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Home My WebLink About810739.tiff 3 ooK y� 2..r. pp 1981 Recorded at ...._ ,... o'clock ...� CCpp.MF4.4: .4qq R. 928 Rec. No. 1850003 aY -1Euv.kit 3-/ State of Colorado, Weld County Clerk G Recorder RESOLUTION e s RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 128 - WARREN CAPEHART AND CLIFFORD CUPP WHEREAS, the Board of County Commissioners of Weld County, C, 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 of Weld County, ri Colorado has reviewed the request of Warren Capehart and Clifford Cupp for an exemption from the definitions of "subdivision" and "subdivided land" in Section 30-28-101 (10) , CRS 1973, as amended, ` ', and Section 2-1 of the Weld County Subdivision Regulations, and 1_' WHEREAS, the Board of County Commissioners finds that Warren Capehart and Clifford Cupp are the owners of certain parcels of land located in the South Half of the Northeast Quarter of Sec- tion 29, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado. Warren Capehart and Clifford Cupp each own 40- acre parcels. Mr. Capehart wishes to purchase 35 acres from Mr. Cupp which leaves a 5-acre parcel. The 35-acre parcel and the 40-acre parcel will be tied together as one parcel (75 acres) . The resulting parcels of land will be 5 acres and 75 acres in size and are more particularly described as follows: PARCEL A (75 acres) That portion of the South Half of the North- east Quarter of Section 29, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the Northeast Quarter of said Section as bearing South 0°10 ' 45" East, with all bearings contained herein relative thereto. Beginning at the North Quarter corner of said Section; thence along the North-South centerline of said Section, South 0°10 ' 45" East 1315. 48 feet to the TRUE POINT OF BEGINNING; thence continuing South 0°10 ' 45" East 1315. 48 feet to the center of said Section; thence along the East-West center- line of said Section, North 89°38 ' 40" East 2647 . 06 feet to the East Quarter corner of said Section; thence along the East line of said Northeast Quarter North 983. 45 feet; 810739 • ecoc928 1850003 3-2 thence South 89°41 ' 19" West 660. 01 feet; Thence North 330. 00 feet to the North line of the South Half of said Northeast Quarter; thence along said North line South 89°41 ' 19" West 1991. 09 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel is subject to a 30. 00 foot wide reservation for County Road along the Easterly side thereof. The above described parcel contains a gross acreage of 74. 94 acres more or less. PARCEL B (5 acres) That portion of the South Half of the North- east Quarter of Section 29, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the Northeast Quarter of said Section as bearing South 0°10 ' 45" East with all bearings contained herein relative thereto. Beginning at the North Quarter corner of said Section; thence along the North-South center- line of said Section South 0°10 ' 45" East 2630. 96 feet to the center of said Section; thence along the East-West centerline of said Section North 89°38 ' 40" East 2647 . 06 feet to the East Quarter corner of said Section; thence along the East line of said Northeast Quarter North 983. 45 feet to the TRUE POINT OF BEGINNING; thence South 89°41 ' 19" West 660. 01 feet; thence North 330. 00 feet to the North line of the South Half of said North- east Quarter; thence along said North line North 89°41 ' 19" East 660. 01 feet to the North- east corner of said South Half; thence along the East line of said Northeast Quarter South 330. 00 feet to the TRUE POINT OF BEGINNING. The above described parcel is subject to a 30. 00 foot wide reservation for County Road along the Easterly side thereof. The above described parcel contains a gross acreage of 5. 00 acres more or less. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the above described parcels be, and hereby are, declared to be exempt from the defini- tions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and BE IT FURTHER RESOLVED by the Board that the resulting par- cels of land as described above be, and hereby are, considered to be single lots. eoo 9281es0003 3-3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D. , 1981. 7y ,4.4 `k BOARD OF COUNTY COMMISSIONERS ATTEST: / WE IR COUNTY, COLORADO f Weld County Clerk and Recorder (Aye) and- rk to the Board' uck Carl on, Chairman By: _ / (Aye) Deputy County erk Norman Carlson, Pro-Tem P D AS TO F l c c � (Aye) y CA3 / _, C. W. Kirby / ounty ttorney (ABSENT) , Jo T. Martin f <, .Y✓/1zi ye) e K. St ' mark DATE PRESENTED: FEBRUARY 18, 1981 iSUBDIVISION EXEMPTION • FLOW SHEET County Commissioners Meeting Date: FgAny .q„c-5 Vt, Ick$t Applicant: kAle r(441 Co iaeh& C�cx4 4coaA Cm.pp Case #: SE 12& Legal Description: Si;N .Nq Se.c4co, '19, 1.64\3, 9.644\n/ Location: yyNat, ,,hts4" ec G;11 IDat t I By .1 • Application Received 21- VI YS Application Complete -� 67%1 UT Letter to Applicant Drafted 1-1.1. ' • uT SE# Assigned 11.t-Sr, '4T • Air Photo Map Prepared ' AL6- SI " Chaindexed • Applicant Notified -?!.- Legal Approved by County Attorney • 2 • 111 -%I T :Field Check by D.P.S. Staff Recommendation Drafted 'c%1 • 1!t D.P.S. Recommendation Typed ' I1 rq Packets Xeroxed • History Card - Completed • • .. lute, Al • • ;Zr FD: Bo.,.rd of County CJnnissioners Dale February 11, 1981 Su division Exemption 128 Applicant Warren Capehart and Clifford Cupp L 2 al Description of Property: sz NE1. Section 29, T6N, R64W of the 6th p.m. , [Veld County, Colorado. Location of Property: 1 mile west of Gill The owners of the property described above have requested an exemption from Section 2-1 of the Weld County Subdivision Regulations adopted August 30, 1972. The F parLment of Planning Services staff has reviewed this request and recommends that the request be Approved for the followings reasons: DOFS DOFFS NOT XX Fall in flood plain or a geologic hazard area Agree with the Weld County Comprehensive Plan XX Create new parcels elgible for building permits XX Agree with surrounding land uses XX CEMENTS: Presently both parties own 40 acre parcels with improvements. Capeharts wish to purchase 35 acres from Cupp leaving a 5 acre parcel with improvements. The 35 acre parcel and the 40 acre parcel owned by Capeharts would then be tied together as one parcel. The resulting two parcels are 5 acres and 75 acres in size. No new parcels eligible for building permits are being created. • Assistant Zoning Administrator VT:rg 801-80-310 • • APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext . 404 Department of, Planning Services, 915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. St (t APPL. FEE 4,3D, c0 c 0 ZONING DISTRICT A RECEIPT NO. //59 DATE i -..Q /-8i APPL. CHECKED BY UT: TOBE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described pro- perty be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations.py the Weld County Board of County Co issioners. LEGAL DESCRIPTION: ra f_ Y9 t„{ ' Y/ Section ,QcJ' T t N, R c/ W f c r lv y t y) 41 , ,. . 3 ( I (1 iv, rc 4 1:.: Has this property been divided from or had divided from it any other property since August 30, 1972? Yes ' aty5 No FEE OWNERS OF PROPERTY: ill 4l1Pk .+ Ii s AA) Qwi.a• t, ati'c ACLAA-- Address: plitIctsU' r, d 4a ,$ - Cliittj, `-.1:63lPhone — � 3 y Name: 111n4-kns : ; - Is e (,' u, �, Address: 2i '7,- I l,')C.CZ Lt..? - ( �,ci ci5,P one alte h 3 — .�. :� Name: Address: Phone I hereby depose and state under the penalties of perjury that all state- ments, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. () (Aff e COUNTY OF WELD ) STATE OF COLORADO) Oa...IAA, z2 6-�° Sig atur : �hvner or Authorized Agent Subscribed and sworn to before me this / "day of , -X, 1J 19 b'/ . SEAL 1 matt,...— �_, "-e -L-- No wary Public Ct'!''y rc 7i _ 'iv=1 l ° My Commission expires : It rFan..,; get mU bee (Pend e Heal Eslute Sales .-...,A.-, TRIANGLE REALTY. INC. Business 352-8606 1213 11th Avenue Home 352-1743 Greeley, Colorado 80631 4 9/ IA, c. 12,1 a $3 I y 8er 3 .2 gib -- Z ? I w ( 4 r l- (6 ti 4 A.. g,-- "S J v µi VD I a f i Shy I �a U ;( i / y I t 2 � T , r t . trj 4 et,' l 7 (3- a. 1 -' C� - • I � ..yam 1 � r V .v(v, A 3 J V) S +-Y REAL ESTATE PROPERTY MANAGEMENT INSURANCE T IANGE LOANS REALTY I L. REALTOR PHONE(303)352-8606 1213 11TH AVENUE GREELEY,COLORADO 80631 January 13, 1981 Weld County Planning Commission County Complex Building Greeley, Colorado 80631 LETTER OF INTENT Dear Sirs: My intentions are to purchase the adjoining thirty five(35) acres from Mr. Cupp. This property is now used as pasture grass. I in- tend to use the property in the same way, in my business of raising registered cattle. Mr. and Mrs. Cupp are retiring and are not in good health and cannot maintain the property as they would like to. But they would like to remain on the five acres where they have lived for thirty one years. Legal description of this property: SE-4- at the NEi of Section 29 Township 6 North, Range 64 Jest, excluding improvements and five (5) acre: . Ur. Capehart is aware that the county will not permit improvements to be built on the thirty five acres he is purchasing. w Na.„,... If a ` _i �P \ �` a I \HI , , 1 \ \\ 1 / 4 � .. i 71 , / ` • (� ro _ Y- . / II , \� ( ; .: . : HIT T .,2 11 I t {t,` - - — /II II 111 , �•,`"O.Zl4 _ - .O . °\ .�• -•-.- 1 47E�5 ;', / / ._l _ 'l ,. .4- • - _I _ / . _ . _ r ), 4,, , \- . , i , ( 4. L------ 1 J ,.; ,•if4 •• . 4-1 l I• Jr `��— I - • i1t : : a1� F 'f ^••� �'�/it s ,f • se r _ it o AlE1 " \ sll . d . I = i 20 I 22 If f j A , / I •�'/ ) k/:'11 V. f t` IP 6 / S': 1 q . _ ._ —�• y - • , - - -_�r1r't{•.•=0••s. �s, -, i f• r.4 it \ \ A.,..:„, ,t.i., • .... \ . i i s� , ` c......�,.�..-1 lLO° liC j i SE 1 ,j ridt, � • •� , c - ± A. •41 den '•• iETff . I j la i SA . -Oa I-. \ "a r _ ` _'' `' ', �'` 400 le • i • �'C f. - `ll. 414*.r.c-.r.., !2• I1.♦ % •tiff re ' jr 7.•r f. _ - ,1 'w•.. - • t - - ;ce-_mow�1 ��• \,, Pi Ii. . ,� F 44. `fir a .\ �, ti� r7j i1 g..ik ti MIT / / - we A •"><=:_- ...--..-1.—. ....-4•4.40474:,...._ _-at-.--�'r•—_._s N a_ to — IlR. rofillii,,._k/ l— 7r- _ ,. • "�.4657468 '�r �- '�ti I ` • • f 1• / i fti �, rT Do 6‘ 1 , I I il • 34*w! ��r_• 46 • �� i P Y t ti er gip• R ti may ' ,,�. ;. M� .asso o . -,� '- • In. ron � 1 / r. I f r I AA 30 << lel • ' i`i+ - ' . 643 4:2.�i • -- ---- ` k,t,ifrairs— --' i ires til i ii • 4 01 M .` i� ifi , ++ill! • • r- .� III e -P a'°,?' e I , [:.r. III "4"111 .. • 0 e• i J�QyM� z FIELD CHECK FILING NUMBER: SE-128 DATE OF INSPECTION: January 28. 1981 NAME: Capehart and Cupp REQUEST: Subdivision Exemption I.F.GAL DESCRIPTION: SEA NE14 and SW1 NE1, Section 29, T6N, R64W LAND USE: N Agriculture E Agriculture S Agriculture w Agriculture _ ZONING: N Agriculture LOCATION: 1 mile west of Gill E Agriculture S Agriculture w Agriculture COMMENTS: The improvements parcel for the Cupp property contains a residence, sheds and corrals. The remaining 35 acres of the Cupp property is in pasture. It was difficult to tell whether or not the pasture was irrigated. The lane to the Capehart's property runs along the railroad track back to the improvements at the far southwestern corner of the property. That parcel also appeared to be pasture. BY: k r1.s (<7\41-r VT:rg 1-29-81 . REFERRAL LIST • m Z APPLICANT Warren Capehart and Clifford Cupp O ti CASE # SE-128 'REFERRALS SENT OUT ON: January 26, 1981 UD v REFERRALS TO BE RECEIVED BY: February 6, 1981 H 4.1 H F 7.. y H a [I? H (7 • • COF REFERRALS RECEIVED - - County Attorney (survey only) MicataKZURiaii . • • • • • • • • • I - - L_PARTMENT OF PLANNING SERVICEc ;,•�32a2526 PHONE (303)3554000 EXT. 40 n'+ �j��,,.7 915 10TH STREET 4 _ `. _ C �� GREELEY,COLORADO 80631 iii . i . i_ , # %'' - & 0.44. :::/sic January January 26, 1981 i poi id lV! o•e wt. CASE NUMBER SE-128 C OL ADO �`n,%lll RRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Capehart and Cupp for a Subdivision Exemption The parcel of land is described as the S1/2 NE%, Section 29, T6N, R64W of the 6th P.M. , Weld County, Colorado . The location of the parcel of land for which this application has been submitted is 1 mile west of Gill • 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 6, 1981 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 Assistant Zoning Administrator VT:rg • • DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT..401 915 10TH STREET GREECE Y,COLORADO 80631 January 26, 1981 CASE NUMBER SE-128 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Capehart and Cupp for a Subdivision Exemption The parcel of land is described as the Sk NE1, Section 29, T6N, R64W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is 1 mile west of Gill • 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 6, 1981 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 Assistant Zoning dministrator VT:rg r.( • • • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 14,,E January 28, 1981 :414 1,4 r , .r ,,`..- ,�. COLORADO Mr. and Mrs. Warren Capehart 31499 Weld County Road 53 Greeley, Colorado 80631 Re: Request. for a subdivision exemption on a parcel of land described as the Sz NE4, Section 29, T6N; R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Capehart: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meet- ing with the&,Board of County Commissioners for Wednesday February 11 , 1981 at approximately 9:30 a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to make a presentation regarding the request and 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 Com- missioners. It is the responsibility of the applicant to contact the Department of Planning Services 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 our office. Respectfully, Vickie Traxler Assistant Zoning Administrator VT:rg cc: Mr. and Mrs. Clifford Cupp, 31721 WCR 53, Greeley, Colorado 80631 ,,( Ms. Geraldine Cooper, Triangle Realty, 1213 11th Ave. , Greeley, Colo. 80631 4 P2 :%027.44$7 • RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEI) `- 'NOT FOR INTERNATIONAL MAIL', (See Reverse) .. SENT TO -. WarrendCapehart - :STREET AND NO. 91499 WCR 53 ' -= P.O.,STATE AND ZIP CODE '- _ Greeley, Color. 80631 P OSTAGE - $ _ CERTIFIED FEE pSPECIAL DELIVERY RESTRICTED DELIVERY - _ ¢ SHOWTOWHOMAND DATE DELIVERED a ed. — w 5 SHOW TO WHOM,DATE, 5 aND ADDRESS OF: e z P.L._ DELIVERY W SHOWSO WHOM AND DATE y o, z DELIVERED WITH RESTRICTED ¢ 5 DELIVERY ' SHOW TO WHOM.DATE AND --' —'^-- ADDRESS OF DELIVERY WITH - ¢ • RESTRICTED DELIVERY SEP7OER:, Com tt 71 Deo Items 1,2,and 3. TOTAL POSTAOEAND FEES' $ - " - Add you address in the"F,rTL:RN TO"space on reVcrm. POSTMARK OR DATE - w 1:The followingservice is requested(check'one.) • gX1 (Show to whom and date delivered. _¢ O Show to whom,date and address of delivery..._ E - - O RESTRICTED DELIVERY Show to whom and date delivered - _s be CIRESTRICTED DELIVERY, I ----- ---- • Show to whom,date,and address of delivery.$_ (CONSULT POSTMASTER PORFEES) 2, ARTICLE ADDRESSED TO: t 1 Warren Capehart • 31499 Weld County Road 53 x Greeley, Colorado 80631 •p, 3, ARTICLE DESCRIPTION: I m REGISTERED NO, .-CERTIFIED NO. INSURED NO. : 4 a c o • (Always obtain signature of addressee or agent) n I have received the article described above. • S SIGNATURE OfIddsess GA thoared I ° Jlo, C 3,4. G/A BEL DATE OF DELIVERY V 74 .. • FEB — 2 1881 �� O. ADDRESS+IComp:eta Only If toque I s7� , / n R. UNABLE TO.DELIVER BECAUSE: - CLERK'S -, D INITIALS D J.. I yIGPO:1978-300459 : • • • I ne prince°portions al this torn approved by the Colorado Real Estate Commission(SC 25-12-77) SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH) Greeley, Colorado_ January 9 ly 81 RECEIVED FROM Warren Capehart and Gearlene Capehart Purchaser(asjoint tenants),the sum of $1p000.00 in the form of Personal check to be held by Greeley Triangl al ty_,Inc.,Jatnes Aeydl er broker,in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of WPld Colorado,to wit: The SE4 of the NE - of Section 29 T 6 N Range 64 Wr Excluding the improvements on the five acres(rectEtngle naming East and West) . • with all easements and rights of way appurtenant thereto,all improvements thereon and all fixtures of a permanent nature currently on the premises,except as hereinafter provided,in their present condition,ordinary wear and tear excepted,known as Cupp 35 Acres at 31721 W.C.R. #53, Greeley, Colorado which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of s_64000.00 ,payable as follows:$_1,.000"._00 hereby receipted for, $ -9,000.00 to he paid in cash the day of closing, Plus customary closing costs. Buyers to pay all expenses incurred for survey and boundary changes. • Cost of any appraisal for loan purposes to be obtained after this date shall be paid 1. If a riote and trust deed or mortgageni?;7o5br assumed, the purchaser agrees'to apply for a loan assumption if required and purchaser agrees to pay(1)a loan transfer fee not to exceed$__—N/_A__ and(2)an interest rate not to exceed NA % per annum. If the lender's consent to a loan assumption is required, this contract is expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as above stated. If a secured or unsecured loan is to be carried by the seller,seller shall not be obligated tb'earry said loan for any person or entity in lieu of the purchaser named herein. 2. Price to include the following personal property: None • to be conveyed by bill o'Fsale at time of closing in their present condition,free and clear of all personal property taxes, liens and encumbrances,except: N/A 're •ii. and except any personal property liens in any encumbrance specified in paragraph 5. L C , The following fixtures of a permanent nature are excludedtro'm this sale: None 1. 3. Price to include the following water rights: None 4. An abstract of title to said 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 the purchaser on or before March_ ]0 ,19_81.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. 5. Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 12. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient _General_._—_warranty decd to said purchaser on March 15_____I981 or,by mutual agreement,at an earlier date,conveying said property free and clear of all taxes,except the general taxes for 19.81 payable January 1,19 82 and except None free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens and encumbrances except: None No.SC 25-12.77.Specific Performance Contract(Farn,and Itanchl and except the following easements: Those of record and subject to building and zoning regulations and the following restrictive covenants: Those of record 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. 6. General taxes for the year of closing shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment.Prepaid rents,water rents,sewer rents,and interest on encumbrances,if any, and Sellers to •.y 1980 taxes shall be apportioned to date of delivery of deed. 7. With respect to the growing crops the seller and purchaser agree as follows: N/A 8.The hour and place of closing shall be as designated by Greeley Triangle Realty, Inc. _ 9. Possession of premises shall be delivered to purchaser on Da tP of Cl OR lag subject to the following leases or tenancies: • • 10.The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall be on the seller,provided,however,that if the seller shall maintain insurance on said improvements which will compen- sate for the full replacement value thereof,the seller may at his option assign the proceeds of said insurance to purchaser,in which case the purchaser shall complete the transaction as herein provided.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 7 and such party shall be entitled to the insurance proceeds. 11.Time is of the essence hereof,and if any payment or any other condition hereof is`not made,tendered or performed by either the seller or purchaser as herein provided,then this contract,at the option of the party who is not in default,may be terminated by such party,in which case the non-defaulting party may recover such damages as may be proper.In the event of such default by the seller,and the purchaser elects to treat the contract as terminated, then all'payments made hereon shall be returned to the purchaser.In the event of such default by the purchaser,and the seller elects to treat the contract as terminated,then all payments made hereunder shall be forfeited and retained on behalf of the seller.In the event,however,the non-defaulting party elects to treat this contract as being in full force and effect,the non-defaulting party shall have the right to an action for specific performance and damages. 12. Except as stated in paragraph 6,if title is not merchantable and written notice of defect(s)is given by the purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice,then this contract,at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract,if any,to seller;provided however,that in lieu of correcting such defect(s),seller may,within said 30 days,obtain a commitment for owner's title insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defect(s), `. and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The seller shall pay the full premium for such owner's title insurance policy,and the abstract,if any,shall be returned by the purchaser. 13. Additional provisions: Buyer to get all oil and mineral rights. This contract is contingent upon_ the Weld County Planning Commissions' approval of a boundary change request. SEE ADDENDUM A(attached)MAP 14. If this proposal is accepted by the seller in writing on or before 19--,this instrument shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of such parties. Agent_Greeley Triangle Realty, Inc. Purchaser Pare By: Purchaser Date Herbert J. Powell and Geraldine L. Cooper Seller accepts the above proposal this day of 19 andagrees to pay a commission of—%of the gross sales price for services in this transaction,and agrees that,in the event of forfeiture of payments made by purchaser,such payments shall be divided between the seller's broker and the seller, one-half thereof to said broker,but not to exceed the commission,and the balance to the seller. Seller Seller Purchaser's Address Seller'sAddress 31721 W.C.R. /{53, Greeley, Colorado • • • •,. •. • • , �;, , • 4. _:1 • Weld County,.Colorado t; ROOK - Reception No 1823813 //flul/ Y7-w-g • Recorder. - !'Y (V • 8 - IU ,1�y L �� Recorded at /� o'elock�M., '!vV`L 1. 190) __ co - r Ir--- __ ___ ___ — _ RECORDER'S BTAM� I'NIS DEED, Made this •let day of 1437q1 . ' I 19, BC,between . •` • £l ett I PAUL A. SOREiHffi1 and ]k3,LA MAT SORSNSffiN Stile Documenttuy Fes •c I I ' a • Date. AIRY 1 I, of the County of WELD , and State of S d• OD ' 'i e • I Colorado,of the first part,and - • o WARREN NILE CAPERART and CURLEWS CAPESART • I .. • ,I T.P.S. Enterprises, Inc. 'i e 1 �i `%whose legal address is 2148 Ellis Road North o , Jacksonville, Florida 32205 , -1 -0 M ' co ,,• of County of Duval and State of Fier ldeofthe second part: WITNESSETH,that the said part 100 of the first part,fur and in consideration of the sum of other good q o and valuable consideration and TEN AND NO/100ths o - I o . to the said part See of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby J ' II confessed and acknowledged,ha Ve granted.bargained,sold and conveyed,and by these presents do „ICI rant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in ,' T. •i , • . • tenancy in common but in joint tenancy.all the following described lot or.parcel of land,situate,lying and being in 'I �� c � the County of Weld and State of Colorado,to wit: ' ;I I ' ' The Southwest Quarter of the Northeast Quarter (SW}NE}) of Section Twenty—nitae I, ,. I (29), Township Six (6) North, Range Sirty—four (64) West of the 6th P.N., iI , F I County of Weld, State of Colorado, EXCEPTING therefrom right of way.conveyed• T I. to Union Pacific Railroad Company by Deed recorded in Book 300 at page 186, ,I • D F Weld County Records. I; . S'$ 1' alaoknownustreetindnumber 31499 Weld County Road'#53 — Greeley, Colorado 80631 II TOGETHER with all and singular the hereditaments and appurtenances theretinto belonging.or in anywise II appertaining,the reversion and reversions,remainder and remamdern,rents,issues and profits'hereof;and all the r estate,right,title,interest,claim and demand whatsoever of the said parties of the first part,either in law nr i equity,of,in and to the above bargained premises,with the hereditaments ann appurtenances. ,1_ TO HAVE AND TO HOLD the said premises above osrgained and described,with the apptlrto conces,unto the ;' D,fi ac said parties of the second part,their heirs and assigns forever.And the said parties of th,.first part,for them , ♦ , sel vas,their heirs,executors,and administrators do covenant,grant,bargain and agree to and is ith the said parties of the second part,their heirs and assigns.that at the time of the ensealing and delivery of these 'I ga— presents they shill seized of the premises above conveyed,as of good,sure•perfect,absolute and indefeasible I estate of inheritance,in law,in fee simple,and hlwe good right,full power and lawful authority to grant,bargain, II sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former sad ' i other grants.bargainr,sales,liens,taxes,assessment and encumbrances of whatever kind or nature soever, • hexcept for the 1980 taxes which are due and payable January, 1981; subject to " - - I, all easements, restrictions and reservations of record, if any. . li and the above bargained premises in the quiet and peaceable possession of the said parties of the senmd part,.their heirs and assigns,against al:and every person or persons lawfully claiming or to claim the whole or any purl thereof, s the said parties of the first part shsliand will WARRANT AND FOREVER DEFEND • a . • • IN WITNESS WHEREOF the said patties of the first part Ilan hereunto set theiltland s and!1 r . Isaab the day and year first above written. �, I 4 ` • Signed,Sealed and Delivered in the Presence of _ISEALI I P5uT A:Soreness ,,, -----— — - -_ __ la Slay Sorensen ., 1 - --_- —ISE-ALI j, •••'STATE,OF COLORADO • t"' ..f, 1,,. l , I Co MR.f',_WELD --J - it " UC7^nn''-- `_ ro „ _ the a in'klnsh'. nwnt was acknowledged be fore me this let da: of May at :mil bp ' 'PAUL A. SORE'aNSEM and MLA MAY SOREIiSEN \• v.$;'OQmmieltade.dvires Sept. 15 .1983 Witnasd my hand and official se DI. a • it / Nstar)Pabi.c ..„ N..en.wasaAYTY DEED relent Tenets. —C1970 Bradford PubWMnr Co_ISO Stout 3t reel.Denver rearedotb:}>JII,_;,gy • , 's 4g ti `y 1 • t. AUG 13 Ma 3 Readaa-.------ - ».x'1864 rau457 • aegtfp. Na 1..1.Ei`"i:� _SF'ONL}L� Reader. • tide !eta, Made this ' 12th day of August Mew rat of eau lad one thousand nine hundred sad fifty-thrus between LOUIS J. PRANTNER and BURTIS A. BRANTNER at the Canty of Weld and State of Colorado, of the Bore tart.Gad CLIFFORD P. CUP? and MARY A. CUPP of Coe County of Weld and State of Colorado,of the ecoed part: . WITNEUETH:That the said parties of the first part.for and in consideration of the sum of other valuable considerations and Ten DOLLARS. to the said parties of the lint part in hand paid by the said parties of the second part, the receipt whereof Is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second pan, to pass not in tenancy in common ' but In joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever,all the fol- lowing described lot 'or parcel of land, situate. lying and being In the Comity of 'geld • and State of Colorado. to-wit: Fe ✓ The Southeast Quarter of the Northeast Quarter (SE,NE ) of Section . . _- _ Twenty-nine (29), Township Six (6) North, Ranee Sixty-four (a) Da,"e mgy Y F Y- era ate,,,, pot-,'u T•A? West of the Sixth (6th) 'P. M., together with four (h) shares of e.' --Ns'." -'i _-t:.-- the capital stock of The North Side Lateral Company, together with *T�•,' / , all rights however evidenced in rights-of-way, lateral ditches, ( iih, or easements in anywise connected therewith or to carry water to ,s t,3 / s ){ or upon said property; together with the benefits and subject to "'•�a'..r {e ,... , the obligations existing reason of the allotment of twenty five t`ns'" ^+ ere nE by Ye n*o In„r, ,yrsnasn• - (25) acre-feet of water to the above-described lands by Northern u,., nsrnan anPr o `_p Mfi. .n- L,t^,.,M..^., Colorado Water Conservancy ii 6trict, recorded in Book lOhh, page 1, ._ Weld County recordsi TOOETHYR with all and singular the hereditanu tits 4sail al'I'w tenantr. tiwreunto bringing. or in any wise appertaining, and the reversion and reversions, remainder and remainders. gents. issues and profits thereof: and all the estate, right, title, interest, claim and demand whalsoe,er of the rid pan ies of the first part. either in .., law or equity. of, in and to the above bargained premises.with tie hereditament'and app.trtenances. TO HAVE AND TO HOLD the said premise;above bargained anti.dncribcd. with appurtenances. into tile said parties of the second part, the survivor of them, their assignfrs,ae ,'the heirs and as.igns of such sun for- ever. And the said partite of the first part, for them set Ves;i''fPtil& executors. and administrators, do A A ✓ovenant, grant, bargain and agree to and with the said parties of the second part. the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the•-resealing and delivering of these presents. , - they ire well seised of the premises above conveyed,as of good, sure, perfect,absolute and indefeasible estate of inheritance. in.law, in fee simple, and ha ye flood right, full power and lawful authority to grant. bargain. sell and convey, the same in manner and form aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales. liens, taxes, assessments and incumbrances of whatever kind or nature aoever: subject to United States patent reservations, reservations in Union Facific Railroad Cerpany deed, and contracts with respect to seepage waters, all as of record; also subject to lien existing by reason of inclusion of said property with Northern. Colorado Water Conservancy District, and subject to taxes for the year 19140 and subsequent years and water assessments on said water stock for the year 1909 and subsequent years, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part. the survivor of them. their assigns and the heirs and assigns of such survivor.against all and every person or persona • lawfully claiming or to claim the whole or any part thereof. the said part ies of the first part shall and will . A WARRANT AND FOREVER DEFEND. i IN WITNESS WHEREOF.the said part lea'it the tort part ha we b.rcunto set their hands and - seal a the day end year first above written. ^/ ,toned. sealed and Delivered in the i'resence of I �/Y /7;;;,...22..., J� �h�/ l5EAL1 , f/ ) / `/ J. Prantner a -__-,- W�62 Z g/' Le' 4f$EAL) PurtLs A. ran r . 1 e . e5CAL) STATE OF COLORADO. ,;,,,,w , _ .n.. m.. 7]t,4 'lay of . g �tf u Tbr long^mg ,,,,,,,ant rat sea. . ..oleo. n•,•, , -�f' August . ly 53. by LOUIS J. BRANT\78 and . 'Z'• ' - �•..„...�': B�RT:s A. PRANTNER. ": ^ I. ti :o - Whom My Had and Official Sue t LS` ' i.f m fie My Commission — on Eapira /..err ' .. iL. ,1S7 •"...et e -.0�s/ i". d Watery Floor. WARRANTY btED—Tor Jdat Tenants--N"Vey Printery. Greeley. Colorado. • 4•11h c • ?, h E\ " Kota r �� O HHy •-•.. tzi 18 t. C I r, r • AUG-13-53 •oii A ---P 15; • • • • • ' Hello