HomeMy WebLinkAbout851041.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 740 - RICHARD & MARY
SITZMAN
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. 740 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 740 was
submitted by Richard and Mary Sitzman for property which is
located in Part of the N', Section 4 , Township 5 North, Range 64
West of the 6th P.M. , Weld County, Colorado, being more
particularly 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 parcels
estimated to be approximately 92 acres and 17 acres, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be, and hereby is, exempt from the
definition of the terms , "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
subject to the following conditions : 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 sixty days from the date of approval by
the Board of County Commissioners; 2) The mylar map shall show a
seventy-five foot road reservation north of the centerline of
State Highway 37 along the southern boundary of the entire 108 .3
acre parcel as recommended by the State Highway Department in its
letter dated March 11 , 1985 ; and 3) The mylar plat shall show a
twenty foot wide perpetual easement for ingress and egress along
the entire eastern boundary of the smaller parcel from State
Highway 37 to the north end of the parcel.
fJ �'
851041
Page 2
RE: RE #740 - SITZMAN
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 20th day of
March, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: (ft✓,n..i.-C1"'`, WELD COUNTY, COLORADO
Weld County lerk and Recorder
and Clerk to the Board cqu ine Jo on, Chairman
r--
- c Q EXCUSED
BY: 1,724---TA.-< .e , Ltc..-2t ,,J Gene R. Brantner, Pro-Tem
De uty County C rk
APPROVED AS TO FORM: C.W. 3
CP E. a y
✓,7 // '�
County Atto ey o lG .' 2
Frank Ya guchi
851041
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
March 20, 1985
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #RE-740
Dear Commissioners:
This request for a recorded exemption is submitted by Richard & Mary
Sitzman. The parcel of land on which this request is being made is
described as part of the N1 of Section 4, T5N, R64W of the 6th P.M. , Weld
County, Colorado. The property is located 2-1/2 miles north of Kersey on
Highway 37. 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 91.7 acres and 16.6
acres, more or less. The applicants propose to sell the smaller parcel as a
home site and small farm. They will continue agricultural production on the
larger parcel.
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 applicant has demonstrated in the submitted application
materials that the request complies the submission
requirements of Section 9-2 C. of the Weld County Subdivision
Regulations.
2. The applicant has demonstrated in the submitted application
materials that the standards and conditions of Section 9-2 F.
(1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
851041
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 9-2 C. (4) of the Weld County Subdivision Regulations. The
plat shall be submitted within sixty (60) days from the date of
approval by the Board of County Commissioners.
2. The mylar map shall show a seventy-five (75) foot road reservation
north of the centerline of State Highway 37 along the southern boundary
of the entire 108.3 acre parcel as recommended by the State Highway
Department in its letter dated March 11, 1985. The State Highway
Department's letter is attached.
3. The mylar plat shall show a 20 foot wide perpetual easement for ingress
an egress along the entire eastern boundary of the smaller parcel from
State Highway 37 to the north end of the parcel.
Respectfully, 2--t,
i
c, ce,22zeA
9(2-
James R. Mayerl
/ Current Planner
851041
STATE OF COLORADO
DIVISION OF HIGHWAYS 44e"1 4,7",t,
,,t,
H4
P.O. Box 850 e
Greeley, Colorado 80632-0850 i�Va g
(303) 353-1232 ) ao
T
March 11 , 1985 Weld Co. , S.H. 37
Sitzman Exemption
2-1/2 Mi . N. of
S.H. 34 on N Side
Mr. James R. Mayerl S.H. 37
Department of Planning Services DOH File 45100
Weld County
915 10th Street
Greeley, CO 80631
Dear Mr. Mayerl :
We have reviewed the Sitzman Exemption application and have the
following comments:
1 . Projected traffic on State Highway 37 indicates the need for a
150-foot total right of way, 75 feet each side of the highway
centerline. Additional width to meet this need should be protected
by building setback, reservation or, preferably, dedication as
permitted by local regulations.
2. According to the application, access to this property will be
obtained through the existing driveway(s) on S.H. 37. The driveway
to the smaller parcel should be adequate to serve the new single-
family residence and farming operation, therefore, no Access Permit
is required.
3. The exemption sketch plan shows a 20-foot pipeline right of way along
S.H. 37 and County Road 53. The portion along the highway should be
located outside of the recommended 75-foot highway right of way.
Thank you for the opportunity to review this application. Please
contact Wally Jacobson at this office if you have any questions.
Very truly yours,
ALBERT CHOTVACS
DISTRICT ENGINEER
i
` '`9 �
ohn K. �ier
JKC:mbc istrict Planning/Environmental Manager
cc: A. Chotvacs
D. Yost
Area Foreman
h&I 13�n
File: Crier-Jacobson 0 r �I ii-W l
Weld Co. Maw* Cnmmisso, 851041
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IX 851041
FIELD CHECK
FILING NUMBER: RE-740 DATE OF INSPECTION: March 11, 1985
NAME: Richard & Mary Sitzman
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the N1 of Section 4, T5N, R64W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 3 miles north of Kersey; north of State Highway 37
and east of Weld County Road 53.
LAND USE: N Crop production and residence
F Crop production
S Crop production and residence
W Crop production
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agriclutural
COMMENTS:
Access to the subject site is from Highway 37 a paved road. There are no
improvements on the site. Two small lots with one residence on each lot are
situated between the two proposed parcels. The site is presently in crop
production. A dirt road, ditch and telephone lines separate the larger
proposed parcel from the smaller.
i
By:
s R. Mayer)
C rent Planner
851041
APPLICATION FOR
RECORDED
EXEMPTION
RICHARD & MARY SITZMAN
851041
TABLE OF CONTENTS
1. Application form.
2. Certificate of conveyance.
3. Specific Performance contract to purchase between Richard
and Mary Sitzman, seller, and Ronald and Ruth Brungardt.
4. Statements of fact answering feasibility and compatibility to
comprehensive plan, Weld County.
5. Recorded exemption sketch.
6. Proposed land usage of requested recorded exemption.
851041
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
•
•
FOR PLANNING DEPARTMENT USE ONLY: •
APPL. FEE
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE — APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described property
be designated a recorded exemption by the Weld County Board of County
Commissioners. LEGAL DESCRIPTION: The South Half of the Northwest Quarter(S1/2NW1/4)
and the Southwest Quarter of the Northeast Quarter (SW1/4NE1/4) of Section Four (4)
• Township Five (5) North, Range sixty-four (64) , West of the 6th P.M. Weld County,
Colorado except right of way as conveyed by Deed recorded in Book 1067 Page 193,
Weld County Records and except a parcel of land as conveyed by Deed recorded under
Reception No. 1512152, Book 590, Weld County Records.
TOTAL ACREAGE: 108.30
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes x No
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes x No
FEE OWNERS OF PROPERTY:
Name: Richard Dale Sitzman and Mary A. Sitzman
Address: 26271 Weld County Rd 60, Kersey, CO 80644 Phone: 353-8918
Name:
Address: _ Phone:
Name:
Address:_ Phone:
WATER SOURCE: Larger Parcel North Weld Smaller Parcel North Weld
TYPE. OF SEWER: Larger Parcel septic Smaller Parcel Septic
•
PROPOSED USE: Larger Parcel Farming Smaller Parcel Farming, urban living
ACREAGE: Larger Parcel 91.70 Smaller Parcel 16.60
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. y// 7
COUNTY OF WELD ) b �K (2 t S fri- )
STATE OF COLORADO ) By Richard D. Sitzman and Mary Sitzman
Signature: Owner or Authorized Agent
• Subscribed and sworn to before me this 14th day of February , 19 85 .
(SEAL) p
Jar . . I/ Iii
Notary Public
Thomas S. Opdyke
1309 10th Avenue
May 22, 1988 Greeley, Colorado 80631
My Commission expires:
851041
CERTIFICATE OF CONVEYANCES WELD COUNTY PLANNING COMMISSION
STATE OF COLORADO)
COUNTY OF WELD)
THE SECURITY ABSTRACT COMPANY OF WELD COUNTY , TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it has made a careful search of its records ,
and finds the following conveyances affecting the Real Estate described
herein since August 30 , 1972 .
LEGAL DESCRIPTION :
The South Half of the Northwest Quarter (S1/2NW1/4) and the the Southwest Quarter
of the Northeast Quarter (SW1/4NE1/4) of Section Four (4) , Township Five (5) North,
Range Sixty-four (64) , West of the 6th P.M. , Weld County, Colorado except right of way
as conveyed by Deed recorded in Book 1067 Page 193, Weld County Records and except a
parcel of land as conveyed by Deed recorded under Reception No. 1512152, Book 590,
Weld County Records. (Copies of exceptions attached)
CONVEYANCES ( if none appear , so state ) :
RECEPTION # 1687546 , BOOK 766
RECEPTION # 1706276 , BOOK 784
RECEPTION # 1766087 -' , BOOK 844 •
RECEPTION # 1981277 1 BOOK 1043 •
RECEPTION # BOOK
RECEPTION # , BOOK
RECEPTION # , BOOK
RECEPTION # , BOOK
This Certificate is made for the use and benefit of the Planning Commission
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 Security
Abstract Company of Weld County is hereby limited to the amount of the
fee paid for this Certificate .
In Witness Whereof , The Security Abstract Company of Weld County has
caused this certificate to be signed by its proper officer this 4th
day ofFebruarX A. D. 1985 , at 7 : 45 A. M. O ' clock.
SECURITY ABSTRACT COMPANY
OF WELD COUNTY
AUTHORIZED /SIGNATURE
8S1041
•
ki
The print en portions oft his form approved by the
Colorado Real Estate Ccmmisslon I SC 25-2.e I,
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD, LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
January 23 ,19 85
1. The undersigned agent hereby acknowledges having received from Ruth Brunqardt
the sum of $500.00 ,in the form of personal check
to be held by Opdyke Agency
broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real
estate in the County of Weld ,Colorado,to wit:
Approximately fourteen (14) acres in the S.W. Corner of the south half (1) of the
N.W. quarter (a) of Section 4, Township 5 North, Range 64 West.
together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a
permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary
wear and tear excepted, and hereinafter called the Property.
2. The undersigned person(s)_R nald a ndt
(as joint tenantsiyekfifilly!3/yf36194)/9 1 , hereinafter called Purchaser, hereby agrees to buy the Property, and the
undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions
stated herein.
3. The purchase price shall be U.S.A 5D,000 ,payable as follows:$ 500.00 hereby receipted for;
$49,500. to be paid in cash or certified funds upon delivery of the deed plus customary
closing costs.
4. Price to include the following personal property: NONE
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,
liens and encumbrances,except:
NONE
and except any personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a
permanent nature are excluded from this sale:
NONE
•
5. Price to include the following water rights:
One-half share of capital stock of New Cache La Poudre Irrigation Co. , one share
of capital stock of Cache La Poudre Reservoir Co. , and one and one-half shares of
Cooke Lateral Co.
6. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)
apply for such loan,(b)execute all documents and furnish all information and documents required by the lender, and
(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before n/a
19—,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and
things of value received hereunder shall be returned to Purchaser. � �)
0
• � 2 tV
851041 �'7
No.S(- 25.1-d1.Ihmtract I.it,,nu.I Soil Root K.t air I Perm Ranehl
Li n bnJ 'n LL.ln n,. n .. lV nit, ]v,. I.n,.9Vnn.l. nlnwdn Xn_'ll—_.1:4.Ji,u—_nl
r :
7. If a note and trust deed or mortgage is 1(i be assumed, I-u-cijaser agrees to apply for a loan assumption i4
required and agrees to pay(l l a loan transfer fee not to exceed$
and(2)an interest rate
not to exceed ' n/amc. per annum. If the loan to be assumed has provisions for a shared equity or variable
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such
consent without change in the terms and conditions of such loan except as herein provided. his contract shall not
8. If a note is to be made payable to Seller as partial or full payment of the purchase price,t
be assignable by Purchaser without written consent of Seller.
9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchasers if needed.
10. 57pisitrnityyryyynti.. rmyytittyytyyv pf a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's ofi/VN/.rnexpense, shall be furnished to Purchaser on or before
, 1 u__851f Seller elects to furnish said title insurance commitment,Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
11. The date of closing shall be the date for delivery of deed as provided in paragraph 12. The hour and place of
closing shall be as designated by _Optlyke_Aig_encYY_i gooperation wtthIEA American Heritage
12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14. Subject
to payment or tender as above provided and compliance by Purchaser
with the other l termntys
deed to snd provisr aser of,ns hereof,
Seller shall execute and deliver a good and sufficient .g a---
19_ .5.. or,by mutual agreement, at an earlier date conveying the Property free and
clear of all taxes,except the general taxes for the year of closing,and except NONE
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether
assessed or not;free and clear of all liens and encumbrances except NONE
except the following restrictive covenants which do not contain a right of reverter:
Those of record that do not interfere with purchaser's intended use
and except the following specific recorded and/or apparent easements:
NONE
and subject to building and zoning regulations.
•
13. Except as stated in paragraphs 12 and 14,if title is not merchantable and written notice of defect(s)is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the
date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph
14,if title is not rendered merchantable as provided in this paragraph 13,at Purchaser's option,this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
15. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid
rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and
NONE
shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may
accrue because of this transaction.
16. With respect to the growing crops Seller and Purchaser agree as follows:
NONE
17. Possession of the Property shall be delivered to Purchaser on date of delivery of deed
subject to the following leases or tenancies: NONE
If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for
a daily rental of$ 3 4_00 until possession is delivered.
18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing
shall be on Seller; provided, however, that if Seller shall maintain insurance on said improvements which will
compensate for the full replacement value thereof, and if Purchaser elects to carry out this contract despite such
damage,Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops,
by fire or other casualty,shall he borne by the party entitled to said crops as provided in paragraph 15,and such party
shall be entitled to the insurance proceeds,if any. 7;.2
:'c, t,,,,e is o the essence here.,. if any note or check received as earnest money hereunder or any other payment'.
rue hereunder is not paid, honored or to„dered, when due, or n any other obligation hereunder ts,no; performed as
herein provided,-,. .ere ",I' be the f
:rolio v:ng remedies:
(al t. S ..r.:R IS,iN DE:A:.L ,d) Purchaser :nay elect t0 treat this contract as ter:-azed,In which Case
all payments and things of value received hereunder.shall be returned ned to Purchaser and Purchaser may recover
. ' such ; may be proper. (2) Purchaser may elect to treat contract as being in fall force and effect
and P'ur ha:ser stall have the right to an action for spe - perform-rce or d' ` -z•- ,or both.
CO) .: PURCHASER :3 :N DEFAULT,(U Seder may to treat this contract as terminated, , which case
ad payments and things of value received hereunder shah'be forfeited and retained on behalf of Seller and Seller
may recover such damages as may be proper,or i2)Seller may elect to treat this contract as being in full force and
effect and Seiler shall have the right to a action for specific performance or damages,or both.
(a) Anything to the contrary herein notwithstanding, in the event of any litigation arising. out of this
contract.the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees.
°J. Purchaser and Seiler agree that,in the event of any controversy regarding he earnest money held by broker,
' unless mutual writer,instruction is received by broker,broker shall no;be required to take any action but may awe t
any proceeding,or at brokers option and discretion, may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys'fees.
21. Additional provisions:
i. Subject to'.sellers obtaining a recorded exemption onsaid property prior to Closing. '
2. Subject to, purchasers being able to obtain needed building permits.
3. Sellers to pay for survey.
4. Purchasers shall receive one-half (1) of any and all mineral rights owned by sellers.
5. Prior written permission from purchasers must be obtained in order to drill any wells, be
they gas, coil, or water, on said property. This shall become a part of title policy.
6. The irrigation water rights alloted to this 14 acres will be pooled or consilidated with the
. • rest of the rights owned by the Sitzman property in its entirety, which is: 4 shares New
- "Cache. LaPoudre Irrigation Co. ; 8 shares capital stock of CacheLaPoudre Reservoir and
13 shares of Cooke Lateral Co. The use of the total water rights shall be- alloted to each
user in proportion to the acreage owned to the total. Thispro-ration will .be approximately .
2 days out of 14 days to purchaser. A formal agreement will be forthcoming at closing.
-(b) The purchaser will release to the seller any right that the 14 acres might .have in 46
acre' ft units of NCW as recorded in book 1044, page 10, Weld County Records. '
7. More specifically understood and agreed that the boundary lines of the approx. 14 acres are
as follows:
The South boundary line commences at the SW corner of the 51/2 of the NW and running East
• along said South side of the Nw1/4 to a certain point midway in the road running North and South
along said East side. Thence, running North along the middle of the roadway to the North
boundary line of said S1 of Nil'-a. Thence; running Westerly down the center of a proposed road-
way to the West side of said property which North boundary line is approx. 15 ft. South of
the existing ditch used by sellers; South paralleling the Cooke Lateral irrig. Ditch to the
Southwest corner which is the point of beginning. All of the above described property is
located in Sac, 4', Twnship SN, Range 64W.
„''SEE ATTACHED ADDENDUM
°2. rf tats proposal is accepted by Seller,n writing and Purdnese. re„eaves notice of such acceptance on or before
1
eanuary 28 , J85 this instrument shah become a contract between Seller and Purchaser and shall
:,t;,z'C� benefit of the:- - , successors and assigns of . rties wept as stared to in paragraph 8.
`(_/l' �' 72
r -Kit/ u/ iL�� t < 7,e.'-e-• :- Broker ERA'Ame__can Heritage Real Estate
sPc cr..a, r D.tt
Ronald A. Hrulardt
"r
ar` a."1 Brungardt D::... Y: LIZ/ //PETRSONY
g•
Purc haser's Address 20027 WCR 38S lcersev ', Colorado 80844
• (The foilowaag section to be completed by Seller and Listing Agent)
23. Seller accepts the above proposal this day of ;Hi and agrees
'
to pay a CbI""`isa:on of % of the i::CnaS2 price for services in this transaction, and agrees that, in
the event of forfeiture of payments and '^" 's of value received hereunder, such payments and things of value shah
be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the
ba.a nce to Seller.
Serrer'S address
:.istin g Dro'xer's Name anci Address Cpdyke Agency 130910th Avenue Greeley, Colorado 80631
•
uvLv
- 851041 . .
ADDENDUM
Additional provisions to the contract dated January 23, 1985 between Ronald A.
Brungardt and Ruth Brungardt as Purchasers, and Richard Dale Sitzman and Mary A.
Sitzman as Sellers, relating to the property known as: approximately 14 acres
in the S.W. corner of the south half of the N.W. quarter of Sect. 4, Township 5N,
Range 64W; are as follows:
8. Purchasers access to the said 14 acres shall be the existing farm road along
the east side of said property. This farm roadway shall be for the use„of both
parties and shall be maintained equally by.::both parties.
3
l
:�.. /. /� 1. ✓:. ` -, l &,.`.i'../ "!J 'i ii� � !�-,=r- r�.� /"v-��-r..�
Purchaser - Ronald A.' Brungardt Seller - Richard Dale Sitzman
Pu` chaser Ruth prungardt Seller -;'Mary A. Sitzman
ERA American Heritage R.E.
Broker
v.
BY:j Liz Pearson
851041
4. Purpose and reason for division:
To provide a home site and mini-farm for another Weld County resident and
businessman. The new owner seeks to plant a crop sufficient for the use of
his livestock. The main area of the farm shall remain intact and easily
accessible. (The sale of this property will make it more feasible for the
owner and provide needed capital to continue farming operations on the
remaining land. )
5. Consistent with Weld Co. Comprehensive Plan:
The purpose of the plan is to protect the property for agricultural uses.
In this instance, the acreage will still be used for agricultural purposes
in that a crop will be planted and harvested in addition to raising animals
and maintaining a rural atmosphere. The new owner is currently an owner
of a rural property in Weld County and is very conscious of maintaining a
high level of pride and respectability in his property.
This property will remain in agricultural use except for the approximate
two acres that will be used for a dwelling and corrals. The property
currently is being used for the same purpose as the new purchaser intends
to use it and the farming of it is not essential to the farming of the
remaining acreage and is actually separated from the main farm by a road
and utility lines.
7. The use to which the property will be put is very compatible with the
surrounding areas in that it will be farmed and used for a country home.
There is currently a home to the north and two to the east.
8. There will not be a problem with future development because there is a ditch
to the west and a main road on the south and it is located on a corner.
10. The purchasers shall purchase a NW Water tap for their domestic use and
install a septic system for their sewage disposal.
11. Not in flood plain
12. This property is perfectly located for this type of separation. There is
an irrigation ditch to the north and west and roads and utilities on the
south and east. It will not affect whatsoever, the farming methods or
patterns of the main area of the farm. It will also make it possible
for the seller with the sale of this parcel to continue to farm effectively
and efficiently by means of providing more capital for improving the
operation.
6. Zone District:
The remaining acres in the farm will meet with the agricultural zoning in
that after the division, there shall still remain more than the required
80 acres of irrigated property in the Sitzman farm.
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< •
BOARD OF DIRECTORS " „�'
ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE ��M�
GARY SIMPSON I y � HIGHWAY 85 LUCERNE,COLORADO 80646
W.M.McKAY �''� "'��. LYLE NELSON,MGR.
P.O.BOX 56 - PHONE 356-3020
February 14 , 1985
RE : Water Service , Richard D. & Mary A. Sitzman
Dear Sirs ,
This letter is in response to your inquiry regarding water service
to the following described property :
S 1/2 of NW 1/4 & SW 1/4 of NE 1/4
SEC. 4-5-64
1 . Water service is presently being provided to the above
described property.
2 . X Water service can be made available to the above
described property provided all requirements of the
District are satisfied .
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter, this letter shall
become null and void .
Additional comments :
Sincerely,
NORTH WE COUNT W TER DISTRICT
Ly e D. Nelson , Manager
LDN/wb
851.041
xo
RECORDED EXEMPTION NO. -4-2-RE 740
SHEET I OF 2
DATE: APRIL 11, 1985
OWNER: RICHARD DALE SITZMAN and MARY A. SITZMAN
26271 WELD COUNTY ROAD 60
KERSEY, COLORADO 80644
LEGAL DESCRIPTION
THE SOUTH HALF OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY,
COLORADO EXCEPT RIGHT-OF-WAY AS CONVEYED BY DEED RECORDED IN BOOK 1067 , PAGE 193, WELD
COUNTY RECORDS AND EXCEPT A PARCEL OF LAND AS C0NVEVED' BY DEED RECORDED UNDER RECEPTION
NO. 1512152 , BOOK 590, WELD COUNTY RECORDS.
OWNER' S CERTIFICATE
RICHARD DALE SITZMAN AND MARY A. SITZMAN BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY
DO HEREBYSUBDIVIDETHE SAME AS SHOWN ON THE ATTACHED MAP.
RICHARD DALE SITZMAN - 0 WA. SI Z' N /
NOTARIAL CERTIFICATE
STATE OF COLORADO
COUNTY OF WELD ass
THE FOREGOING CERTIFICATE WAS ACKNOWLDGED BEFORE ME THIS / DAY OF Atja
, A.D. ,
1985 BY RICHARD DALE SITZMAN AND MARY A. SITZMAN.WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES: S t.2- QS
NOTAR PUBLI e _ 1
��i T0431
SURVEYOR'S'CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION AND THAT THE SAME IS
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.CL1411Aitt
GERALD B. McRAE, PROFESSIONAL ENGINEER AND . 0 A Q T;.;
LAND SURVEYOR, COLORADO REG. NO. 6616 .??.'CV' Pt
0RC0- , '
COUNTY COMMISSIONERS' CERTIFICATE
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING.
ATTEST: elkat
COUNTY CLERK C AIR , BOARD 0 COUNTY COMMISSIONERS BCDATE: JJ gra . e / �s i
1t I l
851041
McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PR0J. NO. 85055
RECORDED EXEMPTION NO.gISSISISSINO
0963-4-2-RE 740
SHEET 2 OF 2
4626
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Scale : 1"= 200 \ e WELD
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all-NW Cot Sec. 4 SCALE: 1.2000'
NIP cot 5% NW%4 Sec.4 Nicer, Sits NE'/s Sec. 4
/5'access easement (South of Each)
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/ raze). STATE N&WY. NO. 37
C in Quarter corner Sec. 4, t 5N., 4Q$4K/. 851041
McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PROD. N0.8 5055
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