HomeMy WebLinkAbout851036.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 735 - W.S. FISHER
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. 735 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS , the request for Recorded Exemption No. 735 was
submitted by W.S. Fisher for property which is located in the Sa
SEa, Section 33 , Township 5 North, Range 65 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 5 acres and 74 acres.
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
conditional upon the applicant submitting 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 days from the date of approval by the Board of
County Commissioners .
/ 2 / '/. PI /,. . 851036
Page 2
RE: RE #735 - FISHER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
February, A.D. , 1985 .
.}}-- BOARD OF COUNTY COMMISSIONERS
ATTEST`yy''�� �_ 44.4 iwit;i WELD COUNTY, COLORADO
Weld County Clerk and Recorder \ (NAY)
and Clerk to the Board Ja que ine Jo nson, Chairman
llyy. (AYE)
134.N- 67J�cy� p/ ( wce/ ene R. Br n ner, Pro-Tem
De uty County Cl rk
c2 zic2 (AYE)
APPROVED AS TO FORM: C.W. Ki y
(NAY)
(1--_-__IM2;:: G rd . Y
County Attorney ,, (AYE)
Frank Ya uchi
e5..036
DEPARTMENT OF PLANNING SERVICES
PHONE (3031 356-4000 EXT. 4400
,,,,,,CCC 915 10th STREET
It 1v.?EEI."eY,COLORADO 80631
C.
COLORADO
February 6, 1985
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #RF-735
Pear Commissioners:
The attached application, plat and related items are in reference to a
request from W.S. Fisher for a recorded exemption. The parcel of land on
which this request is being made is described as the Sk SE1 of Section 33,
T5N, R65W of the 6th P.M. , Weld County, Colorado. The property is located
11/2 miles east of LaSalle on Weld County Road 50. 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 5 acres and 74 acres,
more or less. Mr. Fisher would like to sell the existing set of
improvements and five acres to his son and daughter-in-law.
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 submission requirements.
2. The applicant has demonstrated in the submitted application
materials that the standards and conditions of Section 9-2 E.
(1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
ri / r'Y
L. /
t'~1.4)36
Board of County Commissioners
February 6, 1985
Page 2
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 applicant shall submit an application for a Use by Special Review
permit for the ditch cleaning business within thirty (30) days from
the date of approval by the Board of County Commissioners.
Respectfully,
414co.o..¢ . . M �
Michael S. Mullen
Current Planner
MSM:js
F51036
FIELD CHECK
FILING NUMBER: RE-735 DATE OF INSPECTION: January 30, 1985
NAME: W.S. Fisher
REQUEST: Recorded Exemption on 79 acres
LEGAL DESCRIPTION: S1 SEw of Section 33, T5N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 11 miles east of LaSalle; east of Weld County Road
41 and north of Weld County Road 50.
LAND USE: N Cropland, farm residence
E Weld County Road 43, 4 residences, cropland
S Weld County Road 50, cropland, 2 farm residences, 1 residence
W Cropland
ZONING: N Agricultural
F. Agricultural
S Agricultural
W Agricultural
COMMENTS:
The subject site is 79 acres of irrigated cropland (corn) with a slight
slope to the north. Improvements on the property include: a green and
white single story residence, 2 metal garages, 2 sheds, corrals, animal
pens, 3 grain bins and an irrigation well . Construction and farm equipment
includes: 15 parked trucks, Low Boy, front end loader, 2 bulldozers, Bantam
scoop, crane, fuel tanks and other stored machinery. The proposed smaller
lot is headquarters for Ditch Cleaning Specialists, Inc. The proposed
larger lot would contain the irrigated cropland. Access for both lots
would be Weld County Road 50, a paved road. /� i(��
By: ACcJl.Lc1L-f.+.
Michael S. Mullen
Current Planner
F:1036
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LEGAL DESCRIPTION 5255-r Set 55'6 '65
CASE NO. -12E. -755
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SOIL CLASSIFICATION
SOIL NO, IRRIGATED NON-IRRIGATED PRIME
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76, -TI e S-1--e Yes
F51.036
REFERRAL LIST
APPLICANT: W.S. Fisher CASE NUMBER: -735
SENT REFERRALS OUT: 1/16/85 REFERRALS TO BE RECEIVED BY 2/28/85
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County Attorney (plat only)
Weld County Health Department
Engineering Department
County Extension Agent
Office of Emergency Management
XX LaSalle Planning Commission
VVV c/o Alberta Magill
P.O. Box 717
LaSalle, CO 80645
#284-6931
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
0
F51936
APPLICATION FOR RECORDED EXEMPTION `' `��' � 985
1
PHONE: 356-4000, Ext. 4400 1` �t)5
Department of Planning Services, 915 ]Orh Street, Greeley-] `'
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEEY !.2.S "
CASE NO. EE 736 RECORDING FEE a. dv
ZONING DISTRICT t RECEIPT NO. /3$77 c ≤7V3
DATE APPL. CHECKED BY/,5A1
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:
SW corner of Lot B of S% SE%, Sec 33, T5N, R.65W, Weld County, Colorado
TOTAL ACREAGE: seventy-nine (79)
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: W. S. Fisher
Address: P. 0. Box 288, LaSalle, CO 80645 Phone: 284-6596
Name: Leona B. Fisher
Address: P 0 Box 288, LaSalle, CO 80645 Phone: 284-6596
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Central Field __ Smaller Parcel Central Weld County
Water District
TYPE OF SEWER: Larger Parcel n/a Smaller Parcel Septic tank
PROPOSED USE: Larger Parcel agricultural Smaller Parcel agricultural business
ACREAGE: Larger Parcel approx. 74 Smaller Parcel 5
EXISTING DWELLINGS: (Yes or No) no (Yes or No) yes
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 ) — , j' t...---
STATE OF COLORADO ) frt :, '._--c z -"h-. - - ' �' 'J
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this /5 day of , 1985
(SEAL)
L-1220,6.12iL Of. 7/CULT
Notary Public
'3, / 9%
My Commission expires:
F' iO3f
January 11, 1985
Weld County Dept of Planning Services
915 10th Street
Greeley, Colorado
Gentlemen:
We, W. S. Fisher and Leona B. Fisher would like to sell the existing improvements,
consisting of approximately five acres, from our farm to our son*' and daughter-in-
law, Tom and Sue Fisher. Tom has lived in the LaSalle area all of his life and
has established a small agricultural business called Ditch Cleaning Specialists,
Inc. and he works on his equipment in the shops on the farm. Tom understand that
he may have to apply for a Use By Special Review and is willing to do so but he
wants to purchase this property regardless and we want him to own it.
Approximately four acres of this land is non-crop producing, being covered by
corrals, yard and buildings, with the remaining one acre involved being pasture
ground which is seepy in the irrigation season.
The zone district is agricultural and this recorded exemption will not affect
the zoning in appearance or useage. Tom is going to use the shops to work on
equipment owned by himself only and may keep cattle and horses in the corral and
pasture. All the surrounding farms have houses, corrals and shops on them very
similiar to the ones on this property. The property is located approximately
1% miles straight East of the Town of LaSalle and this proposal will not effect
the future development of the town.
The five acre plot is presently served by Central Weld County Water District and
has a septic tank and leech field for the house. A letter from the Central Weld
County Water District is attached. The five acre plot is not located in a flood
plain, geologic hazard area or Weld County airport overlay district.
We have owned this farm for thirty-one years and would like to be able to do this
for our son and his family. Thank you for your time and consideration.
Sincerely,
W. S. Fisher
r
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Leona B. Fisher
F51.936
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47Wel
CENTRAL WELD COUNTY WATER DISTRICT
December 4 , 1984
Mr . W. S. Fisher
P. O . Box 282
LaSalle , CO 80645
RE : Water Service
Dear Mr . Fisher :
This letter is in response to your request for the
availability of additional water service for the following
described property :
S14 SE)4, Section 33 , Township 5 , Range 65 West of the 6th P. M . ,
Weld County , Colorado .
Water service is presently available to the above described
property by tap number 531 . Additional water service
_ qan be made available to this property provided all
requirements of the District are satisfied .
Central Weld County Water District requires that contracts
be consumated within one ( 1 ) year from the date of this
letter , or this letter shall become null and void unless
extended in writing by the District .
Very truly yours ,
CENTRAL WELD COUNTY WATER DISTRICT
//'
-
/
Lorene G. Hirsch
Office Manager
LH/caa
2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Manager
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD
The Security Abstract 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:
Lot B of Recorded Exemption No. 0961-33-4-RE354 being a part of the
South 1/2 of the Southeast 1/4 of Section 33, Township 5 North, Range
65 West of the 6th P.M.
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
Security Abstract COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, Security Abstract COMPANY
has caused this certificate to he signed by its proper officer this 30th day
of November , A.D. , 19 R4 . at 7.45 o'clock.
COMPANY G
By:
, c
AUTHORIZED S S GNATURE
F5-1.036
( runs ) _
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( . \ , Recorded at (. �r o'clock' / Y.
^"} 134 S n.,f ?s)t• t
v�..I•l l.ti.i7. _ _ _'A'`T!'I . Recorder.
! I
Know all Men by these Presents, That
wc.:...T :+ and LC,' ...-, h. .. A_...
he County of e e 1 • sad State of Colorado,
stir eon.idera9„n of - they ar:1 vn.ue:,:e tons iderst'on ani Ter.-- Donut
m nand paid, hereby sell and convey to
—'— __°. and .- . 1 te:.ants 1n c ^,on
of st a County of 'n el : • and State of Colorado.
the t.dlowing real pr.pt rty, situate in the County of h!1:
An ytart of hid sad- to-wit
..__ Has: :: ) c-: t^e Y.:' .. n♦ ;tit-ter ("2-. )
;e.^ ' Tr.L ` ree I3,) , _• /lye
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_ .tats'.^. - res -_re _. -ers1 `o.'ether
w": I ?) re- 1` ,_ stnrct The
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_ t'Oe r' at • s' ,watt nvraaa
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:dl it. appurtenances and warrant the title to the amt, subject to - ^ercl '-..eq
.l.er ter, :zed or -r...._ 'r,c_ 1r =n -- 7S7.7
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wc• . .._ a r . . - __ _ ._ce . _e 1 -? ic
E r`rs ees _es and _ ree -' .-s ns ^�flt'.re - _
: te. - aces 1-tent -.3 Three - or e^ -Thok a_ - _-e
awned and delivered this ;t day of 'rd.:any •A.D. 1953.
I, the presence of wsi4"4e .____._..(SEAL)
C--.C9- -f._ _ H 004r-> F (SEAL)
(SEA-)
SI.clE Of LOWEADO.14
t,
County of Weld.
Toe foaalong lust 'talent was acknowledged before me this-?Jth-day of January
4953 , be k,. W. Webster a^a E1-er i.. uundvail.
`5rif$E.5Slry h'^i and official seal
Sinn vlirr. Jul`: 2n, 1<-;3. /
yl� \�
Notary rublyl.
•tf 6,,ulwr.l ate , ' Menu*. 'etete n•.n ear a stets:fl by rennin Vag ,tp•e.ta!gee eQ careen a as!
••y in fart. then + r -.I aeeaea�,. . tor, a data a abet cameras a dean let f W el swp•,Ys�ta+taus.
c.n• of.ncM1 uf(a�o er �.1�:.rrt .e p eeidai er e.aat d Nea w eeete'.aaa1M n.-atas cu;.
WAk PANTY DEED-Statutory Perm McVey Printery, Greeley, Colondo. n • p51036
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ECORDED EXEMPTION
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854 RECORDED EXEMPTION aa.
NO. 0961 -33-4-R 354
SHEET 'I OF 2
DATE: OCTOBER 20, 1928
OWNER: W. S. FISHER and LEONA B. FISHER
P.O. BOX 282 •
LA SALLF, COLORADO 80645
LEGAL DESCRIPTION
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 5 SN, RANGE 65
WEST OF THE 6th P.M., WELD COUNTY, COLORADO. (I`f".
„rshf
OWNER CERTIFICATE
W.S. FISHER AND LEONA R. FISHER, BEING THE SOLE OWNERS IN FEE OF THE ABOVE
PROPERTY DO HEREBY SUBDIVIDE THE S.VIE AS SHOWN ON THE ATTACHED MAP.
W.S. FISHER LEONAB. FISHER
NOTARIAL CERTIFICATE
STATE OF COLORADO) et
COUNTY OF WELD )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS,V_DAY OF Oc A.D., 1978.
BY N.S. FISHER AND LEONA B. FISHER.
MY COMMISION EXPIRES: &y /48rA'
OAT k . ------
-� WITNESS MY HAND AND SEAL: lafigideaailla
•P1-•!. . SURVEYOR'S CERTIFICATE
'ERTIFV THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION ANO THAT THE
+ T TO THE BEST OF MY KNOWLEDGE AND BELIEF.
7142 • RT A. SHORT, REGI TEED LAND SURVEYOR
4. COLORADO REGISTRATION NO. 7242
`N yO =u *i
41.4 w oo‘P.
COUNTY COI#*IISIONERS_UERTIFICA"iE_
THE ACCOMPANYING PI..AI IS ACCEPTED AND APPROVED FOR FILING.
-.%
ATTEST: • x 41"14.71
Cf111NTI CLFRK-�- --- C 0 THE R COU! HIS
BY: 9teteharli„_caellat
DATE: / 1-- ----11, 7"j_ Q �_l.ii�.
I • Si,.
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Pnp.i CT
SHORT, INC. 12:: ev. Aen C. Colorado BC631
•, ,
spOK R«apnan N T76� ...................... .. ....... ....__.jscoraar. G
, 856 Re o ded at 3S o'clock_ M
ER'S STAMP
THIS DEED, Made this day of January
19 79,between
Ox
W. S. PHISIR and LEONA B. PISHNR
Std,locums lorT Pee t
free 4ON d 1970
of the Minty of Weld and State of f y,'A O a
�
' Colorado.of the first part,aid
..J
JOHN A. BROWN am& JANICE R. BROWN
whose legal address is 2052t}Veld County Road #50 - LaSalle e
of the County of Weld and State of Colorado,of W second part:
e WITNESSETH,that the glad part tee of the first part,for and in consideration of the sum of other good e
and valuable consideration and T]C4 AND NO/1O0the DOLLARS,
n
J .O
o to the said part ilia of the first part in hand paid by the said parties of the second part,the receipt whereof is
,.) hereby confessed and acknowledged,ha ye granted,bargained.sold and conveyed,and by IMw presents do Gs
grant,bargain, sell, convey sad confirm unto the said parties of the second part,their helve and assigns forever,net cq
in tenancy In common but in joint tenancy,all the following described lot or parcel ef land.situate,lying and
being in the County of Weld and State of CeMeado,to wit:
r-
e Lot A, as sho on recorded Exemption No. 0961—33-4—R2354, recorded 4
! I I
t December 15, 1978 in Book 854 under Reception No. 1775865, Weld
—
County Records, being a portion of the South Half (0) of the
Southeast quarter (1/4) of Section 33, Township 5 North, Range 65
West of the 6th P.N., Weld County, Colorado. --
also known ae street rnd leer Weld County Road #50 — LaSalle,. Colorado
• TOGETHER with all odd Singular the hereditaments end appurtenances thereunto belonging, or in anywise
• appertaining, the reversion sod reversions, remainder and remainders,rents,issues and peellts thereof;and all the
• estate, right, title, interest, liken and demand whatsoever of the said parties of the that part,either in law or
equity,of,in and to the*bon bargained premises,with the hereditament,and appurtenants.
TO HAVE AND TO HOLCihe said premises above bargained and described,with the appurtenances,unto t! said
parties of the second part,thole Min and assigns forever. And the said part tea of Ae11nt part,for thee
• selves • their heirs,eeeeutors, sad administrators do covenant,grant,bugle and agree to and with
the said parties of the second pert,their heirs and assigns,that at the time of the enaealing W delivery of these pres-
ents they ere well seized of the premises above co.✓eyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance,in law,Is M simple,and ha ye good right, full power and lawful authority to grant, bar.
•
gain, sell and convey the same ht manner and form aforesaid,and that the same are free sad clear from ail former
and other grants,bargains,egle,liens,taxes,assessment and encumbrances of whatever Sad or nature noever
•
except for the 1979 taxes which are due and payable January, 1960, and subject
to all easements, restrictions and reservations of record, if say.
and the above bargained pretSe in the quiet and peaceable po ion of the said parties et the second part their
6) heirs and assigns,against all mad every person or persona lawfully claiming or to claim the whole or any part thereof,
`_ the said parties of the feet part shall and will WARRANT AND FOREVER DEFEND.
�y IN WITNESS WHEREIN the said part tag of the first part ha Ve hereunto settheir hand a sad
' 1 Y seal p the day and year first above written. p/. --Cr /�
• r,. Signed,Sealed and Delivered laths Presence of . ..,l 1/�,a A/ [NEAL)
k_ }t W. Sher
.......... asH y (SEAL)
Leona 7. Farther
�,CN4f (SEAL]
* ;� •s f ass.
v ..,4 4. ty ef...!ONfP.
a: ...��� a
TTa,yon n rnRrvrQe{ acknowledged before me tins '4 day ef Janttery
f' ✓
1 ,.,bf16 t` 741 se lash and LUNA 9, FISI1''�t •
lay fart,ipn gpires ,S .d vi , V. 5l _'Non -• nit hand and ,ff.c.al seal.
[ '
fw '< ''
C�`�it/
f-Noun Public. '
•
•
The printed portion.of this form approved by the
Colorado Real Estate Comminaion(SC 24-2.811
• THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL,TAR OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. '
FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
November 1, 19 84
1. The underslgnedCsi¢EB¢hereby acknowledges having received from Thomas G. Fisher and
Peggy Sue Fisher the sum of$ 100.00 in the form of a personal •
check • ,to be held by W. S. Fisher & Tpnna R Pi ghar ,
as earnest money and part payment for the following described real
estate in the County of Weld ,Colorado,towit: To be determined
by survey at purchaser's expense. Said property is presently located in the
SW corner of Lot B of S14 SE1/,, Sec 33, T5N, R65W, Weld County, Colorado
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. Subject to the provisions of paragraph 19,the undersigned person(s) Thanas G Fisher and
Pag r ,S11P Pi ghat- (as joint tenant , hereinafter called Pur-
chaser,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.$ 59.700.00 ,payable as follows:$ 100.00 hereby receipted for;
$9,900.00 plus closing costs in cash or certified funds at the time of closing.
The remaining balance of $49,700.00 by purchaser executing a First Note &
Deed of Trust in favor of the seller. Said Note& Deed of Trust to be for a
period of 10 years bearing an interest at the rate of 10%, payable in monthly
installments of $656.79.
4. Price to include the following personal property:
All tools in shops, 1960 Ford Major Tractor, serial No. 1549302, Farmall 'M'
tractor and loader, Serial No. 132479X5 and a 1966 Ford Truck, Serial No.
F60DK789545
•
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,
liens and encumbrances,except: None
and except any personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a
permanent nature are excluded from this sale: Irrigation well in Southwest corner of property
5. Price to include the following water rights:
None
6. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)
apply for such loan,(b)execute all documents and furnish all information and documents required by the lender, and
(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before N/A
19_,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and
things of value received hereunder shall be returned to Purchaser.
7. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if
required and agrees to pay(1)a loan transfer fee not to exceed$ N/A and(2)an interest rate
not to exceed N/A 7o 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.
No.SC 24-1-H1.Contract In Buy and Sell Real Estate I Farm Ranehl—Bradford Publishing Co.
6825 W.6th.Ave..Lakewood,Colorado 80214—233-6900—2.81
P51936
B. If a note is to be made payable to Seller us partial or full payment of the purchase price, this contract shall not
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 Purchaser
10. the Property,certified to date,or a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before
February 15, ,19_15.1f 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 mutual agreement of both parties .
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 terms and provisions hereof,
Seller shall execute and deliver a good and sufficient General warranty deed to Purchaser on
As Agreed , 19 ,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
and except the following specific recorded and/or apparent easements:
Ten foot (10' ) wide irrigation pipeline easement for maintenance and operation.
Easement is five feet (5' ) on each side of existing pipeline. Center line of
pipeline is 38' North of center line of Weld County Road 50 and runs East and
West.
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
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:
N/A
•
17. Possession of the Property shall be delivered to Purchaser on November 1, 1984
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$ Nnne 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 be borne by the party entitled to said crops as provided in paragraph 16,and such party
shall be entitled to the insurance proceeds,if any.
•
ID. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided,there shall be the following remedies: -
Ila) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all
obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
and additional damages.
(b) IF'SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect
and Purchaser shall have the right to an action for specific performance or damages,or both.
(c) 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.
20. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker,
unless mutual written instruction is received by broker,broker shall not be required to take any action but may await
any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may
recover court costs and reasonable attorneys'fees.
21J Additional provisions:
This contract is contingent upon approval of 'recorded exemption being obtained
on said property.
22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before
/Vcnj /S` , to RV, this in,ptrument shall become a contract between Seller and Purchaser and shall
inure to the — it of the heirs,sure and assigns of such parties,except as stated in paragraph 8.
/i//cy Broker N/A
Purr laser Date
".•lir L., � n/a
circhatip
Dae
Purchaser's Address 205-2.6 'l....)L` R SO La. S�/e l :,/�, � � 806Ys
(The following section to by completed by Seller an fl Listing Agent)
23. Seller accepts the above proposal this •7, day of Mitre d••• cr ,19
Eriacipcia
•
lintaascwac
Seller Seller i%/ f/
/yn+ �c ()La- /-W A? of a �. (1;74,
Seller's.address/3'�' � c
e51.036
RECORDED EXEMPTION NO 0961-33-4-RE 735
SHEET I OF 2
DATE: APRIL 30, 19$5
OWNER: W.S. FISHER AND LEONA B. FISHER
P.O. BOX 282
LA SALLE, COLORADO 80645 fir
LEGAL DESCRIPTION 7 Its
LOT B, RECORDED EXEMPTION NO. 0961-33-4-RE 354 LOCATED IN THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 33, TOWNSHIP 5 NORTI), RANGE 65 WEST OF THE 6th P.M., WELD COUNTY,
COLORADO.
OWNER CERTIFICATE
W.S. FISHER AND LEONA B. FISHER, BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO
HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP.
W.S. FISHER LEONA B. FISHER
NOTARIAL CERTIFICATE
STATE OF COLORADO
COUNTY OF WELD )ss
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 3 DAY OF May A.D. , 1985,
BY W.S. FISHER AND LEONA B. FISHER.
WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES: 4/16/1987
GC efitf4diL
NOTARY PUBLIC Box 128 Lasalle, Colgflo
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. 1,
Cleiree40 4:‘ 'Clk „I •
q ismr. •, w s'tin
GERALD B. McRAE, PROFESSIONAL ENGINEER AND ea. ,,
LAND SURVEYOR, COLORADO REG. NO. 6616 * lr..�a 1
L
; 2 y t 1'
COUNTY COMMISSIONERS' CERTIFICATE
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING.
ATTEST:
at .saSRN * i
COUNTY LERK S,A-4•4.,\4.Ko
RM D OF�U 0 MISSIONERS
BY: Cy ) (2,4,44.44,4
DATE: 92) 7
7 /7 IS-
-
•, S:'
e51036
McRAE & SHORT, INC. 1227 . 8th Avenue Greeley, Colorado 80631 ppoj. NO, 85027
RECORDED EXEMPTION NO. 961-33-4-RE 735
' SHEET 2 OF 2
'lR_ad 5 '_
•N lit"<M •6;9 465
Weld C _ -
_ -sue=-•• t wail I •. - ..
QUO _ e ' '.• /00IFia
° i
J
weldc•.�.ni"IT 4664 ' %/
�' Sec. 33,T.5M R. 65 W. ''L ; - ,,,,so
East La Salle;%:^ - r44' Ca
ICa
_pp
v _..-• i W
0' 200' 400' 600' 800' '•...a . LOT 8
3 • LOT A
�4
wiiii
scale: 1 , -; - _ 6
"= 400 •'-• nn{ weldi,Cocm `gas 50
II i PINS POUND
° ' PINS SE' LOCATION MAP
. semi; V.2000'
•
c._---
NW cor. S%2 SE% Sec.33 - Nicol: 8'/i'S.E.Ve Sec.33
-- li* 2640' --, r
l LOT 8 I
N.90°oo oo E. ( 74 Acres So' ,Q
260.oo' —
--- - -'L.. 0 % of RE. tic. 35 4
o a o -04"-E of&rem oil,Inc. eat pipeline eon. Ciocstien approx.) \ O �
N LOT A \ ti
t "�O CO 4.999 Ac. Gross J
k*9 -0. /79 Ac. ROW. 1 O
cri , 0 4.820,4c. Net �I V
b, ch N.90.0000f )
'k ern M 208.71' 01
W N.00.0000"W. S000000WY. / W
cri$ 208.71' Zo8,7/' 3
— 2&.00' 866./3'_ e08.71' 278.2/= --
890°00 00 W
( t3.30. Reference pin set M0,1
S.WELD COUNTY ROAD SO
33"North of sec. lure
South Quarter corner Lot A of Southeast corner
Sec.33, T.5N, R.65W. R.E. no.354 Sec. 33, T5N.,R.G51V
Reference pin set
30' North of sec. /the
R51.036
McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PROJ. No. 8 50 27
Hello