HomeMy WebLinkAbout850994.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 506 - HIGH
COUNTRY TURF AND JAMES WESTERVELT
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, on June 17 , 1981 , approved Recorded
Exemption No. 506 for High Country Turf concerning property
described as part of the SEa, Section 26 , Township 2 North, Range
68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS , High Country Turf and James Westervelt are now
requesting that Recorded Exemption No. 506 be amended, and
WHEREAS , the Board has studied said request to amend Recorded
Exemption No. 506 and deems it advisable to approve same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the amendment to
Recorded Exemption No. 506 , requested by High Country Turf and
James Westervelt be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the following: 1) The applicant shall submit a
revised mylar plat to the Department of Planning Services to be
recorded in the office of the Weld County Clerk and Recorder. The
plat shall be drawn in accordance with the requirements of Section
9-2C. (4) of the Weld County Subdivision Regulations. The plat
shall be submitted within sixty days from the date of approval by
the Board of County Commissioners; 2) The applicant shall comply
with Section 27 of the Weld County Zoning Ordinance should any
residential development be proposed within the Geologic Hazard
area; and 3) The applicant shall comply with Section 26 of the
Weld County Zoning Ordinance should any residential development be
proposed within the 100-year flood plain.
850994
Page 2
RE: AMEND RE #506 - HIGH COUNTRY TURF AND JAMES WESTERVELT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 24th day of
April, A.D. , 1985 .
.} BOARD OF COUNTY COMMISSIONERS
ATTEST: QGt[ rimse, WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board cqu ine J son, Chairman
EXCUSED
Or{t7vc-c_oJ Gene R. Brantner, Pro-Tem
D puty County Cl k
APPROVED AS TO FORM: C. . K ' r
/ .
La8. 7)14
T
County Attor e IfL�lsJ ,l� zL
Fr.nk Ya.::guc ,.
850994
DEPARTMENT OF PLANNING SERVICES
(itt11PHONE(303)356-4000 EXT.4400
V 915 10th STREET
GREELEY,COLORADO 80631
WIIDe.
COLORADO
April 24, 1985
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, Colorado 80631
RE: Amended RE-506
The attached application, plat and related items are in reference to a
request from James Westervelt and High Country Turf for an amended recorded
exemption. The parcel of land on which this request is being made is
described as part of the SE' of Section 26, T2N, R68W of the 6th P.M. , Weld
County, Colorado.
This request is being done with Subdivision Exemption 234. Approval of this
amended recorded exemption would allow Mr. Westervelt one residential
building permit on his 62.2 acre parcel.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved for
the following reasons:
1. The impact on agricultural surrounding land-uses does not appear
to be significantly different than the original request approved
on June 17, 1981.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations.
850994
Board of County Commissioners
March 24, 1985
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The applicant shall submit a revised mylar plat to the Department
of Planning Services to be recorded in the office of the Weld
County Clerk and Recorder. The plat shall be drawn in accordance
with the requirements of Section 9-2 C. (4) of the Weld County
Subdivision Regulations. The plat shall be submitted within sixty
(60) days from the date of approval by the Board of County
Commissioners.
2. The applicant shall comply with Section 27 of the Weld County
Zoning Ordinance should any residential development be proposed
within the Geologic Hazard area.
3. The applicant shall comply with Section 26 of the Weld County
Zoning Ordinance should any residential development be proposed
within the 100 year flood plain.
Respectfully,
((
tC ((ie41- 1r 1V"*.Cg .
Michael S. Mullen
Current Planner
MSM:js
850994
FIELD CHECK
FILING NUMBER: SE-234 & Amend RE-5O6 DATE OF INSPECTION: April 19, 1985
NAME: James Westervelt and High Country Turf
REQUEST: Subdivision Exemption and Amended Recorded Exemption
LEGAL DESCRIPTION: Pt. S1 of Section 26, T2N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION: One mile west of Frederick; west of Weld County Road 11 and north
of Weld County Road 16.
LAND USE: N Cropland, farm residence, tank battery and
heater-treater-separator.
E Weld County Road 11, Sullivan Ditch, 3 residences, 1 mobile
home, Frederick-Firestone Airport.
S Weld County Road 16, gas processing plant, irrigated
cropland, old farm residence.
W I-25 Frontage Road, I-25.
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
The subject site is irrigated cropland. Several oil wells, tank batteries,
and heater—treater—separators are located on the subject site. The High
Country Turf property slopes to the northeast, has access to the I-25
Frontage Road, and contains two residences and a mobile home. The
Westervelt property slopes to the west, has access to Weld County Road 11
and has a single-family residence situated on Lot A of RE-506.
By: <<11.J,. ` . -�
Michael S. Mullen
Current Planner
850994
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REFERRAL LIST
APPLICANT: Westervelt and High Country Turf CASE NUMBER: Amended RE-506
SENT REFERRALS OUT: March 29, 1985 TO BE RECEIVED BY: April 17, 1985
NO SR NR NO SR NR
County Attorney
Weld County Health Dept.
Engineering Department
County Extension Agent
Office of Emergency Mngmt
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, CO 80203
State Highway Department
1420 2nd Street
Greeley, CO 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
X Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
NO=No Objection
SR=Specific Recommendations
NR=No Response
850994
TRI-AREA PLANNING COMMISSION
P.O. BOX 363 FREDERICK, COLORADO 80530
April 10 , 1985
Mr. James R. Mayerl
Current Planner
Department of Planning Services
915 10th Street
Greeley, CO 80631
Dear Mr. Mayerl :
Received the two applications from James Westervelt and High
Country Turf. One for an Amended Recorded Exemption and the
other for a Subdivision Exemption for the parcel of land
described as SE1/4 of Section 26 , T2N, R68W of the 6th P.M. , Weld
County, Colorado. The location of the parcel of land for which
these applications have been submitted is one mile west of
Frederick; north of Weld County Road 16 and west of Weld County
Road 11 .
Due to lack of a quorum at our scheduled regular meeting on
April 2 , 1985 , we could not vote on the two applications from
James Westervelt and High Country Turf, but they were discussed
and the following is our unofficial recommendation:
Two points were brought up during our discussion.
1 . ) It appears to be a civil litigation issue and we do not
work in this capacity.
2. ) There is question as to the stated amounts of acreage on
these applications which seems to be confusing.
There are too many unknowns and we will need further clarifica-
tion in order to be able to give our official recommendation.
Should you have any questions , please don ' t hesitate to call .
Sincerely,
Iva J . Renner
Chair
Tri-Area Planning Commission
IJR: rm
850994
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: �
APPL. FEE '�C 7Cs°
CASE NO. , 4 � RECORDING FEE
ZONING DISTRICT A RECEIPT NO. 4406O
DATE APPL. CHECKED BY f49m
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described property
be designated a recorded exemption by the Weld County Board of County
Commissioners. LEGAL DESCRIPTION:
RE 506 located in the South East corner of the South East 1/2 of section 26
T.2N, R.68W
TOTAL ACREAGE: 78.845
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes x No
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes No x
FEE OWNERS OF PROPERTY:
Name: James T. Westervelt Jr.
Address: 9536 I-25 Access Rd. East, Longmont, Co.80501 Phone: 772-4350
Name: High Country Turf
Address: 7178 I-25 Frontage Rd. , Erie, Colo. 80516 Phone: 772-8171
Name:
Address: Phone:
WATER SOURCE: Larger Parcel CWWD Smaller Parcel C Wiciiar
TYPE OF SEWER: Larger Parcel septic Smaller Parcel septic
PROPOSED USE: Larger Parcel agriculture Smaller Parcel agriculture
ACREAGE: Larger Parcel 62.2 ac. Smaller Parcel 16.645 ac.
EXISTING DWELLINGS: (Yes or No) No (Yes or No) No
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge.
COUNTY OF WELD
STATE OF COLORADO ) See Attachment
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this 3, .,J day of f..w.cs/ , 19Ss .
by John W. Butcher, a partner of High Country Turf, a partner-
(SEAL) ship and by James T. Westervelt, Jr.
/� icx ,�J7ecPCoi
Notary Public
My Commission dxpires:
1‘7:141 28 1985
850994 Feld Ca. naught Coai
February 25, 1985
APPLICATION FOR AMENDMENT TO RE 506
BY J.T. WESTERVELT & HIGH COUNTRY TURF
4. Purpose and reason for requesting amendment to RE 506.
The purpose for the application is to correct an oversight on my part
when I purchased 143 acres from High Country Turf in 1981. Prior to
my purchasing the 143 acres RE 506 was issued to High Country Turf.
I purchased a major portion of RE 506; however approximately 16 acres of
RE 506 extends across my property boundary to the west and is therefore
owned by High Country Turf thus rendering my portion of RE 506 (approx.
62.2 acres) uneligible for a domestic building permit.
I therefore request that I and High Country Turf be permitted to amend
RE 506 and obtain a subdivision exemption thus enabling me to acquire
a building permit on RE 506.
5. A preliminary discussion with the Weld County Planning Dept. leads
me to believe that this request for an amendment to RE 506 is possible.
6. The present and eventual use of RE 506 will be reflective of agricul-
ture zoning rules.
7. With the exception of the Tri-Town Airport all surrounding land is
zoned agricultural .
8. To my knowledge keeping my property as zoned agricultural complies
with both Weld County and the Tri-Town's comprehensive plans.
9. At the present time and in the immediate vicinity there are a number
of residences with an acreage size of 1-20 acres, thus building a home
on 62 acres should not conflict with present usage.
10. Central Weld Water Lines are presently on the road easements on the
east side of RE 506. RE 506 consists of sandy soil thus no forseeable
problems with a perk test or obtaining a septic permit.
11. To my knowledge RE 506 is not in a Flood Plain, has no Geologic
hazards; is not in the Weld County Airport overlay district and does
comply with section 50 of the Weld County zoning ordinance.
3 -v
Date J.mes T. Westervelt, Jr.
a Li- SS l y ( T��yy{{���
Date High Country Turf, a partners id p r t/,
By: John W. Butcher, partner
WHO Z-„35 4rDniu5F }Raad
JTW:1ks:ss cr(p Lit Boer 850994
1 R•ECoIZDED )cMPTIo1J NO. I3i3- z4-q - R;so.
1
LoT 8 AME1JD0D
A TRACT or I-AFJI7 LocATSO N THE SE I/4 OF' SEC. 24. -rowN5NIp 2.
NORTH ) RAki6E 60 WE5T or THt: 6TH PM. t Wa-D COUNTY) CoLolzAbo.
644 GoR.5Ec. Z6
CND. 5.L.M.
I5RASS GAP
N$9.21'i3oe m
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v uoo 15'4o'e
183.43'
mega 21'3o E _ 2441..04'
tw9.34'
t5 No2%Iz'ab"w LOT O; so' R.o.w.
L Goo 3 169.01' boil XL
c`•\ EAST 614JK OF Goo'NJ
3 HOLLOW PITG Neri9'ss E N
t 259.15' Imo'-- 5g. 26 E
25'Act65S 4• L. T'P; REG. Ex.4 i313.2G•4-Rr6 t
EASEMENT � 6a 259 Ac. AMENDED -�
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ZS' a•.� 1661.56'
• -156.64 - 5x9'43'14"W -- 1404.13 3•
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FOP B.L.M. 5011TH LINE 5EG. 24.
BRASS GAP
co. ROAD rc.o.w. 2.174 AG.
LoT 'A' I .O29 AG.
1.-0T 'PO too. 25(lAG.
TOTAL (03.402 AG•
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THE EAST LIFJE or 51;GTIold
21 _____________ 24„ zs T2N 2(. A5 6EIN& Noe l5140"E
AND MoNUM0NTW AS SHOW.
N PRO.Ecr • '
LOCATION
" PATE PIzEPARED • MARCH 14) 1965
) Jos No. I -4451
.— • FIJD. # 4 flN
TOFRemw4. • RSG. 1-5. IJo. 13444 coLO•
— co. e,. 1 M Le s
39 \ 36
vluu 1Ty MAp AN
850994
2.000, MARCH 141196s I of Z
..... 4.6 No. I-9K1
REcogbb 5x5Mf'1ic J wo. 1313`2.4,'4 -IZ.ESot
LOT $ AMENDED
LEGAL DESCRIPTION /
A parcel of land located in the South half of Section 26, Township 2 North,
Range 68 West of the 6th P.M. Weld County, Colorado, being more particularly
described as follows:
Beginning at the Southeast corner of said Section 26, whence the East quarter
corner of said Section 26 bears North 00°15'40" East; thence along the South
line of said Section 26 South 89°43' 14" West 1904.73 feet; thence along the East
bank of the Godding,Hollow Ditch North, 22°59'27" West 1370,79. feet; thence North
89°27'30" East 2446.04 feet to a point on the East line of said Section 26
whence the East quarter corner of said Section 36 bears North 00°15'40" East
1436.13 feet; thence along said East line South 00°15'40" West 1275.75 feet to
the Southeast corner of said Section 26 and the Point of Beginning, except Lot
"A" , of recorded Exemption No. 1313-26-4-RE506, containing 62.433 acres more or
less .
SURVEYOR'S CERTIFICATE
I hereby certify that this plat was prepared under my supervision and is correct
to the best of my knowledge and belief.
'VA
Of' 11
►.ams„ ' a
ona . 1
c PROPERTY OWNER'S APPROVAL Wi''
I, James T. Westervelt, Jr. being the sole owner in fee of the above described
property do hereby subdivide the same as shown on the attached ,map.
mes . es eve t, Jr.
NOTARY
The foregoing certification was acknowledged before me tits 3O day of
Q, A , A.D., 1985 Witness my hand and seal .
My Commission Expires: �
aty Commission Expires Feb. 13. 1929 to EYmay. S set,``
o
COMMISSIONER'S CERTIFICATE \\
The accompanying plat is accepted and approved for filing.
% t.).,\:.,, %\,,'
rman, 1
Board of County Commissioners
ATTEST: i<f
County Clerk %
Ry �( , �.,,,<P.� / .t.,_tG. . 1
Dated 4i'lr„ t -I leftz•
850994
loP2
.100 No• I-145I
CENTRAL WELD COUNTY WATER DISTRICT
March 6, 1985
James T. Westervelt
9536 1-25 Access Road East
Longmont, CO 80501
RE : Water Service
Dear Mr. Westervelt:
This letter is in response to your request for water service
to serve the following described property :
71181 62131326000058 Acreage 136.96
25233 That pt. SE4 Section 26, Township 2 North, Range 68 West
of the 6th P.M. , Weld County, Colorado. Lying East of the
Godding Hollow Ditch. Exc. Beg NO°15' E 1092.39' from SE
Cor of Sec. Thence N 0°15' E 183.36' S 89°27' W 278. 70'
S 02°42' E 184.07' N 89°15' E 269. 15' to beg. (2 D 3.88R)
Water service can be made available to the above
described property provided all requirements of the District
are satisfied , including easements where required for District
facilities .
Central Weld County Water District requires that contracts
be consumated within one ( 1 ) year from the date of this
letter , or this letter shall become null and void unless
extended in writing by the District .
Very truly yours ,
CETRAL WELD COUNTY WATER DISTRICT
Lorene G . irsch
Office Manager
LGH/wmg
850994
2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Secretary-Manager
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds
the following conveyances affecting the real estate described herein since
August 30, 1972.
LEGAL DESCRIPTION:
That part of the SEa of Section 26, Township 2 North,
Range 68 West of the 6th P.M. lying East of the
GODDING HOLLOW DITCH. WELD COUNTY, COLORADO,
EXCEPTING therefrom that part more particularly described as follows :
BEGINNING at the Southeast corner of said Section 26 and considering
the East line of said Section as bearing NOO °15 ' 40 "E with all other
bearings contained herein relative thereto;
thence NOO °15 ' 40"E, 1092 . 39 feet to the TRUE POINT OF BEGINNING;
thence NOO °15 ' 40"E 183. 36 feet;
thence S89 °27 ' 30 "W 278. 70 feet
thence S02 °42 ' 56"E 184 . 07 feet;
thence N89 °15 ' 57"E 269 . 15 feet to the TRUE POINT OF BEGINNING
CONVEYANCES (if none appear, so state) :
Reception No. 1693182 _ , Book 771
Reception No. 1751861 , Book 830
Reception No. 1847905 , Book 926
Reception No. 1847906 , Book 926
Reception No. 1862571 Book 940
re-recorded Reception No. 1875538 , Book 954 see attached copies
Reception No. , Book
Reception No. — , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion
of Title, nor a guarantee Title, and the liability of TRANSAMERICA
TITLE INSURANCE COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY
has caused this certificate to he signed by its proper officer this 25th day
of February , A.D. , 19 85. at 7 : 45 A.M. o'clock.
TRANSAMERICA TITLE INSURANCE COMPANY
COMPANY
By:
AUTH RIZ SIGNATURE
850994
c, IOOK Reeonle at.D;5_.__._.delak.L. M. ___. JUL. 8 ) o
,.�,.y Nl _ Q
N / •1 A,erydw Ne. �1.(yq. �.._ L liy.ice- gassrdw. 0'
rl
'. MEREDITH O. JOHNSON, an unmarried woman,
A whose addreasls 35 Dorian Court, Longmont, Slap Documentary Fee
CN i. County of Boulder . ,8ta4 ef n I
Al • •
ca l Colorado for the consideration of
.-1 i THREE HUNDRED FORTY THOUSAND AND N0/100 (8360,000.00)
c• dollars,in hand paid,hereby sell(s) and convey(s) to
•
,o
`"l ' HARLAN GLANTZ and VERNA M. GLANTZ,
• •
III whose address is Route 1, Erie . County of
't
G O
.o ' Weld ,and State of Colorado the following real property In the
I o
County of Weld ,and State of Colorado,to wit:
• a I O
The South Half (Sir) of Section 26, Township 2 North, Range 68 Wet b
F of the 6th P.N.; r
m m
l TOGETHER WITH all ditch and water rights appertaining to said I
premises, including 9 shares of the preferred capital stock of The
Consolidated Lower Boulder Reservoir and Ditch Company, 2 shares of the
common stock of The Consolidated Lover Boulder Reservoir and Ditch
Company, and the existing irrigation well;
i
I BUT RESERVING unto the grantor all of her right, title and
interest in and to all oil, gas and mineral rights underlying said
) I premises for a period of 10 years from the date hereof; provided, how-
I ever, that the grantees shall be reasonably compensated for any surface
damage caused by the extraction and removal of maid mineral rights
' during said 10-year period;
a with all its appurtenances,and warrant(s) the title to the same,subject to easements and
rights of way of record; mineral reservations and oil and gas leases of record;
and 1976 property taxes which, by reason of adjustment, the grantees assume.
;1
Signed this 2nd day of July 187 6 ,O ,f
Meredith 0th 0. J�.
atsnmarr1.18)..XQBMIu__.—_.__—____..
•
STATE OF COLORADO, \)
ea
�if County of Boulder
. ,, jj
2 L)."0 The foregoing instrument was acknowledged before me this 2nd
7 day of July ,1976 ,b4 Meredith 0. Johnson, an unmarried woman.
My conunWion expires July 14th, 1979.
Witness my hand and ofllcW seal. yy�
t,•.tf c% rffS/Y
sew,.,........•, i wre e+a.
• t'NTARYO As":
TA\., 8L1 . q
Na t)At•., at0�...�ww Pin-a..r..,r.0 o..mm Ikea mr G.r r._ntar�w�aw
Send future tax statements to: Harlan area Verna !1 use , 850994
Route 1,
• Erie, Colorado 80516.
`, 830 o 6 w APR 28 1978
r�
R^oorded at "� o'clock NI.
H Reception No. _ 1'7S1A61.. MARY ANN FEUERSTEW Recorder.
��
t-i fG
' HARLAN CLANf2 and vfRNA M. GLANTZ
' as tenaq ,,,� ���on State Documentary Fee 0.
whose address is x""^25 e, Colorado 8o i6
v
71,8 Z-25 Date APR a 8 1979
P
COW-icy us W-'-d ,State of 7_.x'5!40
Colorado
,
co I SIX HUNDRED FORTY THOt[C..AND the consideration
($640,000.00)TM I •
to I dollars, in hand paid, hereby sell(s) and convey(s) to
er—
ei I n_JLJ CATTLE CO. •
1
• i
whose legal address is 7490 Club House Road, Boulder County of
as , •
•l Boulder . and State of Colorado o.
the following real property in the .a
o I County of Weld , and State of Colorado, to wit: o
0
The South Half (s 1/2) of Section 26, Townshin 2 North, Range FR West
R? 1 of the 6th P.M.;
•coIR
! TOG}n'Hkti WITH all ditch and water rights appertaining to said N
N
m premises, including ck
2z 9 shares of the preferred capital stock of The a
,,uon. lidnLed Lower Boulder Reservoir and :,itch Company, 2 snares of the an
common stock of The ConsolidatedLover Boulder Reservoir and Ditch Company,
and the existing irrigation well; case No. W-6249
I
y
1
L
"
iS
M
.I i al.�u known as street and number
' Pt. 1, Erie, Cnlerade 80516
with ail its appurtenances, and warrant(s) the title to the same, subject to easements and
II rights of way of record; mineral reservations rind oil and gas leases of
IIrecord; and 1976 property taxes, which t`c ...Iaz-teen agrees 'c pay, also
^irat Deed of .;us I. fur Lite use of iirmEi'r_'. duytryrN recorded truly t1, 1976
II in Book 771 as Roception No. 1693183.
1
1 Signed this 27th day of April /78
.�CEc
• -
�II/FLr *A, ^
_ray 2- . 4 �Qi f
V13'!IA !I. Cr.A.fro
STATE OF COLORADO.
I Cuuttt of Boulder '
I
The 1'•reg',ing '.n.. _.:tent was acknowledged before me this 27th
day of April .19 78 .by Harlan Glantz and Verna M. Glantz
as tenants in common
nnyl fission expires ,E;y C:.;r..:.::. . • _ II
P` sY‘, '1^e hand and official seat. i
4." A k .G`.-.1:(1 Attie" -./, /Vitt '
; sr,..........co . 850994
1 .....1 TE OF
26 Re a ded.t lif f 9n.m.b AN 231981 _. —= /-, CD I
Reception No. i5 __Ramrden J
inrCt 1
I Reterderes Stamp
li
TIM DEED, Made this 23rd dry of January I I
1 II 1931,between TULL CATTLE CO., A Colorado Corporation
1 11
a corporation duly organised and ear ling under and by virtue of the laws •
�I P• State Docua mpuy Fee Ii ,
c
I of the State of Colorado of the 1•st Dart,
rt,and
Date ?A M 7 ___ I I
e II HIGH COUNTRY TURF, a Colorado Partnership s vial.rfe) I
', whose kind ammo,is 7178 I-25 Frontage Road, Erie aII
II of the County of Weld and State of I I
• Colorado of the second part:
co j
s
WITNESSEI'H,That the said party of the first part,for and in consideration of the sum of -__- j
' THREE XVNOAED, TWENTY THOUSAND AND NO/100—
DOLLARS, I,
e` to the said party of the first part in hand pall by the said party of the second part,the receipt whereof Is here. I' e
o by confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presets doth grant,bar- ' C
N I! gala,sell,convey and confirm unto the said party of the second part.its successors and assigns for- I ti
f° ever,all of the following described lot• or parcels of land,situate,lying and being in the c
', County of Weld and State of Colorado.to wit: n
I' The South Half (51/2) of Section 26, Township 2 North, Range 68 west of the 6th II 0 I
,, P.M.; r
ml II TOGETHER WITH all ditch and water rights appertaining to said premises including I .•.r
• 1. Two (2) Shares of the common stock of the Consolidated Lower Boulder Reservoir III e
and Ditch Company, and the existing irrigation well (adjudication Case No. W6299)II ry •
and 1 I
'I TOGETHER with all lease rights in and to Nine (9) Shares of the preferred capitali.
I' stock of the Consolidated Lower Boulder Reservoir and Ditch Company under terms II
nd o alit s•of an Agtee°ie t between Tull Cattle Co s City of �Lafayettte dated
I'' Serif 1, 11uus and TPOGuTHER WITH all growzra3 crops and crops hetetazore harvostedI
d Iknown asstreet an num er
�
tl ,) II TOGETHER with all and singular the hervditaments and nppurtersances thereunto belonging, or in anywise 1
I appertaining.and the reversion or reversion., remainders• rents• isauca and profits thereop and all the estate•
ii right,title,Interest,claim and demand whatsoever of the said party of the first l:,a't,either in law or equity,of,to I
Aii and to the above bargained premises with the herediaments and appurtenances i
i, !I TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the I
{ / I I
^ said party of the second part its successors and rosin,.forever.And the said II
party of the first part,for itself, II
and it.successors•doth covenant.grant,bargain,and agree to and with the said party of the second part,
its eueceasors and assigns,that at the time of the ensesling end delivery of these prnanta it I.well
T seised of the premises above conveyed. of a good,sure,perfect,absolute and indefeasible estate of Inheritance,in
- I i a law,la fee simple,and bath good right,full power and lawful authority to grant,bargain,sell and convey the Same I
IIle manner and farm aforesaid,and that the same are free and clear from all former and other grants,bargains I
I Wes,liens,taxes nul anments and ineumbrnnres of whatever kinder nature sorter; subject to easements andl
' rights-of-way of records mineral reservations and oil and gas leases of record; I,
I I
'980 and previous years' property taxes, which Grantor agrees to pay '
ll
• and the above bargained premises in the quiet and peaceable possession of the said party of the second part
its successors and assigns,against all and every person or persona lawfully claiming or to claim the whole
or any iya -roof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
V '"3EREOF•The said party of the first part bath caused its corporate name to be hereunto
ie .: •; •."'• ‘..t. President,and Iva corporate seal to be hereunto affixed,attested by its
II-•-tl[7,: tar fiat above written.
iT;. T 1 tattle
a......t - ._._..._...._ secretary
Eta nap..• :v's n,
.Mien James H. Tull,
•s..STATE OF COLORADO, --) . I
.._._.._.__.—Copnty H_Boulder __1st
The foregoing Instrument sou acknowledged before me Oils 23rd day of January , I
it 81 it, ', .'es H.Tull a. President and
g9�.•,:vpa, `layne J. Johnson as Secretary of I
(• 0 k' '3• Tull Cattle Co. es Jul 1, 1981 arerpontlon.
eI � TA
; y• V.
•tr :' My notadd<omrnluion ndoffi Y
1 Oil.'' f• ` ; _ Witness my band and official seal.- moor now.
I II r (�C�.� ip I _v��
cl'io........ OT'se= ._.�..-:l ci-.�Cl . ,2'rwG4/�'1/�___.__
1 Ns eon. waeaawrr or ..�e..e.,-eton snares nw.a.ec._ea s,.w a,. ,ann,.oa.na.araaersHara
, 850994
•
• SC0( Rewarded at_.__ ,•d_, •• el....11 2 12C1 �,,/926 iCii7SII "- w/� .._....!/�
•
H+mpun No____ _ I� -�
cite Gin :. Cciara?o
I ' THIS DEED, Hat this 23rd Mir of January ,1281
t i
between JOHN W. B[yff7iFl.
1 C.
of the County of Weld and state of
j • Cetorads,of the first pert,and HIG:. COUNTRY TURF, A Partnership,
7/ 79 1- - - � (tot �t c�. gas0,
e of the County of Weld and star of
Colorado,of the sewed part,
W ITNESSETH,That the said party of the flirt part,for and in consideration of the rim of-------
j o TEN AND NO/100 DOLLARS,
to the said party of the frt part la hand paid by the said party of the second part,the receipt whereof
N is hereby confessed and eelmowledged,has read-gal,reamed, sold, conveyed and QUIT CLAMED. and by
1 these presents does remise,release,sell,many and QUIT CLAIM onto the said party of the wand part,
o its tat.successors and amigos,forever,all the right, tide, interest claim and demand which the said
.� party of who first part has to sad to the following described lot or parcel of land aitoate, lying and
Ming In the said County of Weld and State of Colorado,to wit:
The South Half (51/2) of Section 16, Township 2 North, Range 68 West of the 6th
Ve P.M.:
ea
Ti]Obant.R WITH all ditch and water rights appertaining to said premises including
:-1 Two (2) Shares of the common stock of the Consolidated Lower Boulder Reservoir
and Ditch Company, and the existing irrigation :ell (adjudication Case NO. W6249)
1 �4r
1
1
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and priAev then®to
..aging or In anywise tbsn e,appertaining and all the estate,right,Vex interest and claim whatsoever,of the
said part y of the first part,either In law or equity,to the only proper use,benefit and behoof of the said
part y of the second part, its heirs and sac!Tna forever.
IN WITNESS WHEREOF,The said party of the first part has hereunto set his hand
and seal on the day and year first above written.
t,..1 I:).,._L_._LSAar [3SAL]
Signed.Sealed and Defvend In the Presets:lief
;John W. Butcher
[SEAL]
__—__._._..—_____.___ iSUAL]
STATE OF COLORADO, }
LL
County of BOULDER
The foregoing Instrument was aelmewledged before me this 23rd day ef January
It 81,bye JOHN W. BUTCHER.
Hy commlseion eapiro Aug. 4 .1091 .Witness my hand end&M d.%net •n..,,
/...„00
t,
1 ..•
-.)jt.0 )err
„„me,n,n^nJ,
ati by natural pawn ee seine men woe a,-.or ears,.:V by pence anhtt G enrc!—••'-1 rr a" "1 Y' J es ea
allwnee-:n-ract the In,,n as..or ➢-(erl or u:' z.,Y . '1: < .. •..:
Wnll,M1 o,a Inert,a,- N, le:^.. rc�a. Y'•at: .uot or"'
e...an M._ea C..... "ia+" •4��._�<f
e.a.o� t-I C rs4 s,e...a..atuta r..rn
Ne.211 quit cu:W ono.—s.Yr.M Mealy A MIAS Cunt Isn't,D.a, .0.lsaoe—,.-n 850994
re099
4
olor
BOOK`9`54 RCCCPTION.l ` •, DA t d �t TIME..
3 .��)
AAAitY MAIN FEUE(.STEIN, Clerk and Rcco dcr, Vicid County, Co:orodoo.
g°° JUL $ , Colorado
0 Recorded at o'clock M. Wald County
aj' '° I�Y� ° Recorder.
y 94 Reception No. .. _1%2471 ,,,
HIGH COUNTRY TURF, a Partnership,
Slate Documre d(IIY :ee
wh-e addre'.i, 7178 1-25 Frontage Road, Erie,
JJJJJLL 6198811
Dcte.
County ----�-
of Weld .State of
Colorado . for the t1•nci derat ion of One Hundred
Ninety Thousand and no/100 ($190,000.00)
r d ,liar,. .n hand paid, hereby selllsl and c..n.eyt.i to
.LAMES T. WESTERVELT, Jr.
A who.e legal addres.ix Longmont,
' Weld . and State of Colorado, the following red, propert) in the
County of Weld . and State of Colorado. to wit
That part of the SEX of Section 26, Township 2 North, Range 68 West of the 6th
P.M., lying East of the Godding Hollow Ditch together with one share of the
common stock of the Lower Boulder Reservoir and Ditch Company, except therefrom
Lot A of Recorded Exemption RE-506, said Lot A also being described as follows:
BEGINNING at the Southeast corner of said Section 26 and considering the East
line of said Section as bearing NOO°15'40"E with all other bearings contained
herein relative thereto;
thence NOO°15'40"E, 1092.39 feet to the True Point of Beginning;
thence NOO°15'40"E, 183.36 feet;
th. Ice 589°27'30"W, 278.70 feet;
thence 502°42'56"E, 184.07 feet;
thence N89°15'57"E, 269.15 feet to the True Point of Beginning;
jioL tly with Grants
But reserving to Grantor an easement to/design, construct, ddevelop, and operate
a water storage reservoir in accordance with terms and conditions of Amended
Application for Water Storage Right, Case No. 80 CW 348 and of Amended Application
for Approval of Plan for Augmentation, Case No. 80 CW 349 and decrees resulting
therefrom.
Rimcomnomancstmencaomiamnic
Taxes Cut 1981 to be paid by Grantee.
No mineral rights are conveyed by this instrument.
with al; its appurtenances, and warrantlsl the title to the same, subject to an existing
Federal Land Bank Loan No. 0791171-7-0, rights of way, easements, mineral grants
and reservations, and water covenants of racnrd and all Weld County Zoning
•
and Building provisions; said Land Bank loan not being assumed by Buyer but
being payable as set forth in Attachment A attached hereto and hereby by
reference made a part hereof.
Signed this / / / day of cj L . ' -e— , 19k
HIGH COUNTRY TURF
John W. Butcher, Partner
STATE.OF COLORADO.
County of Boulder
r
Thr forego:my instrument was acknowledged Letore me this
day of dupe-- .1981 .by JOHN W. BUTCHER, a Partner..terthe•„
Partnership doing business as HIGH COUNTRY TURF. = Jsrc '•
?ly commis+ion exptrtn August 13, 1983. � � �>•�� .
Witne"my hand and official seal. (- l 2 )
This dncieent to be rerecorded to .� / .....a•. m,n,t. t't,n.
Include the specific perforance cnntrget �•'.,, ti' ,.•+- _
dated May 12, 1981 and a 7 page adrf(ndum. '��
ttaar. *YMtr aM-AV.t Fe.- -Y.MM1,e P,bi.,,.ae l's ,'i..,Y..,..,,\.,n.•, (..JYn t.i...y.10.1 lol I r,M,..IU. 850994
• +v J
iJb<411
8.00P1°--. RECEPTION _ _- y S`t
r3O0K.�..R4. FECLFLON-_ __
.1-A
L " �
ATTACHMENT "A"
Payment Schedule
It is agreed and understood that `.eller and PUrc`.aser will share
proportionately the five (5%) per cent Federal Land bank `;to':k Fee and the
one-half (': ) per ceit loan fee inc.:rred in tine Federal Lind Canl Loan or
Three Kindred, Twenty-Five Thousand (SJ25,000.'JO) Dollars i. rrently existing
ce t"e South half of Section 26. The net loan p'nreed, et the above loan „ere
Three '1undred, Seven Thousand, One eundred, T..onty-Five (5307,125.00) Dollars.
'.' es, the payment Proration of the J'CP:.ID P:, .'•r: cr Om! ' ndred, Sixty-Five
Thousand (5165,000.00) Dollars shall be One Hundred. Sixty-Five Thousand/
Three Hundred, Seven Thousand, One Hundred, Twenty-live (165,000;307,125),
times the r.ayment due.
It is agreed the UNPAID BALANCE will be secured by a hestervelt
note haviny a variable interest rite the same as the Federal Land Bank Loan,
;o. 0191171-7-0. It is also agreed and understood that the"Westervelt note
will have semi-annual installments due each May 15 and 6ivember 15; thus, the
first such payment will be due November 15, 1381 and interest will start to
accrue on the date of closing.
It is agreed the DOWN PAYMENT uncer this Agreement is Twenty-Five
Thousand ($25,000.00) Dollars and it is to be paid as follows: Five Thousand
(55,000.00) Dollars hereby receipted for; Five Thousand ($5,000.00) Dollars on
May 15, 1981; Two Thousand, Five Hundred (52.500.00) Dollars on August 1, 1981;
Two Thousand, Five Hundred ($2,500.00) Dollars on Septerber 1, 1981; Two Thous-
and, Five Hundred (52,500.00) Dollars on October 1, 1981; Two Thousand, Five
Hundred ($2,500.00) Dollars on favember 1, 1981; Two Thousand, Five Hundred
( 2,500.00) Dollars on December 1, 1981; and Two Thousand, Five Hundred
($2,500,00) Dollars on January 1, 1982.
It is agreed the growing crops are to be used as security for pay- .
ments recited hereinabove.
All payments shall be made jointly to Seller and Federal Land Bank.
Purchaser shall have 3 right to prepay any amount at any time without prepay-
ment penalty. Seller agrees to obtain and furnish to Purchaser a partial re-
lease upon payment in full.
This document to be rerecorded to include the specifice perforance
contract dated May 12, 1981 and a 2 page addendum.
850994
✓54
BIJUtC__ RECEPTION. 1A75538
-- • -
•
LM MMH peellea AI\M sea YM'ee.'t V
rolonde Mesa CM Y,Cwlxlw(SC if.It IT)
SPECIFIC PERFORMANCE CONTRACT
(FARM AND RANCH)
• Longmont May 12, ip 81
Colorado -I
RECEIVED FROM JAMES T NESTFRV a ersonal check 'I
' Purchaser(asjoint tenants),the sum of 3_ 5 000.OO ,in the loan of
to be held by HIGH COUNTRY TURF axatwx OOO,0Odlleau*14 geuYtaaxax
as earnest money and part payment for the following described real estate situate in the
ainty Weld cost dp,to it That part of the South Half of
rSec. °16;T2N;—R6SW of the 6thi.FT:, We9d Bounty, lying east of the existing
drainage ditch excepting therefrom a set of farm improvements consisting of a 3
bedroom house and outbuildings having an address of 7201 Weld
ldiCounty R1 acre:
oad 11.
Longmont, Colorado 80501, together with a yard area of approximately
wab.0 e.een,eaite said rights of way appurti rent thereto.all improvements thereon and all fixtures of a permanent
- nature currently on the premises,except as hereinafter provided,in their present condition,ordinary wear and tear '-
excepted,known as
which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of
s_19 8_,Q00.00 u0 payable as follows 35.000.00 hereby receipted for,
$ and the balance of the down payment and remaining unpaid balance to be paid in
accordance with the schedule of Attachment "A".
I
I I
Cost of any appraisal for loan purposes to be obtained after this date shall be paid by
1. If a note and trust deed or mortgage is to be assumed,the purchaser agrees to apply for a loan assumption if I
required and purchaser agrees to pay(1)a loan transfer fee not to exceed 3_ and(2)an interest
rate not to exceed _rt per annum. If the lender's consent to a loan assumption is required,this contract Is
expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as ,
above stated.
If a secured or unsecured loan is to be earned by the seller,seller shall not be obligated to carry said loan for any
person or entity in lieu of the purchaser named herein. I
2. Price to include the following personal property: •I
•
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,
(lens and encumbrances,except: II
I I
I
I
and except any personal property liens in any encumbrance specified in paragraph 3. I
; The following fixtures excluded from of permanent nature are rom this sale: Portable corrals.
• 3. Peke to include the following water rights: One (1) cohesion share of the Consolidated
i, Lower Boulder Reservoir and Ditch Company.
I; . WiLlitsatinitat3 slain ltratappptttelal 1(xr Attar rent commitment for title insurance policy in an
l i grunt equal to the parectme price,at seller's option and expense,shall be furnished the purchaser on or before
d May .13 mill If seller elects to furnish said title insurance commitment,seller wlU
deaeee the title issuraaee policy to purchaser after closing and pay the premium thereon.
.
L title sAJ be merchantable to the seller,except as stated in this paragraph and in paragraph 1L Subject to
Iove and compliance with the other terms and conditions hereunder by porches'''.
pyme a tender r i ad erd ld
II the seller alma ennui gad deliver a good and au(fieleat general w deed to said purchaser oh
_ _Jwie_15 If 81,or,by mutual agreement,at an earlier date,conveying se deproperty free and
Fld r
der l tame.sateen 0221171-2-0
4 moserni 171-2last for ld. am payable January lacticandirls except o
�1f loan. lb. 0791171-]-0 in the amount of 5195 000 OD whirls than h• payahle ill provided in Atterlowtt "A"• '
free awl deer of J Peas M opeedal improvements now installed,whether assessed or not;free end clear of all liens
ad earsaMaae 'inept: II
w se gletilt eeamy n.aew••e rawer,iris sod sear s
ateewd rstammice-tea Sint Pena De..,ey.t1a.tats.le,Ii-4rr
850994
8001.___ RECEPTION._ 1ti'7��Jti
and :leen the following easements: those of record; 4-9
and subject to building and zoning regulations and the following 'dive covenants; those of record:
Any encumbrance required to be paid may he paid at the time of settlement from the proceeds of this irannactian
or from any other source.
6. General taxes for the Year of closing shall be/'M'k'gM'g917r111 38 u 5tIlli l9flt1p21111MlAftlgalgrMldlnp e*WP twit
lfX*fl*ktx'If'(!(188 PergeRXkt.Repaid rents,water rents,sewer rents,and interest en encumbrances,if any,
mint said Was Pr rpn s amnuntinasa_SZZO,Q9_shatll be P.J4 by-purchaser,_----
iwbnti64♦14WIM,lb6a rdM$6sitais i17erayal -- -
7. With respect to the growing crops the seller and purchaser agree as follows: Purchaser shall be en-
titled to all the landlord's share of the 1981 crop.
8, The hour and plan of closing shall be asdesignated by —._..__. . —__ ___ _
O. Possession of premises shall be delivered to purchaser on_Maly 15,_ 1981
subject to the following leases or tenancies a one-year farm lease with Alfred Sater. Seller
has afterfeed rights with the farm lease which transfer to Purchaser.
10 The risk of toes from any damage to the Improvements by fire or other casualty prior to dateefclosing shall be
on the seller,provided,however,that If the seller shall maintain insurance on said improvements which will nmpen-
sate for the full replacement value thereof,the seller may at his option assign the proceeds of said insurance to
purchaser,in which can the purchaser shall complete the transaction as herein provided.The risk of less for any
damage to growing crops,by fire or other casualty shall be born by the party entitled to said crepe as provided in
paragraph 7 and such party shall be entitled to the insurance proceeds,
II. Time is of the essence hereof,and if any payment or eny other condition hereof is net made.tendered or
performed by either the seller or purchaser as herein provided,then this contract,at the option of the party whe is
not in default,may be terminated by such party,in which case the non-defaulting party may recent such damages as
may be proper.In the of such default by the seller,and the purchaser elect,to treat the contract as terminated,
then all payments made hereon shall be returned to the purchaser.In the event of such default by the purchaser,and
the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and
retained on behalf of the seller.In the event,however,the non-defaulting party elects to treat this contract as being
in full force end effect,the non-defaulting party shall have the right to an action for specific performance and
damages.
12. Except as stated in paragraph 5.if title is not merchantable and written notice of defeetlsl is riven by the
purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and
shall not be rendered merchantable within 30days after such written notice,then this c ntran,at purchaser'soption,
shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments
made hereunder shall be returned forthwith to purchaser upon return of the abstract,if any,to seller; provided
however,that in lieu of correcting such detente),seller may.within said 30 days.obtain a commitment for owner's title
insurance policy in the amount of the purchase price reflecting title insurance protection in regard to such defetin,
and the purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title.
The seller shall pay the full premium for such owner's title insurance polity,and the abstract.if any,shall be returned
by the purchaser.
13. Additional provisions: See attached addendum forming a part hereof.
14. If this proposal is accepted by the seller in writing on or before __ _._____._ II_, this
instrument shall become a contract between seller and purchaser end shall inure to the benefit of the heirs,
successors and assigns°r( b_•a.�z,esl. ,�
) Agent
( it„see»r t, Date
writ.». Date
By:---
Seller accepts the above proposal this day of__. II.--and Wm
to pay►commission of_%of the gross sales price for services in this transaction,Sr ,agrees that,la the event of
forfeiture of payments made by purchaser,such payments shall be divided between the Whet broker and the milled
one-half thereof to said broker,but nor to esceed the commission,and the balance to the miller.
i
H. , , r ��. . , , f. err . I S
1
Purchaser's Address — —
Seller's Address
850994
q"YO
8OOK 95i RECEPTI0N.._.. 'J=.-3K..
'- S
ADDENDUM I
It is understood that nine (9) shares of the preferred stock of
the Consolidated Lower Boulder Reservoir and Ditch Company were sold to the
City of Lafayette and a covenant filed of record on September 9, 1980 (see
Attachment "8").
It is understood Seller has filed an application for approval of
plan of augmentation in the District Court in and for Water Division No. 1.
State of Colorado, Case No. BO-CW-349 which provides int.or aid for a Four
Hundred (400) acre-foot storage reservoir and an unnamed 2.08 c.f.s. irriga-
tion well to be completed. It is understood a well permit will be issued and
available to drill said irrigation well during the calendar year 1981. in
the event said permit is not available to Purchaser in sufficient time to
drill and complete said well prior to the 1982 irrigation season, Seller will
deliver to Purchaser sufficient water either through the existing ditch system
or through the existing pipeline system from the Johnson Well No. 1 to irrigate
the subject acreage. In the event ditch water is supplied. Purchaser will pay
the water assessments and in the event well water is supplied, Purchaser will
pay the actual cost of energy necessary to pump the water to the acreage.
This arrangement to supply water shall continue until an alternate water sys-
tem becomes available to Purchaser. In the event tests indicate a well is not
practical on Purchaser's land, Seller will make available sufficient land and
appropriate easements thirty (30' ) feet in width without additional cost to
Purchaser to locate a well on Seller's land. In the event a well cannot be
completed on either Purchaser's land or Seller's land, Purchaser shall hereby
become a one-half (k) undivided owner in and to the existing Johnson Well No. 1,
together with appropriate thirty (30') foot wide easements to operate Purchaser's
interest therein, said easements and undivided interest in the Johnson Well No.
1 to be conveyed to Purchaser without additional cost.
it is agreed and understood that the unnamed irrigation well set
forth hereinabove is to be the sole property of Purchaser, 850994
.1
54
BOOK— RECEPTI0N..._1hZ2•` S,
4 -
ADDENDUM I (Continued) •
It is agreed and understood the four Hundred (400) acre-foot
storage reservoir will be constructed on land jointly owned by Purchaser and
Seller and will be jointly owned and operated by the owners of land in the
South Half of Section 26 and Purchaser will share with Seller irricatio and
r
augmentation rights in and to said storage reservoir. Nei party
hereto
an
shall be obligated to spend more than Ten Thousand ($10,000.00) art in
parties the the construction of said reservoir without the mutual consent of rtidp
hereto. Appropriate easement rights to construct, develop and operate
structure are hereby reserved.
850994
Hello