HomeMy WebLinkAbout860785.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 905 - LML, LTD.
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. 905 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 905 was
submitted by LML, Ltd. for property which is located in part of
the NWa , Section 3 , Township 3 North, Range 68 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 10 acres and 82 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 sixty days from the date of approval by the Board of County
Commissioners.
f QQ 7 O P 1 1eJ t. 860785
Page 2
RE: RE #905 - LML, LTD.
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 11th day of
August, A.D. , 1986.
nn BOARD OF COUNTY COMMISSIONERS
ATTEST ( � � � WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board cq line _Jo nson, Chairman
EXCUSED DATE OF SIGNING - AYE
BY: - 62P----72L-ca p L C .
t�� [�1on E. Lacy, Pro-Tem
eputy County C rk pit tg
APPROVED AS TO FORM: e R. Brantner
/� C.( r( c
County Attorney ✓ --;e0j
Frank Yama chi
G��
850785
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY, COLORADO 80631
COLORADO
August 1, 1-986
tiryy� r)
V
Board of County Commissioners "� '��✓
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80531
Re: Recorded Exemption #RE-905
Dear -Commissioners:
This -request for a recorded exemption is submitted by LML, Ltd. The parcel
of land on which this request is being made is described as part NWI of
Section 3, T3N, 3168W of the 6th P.M. , Weld County, Colorado. The property
is located approximately 1 mile north of Mead on Weld County Road 7. 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 10 acres and 81.667
acres, more or less. The applicants swish to retain the larger parcel and
maintain its present use and sell the smaller parcel as a _rural residential
homesite. Both proposed lots will have access and adequate frontage to Weld
County Road 7.
The property is irrigated, consisting of approximately 30 acres planted in
corn. Ponds, ditches, and idle farmland of variable elevation make up the
balance of the subject site (see attached maps) .
A portion of proposed Lot B and all of -proposed Lot A contain Nunn Clay Loam
soils -which are classified, when irrigated, as prime farmland by the Soil
Conservation District. Mr. Jerry Boos, prospective buyer of Lnt A, wishes
to take -a portion of the land out of corn production and build a residence.
The application materials state that the remainder -of the 10 acres will be
used for grazing or hay -production. The staff questions that the intended
use is consistent -with the County Comprehensive Plan.
The parcel under -consideration was previously -subdivided in 1975. Recorded
Exemption 160 was approved by the Board of County Commissioners to allow -a
7.9 acre site with residential improvements to he split from the existing
91.-667 acres. There are no existing improvements on the subject site;
860785
LML, Ltd.
August 1, 1986
Page 2
therefore, the granting of Recorded Exemption -905 will -create the potential
for 2 new building sites at this location.
The following referral agencies have reviewed the application materials and
have no objections to the request:
- Weld County Health Department
- Highland Lake -Lateral Ditch Company
- Town of Mead
It should be noted that Mead's comprehensive plan area includes only the
corporate limits of the town.
The Department of Planning Services staff reviewed the recorded exemption
request from LML, Ltd. on July 29, 1986, -and has concerns for approving a
request to resubdivide this parcel. A 10 acre rural residential site would
be created by the exemption in a location not designated within a future
town growth area. Further, the -applicant has not -adequately addressed in
the submitted application materials that the proposed land use will be in
compliance with the Weld County Comprehensive Plan, consistent with the
intent bf the agricultural Zone District, and consistent with efficient and
orderly development.
The staff requests that the Hoard of County Commissioners consider this
recorded exemption application and determine if the standards of Section 9-2
E (1) (a) through (m) have been met.
Respectfully submitted,
(.1 '‘ • V
Glbr V. Dunn
C nt Planner
Enclosure
GVD:dy
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: LML, Ltd. Case No: RE-905
Legal Description: Part NW} of Section 3, T3N, R68W of the 6th P.M. , Weld
County, Colorado.
Larger Lot Size: 81.6 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
August 6, 1986, to consider the application.
By V /yam %-- Date Lidit, o"/, 72 16
rr nt Planner
735
, 17d/ 7/so'&
FIELD CHECK
FILING NUMBER: RE-905 DATE OF INSPECTION: July 25, 1986
NAME: LML, Ltd.
REQUEST: Recorded Exemption on 91.6 acres.
LEGAL DESCRIPTION: Part NWi of Section 3, T3N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1 mile north of Mead, south of Weld County Road 38,
and east of Weld County Road 7.
LAND USE: N 2 residences, Highland Lake Lateral Ditch, Highland Estates
Subdivision
E Farmland, residence
S Cornfield
W Weld County Road 7, cornfield, residence
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access to the property is from Weld County Road 7, a paved road. The 10
acres under consideration is planted in corn. The southwest side of
proposed Lot B is also planted in corn. The remainder of the lot contains
ponds, farmland, and an irrigation ditch; this area is variable in
elevation, sloping down to the ponds.
By:
Gloria . Dunn
Curren Planner
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REFERRAL LIST
APPLICANT: LML, Ltd. c/o Richard Campbell CASE NUMBER: RE-905
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 18, 1986
NO SR NR NO SR NR
v. _ County Attorney
X Weld County Health Dept.
Engineering Department
County Extension Agent
_ Office of Emergency Mngmt
X Town of Mead
P.O. Box 217
Mead, CO 80542
/
le/ X Highland Lake Lateral Ditch Co.
c/o Clayton Claus
3759 Weld County Road 36
Platteville, CO 80651
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
7 DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.4400
((i 915 10th STREET
"I GREELEY,COLORADO 80631
lit
CASE NUMBER RE-905
COLORADO
June 25, 1986
TO WHOM IT MAY CONCERN:
Enclosed is an application from LML, Ltd. c/o Richard Campbell for a
Recorded Exemption on 91.6 acres. The parcel of land is described as part
I of the NW} of Section 3, T3N, R68 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 north of Mead, south of Weld County Road
38, and east of Weld County Road 7.
This application is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this request would
I 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 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 July 18, 1986, so that we may give full consideration to
your recommendation.
1- x We have reviewed this request and find that the request
,does not (does/does not) comply with our Comprehensive Plan
for the following reasons. Our Comprehensive Plan doesn't
extend past the corporate limits of the Town.
2. We do not have a Comprehensive Plan, but we feel this
request (is/is not) compatible with the interests
of our town for the following reasons:
3. A formal recommendation is under consideration and will be
submitted to you prior to:
4. Please _refer to the enclosed letter.
Signed: d ,Q, 6Pa a Agency: �tlur Cj �9
2
Date: ,te -do 1 9 yh CJX
Thank ou very much for your help and cooperation in this matter.LIG1 'ria V. Dunn
Cu re Planner 0
U L 101986
Weld Co. Planning Commisair
mEmc,RAflDUm
wine
To Weld County Planning Date June 30, 1986
COLORADO From Health Protection Services 4 �—�
Subject: Case Number: Re-905 Name: LMT, Ltd. Richard Campbell
Health Protection Services will require the following for this proposal:
1. Weld County Septic Permit is required for the proposed home and
septic system and shall be installed according to the Weld
County Individual Sewage Disposal Regulations.
By Direction of Ralph R. Wooley, M.D.
r, ._
1 ! 1980
Weld Co. Plonk Commission
July 17, 1986.
To \Thom It may concern
The Highland Lake Lateral Ditch company
have know objections to the recorded exceptions
on Weld county road #7 . lZ miles north of
Mead Colorado. Concerning Gerald Boos purchase
of said property.
Highland Lake Lateral Ditch co.
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a *.7)_O({: 1, ;
.,'UL 2 i 1966
Weld Co. Planning Couwissior
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APPLICATION FOR -RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department mf Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPI. 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 Meld County Board of County Commissioners.
LEGAL DESCRIPTION:
Per attached
TOTAL ACREAGE: 91,667 acres
Has this property teen 'divided from or -had divided from it -any -other property since
August 30, 19721 Yes X No
Is this parcel of land under considered-on the total contiguous land owned ty the
applicant? Yes X No
FEE OWNERS OF PROPERTY:
Name: LML, LTD, a Colorado Limited Partnership
c/o Mr. Richard Campbell 779-4344 Office
Address: 5 Crestmoor Drive, Denver, _Co. 80220 Phone: 322-3116 Home
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Little Thompson Smaller Parcel Little ¶fliixvson
Tap available flap available
TYPE OF _SEWER: Larger Parcel Smaller Parcel
Currently for sale &
PROPOSED USE: Larger Parcel leased for cropeSmaller Parcel -Rural homesi1e
ACREAGE: Larger Parcel 81.6 Smaller Parcel 10
EXISTING DWELLINGS: (Yes or No) No (Yes or No) No
I hereby depose and state under the penalties of perjury that ell statement-s,
proposals, end/or plans submitted with or contained within this application are true
and correct to the best -of -my knowledge.
COUNTY OF WELD
STATE OF COLORADO ) �. C�
Signs re: 0 r or Authorized Agent
Subscribed and sworn to before me this day -of , 19
(SEAL)
Notary Public
My Commission Expires
4. This recorded exemption is requested to enable the fee owners to sell
a portion of their land to provide a rural residential homesite for
their purchaser.
5. The proposed exemption will in no way adversely affect the Weld County
Comprehensive Plan, which is intended to preserve the agricultural
nature of the county. The entire parcel has never had a homesite, and the
smaller 10 acre parcel being divided from the larger will continue to pre-
serve the agricultural flavor of the county, and more particularly, the
area.
6. Present zoning of the parcel is agricultural. The split-off parcel will
continue to function within the parameters set forth for this type of
zoning. The only difference will be that a home will be built on the
parcel.
7. As explained in the above paragraphs, the intended use will be compatible
with the existing zoning. A hone will be erected, with the remaining ground
being used for grazing or hay ptaduction. Sufficient water will be con-
veyed with the property to maintain the ground in a productive manner.
8. The parcels will be very compatible with the surrounding area. The
property is located approximately 1 1/2 miles north of the Town of Mead,
with frontage on Weld County Road 7. The smaller parcel will be used as
a rural hone site, similar to several existing properties in the immediate
area. The property directly to the north is a 12 acre parcel, with an
elegant Victorian era home and outbuildings. The majority of the acreage
is in pasture. Ajroximately one half mile to the south, on the corner of
Roads 7 and 36, lies a 7 acre parcel with a home and outbuildings, with
the ground in pasture for grazing horses. Also on Road 36 are a series
of 10 acre parcels, with hones and outbuildings with much of the land in
pasture and same in crops. Just a short distance to the north of the sub-
ject property lies Highland Estates, a rural covenant-controlled subdivision
with lu mes on one or two acre lots. The remaining land in the area consists
of larger farms.
9. As stated in #8 above, this recorded exaction will simply add one more
compatible property to the several already in the area. A like property
is contiguous. It would scan this parcel will blend in in an organized
and proper fashion. Due to the desireability and market value of the
land, it is very unlikely that it would sell for the purpose of a strictly
agricultural use, as sufficient income cannot be derived from the 1-and to
warrant such on investment. It would scan that this recorded exemption
would facilitate the controlled growth of the area, while staying in keep-
ing with the existing properties.
10. Domestic water will be brought into the smaller parcel by way of a Little
Tlaxnpson water tap. The water line is in Road 7, on the west boundary of
the property. Aseptic system will be installed per the guidelines and
inspections of the Weld County Environmental Health Dept.
11. Per a conversation between Gloria Dunn of -the Weld County Planning Dept.
and Carol Cizek of RE/MAX of Longmont, the selling agent of the parcel
on June 10, 1986, this parcel is not located in a flood plain, geologic
hazard, or Weld County Airport overlay district.
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-.11932391 R 1001 SEC 01732/71 07/35/93 13'36 36.00 1/0 F '7232 NARY ANN FEUERSTEIN CLERK Pi RECORDER WELD CO. C0o2
P.ECORD'•3R'A STAMP ..
THIS DEED. .Made this day of June ,5983 .
between CHARLES S. KRCWCZYK and PHYLLIS A. KETWCZYK
o rtus •bunty of le f fe rson and state of
Colored..nose lint part,and •YL, LTD., a Colorado Limited
1 F a rtaereli p,
shot'regal adlreee in 6900 E. Bel le;iew Avenue, Englewood,
..o1Oo:do 80111
of the County of Arapahoe and state of
1_n., odo,it(tr..second part.
WI;\ES;.'.TH T`.at the maid parie a aide first part,for and ir.contd.:a:inn or!he•um er
Tar 5 no/L00 (510.00) AND OTHER GOOD AND VALUABLE COHSIDERAIICII COLLARS.
to the sand pities nhhe':nt part in hand paid by the said par:u of the second part the receipt whereof
is hereby confessed and acknowledged. bye remised.released,sold,conveyed and QUIT CLAIM F.D.and by glass
r e.entr la temue,releas, tell convey and QUITCLAIM unto the said party of the second part, its hsln,
y aprres?0:and a,sir..forever,all the right,title,interest,cla;m and demand w.lch the laid part es of the first part
( have nand to the fnit.wing described lot or parcel of land situate,lying and being in the County
,f ;Cele end State of Coin edo.to wit:
"ee Exhibit "A" attached hereto and incorporated by reference here in.
1
also'n nen ea street and number
TO SAVE AND TO HOLD the same.together with all and singular the Appur•enances and privilege,thereunto
belonging or in anywise thereunto appertaining.and all the iterate,right,t.le,ante:eat aid claim what suve•,of the
said parties of the fiat part,either in law or equity,to theonlyproper use,benefit and..ehoci of the said party of
':he.ecind part, its heinand assirnarorever.
ix'YITSLfS WHEREOF,The said parties or the first Part hi Yiyiereunto setheir+anda
and sesla the day and year first above written. •
���� /
4..C.+.: ,Z'CLI.acflir — ._l —AL]
Y•gned,.:Sealed and Delivered in•.ne Presence of
l^ar.�y S. :(
Fh Lta _ _ ._ ._
�.7Kiov t k_`. ��
• 1eFAL
1_EALt
STATE OFCOLORADO,
•a.Coo nty.,r Denver
the foregoing instrureent wee acknowledged before me this 29th lay of .IUDD
•
12 83.6Y' Charles S. KroM._zyk and Phyllis A. Krct.czyk 'j11O')
M ycommsaion eeplrea December 12 ,1335 ,Witness my hand and official teal. - . .
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6900 East Selleviewl, EnRieccod, Co:orado 80111
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B 1001 REC 01932391 07/05/83 13 56 46.00 2/002
F 0233 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
EXHIBIT •A" TO QUIT CLAIM CEED
BETWEEN CHARLES S. KRCWCZYK AND PHYLLIS A. KRCWCZYK
and L.NL, LTU. , a Colorado Limited Partnership
DATED JUNE , 1)83
Lot B of Recorded Exemption No. 1207-3-2-RE1EG, Being part of
the NW 1/4 of section 3, Township 3 North, Range 68 :Jest of
the 6th P.M. , Weld County, Colorado.
Together with the following described water rights and water
stock:
1. One unit of stock in the Highland Ditch Company.
2. One unit of stock in the Highlandlake Lateral
Ditch Company.
3. Eighty units of stock in the Northern Colorado
Water Conservancy District.
4. Ccnnely Reservoir 41: At a point whence the NW
Coiner, Section 3, bears North 40°17'00' West,
1,930 feet; thence North 75°05'00' East, 50 feet;
thence South 46°47'00• East, 300 feet, thence
South 65°30'00' West, 200 feet; thence North
25°30'00" West, 110 feet; thence North 12°03'00"
•
West, 180 feet to the true point of beginning,
containing 0.86 acres more or less.
Ccnnely Reservoir }2: At a point weenie- the NW
Corner, Section 3, bears North 36'50'00" West,
2,640 feet; thence North 84°00'00' Fast, 110 feet;
thence North 05°20'00• East, 90 feet; thence
North 17'16'00" West, 135 feet to the true point
of beginning, containing 3.94 acres more or less.
I
1 111 bearings assume the West line of Section 3 as
A being North 00'00'00' East.
The amount of water:
Connely Reservoir 41: 2. 7 acre feet;
Connely Reservoir #2: 13.6 acre feet.
Date of appropriation: April 30, 1973 for both
Reservoirs.
, /'''- a ! .: FE' 41915 ' 1 i
1653452 1 i
Rq No. . ; •
r --GORoED EkaMtPT;oM No. 1207-3-2- RE 160 S} 1
. J SCRI?T:0X 1
-he Northwest Quarter of Section 3, Township 3 North, Z
p rt
E '.c-n t ..,.,t of the 6th Principal Meridian, Weld County, Colorado,
de.'. .- _ s:_ "allows: i
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F- - t.:a Sort:._ at corn••r of said Section 3, proceed South 0' East,
- 6 . , feu:. ,ng the ':•-at line of said Suction 3, to a point marking 1. S
t.:- ..cuthwest corner of rig'.iand Estates, ■ subdivision in Weld County, S
Cr .1 point also being the point of beginning: t
•
- From the point of beginning, continue South 0' East 558.00 feet, along i
tr. Welt line of said SecthJn 5; thanes North 88. 02' 25" test, 669.09 i
f- •t; thence North H5• East, 362.50 feet; thence South 85' East, 200.00 j
. ft- t, thence ,:nth 9. 06' East, 473.80 feet; thence North 89' 50' West
1' 4.0.) feet, to ;.he West line of said Section 3; thence South 0' East,
• 11. 4.85 feet, along the West line of said Section 3, to the West Quarter 5
corner thersof; thence North 89' 22' 10" East, 2510.00 feet, along the
South line of the Northwest Quarter of said Section 3, to a point lying k
:IT ' 55.86 fee: West of the center of said Section 3; thence North 42' 35' t
East, 2C_.03 feet, to F point on the East line of the Northwest Quarter °
of n^-id Sectien 5. sail point lying 146.52 feet North of the center of a .3
ction 3; t:seuue North )° 0-. 10" East, 1017.29 feet, along the f ≤
E. 't '..in, of the torttweet quarter of said Section 3, to the Southeast i
cortar cf said 31gler,d Estates; thence Westerly, along the South line .
of sa_ i:ishland tnnee on the following courses, North 56' 32' 50"
_ _s i
West, 222.28 feet; thence North 74' 28' 30" West, 341.39 feet; thence •
Nora -6' 76' 50" dest, 142.84 feet; thence North 31. 23' 20" West,
400.23 feet; thence North 67' 01'. 10" West, 815.17 feet; thence North -4+,.., t
78. 45' 10" J / U,t^Jest, 73.83 feet; thence ,South 73' 50' West, 310.59 feet;
thence
Forth .'-8. 45' 330" West. 700.28 feet, to the point of beginning, ( 1
I,4,_22.., ,r/✓: C r.....ry , being the sole owner, in fee, of the /1 �.
91
abe:e c -------ea. property, do hereby divide the sane as shown on the
att_cht: rip !I'',I
tledc1.
The foregoing certification was acknowledged before as th 0}�`6''�'da�- , 1
, of_ 41:__r; . , s.9., 1974. ji a. M .
_____..r 19 cor:t.ssiun o>piree - .,Z / 998 .(,.., l ,,
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•
Witness hand and seal �� .nC.!2J C � e
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Notary Faille • 3
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i I, John W. Schmacht, do hereby certify that this plat was prepared b
• Re; and the'. the same is correct to the best of ay knowledge k-
and belief.
`
I \ 7 �(st�X-1
i Colorado Registered Lan' Surveyor
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1 Thewecconnenying plat is accepted and approved for filing.
-' CEairaao t.no -»+zT-af Jounty Coamise oni
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• Attest: Gou"tr ::ark and Recorder
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STATE O COLORADO } -`�
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Co'1NTY OF WEED i
2(. NON. 1974 °E - CERTIFY THAT THIS INSTRUMENT I Oi 3 I
'. r' ,OR RECORD Iry,(.1Y UE�FIC��7A(T� h1 .. i
•, iE, RECORDED IN Ina N0._
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' RECORDER 9.
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VACANT LAND Cf hACI TO BUY AND SELL REA :STATE
(Seller's .umedy limited to liquidated Damages)
The printed portions of this form approved by the Colorado Real Estate Commission(SC 28-241)
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
�f/n4.)3O , 19.1'Z.
1.The undersigned agent hereby acknowledges having receivedfrom Gerald C. Boos and Rose Ann Boos
the a of $ ,in the form of a note to be redeemed for cash on °ro871fij86
by . 'Lt u``f a n• /U S- ' /�r✓it-7'`/ ,broker,in broker's escrow or trustee account,as earnest money and
part payment for the following described real estate in the said County of WP d
Colorado, to wit:
A portion of the NW3 of Section 3, Township 3 N, Range 68 West of the 6th P.M. 10 acres
in size, and shown on the attached survey which is made a part hereof.
together with all easements and rights of way appurtenant thereto,and 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 l7,the undersigned pereoo(s) Gerald C. Boos and Rose Ann Boos
(as joint tentenantslytaysiiieptiff9i. hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s),hereinafter
called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein.
3.The purchase price shall be U.S.$ 42,000.00 payable as tollows:$ 1,000.00 hereby
receipted for,
$41,000.00 additional plus customary closing costs in certified funds upon delivery of deed.
t pt,icebinclude: any minerals currently owned by the seller
and the following water rights: 10 units of Northern Colorado Conservancy District water
•
5.U a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promply 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 U 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.
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 g N/A and(2)an interest rate not to exceed N/A %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 the 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 cat
without change in the terms and conditions of such loan except as herein provided.
7. U 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.
8.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/A
9.Ageti ft/ab Of/title/41 fhdf/qtt6titi•khytili 64 jeo/cjalti Hi current commitment for title insurance policy in an amount equal to the purchase
price,at Seller's pQdexpense, shall be furnished to Purchaser on or before May 23. . 1986 .U 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 11.The hour and place of closing shall be as designated by
Hoagland—Moss Realty and Re/Max of Longmont •
11.Tide shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.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 June 16,
19 86 ,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 nothing else
•
free and clear of anima ma for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of
all Bens and encumbrances except None
incept the following restrictive covenants which do not contain a right of reverter: those of record
tad except the following specific recorded and/or apparent easements: those of record and those apparent and in use.
ti,
The printed portion.of ihis form approved by
the Colorado Real Eat.te Commission(CP 40-2-X I)
THIS 15 A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
COUNTERPROPOSAL
RE:Proposed contract for the purchase of property described as:
A portion of the NW 1/4 of Section 3, Township 3N, Range 68 West of the 6th
P11. 10 acres in size and shown on the attached survey which is made a part
hereof
also known as number
situated in the . -. weld ,Colorado,dated
. . _County of. _ .._ _
April 30 - _ _-_--, 19 86 - between UAL, Ltd. _--_,Seller,
and Gerald C. Boos and Rose Ann Boos - -_—--------__,Purchaser.
The undersigned Seller accepts said proposed contract,subject to the following amendments: i
1) The purchase price shall- be $48,000;
2) The date for delivery of title commitment will be extended to June 13, 1986;
and
3) The closing date will be extended to July 15, 1986.
All other terms and conditions shall remain the same. If this counterproposal is accepted by Purchaser,as evidenced
by Purchaser's signature hereon,and if Seller receives notice of such acceptance on or before__ L9aI 21- ,
19_E_,the s j9 proposed contract,as amended hereby,shall become a contract between the parties.
er Seller
The f�ggqqj++++RRgoing c erproposal t is accepted this day of. —, 19__._
V� .___c
, r Sec/r;./......—_
J44,,
Pewh er — 1'u Rchoser
If this counterproposal is accepted by Purchaser as aforesaid, Seller agrees to pay listing broker a commission of
7 as of the purchase price for services in this transaction,and agrees that,in the event of forfeiture
of payments and things of value received hereunder and under said proposed contract,such payments and things of
value shall divided between Seller and listing broker, one-half thereof to said broker, but not to exceed the
commissio ,and the ba an to Seller.
Se er • d 11 Seller
•N.B. When this counterproposal is used,said proposed contract is not to be signed by Seller.
This counterproposal must be securely attached to said proposed contract.
No.CP410.2-S1. COUNTERPROPOSAL Bradford Puhl\king Co_5825 W.6ih Ave.Lakewood.A d.Colorado 80214—13031 233.69(01 4-84 t l -
r.xiuia LU dlatt%t lit pii...nonplIp. 11 and I S d Mlle! ' ' pl wor!:nita Wu slit}wriliut111O4Ctl ul duIuLtIL)lb ' 4 Lt l'wuliust,i at YLCClltlytlr b dgbili
to Sabi'-Or Soller's agent on or before date of closing, -ar shall use reasonable effort to correct said del. .)prior to date of closing.If Seller is
unable to corrcct 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 13.if title is
not rendered merchantable as provided in this paragraph 12,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.
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.
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.
11.General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,ainkthininiti,
FyA/de A 440,600$0 00,1 V4tAOtN$1 00#014900/9bP nothing else
shall be apportioned to date of delivery of deed.
15.Possession of the Property shall be delivered to Purchaser on day of delivery of deed
_ ,subject to the following leases or tenancies:
None
10.In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of
deed, Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to
Purchaser.
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 or tendered when due, or if any other obligation hereunder is not performed es herein provided, there shall be the following remedies:
(a)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 are(except as provided in subparagraph(c))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,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.
18.Purchaser and Seller agree that in the event of any controversy regarding the earnest money held by broker,unless mutual written instruction is
seceived 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
my moneys or things of value into the court and may recover court costs and reasonable attorneys' fees.
19. Additional provisions:
The purchaser's signature hereunder confirms the fact that he was given verbal and written
lisclosure regarding the Realtor's agency relationship with the sellers.
This offer is expressly contingent upon the successful processing of a recorded exemption
'sled through Weld County to provide a separately deeded parcel on or before June 16, 1986.
I. Purchaser shall obtain a pinned survey defining the property to be conveyed at his expense.
seller shall reimburse purchaser for said survey at time of delivery of deed.
Purchaser shall pay the costs involved in acquiring the recorded exemption.
▪ Purchaser agrees to grant an easement to the seller for the purpose of maintaining the
.itch which crosses the subject property to supply the property to the South.
. This offer is contingent upon the seller's ability to obtain a partial release from any
.eeds of trust encumbering the property.
This contract is contingent upon seller obtaining knowledge from Weld County that the
ecorded exemption will not negatively impact the sellers ability to 'pursue a PUD on the
emaining acreage.
•
20.If this propoea!is accepted by Seller in writing Purchaser receives notice of such acceptance on or before i9 a"f�{ 1
19 this instrument shell become a contract be SeLLsr end Put rand shall inure to the
misfit of hairs,successors and assigns of such parties,except as stated in paragraph 7. • j
etc
1 "e Bar C
off Lon ontHy: K/ �4nt
?urchaser's Address
(The following section to be completed by Seller and listing Agent)
21. Seller accepts the above proposal this day of , 19 , and agrees to pay a commission of
%of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value
received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to
mooed the commission.and the balance to Seller.
Seller Seller
ieller'sAddrees 5 Crestmoor Drive, Denver, Colorado 80220
;.sting Broksrl Name and Address
t.We..t...Was.W. t.oT.lesl op.s wt
t1S%Lela Wks
WW.UL
also low..COMM
DO NOT elra00410 WMMe WNW-esaa
Lot B of recorded Exemption No. 1207-3-2-RE 160 , recorded
February 4 , 1975 in Book 731 as Reception No. 1653452 , being more
particularly described as follows :
That part of the NWa of Section 3 , Township 3 North, Range 68 West
of the 6th P. M. , described as follows :
from the Northwest corner of said Section 3 , proceeding SO °E
along the West line of said Section 3 to the Southwest corner of that
part of said Section 3 described in Deed recorded June 20 , 1967 in
Book 583 as Reception No. 1504875 , Weld County Records and the TRUE
POINT OF BEGINNING:
thence continuing 50°C, along the West line of said Section 3 , 1123 . 85
feet to the West Quarter corner thereof;
thence N89° 22 ' 10"E , 2510 .00 feet, along the South line of the NIP,
of said Section 3 , to a point .135 . 86 feet west of the center of said
Section 3 ;
thence N42' 35 ' E 201. 03 feet to a point 146 . 52 feet North of the
center of said Section 3 ;
thence NO °04 ' 10"E , 1017 . 29 feet along the East line of the NW; of
said Section 3 , to the Southeast corner of Highland Estates ;
thence westerly, along the South line of said Highland Estates on
the following courses, N56° 32 ' 50"W 222 . 28 feet;
thence N74°28 ' 30"W, 341. 39 feet;
thence N46°06 ' 50"W, 142 . 84 feet;
thence N31' 23 ' 20"w 400 . 23 feet;
thence N67°01 ' 10"W, 815 . 17 feet;
thence N78 ' 45 ' 10"'R, 73 . 83 feet;
thence 573° 50 ' W, 310 . 59 feet;
thence leaving said South line of Highland Estates , 571 '49 ' 10"W,
145 . 06 feet,
thence 525 ' 40 ' 25"W, 84 . 97 feet;
thence 343 ° 21 ' 40"E, 282 . 91 feet;
thence 35° 44 ' 10"W, 190 . 57 feet;
thence N85°E 330 . 40 feet;
thence 585°E , 200 .00 feet;
thence 509 '06 ' E , 473 . 80 feet;
thence N89 °50 'W, 1304 . 00 feet to the TRUE POINT OF BEGINNING.
Weld County, Colorado
/ors Na.C.L42.2
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