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Home My WebLink About810738.tiff [��T/ sen � d 51981 ? (,CIF 929 r'` Recorded at ...... ...... o'clock o'clock ,_- _ 1851411 Rec. No._. •.rt..w ? ( vi RESOLUTION State of Colorado, Weld County Clerk & Recorder RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 129 - DAVID DROEGE- MUELLER, ET AL. u 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 Q affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, co Colorado has reviewed the request of David Droegemueller, et al. , r) for an exemption from the definitions of "subdivision" and "sub- divided land" in Section 30-28-101 (10) , CRS 1973, as amended, t.• and Section 2-1 of the Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners finds that David Droegemueller, et al. , are the owners of a certain parcel of land located in Part of Section 10, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: That portion of Section 10, Township 5 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the South Quarter Corner of said Section; thence along the North- South center line of said Section, North 00°02 ' 00" West 232. 5 feet to the center line of a County road; thence along said center line the following courses: South 87°32 ' 00" West, 1700. 38 feet to the True Point of Beginning; thence continuing South 87°32 ' 00" West 7. 62 feet; thence North 64°10 ' 00" West 318 . 00 feet; thence North 44°50 ' 00" West 95. 12 feet; thence North 88°16 ' 42" East 348 . 46 feet; thence South 03°19 ' 57" East 216. 53 feet more or less to the True Point of Beginning. The applicants are requesting this subdivision exemption to enable them to apply for a recorded exemption on the remaining 127 . 44 acres. This request would not allow any addition building permits, and WHEREAS, the Board of County Commissioners has considered the recommendations of the Weld County Department of Planning Services and has reviewed the information submitted by the applicant concerning this matter, and finds that said request for a subdivision exemption should be approved. i -w .i ' i. 810738 929 1851411 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the above described parcel of land be, and hereby is, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D. , 1981. .t.- • BOARD OF COUNTY COMMISSIONERS ATTEST: !.?(T A..-1= + ,'''°44.("° -t-.�'✓ WELD C LINTY, COO RADO Weld County Clerk and Recorder _n ( ! � (Sye) and Clerk to the Board uck Carlson,/Cfhaiirman $Y= u z , (144 , rJ ._ l:s.r+aa (Aye) Deputy County Clerk l Norman Carlson, Pro-Tem AP t V AS TO FORM: //Lc (Aye) C. Kirby oun� D 7 Attorney r- T 11 .04.2 (Aye) J T. Martin K. S inmark La DATE PRESENTED: MARCH 4 , 1981 ~ r SUBDIVISION EXEMPTION • FLOW SHEET County Commissioners Meeting Date: VrQ' (u&{� Applicant: nv1tk kNioQcyQrnuo\toc cth Case #: S2. -\Zq Legal Description: li)k. .3e• cry,\n TSN 6yW Location: k Q. D ata By • Application Received 1-30 .$1 UT Application Complete ' -81 UT Letter to Applicant Drafted SE# Assigned a-441 U 1 Air Photo Map Prepared - — • Chaindexed I-1.- 81 Applicant Notified { -g Legal Approved by County Attorney - . T.O .Q Field Check by D.P.S. 'Staff a-a._%‘ v.C. • D.P.S. Recommendation Drafted a3 8\ D.P.S. Recommendation Typed Packets Xeroxed � \ CPaC History Card - Completed Rattlivu TD: 5-_,, r of County Commissioners LL :.:T February 25, 1981 Subdivision Exemption = SE-129 Applicant David Droegemueller, et al Legal Description of Property: Part of Section 10, T5N, R64W of the 6th p.m. , Weld County, Colorado. Location of Property: 1 mile east and 1 mile north of Kersey 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 approved for the followings reasons: DOES DOES NOT XX Fall in flood plain or a geologic hazard area XX Agree with the Weld County Comprehensive Plan XX Create new parcels elgible for building permits Agree with surrounding land uses XX O`.T ENTS: This parcel was previously subdivided as a separate parcel by Recorded Exemption #360. The applicants are requesting this subdivision exemption for the two (2) acre parcel to enable them to apply for a recorded exemp- tion on the remaining 127.44 acres. This request would not allow any additional building permits on the 2 acre or 127 acre parcel. Assistant Zoning Administrator VT:rg Sal-so-ano . I . APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4OOO Ext . 4O4 Department of Planning Services, 915 1Oth Street„ Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. S% OA APPL. FEE 30 on ZONING DISTRICT A RECEIPT NO. //(j/7 DATE /- 31- 337 APPL. CHECKED BY UT 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: Section 10 T -5 N, R -64 W 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: David Droeqemueller trustee of Droeqemueller Trust Address : 27451 Weld County Rd. #388 Kersey, CO S}pb4y Phone352-7086 or 353-3917 Name: Robert M. Aragon $ Bernedette E. Aragon Address: 27205 Weld Cty Rd #388, Kersey CO R obyy Phone 356-7375 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. 6/2Wid ;22-7 r . ��. .L!mow COUNTY OF WELD ) 4j ,; J STATE OF COLORADO) Q Signature: Own or Authorized Agent Subscribed and sworn to before me this 7/" day of January 19 81 • SEAL -, /7, . _I--M---- . Notary Pub" , My Commission expires: k LEGAL DESCRIPTION That portion of Section 10, Township 5 North, Range 64 West of the 6th Principal Meridian, { County of Weld, State of Colorado, more particularly described as follows: .;eginning at the South Quarter corner of said Section; thence along the North-South centerline of said Section, North 00°02'00" West 232.52 feet to the TRUE POINT OF BEGINNING, said point being on the centerline of a County Road; thence along said centerline South 37°32'00" West 1700.33 feet; thence leaving said centerline North 03°19'57" West 216.53 feet; thence South 33°16'42" West 343.46 feet to a point on the centerline of a County Road; thence along said centerline the following two courses: North 44°50'00" West 573.33 feet; thence North 65°28'00" West 127.53 feet to the West line of the Southwest Quarter of said Section; thence along said West line North 00°17'02" West 1803.67 feet to the West Quarter corner of said Section; thence along the West line of the Northwest Quarter of said Section North 00°14'55" West 498.53 feet to the centerline of the South Fork of the Ogilvy Ditch; thence along said centerline the following courses: South 49°10'33" East 173.13 feet; thence South 45°53'23" East 133.82 feet; thence South 54°49'13" East 144.74 feet; thence South 59°23'12" East 163.68 feet; thence_ South 51°13'37" East 250.24 feet; thence South 53°04'31" East 283.50 feet; thence South 69°13'23" East 76.20 feet; thence South 73°31'25" East 73.73 feet; thence South 83°37'20" East 316.25 feet; thence South 86°04'36" East 119.34 feet; thence South 76°11'18" East 77.29 feet; thence South 79°06'23" East 225.39 feet; thence South 69°51'15" East 201.70 feet; thence South 79°06'16" East 160.94 feet; thence North 84°04'16" East 93.23 feet; thence North 65°03 '59". East 193.33 feet; thence North 57°47'27" East 162.86 feet to the North-South centerline of said Section; thence along said centerline South 00°02'00" East 2096.82 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 Southwesterly, Southerly and Easterly sides thereof. The above described parcel is subject to a 50.00 foot wide reservation for right of way and access for the South Fork of the Ogilvy Ditch along the Northerly 50.00 feet thereof. The above described parcel contains a gross acreage of 126.98 acres more or less. • January 26, 1981 Weld County Commissioners Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Proposed Subdivision Exemption Dear Sirs: This letter is to explain the reason for a Subdivision Exemption. In December 1976 I applied for a recorded exemption 0963-10-3-RE360 and this was granted to split off 1 acre with improvements. At this time the request was to sell off a set of improvements that had no value to the farm unit. and reliable renters for rural housing didn't seem to available. At this time I had no intention of the need to split off any further property. At this point in time I have incurred certain financial obligations and difficulties through operation loses in my business and farm. I am in the process of obtaining a partial release on lot A of the attached survey. The lender or mortgage holder have given their approval for the partial release. With this accomplished it allows me to obtain long term financing through the Federal Land Bank Association however, they have stipulated in their loan commitment that prior to closing the loan it will be necessary for me to obtain the herein requested Recorded Exemption. With this accomplished I can clear up my financial obligations and continue on with my plans in the operation of my business and farm. After talking with the planning staff they stated the Board of Comm- issioners recomended to apply for the Subdivision Exemption on the one acre parcel, Aragon's, and apply for a Recorded Exemption on the farm split. If you have any questions or need further clarifications, please do not hesitate to contact me. Sincerely, Bernadette Aragon 6 Robert Aragon ave Droegemueller DD/jr �E E Q FIELD CHECK FILING NUMBER: __ SE 1a DATE OF INSPECTION: a- QO -t NAME: to„ d prnetevn unller P a I REQUEST: C� LEGAL DESCRIPTION: P' , S c -cc n k n TSN 6L\ V I LAND USE : N (\g ri. Cu v rC.,1 E J '( S LI 11 Ii ZONING: N A�,rrr„,1 ,,, LOCATION: \, !YYN file, east and E �� t n-i1t Y\Or44 sj KO"Sal S �� t W li COMMENTS: \ 1 ccP�Cnf�Yn.�ne nno S .nn�1 r t� '1ou.n� i_1S p�t� C�• („o &Ad A�v�o ervi Aiil.o. AN- O trz-+�a,� SLQ.& u.,;.44.4u.,;.44.4 Cr' e cols . t mo&rcPI QV IS atr4 An '6 ee,.f\t,, Rood 3%? L 5rn ue l sus-Crises). BY: LC1lce taxies 804-79-011 A ,�yy -• v .. g�� ,� 35 !«J .:_ -___��"SIC-.._ _ / '_ �. _ .a,. a_..__ _.__:--__ _ Le • , . • I • • _ I / r r . . .,.. il ..-''''''....."••• . ,YitTh . . _ _. 4,,,,, l• Q II O .� • ♦ (I •� t ojai-i__ / !1 • I • I� - .7{ ) ,}> ' ]jam • a ,; , Il i.4 .- is o 1. II „. • ! , ,I ill • �3;I �.• 1 M M• -, b; n ,', 4643 • s / .� h 4tS0 • fi w�� t'r �.. .. W - a..a� -•41,,,: M ' . .ma y ' v '�.• 'r,l� r`�`. ..�f•.�, y.erc r. / ; ,� � : ti y '1 •�. � - ',.,; 114i •` . ' - : "i 11 E.. .. a.I • i .10 t +C` tz „ , ? ti y - 9 r r,, . - - .. a Ap..„ 4 , \,.. _ . •z 4 � • nrjil v+.. , ., r..✓ .? •.• ASA. ti / _ t..-w l• .. - , ,• • ,, . Il • / . ` . \ ` -"'1 t fir 1 s:-- yrr WK • . .,.. NI, Niiiier-‘i,. .4.4 IIIIII, • j " .• - - ; I i <HI '' - ‘ \ \1/4 I. * • . - y II lit. ti ,........ • ik„ _ �_ ` `y c.11 f r !I (h� l t.f� 'I '4. o it ,. '. - t, 11.1\ Irliciplikk i. . . ;t 3 r , iiilA -. K- '� .. 1 ,...e- �•Y I. j,�,eat� ~ ' I r 21�, —.lir'IT'-...-Ii..." :. ' .0•100•00-enteva . -r -ao. la .,4 , .,riiJ l 4. • ill t , ' • . L , ill s--��`sue —_ \ - . __ _ ....}r Colt BOOK 856 .Z1o07.3f.1. '_eel n/ Oo^/y sS 'v✓ ....2(.01/5-SD ' `J .+_ VS13 c8 ' N • S y9'/n'SS"E /r7.i1/ P • ' s yr•s3 •23"6 1111;• 3 54- V1.11"C /.✓.sr•( / 3 51';7.1;"a /6 R.4.1. / t S St' 13.31'L ise.ay ' . s S 54' O4'!1"E / 271.1.' P / C / RECORDED EXEMPTION NO. S 1-1' 13'xi-a. 7/..:•'/ 0963-10-3- RE 360 December 22, 1976 S 11' =,'2s"a 71.71• I OWNER: David Droegemueller, Trustee - S E3'37'•Co"a fi.ate•I • 1 S►' ,t 1r at I C ' WDi o1-TCAA w.C.....).------•.- a s I r in S E6'04'3t••'E 119.74' I W —�1 N S 71.' ••••••".. 77.;,• / 5Cw1_tet. 1'•.a..• -a'r¢ - O 2•& •.c . •"•••• 5 7.• at.. L='•a saw.a1' / VICINITY 5C N• .A5.....,,E.5.....,,E. •"s -coo. g. 1. N / :44164611, 11 ... 4444 4 1 S 7,•0 .• 1•. ,...,,•l ../ C. e9 . [ - / • ,a 10• � 10�- — FORK I4 Sr o4.%%e••.. nal • I 04 l•S• C•'SO-a N7.st•\ •. .. ~ ws•. • ��.' va • . N 57•V7•Sin S /1.2.16• \ 30• Go..ti TM a o....10 1i.o.1.w. s/v.Pv• c1c.1-ra.4 c.r. Z a.yg.3a. '1 a I o. tit):11-. • 1 .1t',v L 01 ) '-' ' SJv a • rv,1VV RtCORPED EXEMPTION NO. O9.S3 - 1O-3 - RE 360 �-. December 22, 1976 Of OWNER: David Droegemueller, Trustee I 11° N r 1 LEGAL DESCRIPTION /2 That portion of Section 10, Township S North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Beginning at the South Quarter corner of said Section; thence along the North-South center- line of said Section, North 00°02'00" West 232. 52 feet; to the TRUE POINT OF BEGINNING said point being on the center line of a County Road; thence along said centerline the following courses; South 87°32'00" West 1708.00 feet; thence North 64°10'00" West 318.00 feet; thence North 44°50'00" West 674.00 feet; thence North 65°28'00" West 127.53 feet to the West line of the Southwest Quarter of said Section; thence along said West line Nort 00°17'02" West 1808.67 feet to the West Quarter corner of said Section; thence along the We line of the Northwest Quarter of said Section North 00°14'55" West 498.58 feet to the centerline of the South Fork of the Ogilvy Ditch; thence along said centerline the followin courses; South 49°10' 33" East 173.18 feet; thence South 45°53'23" East 183.82 feet; thence South 54°49' 13" East 144.74 feet; thence South 59°28'i2" East 168.68 feet; thence South 51°13'37" East 250.24 feet; thence South 53°04'31" East 288.50 feet; thence South 69°13'28" East 76.20 feet; thence South 78°31'25" East 78.78 feet; thence South 83°37 '20" East 316.25 feet; thence South 86°04'36" East 119.34 feet; thence South 76°11'18" East 77.29 fee thence South 79°06'23" East 225.39 feet; thence South 69°51'15" East 201.70 feet; thence South 79°06'16" East 160.94 feet; thence North 84°04'16" East 98.23 feet; thence North 65°03'59" East 198.88 feet; thence North 57°47 '27" East 162.86 feet to the North-South centerline of said Section; thence along said centerline South 00°02'00" East 2096.82 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 alon the Southwesterly, Southerly, and Easterly sides thereof. The above described parcel is subject to a 50.00 foot wide reservation for right-of-way and access for the South Fork of the Ogilvy Ditch along the Northerly 50.00 feet thereof. The above described parcel contains a gross acreage of 127.98 acres- more or less. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision, and tha _ = • correct to the best of my knowledge and belief. 'R�11 A6R`, �p ,6 EDWARD L. :ERL R, ST . I LANFoYYOR 10:5 * * I, David Droegemueller, Trustee, being the sole owner in fee of the p above described property do hereby divide the same as shown on the j:/9�'1G SUR� OPLO attached map. 'e - „ O� 4' The foregoing certification was acknowledged before me this _: :'. day of -- _1--,-,a11,-' , 19y_. My commission expires ic--tc/ -,Q2 . i Notary Public . / '.7> , - /_,..-,--2,..r cy,j ,( . Witness my Hand and Seal. The accompanying plat is accepted and approved for filing. A� e )10÷..n.t.. _ ',ttµ CHAIRMAN OF THE BOARD OF COUNTY COMM SSIONERS . a ^ ° 1.11 Qat awn ATTEST: County Clerk / B� Dated / 73 - 7 sr ... • ^ NOpeiy 'az " w RLCORDED'EXEMPT1(IN NI) 0963-I0-3- RE4360 pi 04. 67 Al (o5` z8 'Oo" w iz753 December 22 , 1976 _ Ovner: David Droegemueller, Trustee / / : "raal--- ------- 44../ icu�� 0". :... v i / N yy•so' oo"w GG3.76' • • j 11 r I a. S.x.F it, r'1' ,CNN, • A • r 1. C 2 .. A etr.••67 • 11. i U r PI m w 4 i J � A us I^o N H i I2-1 . VA/ RC. I 00 li C o 7 0 A A i.• ` I , M 0 I 'ill; o - I . • is I I PURPORTED COPY So • c o'nS-V' vt o..o q-o.w, 4. C.., - 5 0Oa o= ' OO " C - -f 1 ,. , I.r-:,:_ ;-1 I, 4 .I 4 k.` ^L'S.jb a'i T6.1UU ca Tel . 't r"R£CORDED EXEMPTION' No:O963 - I O-3 - RE 36 0 December 22, 1976 Of .'I OWNER: David Droegemueller, Trustee dge9 it r i. LEGAL DESCRIPTION /a' I That portion of Section 10, Township 5 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: q' Beginning at the South Quarter corner of said Section; thence along the North-South center- line of said Section, North 00°02'00" West 232.52 feet; to the TRUE POINT OF BEGINNING g said point being on the center line of a County Road; thence along said centerline the following courses; South 87°32'00" West 1708.00 feet; thence North 64°10'00" West 318.00 feet; thence North 44°50'00" West 674.00 feet; thence North 65°28'00" West 127.53 feet to the West line of the Southwest Quarter of said Section; thence along said West line North 00°17'02" West 1808.67 feet to the West Quarter corner of said Section; thence along the West line of the Northwest Quarter of said Section North 00°14'55" West 498.58 feet to the i centerline of the South Fork of the Ogilvy Ditch; thence along said centerline the following courses; South 49°10'33" East 173.18 feet; thence South 45°53'23" East 183.82 feet; thence ; South 54°49'13" East 144.74 feet; thence South 59°28'12" East 168.68 feet; thence South 4 51°13'37" East 250.24 feet; thence South 53°04'31" East 288.50 feet; thence South 69°13'28" East 76.20 feet; thence South 78°31'25" East 78.78 feet; thence South 83°37'20" East 316.25 feet; thence South 86°04'36" East: 119.34 feet; thence South 76°11'18" East 77.29 feet; l` thence South 79°06'23" East 225.39 feet; thence South 69°51'15" East 201.70 feet; thence South 79°06'16" East 160.94 feet; thence North 84°04'16" East 98.23 feet; thence North it 65°03'59" East 198.88 feet; thence North 57°47'27" East 162.86 feet to the North-South centerline of said Section; thence along said centerline South 00°02'00" East 2096.82 feet r 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 74 the Southwesterly, Southerly, and Easterly sides thereof. :;, The above described parcel is subject to a 50.00 foot wide reservation for right-of-way and access for the South Fork of the Ogilvy Ditch along the Northerly 50.00 feet thereof. The above described parcel contains a gross acreage of 127.98 acres-more or less. SURVEYOR'S CERTIFICATE • I hereby certify that this plat was prepared under my supervision, and tha - correct to the best of my knowledge and belief. •INV t' ek*.? tee 451 _cettrra el -to or EDWARD L. ;ERL R, ST E LANm3YIEYOR 10:55 o- I, David Droegemueller, Trustee, being the sole owner in fee of the Q. above described property do hereby divide the same as shown on the d'T9 T 44 -a°sua��Pp� attached map. / F' _._ Or The foregoing certification was acknowledged before me this .42/'a. day of .t. n?AJ.._ 191`• My commission expires -5--.4V-a, . Notary Public .(4..:.,-; ',7, 1 .- 7__---;2r-c.r.i - ' Witness my Hand and Seal. . 1 The accompanying is accepted and approved for "k.'` ' � '"'• plat P PP filing. ...el: 0: _ :-- t(, CHAIRMAN OF THE BOARD OF COUNTY COMM SSIONERS : 'ICS 0241 aA4,9%+ ATTEST: County Clerk Bc- -•i"tfts, sue. Dated 3 - 7 f -... ‘Y! :' . , LAND CONTRACT - ,� THIS AGREEMENT, made and entered into this r'• - ,�1: day of_ - C:±.4{-- r 1977, by and between ROBERT M. ARAGON AND BERNADETTE L. ARAGON, in the County ' of Weld, State of Colorado, hereinafter referred to as "Purchaser", and ru • DAVID DROEGEMUELLER, TRUSTEE OF THE DROEGEMUELLER TRUST, of the County of I - Weld, State of Colorado, hereinafter referred to as "Seller". WITNESSETfI: That if the Purchaser shall first make the payments ` - ,. and perform the covenants hereinafter mentioned on their part to be made and. _ f erformed,r the Seller hereby covenants and agrees to convey to the Purchaser, in accordance with the terms and conditions hereinafter set forth, a good and - sufficient Warranty Deed, free and clear of all liens and encumbrances, the following described property, To Wit: That portion of Section 10, Township 5 North, Range 64 West _ of the 6th P.M. , County of Weld, State of Colorado, more - - particularly described as follows: Beginning at the South Quarter Corner of said Section; thence along the North-South center line of said Section, North 00°02' 00" West 232. 5 feet to I the center line of a County road; thence along said center line the following courses: South 87°32' 00" West, 1700. 38 feet - to the True Point of Beginning; thence continuing South 87°3 '00"- ' ?6 ' - West 7.62 feet; thence North 64°10'00" West 318.00 feet; thence; North 44°50'00" West 95. 12 feet; thence North 88°16'42" East - _ 348.46 feet; thence South 03°19' 57" East 216. 53 feet or more or e -., _ less to the True Point of Beginning. - X , At and for a total purchase price of Twenty Thousand Two Hundred Fifty Dolla ($20,250.00) , payable in the following manner: 1-. The sum of Two Thousand One Hundred Dollars ($,'_,100.00) heretofore • paid by the Purchaser and receipted for by the Seller. r - 2.. The principal remaining balance of Eighteen Thousand One Hundred - ' - 'Fifty Dollars ($18,150.00) to be payable as follows: Purchaser shall x contemporaneously herewith execute a promissory note payable to the Seller - in the sum of Eighteen Thousand One Hundred Fifty Dollars ($18,150.00) hiai nq fI . interest at the rate of 9% per annum, payable in 20 years of monthly installment .. :.payments of principal and interest. Each installment payment: conmreuciuq- in :`` ° '' - July of 1977 continuing for a 20 year period shall be first applied to accrued w "interest and then to principal. Tt is further agreed that the Purchaser can `t prepay the entire remaining unpaid balance of principal and interest at. any _ time after January 1 , 1980, without prepayment penalty being imposed by the = 411 ., Seller. . iii: . The parties stipulate and agree to the following covenants, terms; + and conditions, To Wit: I . 'it is agreed between the' Seller and the Purchaser that Glen . Droegemueller, is hereby appointed as Escrow Agent for the purposes of this Land• Contract. It is agreed that the Seller shall deliver to' said Escrow Agent Warranty Deed of even date herewith, conveying said premises .to Purchases free and c]ear of all liens and encumbrances, except for property taxes for each . year subsequent to 1 976. , 2. It is agreed that the Purchaser shall deliver to said Escrow „ - Agent; the following items: (a) a Quit Claim Deed conveying all right, title,• ' - , ..and interest in and to said real estate described in this land Contract to the - Geller, (h) a promissory note iri the principal amount of $18, 150.110. . 3_ All documents described in paragraphs 1 and 2 of this Agreemeiut - are to he held by the Escrow Agent until such time as the full purchaso pri'c-c .,',' ,for the property has been paid by the Purchaser or an event of default occurs an appropriate notice of either event is delivered to the Escrow Agent. . 4. Possession of the above described premises had been delivered to • tr the Purchaser on the date of closing, which is designated to be July :30, 1977. +l5. It is agreed that the Seller shall pay in full the 197G property tv. Saxes the property above described. From that date forward the Purchaser shall be responsible for paying all property taxes which may be imposed.on said property from and after the date indicated in this paragraph. a G. The Purchaser agrees that the property shall be kept in P P Y P good leparr � and that they will not remove from the premises any buildings or other improvements that may at any time during the continuance of this contract; ' be on.said premises, without the prior written consent of the Seller. - 7. The Purchaser agrees that they shall not assign this contract or any p.rt thereof, or interest therein, without first having obtained the. e prior written approval of the Seller consenting to said assignment. It is. } • - :understood and agreed that the approval of the Seller to any such assignment • 'shall not be.unreasonably withheld. 8. It is expressly agreed that this Land Contract shall not be'- '0+r -..recorded until such time as the Seller shall have applied for and received from Weld County a recorded land exemption for the acreage described in this pa Land Contract. If such exemption is approved, this Land Contract shall be recorded immediately by the Escrow Agent. If such exemption is disapproved, a, then it is understood that a joint: notice shall be delivered to the Escrow ':gent by the Seller and Purchaser authorizing the release of all documents held by the Escrow Agent and the possession of the Purchaser shall be - treated as a month to month tenancy at a rental to be determined by the: ,,Purchaser and Seller on that date. - 9. It is expressly agreed that time is of the essence in this. contract, and if the Purchaser shall fail to make any of the payments provided r+1 err herein, or fail to keep the covenants herein agreed upon as the Purchaser a 11l -, .responsibility or any such default shall continue for a grace period of ,:r.'_., thirty (30) days, this contract- may be forfeited and terminated immnediately at the end of such thirty (30) clay period. At the election of the Seller, and 4�" in such event, the Purchaser shall. forfeit all payments made by him on this r contract, and all improvements made on said property, and such;payments and improvements shall be retained by the Seller as rent and in satisfaction and liquidation of all damages sustained by the Seller and the Seller shall haves. ' the'right to re_-enter and take possession of said premises. --10. At such time as the Purchaser pays the entire remaining unpaid principal balance of"$18,1.50.00 to the Seller, the Seller shall deliver to- + t:he Purchaser,a title of policy .insuring said property. All costs associated with the, title policy shall be that of the Seller. At such .time as the principal balance is paid in full, the cost of recording the Warranty Deed :add documentary fee for recording will be that of the Purchaser. All costs - • "associated with,the recording of the Land Contract shall be that of the '.Purchaser.- All costs associated with gaining the recorded exemption from,,:',,..- - 'Weld County shall be that of the.Seller. IN WITNESS WHEREOF, the parties hereto set their signatures en the .ay Crd year first above written. y/�- y—c- T l ' s'. DAVID DR0EGEMUELYER, TRUSTEE ROBERT M. ARAGON aP ✓ // ,r..--,_,49f n BERNADETTE E. ARAGON n . • ' ' ak• REFERRAL LIST • to APPLICANT David Droegemueller, et al CASE # SE-129 HHr. zF [r] - REFERRALS- SENT- OUT- -OIi:-- February 5, 1981 ` O REFERRALS TO BE RECEIVED BY: February 18, 1981 I U 0 C-+' f-+ Pi i Et- C� H [7 I O f-i o to REFERRALS RECEIVED County Attorney • • I ' MIETLEXICSICAMMONOWX • ( II 1 ( 0' a �om a�; DEPA=T'.',ENT OF F_.= •.,:!Ns PHONE (3031 3564000 EX- 915 10TH rrE - GREELEY,COLORADO E0: " = 1-1 --7 j1 i) February 4, 1981 `i O • CASE NUMBER SE-129 �� COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from David Droegemueller, et al for a Subdivision Exemption The parcel of land is described as part of Section 10, T5N, 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 east and 1 mile north. of Kersey 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. 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. 21z 2930. j rico , Signed Agency ,t)- .$ �'� Date it , \ in( Q tr 621> Assistant Zoning Administrator `e <to co OS° VT:rg cPi�`9l SlV4ti1(�\\ • DEPARTMENT OF PLANNING SERVICE; PHONE (303)3564000 EXT.404 915 10TH STREE" • _ GREELEY,COLORADO 8063' 113/4 ; ri�D February 4, 1981 " e CASE NUMBER SE-129 COLORADO . REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from David Droegemueller, et al for a Subdivision Exemption . The parcel of land is described as part of Section 10, T5N, 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 east and 1 mile north. of Kersey 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, 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 Ulek:a. ""Cco-414 - Assistant Zoning Administrator VT:rg DEPARTMENT OF PLANNI:GO SERVICES PHONE (303)35640 EXT.404 �-7 _ 510TH STREET- , `-!� _ GREELEY,CRADO 80631 4 February 5, 1981 COLORADO Mr. and Mrs. David Droegemueller 27451 Weld County Road 388 Kersey, Colorado 80644 Re: Request for a subdivision exemption on a parcel of land described as part of Section 10, T5N; R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Droegemueller: 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. If you have any questions concerning this matter, please feel free to contact our office. Respectfully, Tco..rl,,r Vickie Traxler Assistant Zoning Administrator VT:rg cc: Mr. and Mrs. Robert M. Aragon, 27205 WCR 388, Kersey, Colo. 80644 P26 .0274478 RECEIPT.FOR CERTIFIED MAIL . . NO INSURANCE COVERAGE PROVIDEO- -NOT FOR INTERNATIONAL MAIL' -: - . (See Reverse) _ - SENTTO - -David Droegemuel1er - - STREETANDNO. . - -_ • 27451 WCR 388 P.O.,STATEANDZIPCODE c ;Kersey, Color 80644 • POSTAGE - 3 - CERTIFIED FEE ¢ w SPECIAL DELIVERY. - 'vv. ¢ '¢. RESTRICTED DELIVERY - - ¢ w w W SHOWTDATEDE WHOM AND e - .- c., L+ DATE DELIVERED - rm a - F w y SHOWTOWHOM.DATE. ' . y V+ , ANDADDRESSDF - c R c. Eu DELIVERY - _ g,- w DEOW TOWHOM AES CTE. ' e: DELIVERED WITH RESTRICTED e z ¢ OEUVERY u SHOWTOWHOM,DATEANO' = ADDRESS OF DELIVERY WITH ¢ w - RESTRICTED DELIVERY _ - • . a TOTALPOSTAGEAND FEES?' ' S ®SENDER: Complete Items 1,2,and 3. ' . Al Add your nddxess In the"RETURN TO"space on . O:POSTMARK OR DATE . mum ' g - - . , m 1. The following service is requested(check one.) - 1 XOSI Show to whom and date delivered -a fi t ❑ Show to whom,date and address of delivery —q 2-681 ❑ RESTRICTED DELIVERY ro m a m Show to whom and date delivered _C ' ❑ RESTRICTED DELIVERY. Show to whom,date,and address of delivery.$_ (CONSULT POSTNTASTER FOR FEES) 70 2. ARTICLE ADDRESSED TO: jn =David Droegemuel 1 er W •a 2-7451 WCR 388 a Kersey, Colo. 80644 rnl, 3. ARTICLE DESCRIPTION: m REGISTERED NO. CERTIFIED NO. INSURED NO. Se P26 0274480 IT (Always obtain signature of-addressee or agent) • w m I have received the.article described above. m SIGN • mRE ❑Addy sr o Gull)¢ d Rent m ,1 IL Is7 nd . DATE OF DELI V FEB 141 ,, . Fl- ID a/o -ells rL['��7 fv� q• B 6. ADDRESS(Cem rite only IT row I, /,9,,_ �, n co Weld Can 8 a Pl-t eanning Canwu ka¢� m 6. 'UNABLE TO DELI agE.AUSE: 1/4 £RK'S I A C 642121 - *GPO 1979-300-459 YV' LQ a1 17escxl Q -tt,,. SE 13 5 That portion of Section 10, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at the South . • Quarter Corner of said Section; thence along the North-South - r center line of said Section, North 00°02'00" West 232.5 feet to the center line of a County road; thence along said center line 1%4 the following courses: South 87°32'00" West, 1700.38 feet to the True Point of Beginning; thence continuing South 87°32'00" •'� West 7.62 feet; thence North 64°10'00" West 318.00 feet; then-' North 44°50'00" West 95.12 feet; thence North 88°16'42" East 348.46 feet; thence South 03°19'57" East 216.53 feet or more or _ • less to the True Point of Beginning. 44 • 'mr • • • s"d Hello