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USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631
Phone - 356-4000 — Ext. 4400
Case Number Date Received
Application Checked by Mylar plat submitted
Application Fee Receipt Number
Recording Fee Receipt Number
TO -BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request -a hearing before the Weld County
Planning Commission and Weld County Board of County Commissioners concerning
the proposed Use by Special Review Permit on the following described
unincorporated area of Weld County, Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE 1/4 Section 8
T 5 N, R 67 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review
Permit is proposed: SE 1/4 Section 8 T 5 N, R 67 W
Property Address (if available)
PRESENT ZONE Agri rul rural OVERLAY ZONES Ncre
TOTAL ACREAGE 150
PROPOSED LAND USE Farming L. Shaar Fe,dirg
EXISTING LAND USE Farming
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW
PERMIT:
Name: Tarry Rule
Address: 987 vcn 21 City Bri htn C Zip 80601
Home Telephone # 659_0977 -Business Telephone U 659-1451
Name:
Address: City Zip
Home Telephone -1 Business Telephone (/
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name: Gary Bragdnn
Address: 4146 22nd St CitY Greeley, CO _ Zip RO694
Home Telephone -4 Business Telephone //
List the owner(s) and/or lessees of mineral rights on or under the subject
properties of record.
Name: Larry Rule (Future Owner)
Address: 982 WCR 21 - City Brighton, CS Zip 80601
Name: Richard L. Kochis (Present Owner)
Address: 1166 SW 23rd City Loveland. CO Zip 80537
I hereby depose and state under the penalties of perjury that all
statements, proposals and/or plans submitted with or contained within the
application are true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
LC/ /./...5-L.7,12:,---_
Signature: /Authorized Agent
Subscribed and sworn -to before me this . 7 ' day of ft',-,c-1.(_e_ 19 1?'7 .
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/NOTARY PUBLIC 754
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My commission expires / - /?- e2 870421
AFFIDAVIT OF INTEREST OWNERS
• SURFACE ESTATE
Application No.
Subject Property
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such
records, or from the records of the Weld County Clerk and Recorder. The list
compiled from the records of the Weld County Assessor shall have been
assembled within thirty (30) days of the application submission date.
The foregoing instrument was subscribed and sworn to before me this / '
day of_ L-1 .( , 19 5Y'7
WITNESS my hand and official seal.
Pc
My Commission expires: /--/i"—^ /
/1117- -cC /77)
) C�� .o.-r_.= 2�•
/ Notary Public /i
M
870421
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property
STATE OF COLORADO )
ss.
COUNTY OF WELD ) Y
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lesses of mineral owners on or under
the parcel of land which is the subject of the application as their names
appear upon the records in the Weld County Clerk and Recorders Office, or
from an ownership update from a title or abstract company or an attorney.
' .«/ SCI--
The foregoing instrument was subscribed and sworn to before me this ti/if
day of t_T - i E- , 19 ,Y'.
WITNESS my hand and official seal.
My Commission expires: / - /? -
Notary Public /
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870421
j, Y - I."°•' The printed portions of this form approved
S L 1 O end Company Realtor and Auction, Inc. by the Colorado Real Estate Commission
-YOUR CONFIDENCE IS 0URPRiDE SINCE 1954 (SC 25-2-81)
247 East 4th
Loveland.Colorado 80537
667-2837 FARM AND RANCH CONTRACT
TO BUY AND SELL REAL ESTATE
(Remedies include Specific Performance)
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED-BEFORE SIGNING. •
March 24 ,19 87
1.The undersigned agent hereby acknowledges having received from Larry Rule
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the sum of3 5, 000. 00 ,in the form of personal check ,
to be held by Stroh &' Company Realty. Inc. -broker.in broker's escrow or trustee account,as earnest money and part
payment for the following described real estate in the County of Weld
• coloradotowit: SE' of Section 8 , Township 5 North, Range 67 West, EXCEPT beginning
in SE corner of section; thence N890421" Vest 1, 209. 20 feet; Nl°18 ' East
412. 48 feet; S85°52 ' East 1, 210. 88 feet; SO°7 ' West 331. 17 feet; to beginning.
Known as Lot B of recorded exemption RE-359 , Weld County, Colorado together
with 5 shares of Greeley-Loveland Irrigation Ditch, and 1 share of Lake Ditch.
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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 presentcondition.ordinary wear and tear.excepted.known as No.
No street address established�pe .and hereinafter called the Property.
2.The-underslgned person(s) Larr 1" titW'c y.ZIp)
(as joint tenants/tenantain common),hereinafter called Purchaser,hereby agrees to buy the Properly,and the undersigned owner(s),hereinafter called
Sellerhereby agrees to sell the Property upon the terms and conditions stated-herein.
3.The purchase price shall be U.S.$ 180, 000. 00 ,payable as follows: S 5 ,000. 00 hereby receipted for:
Balance paid as follows: Purchaser to assume existing first deed of trust in favor of
Metropolitan Life in the approximate anount of $160,000.00 plus or minus with an interest
rate not to exceed 101/4% or obtain new financing in the approximate amount of $160,000.00.
Purchaser to pay balance of approximately $15,000.00 plus normal closing costs-in- cash or k
certified funds at time of closing. Said contract is strictly contingent on assumption or
Q. rteeinagudggihclo PainsaR6 any: all permanently attached fixtures including all
existing pumps and motors. p[
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes.liens and encumbrances,except:
none
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and except any personal property liens in any encumbrance specified in paragraph 12.The following-fixtures of a permanent nature are excluded from
this sale: none
5. Price to include the following water rights:5 shares of Greeley-Loveland; 1 right in Lake Loveland & 5 shares
of Big Cut Lateral together-with any & all other rights appurtenant to said property
6.If a new loan Leto be obtained by Purchaser from a third party.Purchaser agrees to promptly and diligently(a)apply for such loan.(b)execute all
documents and furnish all information and documents required by the lender.and(c say the customary costs of obtaining such loan.Then if such loan is
not approved on or before May 29 - ' , 19 -ti / .or if so approved but iwoot available at lime of closing,this
contract shall be null and void and all payments and things of value received.hereunder shall be returned to Purchaser.
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7.1f anote 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 500. 00 and(2)an interest rate not to exceed 10 i --%per annum.If the loan to be as-
sumed has provisions for a shared equityof variable interest rates or variable payments,this contract is conditioned upon the Purchaser reviewing and
consenting to such provisions.If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such consent without
change in the terms and conditions of such loan-except as herein provided. f.
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8.If a note 1s 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. , •
9.Coat of any appraisal for loan purposes to:be obtained after this date shall be paid by Purchaser
10.An abstract of title to the Property;certified to date.or a current committment for title insurance policy in an amount equal to the purchase price.al
Seller's option and expense,shall be furnished to Purchaser on or before June 2 . 19 8 7 . If Seller elects to fur-
nish said title insurance committment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
11.The date of closingshall be the date for delivery-of deed as provided in paragraph 12.The hour and place of-closing-shall be as designated by •
Stroh & Company Realty, Inc. •
12.Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14.Subject to payment oetender as above provided
and compliance by Purchaser with the other terms and provisions hereof,Sellershali execute and deliver a good and sufficient .
general warranty deed to Purchaser on July 3 . 19 87 ,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
:free and clear of all liens for special improvements
installed as of the date of Purchaser's sign attire hereon.whether assessed or out:free and clear of all liens and encumbrances except none
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except the following restrictive covenants which do not contain a right of reverter:Of record or in use f
and-exceptthe following specific recorded and/or apparent easements:of record or in use f
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and subject to building and zoning regulations.
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I3.Except as stated in paragraphs 12 and 14.if title is not-merchantable and written notice of defect(sl is given by Purchaser or Purchaser's agent to
Solleror Seller's agent on or before date of closing,Seller shall.u-so reasonable effort to correct.sairl defectls)prior to date of closing.If Seller is unalrleto
correct said defect(s)on or before date of closing,at Seller's option end upon wi then notice to Purchaseror I'nrchaser's agent on or beforedateof closing,
the date of closing shall be extended thirty days for the purpose of correcting raid defect(s).Except as stated in.paragraph 14,if title is not rendered tier
chantable as provided in this paragraph 13,at Purchaser's option,this contr art shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser.
14.Any encumbrance required to he paid may be paid at the time of settlement from the proreedaaf this transaction or from any othersource,Provided.
' however,at the option of either party,if the total indebtedness secured by Benson the Property exceeds the purehnseprice,thiscontractshall be void and
ofno effect and each party hereto-shall be released from all obligations hereunder and all payments and things talus received hereundershall be re-
turned to Purchaser.
15.General taxes for the-year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents,Fl IA
mortgage insurance premium and interest on encumbrances,if any,and
shall be apportioned to date of delivery of deed.Purchasershall be responsible for any sales and use tax that may accrue becauae.of this transaction.
]e,-With respect to the growing crops Seller and Purchaser agree as follows.. Purchaser to pay all property tax,
water assessments, crop expense , including seed fertilizer, spray, pump cost
and receive landlord' s share of 1987 crops, or subject to terms cf said
farm lease.
17.Possession of the Property shall be delivered to Purchaser on day of clo Ong
(✓eot 4 c -Otte iA. subject to the following-leases or tenancies:
Existing farm lease with Mr. Ma-r Mellot a copy of which shall be
provided by seller and approved by Purchaser on -Jr before 5 days after receipt.
If Seller fails to deliver possession on the date herein specified.Seller shall be subject W eviction and shall be liable for a daily rental of
$ 50.10 until possession is delivered.
I8.The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller;provided,however,that
if Seller shall maintain insurance on said improvements which.will compensate for the full replacement value thereat.and if Purchaser elects to carry
out this contract despite such damage.Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damagetogrowingcrops,by fire
or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16.and sucltparty shall be entitled lathe insurance proceeds.
if any.
19.Time is of the essencehereof.II any:note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or
tendered when due,or if any other obligation hereunder is not.performed as herein provided.there shall he the following remedies:
(a)IF SELLER IS IN DEFAULT.(1)Purchaser may eleclto treat this contract as terminated,in which case all payments and things ofvaluereceived
1 hereunder shall be returned In 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.
(b)IF PURCIIASER IS IN DEFAULT,(I)Seller may elect to treat this contract as terminated,in which case all payments and things of value re-
ceived hereunder shell be forfeited and retained on behnlfnf Seller and Seller may recover such damagesaa may be proper.or(2)Seller mayelectto treat
j this contract as being in lull force and effect and Seller shall have the right to an action for specific performance or damages,or both.
i (c)Anything to the contraryherein notwithstanding,in the event of any litigation arising out of this contract,thecourt may award to the prevailing
party all reasonable costs-and expense,including attorneys'Ices.
{ 20.Purchaser and Seller agree that in the event of any controversy regarding the earnest money or things of vslueheld by broker;unless satisfactory
mutual written instruction is received by broker,broker shall not be required totakeany action but may await any proceeding.or at broker's option and
discretion,may interplead any moneys or things of value into the court and may recover court costs and reasonable attorneys' foes
21. Additional provisions:
a1. This contract is strictly contingent on purchasers ability to obtain a perms pgeed
1 lambs or sheep as a camercial endeavor from Weld County on or before June 347-1987.
2. Purchaser hereby acknowledges prior, timely receipt of notice that Stroh & Company
Realty, Inc. and its agents are agents of seller and are not representing purchaser
as purchaser's agent in this transaction.
22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on.or before April 3
19 R 7 ,this instrument shall become a contract betweenSeller and Purchaser and shall inure to the benefit of the heirs.successors and assigns of
`` such parties,except as ted in paragraph S.
�_ .2 " e 7 Broker STROH & MPANY REALTY, INC.
: V %
/l 'j Date-/ —J / By •
Date
Purchaser's Address
(The following section to be completed by Seller and Listing Agent)
23.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
i of value received hereunder,such payments and things of value shallbedivided between listing broker and Seller.one-half thereof to said broker,but not
to exceed the commission,and the balance to Seller.
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ISeller Seller
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ISeller's Address
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' Listing Broker's Name and Address
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UPDATE LEGAL FORMS �/q C
I P.O SOX 1815-GREELEY.COLORADO 60632 � Jd (SC 25-2-s1)703/356-6360
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APPLICATION
FOR
USE BY SPECIAL REVIEW
SEe SECTION 8 , TOWNSHIP 5 NORTH, RANGE 67 WEST
OF THE 6TH P.M. , WELD COUNTY, COLORADO
SUBMITTED BY
Larry Rule Gary Bragdon
982 Weld County Road 21 4106 22nd Street
Brighton, Colorado 80601 Greeley, Colorado 80634
(303) 639-0451 (303) 330-0319
(303) 284-5202
APRIL 6, 1987
870421
PROPOSED USE
We propose a farming and sheep feeding operation to be located
on the SE 1/4 of Section 8 , Township 5 North, Range 67 West
of the 6th P.M. , Weld County, Colorado .
NEED FOR USE
An additional market outlet for farmers will be created
in the operation which will require alfalfa hay, corn silage
and by-products of Western Sugar Company of Greeley , Anheuser
Busch of Fort Collins , and Coors Biotech of Johnstown. The
ultimate need is to provide adequate lamb supplies for the
Denver Lamb Company.
NEIGHBORHOOD PROPERTY USES
The subject property is located in a farming and livestock
feeding agricultural area which would conform and be compatible
with the most recent Weld County Comprehensive Plan. Located
one-half mile west is a cattle feedlot , adjacent to the
north is a dairy, a farm and auto salvage junkyard is located
to the east, and the land to the south is farmed.
NEARBY RESIDENCES
The nearest residences to the west are located on Weld County
Road 15 , which is one-half mile from the subject property.
Three residences are located north of the SE 1/4 of Section
8-5-67 , one of which is at the dairy adjacent to the subject
property. Two residences are located to the South on Highway.
34 and there are no residences to the east.
OPERATIONAL RELEVANT INFORMATION
The Weld County Zoning Ordinance would allow a sheep feeding
operation of 6 , 000 head on this 150 acre property. For
a more economically feasible operation, we request a use
by special review for a maximum lamb feeding operation of
20 , 000 head.
The farming and feeding operation would require 3 to 4 employees
and the hours of operation will be daylight hours . The
water source for domestic and livestock useage will be supplied
by Little Thompson Water District with lines adjacent to
the property. The adjudicated lake at the boundary of the
property will provide the dust control.
Highway 34 and Weld County Road 17 presently have existing
accesses that will be used for the residence and the feedlot .
No additional accesses will be needed. Trucks will utilize
both roads for feedstuffs hauled in, livestock hauled in
and out, and waste hauled away. An average of four 25 ton
semiloads daily will serve this operation. Waste removal
will be throughout the year as weather permits. Waste stock-
piles will only accumulate when weather may prohibit removal .
HEALTH STANDARDS
This proposed project has been discussed with Mr. Vince
Lewis of the USDA Soil Conservation Service and Mr. Wes
Potter of Weld County Public Health. At this time , there
are no apparent limitations that may jeopardize any health
standards . Slopes for drainage and soil types provide ideal
safeguards preventing contamination of underground and surface
waters . It has been agreed that all health standards of
Weld County Public Health and Colorado Department of Health
can and will be met. The design, engineering, construction
and operation will provide for the protection of all Weld
County residents . Runoff, dust and flies will be constantly
monitored and controlled. 870421
DESIGN STANDARDS FOR USE BY SPECIAL REVIEW
ORDINANCE SECTION 24 . 5
SECTION 24.5.1
Past performance of feedlots operated by Bragdon and Rule
demonstrate compliance in design standards required by Weld
County Ordinances .
SECTION 24.5.1.1
Water service is available and will be provided by b `
T.hnmp on Water District and an adjudicated lake existing
on the property. Greeley-Loveland Irrigation District will
provide water for the farming operation.
SECTION 24.5.1.2
Adequate sewer service is not available and not essential
for the use under consideration.
SECTION 24.5.1.3 •
Attached U.S. Soil Conservation Service soil reports detail
soil conditions as they relate to the application .
SECTION 24.5.1.4
The property is located in the Windsor/Severance Fire Protection
District and additional fire protection is available with
the adjudicated lake and the pumps located on the property.
SECTION 24.5.1.5.1
A storm water retention lagoon will be designed and located
as shown on the plot plan and willmeet the requirements
of this Section.
SECTION 24.5.1. 5.2
This storm water retention lagoon will release no retained
storm water and will be pumped back to adjacent farmland .
SECTION 24.5.1. 6
Sheltered vehicle storage and parking will be provided on
site as detailed in the plot plan.
SECTION 24.5.1.7
The use complies with all setback and offset requirements
of the agricultural zone district as shown in the plot plan.
SECTION 24. 5.1.8
The access shall be located at the northeast corner of the
site onto Weld County Road 17 which has a low traffic volume .
SECTION 24.5.1. 9
No new access to public rights-of-way will be constructed.
870421
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SECTION 24. 5.1.10
Proposed use will be compatible with the adjacent dairy
to the north which should not require any buffering or screening .
However, trees will be planted along the north boundary
to serve as a windbreak, which may create a buffering or
screening effect for adjacent property.
SECTION 24. 5.1. 11
The feeding operation will be located on the northeast corner
of the SE 1/4 of Section 8 which is very difficult to irrigate
due to the slopes . However, these slopes provide optimum
drainage for a feeding operation.
870421
OPERATION STANDARDS FOR USE BY SPECIAL REVIEW
ORDINANCE SECTION 24 . 6
SECTION 24. 6.1
Previous and present operations demonstrate Applicant ' s
conformance of operational standards .
SECTION 24. 6.1.1
Not Applicable.
SECTION 24. 6.1.2
Air quality controls will be maintained by use of lake water
for dust control .
SECTION 24.6.1. 3
Water quality controls will be maintained in that no runoff
water will be allowed to drain from the property site.
SECTION 24. 6.1.4.1
Lighting of feeding operation will not shine or reflect
onto adjacent properties .
SECTION 24.6.1.4.2
Lighting will be at a distance from Weld County Road 17
so as to not affect travel on that road.
SECTION 24. 6.1.5
Not applicable.
SECTION 24.6.1.6
Farming operation will be converted to pasture for grazing
which would prohibit forage growth of taller than twelve
inches. Noxious weeds will be controlled.
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870421
ORDINANCE SECTION 24 . 7
This application for Use by Special Review is for a
sheep feeding and farming operation to be located on the
SE 1/4 of Section 8 , Township 5 North, Range 67 West of
the 6th P.M. , Weld County, Colorado. This property is located
in the agricultural zoned district of the western portion
of Weld County. This application will demonstrate conformity
with the Weld County Comprehensive Plan Agricultural Policies
and Goals . This application will detail the compliance
and adherence to each and every section of the Weld County
Zoning Ordinance and compatibility with surrounding land
use.
SECTION 24. 7.1
Lamb feeding in Northern Colorado has had a very stable
and significant economic influence for many years . The
Weld County climate , feed supplies and location for lambs
has provided the ideal elements essential for this successful
industry. This proposal is for expansion of this agricultural
industry in Weld County.
SECTION 24.7.1.1
This proposed development specifically supports the stated
Comprehensive Plan to "protect and promote the County ' s
agricultural industry. " This development will maximize
the agricultural use of agricultural land and meets all
Comprehensive Plan Agricultural Goals attached.
SECTION 24.7.1.2
The consistency of intent with the Agricultural Zoning District
is that the proposed development will intensify land utilization
providing added market outlets for neighboring farm production
and an added tax base for Weld County.
SECTION 24.7.1.3
The proposed site for this lamb feeding and farming operation
is centered in an area of agricultural production. Surrounding
lands are farmed and the SE 1/4 of 8-5-67 , the proposed
site , is one-half mile east of a cattle feedlot, directly
south of a dairy, west of an adjacent farm and an auto junkyard,
all on the north side of Highway 34 .
SECTION 24.7.1. 4
Uses as stated above referencing Section 24 . 7 . 1 are compatible
with future agricultural development goals of the Comprehensive
Plan and the uses of this site are not in the growth plans
of any municipalities .
SECTION 24.7.1.5 -
The proposed- site is not located in any Overlay District
Area.
SECTION 24.7.1.6
The proposed location, the SE 1/4 of 8-5-67 has marginally
adequate water for row crop farming. Twenty-four acres
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in the northeast quadrant of the property will be converted
to feeding pens . This portion of the property is rolling
and not easily irrigated.
870421
The slope, however, is ideal for feeding pen drainage and
drying, being a slope of approximately 2% to the south and
west. Removal of these 24 acres from row crop production
will provide adequate irrigation water for the remaining
126 acres without disrupting maximum irrigation water
utilization.
SECTION 24.7.1.7
Adequate drainage retention of the 24 acres for feeding
pens is easily accomplished with the 2% slope to a flat
plane at the midway point of the quarter or lower end of
the feeding pens . The adjudicated lake water on the property
will enable dust control for the health of the animals and
the neighborhood.
SECTION 24.7. 2.1
Larry Rule
982 Weld County Road 21
Brighton, Colorado 80601
303-639-0451
SECTION 24.7 . 2. 2
Larry Rule
982 Weld County Road 21 •
Brighton, Colorado 80601
303-639-0451
SECTION 24.7.2.3
Lot B, SE 1/4 of Section 8, Township 5 North, Range 67 West
of the 6th P .M. , Weld County, Colorado.
SECTION 24.7.2. 4
150 Acres
SECTION 24.7.2.5
Agricultural
SECTION 24.7. 2. 6
Farming and livestock
SECTION 24.7.2.7
Agricultural with no overlay zones .
870421
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PROPERTY OWNERS WITHIN 500 FEET
OF SUBJECT PROPERTY
NAME ADDRESS PARCEL NUMBER
Windsor Garden P.O. Box 1044 0957 08 000 032
and Steven Flack Eaton, Colorado 80615 143 . 36 Acres
(1/2 Interest ea. )
Edward R. and 7825 East Highway 34 0957 08 000 033
Patricia A. Skaggs Windsor, Colorado 80550 8 . 52 Acres _ .
Zeiler Farms , Inc. 820 Foote Ct. 0957 08 000 019
Loveland, CO 80537 147 . 71 Acres
Harry and 6538 East Highway 34 0957 08 000 021
Elvera Frank Loveland, CO 805-37 152 . 0 Acres
Harry D. and Route 1 , Box 37AA 0957 08 000 022
Judy Hartshorn Windsor, CO 80550 72 Acres
Thomas W. and 28641 W.C. R. 17 0957 08 000 023
and Gertrude Weiler Windsor, CO 80550 16 . 52 Acres
Frank L. and 28607 W.C.R. 17 0957 08 000 024
Kathie N. Platt Windsor, CO 80550
Henry V. and Walter Route 1, Box 161 0957 17 000 011
A. Zimmerman Berthoud, CO 80513 97 . 226 Acres
Walter A. and Route 1, Box 161 0957 17 000 012
Anneliese Zimmerman Berthoud, CO 80513 97 . 226 Acres
Henry V. Zimmerman Route 1, Box 161 0957 17 000 013
Berthoud, CO 80513
Carl E. Leonard 500 West 3rd Street 0957 16 000 002
(1/5 Interest) and Loveland, CO 80537 292 Acres
Donald E. Leonard
(4/5 Interest)
Harlan P. Hankins Route 1 0957 17 000 016
Johnstown, CO 80534 303 . 12 Acres
Elmer E. Lundvall 3490 W. 49th Avenue 0957 09 000 008
(1/3 Interest) and Greeley, CO 80534 295 . 38 Acres
Martha R. Goss
(2/3 Interest)
870421
StrohCompany
u. us Tile printed portions of this form approved
end CDnlpa ny Realtor and Auction. Inc. by the Colorado Real Estate Commission
YOUR CONFIDENCE IS OUR PRIDE SINCE 1954 (SC 25-2-81)
247 East eth •
Loveland,Colorado 80537
667-2837 FARM AND RANCH CONTRACT
TO BUY AND SELL REAL ESTATE
(Remedies include Specific Performance)
THIS 13 A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
March 24 . 19 87
1.The undersigned agent hereby acknowledges having receivedfrom Larry Rule
the sum of 5, 000. 00 ,in the form of personal check ,
to be held by Stroh &' Company, Realty, Inc. broker.in broker's escrow or trustee account,as earnest money and pan
payment for the following described real estate in the County of Weld
Coloradotowit: SE4 of Section 8 , Township 5 North, Range 67 West , EXCEPT beginninc
in SE corner of section; thence N89°42" West 1, 209. 20 feet; N1°18 ' East
412. 48 feet; S85°52 ' East 1, 210. 88 feet; S0°7 ' West 331 . 17 feet; to beginnir-
Known as Lot B of recorded exemption RE-359 , Weld County , Colorado together
with 5 shares of Greeley-Loveland Irrigation Ditch, and 1 share of Lake Ditc
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.known as No.
No street address established yn ,and hereinafter called the Property.
2.The undersigned person(s) Larry Nil I P C"'z"
(as Joint tenants/tenants in common).hereinafter cal led Pu rchaser,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.$ 180 , 000. 00 ,payable as follows: S 5 , 000. 00 hereby receipted for:
Balance paid as follows: Purchaser to assure existing first deed of trust in favor of
Metropolitan Life in the approximate amount of $160,000.00 plus or minus with an interest
rate not to exceed 104% or obtain new financing in the approximate amount of $160,000.00.
Purchaser to pay balance of approximately $15,000.00 plus normal closing costs in cash or
certified funds at time of closing. Said contract is strictly contingent on assumption or
9 a'TbliI'$°dg egehtiinntAigi rb^y. all permanently attached fixtures including all •
existing pumps and motors.
to be conveyed by bill of sale at time of closing in their present condition,free and clearer all personal property taxes,liens and encumbrances.except:
none
and except any personal property liens in any encumbrance specified in paragraph 12.The following fixtures of a permanent nature are excluded from
this sale: none
5. Price to include the following water rights:5 shares of Greeley-Loveland; 1 right in Lake Loveland & 5 shartj
of Big Cut Lateral together with any & all other rights appurtenant to said property
6.If a new loan is to be obtained by Purchaser from a third party.Purchaser agrees to promptly and diligently(al apply for such loan,(b)execute all
documents and furnish all information and documents required by the lender,and(c y the customary costs of obtaining such loan.Th en if such loan is
not approved on or before May 29 , 19 _l / ,or if so approved but is not available at time of closing.this
contract shall be null and void and all payments and things of value-received hereunder shall be returned to Purchaser.
7.If a note and trust deed or mortgage is to be assumed.Purchaser agrees to apply fora loan assumption if required and agrees to pay(1)a loan transfer
fee not to exceed$ 5 n n nn and(2)an interest rate-not to exceed '1 n '*per annum.If the loan to be as-
sumed has provisions for a shared equity of variable interest rates or variable payments,this contract is conditioned upon the Purchaser reviewing and
consenting to such provisions.If the lender's consent to a loan assumption is required.this contract is conditioned upon obtaining such consent without
change in the terms and conditions of such loan except as herein provided.
8.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.
9.Coat of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser
10.An abstract of title to the Property,certified to date,or a current committment fur title insurance policy in an amount equal to the purchase price.at
Seller's option and expense,shall be furnished to Purchaser on or before June 2 , 19 87 . If Seller elects to fur-
nish said title insurance committment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
II.The date of closing shall be the date for delivery of deed as provided in paragraph 12.Tile hour and place of closing shall boss designated by
Stroh & Company Realty , Inc.
12.Title shall be merchantable in Seller.except as stated in this paragraph and in paragraphs 13 and 14.Subject to payment or tender as above provided
and compliance by Purchaser with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient
general warranty deed to Purchaser on July 3 , 19 87 ,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
:free and clear of all liens for apcciol Improvements
installed as of the date of Purchaser's signature hereon,whether assessed or not free and clear of all liens and.tmcunthrances except' none
except the following restrictive covenants which do not contain a right of reverter:of record or in use
and except the following specific recorded and/or apparent easements:of record or ' n use
•
,,object to building and zoning regulations.
870421
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13.Except as stated in paragraphs 12 and 14.If title is not merchantable and written notice of defertlst is given by Purchaser or Purchasers agent to
Seller or Seller's agent on or before date.,,closing.Seller shall use reasonable effort to correct said defog-Ms)prior todate of closing.If Seller is unable to
enrrect said defect(s)on or before date of closing.at Seller's option and upon written notice toPurchnser or Purchaser''sagent on or before date of closing.
the date of closing shall be extended thirty days for the purpose of correcting raid de(ect(s).Except as stated in paragraph 14.if title is not rendered uter-
i
chantable as provided In this paragraph 13.at Purchaser's option.this contract shall be-void end of no effect and each party hereto shall be released front
all obligations hereunder and all payments and things of value received-hereunder shall be returned to Purchaser.
14.Any encumbrance required to be paid may be paid at the lime of settlement front the proceeds of this transaction or from any other source.Prov'dent,
. 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 re-
turned to Purchaser.
15.General taxes for the year of closing,based on the most recent levy and the most recent assessment.prepaid rents.water rents.sewer rents.FI IA
mortgage insurance premium and interest on encumbrances-if any.and
shall be apportioned to date of delivery otdeed.Purchaser shall be responsible for any sales andnse tax that may accrue because of this transaction.
In. With respect to the growing crops Seller and Purchaser agree nn-follows: Purchaser to pay all property tax,
water assessments, crop expense, including seed fertilizer, spray , pump costE
and receive landlord' s share of 1987 crops, or subject to terms of said
farm lease. ' •
17.Possession of.the Property shall be-delivered to Purchaser on day of elos inq
LR•fs ,V ry _ subject to the following leases or tenancies:
Existing farm lease with Mr. . • - a copy of which shall be
provided by seller and approved by Purchaser on or before 5 days after receipt.
If Seller falls to deliver possession on the date herein specified.Seller shall be subject to eviction and shall be liable for a daily rental of
S 50. 00 until possession is delivered.
IA.The risk of lose front any-damage to the improvements by fire orother casualty prior In the date of closing shall be on Seller:provided.however,that
• if Seller shall maintain insurance on said improvements which will-compensate for the full replacement value theredL and if Purchaser elects to carry
' out this contract despite such damage.Purchaser shall be entitled to all such insurance proceeds.The risk of loss forany damage to growing crops.by fire
i or other casualty.shall be borne by the party entitled tosaid crops as provided in paragraph-l6,and such party shall be entitled to the insurance proceeds.
if any.
19.Timels of the essence hereof.11 any note or check received as earnest money hereunder or any other payment due hereunder is notpaid,honored or
tendered when due.or if any other obligation hereunder is not performed as herein provided-there shall he the following remedies:
(a)IF SELLER IS I-N US-FAULT.(1)Purchaser may elect to treat this contract as terminated,in which cane all payments and things of value received
hereunder shall be returned to Purchaser and Purchaser may recover such damages asm ay 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.
(b) IF PURCHASER IS IN DEFAULT.(1)Seller may elect-to treat this contract as terminated-in whichcnse all payments and thingsol value re-
' ceived hereunder shell be forfeited and retained on holing ofSellerand Seller may recover such damages fur may be proper.or(2)Seller may elect to trent
this.contract as being in full force and effect mod Seller shall have the right to an action for specific performance ordamages.or both.
(e)Anything to the contrary herein.notwitltstnnding.in the event of any litigation arising out of th isconlract,the eourtmay award to the prevailing
party all reasonable costs and expense.including attorneys'lees.
20.Purchaser and Seller agree that In the event of any controversy regarding the earnest money or things of value held by broker.unless satisfactory
1. mutual written instruction is received by broker,broker shall not be required to takeany action but may await any proceeding,or at brolter's option and
discretion.may interpiead any moneys or things of value into the court and may recover court costs and reasonable attorneys fees.-
21. Additional provisions:
1. This contract is strictly contingent on purchasers ability to obtain a permit V, feed
lambs or sheep as a ccnctercial endeavor from Weld County on or before June •38 87.
2. Purchaser hereby acknowledges prior, timely receipt of notice that Stroh & Company
Realty, Inc. and its agents are agents of seller and are not representing purchaser
1 as purchaser's agent in this transaction.
22.If this proposal is-accepted by Seller in writing and Purchaser receives notice of such acceptance on or before April 3 •
<
19 R7 ,this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs.successors and assigns of
such parties,except as stated In paragraph 8. Q�y
I L !�c. 4- �/— 09-'e-7-5—rte/ _ Broker STROH & COMPANY REALTY, INC,
: aIdc1
Date IIetY� gyser Date
Purchaser's Address
1
(The following section to be completed by Seller and Listing Agent)
23.Seller accepts the above proposal this day of . 19 _ ,and agrees to pay a commission of
j %of the purchase price for services-in this transaction,and agrees that-in the event of forfeiture of payments and things of
of value received hereunder.such payments and things of value shall be divided between listingbroker and Seller.one-half there of to said broker,but not
i
to exceed the commission,and the balance to Seller. •
Seller Seller
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I Seller's Address
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Listing Broker's Name and Address
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UPDATE LEGAL FORMS 137®421
f P.O BOX IBIS-GREELEY,COLORADO 80632 CJ /.,,/
303/356-6380 (SC 25-2-81)
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870421
16—Colby loam, 3 to 51 percent s. This is a deep. 17—Colby loam, w 9 percent slopes. This is a deep, t
well drained soil on upland hills and ridges at elevations: well drained soil on upland hills and ridges at elevations i
of 1,850 to 5,050 feel. It funned in calcareous cnli:ui of 4,850 to 5,050 feet. It formed in calcareous eolian
deposits. Included in mapping are small areas of soils that deposits. Included in mapping are small areas of soils that
have fine sandy loam or lo: n underlying material. have fine :::ugly loam ur loam underlying material and
Typically the surface layer is pale brown loam about 1(1 small areas of soils that- are shallow to moderately deep
inches thick. The underlying material is very pale brown over shale and sandstone.
silt loam to a depth of 60 inches. Typically the surface layer I of this Colby soil is pale i
Permeability is moderate. Available water .capacity is brown loam about 7 inches thick. The underlying material i
high. The effective rooting depth is 60 inches or more. is very pale brown silt loam to a depth of 60 inches. I
Surface runoff is medium to rapid, and the erosion hazard Permeability is moderate. Available water capacity is f
is moderate. high. The effective rooting depth is 60 inches or more. I
In irrigated areas this soil is suited to crops commonly Surface runoff is rapid, and the erosion hazard is high.
grown in the area. Perennial grasses and alfalfa or close This soil is suited to limited cropping. Intensive
grown crops should be grown at least 50 percent of the cropping is hazardous because of erosion. The cropping i
time. Contour ditches and corrugations can be used in ir- system should be limited to close grown crops, such as al- `
rigating close grown crops and pasture. Furrows, contour falfa, wheat, and barley. This soil also is suited to ir-
furrows, and cross slope furrows are suitable for row rigated pasture. A suitable cropping system is 3 to 4
crops. Sprinkler irrigation is also desirable. Keeping til- years of alfalfa followed by 2 years of corn and smallI
lage to a minimum and utilizing crop residue help to con- grain and alfalfa seeded with a nurse crop.
trol erosion. Maintaining fertility is important. Crops Close grown crops can be irrigated from closely spaced i
respond to applications of phosphorus and nitrogen. contour ditches or sprinklers. Contour furrows or sprin- '.
In nonirrigated areas this soil is suited to winter wheat. klers should be used for new crops. Applications of
The predicted average yield is 28 bushels per acre. The nitrogen and phosphorus help in maintaining good produc-
soil is summet• (allowed in alternate years to allow tion.
moisture accumulation. Generally precipitation is too low The potential native vegetation is dominated by blue
for beneficial use of fertilizer. grama. Sideoats grama, little bluestem, western wheat-
Stubble mulch farming, striperopping, and minimum til- grass, and sedge are also prominent. Potential production
Inge are needed to control soil blowing and water erosion. ranges from 1,800 pounds per acre in favorable years to
Terracing also may be needed to control water erosion. 1,500 pounds in unfavorable years. As range condition
The potential native vegetation is dominated by blue deteriorates, the sideoats grama and little bluestem
grama. Several mid grasses, such as western wheatgrass decrease, forage production drops, and blue grams, buf-
and needleandthread, are also present. Potential produc- falogras: , and several perennial forbs and shrubs in-
Lion ranges from 1,600 pounds per acre in favorable years crease. I r ndesirable weeds and annuals invade the site as '
to 1,000 pounds in unfavorable years. As range condition range cc edition becomes poorer. !
deteriorates, the mid grasses decrease; blue grama, buf- Mnual :rnent should be based on taking half and leaving
falograss, snakeweed, -yucca, and fringed sage increase; half oft e total annualproduction. Seeding is desirable if
and forage production drops. Undesirable weeds and an- the ran, c is in poor condition. Sideoats grama, little
nuals invade the site as range condition becomes poorer. bluesten western wheatgrass, and pubescent wheatgrass 1
Management of vegetation on this soil should be based are suit: ale for seeding. The grass selected should meet
on taking half and leaving half of the total annual produc- the sew nal needs of livestock. It can be seeded into a
tion. Seeding is desirable if the range is in poor condition. clean, fi rn sorghum stubble, or it can be drilled into a I
Sideoats grama, little bluestem, western wheatgrass, blue firm pre eared seedbed. Plowing and drilling should be on ;"
grama, pubescent wheatgrass, and crested wheatgrass are the cont :ur to minimize runoff and soil losses. Seeding I
suitable for seeding. The grass selected should meet the early in pring has proven most successful.
seasonal requirements of livestock. It canbe seeded into Windt -oaks and environmental plantings of trees and I
a clean, firm sorghumstubble, or it can be drilled into a shrubs r ,mmonly grown in the area are generally well
firm prepared seedbed. Seeding early in spring has suited t this soil. Cultivation to control competing
proven most successful. vegetati; n should be continued for as many years as
Windbreaks and environmental plantings of trees and possible ollowingplanting. Trees that are best suited and
shrubs commonly grown in the area are generally well have go, I survival are Rocky Mountain juniper, eastern i
suited to this soil. Cultivation to control competing redcedar ponderosa pine, Siberian elm, Russian-olive, and
vegetation should be continued for as many years as hackberi The shrubs best suited are skunkbush sumac,
possible following planting. Trees that are best suited and lilac, Sib -ian peashrub, and American plum.
have good survival are Rocky Mountain juniper, eastern Openla d wildlife, such as pheasant, mourning dove, !
redcedar, ponderosa pine, Siberian elm, Russian-olive, and and cotta itail, and rangeland wildlife, such as antelope,
hackberry. The shrubs best suited are skunkbush sumac, cottontai and coyote, are best suited to this soil. Under
lilac, Siberian peashrub, and American plum. irrigation good wildlife habitat can be established,
Openland wildlife, such as pheasant, mourning dove, benefitin many kinds of openland wildlife. Forage i
and cottontail, and rangeland wildlife, such as antelope, productir is typically low on rangeland, and grazing
cottontail, and coyote, are best suited to this soil. Under manager, •nt is neededif livestock and wildlife share the
irrigation, good wildlife habitat can be established, range. I •estock watering facilities also are utilized by
benefiting many kinds of openland wildlife. Forage various r Idlife species.
production is typically low on rangeland, and grazing
management is needed if livestock and wildlife share the
range. Livestock watering facilities also are utilized by
various wildlife species.
This soil has good potential for urban and recreational
developments. Road design can be modified to compen-
sate for the limited capacity of this soil to support a load.
Capability subclass IIIe irrigated, IVe nonirrigated; •
Loamy Plains range site.
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870421 1
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79—Weld loam, to 3 percent slopes. This is a d-cp,
34—Kim loam, 5 to 9 percent a. This is a deep,
well drained soil on plains and alluvial fans at elevations well drained soil on smooth plains at elevations of 4,Pf tn
of 4,900 to 5,250 feet. It formed in mixed eolian deposits 5,000 feet. It formed in eolian deposits. Include, in
and'parent sediment from a wide variety of bedrock. In- mapping are small areas of soils that have a submo of
eluded in mapping are small areas of soils that have loam and light clay loam. Also included are sonic lei Led
loamy sand underlying material. areas.
Typically the surface layer is brown and pale brown, Typically the surface layer of this Weld soil is hr nun i
loam about 10 inches thick. The upper 25 inches of the un- loam about 8 inches thick. The subsoil is brown and ale
derlying material is pale brown loam. The lower part to a, brown heavy clay loam and light clay about 20 in hes
thick.The substratum to a depth of 60 inches is silt lc m.
depth of 60 inches is pale brown fine sandy loam.
Permeability is moderate. Available water capacity is. Permeability is slow. Available water capacity is ' gh.
high. The effective rooting depth is 60 inches or more. The effective rooting depth is 60 inches or more. Sup ace
Surface runoff is rapid, and the erosion hazard is runoff is slow, and the erosion hazard is low.
moderate. In irrigated areas this soil is suited to all crops mr-
monly grown in the area, including corn, sugar beets fig.This soil is suited to limited cropping. Intensive
8), beans, alfalfa, small grain, and onions. An example ,C a •
cropping is hazardous because of erosion. The cropping
system should be limited to such close grown crops as al- suitable cropping system is 3 to 4 years of alfalfa
lowed by corn, corn for silage, sugar beets, small grai or
falfa, wheat, and barley. This soil also is suited to ir-
beans. Land leveling, ditch lining, and installing pipe res
rigated pasture. A suitable cropping system is 3 to 4
years of alfalfa followed by 2 years of corn and small are needed for proper water applications.
grain and alfalfa seeded with a nurse crop. All methods of irrigation are suitable, but furro\ ir-
Close-grown crops can be irrigated from closely spaced rigation is the most common. Barnyard manure and - ,m-
contour ditches or sprinklers. Contour furrows or sprin- mercial T sfertilizer
il i well are needed to for top t yields.klers should be used for new crops. Applications of sorghum
soil is suited f winter in alt, barley,te rnd
nitrogen and phosphorus help in maintaining Winter if it is summer followed predicted c e ins.
tion. good produc- Winter wheat is the principal crop. The avc. ige
The potential native vegetation is dominated by blue yield is 33 bushels per acre. If thecrop is winterki ed,
grama. Sideoats spring wheat can be seeded. Generally precipitation if too
grama, little bluestem, western wheat- low for beneficial use of fertilizer.
grass, and sedge are also prominent. Potential production Stubble mulch farming, striperopping, and minimun- til-
ranges from 1,800 pounds per acre in favorable years to lage are needed to control soil blowing and water ero. on.
1,500 pounds in unfavorable years. As range condition Terracing also may be needed to control water erosion
deteriorates, the sideoats grama and little bluestem The potential native vegetation is dominated by lue
falograss, and decrease; forage
production drops; and blue grama, buf- grama. Several mid grasses, such as western wheatg ass
perennial forbs and shrubs in- and needleandthread, are also present. Potential pro nc-
crease. Undesirable weeds andannuals invade the site as tion ranges from 1,600 pounds per acre in favorable y ors
range condition becomes poorer. to 1,000
ion
Management of vegetation should be based on taking deteriorates, the ds in l
the mid grasses decrease; blue grama, -uf-
half and leaving half of the totalannual production. Seed- falograss, snakeweed, yucca, and fringed sage Mere .se;
ing is desirable if the range is in poor condition. Sideoats and forage production drops. Undesirable weeds and an-
grama, little bluestem, -western wheatgrass, and pu- nuals invade the site as range condition becomes poor'
bescent wheatgrass are suitable for seeding. The grass Management of vegetation on this soil should be b: ;ed selected 'should meet the seasonal needs of livestock. It on taking half and leaving half of the total annual pro uc-
can be seeded into a clean, firm sorghum stubble, or it tion. Seeding is desirable if the range is in poor condi on.
can be drilled into a firm prepared seedbed. Plowing and Sideoats grama, little bluestem, western wheatgrass, ' lue
drilling on the contour minimize runoff and soil losses. grama, pubescent wheatgrass, and crested wheatgrass are
Seeding early in spring has proven most successful. suitable for seeding. The grass selected should meet the
Windbreaks and environmental plantings are generally seasonal requirements of livestock. It can be seeded -nto
well suited-to this soil. Cultivation to control competing a clean, firm sorghum stubble, or it can be-drilled in a a
vegetation should be continued for as many years as firm prepared seedbed. Seeding early in spring las
possible following planting. Trees that are best suited and proven most successful.
have good survival are Rocky'Mountain juniper, eastern Windbreaks and environmental plantings are genet ally
rcdcedar,
ponderosa pine, Siberian elm, Russian-olive, and well suited to this soil. Summer fallow a year be ire
hackberry. The shrubs best suited are skunkbush sumac, planting and -continued cultivation for weed control ire
lilac, Siberian peashrub, and American plum. needed to insure establishment and survival of plant; gs.
Wildlife is an important secondary use of this soil. The Trees that are best suited and have good survival ire
cropland areas provide favorable habitat for ring-necked Rocky Mountain juniper, eastern redcedar, ponde isa
pheasant and mourning dove. Many nongame species can pine, Siberian elm, Russian-olive, and hackberry. he
be attracted by establishing areas for nesting and escape shrubs best suited are skunkbush sumac, lilac, Sibe tan
cover. For pheasants, undisturbed nesting cover is essen- peashrub, and American plum.
tial and should be included in plans for habitat develop- Openland wildlife, such as pheasant, mourning d ve,
ment, especially in areas of intensive agriculture. Range- and cottontail, are best suited to this soil. Wildlife hai tat
land wildlife, for example, the pronghorn antelope, can be development, including tree and shrub plantings nil
attracted by developing livestock watering facilities, grass plantings to serve as nesting areas, should be .rc-
managing livestock grazing, and reseeding where needed. cessful without irrigation during most years. Unde: ir-
This soil has good potential for urban and recreational rigation, good wildlife habitat can be established, ben it-
development. Increased population growth in the survey ing many kinds of openland wildlife.
area has resulted in increased homesite construction. The This soil has good potential for urban and recreati -ial chief limiting soil feature for urban development and road development. The chief limiting soil features for in an
construction is the limited capacity of this soil to support development are the shrink-swell potential of the sul oil
a load. Septic tank absorption fields function properly, but as it wets and dries and the limited capacity of the so to
community sewage systems should be provided if the support a load. Lawns, shrubs, and trees grow well. C. �a-
population density increases. Because of the permeability bility subclass lle irrigated, IIIc nonirrigated; Lo: ny
of the substratum, sewage lagoons must be sealed. Plains range site.
Lawns, shrubs, and trees grow well. Capability subclass IVe irrigated, VIe nonirrigated; Loamy Plains range site.
1
I
870421
Boot 611 acceded er_�a1 orro<i ..,.�_..._M.JlJN,._.�.iyfi9 _
e .tl t< No _ 1532737 a•
GREELEY-LOVELAND SHAREHOLDER'S DOMESTIC WATER AGREEMENT J _
THIS AGREEMENT. Made thls� day of le eF _, 191411 by and between the City
' bereof Greeley, Colorado, berelfter referred to as "City" and Gaff R. -4- Mlt;lee Pr• �Q;'Icuf3 hereinafter
t:
afar
to as "Shareholder: WITNESSgTH:
' WHEREAS, the City of Greeley ad the Greeley and Loveland Irrigation Company entered into a contract dated June
30, 1961 concerning City pee of certain facilities •.caned by the Shareholders of the Greeley and Loveland Irrigation Company
O• which is hereinafter referred to as "Basic Agreement" and,
WHARFS, the City Is considering construction of • distribation grid to furnish water to the inhabitants In the area South
f— and West of the City an provided In paragraph 2-B of the "basic tgreemeat," and as recommended on Page 9 of the engineering
t,.l report of Nelson, Haley, Patterson and Quirk dated January, 1363, sad. as recommended to the Council by Greeley Water
., Board February 4, in!, and,
!•1 WHEREAS, the Shareholders of record June 20, 1N1 of the Greasy and Loveland Irrigation Company In the area South
and Welt of the City deals to obtain domestic water for their domestic use In accordance with the "Basic Agreement," and,
w-1 WHEREAS. Paragraph 4-D of "Basic Agreement" supplemental contractsprovided for to be entered intoto
from time
me as the
see partiN determine is necessary.
av s
ee NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
a'
p 1. In accordance with the "Beal* Agreement," paragraph 2'E, the City shed furnish water to the Shareholder for the
p following purposes only. .
C3 a. For those dwellings existing upon the land at the date of this agreement and for two additional single family
dwellings.
b. For livestock and-feeding purposes no: to exceed 350 head of cattle kept or maintained upon the land for any one
calendar month.
•
[n 2. That upon annexation of any tract or area to the City of Greeley. the Lies.annexed shall become entitled to all the
v--1 water service provided by said City and water service to the remaining portion of Shareholders premises shall continue: how.
T ever, Shareholder shall not, by reason of this contract scint e any vested or adverse right to continue the use of weer from
. the Greeley Water System other than as provided In this contract
S. That in accordance with "Bed c F e Agreement," psraaph 4- . coacening subdivision agreements, Shareholder agrees:
e •
- a, That upon annexation of any tract or area, to annex to City in units of 10 sores anises officially-platted sub-
division of a different else has been approved by the Greeley Planning CommWloe.
^.y b. That the previsions of this paragraph shall apply only to Phareholder's-premises to be annexed when devoted to
Ate urban uses and when contiguous on at least one Mt to areas Included within the City limits for the purpose of p dug any
enclaves or islands growing la or on the edge of City; and furthermore that one -primary consideration hereof is that If the
premises shall ever be embraced or included within the boundaries of a tract or plat which is soaght to be sod to the
City of Greeley,eithnr by individual petition or by the City Itself. hen and In that event the Shareholder specifically agrees that
be wUl consent to loin in the annexation of such territory - the City of Greeley, subject only to the compliance by any such
petitioners with all of the legal requirements prattling to tie annexation of territory to a maaldpWty. Furthermore, that
Shareholder does hereby empiarer and Irrevocably authorize add appoint the City Clerk of the City of Greeley, Colored., his
lawful attorney in tact for him and W place and stead to situ nay such annexation petition se may be ini••.ted by the City
Connell itself. embracing the above described land within the territory to be annexed to the City of Greelei, Colorado, and
- Shareholder does hereby grant said City Clerk full power and authority to sign his name to such petition, thereby -biota
said Shareholder to all of the terms and provisions of said petition a fully as he might do ►iasel( and for all Masts and
purpose as If he himself had shamed said petition, It being thoroughly Understood by Shareholder that a primary consideration
for the grating of the petition is Shareholders covenant and promise to the City of Greeley, Cslte'sdn. Shareholder further
covenants and agree for himself, W successors and assigns, that,he fails to sip any each a nnealon petition when requested
by the City, or falls to abide by each and every covenant therein contained, then and in tart avast this privilege or right to
use water may be terminated by the City of Greeley. Colorado, upon the giving of 20 days notice le writing of Its-Intention
so to do.
e. That-liana annexation to City or subdivision within 3 miles of City limits, Shareholder agree to dedicate such
streets and highways and rights-of-way for drainage ways as are heretofore established by appropriate plan of the Greeley
Planning Commission and toa waiver of right to romper-ration through eminent domain proceedings for any buildings improve
masts or structures built or constructed on or over any street, highway or drainage-way specifically provided In any appropriate
evtebllsbed plan of the City Planning Commiseloo, then on !tee In the office of the County Clerk and Recorder of Weld
County, Colorado.
d. Upon the Shareholders premises or part thereof being annexed or subdivided. then as a condition for the continued
water service. Shareholder shall comply with all ordinances and Greeley Planning Com:Nesioe regulations concerning the platting
of land, toeing bailding construction, permits, inspections, fire, safety heath. trans., use of water and other applicable
matters as fully as if said premises wete ideated within the City of Greeley, Colorado.
e. Upon the Shareholders premises or a part thereof being annexed-or subdivided as defined ►orels, then a a part or
the consideration for receiving water taps and domestic water service from the City of Greeley, the Shareholder will provide
raw water rights, not to exceed 2 acre feet of water per acre of land Involved, to be transferred to the City a a condition of
annexation or subdivision and as a condition to continue to use and receive city water within the subdivided or annexed portion
the Shareholder agrees to trawler at that time the required waver rights. The quantity of such water-to be transferred shall be
computed at 100% of the then capacity of the water rights transferred sad deliverable-made? the Greeley and Loveland Irrigation
company system.
f. (1) That If any of the area henna described shall become a part of snotty tows er city. then City shall have the
right to terminate the water service to that portion.of-that area that becomes a part of another city or tows.
(2) If the Shareholder ceases to be a Greeley-Loveland Shareholder. then City stall have the right to terminate
.. - the water service to Shareholders premises sad all ocher terms-of this contract stall be berfdsted.
4. That In accordance with "Baste Agreement" paragraph 2-B, conceal•• tap fees ant Dtaabtag reaalattona, Shareholder
agreeC
a. To-py all costs or charges Incident to making tape. and lnaWatlee of meters, as may be then in effect by ordin-
ance for the qty of Greeley, and that said installations shall be made under the supervision of the Director of the Water
Department, or seek other official an the City may demist*
b. To request and accept water tape on or along established County made opposite Shareholder's gnat farm resideneee
and from this point of delivery Shareholder agrees to pay for the Installation of eeoeseary water raw te his point of use.
c. To accept the City water at the preesre as delivered In the distribution grid owned by City and,in the delivery of
water there Is etc-nape pressure that wand cause damage tn- the plumbing of Shareholder, the Shareholder agrees to furbish
and batten the necessary regelatare sr lf additional :reagere Ise needed Shareholder arena famish lie owe eexitiary pompe
d. To comply with State of Colorado Plumbing Code and Permit I"•eeetlea by City of Greeley Fleabag Inspector for
' any facilities City
or structures wing waist for the purpose tit t protecting the health of all omen Ce the Greeley water syste
m=
s. That the metered water rates as provided in paragraph 'B oar the "Basle Agreement" shall be established ea pro
Tided by the City of Greeley (.ta`r/ter adopted Jane 24. 1962.
f. To apply for T water tape of _ / r T. Oa, nose of which exceed one inch le sine, to be
need for domestic purposes on the SW.►older s property described as Mitres, teen .
E 7
of Section __.. 1 Tnwren,. Rage Rge _�
870A21
sOoc 6 ( .
•
1532737 1
g. To use an estimated _ .._ pitons of water per month through the spore tape, '
h. To grant City 1
n permission trans 1. use ne, and stririnhb Lion along the b roes. p of Sprovided.
Cityofgrid shall reimburse
Colder for crop damage and to irrigation or other structures of Shareholder.
•
I. That prior to annexation or subdivision, Shareholder will comply nth all regulations and ordinances adopt.
1 'ty for the use of domestic water.
•
•
5. a. That I" accordance with paragraph LA "Basle Agreement." It was the intent of City to acquire Creel,
• I :eland Irilntion Company water rights from time to time and add to the present water supply-of the City of Greeley,
a part of the consideration for this agreement and when Shareholder subdivides-or annexes-to the City and If he has mor
3 acre feet of water per acre, and he owns other lands within the Oreeley-Loveland !Retinot, thin he may transfer the e
•
of water In excess of the 2 acre feet to such-other lead; provided, If said water Is-not so transferred as herein outlined.
City shall purchase and Shareholder shall sell and Irritation water and up
project water at a price agreed upon between • I
partite hereto but if a price cannot be agreed upon then at the price as determined by•commission
District Court silo an.eminent domain pDolnted by •Judge or i
b. In cue the Shareholder wishes to remove the project water from the Greeley-Loveland District, then the so.
bolder shall give the City the lint opportutt ty to purchase. The price on maid water shall be established at a price which me
Shareholder has • written offer from, and.la willing to accept from a third party. This opportunity shall be exercised by Rrsolm'
• Bon o) the City Council within 16 days after receipt of written-notice is given by the Shareholder of hie intention to sell th. .
water. Failure of the City to pass said Resolution within 16-days of said notice of intent shall release the Shareholder.
6. That due to the quality of Boyd Lake water as shown in Table 9, page 16. Wheeler Report 1962, City will be unapt. i
• use Boyd Lake and/or Boyd fake-Pumping-plant as provided In Sections 2 and I of"Basic Agreement,"
I not be binding on either p..ty hereto until an "operation agreement" le signed by City and the Greeleyhus andUlLoveland Irrier
' t Company u to the use of Lake Loveland, Seven Lakes and Loyd Lake. concerning the storage and withdrawal of water oe
by the City of Oreille).
1
T. That the definition of "eubdivisien" as referred to In paragraph t-F of "Basic Agreement" shall mean the , I
version of the land to a business, commercial. Industrial or scientific use or a eommrrclal cattle feed
yard. as defined in
official resolution adopted by the Hoare of County Commissioner, or an urban housing development
version
, S. That all the terms and conditions hereof .hall extend to and be•bind:eg-upon the heirs, assigns and successor• , i
interest of the parties hereto
9. WT. the word, he, his, or him, is used herein, such word shall also mean and include the words, she. tt •
hers, theirs or them, and the aingujar shall likewise mean and
include-plural. I
i
1
I. IN WITNESS WHEREOF, the patries hereto have caused this Agreement to be executed In duplicate.
1/4777 r
/C •
,apt"""''••.., CITY ••F . 'EELEY, ((�/9,2 .01„.2
BY rfirr
72-4-4--latiliws• di J
•
—T •'s
Approved se to substance:
B. H. Cruee
au Maws •
i
Approved as to tone:
•
Thomas A. Richardson
Olla Man,
STATE OF OOWRADO ) en
PAIIIi't•Y O7 WILD )
y }
awl Tare daF app ` b e se "tee tsa A. ..a
'%l known to me to be the above than.•! Shama-War, acd acknowledged
the sienna of the fore[ t sad power of attorney u Ma (hers) (thole) tree and voluntary
. . • Uses end perm •rieewla s�� act and deed for the 4
•
Wltnels 1 . [({kw'•omd.l seal
YT' 9
'NpTggy •, +�J 1
�TOOdn -
M/,` warr Passe
n ^ape ..e4 IS. Tfl
- Fin aerrevod by City Connell 3.26-1966
•'••.. $
g _g kti 3 I
•
IN
75 N
•
Cz C.7 'e
v
Pr,". 121
•
City of GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123
Greeley
April 7, 1987 a'
TO WHOM IT MAY CONCERN:
This letter will confirm that the City of Greeley will provide water
service via two water taps for Mr. Gary Bragdon for a parcel located
in the SE 1/4 Section 8, Township 5 North, Range 67 West of the 6th
P.M., Weld County, Colorado to service a house and office for the Iamb
pens.
Please contact me if you need additional information.
Sincerely,
a
Mark H. Ryb
Director of Water and Sewer
MHR/pp
1
Iff
1
870421
1
1
1
S sn O The -sited portions of this form approved
Iand Company Realtor and Auciw1l, Inc. by the Colorado Real Estate Commission
'FOUR CONFIDENCE IS 0UA PRIDE SINCE 195• (SC 25-2-81)
247 East 4th .
Loveland Colorado 80537
667-2837 FARM AND RANCH CONTRACT
TO BUY AND SELL REAL ESTATE •
(Remedies include Specific Performance)
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
March 24 . 19 87
t.The undersigned agent hereby acknowledges having received from Larry Rule
the sum off 5. 000. 00 ,in the form of personal check
to be held by Stroh &' Company Realty, Inc. broker,in broker's escrow or trustee account,as earnest money and part
payment for the following described real estate in the
County of Weld
• Cotoradotowit: SEA of Section 8, Township 5 North, Range 67 West, EXCEPT beginning
in SE corner of section; thence N89°42" West 1 , 209. 20 feet; Nl°18 ' East
412. 48 feet; S85°52 ' East 1, 210. 88 feet; S0°7 ' West 331 . 17 feet; to beginning.
Known as Lot B of recorded exemption RE-359 , Weld County, Colorado together
with 5 shares of Greeley-Loveland Irrigation Ditch, and 1 share of Lake Ditch.
•
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,known as No.
No street address established and hereinafter called the Property.
snr.ICIl'Yy,,�e
2.The undersigned person(s) Larry P.coy,z;p(
(as joint tenants/tenants in common),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.$ 180• 000. 00 ,payable as follows: $ 5 , 000. 00 hereby receipted for: t
Balance paid as follows: Purchaser to assume existing first deed of trust in favor of
Metropolitan Life in the approximate amount of $160,000.00 plus or minus with an interest
rate not to exceed 101/4% or obtain new financing in the approximate amount of $160,000.00.
Purchaser to pay balance of approximately $15,000.00 plus normal closing costs in_cash or
certified funds at time of closing. Said contract is strictly contingent on assumption or
9 a WnAWeci°Win #W'ghny all permanently attached fixtures including all
existing pumps and motors. •
•
•
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,liens and encumbrances,except:
none
and except any personal property liens in any encumbrance specified in paragraph 12.The following fixtures of a permanent nature are excluded from
this sale: none
5. Price to include the following water rights:5 shares of Greeley—Loveland; 1 right in Lake Loveland & 5 shares
of Big Cut Lateral together with any & all other rights appurtenant to said property
6.If a new loan is to be obtained-by Purchaser Irom a third party.Purchaser agrees to promptly and diligently(a)apply for such loan,(hi execute all
documents and furnish all information and documents required by the lender,and(c]e.ay the customary costs of obtaining such loan.Then if such loan is
not approved on or before May 29 . 19 ,or if so approved but is not available at time of closing,this •
contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser.
7.If a note and trust deed or mortgage is to be assumed,Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer •
fee not to exceed S 500 O0 and(2)an interest rate not to exceed 1 0h 'X•per annum.If the loan to be as-
sumed has provisions for a shared equity of variable interest rates or variable payments,this contract is conditioned upon the Purchaser reviewing and
consenting to such provisions.If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such consent without
change in the terms and conditions of such loan except as herein provided.
8.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.
9.Coat of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser
10.An abstract of title to the Property,certified to date,or a current committnient for title insurance policy in an amount equal to the purchase price,al
Seller's option and expense-;shall be furnished to Purchaser on or before June 2 • , 19 87 . If Seller elects to fur •
nish said title insurance commitlment,Seller will deliver the title insurance policy to Purchaser after closing-and pay the premium thereon.
11.The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by
Stroh & Company Realty, Inc.
12,Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14.Subjectto 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 July 3 . is 87 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 r.
:free and clear o a ions for special improvements
installed as of the date of Purchaser's signature hereon.whether assessed or nut:free and clear of all liens and ctu"brances except none !'
except the following restrictive covenants which do not contain a right of reverter:Of record or in use r.
and except the following specific recorded and/or apparent easements:Of record or in use 87017Q1
and subject to building and zoning regulations.
- 870288
I
13.Except as stated in paragraphs I2 and 14.if title is not merchantable and written notice of defecl(sl is given by Purchaser or Purchaser's agent to
Seller or Seller's agent on or before date of closing,Seller shall use reasonable effort to correct said defertts)prior to date of closing.If Seller is unable to
correct said defect(s)on or before date of closing.at Seller's option and upon written notice to Purchaser or Purchaser's agent on or beforedateof closing,
the date of closing shall he extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 14.if title is not rendered leer
chantable an provided in this paragraph I3,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 It,Purchaser.
19.Any encumbrance required to he paid may be paid at the Lime of settlement-from the proceed-lot 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.thiscontract 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 re-
turned to Purchaser.
•
15.General taxes for the year of closing.based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents,FHA
I mortgage insurance premium and interest on encumbrances,if any,and
I
shall be apportioned to date of delivery of deed.Purchaser shall be responsible for any sales and use lax that may accrue because of this transaction.
16. With respect to the growing crops Seller and Purchaser agree as follows: Purchaser to pay all property tax,
• water assessments, crop expense, including seed fertilizer, spray, pump cost.
and receive landlord' s share of 1987 crops, or subject to terms of said
farm lease.
17.Possession_of the Property shall be delivered to Purchaser on d.y of cl0($-��ng
(1-.ec, . ;r, - . (A-— subject to the following lenses or tenancies:
Existing farm lease with Mr. Mary Mt 1i I a copy of which shall be
provided by seller and approved by Purchaser on or before 5 days after receipt.
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
' $ 50 . 00
g until possession is delivered.
1 18.The risk of loss from any damage to the improvements by fire or other casualty priorto the date of closing shall be on Seller;provided,however,that
if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof.and if Purchaser elects to carry
3 out this contract despitesueh damage.Purchaser shall be entitled to all such insurance proceeds.The risk of loss foran,y damage togrowingcrops,by fire
or other casualty.shall be borne by the party entitled to said crops as provided in paragraph 16.and such party shall be entitled to the insurance proceeds.
if any.
j 19.Time is of the essenee.hereol.II any note or check received as earnest money hereunder or any other p rt
I tendered when due.or if any other obligation hereunder-is not performed as herein provided,there shall-he the hollowing remediesue hereunder is :
paid,honored or
(a)IF SELLER IS IN DEFAULT,(I)Purchaser may elect to treat this contract as terminated.in which case all payments and thingsof value received
hereunder shall be returned to Purchaser and Purchaser may recover such damages earn ay:be proper,or(2)Purchaser may elect to treat thi s contract as
Ibeing in full force and effect-and Purchaser-shall have the right to an action for specific performance or damages,or both.
yi (b) IF PURCHASER IS IN DEFAULT,(I)Seller may elect to treat this contract as terminated.in which.case all payments and things of value re-
i ceived.hereundershnll be forfeited and retained on behalf of Seller and Seller may recoversuchdamnges an may beproper,or(2)Seller may elect to treat
( this contract as being in full force and effect and Seller shall have the right to nn action for specific performance or damages,or both.
1 (c)Anything to the contrary herein notwithstanding,in the event of any litigation arising out of this contract,the court may award to the prevailing
party all reasonable costs and expense, including attorneys'fees.
20.Purchaser and Seller agree that in the event of any controversy regarding the earnest money or things of-value held bybroker,unless satisfactory
mutual written instruction is received bybroker,broker shall not-be required to take any action but may awn it any proceeding,oratbrokei soption and
{ discretion,may interplcad.any moneys or things of value into the court and may recover court costs and reasonable attorneys'-fees.1 21. Additional provisions:
i 1. This contract is strictly contingent on purchasers ability to obtain a perm , ed
lambs or sheep as a comercial endeavor from Weld County on or before June 34;-1597.
6', 19 7.
2. Purchaser hereby acknowledges prior, timely receipt of notice that Stroh & Company
Realty, Inc. and its agents are agents of seller and are not representing purchaser
as purchaser's agent in this transaction.
22. If this proposal.is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before Apr 2..1__3
)) l9 R7 ,this instrument shall become a contract between Seller and Purchaser and shall inure to thebenefit of the heirs,successors and assigns of
I
su
parties,except as led in paragraph 8.
• .... — 5 " e 7 Broker STROH & MPANY REALTY, INC.
Purchaser Date
h�
BPurchaser y 1
Date
Purchaser's Address •
(The following section to be completed by Seller and Listing Agent)
23.Seller accepts the above proposal this. day of . , 19- ,and agrees to pay a commission of
{ 7r of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of
of-value received hereunder.suchpayments and things of value shall be divided between listing broker and Seller,one-half there of to said broker,but not
i
j to exceed the commission,and the balance to Seller.
1 Seller
Seller
Seller's Address
Listing Broker's Name and Address
•
i 1 870421
i UPDATE LEGAL FORMS - EJ
P.O BOX 1815-GREELEY,COLORADO 80632
303/356-6360 (SC 25-2-81)
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