that failure to make any payment of principal or interest when due or any default under any encumbrance or
agreement securing or ancillary to this note shall cause the whole note to Income due at once or the interest to be counted as principal at the option of the holder of the
rote.The makers and endorsers hereof lly waive presentment for payment,protest, notice of nonpayment,and of protest,and agree to any extension of time of
payment and partial payments before at'or after maturity,and if this note or interest thereon is not paid when due,or suit is brought,agree to pay all reasonable costs of
collection including fifteen per cent 115%I of all sums owing for attorney's fees.Authority hereby is given any attorney authorized to practice in the courts of record of the
State of Colorado to appear in any court of competent jurisdiction in the State of Colorado,including specifically hut not by way of limitation,the District Court of the City
and County of Denver,and to confess judgment for any sum owing hereunder as evidenced by the sworn statement of the holder hereof,entering appearance for the maker
or makers hereof. waiving all stays of execution, and waiving all proceedings on error,on appeal. or otherwise with reference to review, appeal, or vacation of said
judgment.
This note represents the unpaid balance of purchase price upon .Agreement immeallately following.
Dated at Denver,Colorado, this..._ Sl ay of...'_ ._ - '-��fc:� .... 19
4://W
/ /
- Z ((\��J, r1h�1/ ''�ra.'s� .__.._(SEAL)
"' ' laje
._. 'w^."f�\. ./��.� .-JVmfl� (SEAL)
THIS AG E ENT, de nLuDlfcate tit ... __ /.. day of ,. . �-a f {/Y ,19 . e ween N. 3. McConahay,
the seller.and ....C-' ✓ @"L.-: ._ gl..li Y d---- LIZ-J - __ ' .141.414(7
(as joint t a.and not 1n tenancy in co ), the Purchasers,WITNESSETH:
THAT, If the Purchaser(s) shall first make the payments and perform the covenants herein mentioned to be performed by the Purchasers (the
term purchasers as used herein contemplating a single or multiple persona a such gender as may apply in the premises), the seller will thereupon
convey to the purchasers the followin described real property, situate in ti County of Weld and State of Colorado to-wit:
—/_..¢.../ BI`-i^, d �4� ,Section .. • Township _ f�/./Z R [/�f _
In ARISTOCRAT RANCHETTE sub Iv also, according to f[(i a re plat titer of, su!!!jecect to a Declaration eR sMctive Covenan aco y of
which the purchasera agree to be bound as by covenant running with the land.
Convee-aaantes eh be made by good and sufficient Warranty Deed, free and clear from all liens and encturibranCes. except general taxes
for /_7 7-Cand subsequent years any installments of any special assessment not yet due and matured.Seller will deliver at the time
provided or deed hereunder,and at the Seller's coat,a policy of title insurance in the amount of purchase price hereunder,showing title
`�toobbbee vested in the Seller.
And the purchaser agrees too peat-to the seller
/�/ythe purcha pric/a�/pI said property,
. a sum of$ �/��t L."L/
In the manner ['plowing, to-wit. f/}_G/•rcl..//4e—c _- �n�/ /-jf� -�'"�fx �t i f-.J"
cash In hand paid. the receipt whereof is hereby acknowledged. and E /1/(- ,i er month on th ii
dayof each month untilthe balance o[E._., 1-k7 Is paid. I _ .
. evidenced by that note above and foregoing in monthly Installments in
accordance with the terms and provisions of the said note, incorporated herein by reference, with interest at the rate µFTC ( 11 per annum
on deferred balances as inthe said note provided, and the purchasers shall pay all truces and assessments that may b hereafter 1ev d upon the said
property before the same become delinquent,and shall keep all budding or other improvements erected, machinery or any equipmen thereon insured
for the benefit of the seller for the value thereof. and, until the termination hereof, shall be entitled to possession of said property, but in case of
failure of the purchasers to make any one or more of said payments, or to perform any of the covenants agreed to be made and performed by the
purchasers. this agreement maybe terminated at the election of the seller, upon giving to the purchaser THIRTY (30) DAYS' notice of intention so to
do, which notice may be served as provided by law for service of notice to quit. It is specifically agreed that payment terms allowed the purchasers
hereunder being very liberal, In case of such election to terminate the purchasers' rights hereunder shall terminate absolutely, and such sums as
shall have been paid under this Purchase Note and Agreement may be held by the Seller as liquidated damages, in full satisfaction and liquidation of
all damages the seller may have sustained,and the full obligation of the Purchasers under the said Note and Agreement shall be discharged: without
prejudice, In the alternative, for the right of Seller to recover upon the said note balances owed therunder,upon the payment of which, and receipt
thereof in full.conveyance shall be made as herein provided.
It la specifically agreed, and In one of the conditions of this Agreement, that the same shall not be recorded or filed for record In the County
of Weld and State of Colorado In any manner in the records of the Clerk and Recorder of the said County, and If the same be recorded the same
shall not constitute any lien, encumbrance, or cloud upon title to the said property in the hands of the Seller nor In any manner affect or derogate from
the title of the Seller therein. soot the same shall. if so recorded by the purchasers, directly or indirectly, forthwith upon such recording or filing or
placement of record terminate any and all interest of the purchasers hereunder or in the lands in this instrument:described. .
It Is mutually agreed that TIME AIIALL BE OF THE ESSENCE of this agreement,and If at any time the same shall be terminated in the manner
above provided, tie seller shall have the right to re-enter and take immediate possession of the said property, and the purchasers hereby agree to
Immediately surrender and deliver up the name peaceably to the seller, and if the purchasers shall remain in possession thereof after such termi-
nation. the purchasers shalt no deemed runty of a forcible detainer of said premises under the statute, and shall be subject to eviction and removal,
forcibly or otherwise with or without process of law.
As covenants and agreements herein contained shall extend to and be binding upon the heirs,executors,administrators,successor.• And assigns
of the respective partial.
IN W7TNEss WHEREOF. The parties hereto have hereunto set their hands and seals the day and year first above written, the purchasers
hereunder waiving and surrendering all right of homestead and homestead exempt ' . d specifically covenanlingg against attempt direct or indirect
to claim the same In and to the said property while any sums remain due and pays' a or net-balance remain paid hereunder, waiving any claim of
exemption of arty kind insofar as concerns the Seller.
OI 10 be reCO l / CC_ i r,,./7
-f'L -.. R 7 __ _-._.._._...__._—.. (SEAL)
D e in F 11 nor afore_8 Ye rs. N. e ,•r . s per.
ae4 / c-C . a_...:5.-i1 1s _._._.___. . (SEAL)
///�//, �j�/'1[ ��'v',/}�(� / %���yi ,� JY►[ ___.____ . ._._:.__ ._._.._��y/1�/� y1yt1,. _ �1 \1 .(HEAL)
V✓� 'v I✓ / r M / -e.L 1`l/// r4/ \ _`^" �_ l WtA/LS,-,,,A40 (SEAL)
(.iY/ �✓ _ . (SEAL)
(SEAL)
Purchasers.
.t • THIS CONTRACT CANNOT BE SOLD WITHOUT CONSENT OF SELLER, f
..S.._...) sit > 14 ]rrs_N Ci- -UJia'V SiC!JRED 3Y REAL P Oc'ERTY
(Direct, Se' ,d Loan, Evidenced by Note and Dee ' Trust)
74
:Da.,Gf T ens,. r o fD e Disclosures made to no..ar
BORROWERS. -. N j2 t I -.eZA _ !.f( c-:- ,G. ' L;h-Liz_ A
N S) F D.J (GI y) (5rate' (Zip)
(ENDER - -
N 'S AME) (Mailing Address, includrng Zip)
DISCLOSURES QUIRED BY FEDERAL LAW:
PAYMENT TERMS: Payable BASIC TERMS OF LOAN CONTRACT:
after date; 1. LOAN PROCEEDS: $ __-
or Payable in equal monthly payments of 2. OTHER CHARGES: (TOTAL) $
$ commencing on a. Premium, Credit Life: $ 2c
19 and on the same day of the month b. Premium, Disability Ins.: $ 71.)-1'
thereafter, plus an irregular payment of $ c. Premium, Property Ins.: $ 7O
due on , 19 ; (tax) d. Title Exam. Fees: $
(insurance) escrow deposits are called for in deed of e. Title Insurance: $Ai�
• trust and are in addition to above payments; (Delete f. Property Survey Fees:
payment terms inapplicable.); together with a delin- g. Legal Fees, Drafting Documents: $ `"77.L
quency or late charge of h. Escrow Deposit for Taxes: $ 722-
.
.�
i. Escrow Deposit, Insurance: $ /�.;,'
j. Notary Fees: $ .„,nZ
_
k. Appraisal Fees: $ /,/C
Further, upon Borrowers' Default, to collect OUTSTAND- I. Credit Reports: $
ING BALANCE or otherwise to enforce NOTE and DEED m. Filing or Recording Fees: $�
OF TRUST; on default BORROWERS shall be liable for n. Other: $ I
costs and expenses and 3. LESS: Prepaid Finance Charge: $
Required Deposit Balance: $ e
as TOTAL PREPAID FINANCE CHARGE 4/
Attorneys' fees of LENDER. AND REQUIRED DEPOSIT BALANCE: $ L
4. AMOUNT FINANCED (No. 1 plus No. 2 minus No. $
*5. FINANCE CHARGE: (TOTAL) $
BALLOON PAYMENT, if any, and conditions (if any) for a. Interest: $
refinancing same, if not paid when due:
b. Loan Fee: $
Sr c. Other $
a`6. T TOTAL OF PAYMENTS: $
�— o
/Q� 7. ANNUAL PERCENTAGE RATE:
J
*Not required for loans secured by first liens on dwellings, made
to finance purchase of same.
• PENALTY CHARGE ON PREPAYMENT OF PRINCIPAL
(M od of computation and conditions under which penalty may be imposed):_
INSURANCE DISCLOSURES:
PROPERTY INSURANCE, if written in connection with this loan, may be obtained by BORROWERS through any person of their choice:
subject only to LENDER'S right to refuse to accept any insurer ffered by BORROWERS,for reasonable cause. If BORROWERS desire prop-
erty insurance to be obtained from or through LENDER, the c t will be $ , per annum, based upon
current rates and classifications.
CREDIT LIFE AND/OR DISABILITY INSURANCE are not requir to obtain this loan, purchase of such through LENDER being voluntary
on BORROWERS' part. No charge is made for credit insur nce and no such credit insurance is provided unless the Borrower to he
insured under such Credit Insurance Po y signs the appr riale Statement below: (a) The estimated cost for Credit Life Insurance alone
will be $ _ for the term of th credit. (b) Th estimated cost for Credit Life and Disability Insurance will be $
for the term of the credit. •
I DESIRE CREDIT LIFE AND DISABILITY IN RA CE: I DESIRE CREDIT LIFE INSURANCE ONLY:
l
(Date) (Signature of Borrower) (Dale) (Signature of Borrower)
S RITY
Lender has a right of Set-Off against depos' or other sums which be due Borrowers, as by law provided. The following security
provisions are in addition to said right set-off.
(Description)
❑ FIRST LIEN
on
❑ SECOND LIEN •
❑ This property will Secure Future Advances or other Indebtedness
❑ The deed of trust will Cover after-acquired Property i
ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES:
The undersigned BORROWERS do herewith acknowledge receipt' of the DISCLOSURES contained herein. They further acknowledge that
at the time they received a copy of this Statement it was complete and all blanks were 'II d in. 7'
'
(WITNESS) (Dale Disclosures Received) (Signature of Borrower)
•
L 1
• yYs.`rGY7'Ll
(WITNESS) (Date Disclosures Received) (Sane ure of Borr er)
m...•....�...oaa3
s 4.
In conssiiddeeeratiti�onlvof//the
/%pG�erre, after date, 'd forr(Caallu'eelecceell/vedd al (We
ind/Each
off/('Si pre "---(o,Dy t order of N. J McConahay
the sum of - it..6 1/- l`- re;, ✓+_..6ev' 4441 l`+�_'- /�"t�404c wri L_.j .�_I. Pct l nra
/ � w
(i7 __ ____.). he sold stun to be➢arable lc month Ins!slim nab, eommendng on the „..2.47-----') _� day cf .- a�=t—" _
1Q •
and thereafter_o n�th�e�s"alit!tale _ of each month, each Installment to be In the amount of
�-!_t_ I _ _ __ .a.. Dollar!..Ofeach installment to apply first o interest deferred balances of principal et the rate 0 el ( Q%) per annum and thereafter in reduction
of principal, with privilege to prepay the principal or any part hereof at any time without Interest penflty such prepayment not however being in
substitution for or in any manner waiving ire/qui(�t�J¢/ep,(t7l;�ft there e ode,thhcrregulaar.recurring/n�yy,�m°enntsJt�eresafjak ,/,, /�' IrJ "/•
The said note shall be payable at- ...�....4/t� X/[ .-11-1 .....' 47!✓-!-X/e�l— 1 /.d. .r�-"`�__S _rt_�.._...r
Wheatridge. Colorado, or at such other place-as the holder may o time to time designate. V
IT IS AGREED that if this note is not paid when due or declared hereunder,Buyer will he granted a twelve days after payments becomes due.However if not paid
within 12 days it is agreed s* penalty will be added,and that failure to make any payment of principal or interest when due or any default under any encumbrance car
agreement securing or antii lorry to this note shall cause the whole note to become due at once or the interest to be counted as principal at the option of the holder of the
note.The makers and endorsers hereof severally waive presentment for payment, protest, notice of nonpayment, and of protest,and agree to any extension of time of
payment and partial payments before at or after maturity,and if this note or interest thereon is not paid when due,or suit is brought,agree to pay all reasonable rots of
collection,including fifteen per cent DS%I of all sums owing for attorney's fees.Authority hereby is given any attorney authorized to practice in the courts of record of the
State of Colorado to appear in any court of competent ju risdiction in the State of Colorado,including specifically but not by way of limitation,the District Court of the City
and County of Denver,and to confess judgment for any sum owing hereunder as evidenced by the sworn statement of the holder hereof,entering appearance for the maker
or makers hereof, waiving all stays of execution, and waiving all proceedings on error, on appeal, or otherwise with reference to review, appeal, or vacation of said
judgment
This note represents the ase price upon that Agreement immediately following.
Dated at Denver, Coloredo,ntphald bl./ r- day of_. sa ss t �._____.__ i 1„....;,'�/e
`J.l..___.__ e-e .-- _S/. ._.._—._(SEAL)
L —.—.__._.._ __ __—(SEAL)
THIS AG , Made In du to is Sday of ._ - —_— _.___. •19 /tween N. J. McConaha7,
Rrvltea:n T /} �J
the Seller,and .1/�!_ er
_..-f--=.- ......_...LL-
_ _..
(as Joint tenan, and t In tenancy In common), the Poi-char-re-:WIT SSETH:
THAT, / Purchaser(s) shall first make the payments an rform the covenants herein mentioned to be performed by the Purchasers (the
term purchasers as used herein contemDlatin single ognultipT ersons and such gender as may apply In the premises), the seller will thereupon
convey to the fair e/So1 wing dart d re ro/Derry, s1, t In the County of Weld and State of Colorado, t wit: i
Lot� jpF K ` y di ��
/ rice o .....Y"'-lass.-.... Section .._.. Township _g ---�� R .fG_.ld in ISTwhich the purchasers agre to be boun ! by covenant riding
running hotheland.[ thereof, subject to a Declaration of Restrictive Covenants, a copy of
Conveyances yah`11 is-made by good and sufficient Warranty Deed, free and clear from all liens and encumbrances, except general taxes
for ---_-_.j. L_.Y..—.--.-..--..--.- and subsequent years any installments of any special assessment not yet due and matured. Seller will deliver at the time
provided for deed hereunder,end at the Seller's cost,a policy of title insurance in the amount of purchase price hereunder,showing title to be vested in the Seller.
And the purchaser agrees to the seller, t}ie purchase/price saidd property.jLq/9 sum off S_}_.� , ��
In the manner following. to-wit:_ R (iCi(// rrt'F�!'"'�' \
cash 1n hand paid, the recsipt whereof Is hereby acknowledged,
and $ t v 2-.2-rDer month on the 2-.2-r
'
day of each month until the balance of!4, /•O Is paid. _ 0/ /
.13.s4yr.-e L21AS._77/5. j.?1Gier c2F A'_u,5_5iSSJ0A/ I=an._ 4.._c7s.Ys ..Ar.-t1-.-e
SzZM/n(4- toiV 17a4cT. evidenced by .that note above and foregoing In monthly Installments In
accordance with the terms andprovisions of the said note. incorporated herein by reference, with interest at the rate of//trzA ( 99 o per annum
on deferred balances as lathe said note provided, and the purchasers shall pay all taxes and assessments that may be hereafter levied upon the said
property beforethe same become delinquent,and shall keep all building or other Improvements erected, machinery or any equipment thereon insured
for the benefit of the seller for the value thereof, and,until the termination hereof, shall be entitled to possession of said property, but in case of
failure of the purchasers to make any one or more of said payments. or to perform any of the covenants agreed to be made and performed by the
purchasers, this agreement maybe terminated at the election of the seller, upon giving to the purchaser THIRTY (30) DAYS' notice of intention so to
do, which notice maybe servedasprovided by law for service of notice to quit, It is specifically agreed that payment terms allowed the purchasers
hereunder being very liberal, in case of such election to terminate the purchasers' rights hereunder shall terminate absolutely, and such sums as
shall have been paid under this Purchase Note and Agreement may be held by the Seller as liquidated damages, in full satisfaction and liquidation of
all damages the seller maybave sustained,and the full obligation of the Purchasers under the said Note and Agreement shall be discharged: without
pre)udice, In the alternative, for the right of Seller to recover upon the said note balances owed therunder, upon the payment of which, and receipt
thereof in full,conveyance shall be made as herein provided.
It Is specifically agreed and Is one of the conditions of this Agreement, that the same shall not be recorded or filed for record in the County
of Weld and State of Colorado In any manner in the records of the Clerk and Recorder of the said County. and If the same be recorded the same
shall not constitute any lien,encumbrance,or cloud upon title to the said property In the hands of the Seller nor In any manner affect or derogate from
the title of the Seller therein.and the same shall, if so recorded by the purchasers. directly or indirectly, forthwith upon such recording or filing or
placement of record terminate any and all Interest of the purchasers hereunder or in the lands In this Instrument described.
It Is mutually agreed that TIME SHALL BE OF THE ESSENCE of this agreement.and if at any time the same shall be terminated In the manner
above provided.the seller shall have the right to re-enter and take immediate possession of the said property, and the purchasers hereby agree to
Immediately surrender and deliver up the same peaceably to the seller, and If the purchasers shall remain 1n possession thereof after such termi-
nation, the purchasers shall be deemed guilty of a forcible detainer of said premises under the statute, and shall be subject to eviction and removal,
forcibly or otherwise with or without process of law.
All covenants and agreements herein contained shall extend to and be binding upon the heirs,executors,administrators,successors, ,and assigns
of the respective partied.
IN WITNESS WHEREOF, The parties hereto have hereunto set their handSand seals the day and year first above written, the purchasers
hereunder waiving and surrendering all right of homestead and homestead exemption and specific ly covenanting against attempt direct or Indirect
ac to claim the me in and to the said property while any sums remain due d payablq'or any bal remains tin d hereunder, waiving any claim of
exemption of any kind insofar as concerns the Seller. j `ji f
Not to be recorded. �l F J ' SEAL)
c on ay; eiler
tee i tell nor afore S Years /
�) Y.r____-..______.(SEAL)
is
___----.- _- __
- _
___ _.. (SEAL)
_._(SEAL)
De (SEAL)
�( 1‘151 Purchasers.
THIS CONTRACT CANNOT BE SOLD WITHOUT CONSENT OF SELLER.
/S
In eomtderat!ogyLtbe premises, aver date, and for value received (I) (We and 'Eac`:a y:St prof e to pay to the °n'._:- c _•-G
the sum of__V ,t��1��:. (----"n.---, _: �� tr / / l (,(�G�iG- L (2 `!__ ? 2'... -
f
(1`� ✓ , the_aid sum to be pavabbwin month ins a ., n':+, ce v ..g n the _._� day cf _.� t
,� _. e---' ,eD
M. 7. .and thereafter On th_e;arne calen3arAay of each month, each ali`nt o be-in the o unt of_ ...._. 0i____._ _ _.
each installment to apply first d' interest n deferred balance/of principal at the rate of /.f.,, tilt A ti/ - ) per annum - rid tee r f t in rt c.:
of principal, with privilege to prepay the f i cipal or any part thereof at any time without(itic c(stpecilty sucbprep tym_nt riot, f1, e , i-:,
Substitution for or in any manner waiving rig-awn/y_d.�at therreee••J�ee . de lt�he/jr^ular�recurring p-v me C ly r .'r•r'er) /��i t
The said note shall be payable ai � / '� y f l time
to__ ../r%..1✓ t'L��. � itil 6/ '��GS V C" >;� •,
Whealridge, Colorado, or at such other pion as e . Icier may f m time to time designate. V—
IT
- -
IT IS AGREED that if this note is not paid when due or declared hereunder.Buyer will be granted a twelve days after payments becomes due ilow'eser if t.
within 12 days it is agreed a.r&' penalty wilt be added,and that failure to make Any payment of principal or interest when due or any default under sinencur:.t.-
agreement securing or at�il'ia_ry'to this note shalt cause the whole note to become due at once or the interest to be counted as principal at the option of the b
note.The mskers and endorsers hereof severally waive presentment for payment, protest, notice of nonpayment, and of protest, and a- a to any extension of
payment and partial payments before at or after d maturity,ai if this note or interest thereon is not paid when due,or suit is brought,agree to pay nil rea-v..tile
collection,including fifteen per cent(Ire I of all sums owing for attorney's fees.Authority hereby is given any attorney authorized to practice in the courts of nee r
State of Colorado to appear in any court of competentjurisdiction in the State of Colorado.including specifically but not by way of limitation,the District Court of'l
and County of Denver,and to confess judgment for any sum owing hereunder us evidenced by the sworn statement of the holder hereof,entering appearance fur th.
or makers hereof, waiving all stays of execution,and waiving all proceedings on error,on appeal, or otherwise with reference to review, appeal, or vacatinr
•
This note represents the unpaid balahce,00ff purchase_/rc price upon thaaisAgreement Immediately following.
LL
Dated at Denver, Colorado, this •_�..L. ay of__ <. '4.-----it 19 �r
I /
__�.—/_J __—�f—___.__-_-E
e—_I
THIS AGREEMENT, add n dune;''`ate th1Y... .. _ day of.__�aa€—_/�`— • } 'e 1�/ �tween . hicthe sr ani �!./--__ 2 !/?/--- i&-L/_ '!L4±it ---
(as joint tenants,and not in tenancy in common), the Purchasers,WITNESSETH:
THAT, if the Purchaser(s) shall first make the payments and perform the covenants herein mentioned to be performed by the Purchas(
term purchasers as used herein contemplating a single or m Itiple persons and such gender as may apply in the premises), the seller wi 1 phi
convey tot • pure the foollloowwing describ real cop y, situat in the County of Weld and State of Colorado, to-wit: /
/`NETTS--_ ... _ ock_._e recur _...._..Section_�. _ Township _:2-f..71_____._.. Ra .__
(n ARISTOCRAT R/'F nee tc a subdiv by, according to the recorded plat thereof. subject to a Declaration of Restrictive Covenants, a
which the purchase agree toi,a bound as by covenant running with the land.
Conv;y ar m 'Weise made by good and sufficient Warranty Deed, free and clear from all liens and encumbrances, except genes
for --- ..2421-3 -----------. and subsequent years any installments of any special assessment not yet due and matured.Seller will deliver at
provided or deed hereunder,and at the Seller's cost,a policy of title insurance in the amount of purchase price hereunder,showing titlee to be vested in thi
And the purchaser agrees to pay, to the schlep-asthe purrcc//}aace gyprr�ice of said prof/rty, the sum of S.._.._-...r .6-0(9 ..- _____
In the manner following, to-wad l/�/Gt'/Yj.+Y 4/1/x. v(i-' C.�'�.;�—fi(. 7f/f/ri-,� n 'f:,-A.
. __ _ . tr 1 ,�,a
e•ach in hand paid, the receipt whereof Is hereby acknowleCg.ed, and $ `5_..P_...,.,— �. .. ....per month on
/G/ the
v
eo
• day of each month until the balance of _.�.- ............cis paid. _.__.._._._......_..._........_._.._ _........__.._._..._..-_.._.............
8t:LIy..f2 5—P4 .._T_ge.R i(I. NT OF._.....L.icfsc'lsS'cn ......rod? __ /_ t_ _._t_... ...
v
_�1�[tt-Y/1/_j___ O _. _E.:�ci evidenced by that note above and foregolna in mpnthly inst ai lr
accordance with the terms andprovisions of the said note, incorporated herein by reference, with interest at the rate o ,,,,L Q22...4.('' Co) per
on deferred balances as in the said note provided. and the purchasers shall pay all taxes and assessments that may be hereafter levii,4d upon
property before the samebecomedelinquent,and shall keep all building or other improvements erected, machinery or any equipment thereon
for the benefit of the seller for the value thereof. and, until the termination hereof, shall be entitled to possession of said property, but in
failure of the purchasers to make any one or more of saidpayments, or to perform any of the covenants agreed to be made and performs'
purchasers, this agreement maybe terminated at the election of the seller, upon giving to the purchaser THIRTY (30) DAYS' notice of intenta
do, which notice maybe served asprovidedby law for service of notice to quit. "It is specifically agreed that payment terms allowed the par
hereunder being very liberal, in case of such election to terminate the purchasers' rights hereunder shall terminate absolutely, and such
aball have been paid under this PurchaseNote and Agreement may be held by the Seller as liquidated damages, in full satisfaction and liquic
all damages the seller mayhave sustained,and the full obligation of the Purchasers under the said Note and Agreement shall be discharged:
prejudice, in the alternative, for the right of Seller to recover upon the said note balances owed therunder, upon the payment of which, and
thereof In full,conveyance shall be made as herein provided. .
It is specifically agreed, and Is one of the conditions of this Agreement, that the same shall not be recorded or filed for record In th
of Weld and State of Colorado in any manner in the records of the Clerk and Recorder of the said County. and if the same be recorded
shall not constitute any lien, encumbrance,or cloud upon title to the said property In the hands of the Seller nor In any manner affect or dere,
the title of the Seller therein, and the same shall, if so recorded by the purchasers, directly or indirectly, forthwith upon such recording or
placement of record terminate any and an Interest of the purchasers hereunder or In the lands In this Instrument described.
It is mutually agreed that TIME SHALL BE OF THE ESSENCE of this agreement,and if at any time the same shall he terminated in th
above provided, the seller shall have the right to re-enter and t ilce mu-notI:de po-'session of the =aid property, and the purchasers het eby
immediately surrender and deliver up the same peaceably to the seller, and if the purchasers shall remain in posaesaion thereof after so
nation, the purchasers shall be deemed guilty of a forcible detainer of said premises under the statute, and:hall be subject to eviction tad
forcibly or otherwise with or without motet.. of law.
All covenants and agreements herein contained shall extend to and be binding upon the heirs,executors,administrators, succea+ors, ,an
of the respective parties.
IN WITNESS WHEREOF. The parties hereto have hereunto set their hands nu seals the day and year first above written. the pi
hereunder waiving and surrendering all right of homestead and homestead exemption and specifically covemmting. against attempt direct 01
to claim the same in and to the said property while any sums remain due and payable or any-balance remains;unpaid hereunder, waiving any
exemption of any kind insofar as concerns the Seller. - L -----.:1.,<:,---47- / // �j
Not to be recorded. T / f
7</-
N J Mcatay eller/
Due in F#t724
Nor Before 8 Years. / l/" �_
am ' A ,Pb,!T
. !_-?4,- /
gf A '
� L �- / � cy /' / Purchasers-
(� �/C CJ )GTHIS CO TRACT CANNm SO..VD WITHOUT CONSENT OF SEDER.
5 V y ? H
UT xi- 1Y \-\ Css e ',Ike N 1. .�.
f
4� f
r
c v f
.r � e. (shca ow r
.l ® k On
• f e SKIDS (k��
e ,et is 41-c:, s •�}� rtri
DovE�E
�„w u� oe M
T.c le . '
---' o 1 .,(rcc 1t *I
Sc'rQ/ n 3 I
Y
Ci
l i'`S ly e ? P IT(es ..A.)' 0 t di V' 41t Toy v.,it)
if
/` {�� 'f r
LQ '
a
J�� O(3u5�es p Tree p Tree
V ' I\L j 0.0e.-e • w,etgr
4 dog/ >
J_ClFtre i'1,..,e.a.
YloRTr1
Nyv€36 r0,4 a S 0 �� �
FIELD CHECK
FILING NUMBER: None DATE OF INSPECTION: 12/3/79
NAME: Jack Vaughn
REQUEST: Building Permit on an illegal parcel
LEGAL DESCRIPTION: Tract 6, Aristocrat Ranchettes
LAND USE: N
E
S
W
ZONING: N Agricultural
LOCATION: 2 miles northeast E II
of Ft. Lupton
S
W Agricultural
COMMENTS :
It would appear that tract 6 presently has 1 double wide mobile home
as well as 2 regular mobile homes, one of which does not appear to be in
use. In addition, there is a modular type or 1/2 of a double wide mobil
home located on the property that is not in use. There are at least 3
vehicles, 2 of which are pickup trucks and a white van, which are junker:
and not in use. Miscellaneous debris is strewn around also. In additioi
there is one small lean to type shed which is being utilized for storage
Due to extremely cold weather, pictures were not taken.
BY: (1 //�il, /, ff
Ak
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