HomeMy WebLinkAbout860575.tiff RESOLUTION
RE: APPROVE AMENDMENT TO RECORDED EXEMPTION NO. 138 - DAVID E.
AND SHERRY WAREHIME
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, on May 19 , 1976 , the Board of County Commissioners
approved Recorded Exemption No. 138 for Jack and Glenda Jewett,
for property described as part of the Southeast Quarter of Section
1 , Township 6 North, Range 65 west of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, David and Sherry Warehime did purchase said property
and are requesting that Recorded Exemption No. 138 be amended to
enlarge and change the configuration of Lot A, and
WHEREAS , after study and review, the Board deems it
appropriate to approve said amendment to Recorded Exemption No.
138 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of weld County, Colorado, that the hereinabove
described amendment to Recorded Exemption No. 138 for David and
Sherry Warehime be , and hereby is , approved.
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 sixty days from the date of approval by the Board of County
Commissioners.
`, �, 860575
Page 2
RE: AMEND RECORDED EXEMPTION #138 - WAREHIME
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 18th day of
June , A.D. , 1986 .
n 4eu -f- ' BOARD OF COUNTY COMMISSIONERS
ATTEST: (��,�"�" �4A.ry WELD COUNTY, COLORADO
Weld County Clerk and Recorder \ .�_ ,\ .,, ,�� u►•...
and Clerk to the Board Jacque a f:' ns.n, hairman
BY (721C-in-C-9‘)
41Go
e
.' ay em
puty County C rk / Cr
APPROVED AS TO FORM: -.-ne R. Brantner
C.W. K y
County Attorney ' ,%L7i. InXepI 1�!
Frank Yanfa'guc
860575
DEPART. _NT OF PLANNING SERVICES
�1 fittti3. PHONE(303) 35E15 0010 Eh T.STREET
400
915 10th STREE1
GREELEY, .O0thS 80531
COLORADO
June 18, 1986 `✓
Board of County Commissioners I(Lit
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Amend Recorded Exemption #138
Dear Commissioners:
This request for a recorded exemption is submitted by David E. and Sherry
Warehime. The parcel of land on which this request is being made is
described as Part SEi of Section 1, T6N, R65W of the 6th P.M. , Weld County,
Colorado. The property is located approximately 1 mile west of Galeton,
north of Weld County Road 72 and west of Weld County Road 49. The
applicants have a purchase contract on -the total 47 acres which is
contingent on the approval of this request.
The request is to divide the property into parcelsof 10 acres and 37 acres,
more or less. The Warehimes wish to amend Recorded Exemption 138 to enlarge
and change the configuration of Lot A. They wish to retain the large parcel
and maintain its present use and sell the smaller parcel to Deborah S.
Warehime for a residential homesite.
The majority of the property is in hay production with ditches located on
the southeast portion of the property. Proposed Lot B would contain the
existing residence and out buildings. Proposed Lot A is vacant and would be
eligible for a single family dwelling building permit.
By changing the configuration of the lots it would prevent Lot B road
frontage to Weld County Road 72, and Lot A would then have an access
driveway located in the middle of the property.
The Department of Planning Services Staff reviewed the Warehimes proposal on
June 3, 1986, and has concerns for approving a request to create an interior
lot with no frontage to a county road, and concerns with creating Lot A with
an access road dividing the parcel.
David & Sherry Warehime
June 13, 1986
Page 2
The staff requests that the Board of County Commissioners consider the
application to Amend Recorded Exemption RE-138, and determine if the
standards of Section 9-2 E. (1) (a) through (m) have been met.
Respectfully,
Debbie L. deBesche
Current Planner
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: David E. and Sherry Warehime Case No: Amend RE-138
Legal Description: Part of the SE l of Section 1, T6N, R65W of the 6th P.M. ,
Weld County, Colorado
Larger Lot Size: 37 acres Small Lot Size: 10 acres
Criteria Check List
Meets Criteria
Yes No
X 1. Consistent with the intent of the zone district.
X 2. Compatible with the existing surrounding land uses.
X 3. Compatible with the future development of the
surrounding area.
X 4. Complies with Overlay District Regulations.
X 5. Complies with minimum lot size requirement.
X 6. Complies with the Weld County Comprehensive Plan.
X 7. Consistent with efficient and orderly development.
X 8. Lots accessible from an existing public road.
X 9. Adequate water supply.
X 10. Adequate sewage disposal in compliance with
requirements of the Weld County Health Department.
X 11. Lots are not part of a recorded exemption approved
within less than five (5) years previous, are not
part of a subdivision, or are not part of a Minor
Subdivision.
X 12. Does not evade the Weld County Subdivision
Regulations requirements and Statement of Purposes.
A hearing before the Board of County Commissioners has been scheduled for
June 18, 1986, to consider the application.
By i � p A Date 5/2 7 Mc
Current Planner
REFERRAL LIST
APPLICANT: David E. & Sherry Warehime CASE NUMBER: Amend RE-138
REFERRALS TO BE RECEIVED BY: May 30, 1986
NO SR NR NO SR NR
_ County Attorney
X Weld County Health Dept.
Engineering Department
County Extension Agent
Office of Emergency Mngmt
X Greeley Irrigation Company
C/0 Donna Coble
P.O. Box 449
Greeley, CO 80632
_ State Highway Department
1420 2nd Street
Greeley, CO 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
_ City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
NO=No Objection
SR=Specific Recommendations
NR=No Response
FIELD CHECK
t
FILING NUMBER: Amend RE-138 DATE OF INSPECTION: June 13, 1986
NAME: David E. and Sherry Warehime
REQUEST: Amend Recorded Exemption 138
LEGAL DESCRIPTION: Part SE} of Section 1, T6N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1 mile west of Galeton, north of Weld County Road
72, and west of Weld County Road 49.
LAND USE: N Farmland
E Farmland
S Weld County Road 72, farmland
W Farmland
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
There is one access to the property from Weld County Road 72 which is a
gravel surfaced road. The property on the east side of the driveway appears
to be wet lands and uneven ground due to irrigation ditches. There are no
other residences within a } of a mile. There is a house and out buildings
existing on proposed Lot B.
By: l /4 Q. ,
Debbie L. deBesche
Current Planner
DEPART TNT OF PLANNING SERVICES
PHONE(.3031 356.4000 EXT.4400•A 915 10th STREET
• -
��• \ GREELEY, COLORADO S0i31
J1-
,L.4
F . e
COLORADO CASE NfMBER Amend RE-138
r- - -- - -
May 16, 1986
MAY 19 1986
TO WHOM IT MAY CONCERN:
Enclosed is an application from `.g a'"�'ndmBrerF% WaXefilate, for �wQeifdt
IftimallItx
The parcel of land is described as part of the SE} of Section Y,
T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is
a ximatel 1 mile west of Galeton, north of Weld County Road 72 and west
of
This application is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this request would
be appreciated. Your prompt reply will help to facilitate the processing of
the proposal and will ensure prompt consideration of your recommendations.
If a response from your office is not received within fourteen (14) days of
mailing from our office, it may be interpreted to mean approval by your
office. If you are unable to respond within the fourteen (14) days (but
- wish to do so at a later date) please notify our office to that effect.
Check the appropriate boxes below and return to our address listed above.
Please reply by May 30, 1986, 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 prior to
3. Please refer to the enclosed letter.
/
Signed: 1440 / o Agency: 11,4 11-4 Date: S/Z fro
Debbie deBesche e \DOc r V
Current Planner
I. • o -. 1996
i5Si0U
Weld to.vtaN1tt Q IIJ
April 21 , 1986
Weld County Department of Planning Services
915 - 10th Street
Greeley, CO 80631
RE: Request for an Amended Recorded Exemption (RE138)
Enclosed is an application and required attachments for an amended
recorded exemption of a parcel of land to be split from part of the
SE 1/4, Section 1, Township 6, Range 65, of Weld County. Refer to
Recorded Exemption No. 138.
We are currently contracting for the purchase of the existing
acreage of recorded exemption no. 138. We would, however, prefer
to purchase a total of 10 acres and are requesting that Parcel A be
changed from 4.507 acres to 10.0 acres. Both parcels are owned by
David E. and Sherry Warehime.
The following is planned for the 10-acre parcel :
1 . A 3500 square foot home, 2-car garage, and a 3600 square foot
horse barn - to be built on the southwest corner of the proposed
acreage and to be occupied by the applicants.
2. Remaining acreage of Parcel B and proposed parcel will be
planted in hay and will be used as shared pasture for livestock
currently owned jointly by the applicants and the present
owners.
3. An existing access driveway from Weld County Road 72 to the
owner's residence on Parcel B will be widened and improved with
gravel and drainage culverts.
4. Water to Parcel A will be provided by North Weld Water District;
services will be connected at Weld County Road 49 and extended
to the proposed property (statement attached).
5. Electricity will be provided by Home Light and Power.
6. A septic system will be installed by a private contractor
according to required county codes. Perc tests are being
conducted by the County Environmental Health Services on April
22, 1986.
7. Propane will be installed.
By obtaining approval for the land split, we feel the following will
be accomplished:
.1 The current owners, by selling of a portion of their
property, will gain financially - thus allowing them the
opportunity to complete badly needed property improvements
on the existing residence and outbuildings.
Page 2
Amendment to Recorded Exemption
Warehime/Request
April 21 , 1986
2. The applicants and owners plan to cooperatively plant hay
and grass over most of the acreage. If successful , the new
pasture will prevent further soil erosion and will enhance
the overall appearance and potential land value of
surrounding properties. The property as it now exists is -
badly eroded and covered by weeds and trash.
3. The applicants and owners have every intention of making
the complete parcel a permanent residence and cooperative
agricultural venture. By combining the resources of both
parties, the properties will be developed in a manner
consistent with existing zoning and current neighboring
usage and will benefit all concerned.
Attached to this letter are the following:
1. certificate of conveyances;
2. North Weld Water District statement of service
availability;
3. purchase contract for the land (both present owners and
applicants) - proving interest in the subject property;
4. sketch plan map showing proposed property lines;
5. recorded exemption application fee of $140.00.
Thank you for your consideration. We are quite anxious to begin
building our new home - soils tests, geotechnical tests, etc. , have
been completed. We will be happy to provide additional information
as required.
Sincerely,
9100/4/11,/
Deborah S. Warehime
608-26th Avenue
Greeley, CO 80631
Telephone: 351-2441 (work)
353-9085 (home)
Enc.
DEPART :NT OF PLANNING SERVICES
,\
PHONE(303)3564000 EXT.4400
:. 915 10th STREET
if".
�`. ' GREELEY,COLORADO 80631 Mfg h 9 4 '
•
COLORADO 4
CASE NUMBER Amend RE-138
May 16, 1986
TO WHOM IT MAY CONCERN:
Enclosed is an application from David E. and Sherry Warehime for a Amend
RE-138. The parcel of land is described as part of the SEI of Section 1,
T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is
approximately 1 mile west of Galeton, north of Weld County Road 72 and west
of Weld County Road 49.
This application is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this request would
be appreciated. Your prompt reply will help to facilitate the processing of
the proposal and will ensure prompt consideration of your recommendations.
If a response from your office is not received within fourteen (14) days of
mailing from our office, it may be interpreted to mean approval by your
office. If you are unable to respond within the fourteen (14) days (but
wish to do so at a later date) please notify our office to that effect.
Check the appropriate boxes below and return to our address listed above.
Please reply by May 30, 1986, 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. xxxx A formal recommendation is under consideration and will be
submitted prior to JUNE 16, 1986
3. Please refer to the enclosed letter.
Signed: ency:NORTHSIDE LATERAL P@te: May 27 1986
& edeLdf
ie l��f� 9._, U EIL1 T11..
Current Planner L:i"" i2,u 1986
Weld Co. Planning Commission
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:
Part of the Southeast 1/4; Section 1; Township 6;
Range 65; Weld County, CO
TOTAL ACREACE: 47
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: David E. and Sherry Warehime
Address: 23539 WCRD 72, Eaton, CO Phone: 454-2869
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Well Smaller Parcel North Weld Water District
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic
PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Agricultural
ACREAGE: Larger Parcel 37 Smaller Parcel 10
EXISTING DWELLINGS: (Yes or No) YeS (Yes or No) nO
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application are true
and correct to the best of my knowledge.
COUNTY OF WELD ) JJ AA Q
STATE OF COLORADO ) �� � �iji�i��. i/242e1l- b e L rtx
ignature: er or Authorized Ant
Subsc-ihed and eworn to before me this 29 day of January , 19 86 .
(SEAL) ,
Warehime
Notary Public ,-' , .-
CERTIFICATE OF CONVEYANCES WELD COUNTY PLANNING COMMISSION
STATE OF COLORADO )
COUNTY OF WELD)
THE SECURITY ABSTRACT COMPANY OE Will) COUNTY , TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it has mark a careful search of its records ,
and finds the following conveyances affecting the Real Estate described
herein since August 30 , 1.972 .
LEGAL DESCRIPTION :
PARCEL 1 : Lot "A" of Recorded Exemption No. 0803-1-4-RE 138, recorded May 21,
1976, in Book 767 at Reception No. 1689160 , Weld County Records , being a
portion of the Southeast Quarter of Section 1 ,Township 6 North , Range 65
West of the 6th P.M. , County of Weld, State of Colorado.
PARCEL 2: Lot "B" of Recorded Exemption No. 0803-1-4-RE 138, recorded May 21,
1976 as Reception No. 1689160, Weld County Records , being a portion of
the Southeast Quarter of Section 1 , Township 6 North , Range 65 West of
the 6th P.M. , County of Weld, State of Colorado, EXCEPTING therefrom that
portion conveyed in Warranty Deed recorded March 5, 1979 in Book 862,
under Reception No. 1783510.
CONVEYANCES ( if none appear , so state ) :
RECEPTION Ir 1692957 , BOOK •
RECEPTION Il 1695672 , BOOK
RECEPTION // 1743501 , ROOK
RECEPT ION h 1743504 , BOOK_
RECEPTION Il 1852165 , BOOK
in.:CERTION // 1783510 , BOOK
RECEPTION I/ 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 22nd
day ofianuary , A. D. 19 86 , at 7 : 45 A . M. O ' clock .
SECURI'T'Y ABSTRACT COMPANY
OF WELD COUNTY
r
I
BY , � 1 j;
AU'ThORI 'ZED SIGNATURE
alt", U wv r, f M- mAtia t of '` 'e'se� r 1h•,..,.- .., ,� • '(t oo"4.'
v ..+�eMwrAerm. . .. .wwwe
sun a
Ins Oak meow• issom a if•r Ybd Werth ^
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'a 0.
' t%1 ,wtwr 1larol{'l.ressimn M Deena L. Cos
0` Slam DactmlfrafV P« j
MAR 51979
rinds
efth• County of Weld altat•.t d e�6 •
hColorado.Otis..not part.and �'
ca Marvin L. Bay and Mildred N. Bay
r- I •
l--1 whose •
iagal addna is , Eaton, CO 80615
Rt.l, Box 42
c
• ry it of the County of Weld and State of Colorado,of the second part: ! e
,p I! WITNESSRTH,that the said part ies of the first part.for end in considerationof the sum of ,r)
Other Good and Valuable Considerations and Ten and no/100 DOLLARS. is c
r' : cy
to the said part fee of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby , •t
II
confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do -- j
grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns f ,not in `
uu1-‘ tenancy in common but in joint tenancy,all the following described lot—M parcel- of land,situate,lying and being in • -
I• i' the County of Weld and State of Colorado,to wit: j
27, , See Exhibit A attached hereto and incorporated herein as though fully set forth • r-
' herein. -'_
. ***in Book 201 Page 71,Book 233 Page 78 and Book 1452 Page 464;mineral deed re- •
• corded in Book 786 under Reception No. 1708181.011 and gas lease recorded in Book
• 787 under Reception No. 1709357, all recorded in Weld County, Colorado Records.
�> sago known as street and number A4� '
\ .
C- • TOGETHER with all and singular the hered•tamenta and appurtenances thereunto belonging,or in anywise , 'w
1
appertaining.the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the -
1 estate,right.title.interest.claim and demand whatsoever of the said part lea of the first part,either in law or ff
equity,of.in and to the above bargained premises,with the hereditament,and appurtenances. '
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the ,
said parties of the second part,their heirs and assigns f• .And the said part lea of the first part,for them-
selve their heirs.executors.and administrators do -- covenant•grant,bargain and agree to and with the s '
said parties of the second part.their heirs and assigns, that rt the time of the enaealing and delivery of these
'
presents they/a small seised of the premises above conveyed,as of good, sure,perfect,absolute and indefeasible '�
estate of inhentance,in la w-in fee simple.and ha Ve good right,full power and lawful authority to grant,bargain,
sell and convey the same in manner and form aforesaid,and that the same are free and steer from all former and
other grant,bargains,sales,liens, .assessment and encumbrances of w kind or t•.re',sever. Sub I ect
• to 1979 taxes payable in 1980;ordlnances,governtsen:al reg'.latt n„balding and
zoning ordinances;rights of way recorded in Book 86 Page 273;311 existing roads,
hlghways,ditche� ut111tiqs,reeservoirs,cnnals,pipelinesr power lines,telephone lines,
water lines,rali roads and rights of we and easeements eretor;reservations recorded ***
• and the above bufained premise,in the quiet and peaceable po ion of the said parties of the second part,their •
• heirs and assigns,against all and every person or persona lawfully claiming or to claim the whole or any part thereof,
the said part lee of the first part shall and will WARRANT AND FOREVER DEFEND. .--
.
IN WITNESS WHEREOF the .vd p -t I"= of the first cart he de hereunto set theigand S and •
—_- seal a the day and year first above*titter.
/i
Signed.Seded and Delivered in the Presence of r�� ivu 1.7 C.-Lave/ __-.-ISEA LI
Tarn Id C. Conaway
(y,}/Etas el4t___ _ L. {&420 LI--Y/{�_IEEALI a
_. _ (.'nna L. Conaway / .:r-
_—_____..__—...._1SEA LI
STATE..OF ft iLORAIK)
Is
County of
lei
tljhtreleomg into r omens ass oknowledged before met his 'ter'ond day of March
,Jd/4,byaj" Harold F. Conaway and Donna I_, f'unawm:.
,•
f w r e ., •
q ,9/l-IT mea4rtespir es Iv Wit mesa my hand and ofOnd se•l. e ,
w _ • t
C, , Ily Ccm„ 1.„lit,ft.; J,17.,2 '1 do t' C. _.
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fit.hl. esas.vrs ur eu s.,.•.,o.... rut.a,d..:..r.v,.,..r,. ,...,.,..,it.,.., Lt , , :.......,n s,,u, ,.,
warty EOM
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oyt c /'� _.
'I 71 Recorded at.....,_ �'i,[yZelock...(/t,l/.(Y}., JUL B 1976 0
1 y
.Reap)on No +��t -" o
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v'{" S. LEE SHEq[L /a. Jt000� vet
•
X18 I1iiDt Made thisfirst day of July RR0DRDa7 STAMP . J
•
I to 76,bea,eeg Jack J. Jewett, husband, and Glenda F.
Jewett, wife o,
.-e
O• _ State Documentary Fes
•
•
w e<w _•
oDate_ 11-.--f>_1976 •
•
assColorado,of the first t and Dar County of Weld and State of S .1. An e
•
0•-•
.
I- ti HAROLD F. CONAWAY; husband, and DONNA L. CONAWAY,wlfe \
e .
/
a the
e County of Weld and Stab of Colorado,of the second part: i
WITNESEETH,that the aid part tea of the first part,for end in consideration of the slum of Other e
o Valuable consideration and Ten and no/100 t
•
m' DOLLARS, ti
ti i to the said the lint
oi hereby confessed lend acknowledged,lint hpart a e hand paid by the said parties of the second part,the receipt whereof is 0
grant,bargain, granted,bargained,sold and conveyed,and by these present,do 0
in tenancy t, all,convey and confirm unto the said parties of the second part,their heirs and assigns forayer,not O -t.
common but in joint tenancy,all the following described lot or parcel of land,situate, lying and
r being in tho
Canty of Weld and State of Colorado,to wit: ZS
r 1 iI Lot "A" of Recorded F7temption No. 0803_1-4RE138, recorded May 21, 1976 ..1., 4i
in book 767 as Reception No. 1689160, Weld County Records, being a I
•
portion of the Southeast Quarter of Section 1, Township 6 North, • `,(,\ ,*,'_
II• Range 65 West of the 6th P. M., County of Weld, State of Colorado, `'�
containing apvroxinately 4.507 acres more or less. c.
fr
•
•
as
'4•
TOGETHER with all and singular the hsseditamm4 and a ]
appurtenances rantces thereunto belonging, or in anywise y appertaining, the reversion and reversions, remainder and remainders,rent,,loos and profit,thereof; and all the• , �', estate, Kent, title, interest, claim and demand whatsoever of the said parties of the tint part,either in law or ln�`
iZ ' equity,of,In and to the above bargained premiss,with the herditamenta and appurtenances. I P.).SII ! TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said I H{,
y parties of the second part,their heirs and assigns forever.And the said part ies of the tint part,for them- •
'
eel VP 5,,thei,,elre,executors,and administrators do covenant,
said partls of the second part, their heirs assigns,andR[rant,bargain and agree to and with thei.
r,. that at the time of the instating and delivery of these pros- I *Li are well seized of the premises above conveyed, a. of good, sure, perfect, absolute and indefeasible• ^�
r r,; I estate of inheritance,in law,in fee simple,and ha ye good right, full power and lawful authority to •'grant, bar- ���' �, • gain,sail and convey the same In manner and form aforesaid,and that the same are free and clear from all former 3,rr.II•Y .4 and other grants, bargains, sales, liens, taxes, esseaements and encumbrances of whatever kind or nature soevea foal .
:'+ except ;eneral Property taxes for 1976, payable January 1, 1977, and except all
0 easements, reservations, and restrictions of record
j Y•
P.T.c`'C and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
.t. I' ban and assigns,against all and every parson or persons lawful) claims r➢ rag or te eleven the whole or any part thereof.
-."y. the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. t)i
x' - IN WITNESS WHEREOF the said part leg of the first part have hereunto set /the�r 1`
seal5 the day and Aiod 5 and
year tint above written. ,
5 `
t e Signed,Sealed and Delivered in the Presence of . . , ' s
•
}
•
- [SEAL) .4.
•
STATE OF COLORADO, - -' -- -- - - [SEAL]
"_
,:.. Jell County of ' ';'•
'..r..
k , �f��� a.t4ggipg instrument was ark r,.eredged-hefor, me this 'r ir'-' day of July
tg�6'�`bfj"Js, J Jnv t t, s/}. ,.• . •band, n ,lend, F. w,.e• .:1 ro •
`s1 '1
Q 1 r ' kty eoeomissiam expires 441:,. ' , ,lea , . Witness my hand and v Trial seal.
• r Ae.un Karr. •
I
t •
t jY No Uyl w xlasry peen .r r r r n n r.l,•. ryer. I, l' '•a r Y r l i rnr , rr ` r / , • 1'. '.,! i ,, `5v � �""�• r , .rt{r. • ••r „
4/;'
I J SOCK ✓6
ri P AUG 91976 J p 774 Recorded at...........ofcnr�o'clock ! M., O
• N Reception No 169567 .... MARY ANN ROMSTEIN Re', M
'NIS Dsm, Nadi this ' Fifth d of August R1100lD1a'R STAMP w •
fig,. 1176 ,between Jack J. Jewett, husband, and Glenda F.
Jewett, wife
?r , ' .
Stet" Documentary Fee
✓ Dale_1g1rj1ae1.G__.1..197k
f of the County of Weld and Stab'of >i.. . J, Or) •
n,: `0
!
Colorado,of the first part,and ..`.
.` t.1
cT HAROLD F. CONAWAY, husband, and DONNA L. CONAWAY,wife tile:: ,
_n ' •
of the County of Weld and State of Colorado,of the second part: 4 ::.
0 WITNESSETH,that the said parties of the first part,for and in consideration of the sum of Other •
' •`i ,. Good and valuable consideration and Ten and nc/100----- ---DOLLARS, In
' 1 I t0
,i to the said part ies of the first In hand by the saidpOf:'
part paid parties the second art,the receipt whereof is ea +
'Or,' hereby confessed and acknowledged,ha ve granted,bargained,sold and conveyed,and by these presents do O t y
Sir I grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not o
�f ' in tenancy In common but In Joint tenancy,all the following deecrthed lot or parcel of land,situate, lying and
M1F I, being in the County of Weld and State of Colorado,to wit: a '.-`*-
fy el �I� Lot "B" of Recorded Exemption No. 0803-1-4—RE 138, recorded I
+� li May 21, 1976 in book 767 as Reception No. 1689160, Weld County o
,. I Records, being a portion of the Southeast Quarter of Section 1, a 4114
AP Township 6 North, Range 65 West of the 6th P.M., County of Weld, ? `
-Y. State of Colo.ado a{.;t ,
It ,v
•
TOGETHER with all and singular the hereditament" and appurtenances thereunto belonging, or in anywise {}-
'
;, appertaining, the reversion and reversions, remainder and remainders,rents,issues and profits thereof;and all the �J�'
! estate, right, title, interest, claim and demand whatsoever of the said parties of the first part,either in law or F ,?
equity,of,in and to the above bargained premises,with the hereditamenta and appurtenances. ..lei
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenance',unto the said t
parties of the second part,their heirs and aulgna forever.And the said part les of the first part,for them
a ' •el yes , the li n,executors,and administrators do covenant,grant cergsin and agree to and with the
"le I said parties of the second part, their heirs and assigns,that at the time of the :.waling and delivery of these arcs- r i'-.
ants are well seized of the premises above conveyed, as of good, sure, perfect, absolute sad indefeasible
II estate of Inheritance,in law,in fee simple,and have good right,full authority power and lawful aDthori to grant, bar- .0 ` . p
I' gain,sell and convey the same in manner and form aforesaid,and that the same ars free and clear from all former
•
and other grants, bargains, sales, Hens, taxes, assessments end encumbrances of whatever kind or nature eneeer, "a
except General Property Taxes for 1976., due and payable January 1, 1977, and
S subject to reservations, restrictions and easements of record ...t..J1.:
` ,
and the above bargained premises In thequiet and
peaceable possession of the maid pestle'of the Second Dart, their
l•
• heirs and assigns,against all and every person or persons lawfully claiming or to elan the whole or any part thereof, '
• the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the saidpart lea of the first part have hereunto set the limed S and
, y 1 seals the day and year first above written. / // c. �� : , ,
•
/ pp/7 „
l Signed,Sealed and Delivered in the Preeence of f-..t'(.el` r .. /.a:.....—C." L t [SEAL] . y
!,I I�''ll'll/ ,,jy,// [SEAL]
n I } ' A.LY7..Ve4.:_. f. ) 1 �
11""//
STATE OF COLORADO, - -- "--- "' [SEAL) -,,
Counyof Weld as
The foregoing Instrument was acknowledged before me this fifth day of August
1976 ,Puy' Jack u. Jewett, husband, and Glenda F. Jewett, wife.
o ' 14. 8G4
III `10 eolnmfpriprexpins May 27 ,1980 .Witness my hand and official seaL '
III w • I' /[�R y� �r �{- •
. i
r L-�cZ/..- /0/' 50- -e.i.,lreYi.
I
—
r N..III. waaaaeTn DISD—ie Dal Taunts.. tln41.N Publishing fn.trtbU stout Ursa Dawn.Canna t'74
•1f h alnrel qbq or gfesa Mn Insert nuns nee name; If Or person acting In nyVnsent"nre w offkt"l It>ores I
attofn•pindactrthreen t"serl same of person a ea.cutm. aacrgpimlact or other caseelty or description; If h> officer or cos
Isi.tina re,isl,n na a of ccColonm R.v?ff Srs as th 1r eslew.t nr''deer officers of such corporation, naming it—aleitle y • •,
i
ti VP*.y� R«ordad--_ FEB 3 1978 M L �dsvt �p. m.
471GMi1 Reception Not 1743501 NARY ANN (IUERST ti Recorder. e-t \
���•
pa !eet)l Made this 28th day of December I. the os
ea
year of ow Lord one thousand nine hundred and seventy seven bohemia I
,(
to
'Harley Keith Tanner ,t
•
of the County of Weld and State of Colorado. of the
•
at pert, sad Marvin L. Bay and Mildred N. Bay, joint tenants •
c th . .
•
d Coati of 3U3 Y o w p us et.-44 49 I r- �Ga .d+ •
.
d Weld w Setae el Colorado, of theIll Z )
snood part: • r.
WITNtSSETH: That the said party of the first part,for and in consideration of the Boas of
• OrHER GOOD AND VALUABLE CENSIDERATION AND TEN/l00— • !.
DOLLARS.
n to the said part Y of the flat part in band paid by the said pani„ of the second part, the realist whereof Ii e-1
N hereby confessed and acknowledged, ha s `ranted, bargained, sold and conveyed. and by these presents does
t-
grant. bargain, well, convey and confirm unto the said parties of the *wood part, to pass not in tenancy in common
N
but in joint tenancy.the survivor of them,their assigns and the heirs and assigns of,vela survivor forever,all the fol- O
f. lowing described lot or parcel of land,sitar,tying and being 1s the 0 .,.•\_.
County of Weld and State of Corrado. to-wit:
See Exhibit "A" attached heretc and inloorperated herein. al CrPc
It In :h:kl
lb-.., State Documentary Fee ' -, '''..t1:
W b-
". Dote..__._FB31978
,___1St...Qu...
.4
1 / •
a
TOOETHER with all and singular the hereditamenn and appurtenances thereunto belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and .¢
i all the estate, right, title, interest. claim and demand whatsoever of the said part Y of the first put, either In "WiT.._
1 law or equity, of, in said to the above bargained premises,the hereditament,and appurtenantts. ""a
r.7•4",--c...„'
t; TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the ��c�)��
said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for-
ever. And the said part y of the first part, for himself hill heirs, executors, and administrators, do es s
• covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their a.,
-
t assigns and the hem.a and assigns of such survivor, that at the time of the ensealing and delivering of these presents,
bil
well seized of the premise, above conveyed, av of good, sure, perfect, absolute and indefeasible estate °,..
r! of inheritance, in law, in fee simple,and ha S good right. fuRyower and lawful authority to grant, bargain,
sell and convey, the same in manner and form aforesaid, and that the same are free and clear from all former and
\ oft other grans, bargains, sales, liens, taxes, assessments and incun.brst,ces of whatever kind or nature sieves:
- except taxes for the year 1978 and subsequent years not yet due and payable,
patent coalitions and reorrvat' ..-s, mineral reservations of record, road,
R D F highway and ditch rights-of-any arc oasenants.
Os 0� and the above bargained 17../-
g premise, in the quiet and peaceable possession of the .:'d parties of the second part, the
survivor of them, their au,gns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the-first put shall and will :�-
a WARRANT AND FOREVER DEFEND. .4.•
„r.
IN WITNESS WHEREOF, the said put y of the tint part ha s hereunto set his hand and
seal the day and year first above written.
. - - r^f.-es
Signed. Sealed and Delivered in the Presence of ..,_.1.—'a_ r77JH.' i' '' .-"./� " l /i f'1 -_(SEAL)
ianY TEP TANNER
w
_.... ..
.(SEAL)
STATE OF COLORADO" The foregoing instrument was _acknowledged before me this 28th _ _.. .do.of
County of Weld. J _
__.R?CS:ligrE._._. - . I p J7 by Harley Keith Tanner
Wlmsae My Hand and Official SW
Hy Cammlsalm Expires " 1�, t (3\11/j?d-••- . .
1 —'-J -. _. i_ ; • . .
.. An Mgt
WARRANTY DEED—lo Joint Tenants •,� e^s 4 tr
t
•
N+ °! ( °
�kl
q
3 1'1(
ti E ,
•
•
ti•
•
• 822Exhibit "A° 1743501
t!'
• P.N., described
that pert of the d;, Edo. 1, T. 6, R. 5 N. of the 6th
as follows: Beginning at the southeestcorner of said
ti *nion; thence in a westerly direction along the southline of said sec- u
feet to the east bank of the No. 2 canal; these N. 31° 29' W.510 feet; theme N. 12° 20' W. 342 feet; there N. 4° 4! E. 1160 feet;
thence N. 39° 30' W. 700 feet: thence N. 29° 58' W. 188 set to an iron pipe on the east and west half section line; thence east said line 661
thence feet
mareN. or lees to an iron pipe on the east bank of irrgation lateral;
29' N. 198 feet; thence N. 20° 46' W. 117 fret; thence N. 29°
0' W. 43 feet to an iron pipe on the east side of said irrgatian lateral;
thence N. 2° 40' E. 504 feet; theme 8. 79° 10' E. 1718 fat to a point on
thshed ateastsection line of said section; thence in a eoutherl' direction along
section line 3195 feet to the point of beginning,containirg 133.88
acres, more or less;
•teeter [fights and rights to the use a1herwith all , title and water interest in ad to all taster• t
water
of said real appurtenant to or used for the it
rosette i Irrigationpro � irtlidieg 2 shares of the capful stock of The '"f
Reservoir i WeldlCdrnIl Company, 3 shares of the capital stek of The Windsor !
Resely i ��tlCo anal, and 6+1 shares of the capital stock if The Owl Creek
water to said n; e �� an interest in all +aterals to carry , .
latriS
. . ..w. 4
—
a".
AND
•
LEGAL DESCRIPTION ..".
• A tract of land located in the East half of 'lotion 1, Township 6 North, ti
Range 65 West of the 6th Principal Meridian, Weld County, Colorado andf
being more particularly described-as follows*
Beginning at the Southeast Corner of said Section 1, and stn-
si.3ering the East Line of said Section 1, to bear North 009 02' 03" Nest I.
and wi•4 all other bearings contained herein relative thereto,
Thence North 00° 02' 03" Nest along the East line of said
at ion 1, 40.01 feet to the true point of beginning, '.'?
S. Thence North 880 50'46" Nest, parallel with the South line of
said Snrtion 1, 1411.74 feet;
Thence along the outer boundary of a tract of land, being ; •
rot“.r led •.xemption No. 0803-1-4RE 13E and filed under reception number �`1's .
1"" • !a. Id County Records, by the following four (4) courses: .- " '•
Noitt: 10° 19' 54" West, 463.C1 feet; .4..
a
North 17° .;_' 16" West, 445.13 feet; ^. `
lnrth 02" 10' 53" East, 1112.58 feet; ••• '
North 37 12' 25" West, 859.73 feet to a point on the east-w! ! t •,..^.. 4
centerline of said section 1;
Thence South 88° 10' 24" East along said east-west centerline,
4 .ya feet; 'w ^ •
N
Thence along the easterly bank of an irrigation ditch by the
-n.,w uty three (3) courses, '„
North 280 17' 00" Nest, 175.15 feet; �`w.
North 22° 10' 20" West, 130.90 feet; + , f
North 01° 46' 30" East, 510,85 feet; r *,,*,"ay
Thence South P3° 09' 50° Last along an existingfear•- and It.. er 'se
! Y, • xtension, 1708.83 feet to a )mint on the east. line of '-aid ;e+s r'•.
. I, from which point Northeast Corner of said Sertlnn I, bears •
r';. I _' 03" West, 209g.21 feet; '.\.
Thence South 0O u2' 03" East along the East iuu of .4.11,I .,
' nor, , ;44.14 feet to the Cast Quartos. corner of maid ...ot os 1 ;
Thence continuing South 10° 02' tit" *:dal., a1,nW SaidI.I.!
. t.'. , 59't, 16 feet to the rev.. )mint of bwgi•,ni..g,
il
t' 'i" !laid tract of 'lan contains131. •3' +rr•.» "txf or le..-„, '
illy ��... M
.
✓. .., • aWt'
t Ili,•
I
.40
CD Idtlp�p atemiii st / •�9 e p v. FEB 3 1978
N 8@2 moon N. X741504 _ MARY NN FIRAIR YW�Lns6r.
e
0
. ( 1� Dusk Made tit ay d •1178 ,
1 rn
p, Iran" BARLEY KEITH TANNER
et the Car,ed Weld dstets d
O CONArd d Si lint Pat and HAROLD F. CCNANAY and DONNA L.
althose legal address h N y�,61-s}1 ; _ �•1 . ..
N- ad the Weld �7`p` d Mats of `+
N Colorado,et the seed pert
R I7NESSETH,That the sold party el the d ist pan,for and 1 eeeddenth d the sem of
• other good and valuable consideration DOLLARS,
- a b the sold Part ; of the fhet part to band Mid by the said part ins of the nend past the nest whereof
m h hereby ooefemad and eraowhdsed,has remind. eMaa_ AAA meowed d QUIT CLAIMED, and by
ri those preemie do nosh,reheat sell,convey and QUIT CLAIM unto the said parties of the sand part,
*: o their heirs,aecoamon and assigns,fanny,all the eight title, teta.st, claim sad domed which the said
party te of the first part has In d to the following deserlbd lot or panel of lead situate, lying sad
tbo -county of Held d State of Colorado,to wit:
M
J.,,
'v. -`- Lot "B" of Recorded Exemption No. 0803-1-4-RE 138, recorded �`•,,'
May 21, 1976 in book 767 as Reception No. 1689160, Weld County
4" Records, being a portion of the Southeast Quarter of Section 1,
Township 6 North, Range 65 Nero of the 6th P.M., Weld Courty,
Colorado
i i.
r
y
. sinweasattatesicaber
I
q��� TO HAVE AND TO HOLD the se MPUa with all and aiugalar the appurtenance and privileges thereinto
t7! heloagieg of 4 anywise thereat*appmtltng,and all the eaten,right title,interest sad claim-whet oerer,of the 'n,
mid Pat y of the first Pert are is taw es equityo to the oily Prater use.beedit sad bshmf of the said .:,.:::l parties of the second pat their hairs d sedges forever.
i IN WITNESS WHEREOF.The said party of the first part by hereunto cot his had ,r
g d net --- the day and peer that abort wrtttm.
F -a -t. �a r ce.»1) - _(SEAL)
^- Signed,Stain'and Delivered l the Promos of HARLEY •
EEITN TANNER
e
_...._......._(SEAL]
II •
[SEAS(.
Y 5. FATS OF COLORADO.
if it
-4., l .. "Counts ofWeld
'(h The foe{dsj laseammt war acknowledged before me this 0?4014‘
dayof Jar iJtl t'(/�
1 3 q.Ire Na4ey Keith Tanner. J F
'! !(p smaidee enires /0 -•.4 ,19 51 .Witness v hand d*Meta sal.
i
cAettefi ... tEl
g
Nay many CL&IN sew.—ensiled NIMW Co..Ins MI Mat sum.n•e,w.MUM* 5••
•
: I 1[6.1'[[7:,
j. Il, I
II
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��"y �lJj .1 ♦ .A l } M } 1
IIIY"���,�� v G]�I•TT ,n • • �"_ ,
a' . Yi Fti a+v �.;.v .a , �* S . � .. n+ ., as ,.f'r 3b •
TNNtDNBD.WBiisi';30th yget3:.` oh ,i '41,1981, . '
b+wsa' llarold 1.':' and'Donna 'L':';Conaway,
I hueb nd and vies.as.Joo"neat.
• of dm County of Weld and State of Colorado
of the
f t put,and HAROLD F. CONAWAY and DONNA L.
C husband
and wife, a■ tenants in common,
e wboee MW addrw i 23539 Weld County Rd #72,
Eaton, Colorado 80615
of the County of Weld sad State of Colorado,of the second put:
s
WITNESSETN.That the said pardon of the funs pan,for and in consideration of the sum of
t' other consideration and the sum of Ten & No/100 DOLLARS,
r
0
o to the said minters of the tint pan in band paid by the said pan ies of the second pan,the receipt whereof is
hereby confessed ad acknowledged,have. granted.bargained,sold and conveyed,and by these presents do
grant,bargain,sell,convey and confuse,unto the said put ice of the second part, their
," i heirs and assigns forever,all the following described lot or parcels of land,situate,lying and being in the
County of Weld and Stated Colorado,to wit:
a I Parcel 1: 4,; ,
-
Lot "A" of Recorded Exemption No. 0803-1-4-RE 138, 3
recorded May 21, 1976, in Book 767 at Reception No.
1689160, Weld County Records, being a portion of the $r' ?
Southeast Quarter of Section 1, Township 6 North, Range
65 West of the 6th p.m. , County of Weld, State of • `
Colorado, containing approximately 4.507 acres. more
or less; and I
•
Parcel 2: , i,
Lot "B" cf Recorded Exemption No. 0803-1-4-RE 138,
recorded May 21, 1976 in book 767 as Reception No. I h"
• ,; 1689160, Weld County Records, being a portion of the
Southeast Quarter of Section 1, Township 6 North, ' h
Range 65 West of the 6th P.M. , County of Weld, State t'
of Colorado , l
4.
ii
. i
,i
e
II
i
S i
N ax
• ale hens as meet and number 23539 Weld County Rd #72, Eaton, Colorado
�I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise
app ?F, 1
ertaining,ad-the reversion and reversions,remainder ad remainders,rents,issues and pro fits thereof;and all
zz' Ithe estate,right,title,interest,claim and demand whatsoever of the said partial' of the first pan,either in law
at equky,of.in and to the above bargained premises,with the hereditament"and appurtenances. •
i
INs.S fAl'.ANTY DUD—for IWNySe Reseed.—Madlord Puslnhiad Co 152446 Stow Siren,Dann«,Colorado —1.75'.'
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w rd sh.tibq wsgrra•atr•w taa
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ea thaw wa, easraataaisrarartaar•e y- ens*am*WM*tat pas n w ad VIII
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,. wr.tr� M warn ailIIaM saadatd'sY... asr�.4 r a and. es p•• 0. Sets .w
* Sara re lawareb as et to ssme.S a he,I as SOM..d .MIL s•d TWA ha a.se..d Iwtd.al v to '
sewn as is a neat ad an a ar.r14 al at the nee
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vane de al tartsasl.gsr sa eats eat.assn a assets r Olatea arm a shatever
ons
and at.rm.•me•ev except enctabrancsa, current taxes due, restrictions
and reservation of record, and all governmental regulations and
restrictions.
a w saeMeetp ate r w add a 'smeltpe——L# a S.add peat tea at the.seed part.
their bera sad sad a against ea sad every pesos or penman lanais a k ay er t•Set S.while er of
part thereat,the ridpartial edam ant pert ..t*ea 1l WARRANT AND FOaaYES DZflND.
IN imams waaa/F,the rid part pea etas Mat past hen ants.attteirh nd a
ass al s the der w year that a►ave written -
d 4�/ ^,
slga. .alitaed When* Ob
i.Fnraaa % p ? Gar se s7 —,' 5W]
, — 1—if// „/f.
L.aw ,.y/Dyy [BaAL]•STATE OF COLORADO.
Canty a Weld
no tenon Wtsaet was sa.aaa_M sun as W. 10th not March .
1981 .by Harold F. Conaway and Donna 1.. Conaway
Nrept'e' September 23 a 81 'Iris,""dein"II,; . .' -L ,•,. ..
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eRNES�O GDIS ECTORS - y. NORTH WELD COUNTY WATER DISTRICT
ES
ALEX HEIDENREICH Y.
ROBERT ALKIRE /net HIGHWAY 85 LUCERNE,COLORADO 80646
GARY SIMPSON si
ik e_
, ''14.1�,. LYLE NELSON,MGR.
W.M.McKAY
P.O. BOX 56 - PHONE 356-3020
January 27 , 1986
RE : Water Service - Debbie Warieheim
Dear Sirs ,
This letter is in response to your inquiry regarding water service
to the following described property :
SE 1/4 Sec . 1-6-65
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 WELD COUNTY WATER DISTRICT
Ly. e D . Nelson , Manager
LDN/wb
Tb.printed pontoon(this form approved by
The Colorado Real F ammunioa IEBP54.1-lD� --_--_ —_-- _----
U.S.A
EARNEST MONEY
Promissory Note
Greeley Colorado DATE March 1 1986
city ttar.
FOR VALUE RECE:4ED, Deborah S. & Marvin L. Warehime
namelym++enal
608 - 26th Avenue, Greeley, CO 80631• ct
,jointly and
address
David & Sherry Warehime
severally,promise to pay to the order of
Five Hundred and no/100 Dolton.
the sum of
0%with interest at per cent per annum from until paid.
Both principal and interest are payable in C.S. dollars on or befcre , 19_,payable at
or at such other address as note holder may designate. Presentment. notice of dishonor, and protest are hereby
waived.If this note is not paid when due,L'we agree to pay all reasonable costs of collection,including attorney's fees.
Sla:er'a miniature
H a hr's venture
This note is given as earnest money for the contract on the following property:
10 acres more or less for SEA , Section 1 , Township 6, Range 65, of Weld County
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page 1 of 2 File No. 7105-01-0001
AMENDED RECORGeD EXEMPTION Nt: 0°03-I-4-RE 138
INERS: Harold F. Conaway
Do r\
na L. Conaway
EAST WEST CENTERLINE SECT /
S 88°10'24"E 39895' E1/4 COR.
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page 1 of 2 File No. 7105-01-0001
AMENDED RECORD'') EXEMPTION N2= Of 13-I-4-RE 138
WNERS: Harold F. Conaway
Donna L. Conaway
tract of land located in the Southeast Quarter of Section 1, Township 6 North, Range 65 West
f the 6th P.M., Weld County, Colorado, being more particularly described as follows:
eginning at the South Quarter Corner of said Section 1 and considering the West line of the
outheast Quarter of said Section 1, to bear North 00'01'02" West, with all bearings contained
erein being relative thereto; thence North 00'01'02" West, along the West line of the
outheast- Quarter of said Section 1, a distance of 2669.49 feet to the Center of said Section
; thence South 88'10'24" East, along the 'North line of the Southeast Quarter of said Section
a distance of 398.95 feet; thence South 37'12'25" East, 859.73 feet; thence South 02'10'53"
'est 1132.58 feet; thence along the East Bank of No. 2 Canal by the following two bearings and
istances, South 17'02'16" East 445.13 feet; thence South 30'19'54" East, 509.92 feet to a
oint on the South line of said Section 1; thence North 88'50'46" West, 1262.91 feet to the
oint of Beginning. Said tract of land contains 53.98 acres, more or less, including a strip
f ground 30 feet in width along the South line of said Section 1, reserved for County Road
ight-of-way purposes and is subject to any rights-or-way or other easements as recorded by
nstruments of record or as now existing on said parcel of land.
e, the undersigned being the sole owners in fee of the above described property do hereby
ivide the same as shown on the attached map.
// / (r.
� lastaLtf r C /cco[vzc</
cold F. Conaway Donna L. Conaway /
COUNTY COMMISSIONERS' CERTIFICATE
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING.
v1t .� rtY�r_ cry BY: r
N AI BOARD OF CO ;TY COMMISSIONERS / y�. x,
ATTEST: ld Ot , rr, t4'.I.4-�.t T_tra/ DATE:
COUNTY CURK 1
I
)URVEYOR'S CERTIFICATE haw.
hereby certify that this plat was prepared under my direct supervision and .that 'ther'ame is
:orrect to the best of my knowledge and belief.
LCD-F �0 firm,
/
4:),yew pmt gsfit [ Cl
ID 14610.1.
:D D L. BERLIER, P.L.S. 18855
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OUNTY OF WELD
ss
TATE OF COLORADO )
he foregoing instrument was acknowledged before me this ,n day of LIMA , 1986.
y commission expires 2,444/ 7� i9€??
itness my hand and Official Stal.
triettA.0—ya 4frocel-r•--)
etary Public
page 2 of 2 File No. 7105-01-0001
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255ra SANDr KNOLLS DIVD Y
MERSEY.COLORADO Some
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD, LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance(
March 1 _ 19 86
1. The undersigned anent hereby acknowledges having received from Marvin L. & Deborah S. Warehime
the sum of 500.00 in the form of personal check ,
to be held by Circle R Realty ,broker, in broker's escrow or trustee eccoont,as earnest money and part pevmenI
for the following described real estate In the Weld County of Greeley ,Colorado,to wit:
SEq, Section 1, Township 6, Range 65, containing 10 acres more or less
together with al! improvements thereon end ell fixtures of a permanent nature currertly on the premises erupt as hereinafter provided, in their present
condition. ordinary wear and tear excepted, known as No._ ,and hereinafter
called the Property. (Street Adores.City. Zia)
David and Sherry Warehime
2 The-undersigned personlsl
les joint tenants/tenants in common',hereinafter called Purchaser,-hereby agrees to buy the Property,and the undersigned owner's),hereinafter called Seller,
hereby agree to sell the Property upon the terms and conditions stated herein
3.The purchase price shall be U.S.S 16,000.00 .payable as follows: S 500.00 hereby receipted for;
(Earnest Money) ; and $15,500 payable by purchasers applying for, paying the
customary costs of and obtaining a loan in the approximate amount of $70,000
to provide permanent financing for aforementioned .acreage and a new modular
home to be erected on said acreage.
4. Price to include any of the-following items currently on the Property: Lighting, heating, plumbing,ventilating,and central air conditioning fixtures
attached TV antennas and/or water softener lif owned by Seller).all outdoor plants,window and porch shades,venetian blinds,storm windows,storm doors,
screens. curtain rods, drapery rods, attached mirrors, linoleum, floor tile, awnings. fireplace screen and grate, built-in kitchen appliances, wall-to-wall
carpeting vacant land; description to be provided by seller
all-in their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in paragraph 11;provided,however, that the
following fixtures of a permanent nature are excluded from this sale: •
Personal property shall be conveyed by bill of sale.
5. If a new loan it to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently la) apply for such loan, (bl 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 April 15 , 19 86 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 hereunoer shall be returned to-Purchaser.
8. 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 S_ n/a an:: 121 an:interest rata.:at to exceed_ n/a Si par annum. If the loan to be assumed has provisions fora shared
equity or variable interest rates or variable payments, this contract is conditioned upon Purchaser reviewing end 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.
7. If a note is to be made payable to Seller as partial or full payment of•the purchase price, this contract shall not be assignable by Purchaser without
written consent of Seller.
B.Cast of any appraisal for loan purposes to be obtained after this date shall be paid be
9. An abstract of title to the Property, certified to date, or a current commitment for Jrtle insurance policy in an amount equal to the purchase price,at
Seller's option and expense, shall be furnished to Purchaser on or before Apri 15, , 4—L. If Seller elects to furnish said
Ulle.insurance commitment, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The dale of closing shall be the data for delivery of deed as provided in paragraph 11. The hour and place of closing shall be as designated by
the lender to the Purchasers
it. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 end 13.Subject to payment or tender as above provided
end compliance by Purchaser with the other terms and provisions hereof.Seller shalt execute and deliver a good and sufficient
warranty deed to Purchaser on April 15 , 19_3Lpcor,by mutual agreement.at en earlier date,conveying the-Property free and clear
of all taxes, except the general taxes for the year of closing, and except none other
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:hens
and encumbrances except none
The printed portions of this form approved by the Colorado Real Estee Commission ISC21.2-81)
except reeoroee and/or apparent easements I0. eephone.electricity. water. sanitary Laver,and ease& es for
any easements visible and or of record.
except the following restrictive covenants which do not contain e right of reverter:
those which do not interfere with purchasers intended us of the property
end subject to building and zoning regulations.
12. Except as stated in paragraphs 11 and 13. if title is not merchantable and written notice of deft-ctbl is given by Purchaser or Purchaser's agent
Seller or Seller's agent on or before date of closing. Seller snail use reasonable effort to correct said ceiectlsl prior to date of closing. II Seller is unaole
correct said defectlsl on or before date of closing, at Seller's option and upon wrstten-notiee to Purchaser or Purcnaser's agent on or before date of cues
the date of closing shall be extended thirty days for the purpose of currecting said defect(sl. Except as stated in paragraph 13,if title is not rendered r.
chantable as Provided in this paragraph 12, at Purchaser's option, this contract shall be void and of no effect and each party hereto snall be released frier
obligations hereunder and all payments and things of value received hereunder snail be returned to Purchaser.
13. 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. Provic..
however,at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shalt oe void enc.
no effect and each party hereto shall be released from all obligations hereunder and all payments and things of-value received hereunder shall be returnee
Purchaser.
14. General taxes-for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents. sewer rents,
mortgage insurance premiums andinterest on encumbrances, if any,and
seal'be apportioned to date of delivery of deed.
15.Possession of the Property Mall be delivered to Purchaser on date of closing
wbject to the following leases or tenancies: None
If Seller fails to deliver posses:ion on the date herein specified, Seller shall be subject to eviction and shall be liable for a daily rental of S n/a
until possession is delivered.
16. In the event the Property shall De damaged by fire or other essulty prior to time of closing,in an amount of not more than ten percent of the;c'
purchase price, Seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event sucn damage is not or cannot
repaired-within said time or if the damages exceed such-sum. this contract may be terminated at the option of Purchaser and all payments and things •
value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite such carnage, Purchaser shall be entitled
all the credit for me insurance proceeds resulting from such damage. not exceeding, however, tne total purchase price. Should any fixtures or services
between the date of this contract and the date of possession or the date of delivery of deed,wnicnever shall be earlier,then Seller shall be liable for the rep-
or replacement of such fixtures or services with a unit of similar size,ace and quality,or an equivalent credit.
17. 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
tendered when due,or if any other obligation hereunder is not performed as herein provided, there shall be the fallowing remedies:
lel IF SELLER IS IN DEFAULT. 11) Purchaser may elect to treat this contract-as terminated, in which case all payments and things of value recer.
hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or 121 Purchaser may elect to treat.tha contract as bur
in full force and effect and Purchaser shall have the right to an action for specific performance or damages.cr both.(hl IF PURCHASER IS IN DEFAULT. Ill Seller may elect to treat this contract as terminated,in which case all payments and things of value recei.�
hereunder shall-be forfeited and retained on behalf of Seller and Seller may recover such damage.as may be proper-or 121 Seder may elect to treat this cci
tract as being in full force and effect and Seller 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 prevail.:
party all reasonable costs and expense, including attorneys' fees.
19. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction
raceived by broker, broker shall not be required to take any action but.ma r await any proceeding,or at broker's option and discretion.may interpleed an
moneys or things-of value into court and may recover court costs and reasonable attorneys' fees.
19.Additional provisions:
This contract is strictly contingent upon purchasers ability to obtain a
recorded exemption on said -acreage from the Weld County Commissioners on
or before April 15, 1986.
This contract is further contingent upon the closipg and approval of
purchasers application for loan to erect modular hme.
•
20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before , 19_
this mstrumen: ;hail uecurne a cu-'re •heft-2e Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties.excise
as stateden paragraph 7.
Broker_ r3e-r7P i RPalte
Dwcneser Date
Marvin L. Warehime
By:
purcnapefDeborah S. Warehime Date
Purchaser's Aodress_ 608 26th -Avenue; Greeley, CO 80631
(The following section to be completed by Seller and Listing Agent)
21. Seller accepts the above proposal this day 01 , 19_,and agrees to pay a commission Of %of the Dui
Chase price lot
transaction. t r o lorfeiture payments
ue snail b in nOer,such payments ar,
e dived between listing broker and Seller,one hall thereof Oo saidr broker,but to exceed tne commission, and the ostance to Ser
things Of aaler
55clwr Soler
Seller's Aadrees
Listing grocer's Name and A,an•ss_-- ---
The pr•nrec poi.m.s or this 'arm apo,o.ed by the Colnraao Real Estate C ommrssron ISC21 2.211
\ , s r-e t.4 5.1.14;•! KND,I S BLVD Cia
5.1.14;•!as KERSEr COLORADO Cs:X.4a
THIS IS A LEGAL INSTRU",AENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
R EStDENTtA L •
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
February , 28 t9 86
1. The undersigned scent hereby acknowledges having received from PA V f f P. WarPh 11ne and Sherry Warehime
the sum of S� , in the form of
to be held by circl , t) car-. t V , broker,.in broker's escrow or trustee account,as earnest money and pan payment
for the following described real acute in the o n 1 r County of 1dn 1 A .Colorado,to wit:
Tart of the ST - , Section 1 , Township 6, Range 65, Weld County , Colorado
together with all-improvements thereon and all fixtures of a permanent nature currently on the premises eaupt as hereinafter provided, in their present
condition. ordinary wear end tear excepted, known as No. 2 539 WCR 72 , Eaton, Colorado , and hereinafter
called the Property. (Street Aoorsn,City, ZIP)
. David E. Warehime and Sherry Warehime
2 The undersigned person's)
las joint tenants/tenants in commonl,hereinafter called Purchaser,hereby agrees to buy the Property,end the undersigned ownerlel,hereinafter called Seller.
hereby apron to sell the Property upon the terms and conditions stated herein.
3.The purchase price shall be U.S.S 90 t 000 .00 payable is follows: S hereby receipted for;
Deed of Trust previously assigned to sellers in the amount of $12 , 309 .20
rent towards purchase (3 inns . @-$200 .00 each month) $600 .00 .
$16 ,000 .00 cash or certified funds at closing.
Sellers to carry a First Deed of Trust on Subject property in the amount
of $67 ,090 .80 payable at 8°4 interest , interest only payment in the amount
of $407 .27 for 2 years from closing date , (April 1 , 1986) .
On April 1 , 1988 said note and Deed of Trust to read, interest 10% per
annum, amortized over 1. 5 years , payable in monthly installments of approx .
$656 .60 principle and interest .
Said note to have no prepayment penalities .
I. Price to include any of the following items currently on the Property: Lighting, heating,plumbing,ventilating,and central air conditioning fixtures.
attached TV antennas and/or water softener Id owned by Seller);all outdoor plants, window end porch shades,venetian-blinds,storm windows,storm doors,
screens, curtain rods, drapery rods, attached mirrors, linoleum, floor tile, awnings, fireplace screen and grate. builtin kitchen appliances. wall-to-wail
carpeting N/A
•
all in their present condition, conveyed free andtlear of all taxes, liens and encumbrances except as provided in paragraph 11;provided.however, that the
following fixtures of a permanent nature are excluded from this sale:There are nn motors to pumps , and no furnace .
Personal property shall be conveyed by bill of sale.
5. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently la) apply for such loan,-4b)execute all
documents and furnish all inlgyrla(lon and documents regyired by the lender, and (c) pay the customary costs of obtaining such loan. Then if such loan s
not approved on or before 1V/ f4 19—,or if so approved but is not available et time of closing,this contract shall be null and void and
all payments and things of value received hereunper shall be returned to Purchaser.
6. II 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 111 a loan transfer
fee not to exceed S / and 121 an interest rate not to exceed %per annum. It 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-!{ conditioned upon obtaining such consent without change in the terms and conditions of such loan
except as herein provided.
7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not be assignable by Purchaser without
written consent of Seller. Purchaser
B.Cost of any appraisal for loan purposes to be obtained alter this date shall be paid by
9. An abstract of title to the Property, certified to date, or a current commitment for title insurance policy-in an amou8ttjqual to the purchase price, at
Parch 15
Seller's option and expense, shall be furnished to Purchaser on or before
, , 1B_, If Seller elects to furnish said
tide insurance commitment, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10 The,Qate of log shill be rh date (or delivery of deed as provided in paragraph 11. The hour and place of-closing shall be as designated by
i,ircfsin
e ri Eea]. I
11. Title shah be merchantable in Seller, except at stated in this parag:aph and in paragraphs 12 and 13.Subject to payment or lender as above provided
and compliance by Purchaser with the other terms and provgionahareol, Seller shall execute and deliver a good and sufficient general
v:_rranty dr.d to PurChnri on ? 1 , f r . 19 Et 6 or, by mutual agreement,at an earlier date. conveying the Property free-and clear
of t: rs r' "m the Serena 1 ! 10 '- h: yeSr'Sreltpfrog: and except_
Ir ! • 'll L[-:'. Ion s, >V _...hen l; iris Wllyd a3 of the date of no:e -_pr's Signature hereon, whether assessed or not;but and cl_;.r el CII /era
.: ].. J an::-o, torrent ea:rfen•ts le ennonr, electricity. eater. sanitary sewer.ono ease is Icr
rf recnr(:, , if any .
is ow-ng result[iv co enan is which do not contain a right of reverter:
Those of record , if any .
ano rube^ to building and zoning regulations.
12 Except as stated in paragraphs 11 and 13. if tide is not merchantable and written-notice of defect(s) is given by Purchaser or Purchasers agent
teller or Sealer's agent on or tetcre date of closing, Seller mall use reasonable effort to correct said oe rectlsl prior to cane of dosing. II Seller is unacle
correct said del ect Is) on or before date of closing. at Seller's option and upon written notice to Purchaser or Purcnaser't agent on b on or
Carafe is pate
ore co
clot •
me date of cling shall be ex tenood thirty clays for the purpose of currecng said deismIs). Except as stated in para9 apn 13,
chartable as Provided in this paragraph 12, at Purcnaser's option, this contract shall be void ano of no enact and each party hereto mall be released from
obligations hereunder ana all payments and things of value received hereunder snail be returned to Purchaser.
13. Any encumbrance recuned to be paid may be paia at the time of settlement from the proceeds of this transaction or from
any riotr shall o it . Pr ano
ic-
however, et the cpbon of either party, if the total indeotedness secured by liens on the Property exceeds the purchase price,
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
Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rent:, water rents, sewer rents,
rnor.szge insurance prerr.iums ano interest on encumbrances, if any,and ?Trine
s;.al' be appertionec to dale of delivery of deed. October 19 , 1985
15.Possession of the Property snail be delivered to Purchaser on
snblect to-the following leases or tenancies: None
•
-C-
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 S
until possession is delivered.
16. In the event the Procerty shall be dam-aged by fire or other casuity prior to time of closing,-in an amount of not more than ten percent-of the :c'.
purchase price, Seller shall be obligated to repair the same before the dare herein provided for delivery o:deed. In the event soon damage is not or cannot
repaired within said time or if the Camases exceed such sum, this contract may be terminated a: the option of Purchaser and all payments and things
value received-hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite such Carnage. Purchaser snot(be entitle
ail the credit for the insurance proceeds resulting from such damage. not exceecing, however, me total purchase price. Should any fixtures or services ti
between the date of this contract and the date of possession or the date of delivery of deed, vaiiCnever shall be earlier,then Seller Mail be liaole far one rep.:
Or replacement of such fixtures or servicas with a unit of similar sae,age and quality,or an equivalent credit.
17. 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
tendered when due, or if any other obligation hereunder is not performed as herein provided, there shale be
w the fallowing allo all paymmedies:
ents and things of value recen
(al IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated,
hereunder snail be returned to Purchaser and Purchaser may recover such damages as may be proper,or (21 Pule ate`may elect to treat this contract as be-
in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both.
lb) IF PURCHASER IS IN DEFAULT, (11 Seller may elect to treat this contract as terminated,in which case all payments and things of value react,'
hereunder Mall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or (21 Sailer may elect to treat this cc,
tract as being in lull force and effect and Seller shall have the right to an action for specific performance er damages,Or both.
It) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevail',
parry all reasonable costs and expense, including attorneys'lees.
13. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction
received by broker, broker shad not be required to take any action but may await any proceeding, or at broker's option and discretion,may interplead ar
moneys or things of value into court and may recover court costs and reasonable attorneys' fees.
19.Additional provisions:
1 . This contract upon exceptance of all parties will cancel contract
dated on October 18 , 198 •
2 . Purchaser to pay property taxes , insurance .
3 . Subject to a land split nn subject property.
4. The x,43 .00 a month purchasers have been plying sellers since Jan. 1986
thru March 1986, to be credited towards the 1986 property taxes .
5 . Said Deed of Trust to be "Due upon Sale " .
•
•
March 7 , 7586
20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before x
this instrument shall become a--contract between Seller and Purchaser and shah inure to the benefit of the heirs.successors and assigns of such parties. z
as std t)
paragraph 7.
1 ;
p1; o�' " Broker_ rie'r1 a BA11 t)
J�J/a1ev �C/!1 Dale
•
4 / vale
i a:er
Porcnaser's Address_
(The following section to Oa completed by Seller and Listing Agent)
19_,ano agrees to pay a comm:es:on of `5 of t^.e p
at _ere r ',seems it the c apse crudes at this day of or,
case p �cf igi services in this irunsai tlPn. ;no agrees Inds, in toe event 01 loaf liture of payments and risings 05 value recta ea nereu racer, Burn P-smenC
to,nos Ct ,a`ur sra'.I be sword between listing Drover aria Seller,one'helf thereof to said broker,but not to exceed one COmTT ission, and the baian:e ' [alive,
.. _. ..—. Saner•
ircle Realty
25574 SANDY KNOLLS BLVD
KERSEY.COLORADO 80644
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
• (Remedies Include Specific Performance)
October 18 _ t985
1. The undersigned saint hereby acknowledges having received from David E_ 1'+arehi me and Sherry Yea rehi me -
thesumofS ) iii ()0 ,in the formol nrrrcct mnnay rntm
to ba held by Cl rr lB i 'k'kg-'lty .broker,in broker's escrow or trustee account,as earnest money and part payment
for the following described real estate in the County of `h r a ri -.Colorado,to wit:
Part of the SE 4, Section 1, Township 6, hange 65, weld County, Co.
together with all improvements thereon and all fixtures of a permanent nature currently on the prg,mises except as hereinafter provided. in their present
condition, ordinary wear and tear excepted, known as No. 23539 ‘'Cr)' 72, Eaton, Colorado ,and hereinafter
Called the Property. (Stied Address.City.210)
2. Theunderssig�nedpso ernlsll David E. Yfarehime ana Sherry '�rarehime
Ice joint tenants$" pWetglorh 7ny1.hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned ownerls),hereinafter called Seller.
hereby agrees to sell the Property upon the term.and conditions stated herein.
3.The purchase price shall be U.S.S 90,inn nn ,payable as follows: S l fl l fill hereby receipted for;
512,3C9.20 in the form of a First Deed of Trust to be Asigned to Sellers , Said
Deed of Trust and Promissory note to be payable at 10%b per annum, amortized over
15 years, payable in monthly installments of 5122.29 Pala , secured by property
located at 33216 V.CiL 380, Kerst.y, Colorado. Beginning Dec. 1, 1585, Purchasers
to pay 5200.00 a month to sellers , i to be considered rent, ₹ to be applied to
purchase price.
577 ,590.80 to be due and payable January 8, 1987, Via a new loan, or renegioted,
interest to be no more than 13%d per annum. If at that time lenders turn purchasers
or property down (at least 2 lenders to be applied at ) , rent to be increased to
5400.00 a month for an additional year, again i towares rent , 'g towards purchase
price. there will be no pre—payment penality.
•
4. Price to include any Of the following items currently on the Property: Lighting, heating,plumbing,ventilating,and central air conditioning fixtures:
attached TV antennas and/or water rottener lif owned by Seller);all outdoor plants,window and porch shades,venetian blinds,storm windows.storm doors.
screens, curtain rods, drapery rods, attached mirrors, linoleum, floor tile, awnings. fireplace screen and grate. built-in kitchen appliances. wall-to-wan
carpeting n/a
all in their present condition, conveyed free and clear of all taxes, liens and encumbrances except as provided in paragraph 11;provided,however, that the
following fixtures of a permanent nature are excluded from this sale: there are no motors to pumps, and no furnace.
Personal property shall be conveyed by bill of sale.
5. 11 a new loan is to be obtained by-Purchaser from a third party, Purchaser agrees to promptly and diligently la) apply for such loan, Ibl execute all
documents and furnish all information and documents required by-the lender, end 1e) pay the customary costs of obtaining such loan. Then if such loan is
not approved on or before d r it any a. . 19..E.,or if so approved but is not available et time of closing,this contract shall be null and void and
all payments and things of value received hereunder shall be returned to Purchaser.
6. II 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 It)a loan transfer
fee not to exceed S_ n/c and 121 an interest rata not to exceed %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. II 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.
7. If a note is to be-made payable to Seller as partial or full payment'of the purchase price, this contract ,hail not be assignable by Purchaser without
written consent of Seller.
B.Cost of any appraisal for loan purposes to be obtained after this dale shall be paid by CUrCbL.^Or
9. An abstract of title to the Property, certified to date, or a current commitment for title insurance policy in en amount equal to the purchase price,at
Seller's option and expense,Snarl be furnished to Purchaser on or before January 2 , 19—QZ. If Seller elects to furnish said
title insurance commitment, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delivery of deed as provided in paragraph 1I.The hour and place of--closing shall be as designated by
circle k( Realty
11. Title shall be merchantable in Seller. except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender es above provided
and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a-good and sufficient
warranty deed to Purchaser on si our.--y 8 . , 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—Sion P
tree and clear of all liens lot special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear o1 all bens
and encumbrances except
The printed portions of this form approved by the Colorado Real Estate Commission ISC21,2.811
except recorded and/or apparent easements for telephone,electricity,water,sanitary sewer.and eesanse,ua for
Those or record, if any
except the following restrictive covenants which do not contain a right of reverter:
•
Those of record, if any.
and subject to building and zoning regulations.
12. Except as stated in paragraphs I1 and 13, if title is not merchantable and written notice of defect Is) is given by Purchaser or Purchaser's agent
Seller or Seller's agent on or betore Cate of closing, Seller shall use reasonable effort to correct said derectlel prior to date of closing. If Seller is unable
correct said defect III on or before date of closing, at Seller's option and upon written notice to Purchaser or Purcnaser's agent on or before date of clos.r
the date of closing shall be extenood thirty days for the purpose of currecting said defectlsl. Except as stated in paragraph 13.if title is not rendered it
cesantable as provided in tnis paragraph 12, at Purchaser's option,this contract shall be void and of no effect and each party hereto snail be released from
obligations hereunder and all payments and things of value received hereunder snail be returned to Purchaser.
13.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. Provic':
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 ant,:
no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received-hereunder shall be returnee
Purchaser.
14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents. sewer rents, FF
mortgage insurance premiums and interest an encumbrances,if any,and ' 011 P
the beappertioned to date of delivery of deed.
15.Possession of the Property shall be delivered to Purchaser on October 19 1985
subject to the following leases or tenancies: none
If Sailer fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for a daily rental of S
until possession is delivered.
16. In the event the Property shall be damaged by fire or other cesuhy prior to time of closing,in an amount of not more than ten percent of the to:
purchase price, Seller shall be obligated to repair the same before the cafe iterein provided for celivery of deed. In the event such damage is not or cannot •
repaired within said time or if the damages exceed such sum, this contract may be terminated a: the option of Purchaser and all payments and things
value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite such carnage.Purchaser snail be entitles '
all the credit for the insurance proceeds resulting from such damage, not exceecing, however, ins total purchase price. Should any fixtures or services 1.
between the dare of this contract and the date of possession or the date of oelivery of deed,wrs'cnever shall be earlier,then Seller shall be liable for the rep.,
or replacement of such fixtures or servicas with a unit of similar size,age and quality,or an equivalent credit.
17. 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
•
tendered when due,or if an"other obligation hereunder is not performed as herein provided,there shall be the fallowing remedies:
(al IF SELLER IS IN OEFAULT, Ill Purchasermay elect to treat :ha contract as terminated, in which case ail payments and things of value racer.
hereunder shall-be returned to Purchaser and Purchaser may recover such damages as may be proper.cr 121 Purchaser may elect to treat this contract as beta
in full force and effect and Purchaser shall have the right to an action for specific performance or damages.Cr both.
(hl IF PURCHASER IS IN DEFAULT, 11) Seller may elect to treat this contract as terminated,in which case all payments and things of value recerr
hereunder shall be forfeited end retained on behalf of Seller and Seller may recover such damages as may be proper,or 12) Seder may elect to treat tins ct,
tract as being in full force and effect and Seller shall have the right to an action for specific performance er damages,or both.
la Anything to the contrary herein notwithstanding,-in the event of any litigation arising out of this contract, the court may award to the prevails
party all reasonable costs and expense, including attorneys'fees.
19. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money bald by broker, unless mutual written instruction
received by broker, broker shall not be required to take any action but may await any proceeding,or at brater's option and di:cretlon,may interplead on
moneys or things of value into court and may recover court costs and reasonable attorneys' fees.
19.Additional provisions:
1. Purchasers to pay all 1965 real estate taxes and future years real estate
taxes. Purchasers also to keep property insured.
2. Sellers to furnish a written Oh&E at the expense of x35.00.
3. Property to be rented with option, and it is understood the 112, 09.20 note
that is assi:ned to sellers, is option money and Bon-refundable.
1+. Property is in Flood Plain.
5. The Leed of Trust , to be assignee to sellers!, is to be covered with a rire&
Extended coverage insurance with the Seller as loin holder.
6. heal restate commission to be paid when option is carried thru or renegioted.
:0. If MIS proposal is accepted by Seller in svrrtine and Purchaser receive;notice of such acceptance on or before nctc bar 2 t4vy
this instrument shall become a contract between Seller and Purcnasar and shall inure to the benefit of the heirs,successors and assigns of such parties. excec
as st.1t n paragrach 7.
/
•
r� ee ii_tt ,.t, tJ Broker_ ri —t'7n '+ R>?lt f
o
uscnasern A O414
(77:7,14i lOC' .
ourn.var Jul
Purceaser's Andress_
(Thefollowing section to be completed by Seller and Listing Mend
at. Seiler accepts the apove proCosel this day of . 19_,amp agrees to pay a commission of Z%of the p..,
craze price roe services in tins transaction. and agrees that. in me event of forfeiture of payments and things or value received hereunder. such payments art
things or alive snail be Crv,ped between listing aroxer and Saner,one-half thereof to said broker,but not to exceed the cemmisssdn, and the Balance to Seller
Seiler Seller
.Sellers Address
Denny 3rcxer; Name-:ea n.:itess—
--
Tee Jrnsec purl.tans al my them :pOrc.ap ny the Con;r,dn Peal is slate r omrn.esaon I5C21 :•311
(0 AcIZW5.
RARCt JB
3r1 ACRE
_1 / 1
FiSTIMV
PAKEL A \ gcv0+-Eawk No 2. Cana) •
to kers
froQmea t47wv CoUA)TI.' RO# 1 71
& barn
1)
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