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Home My WebLink About851011.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 757 - PATRICK B. VOGL 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. 757 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 757 was submitted by Patrick B. Vogl for property which is located in part of the NE4 NEa, Section 6 , Township 2 North, Range 67 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 1 acre and 2 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is , exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the applicant submitting a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. 8 51 01 1 -tea` Page 2 RE: RE #757 - VOGL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D. , 1985 . :7111 �- BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, OLORADO Weld County Clerk and Recorder and Clerk to the Board u ine Joh on, Chairman BY:)-2 �yJ taD Gene R. ra ner, Pro-Tem Deputy County C EXCUSED APPROVED TO FORM: C.W. i Y C� La County Attorney So- it i Frank Yamagu i 851011 DEPARTMENT OF PLANNING SERVICES (` PHONE(303)356-4000 EXT. 4400 4115 torn STREET CREELEY,COLORADO 80631 11 ik. COLORADO May 29, 1985 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #RE-757 Dear Commissioners: This request for a recorded exemption is submitted by Patrick B. Vogl. The parcel of land on which this request is being made is described as Pt. NE' NE14 of Section 6, T2N, R67W of the 6th P.M. , Weld County, Colorado. The property is located approximately 21 miles north of Firestone on Weld County Road 15. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 1. 17 acres and 2.1.74 acres, more or less. Mr. Vogl proposes to create a homesite on the smaller Lot A. Mr. & Mrs. Bone, the property owners, will retain Lot P in itS present residential use. Based upon the submitted information and policies of the County, t:he Department of Planning Services staff recommends the request be approved for the following reasons: 1. The applicant has demonstrated in the submitted application materials that the request complies the submission requirements of Section 9-2 C. of the Weld County Subdivision Regulations. 2. The applicant has demonstrated in the submitted application materials that the standards and conditions of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. 851011 Board of County Commissioners May 29, 1985 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 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 9-2 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. Respectfully, Gloria V. Dunn Cur ent Planner 851011 FIELD CHECK FILING NUMBER: RE-757 DATE OF INSPECTION: May 23, 1985 NAME: Patrick B. Vogl. REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. NE1 NE1 of Section 6, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 211 miles north of Firestone, south of Weld County Road 26 and east of Weld County Road 13. LAND USE: N Union Pacific Railroad right-of-way, private road, farmland E Weld County Road 15, cropland S Residence, poultry farm W Union Pacific Railroad right-of-way, private road, farmland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Weld County Road 15, a gravel road. The proposed 1. 17 acre lot on the subject site has 1 residence, a shed, shop and many trees. The larger lot is vacant. There is not agricultural use of the land at the present time. Four residences are located within 1/4 mile. By: ^� Gloria . Dunn Curr Planner 851011 '�1 to 94)93 .tom Sp T / I ,. � rae�e • 4gi0 y _ _/ ' ' \ Zii a � _` �IL J\ Q `\ I ups` �� g 'i ':e, 4802 Vrai❑Soh �1 ' / ) P r...„_____„,tcr, I . : II oaUo� ' .� Pr� , 36 , k \\ I � 32 i o 33 �� (c/-‘-` 31 I LA,el , // II 809 .. BMI• c m—`_,.17__ ° 4tl/3 2. __. 4 II ‘ y e _ Y t_ __ 484O .. - s.. 48131 - '� _� 1 I r''''.. .--.-"" 1 //V///- IIII • 4,30 .�4 7- .. gm* .al A „ 8 49V? 4850- X '4i �� •� _ 1 ° _-: _ 900 C GrahRl PeS9S' 1^ 1 _ I Ill: 12, © 7 O 8 1 4400-s IIA 1 { s4rFle3 J ; II � i /sac f \ a9so'o �tci �I 0CJ I : \_ 1011 ;� I 1'4 / i (-- i 1 17 16O �� - os �, rt APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 1Oth Street , Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE AI'PL. 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: 20229-A PT NE4NE4 6 2 67 LYING E & S OF UP R/W EXC BEG SE COR OF NE4NE4 N88D56 W 518 . 12 TO E R/W LN OF UPRR N28D51 E 211 . 33 N88D56 E 416 . 13 S187 TO BEG AKA LOT-B RECORDED EXEMPT RE-179 EXC OG&M 1R . 36S TOTAL ACREAGE: 3 . 644 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No (2 acres in 1975) Is this parcel or land under consideration the total contig.'ous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Ira E . and Elsa Bone Address: 11843 Weld County Rd . 15 , Longmont , CO Phone: (303) 776-5074 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel water tap Smaller Parcel well TYPE OF SEWER: Larger Parcel septic systeigmaller Parcel septic system PROPOSED USE: Larger Parcel Residential Smaller Parcel Residential ACREAGE: Larger Parcel 2 . 474 acres Smaller Parcel 1 . 170 acres EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes 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 ) Si nature: Owner or Aut razed Agent uhscribed and sworn to before me this 1 day of /92251/ , 19 (SEAL) �Rcstary 'I uhlic ` 1 ' /% _ y C ission expires: 851011 LEGAL DESCRIPTION : 20229-A PT NE4NE4 6 2 67 LYING E & S OF UP R/W EXC BEG SE CUR OF NE4NE4 N88D56 W 518 . 12 TO E R/W LN OF UPRR N28D51 E 211 . 33 N88D56 E 416 . 13 S187 TO BEG AKA LOT-B RECORDED EXEMPT RE-179 EXC OG&M 1R . 36S Our proposal for a recorded exemption on the above described property , required prepared statements as follows : The portion of land under consideration is currently not being used by the owner , but is suitable for building a family dwelling as it has an established septic system and access to utilities and water . Our intentions as to the use of the land will be compatible with the nearby residence and consistent with the zone district in the respect that we desire a small acreage to build a permanant residence , grow a garden and raise livestock . As far as future development , the surrounding area consists of large farms or small acreages which will most likely remain this way . Our proposal to build on this acreage and our intended use complies with the orderly development of the existing zone . The property currently has an existing septic system which was formerly used by occupants having a mobile home set on the land and they used water from the owner ' s well . We have applied for a water tap through Central Weld and intend to use this as our water source . The property under consideration for a recorded exemption is not located in a flood plain , geological hazard , or Weld County Airport overlay district . We have every intention of complying with the adopted policies of the Weld County Comprehensive Plan and requirements of the Weld County Subdivision Regulations . //2 /f �� J/ G L/ 851011 _.�Pt __._. Scale. o I A/ e 1 -4�° / J _ �- • r''tCI1/ = .2 0' / Aa. 2 b I , WS. if A. t i \'''i • rP-I ' . :• � -• R. 47 ..v. - ,f • ,f� � 1 ' '-1'. / x/ • t� Via H • ,,,11 '' 1 '. j. / �i Q: * ' . s,_a IP f z i9b.1 . j \ . I , ` i 1 ,17 i' Ac j/ `i tt I n t r:1 151 ,, • irilletf/Af. �I c.• 1 ,� 1. i L 1 F �' E X i S f;PI`! _—._____._._ I S �} 1' f Le -�38 _ .-_ I - -. a I _J-1 G.1'C....?- '".? ,----4----1 _�__^4 1 i i Fr;44CplA 1-.•f! /.r•1! t 1:41^ra,4'mss 4 35 Lt. _ -- - '<r * i .tf qk, ._ ' 74 -) 4 rv, a 7 1----f' L 4 ..�._ rti. .? Y_ ' Ex;54,),' 1 , Y•k tat - .6.' ') ;it'• f'7 . O q • 'J _� 1 ' .2 ^, b• /?OA _-__ -- 1 .. f a Sa f.)i ) • �. Q`' ,)}' /// 6. _ ;i z o. O f -1 . _ _...../.._ • CERTIFICATE OF CONVEYANCES WELD COUNTY PLANNING COMMISSION STATE OF COLORADO) COUNTY OF WELD) THE SECURITY ABSTRACT COMPANY OF WELD COUNTY , 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 : All that part of the Northeast Quarter (NE1/4) of the Northeast Quarter (NE1/4) of Section Six (6) , in Township Two (2) North, of Range Sixty-seven (67) west, lying east and south of the Union Pacific railraod right of way also known as Lot A of Recorded Exemption No. 1311-6-1-RE179 recorded July 18, 1975 in Book 743 under Reception No. 1665328 CONVEYANCES ( if none appear , so state ) : RECEPTION i NONE , BOOK RECEPTION # , BOOK RECEPTION N , BOOK RECEPTION N , BOOK RECEPTION N , BOOK RECEPTION N , BOOK RECEPTION N , BOOK RECEPTION N , BOOK This Certificate is made for the use and benefit of the Planning Commission of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title , nor an opinion of Title , nor a guarantee Title , and the liability of Security Abstract Company of Weld County is hereby limited to the amount of the fee paid for this Certificate . In Witness Whereof , The Security Abstract Company of Weld County has caused this certificate to be signed by its proper officer this 26th day of April, A. D. 19 85 , at 7 : 45 A. M. O ' clock . SECURITY ABSTRACT COMPANY OF WELD COUNTY BY , vRi �l1.�i/'9 r7x `( AUTHORIZED /SIGNATURE 851011 • r,r„ rr� b ` Q m 1.,.. p L ` axyy Il ,,lp ,o;-.. , , e e }=_.. . ,,,,-„„,_ a " Rwrorpe �b6 cluck Jul_ 81975 f . d of ,�. .. _ o' �✓ ;u f 1665328 { d. + '743 • 71rI ° flr r I -_i . p fiit*Or" n� , ViCiNITY UAP '.4 r' ' Y� �„ xtpp r , R 144 `kT r +y/.'d 1,75'�' "ehS J n ' % {' �; ' ./ '"ph'yyykyyy�ggqc. �� y. + ;4'5' ,‘ y1' * i,,,„ ra. * 4 �'�,' � i1� - a z ta: :r . ti .16 i 4 Fh .1 n s r-i- rY, y,. ` e its. fa „ .fin". on < ;. Y 'lb`h, ` "4' `set to tkge 95re! ki C x i s ,Oft ' w1d, atR..'i]j,ce+li. v !, r ro / ,tT tYt ACC4T t u) - 4'4i' a � � �.. ,`Of t •1Seac• ;l .ne. , r a s� ;:,wc � .:., % '+' 'S c feet were or Thee tote Q " 1 act 'point. of bedrfliei. s-ui+'.ect 'to K-l=aPs.s'w. '�,=w m,.c'' ks' '' -an. sictroefrie -osseete or Tightl{ SCALE: 1t2a0 of wave- / y TRhLT - ! '� x ooh rc_ m O 4S° ` We er ' P' Lea Bone, be ,:.ae tom_-role / «_e�'se"x e>< iF T"r� 1 M. v: Nt. I/4 co,. -. I r+' owners Yn itos 0f the "hove Y',; dsecribed 9roPerrr' do hea'at�" 7- k� divide the etas at *bore on thiews t E_1F4 COP •k Tty' r c +sue u..rcaa.a++r*r,d rote we rAe lit' 'P. Bye 044 'l lair a wytm�tsar ' h1 o ' ` a 4' a''4, ,�A *Th 4 '¢ F '. �ri �df -0 i tl 1[G1 , 1 t �; Ag�pV�W.,— � � , r ec ( !� ... alise : . a n�'Iv� )F��I�. �Y'�R' lAt@4W�rm+,w s.00+.�v�,r.a„ ..a ;..:.,:—.....--4_,, �.wi�➢� � ,,,., � ., • • �` K' "tt, ,III“ £ IN Ic r J} wye :M yt III/Iy Xyy,.y y, ' ! 1 ., m '-',,,:t.,..-:4.0',- atm.(' !ad!=1 A.0-t. k p �.., n w. 4 k 1 j y1Sl� �_ I - IFr.•'i a r^ Y .r F� E 111!1. t�.4,4 s�' �l ti,t,' n Isxe "``5 edMsia+!2adred he3'ore si.t"9 s. "Ek1M .fir.; u i1 +3rS ; J. 147 . A c ll r -. ,' I,hdea se ttfy that this. starves wax mxmsert laa.'7ca ev soves'.ieisse' sea, a' r' 'by ` ,to a'bileR of es knawl,Sa. x:.�- r � 6• 3,,_ II '��u%tt}Giaxt1' 1 - ci:. . Oa R" ,:S. 2152 I �I! a t'OOrye {if1T1 RF Dot i! aCCx'Fkld O)W 6D1%M11^d for f11711L. 'r,'� ,per, y- 1, V h,y•"`�t �7g ''Alpo'$�tbdtiE�1"�'".e��`.� J�� , '`. r F 1 , 1' ,' County Coeeiexiaterss - .,,,,,... T M ti ITC . w i� �atxd �IRP t�4nh fi rVfb?� x 1i ,..1%, Ft Ol F$eSv se"k. : 1 1i ° B o oni, Cola, to a, $ u ? ; „ ' '''_''''''').:•4•41 , n. (y, m �' 1 s s - 1 -iip ,^ 31 �� ,r r a ,St't, . M aeFx ki v na a 7.Lr LE-CC Ita I ti c 1 ,,,, , ,, 0/. 4 ,a . w 9 , , fx6° s - - l,-E 9 t i T cr ��95" +� a1#'' '�� CI 4, t ens "-'>E � i ;KI Ac ri °xr ! ,.w ba a}R'?�o� e P'. & rti .. x x •«� t d ' 1yT 11-,,„ X41 r i dl 'e IF d �i - 4 . .�( f 42 + v''J`= cli 'f c.". ,4cc.C,:; 4� " ..." :::t4 ,V; urn t„$ I � k • +r II5--, ln'-� .}u 1 ,-",4 ,f'; rt } Ny 0,: 31J ,,,17,.'",1-,;,.,,,e; .h� '.,° r a `t ltNt -, '�'x" ,,, t rLOML. .%t^F� y s F� �c`•70`Y^R�r �t' 4i.r"illfi '�l i 3 :1i ,t, "'t I c, i i):I. �p -pe r' t'�remlf 4gFr'� �t b 7, ^'pri" r„ A 'fir .� r ' "�r it, a iltli s t .rir s�+' ',k°^I` , n w€,.��im�"' w �,.q.. la�'y✓�r � wf k�h -.,Ir. 4 F.,a' n yl- � ."ti ��,a .,m,„ .: Y • • u"p n '1 1 � i y as � r! �� v A ,,,,, ,',:;*.t.„ ]]l � '� `av M1I any �ry ".;:' M t z M zYF �.," & . "•;,'":41'••,;$ t t yy i;T sand Stab a Colorador p r f talSI' DOLLARS. 4 M tali M1kWe*mg WMra�b Bedlam lilt lit at SOS kill, 1 as. oma.d Weld ,ma maul et odn.M,me leknobe/W 1•tmmM.W.1 Ys °Mot,se Weld, sad Stab at Coked;tomtits S All that part of the northeast quarter (181/4) of the norheset quarter (NE; I of section six (6), a , flimsy .,o • .' a :ail,. ‘ of xt y-seven t • th, .,st : a ^cn Pacific railroad r,t 1. .. r r , c+ ry t ,„ nri ,n 4 , to the 1 grantor all oil, gas and other minerals underlying said premises; ..1 1 nit mil m,.n.e.r.,as nnas 5. au.to tin sameonaj«t,to any lien of the 1958 taxes and right of ray for county road, and oil and gas lease of record. g sy. 4sddrletelth. 21st trot Witch „LAM s ,tau 58. a sr pas•f l F.xW.7G..e.._ +6+Slfel:Z'.'.__tsBKl . • cssu) agliodt Eottlder, 1•' R.leapt*taaa.aenf.was«an.t.dred before m.nen 21st day of March, 1t rfsP` •dr CARL A nlifiL NaleSON. .Pi in as p sal. 9 adlat '1 Y. .. P 'i,� K 1 =OM April. 29tn, LVS&1 <.c' r f° eel hotel ., see tl Md a ` e- 651011 t may' trA�ciya a came.` e.rrl tlY t=at (f b P �e Ins---17,-T.74,..--..—.=.,.,ieofdemoM N m ^! ,,..H.t �.me.ema*(�rvxr ee eewotl tpntem•ra t atliv�r: et Gwratim, a a..e• T'""4' +iF'+ ; tk'pp.•.MYw an'timer*. {.a yr.rWrol et Yrr olttwn at eve*eer}er+laq WWI , a , Na MT.Nyltdatl MM^.w. 5 ►««,.snsron.Yat..,.Pc.os.eft w.w.•e t...t maul,Anal'..'a.mm.en dsn o . 1 The printed portions of thin form approved by the Colorado Real Estate Commission(SC 27.2.811 THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) May 1 . _,19 85 1. The undersigned agent hereby acknowledges having received from Patrick R . and I)e ho rah_$, Vogl the sum of$ 100 . 00 ,in the form of chPt1�__ ,to be held by Tra R and Elsa Bone Xaxatoexitatt taeataceenximaxDsxfDcamissarx, as earnest money and part payment for the following described real estate in the County of Weld ,Colorado,to wit: IA tract of ground containing 2 . 4 acres , more or less , in the NE 1 ;of the 14 of Section 6 , Township 2 North , Range 67 West of the ' 6th P .M. Weld County , Colorado , subject to existing reservations . together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures•of 'i�i j a permanent nature currently on the premises except as hereinafter provided,in their present condition,ordinary Iwear and tear excepted, and hereinafter called the Property. 2. The undersignedperson(s) Patrick B . and Deborah R . Vogl - (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.$ 1,000 per acrepayable as follows:$1 00.00 hereby receipted for; and $100.00 Dollars per month, plus 10 percent interest per annum. Exact purchase price is to be based upon a proper survey , at Buyers expense , which will be completed at a later date contingent upon paragraph 19 . Buyer additionally agrees to pay any additional fees and costs in connection with this purchase . /Uonth/t/ fnsta!/megt& H tc eennyie,nee {hfieco/.fr� -the e/osir� as proveded in /ureic/rood? /o and dontin�yyent o4 /Oaroi�yrEph /9, Payrnenls are due on Wet /st o{"th& month an�^eontinue, uhr'7/ 4a/a„ee. Is paid ih fa//, OTCe ipareltasa,rie.e h4s beers esth4o//s%e</ o f ameritiza7Lio,t schedule skeuliny intJJ-es*Qildjni-7,2&J,aa/ bi-eakdowii shot// he M/he scut. 4. Price to include: IIIIimmillsapies and the following water rights: 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before-- 19__,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$ -- and(2)an interest rate not to exceed -- %per annum.If the loan to be assumed has provisions for a shared equity or variable 1 interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such I provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such ' consent without change in the terms and conditions of such loan except as herein provided. ' 7. If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not II, be assignable by Purchaser without written consent of Seller. 8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by P u r c h a S e r 851011 No.SC 27-2-81.Contract to Buy and Sell Real Estate(Vacant Land) /nom Bradford Publishing Co.,5825W.6th Ave.,Lakewood,Colorado 80214-1303)233-6900-- 142\\S'% 9. 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 May 7 ,193_52.If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11.The hour and place of closing shall be as designated by Seller 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient _ warranty deed to Purchaser on June 1 , 19 85 ,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 signature hereon,whether assessed or not;free and clear of all liens and encumbrances except Non e except the following restrictive covenants which do not contain a right of reverter: ail and except the following specific recorded and/or apparent easements: and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s) 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 defect(s) 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 before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and—_— shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on or before June 6 , 19 8 5 , subject to provisions in paragraph 19 . subject to the following leases or tenancies: none 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed,Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (a) 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 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 which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 18. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys'fees. 851011 19. Additional provisions: Purchaser and Seller hereby agree that this Contract is contingent upon the approval of the Weld County Board of Commissioners of an Application for Recorded Exemption . If this Application for Recorded Exemption is not approved this Contract shall be null and void . .T>F t/ /S Contract /3 0/ due -f-c a /QC 0 ' 1/? Q47rei trn /n c�ee%rP� i�a// d-rrd v mil' k �_ t a6,,! Q,p,,��rova/� a// pa'/in& tS f dud f-h//2qqs o va/ae reee;ve-' /Tereande/- .c/w// be re,'-11., 'to Pal—Maser, 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before May 1 , 19_8_5_, 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. J S/i/ Purchaser a trick B . V Vt' ate xeaae9exx 931 SP/D: Purchaser De oraX R. ogl Date Purchaser's Address 3643 Weld County Road 6 , Erie , Colorado 80516 ab¢s[aitaacixgcouttoxaaAacatanitgnidcDpSiMichrrY ltifirg Yiif) >Mix8ethummae ixmtegbroiaxprxpoxataaascxxxxxiIvaxxxxxxxxxxxxxxxxxxxxxxAgcxxIit airelcslc )tacpax x aIDAWx36boxcob-v v vY v Y v Yv XX%70SCUL1CC MAX o ose7pAaYJfocneWxixouirxtbbist axaaxti0xxt7a(*ewceexoimM iD -the-event at-farte.Ui ne-ot payments-end lbi nrese Paving xeceived-he>;ewrute rr rue paymewtw and-t144.gs-ot-value-6bail__ -6a diuided-b Wavaenliatingbrokeran d-SelJ er,.(w e-h al CW sruof to-said brokw•rlw trot tw exceed2 Mu:wm m iasionraral she- ' -balance to-Salley.- ' tCn Seller Ira 1; . Bone Seller saaBone Seller's Address 11843 Weld County Road 15 , Longmont , Colorado 80501 �I!'', }[Xe&MOW6Neli4i4>{d4exa RIA&iF24 --- it 851011 aRT4 CENTRAL WELD COUNTY WATER DISTRICT May 1, 1985 Patrick B. Vogl 3643 Weld Co. Rd. 6 Erie, CO 80516 RE : Water Service Dear Mr. Vogl: This letter is in response to your request for water service to serve the following described property : 20229-A Pt NE4NE4 6 2 67 Lying E & S of UP R/W Exc Beg SE Cor of NE4NE4 N88D56 W 518. 12 to E R/W In of UPRR N28D51 E 211.33 N88D56 E 416. 13 S187 to Beg Aka Lot-B Recorded Exempt RE-179 Exc OG&M 1R . 36s 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 , CENTRAL WELD COUNTY WATER DISTRICT /- Lorene G . Hirsch Office Manager LGH/wmg Sa1O11 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhauaen,Secretary-Manager RECORDED EXEMPTION NO. 1311 - 3- 1 - RE 757 A portion of the Northeast Quarter / ' of Section 6, Township 2 North, f • Range 67 West of the 6th P. M. , 1 Weld County, Colorado. 0 q I., to o- •t; ry 0 0� -to r co V� M SOP r -4 ,AREA - Tr La Q. 1.212 ACRE z • V - .4 - J SCALE 1"-100' k' > LOT A d Li; Ix June 14, 1985 Cry `" P a -LEGEND- Q �� e u ep,.-Pin found. N.9060010011W. 2.4141" 3 o-1/2" pin & cap sett, a . C o LC)T A-1. 212 Acre . M LOT B-2.431 Acre TOTAL-3.643 Acre AREA - a a 4' �4/ 2.431 ACRES it; ry� 47 N M W O mh LOT B o v o e' O 0 O S.LINE -TR.A - REC.EXEMPT. 1311.6.1- RE 17 N.88" 56'45"W. 416*" -4* M N NO In • E 1 /4 COR. SEC.6 ' . CO.RO. AG / _. ;. / £ SITE N et �; o y l. t t' ��O LOCATION MAP ? Scale-1"=2000' o a= CO.go, aff 851011 Sheet 1 of 2 / ;e RECORDED EXEMPTION NO. 1311 - 3 - 1 - RE 757 LEGAL DESCRIPTION �cirs �� 4' -'r s That portion of the northeast Quarter of Section 6, Township 2 North, Range 67 West of the 6th P. M. , Weld County_, Colorado more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 6 as bearing South 00'00'00" East and with all bearings contained herein relative thereto; Beginning at the Southeast corner of that certain tract of land being Tract-A of Recorded Exemption No. 1311-6-1-RE179, records of said Weld County, said corner being on the East line of the Northeast Quarter of said Section 6 from which the East Quarter corner of said Section 6 bears South 00 00'00" East, 1525. 34 feet;thence along the South line of said Tract-A, North 88' 56'45" West, 416. 00 feet to the Easterly right of way line of the Union Pacific Railroad; thence along said Easterly line, North 28_ 50'21" East, 862.29 feet to said East line of the Northeast Quarter of Section 6; thence along said East line, South 00 00'00" East, 763.00 feet to the point of beginning. The above described tract contains 3. 643 Acres, more or less. Subject to a County Road right of way 30 feet of even width along the entire East 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. _ Gam- d, g 0044110 ALLEN L. ROy1ER11682 {;t X16$2 a}3 4�0 OF Os 'We, being the undersigned, being the sole • = in fee of the above described property do hereby subdivide the same as shown on the attached map. 4,/jam nerre44IRA E. BONE The foregoi certification was acknowle ed befor me We day of.J `e-- A.D. , 198 . My commission`exxpiires b— L9 gO Notary public: \I ` -- �� Witness my hand and seal —�- i� 11 ` The accompanying, lat i cep ad approved for filing. CHAIRMAN THE BOA* F C6'l ' COMMISSIdl3ERS. ATTEST: County Clerk. By. Date • pit t 851011 o Sheet 2 of 2 Hello