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HomeMy WebLinkAbout841040.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 703 - FRED LORENZ WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners , pursuant to its authority under Section 30-28-101 (10) (d) , CRS , as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels , as shown on the plat known as Recorded Exemption No. 703 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No . 703 was sub- mitted by Fred Lorenz for property which is located in Part of the SWa and Part of the NWa , Section 30 , Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more par- ticularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded,and WHEREAS , this request is to divide the property into par- cels of 173 acres and 5 acres, more or less . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove de- scribed parcel of land be, and hereby is, exempt from the defi- nition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) the applicant shall submit a mylar plat to the Department of Planning Services to be re- corded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Sec- tion 9-2C. (4) of the Weld County Subdivision Regulations . The plat shall be submitted within ninety days from the date of approval by the Board of County Commissioners; and 2) the pro- posed well on the five acre parcel may only be used for house- hold purposes. Use of the well for lawn and garden or livestock watering is prohibited. A note shall be placed on the plat. The note shall read "Well water shall be for in-house use only" . LD: ZON RE #703 841040 Page 2 RE: RE#703 - LORENZ The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D. , 1984 . v�i BOARD OF COUNTY COMMISSIONERS ATTEST: �nn WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo d Norman Carlson, Chairman BY: b7Jc- wc�-, Leputy County erk c line o nson, Pro-Tem APPROVED AS TO FORM: Ag e ( Gene R. Brantner CillatiC2 EXCUSED County Attorney Chuck Carlson EXCUSED John T. Martin 811040 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 lC. COLORADO September 5, 1984 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #703 Dear Commissioners: The attached application, plat and related items are in reference to a request from Fred Lorenz for a recorded exemption. The parcel of land on which this request is being made is described as Part of the SW11 and part of the NW14, Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. The property is located 1 miles south of Platteville on WCR 28 . The property contains approximately 178 acres of Class I VIIs irrigated and VIw VIIs nonirrigated soils. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 173 acres and 5 acres, more or less. The applicant propose to sell the smaller parcel off to be used as a homesite. The larger parcel would remain in agricultural production. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: The 178 acres, more or less, under consideration will be compatible with surrounding land uses and with the future development of the surrounding area as permitted by the existing Agricultural Zone. The proposal is also consistent with the intent of the Agricultural Zone District in which it is located. 8-4A040 Board of County Commissioners Page 2 - The proposal was reviewed by the city of Platteville and was found to comply with their long-range Comprehensive Plan. - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from WCR 251/2 and 28 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. 2. The proposed well on the five (5) acre parcel may only be used for household purposes. Use of the well for lawn and garden or livestock watering is prohibited. A note shall be placed on the plat. The note shall read:'well water and shall be for in—house use only:' Respectfully, 1 cnr-eA Iggq J. mes R. Mayerl U urrent Planner JRM/ac 8 t1..040 FIELD CHECK FILING NUMBER: RE 703 DATE OF INSPECTION: August 13, 1984 NAME: Fred Lorenz REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SW1 and part of the NW' , Sec 30, T3N, R66W LOCATION: Approximately 1 mile south of Platteville; North of WCR 28 and west of US Highway 85. LAND USE: N City of Platteville and crop production, residence E Storage area I-25 Fort Vasquez S Crop production W Crop production ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The subject site exists east and west of WCR 251 a paved road. Access to the subject site is from WCR 28 a paved road. The subject site is used for crop production and pasture with some of it being marshy. Much of the site is within the 100 year floodplain of the South Platte River. Small pond and oil well exist west of the proposed small lot. The proposed 5 acre lot is 10-25 feet above the land immediately to the west of it. By: ames R. M yerl FIELD CHECK 841040 • • ' L Ii -w" o • tl 9Si • • w TC ' ®r� • �• 2� �91 s• 4pp'32 • :g:°v ® • a 10 •a• z S. Pix a E5 90 . : a :• s•• so j es • •• ill He • : ,E ,i-•• • •1--.---F_-•_F• z• ! 22 25 x• I as gtq' •CL `" ' • • f4• • x f • • I T cIEtRE5T , z' L• cr az v a• 'e i. ••oI 1�C • / v p• ,. v: • 34/ 3•ae I ea > as•q i LA. •• _ . x V• g. s i • . �' x • hJ• L � nox• • ' tl I L� ' z�, • , i I 'ia 1 •�RE• Pr I z • it • Qlj • 1�Y.' u r • • I� •1 MEAD 4 4 ••• • J. .* r •i▪ 4 ly �'I I • r, • 4• �. I'. •,3 • ..o Il • li a•. •�•••• 1111 .,' • h 5I 14 �. , .i Y i,• �.� \ � -j- c�- F•� �—'—'—"—I 1 / u c.. \ \�^'✓" Ili ' • • yI :a _. . �. xo •• x As I /_-' "�/,J I, /A� I ••z '�� za • ���f ILIf Eo-reviuE . 22 j r•s . • - �. 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Y u •ItrILy ;a .0.,y, + it.«TC i .;:,:41,1: j Y4'{. „ *. k :41 f Si 4 t:i � Y k iiix ' t .Xy' ' \ 1......__.y.... • it w:= t ,•001 'akfxn :t,r •ii• r't# Fy� � v• - + '.art•• V",zrt a_..St . - 7�p' .Y ' t - •v+• 10 k` a :[.� ,, ,..,4* ky ....••. . . j r ,s'`.4. k k ey i .*.7.,,.Y y. n, . . • . X1.040 • RICHARD D. LAMM ,fe O Governor Iv, 7 YAsa O JERIS A. DANIELSON State Engineer *470 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 August 28, 1984 D 5J �1 r,Tin fide 311984 Mr. James R. Mayerl - Weld County Planning Department Weld Co. Planning Commission 915 10th Street Greeley, CO 80631 Re: Lorenz Exemption, RE-703 Part of SW1/4 and NW1/4 Sec. 30, T3N, R66W Dear Mr. Mayerl: We have received the above referenced proposal to separate 170 acres into tracts of 165 and 5 acres. The proposed five acres would be used as a resi- dential tract and the applicant is seeking a well. We could make a household use only well available for the 5-acre tract. Use of this well for lawn and garden or livestock watering would be prohi- bited. If these limitations are acceptable to the applicant, we can recommend approval. We ask for a plat note or covenant to reflect the limitation on the use of the well. The larger tract is intended for agricultural use. We consider this to be a one-time exemption and thus we would be opposed to any future separations of the 170-acre tract. The availability of a domestic well for this tract will be the same as any tract over 35 acres. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma/3333 cc: Jim Clark, Div. Eng. 841040 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: C) APPL. FEE ) - CASE NO. X6 763 RECORDING FEE -1 � r ZONING DISTRICT .,4 RECEIPT NO. DATE e -3 -87 APPL. CHECKED BY /(3 TO BE COMPLETED BY APPLICANT: (Print or type only except for required 'T signatures) I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: Part of the Southwest Quarter of Section 30, Township 3 North, Range 66 West of the 6th P.M. TOTAL ACREAGE: 17B See attached Exhibit 1 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Fred Lorenz Address: 1373OWelc____County Road 25i, Platteville Phone: 785-6247 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel well Smaller Parcel proposed well TYPE OF SEWER: Larger Parcel septic Smaller Parcel proposed septic PROPOSED USE: Larger Parcel agricultural Smaller Parcel residential ACREAGE: Larger Parcel 165_ Smaller Parcel 5 EXISTING DWELLINGS: (Yes or No) no (Yes or No) no I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) �� ..� " Signature: Owne or Authorized ent g Sui,,cribed and sworn to before me this QC--) day of -.lid.ci , 19.2q.'aEAL) ‘ 4(1V/IWC //i4-2 Notary Public My :.. nrisrams a::i4es k.. lei 4988 My Commission expires: 841040 Exhibit 1 ATTACHMENT TO APPLICATION FOR RECORDED EXEMPTIONS 1. This request for a recorded exemption is submitted for the purpose of dividing 170 acres so that five acres which are not able to be farmed (since they are across the road and at a difference level than other acreage), can be sold for residential purposes. This will give additional cash to assist in the farming of the remaining 165 acres. 2. The proposed recorded exemption is consistent with the Weld County Comprehensive Plan since the property lies within three miles of the Town of Platteville and is in an area which is with some other residential plots as shown on the attached sketched map, marked as Exhibit A. 3. This proposal is consistent with the intent of the District in which the use is located. 4. An additional residential unit would be compatible with the existing surrounding land uses. 5. The proposed recorded exemption for residential purposes would be compatible with future development of the surrounding area as permitted by the existing agricultural zoning and future development projected by the comprehensive plan of the County, as well as the adopted master plan of the Town of Platteville. 6. This recorded exemption will not be inconsistent with efficient and orderly development. 7. If this proposed recorded exemption lies within an overlay district, it complies with the overlay district regulations. 8. A copy of the Deed placing this property in the name of Fred E. Lorenz and Mary L. Lorenz, is attached. A copy of the contract for sale to Michael R. and Deborah N. Priest is attached. 9. All required fees have been paid. 10. A sketch plan of the property and the proposed division of the property, including an access easement proposal and existing structures and easements is attached as Exhibit B. 11. The proposed land division would be in excess of one acre, being proposed to be five acres. 12. Well water is available on the larger parcel and a well would be proposed to be drilled on the second smaller parcel. 13. A septic tank would be installed for the proposed second lot. 14. Access will be available to an existing public road since the parcel is adjacent to a public road. 15. The proposed division is not a part of a recorded exemption approved within less than five years of any previous recorded exemption and is not a part of a subdivision. 16. The use of the recorded exemption does not evade the requirements and statement of purposes of the Weld County Subdivision Regulations. 17. There is adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County since this is already a developing residential area. 041 (1A(1 • t • • • • • . t t • t ; i i • I. 1 t I l,., ; ,.• ,.• 3 3 I, i „ \ `; a .t i t • • %eq.' , _t i 'UI t i d! ; i� VI ' J) i ' �( � : J V Q �/ ;s t i i \ G" I• 4. `)o i i 1 p .-I I _ .4 • . • • • I • _. �...:.... ..._.—._ _.._. —.r— 1r1 f ll I 1 -..:.-_± .... • Ili ! • I I, I„ - 1 .--,•-•:-.---• i _.. II : I •--------4 i i is : 1 r ` • �� , } I , 't• = i • f • `• ' a . ; ft �'' c ` i i f 7i f I i • • 1 v • ; 1 I • •.: r '....:**$ ; 1 .. F . t. 3 , ;• ; ; I ii I I t i ! i ; t ; I' i ;' 1 t i ofl • "t ;f .i r cSl;` i t s1i'.4i %i}' ? . ! ' f '. .l4iiii' titt ' ;` . a . , t , e i 1111 , -- y; } ' I1 ; �1. i;• I I el 10401 qv-,c Exhibit A 6 • f. v* r t-Vt. "' ti . • ' Ya_' .•..td.("2 f ,J t t' lay 2 1•• + M . 4. S/A DEC 22 1965 �% O ac''g 556. Rasr�� r :dew M. ilr �.0 Rrepra Ma .-1d'7141tG2.-.jr -iFW�i.. Reds. t'.a gaits eta, Made this First w d April le the t ,, 'f' • par d r Lad aye aeaaad are k1aded ed sixty-four bases• t + EDWIN C. SCHMIDT and EMMA E. SCHMIDT 11s M a dm Comity of Weld w Sens el C nod%el the i pax:, Arm FRED E. LORENZ and MARY L. LORENZ II • I d C d' Weld ea Syr d CelewM of Or w�, m ..coed All: t e `` I WITMRYETM:That W s a parties el We Skit pen r w r.,,.U_ ee el the se d f. C:' Tee Dollars{ and other good and valuable considerations--RHEtfl 5 M We am pen i•s a♦W son oars r mew oat to the mid NNW d the Need plat the roeOp .hood la e • �, booby eedAAd w .ekeewhdrd M e v rape* brpel ed,add tad N.eeyed.sad h p these entire de rob beripala, oR convey w eaatr was W sold prdee a the stead pat.to pass eat r tern la errs "Y..' bet r Jde,.'fly Ns solver d WA We bo des Solt RN end n w walla d suck rot rower,en We(a, { r. lathy deW rl lot et peed dui W.sass,treat sad base r W 1i. Clete qf Cahn*test: oa The South Half of the C Northwest Quarter]d(SkNWk), the dNorrth Halt ofthe o Southwest Quarter (Nk8W4), and the Southwest Quarter of the Southwest Quarter (SWkSWk) of Section Thirty (30). in Township Three (3) North. of Range 66 kestj of the 6th ?. M., Weld County, Colorado, except one (1) acre deserlbrd as follows: Beginning at the Southeast corner of p the Northeast Quarter of the Southwest Quarter (NEkSW$) of the above -...;W ^• described section; thence West 40 rods' thence North 4 rods; thence .6 t East 40 rods; thence nowth 4 rows to the plecq of beflnptpg; except ' easements as described in instruments recorded in Book 962 at Page 1 261, Book 1020 at page 212, Book 1089 a Page 145 Nook 1228 et pat 484. and in Rabic 1I,16 ♦♦t Page 550 Weld CCoupf ecbrds; •x t Parcel' , ' of land as conveyed by deeds g recorded n Book 999 at Page 133 Book „f. 1016, at P • S5B Book 1020 et Pose 116 Book 1046, at page 19 And 'I1,0 in Book 1491, at ('age 567 WelCounty Retards; except a tract of and 1 - described in Final Staling of Court ree rded in Book 1019, at Page µ .T 2$5 We id County Records; except r hte oFp access to and c many part of the right ofwa of d cblore State H11 hw}Y No. 3 as conveyed o the the D•pertalelnt of High4'ay•, State of Colcretin, `CONTINUED ON REVERSE SIDE) r TOGETHER with en sad Saki the hrerrents w appwteeences th' s.to beaten or la ray wed t • R' • apperWag. ed We tMr.ine w .,. ....► remainder ad .maieder4 rents, awes sad polite Wined; mid 4^ i- an the Mate,$ ht,tee,Issas,dand aia decd wMtsNwr el the aid part 1 t e el the Skit part,Other r T ' {.. law or acuity, a, Nand ad bemired to the above bepavane,edpavane,the heredksar.te and app.rw Na r. (, , { TO HAVE AND TO HOLD We sold ptoWne above bwaWd w charted MN aspwrlrN+.•Will the 'lll I. said parties of the awed prte 5e survivor d them Weir Nano and We heir.w.ales a adb seMee for- ever. Ad the sold pan is Woof the 6A pen,I.ate solve•s Mira. matters,tan, w darreaan. S. ' cone**. past tats_ tend bush sad ta tend with the aid srch a the sicced part. We r,Mr el Sa their N..ire end the heirs sad raga el orb test_.that A the tie d We e,uiiet and d.S.erg a the pnnWa , i they are well Nerd el the peal.allow awned.I N of good. are.Print•MOWN w rrleWYr as . ; d lahetkrave,le law,r fee dept,w he y rood*ht. Ian power and lewtl usoerky to grub beery. ,i ,'. t.. ND w convey the ANA is n.mir amain dWteeid,ad that We ram a free w clear Ins in knew and . f!- - other psaw, WOOS. aka Ire, Nan, asetrapats and reaabrac s d whatever kind r:era Mawr: ' Except taxes for the year 1964, du• and payable in 1965, which ° ' the grantees herein assume and agree to pay. Sir '` { and the shove berNaed pre_.r the Nat sad peaceable pneeesre el the old prr1W a W wool PAM W ,w,icw a that their ameen sad the Mae ad es.le.d.soh senior,spasm.0 aid ore pew et pew • loamy shines te w SS is slate a min past tared.W aid pestles else One pan den and wH t`'. 't..,_. WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. he Wald prdesd the Ant pen love hareems eat Chit i TINS s WA .Cr" .ale We b w peer 6d ekes wSWr a t'= el Sip. Sabi W Mated r the Pruner d t ". CfE�55,L•Kra �(RHI1W 'y ,� • ��{y. Li 4' ,.. Nit .4 NI. r N :r.tPh.a. ,:'}pCc d' ,,if Id :fix gaf�rJr t Ctfl illcYlt_._ (WEAL) s WWII z _(SEAL) �4 re ��tADO.I- The SMONDDyerur.Wt April bad h7 EA antra No NY�e.`...and4•7W ' »#. i set 4 S� r ,o-►� I3 84104 t wk.e Rb tw w aster w �P ;ti oC a January 61_1968+ 4,.�. p 4 camas Erg.. ' D !J W ARRANTT DEfD--T. )alai T.rr•-Tv55 Old+.Gnat a 4' _ oiI Jr� �`a � I�CTi as 1 p y 1p1p1p 1 1 ♦ j 9f a - - ��" i I 3 3 i#, , I • i e _ x ".A ...q. i ," t I J e i _ b • r` - i IT 7 % F 0 / 'II, x 05 f . i ✓ M V c.4 p " 3i F • 1f y 1 f i m CO i i i I The printed portions of this form approved by the Colorado Real P,at ate t'ommiasion(SC 25-12-77) SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH) II - .Platteville_ Colorado_ ..-_____ _ _ .._July_---__-__- —_.19_al_ iI RECEIVED FROM -_P7lchael_R—and_Dehorah N.._Priest__. _ ._ _.. _. __—._.__—_ Purchaserlas joint tenants).the sum of $100.00_ ___. ___ _—,in the form of _Check _. _._—_ to beheld by -._ .._ Betsy_B._harowsky___ _—_._____- __-. ,broker,in his escrow or trustee account, i as earnest money and part payment for the following described real estate sit❑ato in the - - ___._._.___.__ , ' County of -._.-. 11.eld_ __._... _._,Colorado,to wit: 5 acres - description to be obtained from engineers by July 20. South of oil company road. 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 which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of III $ 2,5011-f10 _ ___--- payable as follows:$__100.0(1 _— - __ _hereby receipted for, ; $_ _2,400.00 _ cash at closing. l Cost of any appraisal for loan purposes to be obtained after this date shall be paid by _.__ _. I' ll 1. If a note and trust deed or mortgage is to be 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 i rate not tr exceed . _. ..Z. per annum. If the tendon's consent to a loan assumption is required, this contract is expressly conditioned upon obtaining ex cept p such consent without change in the terms and conditions of such loan exec t as above stated. ' I: If a secured or unsecured loan is to he carried by the seller,seller shall not be obligated to carry said loan for any ;I person or entity in lieu of the purchaser named herein. I 2. Price to include the following personal property: NON N I to he conveyed by hill of sale at time of closing in their present condition,free and clear of all personal property taxes, 1 liens and encumbrances,except: n and except any personal property liens in any encumbrance specified in paragraph 5. j The following fixtures of a permanent nature are excluded from t.his side: 2. Price to include the following water rights: NONE I. 4. An abstract of title to said property,certified to date,or a current coin in it ment for title insurance policy in an I I I amount equal to I he purchase price, at seller's option and expense, shall be furnished the purchaser on or before 'I August 31 84 ____ _ - ,19_ _.If seller elects toturnish paid title insurance commitment,seller will I deliver the title insurance policy to purchaser after closing and pay the premium thereon. 5. Title shall he merchantable in the seller, except as stated in this paragraph 1ph and in paragraph 12. Subject to i I payment or tender as above provided and compliance with the other ter ms a nd conditions hereunder by purchaser, I the seller shall oxecute and deliver a good and sufficient _ general warrant y deed to said purchaser on September 30 le_. 19 _84,or,by mutual agreement, at an e;ni r date,conveying said property free and clear of all taxes,except the general taxes for 19 ___,payable January 1,19 .and except — — _— —F I free and clear of all liens for special improvements now installed, whether „acssed or not; free and clear of all liens and encumbrances except: - 840040_ - No.MC 25-12-77.5 pe rific Performance Contract(Farm and Ranch) t Irad0.riF i,lirin, -fa_i'Ine W r-. r , 1 C,-L,nJranral i,ny•'toh44-4-tn . 1 z and except the following easements: and subject to building and zoning regulations and the following restrictive covenants: 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 shall be apportioned to date of delivery of deed. 7. With respect to the growing crops the seller and purchaser agree as follows: 8. The hour and place of closing shall be as designated by Betsy B. K$rowsky 9. Possession of premises shall be delivered to purchaser on date of closing. 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 5, 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: 14. If this proposal is accepted by the seller in writing on or before __ l9_—__, 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 urchu)er Date � ;GO Ct.' 7 /, ; /� _�t^ Y By: Purchaser Date Seller accepts the above proposal this ——_ .day of _,19 _and agrees 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, f�but �� not to exceed the commission,and the balance to the f brI Seller Selie Purchaser's Address Seller's Address _ WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES_ STATE OF COLORADO) COUNTY OF WELD ) The Security Abstract Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that is has made a care?ul search of its records , and finds the following conveyances affecting the real estate described herein since August 30, 1972 . LEGAL DESCRIPTION : Part of the Southwest Quarter of the Southwest Quarter of Section Thirty (30) Township Three (3) North, Range Sixty-six (66) West of the 6th. P.M. Eccpt`_'I tact of land 209.5 feet by 239.5 feet. County of Weld, State of Colorado. CONVEYANCES ( if none appear , so state ) : Reception No . (None) , Book Reception No . , Book Reception No. , Book Reception No . , Book Reception No . , Book Reception No . , Book Reception No ., , Book Reception No . , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of The Security Abstract Company of Weld County COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, The Security Abstract Company of Weld County COMPANY , has caused this certificate to be signed .y its proper officer this 26 day of July , A . D . , 1 9 84 , at 7:45 am o ' clock. The Security Abstract Company of Weld County COMPANY BY /1 14/ r• ZE GN'A�TURE 814040 a F F AFfF HrNP JG SERVICES PHONL (3031 356 4000 EX T. 015 10TH STREETLT GREELEY COLORADO 80631 II'lige CASE NUMBER RE-703 August 13, 1984 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Fred Lorenz for a Recorded Exemption The parcel of land is described as part of the Sw4 and part of the NWT, Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is approximately one (1) mile south of Platteville; north of Weld County Road 28 and west of U.S. Highway 85 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 August 3Q. 1984 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 s . y r , ur en anner eill.04Q S :rjg RECO' ,DED E PflON NO. r9 () DATE: DECEMBER 18, 1984 SHEET /1 OF 3 OWNERS : FRED E. LORENZ and MARY L. LORENZ e`�Y� _Si / 13730 WELD COUNTY ROAD 25-1/2 L� PLATTEVILLE, COLORADO 80651 / / -TSB LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO BEING THAT PART OF A PARCEL PREVIOUSLY DESCRIBED IN BOOK 556, RECEPTION NO. 1478362, WELD COUNTY RECORDS , LYING WEST OF U.S. HIGHWAY NO. 85 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 30ATO THE BEARSOUTHWEST 00g025' 38" EAS SAID T WITHSECTION ALL3OTHER B CONSIDERING CONTAINEDWEST SAID HEREIN BEING RELATIVE THERETg; THENCE NORTH 00 25' 38" EAST, 3949.17 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE SOUTH 89 28' 45" EAST, 1859 FEET, MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF SAID U.S. HIGHWAY NO. 85; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF A PARCEL DES- CRIBED IN BOOK 1020, PAGE 116, WELD COUNTY RECORDS; THENCE WEST, 364 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 216 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE NORTH 88° 56' 40" WEST, 657.72 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTSFR OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE SOUTH 00 12' 14" WEST, 1087.23 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN BOOK 1565, PAGE 381 , RECEPTION NO. 1336955, WELD COUNTY RECORDS; THENCE NORTH 88° 32' 26" WEST, 209.5 FEET TO THE NORTHWEST CORNER OF SAID DESCRIBED PARCEL; THENCE SOUTH 00° 12' 14" WEST, 239.5 FEET TO THE SOUTHWEST CORNER OF SAID DESCRIBED PARCEL AND A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE NORTH 88° 32' 26" WEST, 1247.47 FEET, MORE OR LESS TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS APPROXIMATELY 173 ACRES . OWNERS' CERTIFICATE FRED E. LORENZ AND MARY L. LORENZ, BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. FRED E. LORENZ / MARY�L. LORENZ NOTARIAL CERTIFICATE STATE OF COLORADO )ss COUNTY OF WELD ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THISL DAY OF,CrO Fh7h r1' , A.D. , 1984 BY FRED E. LORENZ AND MARY L. LORENZ. - /� WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES : l(/./J� /61 /9 6 /440 NOTARY PUBLI V SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON DECEMBER 18, 1984, UNDER MY PERSONAL SUPERVISION,� AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELI t*mtun, cite+eelle. l''�a 0; B•M .ms's GERALD B. McRAE, PROFESSIONAL ENGINEER AND * 66 16 k*s gt LAND SURVEYOR, COLORADO REG. NO. 6616 N f O @l ;A g,, p3 COUNTY COMMISSIONERS' CERTIFICATE 'o9T••E:�:::•••PP," THE ACCOMPANYING IS AC�fJD APPROVED FOR FILING. 'I,, tO Op t.0nO`�`tIPATTEST: � `s� COONW CLERK CBhIRMAN, QARD OF CO NTY COMMISSIONERS • DC•1/4____term--Inad 44.ta-04-4...) -I .-- Q' DATE: lgiI9FS L ...,) ,,%126 . "v C1:14,:,sp - & 1.040 G PROJECT NO. McRAE & SHORT, INC. 1227 -8tn Avenue Greeley, Colot - 84252 t RECO:-DED EXEMPT flN NO. SHEET 2 OF 3 i ell 1 ' c, I v ` 1, h 7) ' ? ' _/ CD1 SiC. 301 M , S,te of O1 g.so - — 1 ( --..; Fort y°e0ue u,,i.� c Li%LOT C i \ o' too' Goo' 900' /200' ir \ \- ,,m2 / /` ' LOT /-/ es ° � � � Scale t1"a (OOD ep �\ , ♦BBr ( 4 • I Pins found ) /90� `fiD� Co.RD. 2,9 \ !v m ' Pins sat LOCATION MAP I SCALE' 1"2000' S.89.28'5"E. 2769,41 ' ± /859' 178. YZ /vLt174SeC.5O\\_ 4 , W yi a m In O H o ��LOT B y " * /G 5 Ac. ti o Gj 74,. n. SW* Sec. 30a � a MN 0, M ti 8.102o P. T304' _ M 657 72' 660' m m ', N. 88°56'40"W m ry d Swa SKI/a Sec.30 M N ,�" a.?...1 h" t\ N (See sheet` 3 ) o 0 o N 1 LOT 4 N. o. oi 4. 8/5 Ac. _ 209.5' 8.. /565 R 38/ `^ reec. /336955 o: t 998.61' N /3/2. 58' 2595.48 /456.97' N 88 a' P6"W. N•89°39145'W LSW. Cot Sec. 30, T•3N., L9,14 Oar. Sec, 30 iSE.Car. Sec. 30 T. 3N., R.66 W. 7 3N.., R. 66 w. . 841040 PROJECT NO. McRAE & SHORT, INC. 1227-8th Annus Orsstsy, Colorado 80631 84252 _ NO. SHEET 3 OF 3 4D S 8 Pea'Sane /28. 29" '72' 0' 50' /00' (50' 300' e0 t I Sca le t f"e /00' ■ i Pins found • ' Pins sat Ext frog fence /ine Z ("ypic°/) A -Z________, LOT B . /as Ac. Vi 0 s, LOT A 3 0IF- � 4. 8/5 Ac. Gloss -0. 099 4c. R0.14! : 4. 7/6 Ac. Net ti tiff yet q 00 \t° Ot Gi 0% 1,, ti0 1; te ° 209.50' 6 34, 41.498.122'6'W 23' N $ t3ga 5 (9 0< ti Q° \'s �^ N o (Si)t P°r O 0 b O • h Pin y ` It M / ^ ssefon R.a W, 80 T h1 • (.`/� fence fine e' ti r 2.7' N 882 Z 209.So i7.s2' �o"!(/-248.86=-_ i(o.7o' WELD COUNTY ROAD NO. 287-F.-- Sou/h /ine S!v/a Sec. 30 SE cot: S.tv%a SK!%a See, 30, T.3N.,R.66W. 841040 • McRAE & SHORT, INC. 1227-8th Avenue Greeley, Colorado 80631 PROJECT N0. 84252 Hello