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Home My WebLink About820793.tiff AR1d433tl7 RESOLUTION M - RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 148 - JEAN AND VICTOR JACOBUCCI — '- z WHEREAS, the Board of County Commissioners of Weld County, 0- 0 Colorado, pursuant to Colorado statute and the Weld County Home co .,?.: 9 Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has reviewed the .. Li request for an exemption for the definitions of "subdivision" and id EN "subdivided land" in Section 30-28-101 (10) , CR 1973, as amended, and w .z 7` Section 2-1 A. (3) of the Weld County Subdivision Regulations, and v. V WHEREAS, the Board of County Commissioners finds that Jean Nz and Victor Jacobucci are the owners of certain parcels of land x located in part of the the South one-half of Section 29, Township ..,7., Ex 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado. The ow v legal descriptions of said parcels of land are as follows : z c Attached exhibit "A" is incorporated herein r. by reference. o C r_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners 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. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ABSENT DATE PRESENTED John T. Martin, Chairman ATTE$T# '( -'- Ln,.'" ' 'K + , OF C uck Carlson, Pro Tem Ii County tterk and Recorder n „ and ,ilk to the Bo rd 1g--1 ' .0--- Norman Carlson By: ' �( 1 , eputy County erk / APPRO D AS TO FORM: C. W. Kirby C � �. ��)«t .� 9� �►�i County Attorney e K. Steinmark DATE PRESENTED: February 17 , 1982 820793 EXHIBIT "A" t Z Z 77 ri rri s w z = w 1 CO n - I . to o -c . \\....„.....„....„...„...„.........„ c, ` 25.a Aces Cte.c,ked. by V No. 7.--1 tint Vail 5E Q.t.. aZ . » EXHIBIT '" (page 2) a17, 70 CD 7 ± \ } o rn Propose Loy co, c \1 .512 4A, k »e 5 •0 - q r.,„1 ‘1 acid q 25.0 \ Pee li-Lreded, by 04.51-tick Qat/ 03| Ci; "kcirt."." OG,9 &cve; % | � ` < , | SEty/ Tlklv2Notts Q o c ry k L • FLOW SHEET • CASE l; COUNTY COMMISSIONERS 0 nMEETING DATE: �- '/ -7 APPLICANT: I/' � f/�cObucc. REQUEST: Su, ixr O�o wx < LEGAL: f7 4 f 2 S;..-.2 5 -7-7/\) A(-7GJ LOCATION: / n-., 1L, 1� Y M DATE BY Application Received I . 2,2' •`ti 2A Application Complete Z oefii- Sign Given to Applicant Sign To Be Posted By: Letter to Applicant Drafted ,2 1 , � ✓44- Referrals Listed 1S 7 Air Photo and Maps Prepared ( • 2- /4 6 Soils Map Prepared File Assembled / '"2 2.-2- 0 N to Applicant Mailed Letter pp /'Z 2 •,�L Iv JV Referrals Mailed /'2-2 .k Z Chaindexed ( 2r r -F 2- J fJ Prop. & Mineral Owners Notified By: fk Field Check By DPS Staff 2 2- DPS Recommendation Drafted % - 4/j/4 DPS Recommendation Typed .) • k-.� L �� Packets Xeroxed 'L• r CC Action: (-6; -Z• 16- `Z GP// Plat and/or Resolution Recorded History Card Completed -02_ 619.2 Recorded on map -end/or Filed T:. Board of County Cormissioners Date February 10, 1982 Subdivision Exemption #148 Applicant Jean and Victor Jacobucci Legal Description of Property: Dart of the s section 29. PIN, R67w of the 6th p.m. , Weld County, Colorado. Location of Property: 4 miles northwest of Brighton 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 recannends that the request be approved for the followings reasons: DOES DUES NOT Fall in flood plain or a geologic hazard area xx xx Agree with the Weld County Canprehensive Plan Create new parcels elgible for building permits xx xx Agree with surrounding land uses OO`l1IENTTS: This subdivision exemption request would allow the applicant to own a more functionable piece of property. The Union Pacific Railraod deeded the 9--Z acre parcel after closing down the railway which borders the property on the north. The Department of Planning Services staff has received no objections to this request. • / 77(42, ` r �� Rod Allison, Current Planner RA:rg sal-80-040 • FIELD CHECK FILING NUMBER: SE-148 DATE OF INSPECTION: February 5, 1982 NAME: Jean and Victor Jacobucci REQUEST: Subdivision exemption LEGAL DESCRIPTION: part of the w1, Section 29, T1N, R67W LAND USE: N crops E Irrigated Crops S ropy W Irrigated Crops ZONING: N Agricultural LOCATION: 4 miles northwest of Brighton E Agricultural S Agricultural W Agricultural COMMENTS: There are no improvements on the subject site. The terrain slopes to the northwest. BY: / Rod Allison, Current Planner RA:rg - APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 400 Department of Planning Services, 915 10th Street, Greeley, Colorado 30631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. e. ill I f 6 APPL. FEE 1 3t5,CD ZONING DISTRICT #41/4i.; RECEIPT NO. I L 1, P'j DATE j h.,Q it, APPL. CHECKED BY (1,441_, C_7 2c) 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 Sectioq 2-1 A. (3) of the Weld County Subdivision Regulations by the Weld County Board/�df County Commissioners. LEGAL DESCRIPTION: J7c+� (il 2 Section ,?y T / N, R G'J W Has this property been divided from or had divided from it any other property since August 30, 1972? Yes -sG No FEE OWNERS OF PROPERTY: Name: V2 On'-,c G` `22,/ Y Lcr �u Addres Phone Name: Address: Phone Name: Address: A Phone Total acreage of the total property involved: /2‘,�- Existing land use of the total property involved: S, ,;c, „A(irkt. Existing land use of the adjacent properties: North: / LL,,� ,.,,_ South: (F„,, i. East: , West: A —ct„,w I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. STATE OF COLORADO ) COUNTY OF WELD ) Signatur . ner or Authorized Agent Subscribed and sworn to before me this day of , 19 . SEAL Notary Public My Commission expires: /1 N C\5�-�vlq o Lo At C1.ov1 � v,re� -sari ` #* C ypt 4` 25.0 Nags r. Created, by st D154. iO' C Our4 v1130. 4iv { 2. 4S Coe S2-crtq T \1 , 2./I SEM t' N Proposed. Lo C.ov\ ftarakla.r. h�ph O Ptcred f C 4114 cticie A7 25.0 kcAeb C16061- by s O'4rici- Coat' c‘..41 t for MD . 2.13'12 t 0(n1 Ac.vec SW Cor Sit.C. Zvi St 12Z T1u , ROW IC:: le JACOBUCCI , REALTY January 19, 1982 Weld County Planning Dept. Greeley, Colorado Re : Request for Subdivision Exemption 17 acres located in the W1 Sec. 29, T 1N, 67W Dear Sir: The original parcel as stated above, was trans- ferred by Quit Claim Deed from Union Pacific Railroad to Jean J. and Victor L. Jacobucci on September 29, 1977 . It is a very long and narrow strip, making it an impractical parcel of land. Our request in this Subdivision Exemption is to redefine the boundries into a parcel which is more practical and usable, as defined in the attached survey. The adjacent land is also owned by Jean and Victor Jacobucci. Res tf ly submitted, 42 G�i%�z� Paul J. J cobucci, G.R.I . Jacobucci Realty Pjj : jj S , ,AILS 175 South Main Street • Brighton, Colorado 80601 • (303) 659-1193 I t REALTOR'_ R' _. 7 • 11 1* 1ni III t ' p4'Y a .71'r Ar �1 i.'� A 1loe rats- '--- - A`'�~YR'k ..F7..�..; = �_ 6 w r"/' -.11 r < , - •\a.' rt."‘„, — = _--- - ' t,_,:,,...a...:_, -1 - . 4. • rnrik4i ..' • r.. .: ,..1. ,. .), . _-_ ,,alt"I ' \ . ) c • I 3 -C ,4 ' .-- —_ :, , . . ir-\\1/4\: ) ice" des+ / �� y _ .. ` r;� y • 6100 �,. l j` • 'Yr l _• '1 . $tll. ..• - , .(.n '1 '•/ 1 / a , ' .MI� j/ _• j, `:- ::44...00.0 :I:: .-- sf .•'. Jr-1 -:;: ,J ,.M1/ - I ""tea.--•�� id r. / `� y {`. ,ls, . • • ike "11j4Or -099 • ' / •a'.... , If \ 1 t 4 - I >'• F 7.. -r if •'`'• `r' r "ti, it I i _r / 4 ..... * r •mytiI . . . • { -.. - _ _ _. �/ it _��_..r �/ ' -.'A 4f_ _ - • !07 tiNti I 1 )‘, _ .. ..... . .411 11' : , / ‘S.: i Soy, Mir ' Adi Iii-Hi ,..k v....tete.. . • iiit .„ .ki 4:-. . +..", A '.. -. ) ' C a{t+T• ,i .fa -"c-. rr 11 .Y .N ,. _ •- - - - ` - e 1 tit. 3 •- or , r; 'Ail 6 • i . 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REFERRAL LIST APPLICANT: Jean and Victor Jacobucci CASE NUMBER: SE-148 SENT REFERRALS OUT: January 26, 1982 REFERRALS TO BE RECEIVED BY February 4, 1982 m m z z m o m o Ho H AH F W 6 m o o z zo 0 o2 o h W it h W vii O W0 O M 0 W 0 P'. z c z 0 0 w z z XX County Attorney (plat only) Weld County Health Department Engineering Department County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 • / DEPARTMENT OF PLANNING SERVICES PHONE (30313564000 EXT.'40( 915 10TH STREET GREELEV,COLORADO 80631 s ,' Ja nuary 26, 1982 E ` 1 '�e® CASE NUMBER SE-148 • COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Jean and victor Jacobucci for a subdivision Exemption The parcel of land is described as part of the W1, section 29, T1N, R67W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is 3 miles northeast of Brighton 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 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 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 February 4, 1982 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 Rod Allison, Current Planner r r ,ip DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT. 1�Q( 915 10TH STREET GREELEY,COLORADO 80631 ,6 E 'b January 26, 1982 14 t •, ® CASE NUMBER SE-148 CY r.o L ham'X .hcS.� COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Jean and victor Jacobucci for a subdivision Exemption The parcel of land is described as part of the W1, Section 29, T1N, R67W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is 3 miles northeast of Brighton 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 p p p p considera tion of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 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 February 4, 1982 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 cons ' nd will be submitted to you prior to 3 . Please refer to the enclosed ¶'-r. z.... 1082.Signed Agen. Date •\{e1d Go.MS it` Rod Allison, Current Planner • • DEPARTMENT OF PLANNING SERVICES t- PHONE(303)356-4000 EXT.400 t1r 915 10th STREET GREELEY,COLORADO 80631 i� �sn ,� •- � a '� January 26, 1982 • COLD r ADO Mr. and Mrs. Victor Jacobucci 175 South Main Brighton, Colorado 80601 Re: Request for a subdivision exemption on a parcel of land described as part of the W1, Section 29, T1N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Jacobucci: 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 for Wednesday, February 10, 1982 at 9:30 a.m. This meeting will take place in the County Commis- sioners' 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 questions the Board might have with respect to your application. Please be aware that the Department of Planning Services staff will make a recommendation concerning this application to the Board of County Commis- sioners. It is the responsibility of the applicant to contact the Department of Planning Service's office a few days before the date of the Commissioner' s hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to contact me. Respectfully, Rod Allison Current Planner RA:rg • • P26- 0274226 RECEIPT IL 'R CriRTIF.IED MAIL ' NO INSURANCE COVERAGE PROVIDED- - NOT FOR INTERNATIONAL MAIL . . (See Reverse) SENT TO " Victor Jacobucci STREET AND NO. :175 South' Main P.O.,STATE AND ZIP CODE Brighton, Colo. 80601 POSTAGE - . S _ CERTIFIED FEE e w SPECIAL DELIVERY e • RESTRICTED DELIVERY C 0 SHOWN M AND a r "' u DATE_DELIVERED • N a cc 2 w SHOW TO WHOM,DATE, - ' I- w AND ADDRESS OF - a g a L DELIVERY - ra - o hi SHOW TO WHOM AND DATE - 2 L re DELIVEREDWITH RESTRICTS e ' i o ¢ DELIVERY 0.+ SHOW TO WHOM,DATE , = ADDRESS OF DELIVERY RESTRICTED WITH a ,,�� DELIVERY e r. P' TOTAL POSTAGE AND FEES S . - - 2'®SENDER: Complete Kama s-3,led 3. - ,• a POSTMARK OR DATE 2 - - Add your addzes io the"RETURN TO"space co _ .. - - - - •Iz i.-. he'following service'is.requested(check one.) - E - - - {Show to whom and data delivered —C Io 1-26-82 • p O:Showdo whom;date ancLaddress of delivery _C - in r' 0 RESTRICTED.DELIVERY m ' `m - Show to whomand date.delivered —C 0 RESTRICTEITDELUVERY•Show-to whom,date,and address of delivery.$_ .(CONSULT POSEstA.STER FOR FEES) 2.-•'ARTICLE ADDRESED TO; • r Victor Jacobucci m - a 175 South Main a Brighton, Colorado 80601 s tri . :I ma a H. -ARTICLE DESCRIPTION:, '-9 -" ' REGISTERED NO.., -CERTIFIED NO.. .. INSURED NO. W H a ' P26 0274226 •rs o - - (Always ahtaimsignaturu of addresses-or agent) ---i ii nI --I have received•the article described above. m\IGNA RE CLtd_dze see -fAmhorlyd agent .. O a 4. 9 DATE OF DELIVERY R .m D - 2—J-8'Z b D - a: E. -ADDR SG(Complete Grey d < a m -& -UNADLETO DELIVER BECAUSE: -.,SLE#WS • O _ -INITIALS Y -*GPO':1979400-a9 ! - • • • LEGAL, DESCRIPTION: That part of the West one-half of Section 29, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, lying Southwesterly of the centerline of the Union Pacific Railroad Company abandoned Boulder branch track and excepting a 17 .717 acres more or less parcel in the Northwest corner, and excepting a 25 .00 acres more or less parcel along the West side, and excepting a 2 .0219 acres more or less parcel in the Southwest corner, the balance of said part of the West one-half of Section 29, lying Southwesterly of said centerline of the Union Pacific Railroad, after said exceptions , is more particularly described as follows: BEGINNING at the West one-quarter corner of said Section 29, said point being 862 .83 feet South of the Intersection of said center- line of the Union Pacific Railroad Company abandoned Boulder branch track and the West line of the Northwest one-quarter of Said Section 29; thence N00'00 ' 00"W on an assumed bearing along said West line of the Northwest one-quarter a distance of 97 .25 feet to the South- westerly corner of said 17 . 717 acres more or less parcel ; thence along the Southerly boundary line of said parcel the following courses: 841' 55 ' 21"E a distance of 418. 90 feet; thence 852 '25 ' 00"E a distance of 386 .60 feet; thence 882 '05 ' 00"E a distance of 139.50 feet; thence N71 '40 ' 25"E a distance of 290.30 feet; thence N00'00 ' 00"W parallel with said West line of the Northwest one-quarter a distance of 445 .00 feet to a point on said centerline of the Union Pacific Railroad; thence 850'43 ' 00"E along said Centerline a distance of 432.76 feet to the beginning of a 1 ' counterclockwise curve to the left, the delta of said curve is 13. 25 ' 00", the radius of said curve is 5729.65 feet, the chord of said curve bears S57.25 ' 30"E, 1338.621 feet; thence along the arc of said curve and along said centerline of the Union Pacific Railroad a distance of 1341 .684 feet; thence $64.08 ' 00"E along said centerline a distance of 208.92 feet more or less to the East line of the Southwest one-quarter of said Section 29; thence approximately S00-00 ' 00"E along said East line of the Southwest one-quarter a distance of 1631 .65 feet more or less to the South one-quarter corner of said Section 29; thence N89.46 ' 10"W along the South line of said Southwest one-quarter a distance of 2326.00 feet more or less to a point 325 .00 feet East of the Southwest corner of said Section 29 and the Southeast corner of said 2 .0219 acres more or less parcel; thence N00.00 ' 00"W parallel with said West line of the Southwest one-quarter and along the East line of said parcel a distance of 271.00 feet; thence N89 .46 ' 10"W parallel to said South line of the Southwest one-quarter and along the North line of said parcel a distance of 325.00 feet to said West line of the Southwest one-quarter; thence N00.00 ' 00"W along said West line a distance of 701 .00 feet more or less to the i Southwest corner of said 25 .000 acres more or less parcel; thence counterclockwise around said parcel the followinf courses: 890'00' 00"E perpendicular to said West line a distance of I000.00 feet; thence N00 '00 ' 00"W parallel to said West line a distance of 758 .00 feet; thence N61.01 ' 56"W a distance of 640.08 feet; thence N41 '55 ' 21"W a distance of 658 .56 feet to the West line of said Southwest one- quarter; thence N00'00 ' 00"W along: said West line a distance of 110.00 feet to the POINT OF BEGINNING. CONTAINS : 106 .7 acres more or less . . l - • LEGAL DESCRIPTION: That part of the West one-half of Section 29, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, lying Southwesterly of the centerline of the Union Pacific Railroad Company abandoned Boulder branch track and excepting a 17 . 717 acres more or less parcel in the Northwest corner, and excepting a 25 .00 acres more or less parcel along the West side, and excepting a 2.0219 acres more or less parcel in the Southwest corner, the balance of said part of the West one-half of Section 29, lying Southwesterly of said centerline of the Union Pacific Railroad, after said exceptions , is more particularly described as follows : BEGINNING at the West one-quarter corner of said Section 29, said point being 862 .83 feet South of the Intersection of said center- line of the Union Pacific Railroad Company abandoned Boulder branch track and the West line of the Northwest one-quarter of Said Section 29 ; thence N00'00 ' 00"W on an assumed bearing along said West line of the Northwest one-quarter a distance of 97.25 feet to the South- westerly corner of said 17 . 717 acres more or less parcel; thence along the Southerly boundary line of said parcel the following courses : S41 .55 ' 21"E a distance of 418 .90 feet; thence S52 '25 ' 00"E a distance of 386 .60 feet; thence S82 '05 ' 00"E a distance of 139.50 feet; thence N71 '40 ' 25"E a distance of 290.30 feet; thence N00 '00 ' 00"W parallel with said West line of the Northwest one-quarter a distance of 445 .00 feet to a point on said centerline of the Union Pacific Railroad; thence S50 '43 ' 00"E along said Centerline a distance of 432 .76 feet to the beginning of a 1 ' counterclockwise curve to the left, the delta of said curve is 13' 25 ' 00" , the radius of said curve is 5729 .65 feet, the chord of said curve bears S57' 25 ' 30"E, 1338.621 feet; thence along the arc of said curve and along said centerline of the Union Pacific Railroad a distance of 1341 .684 feet; thence 564'08 ' 00"E along said centerline a distance of 208.92 feet more or less to the East line of the Southwest one-quarter of said Section 29; thence approximately 500'00 ' 00"E along said East line of the Southwest one-quarter a distance of 1631 .65 feet more or less to the South one-quarter corner of said Section 29; thence N89'46 ' 10"W along the South line of said Southwest one-quarter a distance of 2326 .00 feet more or less to a point 325.00 feet East of the Southwest corner of said Section 29 and the Southeast corner of said 2 .0219 acres more or less parcel; thence N00'00 ' 00"W parallel with said West line of the Southwest one-quarter and along the East line of said parcel a distance of 271 .00 feet; thence N89 .46 ' 10 "W parallel to said South line of the Southwest one-quarter and along the North line of said parcel a distance of 325 .00 feet to said West line of the Southwest one-quarter; thence N00 '00 ' 00"W along said West line a distance of 701 .00 feet more or less to the Southwest corner of said 25 .000 acres more or less parcel ; thence counterclockwise around said parcel the followinf courses : S90'00 ' 00"E perpendicular to said West line a distance of 1000.00 feet; thence N00 '00 ' 00"W parallel to said West line a distance of 758 .00 feet; thence N61'01 ' 56"W a distance of 640.08 feet; thence N41 '55 ' 21"W a distance of 658.56 feet to the West line of said Southwest one- quarter; thence N00'00 ' 00"W along: said West line a distance of 110.00 feet to the POINT OF BEGINNING . CONTAINS : 106 .7 acres more or less . LEGAL DESCRIPTIOA• That part of the West one-alf of Section 29, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, lying Southwesterly of the centerline of the Union Pacific Railroad Company abandoned Boulder branch track and excepting a 17.717 acres more or less parcel in the Northwest corner, and excepting a 25.00 acres more or less parcel along the West side, and excepting a 2.0219 acres more or less parcel in the Southwest corner, the balance of said part of the West one-half of Section 29, lying Southwesterly of said centerline of the Union Pacific Railroad, after said exceptions, is more particularly described as follows: BEGINNING at the West one-quarter corner of said Section 29, said point being 862.83 feet South of the Intersection of said center- line of the Union Pacific Railroad Company abandoned Boulder branch track and the West line of the Northwest one-quarter of Said Section 29; thence N00'00'00"W on an assumed bearing along said West line of the Northwest one-quarter a distance of 97.25 feet to the South- westerly corner of said 17.717 acres more or less parcel; thence along the Southerly boundary line of said parcel the following courses: S41'55'21"E a distance of 418.90 feet; thence S52'25'00"E a distance of 386.60 feet; thence S82'05'00"E a distance of 139.50 feet; thence N71'40'25"E a distance of 290.30 feet; thence N00'00'00"W parallel with said West line of the Northwest one-quarter a distance of 445.00 feet to a point on said centerline of the Union Pacific Railroad; thence S50'43'00"E along said Centerline a distance of 432.76 feet to the beginning of a 1' counterclockwise curve to the left, the delta of said curve is 13'25'00", the radius of said curve is 5729.65 feet, the chord of said curve bears S57'25'30"E, 1338.621 feet; thence along the arc of said curve and along said centerline of the Union Pacific Railroad a distance of 1341.684 feet; thence $64'08'00"E along said centerline a distance of 208.92 feet more or less to the East line of the Southwest one-quarter of said Section 29; thence approximately S00'00'00"E along said East line of the Southwest one-quarter a distance of 1631.65 feet more or less to the South one-quarter corner of said Section 29; thence N89'46'10"W along the South line of said Southwest one-quarter a distance of 2326.00 feet more or less to a point 325.00 feet East of the Southwest corner of said Section 29 and the Southeast corner of said 2.0219 acres more or less parcel; thence N00'00'00"W parallel with said West line of the Southwest one-quarter and along the East line of said parcel a distance of 271.00 feet; thence N89.46' 10"W parallelto said South line of the Southwest one-quarter and along the North line of said parcel a distance of 325.00 feet to said West line of the Southwest one-quarter; thence N00.00'00"W along said West line a distance of 701.00 feet more or less to the Southwest corner of said 25.000 acres more or less parcel; thence counterclockwise around said parcel the followinf courses: S90'00'00"E perpendicular to said West line a distance of lOR0.00 feet; thence N00'00'00"W parallel to said West line a distance of 758.00 feet; thence N61'01'56"W a distance of 640.08 feet; thence N41'55'21"W a _ distance of 656.56 feet to the West line of said Southwest one- ' quarter; thence N00'00'00"W along:'said West line a distance of 110.00 feet to the POINT OF BEGINNING. CONTAINS: 106.7 acres more or less. ,_, .., . o i, � � • I. 1 'i 4 _ _ • 1._ 652 0CT ?.3 5973 it.. ` • c +aotc Ramie'attQ .'eL��I. ai 7nt r nOe.Ne 1623463 "Na amen. s.':•' Tuts DEED, lade this lath day of i`etobeV ,te 69 , ;''f • I between ItLAISE .1e JAC0IILICCI t:^' it c 1(eld " ef the County of and state of undo,of the flnt part,and ,_�,e I . _o W I JEAN J. JACODUCCI and VICTOR L. .TACO h[ICCI of Or County of Weld and state of U.. .. -i Colorado,of the aeond part, 'rig WITNESSETH,That the said part y of the tint pan,far and in consideration of the qua of 1 DOLLARS, to the said party' of the first part la hand paid by the maid parties of the second part,the receipt whonol o te busby eo°fastl ad aelmowledged, ha 5 rem4ed, relented, sold, conveyed and QUIT CWINED, endby the pewb do es" remit.,relect.,cci,convey ad QUIT CLAIM unte lima said part 1 e:of the ae and poet, . r, their help,summon and assigns,forever,all the right, title, interest, claim and demand which the said • pert r of the first part ha 5 in and to the following described lot or parcel of land situate,lying sad belag in the Count?of Ice 1 d and State of Colorado.to wit: 11:1::: • ii- The North sixty acres of the ).orth one-half of the Northwest ono INfl ,M quarter of Section 32, Township 1 North, l:anor 07 lest of the 6th ' r P.'1 e AN!) The Souths:est one-quarter of Section 29, Tocnstl ip 1 North, Earl'c L7 '* Best of the 6th P.N., tonether with fifteen shares of the rani tal 'Q stock of the Earners Reservoir and Irri ration Corpn0y, tt.o shares of the Big Dry Ditch and Creek Reservoir and Irrieat ion Corv'any, and al ( other water rights, ditches and ditch ri rhts appurtenant or helonpin • thereto \Nil .,At That certain parcel beninnine at the Lest Quarter Corner of Section 1 ::orth Rance 67 Lest of the btl: r.-. ; thence :.ortu: 0° ' . 29, Township r 41.4 .06' East 801 feet; thence South 540 46' East POP feet; thence ::null 32° 43' Last 300 feet; thence South 50° 43' Cast 875 fret; thence 7 1':est 1002 feet to place of beyinnin-, contnininr 7.n acres, rore ter less, all in the Northwest quarter and 50 feet South of the Center line of the railroad; . Tofether with all reversionary rights anpl"ine to thr land on r,nch ' the school buntline. is situate. a• TO HAVE AND TO HOLD the same,together with all end singular the appurtenances and privileges thereunto • } belonging or in anywise t eremto appertaining,and all the estate,right,title,interest and claim whatsoever,of the ' •° said part of the first pert,either in law or equity to the only proper use,benefit and behoof of the said .. r part of the second part, heirs m and assigns forever. �•.• .! IN WITNESS WHEREOF,The said part y of the first pan ha s h eunto set !:i 5 hand it •end seal the day and year lint above written. 7 ii .L`-‘..1-S......% Ck-_NEAL] I IX -sc Signed.Sealed god Delivered in the Presence o! ._. �.. - - ..._......._.___..._........_......!y..._. _._._.__.[SEAL[ r [SEAL] '� _._....T......._..._.._........._........._._ ..... .... ........ .. ,..... .__..._._._.- SEAL) 1t COLORADO. la sc STATE OF T� el Coangof :\darn 111111 , The foregoing instrument was acknowledged before me this 10th day of ''C t d'C r , 19 69 ,br' I;lais° J. Jacobucci. .111110 ,1971 .Witteaa my band ad official seal. N1 eommiWon maplres -, C Ai �� •O }� 11 ° anew- wan Denim er person arse�m_}ann Dan us ssam9,ey:a actingp re er'autlee or.mtai erBen Mrapaeitv ani elo"sTe�7.nr,—"rat w ttivtii-inma°ru�tfl� t a otfec enim+e rf evch s �ton riles LL—antms f Na. OIL apt,CLASS gam.—ataYwe PAPAW .1fW Mmtimw3 Dan.niem -: ryn4A�e'.' } .;are, „•. +rss' f7a y'syyt n-3"k - «L`wY'%,, ai e A is r i it. e• ..S`l � yr farSt eSsx ' �� w . , (t 1p�e`jr 5,t'.4i{ � ,, . ti . 4 � �.....J�11 n -+ •,tf -.-..:r` -. .. fi4 t. ,.1(LS. '^a.ar, ..- -. ;iyo Ithoae»—=L=_,e.a P DRIGINAL' ' i 849 • • Ilu.Da �,, -- -3a 197°mory 17' Am Fawn Q h eld w . • arodo pp . I • C. D. jio. 4962O-13 L. • f .. - 1 {• piO - QUITCLAIM DEED - . "� f • ti THIS DEED, Made as of the �yL1 day of •S; _, N 1977, -between UNION PACIFIC RAILROAD COMPANY, a corporation .• 1 . duly organized, incorporated and existing under and by virtue of the laws of the State.of Utah, Grantor, and JEAN J. JACODUCCI and VICTOR L. JACOBUCCI, individuals, of Brighton, Colorado; - •+ Grantees: - n • s n UITNESSLTI, .That the said Grantor, for and in con- I sideration of the sun of two thousand two hundred twenty dollars n' ($2,220.00) in hand paid, the receipt whereof is hereby confessed and acknowledged, does hereby REMISE, RELEASE and QUITCLAIM - ' to the Grantees, their heirs and assigns, forever, all its - • i • 6 right, title and interest in and to the real estate situate 'A in the County of Weld, State of Colorado, described in Exhibit `�-; A, hereto attached and hereby made a part hereof. _ This deed is made SUBJECT to the following: All taxes and all assessments, or, if payable - - - ? in installments, all installments of assessments, - - levied upon or assessed against the premises y described in said Exhibit A which became or may . 1 become due and payable in the year 1977, shall be'proratcd as of the date of this deed between ._ the Grantor and the Grantees, and the Grantees assume and agree to pay, or to reimburse the . - . ,, Grantor for, if paid by it, all such taxes and -, assessments and installments of assessments appli- - cable to the period subsequent to the date•of - --- _ - - this deed ail assume all taxes- and all assess- . " • n^c:.:. and all installments of assessments which . ; - A may become due and payable after said year. . . It is expressly understood that the subjacent support • . 'of the premises described in said Exhibit A may have been impaired by mining operations heretofore carried on beneath , • the surface thereof, and the quitclaiming of said premises is upon the condition that the Grantor, its successors and fl assigns, shall not be liable for damages resulting therefrom. IN WITNESS WHEREOF, the Grantor has caused these ii • d - Id • .., 1 l ' f • f . 7 n. . t rr • 57dr 5 ; y , f ••,',.. y'. ..„,.7,-4-_ ••, -; •.. ..°Tr-qiip W.' 9 % 7 -4" -tJam, I e A. 11- n: ,L. -- -� .�..cr- — r�.�-:_..._.. -- ... .. —•*S_ '. �p� � .�� 1�1 .'t 4� 1 .: 1 i 7. `r Al 1 ,' I1 • + r . •Ta.- 5 rt1 1 . J-i k - • '1,. yyqq __ J r' r r:. w k. , �$,t(. i � j - > :a. . -'te.. l . • 4-',, tam ..yam_ ; `C"� ' a A - ;T )9 . L. '°`.'^ I • � �. / V-4,;•. 'L °�O F _ - —) I '—.F J SY; Y n{1? {;ice. it-3'c- rT 'iel { i 1 .9/ ui I eJwr ,/ II i ._ • H ..:. 1. , I. J ' f. g s I 14 a 'vi • i;fdr n j !•'.D. :Si.,, /A ll 1. Ir A 4 I i % 1 , ` j • ,y , .i Jic ,'I. p M . fi b ,I I ; '' j i .. r: pp _'Y„ �. > J ``1�� I l-. C I '- _ / ril i +YY. • l -- ' • i R49 . I • fl T71354 s.x • • • • r:f presents to be signed by its Vice President and attested by ll' • its Assistant Secretary, and its corporate seal to bq hereunto I - ' l a££4xed the day and year first above written. -trobd - ;,�G,...... '•."4., '',• • @:ro:: r ZFIC RnLhaOAD COMPANY, Oi • .- , •• 1.0 8 •r Sa' :•,S1.1e ;sit y ce President if O :' .f _ �Vj, sal) �h /''•• r,,� FS. 's a Secret. ecret - - ::.: .- q., . di n. i • S, _ . `;is , i ; •; - - ,, `i - • } O S' l • I. 2. y, .i J q- .y�r . �r'7,'",..'7,'",..: T .,hen -t , \ :V. f':- 4 S '.. ;� • c849 . • - - . • 1n1359 I i . . - STATE OP NEBRASKA ) - . I' ■e. i . ? COUNTY OP DOUGLAS. ) • • . - 1 • I- i • Y • • - - . The foregoing instrument was acknowledged before mo - .. this Z7E(i, day of ljeA) - - • 192, • . .i . by C. B. SCNAEPEA, Bice President of Union Pacific Railroad Company, a Utah corporation, on behalf of the corporation r j' • w r- Notary Public BOAC • F tlismitikuipOlliritaRalaDalkfl + (Sea OtirIALUM LL t cbs I .} - I • . r • cir :.-k;` .,r+"' nr.► Ts,:rr.tir*:•r rAt nYPR!•Cot!!�f� rrKnr,:,-n., : • . , i -A. r„• ti - a" r< . • • «�'' aYYr • L. I z _ T 1"!"!4354 6 �" • , "8 C. D.,No. 49620-13 ._ c':•*--' . . . S'.- 6%r EXHIBIT A . A strip of land, 200.0 feet in 'width, situate .in and :r being all that part of the Wr/2'of Section 29, T. 1 N., 11. 67 W. of the Sixth Principal Meridian, in Weld County, Colorado, extending southeasterly from the west line to the north-south centerline of said Section 29 and lying between the hereinafter described ce nterline of the abandoned main track_of_the Boulder Branch of 7 the Union PICIIic Railroad Company, as formerly_constructed'and_,,,_-__ crated •t_ 0 o a the resent soutierly right-of-way, osaid lrne - . a -d`—"an Whichi Fi ht=o£-way line is parali&l and concentric-"-- t • Railroad 2T0 f. 9 .. ._� -2 right measured at r with and 20.0 feet distant southwesterly, 9 ." main c:. from said centerline of abandoned . • lea and or radially, ang / • track. . . il Containing an area of 14.5 acres, more or less. • - Said centerline of abandoned main track, hereinabove - referred to, along and beyond the parcel above described, is ° described as follows: - Commencing at the southeast corner of said Section 29: ._.f_ - ' thence North along the east line of said Section 29, a distance of. 368 feet, more or less, to a point in said centerline: '.--.7':-- .R' of abandoned main track of said Railroad Company, as formerly _ • constructed and operated; , • _ {_ _ thence northwesterly along said centerline of main . ' . track, which is a straight line forming an angle of 63°53' from - .north to northwest with said east line of Section 29, a distance " of 2950 feet, more'or less, to a point in the north-south centerline s... of said Section 29, said point being the True Point of Beginning ' of the centerline hereby described; t, . thence continuing northwesterly along the prolongation of the last described straight line, a distance of 201.9 feet, more or less; �>: ° thence northwesterly along a tangent c av _ - northeasterly, having a radius of 5729.65 feet, a distance of r4 1341.7 feet; 'L! thence northwesterly along a straight line tangent to - the end of the last described curve, a distance 1,269.2 feet; 4 .`1v...� .1 )t.--”--wicLur• •_.•..•.r. .•........ ....r+n}1t..".... u*�"6�,,,, •t!µ. r' rte .mr wex r._�y ys ;1 ,•.•:.• n 4.M - r .'_' le ice 7 t .r - 'C t t 4r' • • • r rS ' s �. 1'7'71354• C. D. No. 49620-133- 349 thence northwesterly along a portion of a 'tangent curve - ' I • Concave southwesterly, having'a radius of 5729.65 feet, a distance • - of 442.0 feet to a point on the weal line of said Section na29etthat • is 859 feet, more or less, Aiatant north from the west q comer rf said section;' thence continuing northwesterly along the remainder ,of the last described curve, a�fithanstrip of lanf 884.7 d huzeet Lyaupscribed. - . hrynnr the.. weetcrl•l.lim_tc • . i:; G'. • • I . • • . • a • • •1 i • • . • . . - . :: nY rM r VACANT LAM) CONTRACT TO BUY AND SELL REAL ESTATE , n (Seller's remedy limited to Liquidated Damages) . • ��„ The printed portions this form approved by_!he Colo ado Real Estate f sion(SC 26.2.81) THIS IS A LEGAL INSTRUMENT.IF NO ERSTOOD, LEGAL,TAX OR OTHER COUNSEL ULD BE CONSULTED BEFORE SIGNING. .ember 17, . 10 81 1.The undersigned agent hereby acknowledges having received from .,. Larry G. Frank and Hazel K. Frank as tanantt_in_cnmman__.__-_--------_ the sum of $ 300.00 ,in the form of personal check , to be hold ' by Jacobucci Realty ,broker,in broker's escrow or trustee account,as earnest money and part payment for the following described real estate in the said County of Weld Colorado, to wit: See new legal to be attached. . 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.Subject to the provisions of paragraph 17,the undersigned person(s) Larry G. Frank and Hazel K. Frank common), hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s),hereinafter (�o/((:Y(7(feb�q��/tenants in o ), ggn called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. _ 3.The purchase price shall be U.S.$ 1,900. p er acre payable as follows:$ 300.00 hereby • receiptedfor; 1, $4,000. in cash or certified funds upon delivery of deed (plus customary closing. costs) . 2. .Purchasers execute their note secured by a First Deed of Trust, which shall con- • stitute a First Lien, payable to the) sellers by the Purchasers, their heirs, their adminis- trators, their personal representatives, their executor in the amount of (to be ' determined after survey). at the rate of 12% per annum, and at $1,900.00 per acre. 3. Monthly payments, including principal and interest, to be due on the first day of each and every , . month, starting March 1, 1982, in the amount of approximately $400.00 with interest in arrears There shall be a 15 day grace period from the due date of payment after which time thee will be assessed a late charge of 5% of the monthly payment (Principal and Interest) . 4, Monthly payments and/or the legnth of the loan in years, (approximately 10 years) to be adjusted after survey and exact sales price will be determined. . 4.Price to include: None other - • and the following water rights: None - • _ 5.If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promply and diligently(a)apply for such loan,(b)execute all documents and furnish all information and documents required by the Lender,and(c)pay the customary costs of obtaining such loan.Then 1f such loan is not approved on or before N/A ,19_,or if so approved but iB not available at time of closing,this contract,':': shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. - t f 6.If a note and trust deed or mortgage is to be assumed,Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$ N/A and(2)an interest rate not to exceed %per annum.If the loan to be assumed , has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon the Purchaser reviewing and - . consenting to such provisions. If the Lender's consent to a loan assumption is required, this contract is 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 shall not be assignable by Purchaser • without written consent of Seller. B.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/A 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 Seller's option end expense, shall be furnished to Purchaser on or before February 1, , io 82 .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 in paragraph 11.The hour and place of closing shall be as designated by Jacobucci Realty , 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 on February 28, 19 82 ,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 Oki:$/Of/MO ici/:II/11141 nnna nthar • - 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: // - - lights of way, easements, reservations and restrictive covenants of record- & those contained herein in this contract. - end except'the following specific recorded and/or apparent easements: as per title policy and subject to building and toiling regulations. 12.Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent.2,. "� A fo 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:!f Seiler is-`'" unable to correct said defect(s)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 shell be released from all obligations hereunder and ell payments and things of value received hereunder shall be returned to Purchaser. - '• ..`� • ! unable to correct geld defect(s)on or before date of closing,at Seller's option end upon written notice to Purchaser or Purchaser's agent on or before date ewnlosing,the date of closing shall be extended thirty days for the purpose of gorrecting said de s).Except as stated in paragraph 13,If finals ni' endered merchantable as provided in ihl vragraph 12,at Purchaser's option,this contracts e void and of no effect and each party hereto; shall be released from'all obligations here in and all payments and things of value received h der shell be returned to Purchaser. 13.Any encumbrance required to be paid,, y be paid at the time of settlement from the proceeds of this transaction or from any other source: ti' 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 lo Purchaser. , .. , 14.General tuxes for the year of closing. based on the most recent lovy and the most recent assessment,prepaid rents,water rents,sewer rents, •' FHA mortgage insurance premiums and interest on encumbrances,if any,and none other shall he apportioned to date of delivery of deed. . 15.Possession of the Property shall be delivered to Purchaser on day of delivery of deed subject to 1982 farm lease. ,subject to the following leases or tenancies: 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 duo hereunder in not paid, ' honored or tendered when dun,or II any mill air obligation hereunder in nut performed us herein provided, there shell be the following remedies: - ' (a)IF PURCHASER IS IN DEFAULT. then oil payments end things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter he released from all obligations hereunder.It is agreed that such payments and things of value are LIQUIDATED DAMAGES and are(except as provided in subparagraph(c))the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to' . ' perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT,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. (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 controversy regarding the earnest money held by broker,unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into the court and may recover court costs and reasonable attorneys' fees. 19. Additional provisions: 1. The Purchasers shall have the right and privilege to pay off the entire balance at any time, without penalty, with interest to the date of payoff only, after Jan uary 1, 1983. 2. Should either legal or equitable title to the property be transferred by Purchasers, their successors to any 3rd party, the whole sum of the Principal and Interest shall become immediately due and payable unless the sellers shall consent to assumption thereof, 3. Purchaser shall be responsible for the property tax from the day of delivery of deed. 4.' Note and Deed of Trust to be held by Escrow Agent with detailed instructions to release the Note & Deed of Trust when note in paid in full or when notified by the mortgagee to do sb. - 5. This contract is conditional upon the planning Dept. of Weld County issuing a building permit in the future - to be determined by closing. 6. The cost of the survey shall be divides - I' ed between the Purchasers and Sellers. 7. All mineral rights, including gas and Oil shall be ,, retained and reserved by the Grantors. 8. The sellers shall release one (1) acre in the north . west corner after July 1, 1982 to the Purchasers for the construction of a home. 9. Any home.' • constructed on this property shall have an appraised value of at lease $50;000.00. 20.If this proposal is accepted by Seller in writinggand Purchaser receives notice of such acceptance on or before December 18, . ..- -f ,19 a] ,this instrument shall become a contract between Seller and Purchaser and shall inure to the "';- l benefit of the hers,successors and assigns of such parties, except as stated in paragraph 7. --• 1 l <ThZ ✓..' ''.!'yii_.•- /Fri' -//_h,- Purchas r Date Broker -.-"7 C R LTY ) L - 1 .• --�z)C,l 1, - I t «_.!�,k �cc '_(^l - ��S ) By: ( cze r �-/�('7i Ce'-Ctr' Purchaser Date , / Purchaser's Address „ (� (The following spefon to be complgfedby Seller and Listing A eat 21. Seller accepts the above proposal this �3'¢--��- day of ,t�) ',T , 19 / , and agrees to pay a commission of � - 5 We 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 r and Seller, ne-half thereof to said broker,but not to " - exceed the commission, and the balance to Seller. • JJ1 - r C • -"\ \ ( ( Seller d"`' f"r`if�/ L .. Salle s Address Z i ef ..---0(IA-% 0 fittA --- rct $-' IL;(?//e-,f a( � j Listing Broker's Name and Address l Reorder hots Copies.Ltd. 1 S231%South Weber Copyright©April NISI jQ Colo.Spgs.,CO 80903 Copies,Ltd. , DO NOT NrlODOCr without written permkeks. .'1 t i - .. ; I Rey' C.tF. fit 'i r W r + - ' } x y +.G ,'f m Nv Y. "; 1 - x , t 1 .- ( }r,-t"i ; 'k'�„ g L2`1 + 1 r t '" a" t ., vl d'' ✓Ss(ti k:7' l ^o" t : , Y }'� a,:i4+nF ,: I T t '• I .e St t7' 5 i. 1 t�� ".. s r ,. Ord 1: r w. ' '� '"` `p, �Jt �\ t ,tie -. i rt.31t ` a,° f ?u ra'L+w YU ^ .+ r ¢' �; 4lb a�'4 b IT', � , H `�Lit-r' rof^Y: �j¢�,-t"� o}�'�� al y�`i "+. .� �Mrr � ,,.�y_ t _ +T .. _ v , 6 + + t h i � i, +-. s + r ,^,t,?„‘;,2.0g .,-,..4:),-.. r-.-y,` t. •t pF t ,9 i + +, .S Y u I r BSI r. p-J�,� T• i J 'a1 t F1,y Y'r'1 1 i { aAan t h h t ^f - •\:t '} -i q„ IMI s i. 1:;',,,..;Y tl .C ��M .Y ,;,:nr h{x}'.:.a �.'if/-e, lY 4' _ T Yr1 .Y.£ ?(: f( +'1`+ ¢ 4,unw..1 " ( + r 1i� . +t f h�� ¢'I 4 t 1 a ,: v )S . +f"t''.,:-.-,;(;•4;..5.(c;";',47,-'.2".e...,;(1 "Qs 4u ' .PafG4aq E , a>-- * r +,tr -,,,;,:4,,, ,t.: .e .1, + < v' a +11 t ,1{ 4,'`. . .. t - .'I Y„ .,.n. s+Rt4.3. �-stf ti, Yt:.3fuu��.-Y_]a :'L3 •IN Y'IlE DISTRICT COURT IN AND IlkTh ' COUNTY OF WELD rECENED v/ STATE OF COLORADO DE_ ��.0 Civil Action No. 27372 1'HELMA V. JACOBUCCI, as e• / 5 �l Administratrix of the Estate ) Q � (�� of Joseph Jacobucci, Deceased, ) ll � ) � Plaintiff, )) I8�n� O vs. ) STIPULATION• �✓ g ' JEAN J. JACOBUCCI, et al. , ) ) Defendants. ) e L, w the within Stipulation are the only ones involved in the remaining issues yet to be determined by the Court. In full and complete settlement of their obligations, they agree that the following ' .Order 'be entered by the Court without further notice to any of the parties' , to this Stipulation: • ' "This matter is before the Court for the entry of final orders and judgment disposing of the issues that remain to be decided by the ' Court. Having reviewed the file and the statements of the parties and • - of counsel, it is the Order of the Court that: 1.' The Defendants Jean J. Jacobucci and Victor L. Jacobucci shall, ' within 15 days of this Order, convey to the Defendant Natalie F. Keller, the following described parcel of land situate, lying and being in the . County of Weld, State of Colorado: Part of the southwest one-quarter, Section 29, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as: • Beginning at the northwest corner of said southwest • one-quarter; thence S00°OO'OO"W on an assumed bearing along the west line of said southwest one-quarter, a • distance of. 110.00 feet to the true point of beginning; thence continuing S00°00'00"W along said west line, a distance of 1558,00 feet; thence 890°00'00"E, a distance of 1000,00 feet; thence N00°00'00"E parallel . to said west line, a distance of 758.00 feet; thence N61°01'56"W, a distance of 640,08 feet; thence N41 °55'21"W, ' i a distance of 658,56 feet to the true point of beginning. • To carry out the terms of this paragraph, the Defendants Jean J. • Jacobucci, and Victor L. Jacobucci shall execute, acknowledge and deliver to the Defendant Natalie F. Keller the general warranty deed a copy of . which is attached to this Order as Exhibit -A. . 2, Within 15 days from and after the date of this Order, the Defendants Jean J. Jacobucci 'and Victor L. Jacobucci ;:',all furnish to . PDar ant for .the D. ant 'Natalie 'F. Keller a se- af the real estate described in Exhibit A certified by a registered land surveyor. 3. One and one-half uluires of the Farmers Reservoir and Irrigation, , Company, one share of Mountain View Water Users Association, 'and $15,000.00 • - in cash heretofore paid by each the Defendants Jean J. Jacobucci and Victor L. Jacobucci are determined by the Court to have been transferred and paid, respectively, in partial discharge of the claims of Natalie F. Keller against Jean J. Jacobucci and Victor L. Jacobucci. L . Upon execution, acknowledgement: and delivery by Jean J. Jacobucci and Victor L. ,lacobucci of the deed a copy of which is attached 'hereto • ' as 'Exhibit A and delivery of the survey referred to in paragraph 2 hereof, all of Natalie F. Keller's claims against the assets of the ' testamentary trust created under the will of Elizabeth Jacobucci shall . have been fully satisfied, and Jean J. Jacobucci and Victor L. Jacobucci, jointly and severally, shall no longer bear any liability to Natalie F. , • Keller on account of anything pertaining to the estate of Elizabeth _ , Jacobucci and any trusts created thereunder. Levee; 9 Done and signed at Greeley, Colorado, on this 4e9 day of Febt-uar-y, 1981. BY THE COURT t .6i. 1 /7./.,‘____, - '„.; ' - H District Judge" - This Stipulation is dated thisS day of February, 1981 . . I • Aa c i can J% Ja o uc J . 1�� Victor L. Jacob cci • Natalie ller �/T �C C 7 [/ HADDON, MORGAN & FOREMAN By d �1 �, Y Bryan T Torg n Reg. N 3 Attorneys for Defendants Jean J. Jacobucci ' and Victor L. Jacobucci. 730 Seventeenth Street #350 Denver, Colorado 80202 629-1327 . / • _yr,4 A---/a/ JoYge E/ eastillo Reg. No. 361 Attorney for Defendant Natalie F. Keller 3300 East first Avenue, Suite 300 Denver, Colorado 80206 . 399-2872 -2- ,•1',/. THIS 'DEED 2'thde this day of , 1981, between ft-'),yJean J. Jacobucci and1ctor L. Jacobucci, of the' •nties of Adams and Weld, respectively, and the State of Colorado, of the first part, ' ' e ,and Natalie F. Keller of 49 Medford Place S.W. , Calgary, Alberta of the, - second part: '. • WITNESSETII, That the said parties of the first part, for and in ' consideration of the sum of One Dollar, to the said parties of the first part in hand paid by the said party of the second part, the receipt. whereof is hereby confessed and acknowledged, have granted, bargained, • • sold and' conveyed, and by these presents do grant, bargain, sell, convey , . and confirm, unto the said party of the second part, her heirs and - assigns forever, all the following described parcel of land, situate, - lying 'and being in the County of Weld and State of Colorado : ' Part of the southwest one-quarter, Section 29, Township . ' 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as: - Beginning at the northwest corner of said southwest one-quarter; thence S00°00'00" W on an assumed bearing . along the west line of said southwest one-quarter, a - . distance of 110.00 feet to the true point of beginning; ' thence continuing 500°00'00" td along said west line, a distance of 1558.00 feet; thence S90°00'00" E, a , distance of 1000.00 feet; thence N00°00'00" E parallel to said west line, a distance of 758.00 feet; thence N61°01'56" W, a distance of 640.08 feet; thence N41°55'21" W, - a distance of 658.56 feet to the true point of beginning. Contains 25.0 acres more or less, and excepting all matters . - shown on Schedule 1 attached hereto. Together with all and singular the hereditaments and appurtenances -theretp' belonging, or in anywise appertaining, and 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 4 ' and to the above bargained premises, with the hereditaments and appurtenances. - ,_ Tv, have and to hold the said premises above bargained and described, , weAth the appurtenances, unto the said party of the second part, her heirs and assigns forever. f#nd the said parties of the first part, for themselves, ' their heirs, executors, and administrators, do covenant, grant, bargain, and • agree to and with the said party of the second part, her, heirs and 'assigns, that at the time of the ensealing and delivery of these presents, 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 - '-'': - - have, good right, full power and lawful authority to grant, bargain, sell and ,convey the same in manner and form as aforesaid, and that the same are - - - free and clear from all former and other grants, bargains, sales, liens, , , taxes, assessments and encumbrances of whatever kind or nature soever, except. • all taxes and assessments for 1980 and subsequent years; except- all oil, gas, coal and mineral rights which are reserved to the grantors; and except any irrigation ditch casements to irrigate grantors' land located immediately. • to the east and south of the above described parcel which easements shall , continue in existence until the- earlier of June 1, 1985, or the time when the . grantors transfer, by operation of law or otherwise, any portion of the land located L=vdlately to the east and south of the above described parcel ; and . ' - XI--II9IT, H ' --- . . �tythea.shove•bargained. premines in the quiet an'd' encenblc possession of the ' ' said party of the n nd pnrt, her heirs and nnsigibagainat 'all and every ' w; person or persons lawfully claiming or to claim the whole or any part thereof, I// the said parties of the first part shall and will warrant and forever defend. O The singular number shall include the plural, the plural the singular, and the , use of any gender shall be applicable to all genders. • . IN WITNESS WHEREOF, the said parties of the first part have hereunto. set their hands and seals the day and year first above written. t� , can Ja buc r icier L. Ja .obu i STATE OF COLORADO ' ) /) ) ss. COUNTY OF e n-td, . ) ` h foregoing instrument was acknowledged .before me this /fl/, day of p; , 1981, by Jean J. Jacobucci. . My commission expires: /6 —/ ' 5. T 15•f. L.::.:.:-.-Bti .:c_, ecb. 5 7 5 C, -Are ' . 2'ei Notary Public . ' STATE OF COLORADO ) ss. COUNTY OF 70K-2.,,d....., ) The foregoing instrument was acknowledged before me, this jgaday of -ifiC l- , 1981, by Victor L. Jacobucci. My commission expires: f 0 /- ,9 -3 Notary Public • EXHIBIT_A . - . ___ Page .L__ of . • -2- SCHEDULE 1 - - EXCEPTIONS • ;t 1.. Rights of way for county roads 30 feet wide on either side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. • 2.- Reservations by the Union Pacific Railroad Company of (1) all oil, . . coal and other minerals underlying subject property, (2) the exclusive ' right to prospect for, mine and remove oil, coal and other minerals, , and (3) the right to ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in . , ' • Deed recorded November 28, 1902, in Book 201 at Page 291. 3.' Easement and right of way to construct, maintain, inspect, operate, . • protect, repair, replace, change the size of, and remove a pipe line for the transportation of liquids and/or gases, as granted to Sinclair l' Pipe Line Company in Right of Way Easement recorded March 19, 1963, in Book 1641 at Page 316, in which the specific location of said easement is not defined. . 4. ` Easement and right of way to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the size of, operate, and remove a - pipe line, drips, pipe line markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for. the maintenance and operation of said lines and for the transportation H . . of oil, gas or other substances, as granted to Panhandle. Eastern Pipe Line Company in Right of Way Grant recorded March 26, 1974, in Book 711 . ' as Reception No. 1632741, in which the specific location of said easement is not defined. 5., Easement and right of way to construct, maintain, inspect, operate, replace, change, or remove a pipeline and a fuel gas line, as granted • - to Amoco Production Company in Right of Way Agreement recorded May 22, 1974, in Book 715 as Reception No. 1637103, in which the specific location of said easement is not defined. , 6. Terms, agreements, provisions, conditions and obligations, as contained in Surface Owner's Agreement recorded February 4, 1980, in Book 894 as Reception No. 1816062. '.:iY- ... -. 19B1 IN THE DISTRICT COURT IN AND FOR THE DEC COUNTY OF WELD • STATE OF COLORADO Civil Action- No. 27372 . . c1/4 C THELMA V. JACOBUCCI, as ) �1Q '\ Administratrix of the Estate ) , �, �, ly of Joseph Jacobucci, Deceased, ) Plaintiff, ) ) vs. ) ORDER JEAN J. JACOBUCCI, et al. , ) - ) Defendants. ) • This matter is before the Court for the entry of final orders • and judgment disposing of the issues that remain to be decided by the Court. Having reviewed the file and the statements of the parties and of counsel, it is the Order of the Court that: 1. The Defendants Jean J. Jacobucci and Victor L. Jacobucci shall, • • within 15 days of this Order, convey to the Defendant Natalie F. Keller, . - the following described parcel of land situate, lying and being in the • County of Weld, State of Colorado: Part of the southwest one-quarter, Section 29, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as: • • Beginning at the northwest corner of said southwest one-quarter; thence S00°00'00"W on an assumed bearing . • along the west line of said southwest one-quarter, a distance of 110.00 feet to the true point of beginning; - • - thence continuing SOO°00'00"W along said west line, • a distance of 1558.00 feet; thence 590°00'00"E, a distance of 1000.00 feet; thence N00°00'00"E parallel to said west line, a distance of 758.00 feet; thence N61°01'56"W, a distance of 640.08 feet; thence N41°55'21"W, a distance of 658.56 feet to the true point of beginning. To carry out the terms of this paragraph, the Defendants Jean J. • Jacobucci and Victor L. Jacobucci shall execute, acknowledge and deliver to ! the Defendant Natalie F. Keller the general warranty deed a copy of which is attached to this Order as Exhibit A. 2. Within 15 days from and after the date of this Order, the • Defendants Jean J. Jacobucci and Victor L. Jacobucci shall furnish to counsel for the Defendant Natalie F. Keller a survey of the real estate described in Exhibit A certified by a registered land surveyor. 3. One and one-half shares of the Farmers Reservoir and Irrigation - • • Company, one share of Mountain View Water Users Association, and $15,000.00 ' in cash heretofore paid by each the Defendants Jean J. Jacobucci and Victor L. Jacobucci are determined by the Court to have been transferred s' ., f '. and paid, respectively, in partial. discharge of the claims of Natalie F. Fr. . Keller against Jean J. Jacobucci and Victor L. Jacobucci. ' - 4. Upon execution, acknowledgement and delivery by Jean J. Jacobucci and Victor L. Jacobucci of the deed a copy of which is attached hereto as Exhibit A and delivery of the survey referred to in paragraph 2 . hereof, all of Natalie F. Keller's claims against the assets of the testamentary trust created under the will of Elizabeth Jacobucci shall - ' have been fully satisfied, and Jean J. Jacobucci and Victor L. Jacobucci, ' jointly and severally, shall no longer bear any liability to Natalie F. Keller on account of anything pertaining to the estate of Elizabeth , Jacobucci and any trusts created thereunder. Done and signed at C-�'ee��/ , Colorado, on this cO' day of pp C 4. 97;� lvi.'/ 1981, nunc pro tune at October 19, 1981. BY T E OURT 6,---) .. .21/ . • . ii .. / . . District Judge • • • • -2- ' TI115 DEEU, }tndr thin day of , 1961 , between h"Jean J. Jacobucci andfictor L. Jacobucci, of the•unticn of Adams and Weld; respectively, and the State of Colorado, of the first part. ' and Natalie F. Keller of 49 Medford Place S.W. , Calgary, Alberta of the ': second part: WITNESSETH, That the said parties of the first part, for and in consideration of the sum of One Dollar, tb the said parties of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey , and confirm, unto the said party of the second part, her heirs and , assigns forever, all the following described parcel of land, situate, lying and being in the County of Weld and State of Colorado: Part of the southwest one-quarter, Section 29, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as: Beginning at the northwest corner of said southwest one-quarter; thence S00°00'00" W on an assumed bearing along the west line of said southwest one-quarter, a distance of 110.00 feet to the true point of beginning; thence continuing S00°00'00" V along said west line, a distance of 1558.00 feet; thence S90°00'00" E, a distance of 1000.00 feet; thence N00°00'00" E parallel to said west line, a distance of 758.00 feet; thence N61°01'56" W, a distance of 640.08 feet; thence N41°55'21" W, a distance of 658.56 feet to the true point of beginning. Contains 25.0 acres note or less, and excepting all matters shown on Schedule 1 attached hereto. Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever , o1; the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenancdls. To have and to hold the said premises above bargained and described, With the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said parties of the first part, for themselves, their heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said party of the second part, her, heirs and assigns, that at the time of the ensealing and delivery of these presents, they are • well seized of the premises above conveyed, as of good, sure, perfect, " 2bsolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except all taxes and assessments for 1980 and subsequent years; except' all oil, gas, coal and mineral rights which are reserved to the grantors; and except any irrigation ditch easements to irrigate grantors' land located immediately to the cast and south of the above described parcel which easements shall continue in existence until the earlier of June 1, 1985, or the time when the -- grantors transfer, by operation of law or otherwise, any portion of the land located L:-edlately to the cast and south of the above described parcel; and I . ".1 iIB11 • ' a- __ .. ihe .above bargained premluca in the quiet and Peaceable ponacssion_of the arid party of the send part, her heirs and nasig• againot all and every person or persons lawfully claiming or to claim the whole or any part thereof,. ai, the said parties of the first part shall and will warrant and forever defend. The singular number shall include the plural, the plural the singular, and the .. use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. • can Ja._ buc ictor L. J obu i STATE OF COLORADO ) ss. COUNTY OF 11:9 foregoing instrument was acknowledged before me this /ft/ day of t/ , 1981, by Jean J. Jacobucci. My commission expires: /() —/ ' .5' '5 h15 yi/l GLI �t' • Notary Public STATE OF COLORADO ) ) ss. COUNTY OF �l//6',.,„1/ The foregoing instrument was acknowledged before me this /Q day of f T , 1981, by Victor L. Jacobucci. My commission expires: 7 -/- _5 Notary Public _ F • ; • • EXHIBIT_A Poge t, OI .—� • -2- • SCHEDULE 1 • EXCEPTIONS 1. Rights of way for county roads 30 feet wide on either aide of • section and township lines, as established by order of the , Board of County Commissioners for Weld County, recorded October 14, • 1889, in Book 86 at Page 273. • • ' 2. • Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right to ingress and egress and regress to prospect for; mine and remove oil, coal and other minerals, all as contained in Deed recorded November 28, 1902, in Book 201 at Page 291. 3. Easement and right of way to construct, maintain, inspect, operate, . ' protect, repair, replace, change the size of, and remove a pipe line for the transportation of liquids and/or gases, as granted to Sinclair Pipe Line Company in Right of Way Easement recorded March 19, 1963, • in Book 1641 at Page 316, in which the specific location of said ' easement is not defined. • 4. , Easement and right of way to lay, construct, maintain, lower, inspect, • repair, replace, relocate, change the size of, operate, and remove'a pipe line, drips, pipe line markers, valves, launchers, receivers, • cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said lines and for the transportation ' of oil, gas or other substances, as granted to Panhandle Eastern Pipe - . • Line Company in Right of Way Grant recorded March 26, 1974, in Book 711 as Reception No. 1632741, in which the specific location of said • ' easement is not defined. ' • 5. , Easement and right of way to construct, maintain, inspect, operate, . • replace, change, or remove a pipeline and a fuel gas line, as granted to Amoco Production Company in Right of Way Agreement recorded . , j May 22, 1974, in Book 715 as Reception No. 1637103,•in which the specific location of said easement is not defined. , 6. 'Terms, agreements, provisions, conditions and obligations, as ' contained in Surface Owner's Agreement recorded February 4, 1980, ' • ' in Book 894 as Reception No. 1816062. Hello