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Home My WebLink About810737.tiff Recorded at t /D o'clock P M MAR. 2 198f C3 e� 29 1851138 1,4 �.. Rec. No. 4 5G-.,.,..7Pw.w a-1 lhzo State of Colorado, Weld County Clerk G Recorder RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 130 - EATON DEVELOPMENT CORPORATION. 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 of Weld County, .-1 Colorado has reviewed the request of Eaton Development Corporation for an exemption from the definitions of "subdivision" and "sub- -A divided land" in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners finds that Eaton Development Corporation is the owner of a certain parcel of land located in part of the Southwest Quarter of Section 36 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. This request would allow the property owner to subdivide the par- cel only as each parcel is annexed to the Town of Eaton. This subdivision exemption is requested for financing purposes and will not create any separate parcels eligible for building permits. The legal description of the parcel to be exempted from the defi- nitions of "subdivision" and "subdivided land" is as follows: The SW4 of Section 36 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado, (together with 2 shares of the capital stock of the Larimer and Weld Irri- gation Company, 1 share of the capital stock of the Windsor Reservoir and Canal Company, 1 share of Class "B" stock of Town-Boyd Lateral Company, and 50 acre feet of water from Northern Colorado Water Conservancy District, and two adjudicated and registered irrigation wells and pumping plants, and all other water, rights to the use of water and rights of way for ditches and canals for the carriage of water for the purpose of irrigating the above described property. ) EXCEPTING from the above described property that parcel of land heretofore conveyed to Herman Magnuson and Velva M. Magnuson by deed dated February 28 , 1973, recorded March 13 , 1973 in Book 687 under Reception No. 1608996 of the Weld County Records. /,. . . 810737 K 5� 929 1851138 WHEREAS, the Board of County Commissioners has studied the recommendations of the Weld County Department of Planning Ser- vices and the information submitted by the applicant and finds that the request for a subdivision exemption should be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the above described parcel of land be, and hereby is, 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 Sec- tion 2-1 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 25th day of February, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO (Aye) Ch ck Carlson, Chairman ` ` `Ai (Aye) Norman Carlson, Pro-Tem ti X` c77 (Aye) C. TEL. Kifby Ki c-IZ?t� . 71ji126 c (Aye) ,- n T. Martin . 1 �ti ; "/-'4'In, 7,k234<7..�' (Aye) ATTEST: adbd U,:.W. // ne K. Steinmark Weld County Clerk and Recorder Jerk to the Board J. _ uty Count Clerk AP AS TO FORM: County Attorney DATE PRESENTED: MARCH 2 , 1981 a SUBDIVISION EXEMPTION S FLOW SHEET County Commissioners Meeting Date: cobrud3..rt 1c1%t Applicant: c0.4.0,, 17e1'r��voPvr2Y�� Cncc)acn \ar Case #: S 13p Legal Description: p{-, SL IA Sar-Eisn ? o 1 N , \NI Location: Ad o cPr� En l�"l a e �S J I Date_ I By • • Application Received a_4-$l Tf.E1 Application Complete °Q- s % T` Letter to Applicant Drafted a-5"�� • VT SE# Assigned Z-s Air Photo Map Prepared a/e,o/gi � Chaindexed • Z_1 0- Applicant Notified z- o-8\ Legal Approved by County Attorney -<<� VT Field Check by D.P.S. Staff Q"1a'$1 D.P.S. Recommendation Drafted ,/1-o-St US D.P.S. Recommendation Typed 223"81 R-C�• Packets Xeroxed 2 23 atkc, • History Card - Complete p 1'J: Board of County Commissioners Date February 25, 1981 Subdivision Exemption # 130 Applicant Eaton Development Corporation Legal Description of Property: Part of the SW%, Section 36, T7N, R66W of the 6th p.m. , [field County, Colorado. Location of Property: Adjacent to the west side of the Town of Eaton 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 Department of Planning Services staff has reviewed this request and recommends that the request be aprroved for the followings reasons: DOES DOES 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 Ca*1M NTS: This request would allow the property owner to subdivide the parcel only as each parcel is annexed to the town of Eaton. This subdivision exemp- tion is requested for financing purposes and will not create any separate parcels eligible for building permits. o 1- CO VT:rg Assistant Zoning Administrator 2/23/81 SO4-80-010 APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4OOO Ext. 4OO Department of Planning Services, 915 1Oth Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. 1��o APPL. FEE 110.9°ZONING DISTRICT Agst.tGU1f11YLa RECEIPT NO. 1 j Flo DATE Ion 4 9 APPL. CHECKED BY e c44 TO BE 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.by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: The SAT Section 36 T 7 N, R 66 w except tract conveyed by deed recorded in Book 687, Reception No. 1608996 esd cfThed as follows: Beginning at the Southeast corner of said Section 36; thence N 01° 36' 48" West 569.48 feet; thence N 01° 21' 06" W 2001.32 feet; thence East approximately 161 feet to the South lune; thence Southwesterly along said south line to the point of beginning. And except parcels conveyed by deeds recorded in Book 776, Reception No. 1698146 and in Book 891, Reception No. 1813265 Weld County Records, copies of which are attached hereto and incorporated herein. Has this property been divided from or had divided from it any other property since August 3O, 1972? Yes X No FEE OWNERS OF PROPERTY: Name: Eaton Development Corporation, a Colorado corporation Address : 15 Oak, Eaton, Colorado 80615 Phone 454-3344 Name: Address : Phone 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. EATON D CORPORATION COUNTY OF WELD ) / STATE OF COLORADO) By President S ' natu Owner or Authorized Agent Subscribed and sworn to before me this `754-4-- day of February ie 81 SEAL 2 /a.�yss Notary Publi Oct--4e4_- A 7 2t1 My Commission expires : R01-80-037 LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY, COLORADO 80631 S.ROBERT HOUTCMENS TELEPHONE 353-9195 JOHN ER I.MOUTCHENS AREA EA CODE 303 JOHN B.HOUTCHENS February 3 , 1981 JERRY B.DANIEL KIM ROBERT HOUTCHENS THOMAS A.HOUTCHENS Department of Planning Services Weld County, Colorado 915 10th Street Greeley, CO 80631 Gentlemen: Attached is the application of Eaton Development Corporation for a subdivision exemption , a copy of the Option Agreement, Addendum thereto and Addendum No. 2 thereto, letter extending time for performance and an assignment from Wheeler Realty Co. to Eaton Development Corporation. The first two parcels mentioned in the Option Agreement have been conveyed to Eaton Development Corporation by deeds recorded under Reception No. 1698146 and Reception No. 1813265 of the Weld County Records. Copies of the deeds are attached. The property is being subdivided into lots for residential purposes and annexed to the Town of Eaton by applicant after it is deeded to the applicant. Parcel 1 has been conveyed, platted into lots and annexed to the Town of Eaton as Northwest Second Annexation recorded April 21, 1977 in Book 795 , under Reception No. 1717070 , Weld County Records. Although Parcel 2 was conveyed by deed recorded as Reception 1813265 , Weld County Records it has not yet been platted or annexed but will be in the near future . Parcel 3 will be deeded to the applicant on or before December 31 , 1981 and the other parcels will be deeded to the applicant within the time limitations specified in the Option Agreement and eventually all of the parcels will be platted into lots and annexed to the Town of Eaton. Very truly yours , BH/w arnard Ho t hens ns • • 0 :4• 4. •C • .. ' a \ /IL.* i ' r- ``.� 4. M ., r 4ri .�.. .+•. f'�1Mil• IV. ♦ w ]3t_ • _ iY _ r a 4 AOSQ' 04: ` : •1., < . ..•» ' v. 'cr St,'ha , ii .f - r. - .cr f - > p�':F��. .. y�:�fr ,^ J .., �Y h �t ~ x r [-' tM .• �, '�.,•. . t., Y� ; ` �i _ i.i '` * ' S• .� yam.- • '�1Y ii . 11 '• 'VI. I �.�/O.%`.•: j aay Z... �. 't 5. Y e -4 • i? jr \Ili - . ;IN f .a.r1 •� ,A. i ti; _ :i • I IMA•�i.• �, •'r �' - ,, �,•J�•-I Vhf•_• •V ' rZ^ {L.• t -t A- - , • 1r 2• ' • • 2t f 4 • .K , M • • J e tea- t� K M1 JA Y T At yy'• • •• t -' �Tr •t ' On - 1. r-7,' �• . • -Y^ , R � .�•_ •mot` •N fr �, - t/'MV'.y rt' I• S� ' t . 1 J • lyt�T� 1. s r :,a E' ..-. ^ r te. • . 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REQUEST: LEGAL DESCRIPTION: *S U- S. 3(c 7 7 hi ,R&ev l LAND USE: N (Ay* wak\so" E `rpuOn cst £c, n,n.. s Pt sr i9 ii)k - rsd 4u.itt } ZONING: N (to re'}-ufaI LOCATION: }/y h.,At. t ,4 f o E `I 8 "1 S I I W li COMMENTS: 1 Po�cCAA 1.J PYC,ra.r;k jrrLiNAQA Garr C,U_l4ucct\ land tk3141,- 3 ' Ok'UJs Linn i rv.Pyo w'sosnIts GAGA (phkn lrns gli {1 r Qst,o&-e-11-S ane1 SP Ls ral nikk,b ai 181,,,c and. ccw `�c� n p► A .�,e 1.c & w.p.Xl u neko A,G kse a oa rco 0 ns GA k �Q.q Qns o C &- •a1G.9.0, - pose t Lo kicL `hos o vracidy .vim cor\y‘o+pk. 4n ciS 76,(0 a \so cue-tea/cc to \'a 4 /try CLI.Lip.S" .o_ nnr4kAe4.ts poCre\ U)kic..'. Ont.\ a 1sa a Vat an naked.d, ado �4 ca e fwn�.o& 412.e. rorx1rcy�w BY: .)dal �yrt lu 804-79-011 2P _ C. • .reileCOPTION AGREEMENT THIS OPTION AND AGREEMENT made at Greeley, Colorado, this 20th day of May, 1975, by and between MARGARETHE A. FARR, JAMES R. FARR, STEVEN J. FARR AND CONSTANCE O. FARR ("Optionors") and Wheeler Realty Company ("Optionee") WITNESSETH THAT: WHEREAS, Optionors desire to grant and Optionee desires to obtain an option upon the terms and conditions hereinafter set forth. 1. Grant of Option and Consideration. Optionors by these presents grant to the Optionee the option to purchase upon the terms and provisions and for the consideration herein specified, the property described in Exhibit A attached hereto and incorporated herein. As consideration for the granting of this option, Optionee agrees to deposit in escrow with Wheeler Realty Company the sum of $24,000. 00 to be applied as herein- after specified. Upon payment of said consideration for this option the Optionors shall deliver to Optionee an abstract of title to the property described in Exhibit A extended to date at the expense of Optionors, which abstract shall reveal a marketable title to all of said property vested in Optionors free and clear of liens and encumbrances except mortgage in favor of Federal Land Bank on which there is unpaid at the date hereof approxi- mately $ 28,402 .89 . Upon receipt of said abstract of title Optionee shall examine the same and notify Optionors of any objections they may have to the marketability of the title and Optionors shall have a reasonable time not to exceed six months within which to remove any such objections. If title is determined not to be marketable and cannot be made market- able within six months, then this option shall be null and void and the escrow agent shallreturn to the Optionee the $24 ,000. 00 deposited in escrow 'as consideration forthis option, and all parties hereto shall be relieved of further obligation in the premises; provided, however, Optionors shall have the right, at their expense, to obtain from a title insurance company agreeable to Optionee a commitment to insure title to said property against any such objection to marketability and such commitment shall satisfy the requirement to the effect that Optionors shall furnish evidence of marketability of title. Said abstract of title shall remain the property of the Optionors unless and until all options herein have been exercised by the Optionee at which time said abstract of title shall become the property of the Optionee. 2 . Conditions to Exercise of Option. This option shall be considered to be exercised as to each separate parcel (as designated in paragraph numbered 3 hereof) upon the fulfill- ment by the Optionee of the following conditions and without any other act by or notice from the Optionee: (a) Approval by the Town of Eaton of the subdivision and annexation plans which Optionee agrees to cause to be pre- pared and submitted to and filed with the Town of Eaton, within six months from the date hereof. (b) Ability of the Optionee to meet the requirements of the Town of Eaton with respect to water and sewer facilities for the subdivision which shall be evidenced by their approval of the subdivision and annexation plats. (c) Approval of the subdivision for financing under the Federal Housing Administration, Veterans Administration and Farmers Home Administration. (d) If necessary to development of the subdivision, approval of Weld County Planning Commission and the Regional Planning Commission. (e) By notice in writing to the Optionors by the Optionee of the exercise of the option. (f) The option to purchase parcel 1 must be exercised no later than December 31, 1975, and if not exercised by said -2 C date this option agreement shall be null and void and Wheeler Realty Company, the escrow agent, shall pay $6,000. 00 of the $24 ,000 . 00 deposited with it to the Optionors as liquidated damages and the balance of the escrowed amount shall be refunded to the Optionee and all parties hereto shall be relieved of further obligations hereunder; provided, however, the Optionors ' agree to grant an extension of this option to purchase said Parcel 1 for six months beyond December 31, 1975 in the event the work to meet the conditions specified above has been timely initiated and diligently pursued but said conditions have not or cannot be fulfilled by December 31, 1975. Such extension must be in writing and signed by the Optionors. 3. Parcels . The property described in Exhibit A annexed hereto has been divided into eight parcels by agreement of the Optionors and Optionee. The parcels are outlined on the aerial photo designated ASCS-1 :20000 YB-2KK-257 attached hereto and incorporated herein by reference. The boundaries of the parcels shown on said aerial photo may be altered and amended only by mutual consent of the Optionors and Optionee in the event preliminary engineering work indicates the need for changes and alterations thereof. The legal description of each parcel shall be prepared by the surveyor who makes the boundary survey at the expense of the Optionee. 4 . Condition of Grant of Option. As a condition of the grant of this option the Optionee shall, upon the signing of this option agreement, at its own cost and expense, proceed with diligence to do or cause to be done the necessary engineering, surveying and planning work and procure the approval of the Town of Eaton to the plans of the Optionee for, subdivision of Parcel 1 and annexation thereof to the Town of Eaton, and to' procure the approval of the other agencies named above whose approval is necessary to the development of said parcel. 5. Purchase Price. Upon the timely exercise of this option the Optionee shall pay to the Optionors the sum of $4200. 00iper acre as and when each parcel of Exhibit A is conveyed as hereinafter specified. 3 6. Limitation of Time for Exercise of Option, Payment of Purchase Price and Conveyance. (a) Within 30 days after the requirements set forth in paragraph 2 above have been fulfilled, or on or before December 31, 2.75 (or such later date resulting from extension of the option) whichever is earlier, Optionee shall pay the purchase price for Parcel 1 in full but shall receive credit on such purchase price of $6,000. 00 to be paid to Optionors out of the $24, 000. 00 deposited in escrow by Optionee. If the option is not exercised by December 31, 1975 , or such later date to which the right to exercise may be extended, or if exercised and Optionee shall default in payment of the purchase price for said Parcel 1, this option shall be null and void and Wheeler Realty Company, the escrow agent, shall pay $6 ,000 of the $24, 000 deposited with it to the Optionors as liquidated damages and the balance of the escrowed amount shall be refunded to the Optionee and all parties hereto shall be relieved of further obligations in the premises. Upon payment of the pur- chase price Optionors shall make, execute and deliver to the Optionee a good and sufficient warranty deed by which they convey Parcel 1 to the Optionee free and clear of liens and encumbrances except taxes assessed for the current year which shall be pro- rated. Said deed shall be made subject to the matters and things set forth in the attorneys opinion on the abstract of title or the title insurance policy to be delivered pursuant to the commitment to insure for which provision is hereinabove made. (b) If this option to purchase has been timely exer- cised as to Parcel 1, and the purchase price therefor paid upon conveyance of said parcel to the Optionee, then the Optionee shall have the right and option to purchase Parcel 2. Said option shall be considered to be exercised upon fulfillment by the Optionee as to Parcel 2 of the same conditions specified -4- ( in paragraph numbered 2 and the condition of the grant of this option as specified in paragraph numbered 4 above. Said condi- tions shall be fulfilled or the option to purchase Parcel 2 shall be exercised on or before December 31, 1977. Upon pay- ment of the purchase price for Parcel 2 the Optionee shall receive credit for the sum of $6, 000. 00 to be paid to Optionors out of the $24, 000. 00 deposited in escrow by the Optionee as consideration for this option. (c) If this option to purchase has been timely exer- cised as to Parcels 1 and 2, and the purchase price therefor has been paid upon conveyance of said parcels to the Optionee, then the Optionee shall have the right and option to purchase Parcel 3. Said option shall be considered to be exercised upon fulfillment by the Optionee as to Parcel 3 of the same condi- tions specified in paragraph numbered 2 and the condition of the grant of this option as specified in paragraph numbered 4 above. Said conditions shall be fulfilled or the option to purchase Parcel 3 shall be exercised on or before December 31 , 1979. Upon payment of the purchase price for Parcel 3 the Optionee shall receive credit for the sum of $6 ,000 . 00 to be paid to Optionors out of the $24 , 000. 00 deposited in escrow by the Optionee as consideration for this option. (d) If this option to purchase has been timely exercised as to Parcels 1, 2 and 3, And the purchase price therefor has been paid upon conveyance of said parcels to the Optionee, then the Optionee shall have the right and option to purchase Parcel 4. Said option shall be considered to be exercised upon fulfillment by the Optionee as to Parcel 4 of the same conditions specified in paragraph numbered 2 and the condition of the grant of this option as specified in para- graph numbered 4 above. Said conditions shall be fulfilled or the option to purchase Parcel 4 shall be exercised on or before December 31, 1981. Upon payment of the purchase price -5- for Parcel 4 the Optionee shall receive credit for the sum of $6,000. 00 to be paid to Optionors out of the $24 ,000. 00 deposited in escrow by the Optionee as consideration for this option. (e) This option as to all remaining parcels of Exhibit A shall terminate and be of no further force or effect unless the same as to all remaining parcels is exer- cised on or before December 31, '1982. 7. Possession and Damage to Crops. Possession of each parcel of land subject to this option shall be delivered to the Optionee at the time of payment of the purchase price and delivery of the deed by which such parcel is conveyed to the Optionee. The Optionors shall retain possession and continue to farm all land described in Exhibit A not deeded to the Optionee. Optionee agrees to develop each parcel deeded to it so as to cause a minimum amount of damage to Optionors' farming operations. In the event there are growing crops on any parcel as to which an option is exercised and possession is delivered to Optionee, Optionee shall pay to the Optionors and their tenant the reasonable value of the crops destroyed or damaged by the Optionee in the development of such parcel. Optionee shall pay to the Optionors and their tenant the reason- able value of any crops damaged or destroyed by Optionee on adjoining parcels as to which the option to purchase has not been exercised. The value of crops destroyed or damaged shall be measured by the yield from undamaged crops grown on lands adjacent to the damaged or destroyed crops and payment for such damage shall be made immediately upon the calculation of the amount thereof. Optionee agrees that in the event an easement across parcels conveyed to Optionee for the purpose of ingress and egress, public utility installations or irriga- tion ditches and laterals, becomes necessary for the use by the Optionors of their adjoining property, the Optionee agrees to grant such easement. -6- _C 8. Water. The parties hereto understand that the Town of Eaton will require the transfer and conveyance to it of 3 acre feet of water per acre annexed to the Town of Eaton. Optionors own irrigation water and the rights to the use of irrigation water comprising approximately 105 a,gre feet of water, which is the equivalent of 2/3 of oneacre feet per acre of the land described in Exhibit A which is subject to this o tion.( 2/3 of 1 �1^ Optionors will transfer to the Optionee acre feet of70 v " the water for/z✓ooltxTe a of land as to which this option is exe -/ el cised and conveyed by Optionors, subject, however, to the restrictions, if any, that the ditch and irrigation and reservoir companies may have or impose upon the issuance of fractional shares. In the event issuance of fractional shares is prohibited the Optionee' s entitlement to transfer of irrigation and reservoir company stock shall be cumulative and when the Optionee becomes entitled by reason of the exercise of future options to an amount of stock for which the irrigation and reservoir companies will issue a certificate, then Optionors shall deliver to the Optionee certificate for such amount of irrigation and reservoir company stock. 9. Joint Efforts. The Optionors agree to cooperate with the Optionee during the development by the Optionee of the land described in Exhibit A in all reasonable ways to obtain subdivision approval and annexation, provided, however, Optionors shall not be required to incur any expense or cost with respect thereto. In this regard Optionors agree to execute subdivision and annexation plats which subdivide the property into lots and blocks and dedicate the streets and easements but only as to parcels of said land as to which the options herein contained have been exercised. Optionee shall have access to the land for purpose of surveying, mapping and making soil and other tests. 10. Right of Optionors to Cancel this Option. In the event the Optionee shall become insolvent or if a petition in -7- ^ � bankruptcy or for reorganization or arrangement is filed by or against the Optionee, or in the event of an assignment by the Optionee for the benefit of its creditors, the Optionors shall have the right to cancel this option as to any and all parcels of land as to which the option has not been exercised and to retain all sums paid by the Optionee to the Optionors as consideration for this option or on account of purchase price. 11. Status of the Parties. None of the provisions of this option agreement shall be construed so as to constitute the Optionors as partners or joint venturers of or with the Optionee. 12. Binding Effect. The provisions of this option agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, personal representatives, successors and assigns . • IN WITNESS WHEREOF the parties hereto have hereunto subscribed their names the day and year first above written. . A. FARR MARCARET'h` J S�R1 ./ R ----" t--- ___________ STEVEN F5 CONSTANCE 0. FARR • OPTIONORS WHEELER REALTY COMPANY`, j /By. kikAin(1/oPTIONEE � -a- . ( The SW4 of Section 36, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado,(together with 2 shares of the capital stock of The Larimer and Weld Irrigation Company, 1 share of the capital stock of The Windsor Reservoir and Canal Company, 1 share of Class "B" stock of Town-Boyd Lateral Company, and 50 acre feet of water from Northern Colorado Water Conservancy District, and two adjudicated and registered irrigation wells and pumping plants, and all other water, rights to the use of water and rights of way for ditches and canals for the carriage of water for the purposedof irrigating the above described property) EXCEPTING from the above described property that parcel of land heretofore conveyed to Herman Magnuson and Velva M. Magnuson by deed dated February 28, 1973, recorded March 13, 1973 in Book 687 under Reception No. 1608996 of the Weld County Records. • EXHIBIT A _ - - - — . n«r - — _ 1 f i . i ; ! . ...: i :i / . . !. i ,, ; a 1 1 . 1 ii �•. ' i I a 1?\\tt�� 1•w SS. mot' • I • I qp5 t o . ' 1 . . . ...... .., . .... . . . ,..c.r:•..,„•.•,a•tr.,._.,.....1._ •.•,•"--4.77•'-t-c. --; • - - , .. • _ . I.• I i. - .. • r Y _ Cr) • O LOS frrc-- .: ' ': J !•-• x _ t X `` .. -ti TAT .\ ••bti • V ' .end,: /� M { ` 3 V .` r o AI I {{ J i Lam.--�,. r ' c:• °'� c t .�'. �'{ ma�y!�. rj • : , '�-re f V -sS /a Ise'l r^o 'V *rip 4't L..rrw w.• y y fie. ,.e • • ' .` i:- 1"`"••pC',y a.., t10 , r • , va ss .3'4.` = Yr,t ' I 1 7 1 np B sK Y;Inc.0 rs'i'6P�A.+ '' I: -9.2g 3y { F '. _ • a i r_ i.X.Pi p f it, t 1 i r �qp. F'r� #e.. x ` • ,,1A" ' ' 0 <y .3 . ry i 1 J la ^T .1 lip r4•`3i p'' `1 t:-r4 �7 d , r6r _1 i I" •.- •` i.• - ,--:44.4t p is .'4 .(.,.... 4d ' ' "r tep,, -2.1.-.L. fJ k •02", :la i ... -o .•, 4v..,y A M IL k ..%.xt•-, '_..� Ip L A f 1,.k,,►..-./ - • - • -z -i t rn4%i d rm • p+,p.r friyr+ T h•.... j`*' i. 4 .. y:.' r;{ :/r1. r (!:.'...i: n .r . 1.14.4•1' + i e a t • Jtaroef r2.•m+i -a4_ : n-R y + i,r. , -?t. �1. T J: ,- d .di- L A _� . • ADDEJM TO OPTION AGREEMENT MAL_.� ATGREELEY , •� COLORADO THIS 20TH DAY OF MAY, 1975 , BY AND BETWEEN MARGARETHE A. FARR, JAMES R. FARR, STEVEN J. PARR AND CONSTANCE O. FARR (OPTIONORS) , AND WHEELER REALTY COMPANY (OPTIONEE) . WHEREAS, said parties referred to above entered into an Option Agreement providing for the transfer and sale of property owned by Optionors to the Optionee over a period of time under certain terms and conditions; WHEREAS , both parties hereto wish to amend and supplement said Option Agreement as follows : Paragraph 5, Page 3, entitled "Purchase Price" is amended and cor- rected to read as follows : "Upon the timely exercise of this option , the Optionee shall pay to the Optionors the sum of $4, 250. 00 per acre as and when each parcel of Exhibit A is conveyed as hereinafter specified . " In addition to the amendment to the original option agreement, as provided herein, the following additional provisions are added to and made a part of the Option Agreement. # 13) It is agreed between the Optionors and Optionee that Parcel 8 , shown on Exhibit A, has been divided into two parcels , known as Parcels BA and 88. Optionee may elect to exercise the option on Parcel 8B at any time that the Town of Eaton , Colorado , would require this area for a park area, drainage pond area, or such other uses of said acreage in Parcel 8B, as required by the Town of Eaton , as essential for annexation or for final platting for annexation of said lands . At the time the option on said Parcel 8B is exercised by the Optionee , Optionee will pay Optionors $4, 250 . 00 per acre for the acreage in Parcel 88, said acreage will be determined by survey. There will be no option money, as pro- vided in this contract, credited to said purchase price of Parcel 8B. #14) Presently, mineral rights are reserved by the Optionors and will continue to be reserved until each parcel has been purchased by the Optionee , the mineral reservations will be released by the Optionors . #15) Presently, there are two (2 ) wells located in Parcel 7 , as :shown on the attached map hereto . At such time Optionee exercises the oi`t tokk to puicttaso Parcel 4 , if a portion of the farm remains under tenant 5 AS \nn H\ 4NH 11{11 {Nnt'st -s isi%%la 1rivs Hf Ate installment contract sale , it is th9 ! shy p'rrtism hdttit9 81)411 dit.,Aga and wells intact to provide adequate water for the remaining parcels not being subdivided for residential construction . • #16) Optionors will retain the use of the house and improve- ments located on Parcel 3 until such a time as Optionee exercises the option on Parcels 5 through 8D . If Optionee does not exercise the option on Parcels 5 through 88, land as shown in improvement area will revert to Optionor or Optionee may provide a replacement house , on Parcel 8A, of comparable size of the existing home , of 1, 200 square feet on the main floor, plus replacement of a machinery storage building 2 , 400 square feet in size together with water tap etc . Optionee may remove all buildings and corrals at the exist- ing improvement area at any time after option on Parcel 3 has been exercised and paid for, except the main house and the hired man ' s house . However, if buildings are removed, Optionees will provide a machinery storage shed for tenant ion said farm -- said storage shed 2 , 400 square feet in size . Improvement area size to remain as shown in red outline on aerial photo , known as Exhibit "A" . IN WITNESS WHEREOF , the parties hereto have hereunto subscribed their names the day and year first above written . RI&,L a.eh e A. lk�ta r r` t,t.&, 2 `11 James R. Farr Steven 7 Far ' Constance O. Farr OPTIONORS WHEELER REALTY CO PANY QPTXONEE C ADDENDUM #2 TO OPTION AGREEMENT MADE THIS 20TH DAY OF MAY, 1975, AT GREELEY, COLORADO, BY AND BETWEEN JAMES R. FARR, MARGARETHE A. FARR, STEVEN J. FARR AND CONSTANCE O. FARR, (OPTIONORS) , AND WHEELER REALTY COMPANY (OPTIONEE) . WHEREAS, said parties referred to above entered into an Option Agreement providing for the transfer and sale of property owned by Optionors to the Optionee over a period of time under certain terms and conditions; WHEREAS, both parties amended and supplemented said Option Agreement by Addendum #1; WHEREAS, both parties now wish to amend and clarify Paragraph 14 of Addendum #1 of said Option Agreement which reads as follows: "Presently, mineral rights are reserved by the Optionors and will continue to be reserved until each parcel has been purchased by the Optionee, the mineral reservations will be released by the Optionors." BY ADDENDUM #2, Paragraph 14 in Addendum #1 is stricken and replaced with the following: "Presently, mineral rights are reserved by the Optionors and will continue to be reserved until Optionee exercises its right to purchase one or all of the parcels. Optionors will release the mineral rights from each parcel as it is purchased by the Optionee but will retain the mineral reservations on those parcels not purchased until such time as said Optionee exercises its right to purchase each of the remaining parcels." IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names the day and year first above written. OPTIONORS: aitt,,i ;7'7 James R. Farr CMMa/rga e }i: Farr 1 rL 7471 -- e n J. Farr Constance O. Farr OPTIONEE: WHEELER REALTY COMPAN c EATON DEVELOPMENT CORPfRATTON P. O. BOX 925 EATON, COLOR1D0 80615 DECEMBER 1, 1975 iararethe A. Farr James R. Farr Steven J. Farr Constance 0. Farr c/o James R. Farr 1470 View Drive San Leandro, California 94577 Please consider this letter as our request for an extension of our option to purchase real estate and water described as Parcel 1 in our Option Agreement dated May 20, 1975. • By the provisions of paragraph numbered 2 entitled " Conditonsto Exercise of Option" of our agreement we are entitled to a six months' extension of time bevucd December 31, 1975" in the event the work to meet the conditions specified" in said paragraph numbered 2 of the agreement have "been timely initiated and diligently pursued but said conditions have not or cannot Le fulfilled by December 31, 1975". Immediately upon the assignment of said option agreement to us by Wheeler Realty Company we proceeded with diligence to cause to be done the eagineeripa, surveying and planning 'Fork necessary to procuring approval of the Town of Eaton and other regulatory agencies and bodies of our plans for subdivision of Parcel No. 1 and its annexation to the Town of Eaton. We have completed all of the development work necessary to meet the requirements of the Town of Eaton and other regulatory agencies necessary to the subdivision and annexation. However, the Town of Eaton has withheld its approval until such time as it completes the expansion of its water and sewer facilities. The Town plans to expand its weer storage facilit:i.es in the near future. The Town has received a grant from the United States of an amount equal to 507. of the cost of providing new sewer facilities but the contract for this construction has not been let but should be within the next 60 days according to our information. We have one other obstacle to approval from the Town of Eaton. A new board will be elected this coming spring and several of the members of the present board have indicated they will not accept another term. The present board has indicated a reluctance to approve our subdivision contingent upon the necessary expansion of its water and sewer facilities, saying they do not want to bind a future board of trustees of the town. Will you please consider this as an application for an extension of time wi.thin'which we may exercise our option to purchase Parcel 1 to and until July 1, 1976, and rest assured that we are doing everything in our power to procure the approval of the subdivision and annexation. Will you please indicate your approval of the extension by signing the form at the bottom of this letter. Sincerely, EATON D 'VELD SENT C DO TION By ..t2c JJ President V Based on the foregoing report we hereby 3rsnt an extension of time within which Eaton Development Corporation may exercise its option to purchase Parcel 1 to and until July 1, 1976. ';ARGARETHE A. FARR ,��- ES R. FARR A a 7 STEVEN J. PARR CONSTANCE 0. FARR x f � . ASSIGNMENT 6 ACCEPTANCE OF AMENDMENT TO OPTION AGREEMENT MADE AT GREELEY COLORADO, THIS 15th DAY OF JANUARY, 1976, AND OPTION AGREEMENT MADE AT GREELEY, COLORADO, THIS 20th DAY OF MAY, 1975, BY AND BETWEEN JAMES R. FARR, MARGARE HE A. FARR, STEVEN J. FARR AND CONSTANCE 0. FARR, OPTIONORS, AND WHEELER REALTY COMPANY, OPTIONt.t.. For value received, Wheeler Realty Company, as Assignor, and also as Optionee on an Amendment to Option Agreement dated January 15, 1976, and Option Agreement dated May 20, 1975, 'between James R. Farr, Margarethe A. Farr, Steven J. Farr and Constance 0. Farr, as Optionors, hereby assigns all its right, title and interest in and to the within Amendment to Option Agreement and Option Agreement unto Eaton Development Corporation, Assignee, its heirs and assigns, with the express understanding and agree- ment that the said Assignor shall be relieved of any liabilities for the payment of purchase price and the performance of certain covenants and agreements as provided in said Amendment to Option Agreement and Option Agreement by the Optionee therein named. In consideration of this assign- ment, the Assignee hereby agrees to assume and make all the payments and perform all the covenants in said Option and Amendment to Option. WITNESS its hand and seal this 9 day of F6RRu,,l,"Y , 1976. EATON DEVELOPMENT C ORATION, Assignee t ete/C_ (SEAL) 'President] r l��i� :tl Rssis A- 4S r" (SEAL) etretary / WHEELER REALTY COMPANY,PA Assignor "(0/4 `" , (SEAL) /Pr silent • -- . irof 2,23 'll SEP 31916 a e1 .j C "7'76 Aeaodd.t.. .1 o rl« .. M u, Oa Reception No 1698146 JdMRTtlal.S V[RLT&IN._...Recorder. t4 t ill' j Tms DEED, made this 3rd day of September 19 76 . e s wife & husband between MARGARETHE A. FARE, JAMES R. FARE, STEVEN c. ti I I J. FARIP. a,.d. CONSTANCE O. FARR, husband & wife State Documentary Fee 7I SFD 31976 A i of the I s....J fl_ Z S- i z r i' County ^f Weld and State of Colorado. of the first part, and I <i I. L , -- EATON DEVELOPMENT CORPORATION, a Colorado Corpo -ation, 9 .y ON I'. of the County of Weld and State of , ,I '�:' a.. ` I I I Colorado,of the second part: [ ,� o � WITNESSEFH,That the said part ies of the first pastier and In consideration of the sum of e. I -' ! o ---OTHER GOOD AND VALUABLE CONSIDERATION AND TEN DOLLARS I k vj ;� -2' to the said part i.s of the first part in band paid by said part y of the second part,the receipt whereof is ''1 I N hereby confessed and acknowledged, ha ve granted,bargained,sold and conveyed,and by these presents do , • o r grant, bargain, sell, convey and confirm, unto the said part y of the second part,its/ffi1kfUlai9ll ne for. N o ever,all the following described lot or parcel of land,situate,lying and being in the e O k ' - County of weld and State of Colorado, to wit: i �., That portion of Section 36, Township 7 North, Range 66 West of the ...0 r Ire 6th P.M:, WELD COUNTY, COLORADO, more particularly described as follows, r- 3 1 Beginning at the Northwest corner of the Northwest Subdivision Second M- I 1 W L'- Filing, in the Town of Eaton, said County; I ri i '- k f 3 -- . en " thence along the Sou Ch right-of-way line of the Great Western ✓i '. : I� . Railroad South 88°59'58" West 1080.70 feet; thence South 1°03103" East 1688.53 feet; thence South 87°17'57" East 1092.27 feet to the West line of said r - ,� ' Northwest Subdivision Second Filing; [ r, j 4 1 ' thence along said West line North 1°21'06" West 1759.08 feet.more or less ( r_ t 1 to the point of BEGINNING, WELD COUNTY, COLORADO. . ETHER with 28 acre feet of Northern Colorado Water Conservancy District water. 1 . TOGETHER with all and singular the hereditament* end appurtenances thereto belonging, or Is anywise • appertaining, and the reversion and reversions,remainder and remainders,rents,lines and profits thereof,and all . the estate,right,title,interest,claim and demand whatsoever of the said part ies of the first part,either in law - or equity, of, In and to the above bargained premises,with the hereditament,and appurtenances. t ;,, TO HAVE AND TO HOLD the said pr .apigpagspergalned and described with the appurtenances, unto the { '. said part y of the pecond part, its/hein and assigns forever. And the said put ies of the tint part, ,�': forthem . sakes /taeik'e,executors,and administrators,do covenant,grant,bargain,and agree to and a S with the said part y of the second part, its/rh*l ciai ri.,that at the time of the installer and delivery k 1 - of these presents,they are well seized of the premises above conveyed,ea of good,sure,perfect.absolute and •. elk indefeasible estate of inheritance,In law,be fee simple,and ha ye good right,full power and lawful authority e-;. e to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear > Ei from all former and other grants,bargains, sales,liens,taxes, assessments and encumbrances of whatever kind or ,., , • , .' nature soever, EXCEPT rights-of-way in place or of record, oil and gas lease of t ii record, other restrictions and reservations of record, if any, further subject : i 'c l to the 1976 general taxes due and payable in 1977, aedzaiizseloaegrsatztreusx �t taxon*x which grantors have agreed to pay; i !. I t and the,hors bargained premises to the quiet and peaceable possession of Ne maid party of tb*,send pact, i k its successorsk eirwand assigns against all and every person or persona lawfully claiming or to claim the whole k ' , or any Part thereof,the said part ies of the first put shall and will WARRANT AND FOREVER DEFEND. �, _•i _ IN WITNESS WHEREOF,the said part ies of the first part have hereunto set emir bands I i, 1 and seals the day and year first above written. 1 - ^� . .�'Yd'd'i..l�a 7..tG.I.r (SEAL) i t c Y e hS.n tad.K.a Cl .. (!4t- emus R. F rr P' ,t Rait9.are tip A. Farr • -- t ,� J AYl1 tnvawJ F : .+ Y�J'W '• l` ! y P .0 . . �Y a STATE OF COLORADO, ) Constance Farr th%att�/,} 0• 1 J �� ( :. :�•';. r`. 4 County at Weld sa ..YoMI1 .t. iiY ': • .,3La tongoing Instrument was acknowledged before me Ws d-- Ear of September 3 •,era . . a w1%� & h ba A i :1 e , Uge/6 ,-:by Margate the A. Farr, James R. Farr an G Tfargaretne e . Farr, at termery in- % '� j• •ii*ronmdsetxmnrea fact for Steven J. Farr and x*% .Wltae.smy heed aedofflcW rat rS l;onstance 3. Farr.husband & wife ') s __.._._._...� r_ te*._.C1.7�Cr .a2 tic[_ ti z'"' My commission expires October 1, 1977 rf r. lb _,3 1 ---'--------- —'-- — ! G. ' Na.$33, waasaxn peen.--ass rreseneu. MOWN; ruses asst p,,.s.Dell;orwr —e,-w X C. • • • >WK • .! 891. 7 . Rvrurd,.dn_.T '3 o'clock M,on— _ poll y y • Het eporai No __.1b1�1:C1i�i -teywiCy..,Pw. .. 'Ra<a kv •7'/ eld County, Colorado c-'Q N�rrraniy (nett/ - 1 I I SIBS 1)1 11)is a conveyance of the real properly described below, including any improvements and other I j O' ajpur roans•'• fair "properly") hum the individual(s). (wporalionls), partnership(.) Of other entity(its) , court below as a;RAN I OR to the md,vidual(s1 or enlltyliesl named below as GRANTEE. e I he GRAN 1OR hen-by wells and r onveh.the properly to the GRANT FI and the GRANTOR warrants the title to I the property.et rapt fur f 1)the ben of the general property taxes for the year of this deed.which the GRANTEE • I will pay ill any easements and rights•ohway evidenced by recorded instruments(3)any patent reservations fv ,n,I es,epp.ms Col am m astarrding mineral interests shown of record(5)any protective covenants and resin'' „ • t...,.'h,•w o 01,e,.,,, .nut pre.,rev at d,ponnl maven shown below under"Additional Warranty Exceptions" The spec'tic terms of this deed are: • • GRANTOR: r., r•xr.,..,awnx.',a,..xmxr ,ilk,, seMMaayr.nr>r.Ann.n.•dn.ornr,e,.h..-Mir. a,,. n wN nWa. • S rl R , >� FYJiCw4RF.'!}E A. xFARR and JAMES R. FARR, in joint tenancy, as to an Lrullvlded 705: • •o� interest, and STEVEN J. FARR and MYSSTA10E 0. FARR, in joint tenancy, as to an -I undivided 30% interest 'o n L'l GR ANTI❑ ,,.,., n, ,„m,,..osi 'u,.n.mm akin,., rnJ..,rnr.sauwr'wad. 0 eared nunpa.re I (�a . ZINC) U �( FAWN CEVELCIDYL T CORPORATION. a Colorado Corporation lily legal Address: 15 Oak, Eaton, Oolorado 80615 r-� IV ) N I. FORM OF CO.OWNFRSNIP:sin ih.i,lit *0 a mar rani*.aimed'her..II be cen..r.da a losingr le losing M ra w,r.. wain. ICI .r ANY\ Ow.wd,-,n,wA,lens's a,pa,er the mine martin,ar abed w,M war.Mw 1 , `v • .Y PROPERTY DESCRIPTION: on,her own.and Rar.1. > ''. SEE ATTACHED FFral DESCRIPTION INCORPOI+AFED HEREIN BY REFERANCE j{ I. Slate Documcruory Fes n i to ,IAN 2 nal -- I 1. • CONSIDERATION:row••••••.d a,swam a sat a n. am optional.adequate aoae•anon it. m W thin deaf. (...wind wan.it.,. .afraid...a.a nth.NI ant,a.r ohms em.v.n..r,Orsolule hail and wnwvithooslI __ -OTHER OJOD MD WAFANOIE atSICERATICN MD.744 COLLARS_ • - RESER VATIONS.RESTRICTR)NE:III dr.G/AN uw,mw,aa lo.rea,.an.rwn.r m M PWNwaeeru....M.Own t an.,w Right of way for County 4OrderSEIthe'SBoard of Cn, OnuessionersGfortWEld ( lines as obe14, p8Wp8� Oridsue r of 86e Board of 273: Rioght of ay asrsgrestteddF.to Chheuty, Mxa.tajn SStatesr'IblepTTonee and 'l Book Page byiinstrvfa,lent rreer.5rded August 6, 1918 in Book 512 at Page 312. )r ADDITIONAL WARRANTY EXCEPTIONS:w.wan.n, Wan.u.xmM and oche. as,cosoN•hwI 'I x•u. 1 ,p.il. V.:. . 4'e an' .n' +a:, .0. 1:11 • f nI� 1 Signed on lets:; .v.U.R .7•I .19. I 1/ /ha�AEa((tl a WV (f a:nrl Akan' 1F/fig A) Ter to is a7, • .a �`F1(-(.ate /![ '. 1 ((.r� �R_-�+�he: ' IiLA A��fe Farraaa999 EEFlllllld Interest. appears Ste n J,—Fair as 7E1 in • s 4WJ ' t.L`SIAIEOF Callfornle 1 �Ca�N rte' 1� 41nCOUNTY OF Alameda 151. ce V. ?err. T>:1k `Asa . I • Tnt foregoing instrument was acknowledged before me this 2h t day of 1979 Cw '-'- by M)rS3arethe A. Farr and Janes R. Farr, an trr>dfypnl3ed B utter ., :cl_`) I. 1NESS my hand and official seal '/ Lai'L My commission e.• poet. Notary Pu c SIAlf Of California ) . COUNTY Or planed. ' Its- the foregoing instrument was acknowledged before me Oils 21st day of 777•••ttt ember' .19 79 byW Steven my Farr and OTI O. Fart, as to M yntdl�lnteryet.by Mar arethe MI commission my hand and official seat A. Farr, At nrnay.7371 F i My cmmimmn expires �/) v ' Notary Pubis • • WI 11 UPDATE LEGAL FORMS OFFICIAL SEAL a )01 / 0 BOX 1115.GAMEY,COLORADO 11C43211C432 �.f) �i°L-,'>, ❑ I.CH'CI 5EP1 • 1 h NOIAN cv'. .. IaI,FDRN4 ' • ) 1111:!101's L'2 Orr XI. I982 a k • rr . Covering the Land In the Slate of Colorado,County of Weld . . man led as: .. _. . • 07'02 • ;',1 ` PARCEL 1 That portion of Section 36, in Township 7 North, of Range 66 West of the 6th P.M., more particularly described as follows: '5 �1 Beginning at the Northwest corner of Northwest Subdivision Second '. Filing, Town of Eaton; thence along the South right-of-way line of the Great Western Railroad Li I South 88. 59' 58' West, 1080.70 feet; ` thence South 01. 03' 03' East, 1688.53 feet to the TRUE POINT OP 1 'I BEGINNING;. . ��' 4 thence South 01. 03' 03" East, 16.10 feet; '1 J thence South 01' 56' 57' West, 708.52 feet; 'Pt I thence South 25. 45' 51° West, 39.63 feet; thence South 00. 26' 15" East, 123.56 feet to the South line of the 1 Southwest Quarter of said Section; thence along said South line, North 88' 58' 20' East,' 60.00 feet; j thence North 00' 26' 15" West, 108.98 feet; thence North 25' 45' 51' East, 38.32 feet;• thence North 01" 56' 57' East, 722.74 feet; • ,kp thence North 01° 03' 03' West, 13.73 feet; '+ t' thence North 87. 17' 57" West, 60.12 feet more or less to the • TRUE POINT OF BEGINNING. a k PARCEL 2 r. That portion of Section 36, in Township 7 North, of Range 66 West • .y of the 6th P.M., more particularly described as follows; ) .' Beginning at the South Quarter corner of said Section 36; thence along the South line of the Southwest Quarter of said Section, '%.: South 88' 58' 20' West, 335.00 feet to the TRUE POINT OF BEGINNING; thence North 01. 36' 48' West, 270.00 feet; ' thence North 08° 58' 20" East, 335.00 feet; j$ thence North 01. 36' 48° West, 299.35 feet; • ) . .thence North 01. 21' 06" West, 242.24 feet; ; ,. thence. North 87° 17' 57' West, 1032.15 feet; thence South 01. 03' 03" East, 13.73 feet; thence South 01. 56' 57' West, 722.74 feet; thence South 25. 45' 51" West, 38.32 feet; .I lM thence South 00° 26' 15' East, 108.98 feet to the South line of said ,j Southwest Quarter; thence along said South line North 88' 58' 20' East, 758.07 feet ,f more or less to the TRUE POINT OF BEGINNING. . +f ;� PARCEL • P3 .4 �1' That portion of Section 36, in Township 7 North, of Range 66 West '` of the 6th P.M., more particularly described as follows: 1 Beginning at the South Quarter Corner of said Section 36; , thence along the South line of the Southwest Quarter of said Secti . .: South 88° 58' 20' West, 335.00 feet; 'thence North 01. 36' 48" West, 270.00 feet; ' thence North 88" 5820"East, 335.00 feet; • 'thence South 01. 36' 48" East, 270.00 feet more or leas to the POINT OF BEGINNING. =ETHER with 15 acre feet of Northern Colorado Water OYtservanty District water. , i • • t V • APPLICATION FOR SUBDIVISION EXEMPTION • PHONE: 356-4OOO Ext. 4OO Department of Planning Services, 915 1Oth street, Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. S \-50 APPL. FEE , p co ZONING DISTRICT wS2ic.ku wr RECEIPT NO. OOH L ip DATE h 444, APPL. CHECKED BY ,2c4 TO BE 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.by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: The SWa Section 36 T 7 N, R 66 W except tract conveyed by deed recorded in Book 687, Reception No. 1b08996 escd-r16ed as follows: Beginning at the Southeast corner of said Section 36; thence N 01° 36' 48" West 569,48 feet; thence N 01° 21' 06" W 2001.32 feet; thence Fast approximately 161 feet to the South lone; thence Southwesterly along said south line to the point of beginning. And except parcels conveyed by deeds recorded in Book 776, Reception No. 1698146 and in Book 891, Reception No. 1813265 Weld County Records, copies of which are attached hereto and incorporated herein. Qf✓ 0/e ��/g a Has this property been divided from or had divided from it any other property since August 3O, 1972? Yes X No FEE OWNERS OF PROPERTY: Name: Eaton Development Coai...,ration, a Colorado coLp_ration Address: 15 Oak, Eaton, Colorado 80615 Phone 454-3344 Name: . . . Address: Phone 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. ENICM D _ RPORATION COUNTY OF WELD ) STATE OF COLORADO) By President S' natu Owner or Authorized Agent Subscribed and sworn to before me this 'Wk.-- day of February 19 81 SEAL Notary Public My Commission expires: �R, eoissimun7omuueld 8un03 PIu61 W, .� L251 fl73 � C1 .! • REFERRAL LI S^ • OAPP),I CANT Eaton Development Corporation CASE # SE-130 H-- I E? REFERRALS SENT OUT O17: February 10, 1981 j — If� z v REFERRALS TO BE RECEIVED BY: February 18, 1981 i ~ u fr.1 1-t a h W 1, U [C Ui c REFERRALS RECEIVED County Attorney ACktiumptxxXtetinotal 1. MaREPExiciEfeWitiONAEX 1 ' . f _ • • DEFARTI EN I- OF PL Nr.l':u SE-7 , PHONE I3031356-400D EXT. 915 1010TH5- r GREELEv,COLO=%.DO SC ;ra February 10, 1981 (O CASE NUMBER SE 130 COLORADO REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Eaton Development Corporation for a Subdivision Exemption • The parcel of land is described as part of the SW4, Section 36, T7N, R66W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is adjacent to the west side of the town of Eaton 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 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 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 18, 1980 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 , 1)�c� L� lraxLr Assistant Zoning Administrator VT:rg • _ • • • • DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 /11:7E = _ February 10, 1981 COLORADO Eaton Development Corporation 15 Oak Street Eaton , Colorado 80615 Re: Request for a subdivision exemption on a parcel of land described as part of the SW4, Section 36, T7N, R68W of the 6th P.M. , Weld County, Colorado. Dear Sir/Madam: 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 25, 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 Commissioners. 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. Please find enclosed your application fee receipt. If you have any questions concerning this matter, please feel free to contact our office. Respectfully, U rClu a_ TrCL r Vickie Traxler Assistant Zoning Administrator A VT:rg cc Bernard Houtchens, 1007 Ninth Ave. , Greeley, Colorado 80631 Enclosure • P26 0274468 RECEIPT FOR CErRTIFIED MAIL _ NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL, (See Reverse) SENT TO Eaton Development Corp. STREET AND NO. -- - . ..15.oak Street P.O.,STATEAND ZIP CODE .Eaton, Colorado 80615 POSTAGE _ $ ' .' CERTIFIED FEE - e SPECIAL DELIVERY _ T o RESTRICTED DELIVERY . - _ e SHOW TO WHOM AND 2 DATE DELIVERED _ . f• w 4,14 SHOW TO WHOM.DATE. . _ -- •' a , AND ADDRESS OF - c g — DELIVERY. = _ - SHOW TO WHOM AND DATE w tt')SENDER: Complete Items 1,2,and 3. • 5 z DELIVERED WITH RESTRICTED - a - -e -Adddoar address in the"RETURN TO"space on.' ' c DELIVERY rrv. . ¢ SHOW TO WHOM.DATE AND - • ADDRESS OF WITH 0 1.The following sundae is requested`(checr one.) . . _ RESTRICTED DELIVERY . sundae-X.Show to whom and date delivered -—Q as TOTAL POSTAGE AND FEES' - $ O Show to whom,date and address of delivery..._4' } ' . • POSTMARKDRDATE. ❑RESTRICTED DELIVERY ' of - 10 Shea to whom and date delivered —a g - O RESTRICTED DELIVERY. . en • - • Show to whom,date,and address of delivery.$_ 2-10-81 - '- '(CONSULT POSTMASTER FOR FEES)', a°. I - D. 2, ARTICLE ADDRESSED TO: I, I' I. t • . a Eaton Development Corp. \ c 15 Oak Street ` I : ) ' X, • Eaton, Colorado 80615 I; a w O 3. ARTICLE DESCRIPTION: • O PI REGISTERED NO. CERTIFIED NO, INSURED NO.';4'. . a P26 0274468 Tf{ t•' ' O (Always obtain signature of addressees n a ti Jr. P m a I have received the article described above.t 'II T. S SIGNATURE DAddrezce leothadzedII O /� Cq NG T ® DATE OF RY '•• A ¢ ,G O G. ADDRESS(Complete only R dt,��' : , - O �) i... I m / 9 • ti B. UNABLE TO DELIVER DECAUSE:'•�, E@K.'S,.' I p INITIALS r *GPO:19]93,00-459 . Hello