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Home My WebLink About841049.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 715 - JOHN AND CHARLOTTE CARLSON WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners , pursuant to its authority under Section 30-28-101 (10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 715 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 715 was sub- mitted by John and Charlotte Carlson for property which is lo- cated in Part of the NEQ NW4 , Section 4 , Township 5 North, Range 65 West of the 6th P .M. , Weld County, Colorado , being more par- ticularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS , this request is to divide the property into par- cels which have been estimated to be approximately 22 acres and 1 acre. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove de- scribed parcel of land be, and hereby is, exempt from the defi- nition of the terms , "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) the applicant shall submit a mylar plat to the Department of Planning Services to be re- corded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety days from the date of approval by the Board of County Commissioners; and 2) the mylar plat shall show an additional ten feet of reserved right-of-way west of the centerline of Balsam Avenue and an additional twenty feet of reserved right-of-way south of the centerline of C Street. / Ai .,..r ,-r �` � �. 841049 Page 2 RE: RE #715 - CARLSON The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D. , 1984 . A,g BOARD OF COUNTY COMMISSIONERS ATTEST: + 1;Y,& : 1, „ x `< .. , WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the B and Norman Carlson, Chairman By: ./ ni! — Deputy County erk ccr line o son, Pro-Ten APPROVE AS TO FORM: K/1!/!1 '®(tn Gene R. Brantner EXCUSED County Attorney Chuck Carlson J n T. Martin $41049 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 4400 rs6( t 915 10th STREET GREELEY,COLORADO 80631 11 I C. COLORADO � � October 31, 1984 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #RE 715 Dear Commissioners: The attached application, plat and related items are in reference to a request from John and Charlotte Carlson for a recorded exemption. The parcel of land on which this request is being made is described as Part of the NE11 NWT, Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The property is located approximately .5 miles northeast of Greeley on C Street. The property contains approximately 23 acres of Class IIs (prime) , IVw, VIIs irrigated and VIw, VIIs nonirrigated soils. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 22 acres and 1 acres, more or less. The applicants would like to separate a small house from the remainder of the farm to be used as a single family dwelling. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: - The 23 acres, more or less, under consideration will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing zoning. - The application was reviewed by the City of Greeley and they had no objections to this proposal. 941049 Board of County Commissioners Page 2 - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does exist in the Airport Overlay District. One hundred and thirty (130) feet is the maximum height allowed for any structure or tree at this location. - The proposed lots meet minimum lot size requirements for land division. - The North Weld County Water District has indicated adequate water service is available for this proposal. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from C Street and Balsam Avenue. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. 2. The mylar plat shall show an additional ten (10) feet of reserved right-of-way west of the centerline of Balsam Avenue and an additional twenty (20) feet of reserved right-of-way south of the centerline of C Street. Respectfully, t 4444, ctf1& Michael S. Mullen Current Planner 841049 FIELD CHECK FILING NUMBER: RE 715 DATE OF INSPECTION: October 24, 1984 NAME: John and Charlotte Carlson REQUEST: Recorded Exemption on 22.934 acres LEGAL DESCRIPTION: Part of the NEB NWT, Section 4, T5N, R65W LOCATION: Approximately 11 mile northeast of Greeley; south of C Street and west of Balsam Avenue. LAND USE: N C Street, irrigated cropland (corn) , farm residence, residence, farm residence to NE. E Balsam Avenue, cropland (tilled) . S Pasture W Pasture, Lundgren Subdivision to SW. ZONING: N R-1 E R-1 S R-1 W R-1 COMMENTS: Subject site is approximately 23 acres of irrigated cropland (corn) with improvements. The property slopes to the south. The proposed larger parcel (22 acres) contains the cropland, an old feedlot, a residence, garage, outbuildings, corrals, and a feedmill. The proposed smaller lot (1 acre) contains a white single-story residence and a garage. The smaller lot would have access to Balsam Avenue (gravel) and the larger lot would have access to C Street (paved) . By: yutcXLttS2sJ• A S Michael S. Mullen Current Planner 841049 LEGAL llESCRIPTION P�. NE `IN�y, Sec.yiTSN, R�oSG) CASE NO. slnire 2E MI5 1 f 50 •. 32 w 'S sz y a ' Y .a,«.. `� 5 ti "^1 , a 5 v g� p�yi. -.. -j. 4 ,.,,t% 4.,;:st,:.,..:.s.:vr..4-4. :, 5� 32 Osi. }� Sc o`i 1 . 5 s 885 `J.. !1 ra�p.w,1.:. .. 4 9 N 3 7₹'� 1U" , ✓i , CACHE • s t. b. � t. Me. HO SOIL CLASSIFICATION SOIL NO. IRRIGATED NON-IRRIGATED PRINE 1O I V w .�! I w — 50 .3s — "4$ 6,e) s _s..\/11 - 841049 1 -4 1 I O e 7 440 Well .:14 �� X00 A\ I >4�ao 1 1 o 1 09 al/2 2 UNION 14639 P/C/FIG G/H0. -0 \ 1 ° 26 • 6 9 Mu/ • a •�' — � � — II 27 e.1 • (IOverly vI 1. p ,. e o - 4690. 1+10 1 'q E A o \ 0 6 n V�}kev _,,..u ... � 4693 2 i 1 •�� 004 � _� - _�-- sa68J ROAD �\ SC}1W °o/ � 4683 I X00 • -1)J ( ,.Y 1 0' . alNell 680 . 6A 69 O 4 I +� 4610 34 35 J U i 644 ( )am E Y 1'• 660 �/ A L L 1 467 642 ... 1 -.�+� ^ \J ( :7 • r" r�///,/ 669YV?/ .-4660 „,,,,, l � / • T 7 l 1 .- / �� ',if I ('UUNTY o a I� L, 1 / ° n °V\� ------� M,INK IPAI AIRPORT. • 4634 ₹ Ike 4628 \. • i\ 1, 1 f � •Bar I OOILVY _- 4 iLI � .• .a • r, tit' °, A as20 V ' 4 .ZI "t'i 14686'° /c-- 0 / / / �i/%� g• �A I� ,I . .• nl a Lary 1N.a \.C 9 o� • 1_ - No ;- _ - .. s. / / 46/3,111\ \ °. fo 649.0 • 4643 � � O~ " �; 1-\ \\" II ii 1° G °Rx s Or gyp 1 . .... ° ✓ ..1:'• R <��(v. 4 1• \ i 4641-P �• o: •I:� 1H° 1 • .. •• f1- 4609 e g. I A_s .. o .. V / X46/6'• °‘ ° lir 1' \1 1` I •I ° •- adc. p 46441 • [ •• .•° •.• I•° \ • ,y ,��46/9� ° 1 • 5O�I I 1 • 1 4649 a k o. RGdN I 64/ " P 1, _ _ --� k :. o 841 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE /do,w CASE NO. EF 715 RECORDING FEE ZONING DISTRICT (6.-1 RECEIPT NO. *1217.22. DATE APPL. CHECKED BY kjytik514 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 designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: OCT 04 1984 TOTAL ACREAGE.22.9.x ,� ( j; Weld Co. Planning Cemotissiaa Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No Is this parcel of land nder consideration the total contiguous land owned by the applicant? Yes / No FEE OWNERS OF PROPERTY: Name: 1-)„, re_l Ag&k kith-3A — _ Address: Po Box 10.3$ CqfOA) Phone:1M--?'it i Name: r)RI n4z Address: PD k /cog ZC,eT,7-eN phone:46 Name: Address: _ Phone: WATER SOURCE: Larger Parcel N',44,1 ! /t?ici Smaller Parcel N'op. >.2 [} TYPE OF SEWER: Larger Parcel Smaller Parcel Jep rft PROPOSED USE: Larger Parcel llecIld '1!4r1 e Smaller Parcel ReSklekL Q' ACREAGE: Larger Parcel Aprlygt2 Smaller ParcelAPF'V I ricre EXISTING DWELLINGS: (Yes or No) Y e �(Yes or No) ',_} 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. COUNTY OF WELD STATE OF COLORADO ) ca./ Signature: Owner or Authorized Agent SuLscrihed and sworn to before me this r}V'—' day of BpN.a,w , 19O* . (SEAL) Notary Public, -- Arty Commission expires Feb. 13; x983 My Commission expires: 841049 September 18, 1984 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Reference: Recorded Exemption for Carlson 4. The purpose for dividing the lot is to use the small house as a single family dwelling. The reason is that this house is not needed because of the main dwelling on the West end of the property. 5. This is an existing dwelling and no major changes will take place. 6. The area is zoned R-1 Estate which would not be in contention with this zoning district. 7. The use will be the same as it has been for the past 30 years which is a single family residence. It is very compatible with the current surrounding uses. 8. The exemption will not adversly affect any future development by the County or the City of Greeley. Again this is an existing dwelling and no major change will take place. 9. As stated before I feel since this is an existing dwelling and therefore will not he inconsistent with efficient and orderly development. 10. There is a septic tank on the property which has been inspected and passed by the County Health Department. The water is supplied by North Weld Water District. 11. The property is located in the Airport overlay district in a 50-1 approach zone. 10,000 feet as designated by ISBILL ASSOCIATES INC. of Denver on July 01, 1984. Ted Carlson TC/kw kw 841049 . . 6V TV® ti ti �� (b c Qua 8r ./3,;* x v It • NO/"3 ' /"E !?!?(a(I CH'S5 —` x L' ' u-\ ‘I r\ joUSe . � . - W 111 ! ��1/44 fb et p W ril * I ( • to I I -4- • ro I I yia I VI 0) eN rb OZ WIm , Q i rile. ti aC " J N „co.,.I lu N • I wilt- V a_ I oI $E ct I :In i ; .. I ,. H lt P1 II 0] I i PA Rcel 5 APX. ( AcgE 0 ACIMrA6E . C 1 I 6 / 7± IL _ _,_ — - - - - _I L - 95 — w /305. 90 mot — - - So!°09'29" East Line! NEUQ /vw Q') Sec-. a-5-6.5- 7�p�� SALsAM Av£ 1O ,In4, I °4o -NN N•i . --------}_._. 7 (_---- - DEPARTMENT OF HEALTH �. PHONE(303)353-0540 ff �'� i,,(1;14ins 1516 HOSPITAL ROAD 1�`. GREELEY,COLORADO 80631 igg1 O Reg uest No: _143=84__ Date Received: ___$-29-84 COLORADO Date Forwarded: 9-12-84 �! Fee Paid: 30.00 Date: -5-84_____ TO WHOM IT MAY CONCERN: Review and inspection report regarding water and the sewage disposal system for an existing dwelling.Send to:__Ted Carlson --- ---- — —J - -- _ ._ -Q3_2t1LStreet__ GraPlPy, CO 80631 ______ -- INFORMATION: Address: 211 North Balsam Amenue.___Greeley, CO -----------------_- Legal : Pt N. _._ _, Sec 4 _, T _5 N, R._.-{�5W, Age of house Lot .3.� , (ilk— , Filing Subdi vi sion_� _.+—.___—_—.--- Property Owner: Ted Carlson — _— _Original Owner: P.R. Ruiand____,__- Tank Pumped on:___9-4-84 _ By: Slims's Sanitation Service DEPART!'1EIr1Al RECORD SEARCH: Permit Found:^•_No_permit_found Tan!: ,:at!acity Unknown ___ gals. Field Si7C ___Un1511PW ._sq• ft. Water Supply.worth Weld Water Dist. INSPECTION COMMENTS: Date of Inspection:._.Sep.i.ember_lL_19.8.4___------- S.)1 nil;li .inn: Dr X Saturated . ... Snow-covered Residence: Occupied _x ___ vacant________ ! i RD:Nt;S: SEWAGE DISPOSAL SYSTEM: Satisfactory ..__X_ Other.___ _ _.._.._..___._____------___ I ACTERIOLOGICAL WATER TEST: Acceptable1.__-_ Other _—_____ -- • -71 "TE: _ r_,..- __--_._-_—_. SIGNATURE: t: I_ _ t,.1. `'" - j'`— Environmental He lth Specialist Neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property in connection with either its examination of the property or in the report. This inspection was conducted solely for the purpose of detecting health hazards observable at the time of inspection, and does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspection requested during periods of snow cover and high soil saturation may he of questionable value to potential buyers due to adverse conditions. Water sample reports reflect the bacteriological quality of the water supply at the time the sample was taken. 841049 BOARD OFG DIRECTORS NORTH WELD COUNTY WATER DISTRICT ERNEST ES ALEX HEIDENREICH ROBERT ALKIRE 4 HIGHWAY 85 LUCERNE,COLORADO 80646 GARY SIMPSON SI lit W.M.McKAY I 4 � 'RI LYLE NELSON,MGR. P.O.BOX 56 - PHONE 356-3020 October 5, 1984 RE: Water Service , John C. Carlson Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : Pt . of Sec. 4-5-65 Meter # 452 Lot A & Lot B 1 . X Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerely , NORTH WELD COUNT WATER DISTRICT 2; le D. Nelson , Manager LDN/wb 841049 The printed portions of this form approved by the Colorado Real Estate Commission(SC 24-2-81) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD RE CONSULTED BEFORE SIGNING. FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) July 16 ,19 84 1. The undersigned agent hereby acknowledges having received from John C. and Charlotte A Carlson the sum of$1m00 00 ,in the form of personal (-heck ,to be held by Austin & Austin Trust Account broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the County of Weld ,Colorado,to wit: A tract of land approx. 20 acres located WzPlE NWq of Section 4, Township 5, Range 65, together with; an irrigation well certified and adjudicated and 2 domestic wells, pumps and equipment to operate said wells; all improvements thereon. hh s f1f Rliss lateral . together with all easements and rights of way appurtena tliin Pd, alf 1m rovemen s ereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted,and hereinafter called the Property. 2. Subject to the provisions of paragraph 19,the undersigned person(s) John C. and Charlotte A. Carl son (as joint tenants/tenants in common), hereinafter called Pur- chaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$ 167.000.00 ,payable as follows:$10,000.00 hereby receipted for; Balance of 157,000.00 to be paid in cash or certified funds on date of closing, plus normal closing costs. SELLER retains 1/2 interest of all oil , gas and all other mineral rights now owned, if any, which may be leased at present time. 4. Price to include the following personal property: Truck and mounted engine and pump which is power for the irrigation well . 2 large propane tanks. to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes, liens and encumbrances,except: n/a and except any personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a permanent nature are excluded from this sale: 5. Price to include the following water rights: 3 wells situated on property and any other water rights or carrying rights of contract or not, if any. 2 shares of Bliss lateral . 6. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before 19.34,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 7. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$ 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 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. 841049 No.SC 24-1-8I.Contract to Buy and Sell Real Estate(Farm Ranch,--Nradford".d+llsL n,r ]Haf W.Gr nLC.,Ioradu 80214-133-6t100-2-81 8. 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. 9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser 10. 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 and expense, shall be furnished to Purchaser on or before July 26 ,198_4_.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. 11. The date of closing shall be the date for delivery of deed as provided in paragraph 12. The hour and place of closing shall be as designated by Austin & Austin 12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14.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 August 16 19 34,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 n/a 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 1984 taxes which purchaser agrees to assume and pay . Federal Land Bank loan if assumed by purchaser (see item 1(3) . except the following restrictive covenants which do not contain a right of reverter: and except the following specific recorded and/or apparent easements: and subject to building and zoning regulations. 13. Except as stated in paragraphs 12 and 14,if title is not merchantable and written notice of defect(s)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 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 14,if title is not rendered merchantable as provided in this paragraph 13,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. 14. 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. 15. 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 shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: Seller and purchaser agree as follows: Purchaser shall assume farm tenant lease now in effect. • 17. Possession of the Property shall be delivered to Purchaser on 45'dayS after""aGCtion date.. subject to farm tenant lease now in effect and month to month rental,. / subject to the following leases or tenancies: agreement on home on East end of property. If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for a daily rental of$ until possession is delivered. 18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller; provided, however, that if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof, and if Purchaser elects to carry out this contract despite such damage,Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops, by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16,and such party shall be entitled to the insurance proceeds,if any. • • 19. 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are 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,(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. (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. 20. 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 court and may recover court costs and reasonable attorneys'fees. 21. Additional provisions: 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before noon. July 2"1 , 11[2[ , this instrument shall become a contract between Seller and Purchaser and shall benefit of t e heirs,successors and assigns of such parties,except as stated in paragraph 8. Arr Broker c seer ate ' �/ / 614Ct �i 9-VBy: Purchaser Date Purchaser's Address (The following section to be completed by Seller and Listing Agent) 23. Seller accepts the above proposal this day of ,19_,and agrees to pay a commission of 5 %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. Seller Seller Seller's Address Listing Broker's Name and Address E. R. Austin dba Austin & Austin, 1203 9th St. , Greeley 353-0790 841049 REFERRAL LIST APPLICANT: John and Cahrlotte Carlson CASE NUMBER: RE-715 SENT REFERRALS OUT: October 5, 1984 REFERRALS TO BE RECEIVED BY October 25, 1984 z z m o m o N o .4 U) �o H 44 U) H 8 0R a F.4 H a H o w o p o '8o z m a 0 z U 41 z , `�r County Attorney (plat only) Weld County Health Department Engineering Department County Extension Agent Office of Emergency Management Greeley Planning Department 1 919 7th Street XXI Greeley, Colorado 80631 7 State Engineer Division of Water Resources 1313 Sherman St. , Roam 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 $ i6 �31 , ids n ,:g GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123 t `< `J: October 24 , 1984 4 , Mr . Michael Mullen , Current Planner Weld County Dept . of Planning Services 915 10th Street Greeley , CO 80631 Mike : The City of Greeley Planning Commission reviewed the request by John and Charlotte Carlson for a recorded exemption south of "C" Street on the west side of Balsam Avenue at its October 23 , 1934 , meeting . The Commission recommended no objection to the recorded exemption with the reservation of an additional 10 feet of right-of-way for Balsam Avenue and 20 feet of right-of-way for "C" Street . The recommendation for no objection was supported by three major factors : 1 . The parcel is relatively isolated because of the way the property drops off to the west and south ; 2 . The recorded exemption will not provide for any additional primary construction on the property since residences exist on each parcel ; and 3 . The larger parcel continues to maintain the 20 acre minimum lot size suggested in the Greeley Comprehensive Plan . It should be further noted that this area is designated for industrial use in the Greeley Comprehensive Plan and that future requests that would permit additional residential development will not be supported by the City . The City suggests the property owners pursue future development of the property in a light industrial format . Thank you for the opportunity to review this request . If you have any questions with regard to this matter , please do not hesitate to contact this office . Sincerely , iNitUC" '( c 6 Rebecca L. Safarik Community Developmert Director ri ?COT 29 1984 Weld Co. Planning Commission 841049 RECORDED EXEMPTION N° N4G..... Se. 49 s-ss f✓aimed.. -57 89eSS'ZS" f nil di' A wel,6.t • a LI N n 0 , ' 8 .q. 1-°i s 21 P` si ' A4 • 0% %. 0 Sc4 e b 0 h 0 h 999 //kerne\ 5 I. h1 4!SS'Ito'z t 1 µ1,1 /.9-Z.C.Se5' �✓ r ro„ � ., "" 11AIA Ril � f/A h3B - $,� �\ sari®',t �i P.s<, w,•rat syi/-.. P.4 xi.1 I\ cyo sl....)o.o/Cr..aose ed., si 8g;' '� N ,C 101 o ii J BO R A IS ti o _±. Z. o \ J 0 ! No Sc.1xe 1 ' ~ •• !- 8499 466< ter r I� i OWNERS: A John C. a Charlotte A. • e a •• x N E�� T Carlson I''.. _ ) \ P.O. Box 1085 ,, i N`; ;- Eaton , Colorado 806/5 841049 / S Jones-El/hanger & Associates Sewage- ,F-t_ , ; Professional Surveyors . 'sP°"1- CAC tt I 'mot 1117 9th Avenue Vicinity Map Scale:In=2000 Gurley. Colorado 80631 303-352-4700 PROJECT NUMBER: 1984- 131 DATE: AUGUST 1984 • RECORDED EXEMPTION N° LEGAL DESCRIPTION , A parcel of land located within the East Half-'(Ek) of Lot 2 of the Northwest Quarter (NWT) of Section 4, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows (also previously described being part of the Northeast Quarter of the Northwest Quarter (NE' NWT ): Beginning at the North Quarter Corner (Nk Cor) of said Section 4, and assuming the east line of the NWT as bearing South 00O00'00" East with all other bearings contained herein relative thereto; Thence South 00°00'00" East' along said east line, 803.76 feet; Thence North 85O40'22" West, ': 1326.86 feet to a point on the west line of the E% of said Lot 2 (also previously described as the west line of the NEB NW-'y); Thence North 00°08'46" West, along said west line, 705.41 feet to the Northwest Corner (NW Cor) of the Ea of said Lct 2 (also previously described as the NW Cor of the NEk NW') Thence South 89°55'25" East along the north line of Lot 2, 1324.88 feet to the Point of Beginning. Said described parcel of land contains 22.934 acres, more or less, and is subject to any rights-of-way 'or other ;easements as granted or reserved by instruments of record or as now existing On-Staid described parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that under ,my personal supervision Lot 'A' of this Recorded Exemption was accurately surveyed, that iron bars were found or set as indicated hereon, and that the foregoi" - """ accurate representation, to the best of my knowledge and belief , •' '•••61gp4 %%a f 8.. •0 • i� Jam• i Charles B. Jones i 'i ca '22098 cn Colorado Registered Prof-, al: - J e 'Land Surveyor #22098 -' �` 01 ..............a 1`' 4AA[ Ui$_--- OWNERS APPROVAL We, the undersigned, being the sole owners in fee of the above described property do hereby subdivide the sante as shown on the attached plat. The foregoing certification was acknowledged before me this AC day of llC'f'rns.hpA_ , 1984. y My Commission Expires: 1)t4 c-e- /t, /9c26., My Address: 9/S /p/C( i. 6`d03/ i Notary Public: ('^4'°' S1:�'-z'-c`�-c=` ' Witness my Hand-291-2l The accompanying plat is accepted and approved for filing. ups eke CHARIMAN OF THE BOARD OF COIN= COMMISSIONERS ATTEST: County Clerk 'P y ,4 `14,:, '1 , :!---4'3" By Date of :,; PROJECT NUMBER : 1984 -131 DATE : AUGUST 1984 841049 I RECORDED EXEMPTION N° LEGAL DESCRIPTION Lot 'A' of Recorded Exemption Na, A parcel of land located within the East Nalf(E'd) of Lot 2 of the Northwest Quarter(NW3/4) of Section 4, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado and being more particluarly described as follows (also previously described at ;being part of the Northeast Quarter of the Northwest Quarter(NE3/4 NW's): Beginning at the North Quarter Corner (Nk Cor) of said Section 4, and assuming the east line of the NW'/ as bearing South 00°00'00" East with all other bearings contained herein relative thereto; Thence South 00°00'00" East along said east line, 706.58 feet to the True Point of Beginning; Thence North 71°21'38" West., ';,'332.25 feet; Thence South 00°00'00" East, '' 1179.55 feet; Thence South 85°40'22" East, `.'.315.72 feet to a point on the east line of said NWT; Thence North 00°00'00" West along said east line, 97.18 feet to the True Point of Beginning. Said described parcel of land contains 1.000 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on 'said described parcel of land. SURVEYOR'S CERTIFICATE • I hereby certify that the aboya; ription was prepared under my personal supervision, and that it 15,4 8 to the best of my knowledge and °'•• '• belief. ••,• 8 "° O . OyS eders v ,9 ;:ifs 22098 I ? Charles B. Jones . P•P o Colorado Registered Profess aS a 4V Land Surveyor #22098 ,.` .•••o••••••••VQ Ad Woos 841049 PROJECT NUMBER: 1984 - 131 DATE : AUGUST 1984 Hello