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Home My WebLink About880903.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1106 - DAVID SCHWIND WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners , pursuant to its authority under Section 30-28-101 (10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1106 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1106 was submitted by David Schwind for property which is located in part of the NW} of Section 13 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 5 acres and 75 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms , "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1) The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (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) Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations; 3) An ISDS Evaluation will be necessary prior to issuing the required septic permit on the existing system; and 4) Prior to a residential building permit being issued on Lot B, the applicant shall present evidence that the residence will be served by a public water supply. This condition shall be added as a note to the plat. -Pp /106 880903 irk,:c,12 RE: RE #1106 - SCHWIND The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D. , 1988 . e BOARD OF COUNTY COMMISSIONERS‘77)ATTEST: WELL COUNTY, COLORADO Weld County C rk and Recorder (AYE) and Clerk to the Board Genet ra tner, h irman 7 /;r (AYE) BY: %a,1,1 �.,1tim � �I ��S/.v C.W. Rirb P P o em Deputy County Clerk (NAY) APPROVED AS TO FORM: J.cqu-/`j`'n Fo nson �_ • ,i ) .'A!,w/ ii _ (AYE) Go ' , County Attorney ! (AYE) Frank Ya--:gu• i 880903 DEPAR-, ENT OF PLANNING SERVICES (� PHONE(303)356-4000 EXT.4400 915 10th STREET 4fri GREELEY,COLORADO 80631 WI C. COLORADO September 14, 1988 Board of County Commissioners Weld County Centennial Complex 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1106 Dear Commissioners: This request for a Recorded Exemption is submitted by David Schwind. The parcel of land on which this request is being made is described as part of the NWT of Section 13, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1.5 miles east of the Town of Mead, south of Weld County Road 34, and west of Weld County Road 13. The parcel of land under consideration is not the total contiguous land holdings of the applicant. The request is to divide an 80 acre parcel into 5 acres and 75 acres, more or less. On August 31, 1988, the Weld County Commissioners approved USR-844. A request submitted by the applicant for a single family dwelling on a parcel of land under the minimum lot size required in the A (Agricultural) zone district. The Special Review application was on 67.5 acres of a 147.5 acre farm. This Recorded Exemption is on the remaining 80 acres. The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions of the subject's parcel and of other property within this section. In staff's recommendations on USR-844 it was indicated that the request was considered consistent with the intent of the zone district and compatible with the existing surrounding land uses because of the parcel size of 67.5 acres and its ability to be used agriculturally. It is the staff's opinion that sufficient reasons have not been given by the applicant to warrant creating an additional lot at this time. 88O9O3 David Schwind RE-1106 Page 2 Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The approval of this land split may encourage requests to subdivide neighboring properties in the vicinity. Scattered residential development in rural areas necessitates an increased demand for roads and bridges, police and fire protection, education facilities, utilities, and other services. The cost of providing services and the conflicts between rural an urban land can be reduced if development is encouraged adjacent to existing municipalities. The staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 9-2 E. (1) (a) through (m) have been met. Respectfully, ngle ren Planner BJB:dn 880903 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: David Schwind Case No: RE-1106 Legal Description: Part of the NWT of Section 13, T3N, R68W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 74.93 Acres, ± Small Lot Size: 5.07 Acres, ± Criteria Check List Meets Criteria Yes No 1. Consistent with the intent of the zone district. 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. X 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. 6. Complies with the Weld County Comprehensive Plan. 7. Consistent with efficient and orderly development. X 8. Lots accessible from an existing public road. X 9. Adequate water supply. X 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11. Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 8809&f'3 .}ir , DEPART( NT OF PLANNING SERVICES it: „ PHONE(303)356-4000 EXT.4400 915 10th STREET tf • 1 4904 GREELEY,COLORADO 80631 WIFe. COLORADO . September 14, 1988 Board of County Commissioners Weld County Centennial Complex 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1106 Dear Commissioners: This request for a Recorded Exemption is submitted by David Schwind. The parcel of land on which this request is being made is described as part of the NWT of Section 13, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1.5 miles east of the Town of Mead, south of Weld County Road 34, and west of Weld County Road 13. The parcel of land under consideration is not the total contiguous land holdings of the applicant. The request is to divide an 80 acre parcel into 5 acres and 75 acres, more or less. On August 31, 1988, the Weld County Commissioners approved USR-844. A request submitted by the applicant for a single family dwelling on a parcel of land under the minimum lot size required in the A (Agricultural) zone district. The Special Review application was on 67.5 acres of a 147.5 acre farm. This Recorded Exemption is on the remaining 80 acres. The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions of the subject's parcel and of other property within this section. In staff's recommendations on USR-844 it was indicated that the request was considered consistent with the intent of the zone district and compatible with the existing surrounding land uses because of the parcel size of 67.5 acres and its ability to be used agriculturally. It is the staff's opinion that sufficient reasons have not been given by the applicant to warrant creating an additional lot at this time. 880903 David Schwind RE-11O6 Page 2 Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The approval of this land split may encourage requests to subdivide neighboring properties in the vicinity. Scattered residential development in rural areas necessitates an increased demand for roads and bridges, police and fire protection, education facilities, utilities, and other services. 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'C; n' a. , rapr- v5- 1 1yii, nn 61988 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 *"Jr' C° (4 hiJiili "'e°''iS`t°' Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: /. n APPL. FEE `te2.5cj - /4-O5 CASE NO. l2 ' lo s RECORDING FEE ZONING DISTRICT A ,,,,,c,,L.--rugt,i.... RECEIPT NO. DATE 7 - 7 - ee, APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: ,4 ft�AT1Cv. of A/,/,0 At D 45 t 13 , Tom "V g 66"40, TOTAL ACREAGE: 8(/ • Has this property been divided from or had divided from it any pther property since August 30, 1972? Yes ,)( No 0 905 ye'/+, j etiPS-at- /%/6 A+. Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes `' No v- FEE OWNERS OF PROPERTY: Name `g,, 1 c` s -Pt-clipper �v Address: /7'QO 4D'C Clippen t ?f5L3 Phone: 3.1-6- 342-75--- 77,2 7/00 .' Name: Address: Phone: Name: Address: ,�J Phone: / WATER SOURCE: Larger Parcel// /C //� pac'+ Smaller Parcel.bfl�`ie.:4 7a,/+ ,C eg well �r TYPE OF SEWER: Larger Parcel Sep7� Smaller Parceisc 4Cr ` O1 'ee PROPOSED USE: Larger Parcel 19 rem,e , Smaller Parcel/f age k1, ACREAGE: Larger Parcel 71 93 Smaller Parcel •-5-0 •0 7 EXISTING DWELLINGS: (Yes or No) N o (Yes or No) _ Y" 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 ) L/,'�, yc�/�f^// /J "—j////� STATE OF COLORADO ) � Signature: Owner or Authorized Agent Subscribed and sworn to before me this ill day of�G:d.�(., , 195 y. (HEAL:' Notary Public 7o--7 / 7l4 -AG/-f r My Commission Expires 6 - / - 9/ 886993 z/e -zi` tE` +. x 4 � i7 LNs y rY� ^�' di1^`V"d PaM...!'.:�. J�a^'.a'V �YrT� .. • June 28, 1988 David Schwind 17890 Weld County Road 5 Berthoud, CO 80513 Weld County Department of Planning Services 915 10th St. Greeley, CO 80631 Dear Sirs : Enclosed please find a packet of information for a recorded exemption on a portion of land in Section 13, T3N, R68W. This portion of land being 80 acres . You will find in this packet a copy of a purchase contract in which I am buying this farm from the Church of the Laterday Saints . One of the conditions being that I am able to divide this property. My request meets the standards set by the Weld County Subdivision Regulations and complies Weld County Comprehensive Plan. This land will remain agricultural and probably become more productive than it presently is which will keep our county the great agricultural county it is . I propose to split this 80 acres into two lots . Lot A being 5 .07 acres with the house, shed, and corals , and lot B being 74.93 acres which is irrigated by the Highland Ditch . The purpose of this split is to allow for lot B to be developed into a small productive farm with a new house and supportive buildings . Lot A will be used as presently is . The division lines were chosen in regards to best use and most logical because of natural lay of land, building locations and irrigation uses . In regards to utilities, all are it, place on lot A. Lot B if developed could use Little Thompson Water District with enlargement of the exis- ting main or drill a well which is permitted by Colorado because it's over 35 acres . A septic system would have to be used it lot B were to be developed. This produces no problem because of the size of parcel and type of soils . It would certainly meet all standards for County Health requirements . Electric is provided by Union REA and services are at the road. There is no natural gas presently available so propane would be used if desired. 880903 {.9av^,.. '•e., +_.,.. - . --",''M?+rr ...,'"y g."']i. ".n '' .14,- .'"`dt4R"".zj.P_. "., tia -;r. .,CZg, ‘4::-2,r a>,_e"i, v. rd 1 a'ai+14a ": '4l° ale k x v.rF'? w �* y .. 11.' �.-.. i.Y.`1. 'nf*�ZP'rv:} �Fj"«-,i`''`t,7,.,� .+•. ,1: w�. ,th!'4 As you can see on the enclosed map both lots have road frontage and access to Weld County Road 34. The added traffic would present no problems or affects to present traffic. Both lots are in the Longmont Rural Fire District and should present no problems to them. This division would be very compatible with existing properties for several miles around which consist of many smaller tracts from 2 acres up to 160 plus acre farms . Most of the properties all being agricultural minded . The uses for these lots would remain the same and have no impact on any existing or future property. This property is not in any flood plan or any other overlay which would be harmful to the property owner or violate any zoning ordinances . Your help in approving this division is really appreciated by myself and the church . If you need any further information please call me. C Respectfully �da.z..e,..)4, ' LL/ -2 Dave Schwind Home 535-4275 Office 772-7100 DS:eb Enclosure x;30903 • RECORDED EXEMPTION NO, LEGAL DESCRIPTION That portion of the Northwest Quarter and the Southwest Quarter of Section 13, Township 3 North, Range 68 West of the 6th P.M.. , Weld County, Colorado, more particularly described as follows: Considering the South line of the Northwest Quarter of said Section 13 as bearing South 89°54' 17" West and with all bearings contained herein relative thereto: Beginning at the North Quarter corner of said Section 13; thence along the East line of the Northwest Quarter of said Section 13, South 00°40'59" West, 2647.91 feet to the Southeast corner of the Northwest Quarter of said Section 13; thence along the East line of the Southwest Quarter of said Section 13, South 00°40'59" West (Record North 00°40' 27" East) , 45.49 feet; thence North 89°li '01" 'West, 779. 87 feet; thence North 00°29'27 East, 33.08 feet to the North line of the Southwest Quarter of said Section 13; thence along said North line, South 89°54' 17" West, 237..64 feet; thence North 33°14' 38" West, 194,67feet (Record N.. 33°12'20" W.. , 194.92 feet) ; thence South83°58' 12" West (Record S 83°55' 59" 'W. ) , 206.72 feet; thence North 01°18'02" East, 2510.33 feet to the North line of the Northwest Quarter of said Section 13; thence along said North line, South89°55 '23" East, 1304.58 feet to the point of beginning. The above described tract contains 80.00 Acres, more or less. Subject to a County road right of way 30 feet of even width along the entire North side of the above described tract. Subject to any other rights of way or other easements as described by Instruments of Record or as now existing on said described tract.. SURVEYOR' S CERTIFICATE I hereby certify that this plat was prepared by me and that the same '' is correct to the best of my knowledge and belief. 11682 * Capc • ee Re istered Land Surve o Colo ke F�»si �P 9 y g.. 011682 `+ We, the undersigned, being the sole owners in fee of the above described property, do hereby subdivide the same as shown on the attached map. The foregoing certification was acknowledged before me this day of A.D. , 19 My commission expires NOTARY PUBLIC: Witness my hand and seal The plat is accepted and approved for filing.. Chairman of County Commissioners The foregoing certification was acknowledged before me this _day of A.D. , 19_ My commission expires NOTARY PUBLIC Witness my hand and seal • 8809'93 RECORDED EXEMPTION NO. • A PORTION GF SEC., 13, T 3N, R68W of the 6th P.M., WELD COUNTY cf the 6th P.M. , WELD COUNTY, COLO. S.89°56' 23"E. 1304.58'!� NW N. line NW/4 { 3° L2 ce,Ro, 34 1 N'A Cor.. • Ccr. 511 .93' 792. 65' LL LOT A x a- 0 o AREA- 5.07 Acres M 0 aS �_p S to C] i0 ct _2 C/5 M O S V { p Z N c‘ir ? ^ N V) 3 a npp7 o - 11) O Z LOT B AREA- 74 ., 93 Acres LLI SCALE-1"=300' DATE-June 8, 1988. -LEGEND- o-Pin set. . •,s-Pin found, LU a) O Eo AREA ° LOT A-5.07 Acres e � o r z - N _'LOT B-74.93 Acres TOTAL-80,00 Acres Sg 5.8 8'12''W. �`1944b18„W,.g — 8 206,72' z N SE Cor. MWI. - bb / S.lineNW'/. E'hCor. N. lineS'W'/4 S.E7 5 '17'"W 3.89°54'17"W. _237.64' N.89°11 '01"W. 779.87 n 2670.43' FA: - CO.RD. 34 $= • °g Lor. • SITE 13 LOCATION MAP 8 Scale-F=2000' THOMAS RESERVOIR 8809P3 CORD. 32 "•,nwrxurM1rv'Y.3.0.04 s?-Y•0A141K K4005E" flS:L;v'Asdik.JAwa.l:�:•r't•�•, 1Y,i rnti:•..Y"ela$,"a:::lat. "'�.e.+'..,�.itG#Y� ,°f� , m.�t � wE. . �"^`�°••^t �, • C060&S e N. N. co to ct 1.-.. o m o •r N m e n n n n N N 1 1 5 a 2 dtN t 3 Ww 9 �� y !jH Y� Wl2 1 f 1 k18 1. g J � F, y ,/ obis JOYSyl . • SiGlpt. 11 ill VJyy _ Oppd ` pMflit 3 , . i - 211 ,-^''/(-J(� 214' • I i[5 , @2 OPT `- ul H—sLit iiIj & d3F w ^ti< r i Ir •II a 55 J W I m ©.. - vaLH a �g m h M m ; h !ty % 4 c �Iq, �8� t•L _ -� t Lo -I w _P `-g. m -a 158 _ -u s Sm 44 Faino Y 2 S1HV13N g. . u w4 1W FV)Db .. �So m - c N wl ;OD Rat; ��rvs> - - a x?+ ARi 3,, � W,5 Q z Jk K afi tl�im I�k� � WIT R f ye = adz 3< o- 3,n �p W Za\- /. 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'..1/�aD 4z , ..in44 N .ar • F'S*t'+;�� ;+y�� '�+�+^(". - LITTLE THOMPSON WATER DISTRICT DIRECTORS Telephone 532-2096 Carey J.Salomonson. 307 Welch Avenue President Dr Charles Allen Bet lhoder G ud.Colorado 80513 Leo Baker Keith Croonpalsl Tom Reynolds E.Thomas nmord Dean Anderson MANAGER John M Gruner April 21 , 1988 Mr. Dave Schwind Moore Realty Inc. 752 17th Avenue Longmont, CO 80501 Dear Mr. Schwind: This letter is to inform you of the results of a hydraulic analysis conducted on a water line located along Weld County Road 34 east of I-25 and west of Weld County Road 13 . You asked what length of 6" water line would have to be installed to provide domestic water service to 2 additional residences to be located in the NW of Section 13 , Township 3 North, Range 68 West of the 6th Principal Meridian. Your request for this information was given to our engineering firm, Rocky Mountain Consultants of Longmont, and they completed the hydraulic analysis. The minimum amount of 6" water line that would have to be installed to provide this service was determined to be 1017 ft. to be installed begin- ning at the intersection of Weld County Roads 34 and 13, connecting the new line to the existing 6" water line and proceed west for a distance of 1017 ft. This amount of 6" water line would maintain the current level of service to be existing water taps in addition to being able to supply the additional demand of 2 more residences . We estimate that a line extension of this size installed in accordance with District Specifications would cost approximately $7 , 000 to $8 , 000 , with no participation by the District. I hope that this has answered any questions that you might have concerning this matter, but should you have more questions or need additional information, please contact our office. Sincerely, Barsv Dkre�s Ope t-i ns--Supervisor BD/jl Encl : Rocky Mountain Consultants , Inc . letter dated 4/19/88 880903 • • a • IThe ado Cordon of this C to on S -2 a1) Colorado Rest Estate Commission(SC 22-241) and Company THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. REALTOR." FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) Behruary 2 Sg , 19�_ 1. The underNignfl�agertt0 ereby acknowledges having received from David Schwind l// the sum of $ , UU UU 'in the form of L10tC to be held by Uoore Realty, Inc. as earnest money and payment following broker, in brokers@ escrow or trustee account, part a ment for the described real estate in the County of L'l((Colorado, to wit part of the NW1,(, Sect. 13, T3N, RGSW containing approximately 146.43A also known as 5492 Weld County Road 34 together with all easements and rights of way appurtenant thereto,all improvements thereonand all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Property. • 2. Subject to the provisions of paragraph 19. the undersigned person(s) David Schwind (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. $ 310,000•00 payable as follows: $ 5.,000.00 ed for: 3305,000 in cash or certified funds as closing. This contractyise1conditional upon purchaser securing a loan to close this transaction. 4. Price to include the following personal property: those owned by seller on property if any, 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 properly 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: 4 shares Highland Ditch Company, 150 units of Northern Colorado Cons, Water District (Big T) , 16 shares Highland Lake Lateral, 146 Shares McKay Lateral 6.If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)apply for such loan,(h)execute all documents and furnish all information and documents required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before March 10 , 19 $br if so ap proved 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 $ N/A and (2) an interest rate not to exceed N/A has provisions for a shared equity or variable interest rates or variable payments,this contract is conditioned upon %per annum.reviewing the loan a be to ch provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining uch consenthaser change n in th terms such conditions of such loan except as herein provided. in the and 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 assumable by Purchaser without written consent of Seller. 9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser 10.An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,at Seller's option and expense, shall be furnished to Purchaser on or before `larch 11 dil commitment, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.Seller elects to furnish said title insurance 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 _ Moore Realty, Inc. 12. Title shall be merchantable in Seller,except as staled 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 '. flay 1 S 6JLte' .l " warranty deed to Purchaser on , 19 "� , or, by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes. except the general taxes for the year of closing, and except 110110 ; ee and clear of allinstalled as of the date of Purchaser's signature hereon, whether assessed or not: free and clear of all liens and encumbranceseexcfor ept special improvements ! • q. _..� , except the following restrictive covenants which do not contain a right of reverter only those of pebdic record and except the following specific recorded and/or apparent easements: only those of public record 8809(23 and subject to building and zoning regulations. R-86 4/86 Page 1 of 2 •+13. Except as statedin paragraphs 12 and 14,if title is not merchantable and written notice of delect(s)is given by Purchaser or Purchaser's agent to Seller on • - Sellers agent on or before date of closing.Seller shall use reasonable effort to correct said defect(s)prior to date or closing.II Seller is unable to correct..aid defect(s) on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or oetore date of closing.the oate of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 14,if title is not rendered merchantable as provided in this paragraph 13,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and Things of value received hereunder shall be returned to Purchaser. 14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. 15.General taxes for the year of closing,based on the most recent levy and the most recent assessment prepaid rents,water rents,sewer rents.FHA mortgage insurance premiums and interest on encumbrances, it any. and irrigation water and ditch assessments shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: SUD]eet property snail be conveyed free and clear of all farm and improvement leases. 17. Possession of the Property shall be delivered to Purchaser on date of closing. subject to the following leases or tenancies: none If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for a daily rental of $ until possession is delivered. 18.The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller;provided,however,that if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof,and if Purchaser elects to carry out this contract despite such damage.Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops,by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16, and such party shall be entitled to the insurance proceeds, if any. 19.Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due, or if any other obligation hereunder is not performed as herein provided. there shall be the following remedies: (a)IF PURCHASER IS IN DEFAULT,then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder.It is agreed'that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph(c))are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT.(1)Purchaser may elect to treat this contract as terminated.in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper or(2)Purchaser may elect to treat this contract as being in lull force and effect and Purchaser shall have the right to an action for specific performance or damages. or both. (c)Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense. including attorney's fees, 20.Purchaser and Seller agree that.in the event of any controversy regarding the earnest money held by broker,unless mutual written instruction is received by broker.broker shall not be required to lake any action but may await any proceeding,or at broker's option and discretion.may interplead any moneys or things of value into court and may recover court costs and reasonable attorney's fees. 21. Additional provisions: • Purchaser hereby acknowledges prior, timely receipt of notice that Moore and.Company and its agents are agents of Seller and are not representing Purchaser as Purchaser's agent in this transaction. • 1. Purchaser is a Colorado Lic. Real Estate agent acting as a principal in this transaction. 2. This contract is conditional upon purchaser being able to divide this property into three parcels and being able to build two homes on two of those parcels thru Weld County. If this -can not be accomplished this contract shall become null and void. 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before p:'11 I S , 19 81 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 7. /1 i I �'l�'u"-'%� •' Y Ci1'W'/� -t�( O2 • ' 1/4 Broker Moore Realty, Inc. Purchaser / Date - 7 i-Ir • • .��' Purchaser Dale Purchasers Address — +- (The following section to be completed by Seller and Listing Agent) 23.Seller accepts the above proposal this?—day of_r '/'iA .19 t d ,and agrees to pay a commission of '1 %of the purchase price for services in this transaction.and agrees that,in the event of forfeiture of payments and things of value received hereunder.such payments and things of value shall be divided between listing broker and Seller, one-half thereof to said broker. but not to exceed the commission, and the balance to Seller. Seiler Seller Seller's Address -Cr- CA /G/ /l.Fr /�'r" =�r� • r, •:rat /-A{i ( ','t, /' T 7//1 ! Listing Broker's Name and Address .n7 PenR-86 4/86 Page 2 of 2 P8G ° ,t:HRIST »- .Adden, ,n . • 6.R-DAY •SAINTS This is c legally binding document. ,. - If not understood, seek competent advice. Purchaser: • Seller: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter—day Saints a Utah corporation sole The Real Estate Purchase Agreement dated Bell. ,` , t'1&b coverage insurance secured for the property in the amount of$ and submi:!etl by t:our:: I.Jill t y, Inc. (not less than the unpaid balance), it one or more buildings are located on the as Purchaser to Corporation of The Presiding Bishop of the Church of Jesus properly,and if the terms involve credit payments to Seller.The policy shall be Christ of Latter-day Saints,a Utah corporation sole,as Seller,for the purchase subject to the approval of Seller, and shall provide that Seller shall receive ten of the properh5 located in the city of Coun of t.k[kU t 1 c (10)days written notice of cancellation of the policy for any reason. Seller shall b , state of - or-au r, be listed as"mortgagee"or"additional insured"on the insurance binder and and known as: y insurancepolicyexactly 54J2 {raid CL :ct, i1 as follows: Corporation of The Presiding Bishop of The Church of Jesus Christ of Latter-day Saints is hereby modified and amended as follows: a Utah corporation sole 50 East North Temple Street i)/A 1.If the sale involves credit payments, a late charge of 5%of each payment shall bepaid if payments y Salt p Lake tCity, Utert 8Num are received more than ten(10)days late, Attention: Finance Department. Property Number and the property will not be transferred or sold without Seller's written consent B. Purchaser declares that the property has been personally inspected, as per the terms of Seller's non—assumption agreement. and the same is being N,/t, 2.A credit sale is subject to the approval representationpurchased upon personal bSeller,examination or Seller's l and judgment as to its I of Purchaser's financial and not through any made by or agent,as to i statement,which shell be submitted with this addendum. location,value, future value. income therefrom, type or condition of 3.The property shall be conveyed by special warranty deed to Purchaser, improvements of construction.or as to its production. Purchaser will accept the with title vested as follows: property'as is",unless otherwise noted.•)arid Schwind Title shall be subject to current taxes and assessments, reservations, easements, rights of way,covenants,restrictions,liens,and encumbrances of 9.All risk of loss and destruction lbeh of he and improvements,the and all record or apparent on the property.Seller shall retain all oil,gas,mineral and expenses and insurance, shall be the responsibility of Seller until either the geothermal rights.ThiSa Nghte>shaAanclffide-lhe*i'tN ofiligresa and egress l06 date of closing or the date of possession.whichever first occurs,at which time earns 1f the:property Eollla inkkcess,a five(5):acres. If Seller retains all such risks shall pass to Purchaser. ownership of immediately adjoining property, restrictions shall be placed in the 10.Should Purchaser fail to perform according to the Agreement,the deed to Purchaser indicating that no alcoholic beverages or intoxicating liquor earnest money shall, at the option of Seller, be retained by Seller as liquidated shall be manufactured, kept for sate,or sold on the conveyed premises,nor and agreed damages. shall a place of public entertainment or amusement be operated on the 11.Declaration of Intent:Purchaser declares that, as of the time of • conveyed premises,nor shall a nuisance or offensive activity be permitted purchase,the property is intended to be used in one of the following ways which is an annoyance or nuisnance to the Church or private dwellings located (initial one). nearby.Seller shall also retain water rights pertaining to the property unless ---(a)Personal, family;household.or agricultural purposes. otherwise,noted: n -X--(b)For commercial. business,or other investment purposes. t I water ri D h t s to pass t., f:Iu lie r This statement of intent is requested in order to comply with the 4.Closing expenses shall be paid as follows: appropriate federal disclosure regulations at the time of closing. It no way Sef t ur payi,i P customary Fees limits future use of the properly should the intent change. !'nT-Ch a,er paying Cl15tO11'ary te05 N7,i)2. If credit sale terms involve a second(or third)mortgage or second(or 5.The closing date shall be on or before MaV 1 5 . 19 i8 third)deed of trust on Buyer's principal residence, three(3)days will be and the date of possession shall be on or before flay 1 b , 19 S�9 allowed,after closing and before recording,for Buyer to recind the transaction. 6.This sale requires approval by the Seller's Appropriations Committee by This is a requirement of federal law. F o!' 1 `3, 1.,:'}p (date).All documents are to have the approval of 13.Additional Provisions: ' -' Yn Seller's Office of Legal Counsel.Should said approvals be delayed.30 days of F tt3'Li.i i9.51-i •t w1'.t G j•i e;: ;:.;'.•>,.•. t,f•�7,liy�r worn l• ;{T`A, - -1 additional time shall be allowed for closing and possession. 1 I - . N/A 7.At closing.Purchaser shall provide evidence of fire and extended I Purchase Seller Purchaser.signature' , / / Date Church Real Estate Representative it tr r - r Date Purchaser signature / / Date Final A• / pproval (as per paragraph 6) Purchaser signature Corporation of the Presiding Bishop of the Church Date of Jesus Christ of Latter—day Saints, a Utah corporation sole Purchaser signature Date Authorized Agent's signature Date Rsottlpt I acknowledge receipt of the final copy of the • foregoing agreement bearing all signatures: Purchaser Seller Church Real Estate Representative Date Seller signature Date Memorandum re: Realtor's Commission Agency Commission II , %I; $ FMRE1391 11/82 Printed in USA 880903 a Y1 'x,�ay1LG.c{e A .„ ,,,,, ,py . dC Z T �e: 'T.rietd e,�1 r�Gtn�-' ".n.yF J'"l_...:C".;ak erW .F eW r',�U'=�iT�'., N-t- _t/ e.1....../.ice.. ..«., , w.:. ..... a • • REFERRAL LIST APPLICANT: David Schwind CASE NUMBER: RE-1106 SENT REFERRALS OUT: July 7, 1988 REFERRALS TO BE RECEIVED BY: July 21, 1988 NO SR NR NO SR NR County Attorney / V/ X Weld County Health Dept. ✓ X Engineering Department County Extension Agent / X Town of Mead J c/o Bertina Willden P.O. Box 217 Mead, CO 80542 _ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 _ State Highway Department P.O. Box 850 Greeley, CO 80632 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Lox 363 Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response 880993 DEPARIC _NT OF PLANNING SERVICES (` PHONE(303)356-4000 EXT.4400 915 101h STREET 4144 GREELEY,COLORADO 80631 C• CASE NUMBER RE-11O6 COLORADO • July 7, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from David Schwind for a recorded exemption. The parcel of land is described as part of the NW} of Section 13, T3N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Mead; south of Weld County Road 34 and west of Weld County Road 13. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 21, 1988, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. of��'77 Yv 2. We do not have a Comprehensive Plan, but we feel this request to. c_ (is/is not) compatible with the interests of our k_SCJ town for the following reasons: rr"n a O 3. We have reviewed the proposal and find no conflicts with our :^ l interests. c 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed / alitt„ Agency: 42-0.."..._/_4411.4,c-9 Date: 7 • 1 • 41 8809(11'3 C.11(\• 1 lLj 1 tL ✓V- • DEPARTI NT OF PLANNING SERVICES (VIM PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C• CASE NUMBER RE-1106 COLORADO July 7, 1988 TO WHOM IT MAY CONCERN: Enclosed is au application from David Schwind for a recorded exemption. The parcel of land is described as part of the NW} of Section 13, T3N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Mead; south of Weld County Road 34 and west of Weld County Road 13. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 21, 1988, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request C ;17.1_ (is/is not) compatible with the interests of our town for the following reasons: An gc 5 co co We have reviewed the proposal and find no conflicts with our interests. C::::::� A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to theenclosed letter. Signed: / Agency: Date: 88083 44(tin MEMORAnDUM � � �• Weld County Planning July 13, 1988 To oet — — Health Protection Services il) COLORADO From _ ---' Case Number: RE-1106 Name: Schwi .d, David Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation will be necessary prior to issuing the required septic permit on the existing system. oE1i 7 JUL 1 9 1988 [1 Weld Co. Planning CnmmissieD 88093 RECORDED EXEMPTION NO. 1207 13 - 2— RE 110 6 c)l< LEGAL DESCRIPTION "t °1 /^ ' That portion of the Northwest Quarter and the Southwest Quarter of Section 13, Township 3' North, Range 68 West of the 6th P.M. , Weld County, Colorado, more particularly described ." 'as follows: 'Considering the South line of the Northwest Quarter of said Section 13 as bearing South 89°54' 17" West and with all bearings contained herein relative thereto: ,. ' Beginning at the North Quarter corner of said Section 13; thence along the East line of the Northwest Quarter of said Section 13, South 00°40'59" West, 2647..91 feet to the Southeast corner of the Northwest Quarter of said Section 13; thence along the East line of the Southwest Quarter of said Section 13, South 00°40'59" West {Record North 00°40'27" East) , 45.49 feet; thence North 89°11 '01" West, 779.87 feet; thence North 00°29'27" East, 33°08 feet to the North line of the Southwest Quarter of said Section 13; thence along said North line, South 89°54' 17" West, 237.64 feet; thence North 33°14' 38" West, 194.67feet ' ' (Record N. 33°12'20" W,, , 194..92 feet) ; thence South83°58' 12" West (Record S. 83°55'59" W. ) , .206.72 feet; thence North 01°18'02" East, 2510.33 feet to the North line of the Northwest Quarter of said Section 13; thence along said North line, South89°56'23" East, 1304.58 feet to the point of beginning. The above described tract contains 80.00 Acres, more or less.. Subject to a County road right of way 30 feet of even width along the entire North side of the above described tract. Subject to any other rights of way or other easements as described by Instruments of ,Record or as now ,existing on said described tract. • SURVEYOR' S CERTIFICATE ti • F. I hereby certify that this plat was prepared by me and that the same is correct to the best of my knowledge and belief. a 11682 * . es 97 Registered Land Surveyor; Colo, Rego #11682 fa'r OF�O lt• 'We, the undersigned, being the sole owners in fee of the above described Pro ; do reby ubdivide the same as shown on the attached map. COUNTY COMMISSIONERS' CERTIFICATE TEE A COMPANYING P ,, FOR FILING. IS. ACCEPTED AND APPROVED ist CHAIRMAN OA&➢. plfll COMKISSIONERS ATTEST: I CO ,BY: P DATE /641 i' • ,r :i,., l 8t309n3 RtC0RDED.•EXEMP)TION NO. 12 " 7x13-2- REI1©6 - j t of the 6th M A PORTION OFYSEC. 13, .T3N, R68W of the 6th P.M., WELD COUNTY . , WELD COUNTY, COLO. S.89°56'23"r: 1304.58' T " 1J, lix Nr1� � w.%r %M.ie ��N'/�Cor.. 'Car. I .511 .93'' w 1141 792.65' ' !RN LOT A• AREA- 5.07 Acres en $ 5 V fop LOT B AREA- 74 . 93 Acres w SCALE-1"=300' DATE-June 8, 1988. -LEGEND- o-Pin set. to-Pin found. -n AREA co_ o v v ° 40T A-5e07)Acres r o o LOT B-74.93 Acres LLl :ex); TOTAL-80.OO Acres 5.23058,i2 ' •3N9A•61 N 8 f 3 8 - -' SE Cor. Mdb'" a S.1ineNWG E'/.Cor. N.iine SW'b S.89'54117"W. S.89°54'17"W. N.89°11 '01"W. 779.87 _237.64' o� 2670.43' eM CO.RD. 34 • 8 v> S'l. Cor. SITE 13 LOCATION MAP • 8 Scale-1"--2000' THCMAS RESERVOIR tie3®9n3 CO.RD. 32.. Hello