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HomeMy WebLinkAbout831026.tiff :AR1 129394 RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 185 - JOHN CANTRELL AND ELMER BRUNTZ 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 T'S` affairs of Weld County, Colorado, and cal WHEREAS , the Board of County Commissioners has reviewed the request of John Cantrell and Elmer Bruntz for an exemption from <^ the definitions of "subdivision" and "subdivided land" in Section r : 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-1 A. (3) -.,c:; of the Weld County Subdivision Regulations, and Lie Lie WHEREAS , the Board of County Commissioners finds that John '"r zti Cantrell and Elmer Bruntz are the owners of property located in nrn Part of the SE 1/4 , SE 1/4 , SW 1/4 of Section 18 , T6N, R63W of the 6th P.M. , Weld County, Colorado, and ?. - WHEREAS, in order to place his two existing residences on legal lots which meet the minimum lot size requirements in an me: A-Agricultural Zone District, John Cantrell wishes to obtain a MO boundary exchange from Elmer Bruntz so as to increase the size of his parcel from 1 . 319 acres to 2 . 319 acres, and WHEREAS , the parcels are more particularly described asno ow follows: PARCEL TO BE ACQUIRED All that portion of the SE4, SEa, SW4, Section 18 , Township 6 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado and considering the South Line of said SW4 as bearing West and with all bearings contained herein relative thereto; Commencing at the S4 Corner of said Section 18 , thence along said South Line of said SW4, West 249 . 90 feet to the True Point of Beginning; Thence continuing along said South Line, West 189 . 39 feet; Thence North 00°09 ' 19" East, 230 . 00 feet; Thence East 189 . 39 feet; Thence South 00°09 ' 10" West 230 . 00 feet to the True Point of Beginning. Said described parcel contains 1 . 000 acres , more or less, and is subject to any rights- of-way or other easements as of record or as now existing. 831026 t) Z ( Ai txS Page 2 RE: SE #185 - CANTRELL & BRUNTZ ORIGINAL PARCEL All that portion of the SE4, SEa, SW4, Section 18 , Township 6 North, Range 63 West of the 6th P.M. , County of Weld, '1 State of Colorado and considering the South Line of said SWa as bearing West cl and with all bearings contained herein i relative thereto; 73 Commencing at the S� a Corner of said Sec- tion 18 and the True Point of Beginning, thence along said South Line, West 249 . 90 z ,e feet; .� Thence North 00°09 ' 19" East, 230 . 00 feet; Thence East 249 . 90 feet to the East Line of said SW4; Thence along said East Line, South 00°09 ' 19" West, 230. 00 feet to the True Point of '-` Beginning. T Said described parcel contains 1 . 319 acres, n -, more or less, and is subject to any rights- of-way or other easements as of record or as now existing. 9. L:1 COMBINED PARCEL r � T 7 All that portion of the SEa, SEq,SW4j Section 18 , Township 6 North, Range 63 West of the 6th P.M. , County of Weld, m State of Colorado and considering the South Line of said SWa as bearing West _ and with all bearings contained herein C relative thereto; Commencing at the S4 Corner of said Sec- tion 18 and the True Point of Beginning, Thence along said South Line, West 439 . 29 � 0; feet; Thence North 00°09 ' 19" East, 230 . 00 feet; Thence East 439. 29 feet to the East Line of said SWa; Thence along said East Line, South 00°09 ' 19" West, 230 . 00 feet to the True Point of Beginning. Said described parcel contains 2 . 319 acres, more or less, and is subject to any rights- of-way or other easements as of record as now existing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the above described parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations. Page 3 RE: SE #185 - CANTRELL & BRUNTZ The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of ti ti June, A.D. , 1983 . 2> 70 n BOAR OF TY ATTEST: %minQ } 'Q( WELDDCOUNTY, COLORADO SSIONERS 1>az Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE rr and Clerk to the Board Chuck Carlson, Chairman By: 1�-cz/ ��e. �- `� �,- s � T. �?li�St� �1.072C4 puty County lerk gghn 7T. Martin, Pro-Tem N. APPROVED AS TO FORM: Gene R. Brantner 0 Xr , c CCA, _404 _ Ceunty, ₹torney Norman Carlson Lo` 1 cque ne Jo n m ^ r,: 0 0w DAY FILE: June 6 , 1983 FLOW SHEET ., - • CA• JE IBS COUNTY COMMISSIONERS MEETING DATE: YA,Y,` / /40 APPLICANT:U 9AI) (24,d-fa - Diner- '3rL 2- REQUEST: �Lc ,S1a- 4.- LEGAL: q.I 5F y 5E- y 3 i y c„, . X13 w LOCATION: \JCj2 Xjp J 77APrJ( ,/// DATE BY Application Received 1.5"--®p3 914n Application Complete fs 3 /6- Sign Given to Applicant yP4 - p Sign To Be Posted By: Letter to Applicant Drafted _T Referrals Listed ^I M^^ Air Photo and Maps Prepared Soils Map Prepared \").-ce File Assembled 5_155-Sim ,,A Letter to Applicant Mailed Referrals Mailed 5_191 _gam, Chaindexed L,_I xc� Prop. & Mineral Owners Notified By: hmH4 Field Check By DPS Staff S. 11 . 83 �M DPS Recommendation Drafted S-Zcf • £3 An_,SM DPS Recommendation Typed 5-c.e6. 3 MSM Packets Xeroxed c7� S• 17• ,r$3 ,/ti6M CC Action: Aerpd Q� P' fer Resolution Recorded _7_ g 3 History Card Completed -/O- 3 D.z„ Recorded on Maps and/or Filed C9-*CM LocicVS� �� TO: Board of County Commissioners Date June 1, 1983 Subdivision Exemption f 185 Applicant John Cantrell and Elmer Bruntz legal Description of Property: Pt. of the SE-1/4, SE-1/4, SW-1/4, Sec. 18, T6N, R63W of the 6th p.m. , Weld County, Colorado. Location of Property: Community of Barnsville, NW corner of the intersection of WCR 68 and WCR 61-1/2 The owners of the property described above have requested an exemption from Section 2-1 of the Weld County Subdivision '_emulations 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 x Agree with the Weld County Comprehensive Plan x Create new parcels elgible for building permits x Agree with surrounding land uses • COMIENTS: Mr. Cantrell is seeking a boundary exchange from Mr. Bruntz to increase the size of his parcel from 1.319 acres to 2.319 acres. This would then allow Mr. Cantrell to place each of the two (2) existing residences on legal lots to meet the minimum lot size requirements in the Agricultural Zone District. The Department of Planning Services staff has not received any objections to this application. • 9`( e-Q a• /14(40X;...] Michael S. Mullen, Current Planner • 801-80-•340 FIELD CHECK FILING NUMBER: SE 185 and RE 618 DATE OF INSPECTION: May 19, 1983 NAME: John Cantrell/Elmer Bruntz Subdivision Exemption on Bruntz-Cantrell property line, Recorded Exemption on REQUEST: Cantrell Property LEGAL DESCRIPTION: pt. sE-1/4, SE-1/4, SW-1/4, sec. 18, T6N, R63W of the 6th P.M. LAND USE: N Crow Creek, Residence, Cropland E Cropland, Crow Creek, WCR 61-1/2, Farm_Bgaidence S WCR 68, Cropland, Abandoned House, WCR 61-1/2 W Cropland ZONING: N Agricultural LOCATION: Community of Barnsville; North of E Agricultural Weld County Road 68 and West of Weld County S Agricultural Road 61-1/2 W Agricultural COMMENTS: Subject site is a 1. 319 acre parcel located at the junction of WCR 68 and WCR 61-1/2 The tract of land was once platted as Block 7 of the original Barnsville townsite. The townsite was vacated in 1955. The 1.319 acre parcel has improvements: two residences, a large commercial building, box car, and several sheds. The site has access to either WCR 68 (paved) or WCR 61-1/2 (dirt) . The eastern portion of the parcel is scattered with abandoned cars, machinery, and spare parts. One acre to the west of said parcel is to be sold to the Cantrells. It is Class IIw (prime) Agricultural Land, and it is currently in alfalfa production. BY: 4 rci• c QS'. Ivy 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:.J CASE NO. 1::- c S APPL. FEE 43C JC/ ZONING DISTRICT RECEIPT NO. -) 8.13V DATE Cj • b 3 APPL. CHECKED BY 7.4- 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 of County Commissioners. LEGAL DESCRIPTION* sE% ,SeY9, Sw* Section If T 6,0r, N, R (off W wade_ 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: Silty k 4 I au 0/4 [ )Angier// Address: Go/1/S w P 6( a ,A.?, Gala fl'd,6 zy Phone 3S-J-o607 Name: % F M�-R, sf JOB h 4r4 En,y7.2. Address: 30 7� �:-� �� ' ; _ � Grrf ��o6.7y Phone 3'sa - /Y v Name: Address: Phone Total acreage of the total property involved: ,7. 0/ 2 Existing land use of the total property involved: Reside,vTiAi Existing land use of the adjacent properties: North: F7,Q/v,ivG South: /—g,Xm/wG East: /4-i!»z,.uG West: e i.vrT 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 ) f�Cg2 i g0,2p`✓`F! a7 -u C COUNTY OF WELD 7 gnature: Owner or uthorized Agent Subscribed and sworn to before me this �/<'j day of , 2i , 19/f . Cteixt2.. .6. y9A.usZ d'¢cc'k ls✓ bl'c> SEAL -94 aJ IT, «�G �.�? f.. JF�i.l�\ — Notary Public //).t�L /O /A/7 i r7 i3 ?9cz� A - Gam: My Commission expires: UNION COLONY BRO P C. 30X 3125 GREECE" no -o i1 t3 7tl/ . cet7770 &ma. 7& is e e .e-e- tO 1 a � 4 . � �.t 04_ 2t0—fre dyS fiLe - Z -r� A czt- Izec.cAv pl'w 272 (A)c/? 4 Fl) Xo Die -S, cSinmt a d .�o4rit. /Oa, i ' Y 7 J iSseir Sgd e ia-/Lc,1 P z, ti Q 74..Q.o o mss' .4., tet441 . t �, JO z amp L), 6,42. iee_t_7_szate,_t ben-.411 Co t- ., 4, ,wedgy. ft idene �, teli . 7 '7 .-e-e-40 gnita-a-r-c.dica-a-41fr d(n)°i rN kel & 1-Otet) aco-mt" .ai- L 7Zetyclinet,D"L-eiLp era_ on4letta Si,Votretesee &4 /g1,7,76_0). fr IL zJ eg-n: e0 /,e- 67 a a g.7, LEGAL DESCRIPTION OF PARCEL TO BE ACQUIRED All that portion of the SEs, SEa, Sigh, Section 18, Township 6 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado and considering the South Line of said SWa as bearing West and with all bearings contained herein relative thereto; Commencing at the S; Corner of said Section 18, thence along said South Line of said SWa, West 249. 90 feet to the True Point of Beginning; - Thence continuing along said South Line, West 189. 39 feet; Thence North 00°09 ' 19 " East, 230. 00 feet; Thence East 189.39 feet; Thence South 00°09 ' 19" West 230 . 00 feet to the Ture Point of Beginning. Said described parcel contains 1 . 000 acres , more or less , and is subject to any rights-of-way or other easements as of record or as now existing. LEGAL DESCRIPTION OF ORIGINAL PARCEL All that portion of the sE4, SE4, SWa, Section 18, Township 6 North, Range 63 West of the 6th P.M. , County of Weld , State of Colorado and considering the South Line of said SWa as bearing West and with all bearings contained herein relative thereto; Commencing at the Sa Corner of said Section 18 and the True Point of Beginning, thence along said South Line, West 249 . 90 feet; Thence North 00°09 ' 19" East, 230 . 00 feet; Thence East 249. 90 feet to the East Line of said SWa; Thence along said East Line, South 00°09 ' 19" West, 230 . 00 feet to the True Point of Beginning. Said described parcel contains 1 . 319 acres , more or less , and is subject to any rights-of-way or other easements as of record or as now existing. K • ryr.F www rre •• 'orp•e~ ilim llirwlIPww Pww -• s•.+ru.mr•mmi errin • IIMMINIIIIIIwa w...,V,^-:•.asma,•P^••• ..' ' `1_ o ( t a 1'. • 1,1/4‘ 4U ' iI Z its',. ' }� •- ut ii-. ji ./. V) i • V.i .f �1�. :.'��:tai'? c aq .Z.. / 1 "•. pr.1. .:, � ail-«=� � � L.�;�v=�,, ., 47,, • w. ir. at- uj .-a ` 11k 1 v1 �f z,, ..:"...,....:4 •k# } \\.,I.4 I i C3 - • -*::: - -- - - ---- .. - --.I . (.0 v‘: :•.yam . .i. r', ,C77 orb,/ O' O J .i.1 N n a p y O 1 m S. A y Q. V- 1 U . f. L , 141 LA] . i W r 4 1 ...)C7.7I 5 * 1:' �,-r•r?�� .i.O b '�v�o-rte 7 _� o 01 w Q al �I GI i > d (n0 ` Q I 11 i 4 crl 0) . • L _ i I t • • An , rrf . a d w 2 cat - i Q 1- z I I, iI- Jr J . kft i I I.1 J t O - H • • I.1 1 .. • 1 ,M' u In; In Q tn� } jao 0)• + \•• • 1 ! • . I P. 1 r I .. .••••r .,r•p;•.•."./rtnv?a.ft1IR7 tIItl.rh.•.••:.-r.ww-•0•.w•p1MMV4M11PA!s1Nr INra:Vi:a,lxw:11r;lu••s•..Yn•..rnns•...•s 7■.s.:v..r..,:r a"r...,..- - . n LEGAL DESCRIPTION OF COMBINED PARCEL All that portion of the SE's, SEA, SWk, Section . 18, Township 6 North, Range 63 West of the. 6th P.M. , County of Weld, State of Colorado and considering the South Line of said SW4 as bearing West and with all bearings contained. herein relative thereto; Commencing at the 5h Corner of said Section 18 and the True Point of Beginning, thence along said South Line, West 439. 29 feet; Thence North 00°09' 19" East, 230.00 feet; Thence East 439.29 feet to the East Line of said SWk; Thence along said East Line, South 00°09' 19" West, 230. 00 feet to the True Point of Beginning. Said described parcel contains 2.319 acres, more or less, and is subject to any rights-of-way or other easements as of record as now existing. • • • t/ • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEV,COLORADO 80631 i:l May 18, 1983 0 COLORADO John and Linda Cantrell 30425 Weld County Road 68 Gill, Colorado 80624 Re: request for a subdivision exemption on a parcel of land described as part of the SEA: SE' SW6, Section 18, T6N, R63W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Cantrell: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners on June 1, 1983, at 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 repre- sentative 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 Planning 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 me. Respectfully, Rod Allison.. . Current Planner II RA:rg cc: Elmer and Barbara Bruntz, 30671 Weld County Road 68, Gill, Colorado 80624 P 397_2439 545 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to John Cantrell Street and No. 30425 WCR 68 P.O.,State end ZIP Code Gill, Colo. 80624 Postage $ • Certified Fee_ Special Delivery Fee Restricted Delivery Fee i •SENDER:Ag 912,3,and 4. Return Receipt faddyelnddress hithe"RETURNTO"space ' to whom and Date Delivered — i ReturnReaeiptsnowingtowhom. k. (CONSULT POST A$TER FOR FEES) r Date,and Address of Delivery i t The following novice isrequested(cheek one). se TOTAL Postage and Fees $ ' O Show f.0 Show to wham attd date delivered 1„.„. ---@ a k, Postmark or Date °m'�k'+��dtessOfdeltvery,. _Q O • sOi RESTRICTED DELIVERY theea serum receipt fee The restricted f��a+mBYd>n addition b ) E • • ° 5-18-83 ' TOTAL S_ k' 3 ARTICLE ADDRESSED To: . w .i John Cantrell :g 30425 Weld County Road 68 to E. Gill, Colorado 80624 ti . 'm 4.TYPE OF SERVICE, In •n ❑REGISTERED ❑INSURED ARTICLE NUMBER .a, 0!UtE NESS MAIL COO P 397 289 545 a. 4 I have received the article described above. ' m SIGNATURE 0 Addressee 0 Authorized agent 13 / 9 iE DFDEuvQtr , _a o_.3 EOSTtDtRI( . O• 4 iiiiiiill williallill • ra, ,„ I t)—/ I cif- il � o Mb o _ x c Z t/ s m J k, II . 0 I KI---,--______Y k. q 01 Ili to le .-1 N -�S, . )...._. . i Q . a �t . -n- it � .42 -iv is Htrgn . J Q L�/T i: thi* C. N c r , _ ... , E ==._ --,--Q 00 ill 4I r'' a .3 I. i • o dig r o ; 1 OND2 ,m s� m • N •b o I 3. W � i OE Np Gr y • L p w 4� , ici dxK ins ap- tf.'.A ar;- • 3 ,y. .�,•, CV in • to <r 0 i t . . ,_ z __. _—_ ..._____ . 3__ ,w 9'01 3Ntl3 , i O • ' ! • ..... • • • S • The printed portion'of thie form approved by the i ' t o:urad•,Real Eatnr Comminion i5C 2 .2.?I: THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND • CONTRACT TO BUY AND SELL REAL ESTATE • • • (Remedies Include Specific Performance) December 9 19 82 John W. Cantrell and • 1. The undersigned agent hereby acknowledges having received from Linda S. Cantrell the sum of$ 200.00 ,in the form of earnest money note* ,to be held b Union Colony Brokers • y broker, in broker's escrow or trustee account, as earnest money and-part payment for the following described real estate in the County of Weld .Colorado.to wit: That part of the SEA of the SWt4 of S18, T6N, R63 14 of the 6th P.M. with approximate measurements of: Beginning at the SE corner of said 5141 thence 14 249.9 Ft. to point of beginning thence W.189.39 Ft. thence N 230 Ft. thence E 189.39 Ft. thence S=230':Ft. to the point 'of beginning. together with all easements and rights of way appurtenant thereto, and all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition. ordinary wear and tear excepted, and hereinafter called the Property. 2. The undersignedperson(s) // John W. • Cantrell and Linda S. Cantrell ' (as joint tenants,Elr/drr><tftitt/c4144 hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$ 3,000.00 ,payable as follows:$ 200.00 hereby receipted for: * Earnest money note shall be due and payable by cashier's check the earlier of Junte 8, 1983 or closing of this contract. $2,800.00 payable by cashier's check upon delivery of deed. • • • • • • • • • • • • • • 4. Price to include: • • none and the following water rights: none • • 5. if a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently(al • •• apply for such loaf-Lai) execute all documents and furnish all information and documents required by the lender, and (c) pay the customary costs of obtaining such loan,Then if such loan is not approved on or before. June 5 19�,or Liao approved but Is riot available at time of closing.this contract shall be null and void and all payment:, and things of value received hereunder shall he returned to Purchaser. 6. If a note and trust deed or mortgage is to be assumed. Purchaser Agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$_. N/A and(Dan interest rate nor.to exceed N/A % per annum. If the loan to be assumed has provisions for a shared equity or varinhle interest rates or variable payments, this contract is conditioned upon Purchaser.reviewing and consenting :.n such provisions. If.the htnder's consent to a loan assumption is required, this contract in conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract.{hall not he assignable by Purchaser without written consent of Seller. s. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser • • 9. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,at Sell.Cs option and expense,shall be furnished to Purchaser on or before June 11 • 19 2_5 .If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. . 10. The date of closing shall be the date for delivery of deed as provided to paragraph 11.The hour and place of closing shall be as designated by Union Colony Brokers 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, ' Seller shall execute and deliver a good and sufficient General warranty deed to Purchaser en June 8, ,1983,or.by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except none • free.and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon.whether assessed or not;free and clear of all liens and encumbrances except none except the following restrictive covenants which do not contain a right of reverter: See paragraph 19 and except the following specific recorded and/or apparent easements: See paragraph 19 and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defectts)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing,Seller•shall use reasonable effort to correct said defect(s)prior to date of closing.If Seller is unable to correct said defectlsl on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13.if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source.Provided,however,at the option of either party,if the total indebtedness secured by liens on the Property;exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. ' 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and none shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on date of delivery of deed subject to the following leases or tenancies: none • • 16. In the event the Property is substantially damaged by fire,flood.or other.casualty between the date of this• contract and the.date of delivery of deed,Purchaser may elect to terminate this contract;in which case all payments and things of value received hereunder shall be returned to Purchaser, 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: . (a) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (b) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as maybe proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of'any litigation arising out of this • contract,the court may award to the prevailing party all reasonable costs and'expense,including attorneys'fees. 18, Purchaser and Seller agree that,in the event of any controverar regarding the earnest money held by broker, unless mutual written instruction is received by broker,broker shall not be required to take enl'action but may await any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys'fees. • , ••� � • • l9. Additional provisions: - 1. This contract shall be expressly conditional upon purchaser receiving a copy of any recorded instrument relating to any easements, reservations, exceptions, right of way or restrictive covenants within 6 business days of signature of contract by seller and purchaser shall have —3 business days to disapprove of any item contained therein, in writing. If disapproved, this contract shall be void and all things of value shall be. immediately returned to the purchaser. • for 2. Purchaser shall,at Purchaser's expense, provide survey .Weld County Subdivision Exemption. 3. Purchaser shall apply for, at Purchaser's expense,a Subdivision Exemption from Weld County and Seller agrees to permit and support said Subdivision Exemption. 4. This contract shall be expressly conditional .upon the closing of that certain contract to Buy and Sell Real Estate dated December 8, 1982 between John W. • Cantrell and Linda S. Cantrell as Seller and Larry 0. Swanson as Purchaser for • property described as the Barnesville Statiori' sdheduled to close June 8, 1983. 5. Seller agrees to execute Quit Claim Deed transferring to Purchaser, any interest Seller may have in that part of the SW% of 518, T6N, R63 W of the 6th P.M. with • approximate measurements of: Beginning at the SE corner•of• said S1d1 thence, N230 ft;thence W169,9 ft. ; thence 5230 ft; thence E 169.9 ft. to point of beginning. • Purchaser shall, at Purchasers „expense,provide survey,,and pay any recording fees. 6. Purchaser agrees to fence the Property on the West and North sides with a Wolven wire fence within 120 days after closing and further agrees not to plant any trees within 12 feet' of said fence. This provision shall survive closing of this contract: • 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before December , 19 82 , 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,except as stated in paragraph 7. l i' l/ `-- -` lu' C. ,2 �•- f �'� /1-2/-.* Broker Union Colony Brokers Pnjenu or ' [Ate r �j • ` l.-. 7 , .,%' /n/i.•./aiii By' o�,f'�,eL `V „San "de uJf -Purcnner Dots _ I%/{ Q • Purchaser's Address - • (The following section to b completed Ay Seller and Listing Agent) 21. Seller accepts the above proposal this day of dOrlitun friae� ;19ga-and agrees to pay a commission of 11/ %of the purchase price for services in this transaction,and agrees that,in • the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. • • • Se:ler Seller . Seller's Address • /` Listing Broker's Name and Address • • 2L1 A t.,,C.L. "'zit 9./07t�Jl/J B�J'vv01-e) .Ct/2d7t.Anc/co ' /✓ ;tl'r'•�tc�'Y•'r a[t.r?.c Zia cc- c s.;: Uai .E.•, (?4,uati.t te,_6•4�.t -t •ce, .LLi7•c/co�Zc•7tl..J t' it• — �' r'. 7A ' .keythar gad 9 LO( I /1 /t- . • • JJP. d .. ., 4/i.5.9 4:15 re.nAY .i,.,.,,: ,. r..61". +'� �` • eri .._ri+'s"..f ate• Y-_ �-62d�..i.::r..:r{.: `;,:.. i ; 9.01-1-7841705550 MARY ANN FEUCF.L:t.:1 Reception No..... Recorder. 4� �%' c- Recorded at. . o'el«k. M.,...... - .;gr.« �, // (A DEC 9..]97fi - ;4i. I, ! tv . D1 kr .+. r1 I-1 RECORDER'S STAMP c i THIS DEED, Made this 18th day of November rc ' " ;j 1976.between �)m .=.1 i.«r '-) 1 . John F. Cantrell ttnd Eula W. Cantrell, .-t Ip` S..to Docu'nentory Fee '.st. a :- ; ) • Husband and Wife o �7 -.- 3• ) 11 Dole...DEC..._.2 92.5 .'- r}ft,t ,w of the County of Weld and State of $.-2--'.%2-- "'fi - c' C ' Colorado,of the first part,and o ark r V-' i` John W. Cantrell and Linda S. Cantrell .:*--r `tilt.-N Lel - i'• p G i'. ie r-�' t— Weld of the County ofand Stale of Colorado,of the second pq'rt4 WITNESSETH,that the said part ie 5 of the first part,for and in consideration of the sumo of - • ^a.';, e n Other Good and valuable Considerations and Ten and no/100--%l LARS. 0 c %: to the said part i en of the first part in hand paid by the said parties of the second part, the reefer w reof is ,y t" -.41' rd ref). • }e IV' ,y V e hereby confessed and acknowledged,ha granted,bargained,sold and conveyed,and by these presEnts -- ,y r y} , -c grant,bargain, sell, convey and confirm unto the said parties of the second part,their heirs and assigns fo er,not O ; r „ a in tenancy in common but in joint tenancy,all the following described lot— or parcel — of land,situate,lying and LI +-• • /� being in the County of Weld and State of Colorado,to wit: • y r,�� It t A parcel of land in the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/41 :.1 M.'^ +• ' ' A of Section Eighteen (18), Township Six (6) North, Range Sixty—three (63) West of t'. T. '�-r "04*be t inim. the 6th P.M., County of Weld,State of Colorado, being more particularly described I ` r.1i + rests ra as follows: r; —+`S' • a w Be .t in at the So theast !S ),Corner of said South eat Wart r (SW 4 h nee w , . G: ' 200 althg cee est niae in spad lqleltwithetheon a hilineco oef ido uarterd Beet } 4:-,, (200'); thence West on aa line parallel with the South line of said quarter-sectio- - a distance of Two Hundred Eight feet (208') to a point;.thence South on a line t 4�: mot-. a parallel with the East line of said quarter-section a distance of Two Hundred , H�t, y ,- Feet (200') to the South line of said quarter-section; thence East along the a ` South line of said quarter—section a distance of Two Hundred Eight feet (208') to Y. •`1- the Point of Beginning. r 4 s. W ;rtc. .R, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise14 4 ;'.+_ ; 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 part ie5of the Sint part,tither in law or '�_3 c .,' ".:',.t.— equity, of, in and to the above bargained premises,with the hereditaments and appurtenances. �3'--' ',.C w 7'j .3• •c., TO HAVE AND TO HOLD the said premises shove bargained and described,with the appurtenances,unto the said i# f;', parties of the second part,their heirs and assigns forever. And the said parti m e s of the first part,for the — ?? + sel yes their heirs, executors, and administrators do-- covenant,grant,bargain and agree to and with y- r the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these urea- . y;'« ems 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 v e good right, full power and lawful authority to grant, bar- - ,iq `s gain,sell and convey the same in manner and form aforesaid,and that the same are free and dear from all former 4 s aT :'-.7: .,�d`i and other grants,bargains,sales,liens,taxes,assessment and encumbrances of whatever kind or nature soever. IC/4a ' t, "� Subject to 1976 taxes payable in 1977;laws,ordinances governmental regulations, a, w buildingand zoning ordinances; a condition recorded n Book 57 at Page 30 Weld +. §s(n„tq `y County ecords; rights hi way recored in ook 86 at age S78,We County Records at • .i.6, and all existing roads,highways,dirailr utilates,reservoirs,canals pipeents tphoowe; and the abov hope 1iney,witt a IA,I railroads and rights of way and easements there:or. • ^gr� 'v� antl the above�argameSpremnes m the genet and peaceable Dosaeasian of the said Darttea of the second part, their err heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, " the said part i e s of the first part shall and will WARRANT AND FOREVER DEFEND. IA,- ., r IN WITNESS WHEREOF the said part ies of the first part have hereunto set he i r hared s and -1' • f• -, seal s the day and year first above written. c , F Signed,Sealed and Delivered in the Presence of 'L. 1 ��z` [SEAL] + s• ' Qohn F. Cantrell, Husband .'71p.,( .. t cam. 'c ';''';'-`*Y:.•22,- V)� ' —} * ,L Eula f.�i.. .•'nt rell [SEAL] "r i r : W. Cantrell, Wife k s f • c f- STATE OF COLORADO l [SEAL] ' cr«1�=” Weld Fsa. 6 r -`I� ......._._.,._ _..County of 111 ... a ,E. „1.1 ,. »m_ . 4,..... -.a At.i,...-.... ,..n erlen mLdoor Men w this 1 Rfh day of November , _ Tp�, 1 /.c.c- ='Y r ip11 ,..y-... -.-A _ sy:C„x.: 77 i _ mss. ..t. .,•..-' �,Zr.v:i):. Ste. _L �''st$, S , 74, µre LL4. , .e' C, a lox wordthe._._._—Qt.i 11916D.u IS___..ai .'.b.At -._._ Ff.0 nyS Gld ae ... cuesn i�. , Y._ 4 6• V -%-s • A,e,p4m No--17059,31 er. .t .....DEPLTIelb ' 1-i ,� r • . t ' , I ' ` {[L « �PP�v Made thin 2nd day d renumber in the year of our I fit;- ,rr � it oz,l a , t v„t a lard one thousand nine hundred and 76 between Elmer E anmtt i'• 4 I •' , '4.".. .kp � Barbera L 3r untz r . e. p ., t to whose sheet address is 1 ,(,Sty or Town of Gill ^ t k v•', i M :County d and and State of Colorado,of the first part,and I. �r� 1.2.•Cc• fir Eti John N. & Linda S. Cantrell tq. t • 4y1c, pas'`syf I- +,,`•err t� whose":rest address is Rt. 1 Box 57 ,City or Town of Gin , yir - . e". ,.� ,, i it A+A 4 County of Weld and State of Colorado,of the second part; - c :-lap c .1.“-...44: ,o . That the sold part d the first Petit, for and in oonadantion of the sum d ` * o other valuable considerations end tea Donna v it '� :::-•1•AN to the aid�p part d the flat punt in hand paid by the mid parties d the second part, the receipt ,'"it. `. - , 0 whaled fe haeb confessed and a&ww. gad,ha remised, ,sold and Quitclaimed,and b1 ',+S.: .. theme pneonb do r®iz,release,sell and quit-claim,unto the rid parties d the second part,not in �n ' 411, ` tenancy in OamnaO but in just:,coney,the survivor of than, their asngns and the hubs and Resigned /., . •t` L.a,y(... z sorb survivors forever,all the following described lot or prod of land,iterate,lying and being in e'6 nritXt r v t; the County ei Weld and State of Colorado, to-wit: f'-'. -.• `i t That portion of Southwest Quarter of Section 18, Township 6 North, Range 63 It.; 1. ' # U• West of the 6th F.'d. held County, Colorado, mare particularly described as °�r•el=, o follows: Beginning at the Southeast corner of said Southwest Quarter; thence i47a)f .„4'r ) along the South line of said Southwest Quarter West 169.90 feet to the True .n,r.. . Nest 80.00 feet thence parallel with : `}s point Of Beginning: thence continuing i 'rF s• .,p the Fast ]Sue of said Southwest Quarter North 00 1S'09a East 230.00 feet; `�i thence East 80.10 feet; thence South 00 13'09" Trost 2.50.00 feet more or less -�-f r. .r .+• +y+ to the TRUE FOIST OF BEGINNING. +- r . , 6; The above described parcel Se subject to a 50.00 foot wide reservation for ;7! ,^ County B.oedr along the South :Ride thereof. ;- - r 1 ; X ' � :1M 111::;,..'0:e _ ti-p • - .. - - • is a ♦ - r .. et Y t y"4 :.•� To Hanappurtenances to Hold the Sams,Together with all and singular the appurtenances and privileges t s ''c theteunto baongfog or in anywise thereunto appertaining,and all estate,right, title, interest and claim ^ S_ whatsoever of the said part of the first part,either in law or equity,to the only proper use, benefit '}:'40, and behold of the said parties of the second pert, the survivor of them, their assigns and the heirs and +e • i assigns of said survivors forrever. , r ft* In Wilma Whinge,The aid part piths first part ha hereunto set ziin -'r - ,,•+„„,;:',-+6,1 bend end seal the day and year first above written. ''* .' +s 7 }�`L 2. . Sgned,Baled and Delivered in the Rennes of /�/ su> .� ,p (SEAL) ''t+'3,'%-�, ✓ 4. i ate . _ _ (SEAL) .4,,,:,,,c. ..«..-11: #``, _._(SEAT.) E -it" Y � * V a. . rraa or COLORADO, n ....,.,._ C. s.� Ill wF i , Ifs a-.... TD'S `• .,,- `-Y` t '�''e_' Pr , - e '_„ •x xC �aa y,•Q • „:2,7, -e'a —... x`x o r s+M.i -y,. �_ s .1. "� 'j-�+,b s.-• ��1�...- +a.+'4f"'2iP: ::a-�... Iy •test ,'so _ .. ry p r' _ a.� rat .n. 1 few �� .r=-- — -Y r''. , 1591 f !l_.5.11 A. 3 Om wow ens&•,_...:-..5. Bream na ;36.526: tIps pip .tape.is ninth b d ocotoberlithe 14•,..; year d or Type or thorn"elm Mantes sea a lxty-one_ 1�� i .. .GRACE U. -BAKM + t- •`+ ,d do• : Casa of. .,Weld r See d . . p Coined*.d eM • •,•.7.1 � ,list pat.r ELMER E. BRUNS and 'BARBARA L, BRUN[Z . • - , : •d r . C.d+l at We Ld . W Spa d Weals. die (- > el r3 v,e ` send t That the ea 'party_• etas ha eat for ad fa w�besdee , ;, • M" ' Forty :ive Thousand ($45,000) Or DOLLARS , 5 rte ten pat redo het pert le fad tale b is pfd wine e el dee wad mead teas doe age*b�b )[' '-.:' '7/• r..b,..d...i.r '.y sae ba r. p .r..ad put►e w..d le my r area _ ,.. •,,-c.7 pa.b tm�a coney.as oseree, bd Y fees nem tM eerehv d par..their.dais eel the Min me anima d pleb greet Meyer,an the fpl- �x Ieeit Moil M' se past ..- .t belt nit rbaar Men rthe Bed WrdCLMaM e►wks Wald_"•"""-_. ,•;`:', parcel 1. The eooixty-tree (63'<�t-of.the th)a (lfi), 2awnahip Six ,(6) North, *::.•. Range Sixty-three'(63) West o1 the Birth (6th) P.Y.r together with 200 A.F. 3,•', .- of water allotted by the Northern Colorado Water Conservancy District, tour _ t C ,7-1'.•1 . (4) shares of the New Cache' loodra Irrigation Company; eight 48) shares .o;� .: F4, \ // of the forth sip. lateral cmptuSt.'ana eight (e) shares of the North Side « , W � Extension Ditch Company, irrigation p+m�e wells, ditches and pipes, and �, 1 any and all water end ditch rights appurtenant'to any lands herein conveyed, _ approxiaately,13.43•ere acquired by the Union excepting C however,�� � � Pacific Railroad Company b7 two dada, one recorded in Book 310 at Page 453. �k;A-. �`i � and the other recorded in Boo]c 320 at Page 171, Weld County Records; also ,.f•. 0+ excepting therefrom.approximately one aore of land conveyed to Carl C. Erick- `; l rd�:4 - son-by--deed recorded in Book 1109 at Page 431, Weld County Records; also a `th`' excepting parcel of land conveyed to The Department of Highways by deed . *., Weld County Records. . ! • recorded in Book 1484, Page 529, .',' , J ipttroal 2. Also part of the SouthemS Quarter (s -) of Section Eighteen (18), Township ' I Six (6) North, Range Sixty-three (63) West of the Sixth (6th) P.M., described t '— ;• as follow., Beginning at the South Quarter corner of.ea1d Section 15, thence ti ; 1 North along the center line of said Section 18, approximately 2,34 .47 feet • ,'t. :i t . 1 to the center of Yadella Avenue, as platted in the Town of Barnesville; thence - East along the center line of said Bedell& Avenue approximately 1,345 feet; a^'' ;±'� to 2. 0.1 feet to the South line of Section 18; -•v,{; " I thence South 8912' We 11 r4 � thence South 89'12• West. approximately 1,365 feet to the place of beginning, .-zi%:. p . µa'.:: a • being also described as Blocks 37, '�, 39. 40, 41, 42, 43, 44, 45, 46, 47, 49,"`r'C 1' i 50, and 51 in the amended map of Barnesville, together with irrigation walla, ••%" sn.f. 7 7 pipes and equipment designated Baker Well Number 1, Number 2, and Number '%';ski' 3; excepting therefrom, however, Late 1, 2, 23 and 24 in Block 45 as desig- 31 11 in Book 5 of Yaps, Page 69, told ^Y et': Hated on the plat recorded August 23, 9 }¢ = County gesorde; .and excepting 1.43 morns in the Northwest corner of said nit: x ? - Block 44 as platted, conveyed to School 'district Number Fifty-four of Weld t*� county by deed recorded in Book 346 at Pegs 280, Weld County Records. £ts t, } ` Y of the Northeast Quarter (Swee) M-^ Parcel 3. oftS, ell Eighteenf that pert of the East Ralf ( Sixty-three (63J of s.otim (18) in Township Six (6) North, Rang. South of the Union Pacific Railroad right- 17 Wset of the Sixth (6th),P.M., lying 'S o � of-way, containing approximately 15 acres, more or less. .r 7 pn ! r r�.."eXV „f'a°'-Ty.fy,° . N YZCw. y �" i .,,,n. t'�E,v h ��' 'a$+.',S,�G5'f,,kv'�i`'j"� _ 2t.5 . .At.s.* , .xC- •• .:. p. i+' °"'t .. �i'.! i..7« i' ... • • - • x �wL. al .. ' •p w. .-a _1 T 'ohs y�. ..,.wy € � �, A T�.»l,yJ-,.{ 1 r. I'OOR1zlit.n v al middy r e..�1e..ld.arr itmeidnek- :d �i�e' dr....+.drRr.w1+ wt�.1.1.. .mr1...d ,. •.4 a thr *IA ue.',r+.ei,clam d .rtaor r no.at any.: 1 a.eo.an,du.a.....': • io r game,.el.1.d M i.Jon.raid m••••l•%do isfrt.w d tmmr.�o. i'O SSTs AND TO■Ota r ON i +.r..:wiVw d'Owlet.169.9.6...."..."a.: '�`,�,,', � did meth,d i.mood got No miniver d OM.ii-NAM'and r.loin id.dP..i.d aryl'',t..'! '''..4' I xi7 ....Ad i..Y and di.Int}.n.ea hetlf,heri•b•�s.d d.Yrro red deer..g+t i.wi rod aim.r r wear To wl+polio d ir,nomad pmt r'infra,dr..as x dp.dr Yin d.dM•d.pyra...Oat•i.lime d eh:osdw..1selrmr.on. no i:pea rd,geld.•i•Nd d yd.il.male , they ared.iddrrd..ii. o."V•a perd`.Signewir.p.,.'-t.i•gt•.. a ii.er.,r ..1 r t.meow mauve -glad : i Ar- ••: r d tsrrl.Gs�.la k.. .rod r..4.ida..a 9rt r and r.G.d dor try to Amor d .ir goon.Wrap%•in.r.loco.woo d e.ar.ir d N.ryr Had or rows.more: : T e^mepG 1961 lase ebioII Otmteee Read and.�N P4• v • 1 3 r • r r�d prod&mo•t�d r..Y mil=d r mood girt do V. - d w.ion.tr.gn6d prior u ail wog m•.••r venom x --g =Maw d en.Dri...Ign•d r teir d oarless d..a r.yhr,spirt d r axle.'era d.® i.1.4 these r r clan JO. I.r a,4 and tr.®L r meld payAO •'. WARRANT AND FORYVER WIND. rt • IN WITNESS WEIREOF.Oa old party d Co end sort re i.y ao d her ram ( ` ti w.l r b d yew 6 wa ri. yd.a F._ � • Signed,S-Yd d Delivered r No Air el 4 gaJ�csm '� • are a er .-'• 4.• (SEAL)• r ; F~ • STATE OF COLORADO.m. Tr Angola Alta ent........ha.d Wen o.at. / day• d f T'�.•.„4.x, October •1f41-.b Grere M. Baker '• .:• �e�isaddanalRot 6 S I . O s pr a .v-r..� ��A . . 7 Ca.yr>bYlo. / GIs.-[ Q it,,.r� r -.^-,.• '�•s.• a j wwel i yon =rot ...r` WARRANIT DNI D--To leer Toris-•ram%Gnd.y.Glm.r. - T '-,.- 1 O12 r-d— II 90000 19.6.4 t; -' =a r._ LEGAL DESCRIPIION5\-)3`�\ce,-le-b3 CASE NO. n. •c\ . • la's N 272, 79• • 4 .� fi 73 . 1.44 OW itBarmy'lb * t.. SOIL CLASSIFICATION NEW NO. IRRIGATED NON - IRRIGATED Hello