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O '43.• :me zaco.�lezSa- , ��I11,,.:-ry J JJJ � • s L...:=.:.:r.� =•,..r,Gas: :rr-ti=:*.Qa+••,.rm�.�•++>_,.�-,r. ;.T— ;,.:1..�,74.:..�� T_rr..:_s-- n. .•. ,.,.. ,o,.:-....:m RIZ;b sav: .._..F:.._:. .'-,._ Te r...t:....._.,..,1._.,..,.._.v. n:..,..,,•.>j....:_r...,_.. . .•.-r- _ etync.: -rx...m,r.—...romo.•}�._.,..:.. =u.- _._..a. .. , — zR {�' T`^a-7• -----__._.._._. :_:. _.:...:_.:f._ Y >__..`� .._�.... ..auvr.r.�.r_.__,� v__.__-"..=.a.. ....__.__�maa-m ... v-�r�r ;_-r-_ ._._ :...-r--- ._... .,.._..._........ ._.��....,� 1,...A. ti.. i RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1463 - GIBBS 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. 1463, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1463 was submitted by Fred 0. Gibbs for property which is located in part of the NiSEt of Section 4, Township 6 North, Range 66 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 76 and 4 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, "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1. The applicants 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 prepared in accordance with the requirements of Section 9-2C. (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. The applicant shall be responsible for paying the recording fees. 2. The recorded exemption plat shall show a fifty (50) foot right-of- way reservation west from the centerline of Weld County Road 31. 3. A Weld County septic permit is required for the proposed homes and the septic systems shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) Regulations. An Individual Sewage Disposal System must be located at least 100 feet from any well. 4. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 921180 RECORDED EXEMPTION NO. 1463 - GIBBS PAGE 2 5. The following note shall be placed on the recorded exemption plat, prior to recording: A Flood Hazard Development Permit shall be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1992. ff ,��,"�', t; BOARD OF COUNTY COMMISSIONERS ATTEST: �G.' '�I 4/Wallet- WELD COUNTY, COLORAD Weld County Clerk to the Board NAY BY: S'�"� pppp/�� LTh /Geee rge Ke edy, C�atrrm POD_ C O�Y�T Qc -‘75 -4ZAYE) Deputy Jerk to the Board Constance L. Harbert, Pro-Tem APPROVED AS FORM: AYE C. . Ki AYE County Attorney Gor, ac AYE W. H. Webster 921180 CONDITIONS OF APPROVAL RE-1463 Fred 0. Gibbs 1. The applicants 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 prepared 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. The applicant shall be responsible for paying the recording fees. 2. The recorded exemption plat shall show a fifty (50) foot right-of-way reservation west from the centerline of Weld County Road 31. 3. A Weld County septic permit is required for the proposed homes and the septic systems shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) Regulations. An Individual Sewage Disposal System must be located at least 100 feet from any well. 4. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 5. The following note shall be placed on the recorded exemption plat, prior to recording: A Flood Hazard Development Permit shall be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. rs /co: DEPARTMENT OF PLANNING SERVICES Ile PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES W I 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO December 16, 1992 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemptions 1463 and 1464 Dear Commissioners: These requests for recorded exemptions are submitted by Fred 0. Gibbs. The parcels of land are described as the north half of the southeast quarter and the south half of the southeast quarter of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. The properties are located west of Weld County Road 31, north of Weld County Road 72. The requests are to divide two 80 acre parcels into 76 and 4 acres, more or less, and 77 and 3 acres, more or less. These parcels are the total contiguous land holdings of the applicant. North Weld County Water District currently serves the existing house and can serve any newly created lots. Sewage disposal is proposed as septic systems. The City of Greeley has no objections to these requests, but has asked for a fifty-foot right-of-way dedication on each adjacent road. The staff has concerns that the proposed divisions will be inconsistent with efficient and orderly development. As shown on the attached aerial photographs, the level of development in this area and the potential for continued divisions may evade the intent of the Weld County Subdivision Regulations. Nine parcels of land already exist in this half-section. The smaller parcels of ground north of the parcels in question were created prior to the adoption of subdivision regulations in 1972. The configuration of these lots on the county road constitutes a linear subdivision. The approval of the applications for recorded exemptions will create additional accesses onto Weld County Road 31 and will increase the density of the linear subdivision, which may increase service demands. Increased residential development in rural areas requires more urban- type services such as road maintenance, snow removal, utilities, sheriff and fire protection, and school busing. 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) of the Weld County Subdivision Regulations have been met. Sincerely, 1 J. Swanson Current Planner 921180 SOW r a .. e °�° L.MN x° (/I\ -A-7- ••e1•++ III!!!%%%,a •/+,_ • ; 1:11 ' 7 'fil1 � , \`�\\ ,�_ _ � — 9. .. a •° SAL Mt hatt 76 3 °'� lQ • ca • eEF1 {WN�EST • E�NNIIN• • 1 'o Inx o •® wet !• , ^ , • \ °• ipignal.11�tith,� •••ee� .SEVEP4 x T• • e ! •i" ,��'. ,1 •1. 1•74. .. . I. ! nipi °R. go .. 33§rr i\ I• a `,, a \-'!b'� a IM ---:- 1-1•-_•- _ T a to g. _ ..,n .. A: •i: b---,.., i iili 111N a' .l} 68 T 6 ..... psi i.. . .3 �N ir.., ••`!e rn �•�• °•® °° IID •• I ! S ay E� LUCERNE s ° ! ffr. 2.0iNat stiriSOU II Ugh drill\\C T rine �' at `�ne r`p� ! —ten . �� • _.��1 62... • w Ir., 1O1. ..O ia. % 141:11,M.. iii60. . . . ' _ �_° • ° - •. y°,L .-'ii,flt• ' l i'rat: r .—, .e . . tz-rr`` ��• --1 1• OEP1 CI I 'I •e1,1°e _ i I°.,r,a 5.0 a L p J ; •_ • ..• °i•_ _ 58 .x°,TtRwp • •O T o 56. . . . •'+r'' 'i 1 1 . alitis*' a k� 1 yam I+/ T5N <: { re., . „?: i4P !� vai az•Or is .x• ! n I �'`L3t •I, tizzona %i 54. — , ate. ° I ' • EvoNs.': a52 • . . . - . 46 �� f • - .. I. !• a I 9 ; ® !•1 1 11}..et • . . ' ,„ Lme �dtdja UP. I fir61 Correction I II�`� lailli In Ski- 3 ' ' , I` ��e ,'.EST"J CI; CO •® -unl n e0 b' ciFic IANNSTPNN �!• • �� 1 •lit_ e r CP..ctl a I r Is 1 �•im, "Fir'._.11 wt. .aMb; .. rin: n ei• ...cam Jtit: :i . ' • �� •• w!1'! ' I e E •••IM F '99A.GILCREST•;,• n° r :e .. .E54a •!•ei" - • , u =! T 1�:1 :! _'-I _E°f I 01. er°re•x 6e6 !1 _A. G°l i \\ <,‘,:� j ? � c- \ _ 1wasrF nip _._ ,� .� - I 33 �°° Angel i -i_. I ry l,A Lake .1 , - (I A a � ,.�� z - I /� l - =a 1 Woods Laze s.,4 _�� _ Jr 4 Y5B 6 = R69 . m V „�J, j o l _ ll 0 \ • V \t`- a ..�. tl ... 1 46 I\j e 4860)1� U J 4 1 n O , ° ( 4804 ° '..--t:-.,'..--t:-., _`. __ °_ I 4773 - 4827 • 0 A ; a °6 .1111 /(�\\ � 82° \ l'' \--,-/C '', PI> ) , 2 " VVVJJJ I /\1t 15 I --co - •� Kc}r b �Y q�! 4»O_ 4764 _ ./ �- - e � lY 4j t. O .� 5 t k v' o� 1 �'f �� •�L • 4]64 4752 ,* Well ® o c (\� • 'P Hog¢� 4 ': d 'R�',. ., � 1 iue.k..i Reservoir • • I t' 30 :. t1 ! gig; • 'r'r.t Y ` L...... r • - -."•'• • 9Lt 88 fiF•1 R Y ;Y 3d5 Y'. : . .. .. s, • Ff hi.F ,,,��jjjµyy • 4.;' . • - x ' Sit:i R . y •ZYa rt- K -: s.. W rs , t. a• • ,3 • ixt.Y. _ x , e Z �, F o- •VII ' 'Eay�qg c • > Se?i is>S k<'H -1.41ay... {If„ .Y • s Fv Y.- T S .p . , r 9 . 80 FIELD CHECK FILING NUMBER: RE-1463 DATE OF INSPECTION: November 30, 1992 APPLICANT' S NAME: Fred 0. Gibbs REQUEST: Recorded Exemption LEGAL DESCRIPTION: N2 SE4 of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Weld County Road 31, approximately .25 miles north of Weld County Road 72. LAND USE: N Rural residences. E Weld County Road 31, agricultural production. S Agricultural production, 1 residence. W Agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Weld County Road 31, a paved County road. The property slopes slightly to the south. The property has been in corn. _ ur ent P}�n3��r 921130 ADMINISTRATIVE REVIEW FLOW SHEET CASE # / L . / qcc 3 APPLICANT : . "4 ,- i ,1 1, �,_ e-� .,a, REQUEST : 'XI: L, C - LEGAL : pl. ,), 5C- /-/ / - cc G- G' LOCATION : ` .ed2 - gk/-, ; ti' C +� ) - , p ' , � .3l r �, .t., LO .y Y�CPZ .L. _i.�-L . lt. •� i< �/ tl� 7e.G—i v. 0 Date By Application received / / / 2, c� .� Application complete // -/.C--:' - c7 ,) __A7-2c _ Letter to applicant drafted t / - / `i -.: _-L a-_ Ref errals listed / / -/ `L.? __ .& ... File assembled // _ I q - 9ad ~-p , Letter to applicant mailed /I-19-9a0 - ^p Referrals mailed II _19-9 � % ' Chaindexed II- O9 9a. DPS recommendation drafted /c)-- 43 9 -1 -OJ Administrative Review decision : 0/2. \ �a _ / L - 9i1 ...1.2.2 History card completed / / C i� ` l l ``' 4Ce, j �i COMMISSIONERS ' HEARING DATE : iiorr,. , f,e., /4, /j9�;(, Date By t Air photo and maps prepared / 2, f0 -q2 Field check by DPS staff CC Action : w tt / / e ) z� CC resolution received History card completed Recorded on maps and /or filed 2 22 G 3 ) Pr APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 N0V 1 v 1992 Department of Planning Services, 915 10th Street, Greeley do 80631 Weld CauMYPIa n igq FOR PLANNING DEPARTMENT USE ONLY: N Do APPL. FEE / . CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. I X'S 51 DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (h/eh , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: North One-Half of the Southeast One-Quarter (N+SE*) of Section 4, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado TOTAL ACREAGE: 80 + Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No x FEE OWNERS OF PROPERTY: Name: Fred 0. Gibbs Address: 1001 "0" Street, Greeley, CO 80631 Phone: 356-7090 Name: Address: Phone: Name: Address: Phone: Proposed Proposed WATER SOURCE: Larger Parcel NWCWD water Smaller Parcel NWCWD water tap Proposed TYPE OF SEWER: Larger`Parcel septic system Smaller Parcel Proposed septic system Rural residence PROPOSED USE: Larger Parcel Irrigated farm Smaller Parcel and irrigated farmland ACREAGE: Larger Parcel 76 ± acres Smaller Parcel 4 t acres 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 /L STATE OF COLORADO ) � (� p Signature: Owner or Authorized Agent Fred 0. Gibbs Subscribed and sworn to before me this I7 day of November , 1992 . (SEAL) Ca > Notary Public My Commission Expires -',une 18, 1994 3:11.1.33 a . Bruce - JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 November 17, 1992 u cal NOV 1 9 1992 • v Department of Planning Services Weld CoamvPlanning 915 10th Street Greeley, CO 80631 To Whom It May Concern: Please send all correspondence with Applicant to: A. Bruce Johnson, 801 8th St. , Suite 220, Greeley, CO 80631, who is my agent in this matter. If you need any further information, he will try to accommodate your reasonable requests. 1 . Attached is a complete Application (and five copies) for a Recorded Exemption on property currently under contract to purchase by the applicant, Fred O. Gibbs: the North One-Half of Southeast One-Quarter (N2 SE4) Section 4, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Enclosed is a check in the amount of $750.00 payable to the Department of Planning Services to cover the cost of processing the Application. The recording fees will be paid at time of filing the approved recorded exemption plat. 2. A Certificate of Conveyance is enclosed from United Title of Greeley. 3 . Enclosed is a copy of the deed on the subject property, and a copy of the sales contract showing my interest in said property. 4. Subject Application is submitted for the purpose and reason of: a) Applicant wishes to sell a corner off of said lands in order to facilitate the installation of a center pivot. Applicant does not wish to reside on subject lands. b) Maintenance and operation of the corner is burdensome and can be handled better by an owner/resident. The services needed from the county, school districts or Colorado-Nebraska Wyoming • Farm & Ranch • Water �] Appraisals • Sales • Exchanges • Minerals • Cons',:Itinq >'9 Y.>m 30 Department of Planning Services Page Two November 17, 1992 neighboring towns may increase because an additional family may locate on the smaller lot of subject property. Agent of applicant wishes to purchase the smaller lot. c) The size of the parcels after all is completed would be (subject to survey) : Proposed Lot A = 4 acres more or less Farmland-present farm & roads = 76 acres more or less Total = 80 acres more or less f) This division is based upon the historical flow of irrigation water and the installation of a centerpivot. The exempted corner will not affect the access or drainage of irrigation water. g) The existing accesses to the corner (Lot A) and the farm (Lot B) will remain the same. 5 . This proposal is consistent with the policies of the Weld County Comprehensive Plan for the following reasons: a) The farmland of the existing farm will remain as farmland except for a small area for a residence to be constructed on the corner. The land will be farmed by the applicant/purchaser; and he currently plans to continue farming Lot A and Lot B except for residence area. b) There could also be a residence on the proposed larger parcel, Lot B, however, it is possible to have an increase on the present situation also. In the event of an additional residence, the tax base would be increased to compensate for the increased services needed. An added residence is highly unlikely because the applicant/purchaser is contemplating erecting a centerpivot, thus the reason for the curved southern boundary. c) This change does not promote business or industries in the existing Agricultural Zone (rural residence and farmland will continue as in the past) . d) This split will not reduce the productive capability of the existing farm (larger parcel) . The same number of Department of Planning Services Page Three November 17, 1992 acres will still be farmed, none will be taken out of production, except the residence site on the smaller lot. e) Paragraphs 4 through 13 of the Agricultural Policies do not apply to this Recorded Exemption Application because they apply to the development of subdivisions, mineral extractions and disposal sites. 6. This proposal is consistent with the Agricultural Zone Dis- trict because the farmland will remain as farmland and a rural residence will be added to the smaller lot. The uses of the proposed new larger and smaller parcels will neither interfere with nor be incompatible with the neighboring Agricultural Zone for the above reasons. 7 . The uses of the proposed parcels will remain the same as it has been for decades; the same as the land to the north, south, east and west of subject property. The use of proposed Lot B will remain the same (irrigated farmland) and proposed Lot A will remain farmland and a rural residence; both are consistent and compatible with existing surrounding land uses. 8 . The uses permitted in the proposed change will be compatible with future development of the surrounding area as permitted by the existing Agricultural Zone and with future development as projected by the Comprehensive Plan of Weld County. The proposed lots are NOT within a three mile radius of Eaton, Colorado, the nearest town. 9 . The proposed split is consistent with the efficient and orderly development of the immediate surrounding properties. It will not be different than currently exists. 10. The proposed smaller parcel (Lot A) will have a North Weld Water District water tap and an approved operating septic system. The proposed larger parcel (Lot B) qualifies for a domestic well, septic system or North Weld water tap. Attached is a letter of Intent from North Weld County Water District. 11. Subject property is not located in a flood plain, geologic hazard, nor the Weld County Airport overlay district. 12. The Sketch Plan Map is attached to this application. Department of Planning Services Page Four November 17, 1992 13 . When this Recorded Exemption is approved, a plat as described in your Recorded Subdivision Guide will be submitted to the Department of Planning Services for recording by the Weld County Clerk and Recorder. Thank you for your assistance in this matter! Sincerely, Fred 0. Gibbs Attachments 9. 1. :."30 e Plot v) M a p 4 - 6bs Proper--1-y NL2 S£ 7y Sec--;oti TIAto t N P.,c 66 !r/ Ce 0-e r I rca SeC �{ Field d Easew.cN�4) i Hof A proposed :6 : b t 'e we,k_ 3/ W�K >.z N I C-M J-• CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO ) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE orVESTRICTOOOMMI 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: The North Half (N1/2) of the Southeast Quarter (SE1 ) of Section 4, Township 6 North, Range 66 West of the 6th P.M. CONVEYANCES (if none appear, so state) : Reception No. 1607331 , Book 685 Reception No. 1611754 , Book 690 Reception No. 2311201 , Book 1359 Reception No. , Book Reception No. , Book Reception No. , Book 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 liabilility of UNITED TITLE COMPANY OF GREELEY COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, UNITED TITLE COMPANY OF GREELEY COMPANY has caused this certificate to be signed by its proper officer this 18th day of November , A.D. , 19 92 , at 7 :45 A.M. o'clock. UNITED TITLE COMPANY OF GREELEY COMPANY By: AUTHORIZED SIGNAT UNITED TITLE COMPANY OF GREELEY 1100 Tenth Street • Suite 102 Greeley, Colorado 80631 (303) 356-3200 at-A . SO B 1359 REC 02311201 11/17/92 14: 48 $5.00 1/001 AR23112D1 F 0269 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, Made this 7 day of November , 1992 between BETTE C. BEITMAN and CLARENCE R. BEITMAN of the *County of Yellowstone and State of ,t/rl6/a(IQ/grantor(s), and Montana BETTE C. BEITMAN and CLARENCE R. BEITMAN • whose legal address is 1400 Poly Drive, #8E Billings, Montana 59102 Montana 59102 of the County of Yellows t one and State of Coldr3d'o,grantee(s), WITNESSETH,That the grantor(s),for and in consideration of the sum of other valuable consideration and One and No/100 ($1.00) DOLLARS the receipt and sufficiency of which is hereby acknowledged,have remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do remise,release,sell,convey and QUIT CLAIM unto the grantee(s), their heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: N}SE} Section 4, Township 6 North, Range 66 West of the 6th P.M. also known by street and number as: farmland TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)have executed this deed on the date set forth above.IffiC4,2 BETTE C. BEITMAN CLARENCE R. BEITMAN STATE OF(tdl'hat.4bd/ MONTANA ss. County of Yellowstone The foregoing instrumem was acknowledged tehae inc d: ?t day of November , 19 92 by Bet,te C. Beitman and Clarence R. Beitman. ^ I, my injjmistiv e:fpires a3 , 19,45-. Witness my hand and official seal. • AtCam, L Noisy wei.:�>> I k *If in Denver,insert"City and." No.933.Paa 385. QUIT CLAIM DEED Bradford 9aatrdaa,3123 W.foth An.,Lakewood.Co$0214_twn 22y6900 - -• < •f t .' -e a Ja '. v • 6'f1.,l _ 494 11.• , i, _ errs .. o „ou j4'_.._ PeL tt t • sas '_`" . '^ Reest_it Steel_ - •-T—I Thai Din Hem ads 13th t FeAena y �`�se.e1 . n/3„r..... HAYTHORN FARMS,111C0[FORATRD _ Ia ar...e..= —.�...r e�.a err er.ere t Se lie -.. 7.1 I . .. .? o, .t se stet Colorado t the Stet wt e.4 :� HATLHORH FARMS, A PARTNERSHIP • n rn t the o.or t Weld r Sara et co Co Lorado t the recd pats .o .. el se wmvsarra.The'the sad party of t e tress pert.err in...dde_s_ at tr we of Other good _ • » le the r rnd at e consideration and Ton and moat mew first pert rd 4 paid the ell may srided a er Mein where la bee r` br eerier eel areserwat lath ae.ed.boredom!.r4 r.eared.r by sere nee See Peet,be ear.ea.eery ad mama at.S.aid tarty of the err put. Its bee and seder hr. • - -• ' err,ea t the ferry described let a .r pests t LeL dear tree r lees 1.am o Weld r see t Cdeda a.its o 0.47 t • 1 P m As described on Exhibit A attached hereto W W • TCcrrar. .Ith as r ever the ►ereiter.ee sr eperl.see thereto t.le.ebe. r S mane • eRflW. . sad the reeler or ra.ereto.e. .redser rear a r ear thereto sad as the setae _r -.- riser. to o, ewe. sees sad deer enterer at W ed party t the fine pert Mtbr S S.or ref,at.le • and es the d..e Wryeeed preen with the bewtteeat wet alessereer. TO HATE AND To sou) la.mu rm..she..nearer eel deefet with the sped fir S. said pan y at lAs raw:pert its harp.ad area feer..r.Ad the sM . • Haythorn Faros, Incorporated t ' party et the tire. part. her IeM4 ,e Led W r e eerA sloth.awes e4 nee, lever end eyes to--.el the rY party t the red part its hen sad releek that at the time el the aseelt.e and delivery el tare ►..rem IS It red .. I I reel t the...ales-ben art.as t e reed,era,perfect err a.d Selefrea a we a orm eaa e .... Se.S fee deple,and bath red rteht.tea peer er lawful esthedty to nat. heryte,sea W easey the ere e err and toes ateraM. -' shpt sloe era free el ear free all Serer ad other rear barer. sea are,erg err ate and Warsaw of •Yea red sr made seer; a except taxes for 1973 and subsequent years •-was .1 an.had premier S the en let end re..enb!o p-sfrese'eas 4 see bar pen 7 at the a pus •V waster eel redena ae.Iet II and ..e� yv+r+ rose r.hiy JJa e e rare e.rivet. • �tl' p.gyrber,the w party of the,..t pan rrll w:ir WA..Af r.nu roaryn DOt4D. • r'a prigs I4HHarop.Tr said party of the mot pan tae. reel Its eer erect fir le be beet* - - _.. Li Id - rPreterit. ts t.eel I erns eel to b•her e affixed.attestedby it r ! year flea err eft t}a. ‘C TT Haythota.Yams, Incnrp rated..__ u e.• sae;,,:°i ay... �-.-s:r. .iC... ...�.'SLa_.yl6axr..�.__..__ . �• I' STATIC Or COl•t)RADO. .J I_ Of re�a et�'i • it r ,, Tae fererrAae 1.,......•... . _..letre4 tees..-. one :hl. 15th lay at February i is 73 .w Perry L. Haythorn es Peer and John H. Haythorn r are... t . Itii Haythorn Fares, Incorporated .. . . rer+.ttm ba natrial saebetee sees '+' '•.0` wiree ay haw sad p tO i c:-:- T'—/preen err. H.ten .e astern"pea-rte..+....a..-._...r..r... ,) ��e , �.. 9 .3'...._130 3- . -teat . - 1',:.4 The Northeast Quarter (NEk) of Section Thirty-one (31), The whip Seven (7) North, Range Sixty-six (66) West of the �. ... - Sixth Principal Meridian; All that part of SectiOn Seven (7) in Township Six (6) North, Range Sixty-five (65) West of the,Sixth Principal Meridian, in Weld County, Colorado sore particu- • . • larly described as follows, to wit: Commencing at the Northwest w corner of said Section, running thence Senth 26461/2 feet to the quarter corner on the West side of said Section, _ . thence running East 3472k feet to the right of way of the Denver Pacific Railway (now Union Pacific Railroad Company), �- - thence Northwesterly along the West side of said right of way 2885 feet to the North line of said Section, thence West • ' along the North line of said Section to the Northwest corner of said Section, 3081 feet to the place of beginning, containing 186 acres of land store or less, excepting rights of 1.'7 for roads, ditches and highways on or across the same, ZAglu-nes with wales uswaei4a i ..F The West Half (W'i) and all that part of the Southeast Quarter (SEk) lying South and West of the Union Pacific Railroad, more particularly described as follows: beginning at the South Quarter corner of Section Six (6) thence running North along the West line of said Southeast Quarter (SEk) • distance of 1571 feet to the Southwesterly right of way line of said Union Pacific Railroad, thence Southeasterly 1593 feet along said Southwesterly right of way line to the South line of said Southeast Quarter (SE}), thence Vest 231 a - feet along said South line to the place of beginningg containing 4.16 acres, sore or less, and also, Lot Eleven (11), in Block One (1), in the Minnie Lee Eaton Subdivision, - Weld County, Colorado, according to the recorded plat thereof, together with right of way extending 65 feet South dugout of the doors on said i.oc Eleven (11), such right of • way extending over on Lot Twelve (12) ate East to alley for driveway purposes only, as per said recorded plat, all in Section Six (6), Township Six (6) North_ Range Sixty-five (65) :lest of the Sixt:t Principal Meridian, in Weld County, ti ` Colorado, excepting therefrom the following: (1) A parcel of ground 162.5 feet in length being So feet in width as to its Westerly 100 fees and �5 feet feet in width as to its Easterly 52.5 feet, being - , . , situate in the Northwest Quarter of the Northwest Quarter (NWkNWk) of said Section Six (6), its North and South boundaries being parallel to Collins Avenue and its East boundary being rallel to Oak Street, • .. extended of the Town of Eaton said parcel being more particularly described as follows, to wit : Beginning at a point which is 35 feet South of the South boundary of said Collins Avemte end of thr `crth 1-,urwry of said _ Section, which point is 5 feet South of the intersection of the South boundary of the public highway along the North line of said Section with the West boundary of said Oak Street extended Southerly, extending thence Westerly along the South boundary of said public highway, 62.5 feet, thence at right angles Southerly 5 feet, - thence at right angles Westerly 100 feet , thence at a+v". right angles Southerly 50 feet , thence at right angles and parallel to said highway Easterly 162.5 feet, thence _ -" fie void.- of beginning. Also .. rim.,, ingress and egress to said land from •he Publ:: It••,we or the North and free whet would be Oak Street extended :catherly to the South boundary of '9 :, said land, and also, i._. - EJWIBIT A Page 1 92,4...-1.30 . _ auK i 685 100831 5-3 - (2) A triangular shaped parcel of land bounded on the East by the Union Pacific Railroad right of w7, on the South and West by the public highway, and on the North by the North line of said Section Six (6), and .... also, (3) The right of way of the Union Pacific Railroad, and also, (4) The right of way of the Great Western Railway, and also, (5) All rights of way for public highways and irrigating ditches as the same are now located thereon, • and also, (6) Any right to the use of any seepage water �- heretofore used in the irrigation of the Southwest �oim (.c ) ..s __id rt--_zu tL, (6) are all water elli u:wder the Harry Eaton Seepage ditch previously used on ,•,-, the Northwest Quarter (tclt) of said land, • : `'"�• * ` containing in all 281 scree, more or less, together with A: •„ water therefor; - -.` All that part of the Northeast Quarter (NEk) of Section ...4. ':•'L-!‘...*:'.:; `...''.*:-; Pour (4), in Township Six (6) North, Range Sixty-Six (66) West of the Sixth Principal Meridian, in Wald County, -..;� Criorado, described as follows: beginning at a point on the Jt North line of said Quarter Section 1611 feet East of the l''.4 Northwest corner thereof, thecae South 03°35' East and ; parallel with the West line of said Quarter Section • , r • distance of 2476 feet to the South line of said Quarter •�' Section, thence South 88°31' East a distance of 1188 feet to ' a point on the East bank of the Montgomery seepage ditch, a'eriri - '-"' thence following the East bank of said ditch North 01°35' 4.e. West 227 feet, thence North 323 feet, thence North 03°45' »:'• West 335 feet, thence North 00°45' West 322 feet thence ...e.'..ii, North 022°00' West 113 fret thence North 20°20' 'cost 75 feet, thence North 01°00' West 262 feet, thence North 02°05' West w. inn f-et , thence North 00°10' West 267 feet, thence North �' 00°35' West 273 feet o a point on the North line of said )', Northeast Quarter (NEk), thence West on the North line of said Northeast Quarter (NEk) 1349 feet to the point of beginning, said tract of Land containing 72.34 acres, more or less, . together with water therefor; The Southeast Quarter (SEk) of Section Thirty-two (32), ..:. in Township Seven (7) North, Range Sixty-Six (66) West of the Sixth Principal Meridian in Weld County, Colorado, saving and excepting rights of way for ditches and public roads as same are now constructed, and also excepting reservations rnnraine4 in dead .- .. :, uww <�i , page 181 , of the Weld County records; also all that part of the - Southwest Quarter (SWt) of Section Thirty-Two (32) , in ii. Township Seven (7) North, Range Sixty-Six (66) \west of the Sixth Principal Meridian, beginning 270 feet North of the " 3;:•, South Quarter corner of said Section. said point being '' e. located on the North side of County Road right of way , thence ,, atone_ the North side of said County Bond right of way on the -n.:ovt^2 course: North 72°09' West 2019 feet to the East .' ' Res_ -vntr Inlet, thence along said ..s. <�•vw r-:± lake 'tetra-air Inlet-on the followg . -- w�`' 11°35' Bast 131 feet, there.. Nortn 28910' '" "' a 451 feet , thence North 11°35' East 360 feet , thence 'r ..se `;, ?o• ..- 0c111 rest 260 feet , thence North 16°48' tors: 610 feet (st 1.;�,O'r EXHIBIT A " • ,, .-r'`j.'r. Page 2 ..� .,; r j ^ r-..,p .3e_ 'a ; .,.. . . . f 168733 .�.Fkr 1 :a • ma 68S 1 5 .2T '*t to the South side of The Great Western Railroad right of ,. ,. way, thence North 88°50' East along said South side of Theolei Croat Western Railroad right of way 1804 feet to the North - �Y'r r.:,xx° _ ;� ,, C. and South half section line of said section, thence in a Southerly direction along said half section line 2330 feet, f `a.?-„ more or less , to the point of beginning, containing 83.6 -,,...,,,-41n-' s,,,, acres, more or less, together with pumping plant and equip- ±l- ^ens and appliances thereof, together with water therefor; 7O,•x- ` The Southeast Quarter (SE}) of Section Four (4), in t<`ax Tow:-.zhip Six (6) North, Range Sixty-six (66) West of the x „ sg+;3 Sixth Principal Meridian, in Weld County, Colorado, i. �.`.�y- .e .':0- together with all ditch and lateral rights used for the tah irrigation thereof; and The Northwest Quarter ()Mk) of Section Four (4), in Township Six (6) North, Range Sixty-six (66) West of the c 1;..'s` Sixth Principal Meridian, in Weld County, Colorado,oz7 < t together with all lateral and ditch rLgnts used co convey asssssasasrar 'S K waror fr..r. rKm _till -_' t- r.... ,y..,_. .. prmista. Party of the first part further sells, assigns and , C st � . thereon as a part of said lands sad for [he lrrlgat ion ;•r t`,�rp thereof: Twelve (12) shares of the capital stock of The -....3...Windsor Reservoir and Can,1 Company; . • ,-: LarLnerwlve (12) shares of and Weld Irrigation Company; y; stock of The Twelve ( 12) shares of the capital stock of The ./:'.....c.;:';', Lai-toner and Weld Reservoir Cocpary; "JL'-r1".'�F-'•- Four (4) shares of the capital stock of Lucas e - Lateral Ditch Company; `• l_y • ,,; Two (2) shares of the A stxk of The Town-Boyd y .• y Lateral Company; ' •. l Y " , ,G J..:-?-?.. e.k7S Four (4) shares of the F1 stock of The Tort:-Boyd , ,{2f.,��- . el 1...“--CL a: ..,Xnpany. swa all that part of the Northwest Quarter (NWk) of '?cfr 'Section Six (6), Township Six (5) North, Range Sixty-five (e:) West of the Sixth Principal Meridian, lying East of the right of way of the Union Pacific Railroad Company, and co all of the Northeast Quarter (NEk) of said Section Siz (6) , si- w together with the cement combination drainage and irriga- . , ;, [Ion piQelin as constructed on and under Sectiot, twenty- 1lie t_.. 1 ownshtp Seven (7) North, Range Sixty-six (66) ;k:'.',...;,77:::4..,"4--, Gu�'�`' " r t or the :r,th F;i••c:pal ".arid tan, and extending across y t t - 4, ;G c` . West s ' (W ) of Section T?1.ty-o^.e-(3:) Township t r c a ��._. r�•_' .mac S. t. ' Fogy,:!Iiiefi c:pa t ' Inc ' . sf ng to and upon the Northeast ` "CtOtAt -.47,a= ,.Car c ' r' said Se so- Six (h) , together on p pel t , water z. I - .nR said ..ra:nage ant' irrigation pipeline; !44 cwt ,.. ipI"' a 3 . -Jl 4 . s^1res n: ch,: capital stock of The Lorimer •,r„ ,,} ar! . r . . c":- an, E:i,' (9fl s`area o`. the cap.tst ,w.vsw+.t.:or, 'r r.1. t a yReservoir and anal -ompany, one Two x', - ... _n .tA. stock U For Far Lateral Ditch .+q. file K•• 44-45.:63vA5.3/4",044 . ... . `n tqqq ki-Aaat • 'fi�rr,t''; .T"�aa4��.l� — of .q'' _ 17. . . r The 300 acre feet of such water allotted to u kM ' laid* in the Southeast Quarter (Stt) and the lerthwest Q.-�ar (am) of SC_� Pour (4), Township Six (6) �, Ranee Sixty-six (66) Vest of the Sixth Principal � I G The SO acre feet of such water allotted to his Lands in the Northeast Quarter (Mgt) of Section Pas (4), Township Six (6) North Range Sixty-six (66) West of the Sixth Principal Meri.aiaa; w The 200 acre feet of such water allotted to his lands in the Southeast Quarter (S1}) and the Southwest Quarter (SW4) of Section Thirty-two (32), Township Principal North. Range Sixty-six (66) West of the Sixth :.� The 150 acre feet of such water allotted to his lands lying West of the Union Pacific Railroad Co.pany right o₹ way in the North Rail (N}) of S.r►/et Zc i. �•e.. (7). towawi; It: (6) 7.0ccn tangs Sixty-five (65) West of the Sixth Principal Meridian; :` 14 ...-.:....t. coach 200 acre feet of ch water allotted to his lands lying West of the Union Pacific Railroad :: right '•,�.3. r . zthe f (WI) Section(65)W Township Si (6) North, Range Sixty-fire est of p, ie �•' a. r:- :• the Sixth Principal Meridian; and n , The 75 acre feet of such water allotted to his Lands lying West of the Union Pacific Railroad , e;right of way in the North Ralf (100 of : +.+ Township Six (6) Range Sixty-five a ( 563)West of . . r., �.:.: the Sixth Principal Meridian, rr.•. p,. together with all growing crops. a .rr•,. : .e � :Ec • a: _ . 3e J l P :,.y. t - n:'. b.: .., r .. w..r—....I, r as._ca ! EXHIBIT A Page 4 ` :: p�r r 7 APR 21 1973 690 R.+at+.n No, 16 754 aim s rwwa .._.Reondsa It • • - .' Tina DEED, v.d.wa tth days( April .a 73 ' ""'� •, � ' Nal.... HAYTHORN PARRS, a Ftrtnership au. � •Co.nty at .grid and state of Gdr,r.da, of the !Ina pan, ad - •" BETTE BEITMAN r .--1 e( the Canty of Ye l lows t one wd stmt. d n a .-r o t fiat• W'mord part- ... ... wlncclarnt. Thai the said party of the firs part for and In eensielaratim of the am of OTHER GOOD AND YAIDAdLE CONSIDERATION AND -"cN AND NQ/100 DdLLAILS . O to the said party of the fins part b had psi by ad party d lhw woad part.the evens whams(is _• •he.br ea sal and ot•ow4d•al, he ti gloated, baryplmd. add W Lamas( and by tbem penman do Ca Rr..t•bargain. ra4 swo sad man n. at. a. said piny at as sowed poet herhdn and artpu for- • �t aver,all the fdbwtmr dwreel.d lot or perm( of Ved dru.r.. hart ad Mtn b W r County of WC Io and State of 0e+ar.da, to en. 'ihe Southeast Quarter (..E;) of Section Parr (4) , in 7bwnship Six (6, North, Rang-, Sixty-:iix (f6) West of the Sixth Principal Meridian, in Weld County, Colorado, together with ail ditch and lateral rights used for the irrigation thereof; and Four (4) shares a - 1 Iof the ca?itnl stock of The rfirdsor T.eservoir and Canal Company)• • '• pro • ' ' and Four t1=) :.hares of the capital stork of The la. imer and Weld ` ` ..•_ l Iran Lgaticn Company; anC Your ('+) Share:; of the carpi La ;,Lock of -•, : e_.,. . ` iI Lora Lateral Ditch CcmpanyI and Eighty (80) acre ;et_ ii w%.ter _ a • "•.; :I allotted from t• )rthern Colorado water Conaervnncv District. I - •' e.• - • ••• •.x.. a. ��"`t: ; No exnc'. lot lac consideration. rar.sfer is in. set tlemene of air-•,� 1• ..V.. ICI . t.`. . `''."'''••••••; gi'antee'3 interest in partnership. • Zr t , I TOd.. .'tth as cu and .'olar W M .n ndlr .•.... .d .pptr..n.nn therein entering n: m aural." :.a I n-per , mg. and the rnirm and m .-.ip.au.. nm and n arpoar d taindn e .meta'same'sa a.d pmnb Iher.0€ sad, d all an m •_!� the mule, rlrht title. mono,elalm and desand 'thalane,•r o: the .dd pun Y at the (Int pan, .Ith•r It la. Ior ,.pair. of. In and I., the above b.ridod prows, wtth the -r.Nrawta tad appafaaance a . e I at note Anil lo null the said promise above)rrsaln.d and d.erlhd with the apptrtaraao . ma. W .n • _ ? _. I aN pan y of the wend part, her b.in and ...Ian. (.raver And W rid part y of the (Ire pan. !• for 1 L •el f :t$ h ir.. a Benton, and administrators dao it monist.pant h.rcaiw.and ante is and I with as mid part y of the aced put, her her,and sateen*, that al Lb. Dos at the n,aallne arid deil.ary '.Si� of Vera. prwuta ;t Int well oozed of the pons.n am,. nrn..r & as of toad. aunt potent .helot. and Indefeasible tetaa of r:laenon.. In law. In fee apta awl h. S rad new. Nil row and last.l rthortty to peat,bantam. sell and tonmy the non In mamas And form u tf..rnahl ad that Ow earn.- are hes ad rlaar .r on .11 fume? ..I tote, n., hargu mah tlm . .....•.mein. IL L-.1 .,l _ +r.r.. .. . ..• -.hate..r aid u .... amr.a, r' rear. •Zr.r .:f S,`S i 7 .•:.i at0 sU at,P'1ll en: yens, • and the storm bar[a.nw1 pr.mt.e. In the V,lee and p.aernl. Ie.an•a...a of the ad part y at the ..cn.d pun. her been and .mien mono all od even p.,a•? or p.'-mw.. 1..1.111 claiming at in 'lain the .td. '•'' II err any put them(,the an pan'( m( Do hot pan •h.. ad -III u .HRtST AND FUafllx Dr InENfi .. h. W ITNY.^a W IYarnr u.w cud pert Y of Iv It- :.,! h. L, bet-ean,i. _.t . .1 Wad • and as-al ,1.N) anal r... ... ,r..,_w..l,... Yl?.- -. -M e . r - e, taw _\� M• L ..__ti.Li ..I c1.A 1. aA 1 �' 1:41.t: ..i 11 t' n' .:!-r . p- . ...r f- .f t...:,-,`"7•-%•..- ,....1.r .. t.:( r . . I t•, ( 11, '. ` KZ• w..d n- ... \..n_w.4wl b:r.-. .e r+t h .... r I: •. )Y r' r . . . . . . I. f wba Pryor Lh) M r...• .•. .u. a... w eta.Pima. I. r { n.. 'sir . . _ l' v C i . _ - '�.,. ;t. ft`t e%t h Litt A• ;ij' . ,•IV .e.t.ittjti:ti t- iy1"' 92'.'_30 ii The printed portions of this form approved by the Colorado Real Estate Commission ICIISJ-S-89) THIS ISA LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX on OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND/FARM AND RANCID CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) August 31 09 92 I.PARTIES-AND PROPERTY. Fred 0. Gibbs. 1001 "0" Street. Greeley CO 80631 /pWclh,k4)4øurchaserl.(aajoint tenants/tenants in common) agrees to buy,and the undersigned seller(s)Pencil,agrees to sell,on the terms and conditions set forth in 0dscontract,the following described real estate Weld In the County of ,Colorado,to win Ni of the SE,' of Section 4, Township 6 North, Range 66 West • knownasNo. farmland Moo Add,....City.Sure,Zip) together with all interest of Seller in vacated streets anti alleys adjacent therein,ell easements and other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded,and called the Properly. 2.INCLUSIONS. The purchase price includes 11e following hems(a)if attached 10 the Properly on the date of this contract:lighting,heating, plumbing.ventilating,and sir conditioning fixtures,l'V antennas,wafer softeners.Uwke/fire/burgier alums,security devices,inside telephone wiring and connecting blocks/jacks,plants,minors.floor coverings,intercom systems,built-in kitchen appliances,end sprinkler systems and controls;(b)Hon the Property whether attached or not on the date of this contract:built•In vacuum systems(including accessories),storm windows.storm doors,window and porch shades,awnings, blinds,screens,curtain rods,drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storsge sheds,all keys and garage door openers including remote controls;and(c) 1 irrigation well system with pump, motor, panel and casing ' (d)Water Rights.Purchase prke to include the following water sights: • 2 shares of the capital stock in the Larimer and Weld Irrigation Company • 2 shares of the capital stock in the Windsor Reservoir and Canal Company 2 shares of the capital stock in the Lucas Lateral Ditch Company 40 units NCWCD. water 1 irrigation well system registered as 3-5872 and adjudicated in Case W-11217 (e)Growing Crops.With respect to the growing crops Seller and Purchaser agree as follows: 1992 crops belong to sellers (landowners' portion) 1993 and future years' crops belong to purchaser • • ,water stock slip assignment The above-described included hems(inclusions)are to be conveyed to Purchaser by Seller by bill of sale deed or other applicable legal iastsumenl(s)at the closing.free and clear of all taxes,liens and encumbrances.except as provided in section 10. The following attached fixtures are excluded from this sale: 3. PURCHASE PRICE AND TERMS. The purchase price shall be$ 110,000.00 ,payable in U.S.dollars by Purchaser as follows(complete the applicable tern below): (a)Earnest Money. • s 2,500.00 in the form of a personal check ,as tannest money deposit and part payment of the purchase price,payable to and held by A. Bruce Johnson ,broker,in broker's trust account on behalf of both Seller and Purchaser.Broker is authorised to deliver the earnest money deposit to the closing agent,If any,at or before closing. (b)Cash at Closing. $ 107,500.00 lobe paid by Purchaser al closing in cash,electronic transfer funds,certified check,savings and loan tellers check,or cashier's check.Subject to the plvisionsof section d,1(0re exiling loan balance al the time of closing shall be different from lire loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows:: • • (e)New Loan. deed of trust. $ n/a by Purchaser obtaining a new loan.1 his loan will be secured by a(Is;,2nd,etc.) tarsals approximately$ per The new loan to Purchaser be amortized ovinterest r e not 1 y pP % er annum,plus,if required by Purchaser)lender, including principal and not to exceed per a deposit of dare estimated annual real estate taxes.properly insurance premium,and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan,the payments and interest rate Initially shall not exceed the figures set forth above. Loan discount points,if any,shell be paid to lender at closing and shall not exceed %of the total loan anaunl. The first(1,2.etc.) loan discount points shall be paid by and the balance.Una);shall be paid by • Purchaser shall timely pay a loan origination fee not to exceed %of the loan amount and Purchaser's loan costs.Cost of any appraisal for loan purposes to be obtained aher this date shall be paid by upon loan application as required by lender. No.CUS3.549. VACANT LANMFARM AND RANCH CON IRACT1O BUY ANDSELI.REAL ESTAT'£ 0r W find pablbhlq.4743 Waste Si.,Denver C0110102—IWO 2914300—6.19 ` • 'gnersh.Hi.tn.ii..I614 to h..ebnpcciiuras)chic physical condition of 111!Nepal/and Inst al:me, at Purehaserk a If written notice of any unsatisfactory condition. signed by Purchaser, is not received by Seller or Listing Company on or before ,19 ,the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Purchaser. Dace of any unsatisfactory condition,signed by Purchaser,Is given to Seller or Listing Company as set forth above in this section, and If Purchaser at r have nod reached a written agreement In settlement thereof on or before ,19 ,1his content n terminate,subject to section 17.Pu,elnser Is responsible and shall pay tug any Jo. aaa-.kirk c. -tsto the Po'j rly...J l�rin, ;. 19.AGENCY DISCLOSURE. 'I he lifting broker, A. Bruce Johnson & Associates. Ltd. and its sales agents(Listing Company)represent Seller.The Listing Company owes duties of tsusl,loyally and confidence to Seller only.While the Listing Company his a duly to treat Purchaser honestly, the listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. . BY SIGNING BELOW, PURCIIASER.ACKNOWLEUOES 1'ItlOlt'IMELY NOI10E BY LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT. The selling broker, A. Bruce Johnson & Associates, Ltd. , and its sales agents(Selling Company)represent: [Willi!!BOX IN SUBSECTION(b)IS CHECKED,SELLING COMPANY • REPRESENTS PURCIIASER ONLY, AS SET FORTH IN SUBSECTION (b). IP TIIE BOX IN SUBSECTION (b) IS NOT ' CHECKED,SELLING COMPANY REPRESENTS SELLER ONLY,AS Slit POPGII IN SUBSECTION(a).] - t n (a)Seller. The Selling Company owes duties of trust,loyally and confidence to Seller only. While the Selling Company has a duly to treat Purchaser honestly,the Selling Company is Sellers agent and is acting on behalf of Seller and nut Purchaser. BY SIGNING BELOW,PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY T'IIAF SELLING COMPANY IS SELLER'S AGENT. O (b)Purchaser. If the box is checked:T'be Selling Company owes duties of(rust,loyalty and confidence to Purchaser only.While the Selling Company has a day to(real Seller honestly,the Selling Company Is acting on[Mintier Purchaser and not Seller.SELLER AND LISTING COMIAN Y i ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCI IASER'S AGENT. 20.ADDITIONAL PROVISIONS: ' a. It is hereby agreed that all of the minerals and mineral rights owned by sellers will be conveyed to purchaser. b. If closing has not occurred by January 4, 1993, purchaser shall pay ' sellers $ 2,500.00 on that date, and the $105,000.00 balance of the purchase price shall be paid at closing. I, c. If any change in the condition of the property, as specified in paragraph •15 hereof occurs between the date of this contract and the closing date to which . purchaser objects, purchaser shall notify sellers in writing not less than five i (5) days prior to closing. . d. It is fully understood between the parties hereto that the simultaneous . • closing of a contract of even date between the parties hereto for the SZSE* of Section 4, Township 6 North, Range 66 West, Weld County, is a strict contingency of this contract. • I. I 21. RECOMMENDATION OF LEGAL COUNSEL. fly signing this document.Purchaser and Seller acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and t this contract. 22.TERMINATION. In the event Ibis contract Is terminated,all payments and things of value received hereunder shall be returned and the patties shall be relieved of all obligations hereunder,subject to section 17. P 23.NOTICE OF ACCEPTANCEICOUNT'EI(PARIS. If this proposal Is accepted by Seller In writing and Purchaser receives notice of such acceptanceonorbefore September 16 19 91 this document shall become a contract between Seller end Purchaser. A copy oft a document may be executed by each party,separately,and when each patty has executed•copy thereof,suck copies taken together hall be deemed: afar la eon�npt/q5pnuact between lire parties. • /y CV /d^ . 9 /(0/92 Pennon Fred 0. Gibbs Wm Prmh.ur Um �. Purchaser'Address 1001 "0" Street, Greeley, CO 80631 (10 BECOMI'LEfEL)BY SELLER AND LISTING COMPANY] 24.ACCEPTANCE/COMMISSION. Seller accepts the above proposal This IV day of r'!Jf�L1Arrfr ,19 9 IC Seller shall pay to the Listing Company a commission of (p 7.of the gross purchase price or //P'' . as agreed upon between Seller and Listing Company fur services in this transaction.In the event of forfeiture of payntents and things of value received hereunder,such payments and things of value shall be divided between Listing 4f . and Seller,one-half thereof to Listing Company,but not to exceed the commiuion,and the balanceto Seller.� „�`—R, J 9 // 92 sdbr arenStalt '1 Der Sellerk Address 1400 Po y Drive. (18E. Billings, MT 59102 The undersigned Selling Conspany acknowledges receipt of the cornett tummy deposit specified In section 3 and both Selling Company and Listing Company confirm the respective agency disclosure set falls In section 19. Selling Company `y /y�,/- A_ RRIICF. .IOIINSf1N b ASSOCTATE4 Ltd. ti�r 1J 4O , 9./4/92 . r,.. DB B Address 801 8th Street, Suite 220, Greeley, CO 806 1J • rah o snson ran jm Listing Company A. BRUCE JOHNSON & ASSOCIATES. Ltd. tsus ,,r,,, / V 9 /O/92 ' Address 801 8th Street, Suite 220, Greeley, CO 80631 A. Brute Johnson Dale BOARD OF DIRECTORS ERNEST TIGGES ' ,y NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS rill"I "► j,. HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER 1!'%A LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356-3020 November 17 , 1992 RE : Water Service Dear Sirs , This letter is 1 , response to your inquiry regarding water service to the following described property: N'-z of the SE 1/4 of Section 4-6N-66W 1 . gater service is presently being provided to the above described property. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments : Sincerely , NORTH WELD COUNTY WAAT � TERDISTRICT Ly1 D. Nelson , Manager NDL/ds Bruce Johnson for Beitman REFERRAL LIST NAME: Fred 0. Gibbs CASE NUMBER: RE-1463 REFERRALS SENT: November 19, 1992 REFERRALS TO BE RECEIVED BY: December 3, 1992 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono Sheriff's Office _Eaton _Engineering Erie Housing Authority _Evans _Airport Authority Firestone _Building Inspection Fort Lupton Frederick STATE _Garden City _Division of Water Resources Gilcrest Geological Survey X Greeley Department of Health Grover Highway Department Hudson Historical Society Johnstown _Water Conservation Board _Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont _Berthoud F-2 Mead Briggsdale F-24 Milliken _Brighton F-3 New Raymer Eaton F-4 Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Platteville _Hudson F-7 Severance Johnstown F-8 Thornton La Salle F-9 Windsor Mountain View F-10 Milliken F-11 COUNTIES _Nunn F-12 Adams Pawnee F-22 Boulder Platteville F-13 Larimer _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 Federal Aviation Administration Wiggins F-18 Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton _Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. Greeley _Tri-Area Planning Commission _Longmont West Adams COMMISSION/BOARD MEMBER 92_42.30 ,y DEPARTMENT OF PLANNING SERVICES I PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO November 19, 1992 Fred 0. Gibbs 1001 "0" Street Greeley, CO 80631 Subject: Recorded Exemption 1463. Dear Mr. Gibbs: Your recorded exemption application is complete and in order and will be processed on or before December 19, 1992. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call Hank Epstein, at 350-9783, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely, ) ' Lanell J. Swanson Current Planner LJS/sfr pc: A. Bruce Johnson 801 8th Street, Suite 220 Greeley, CO 80631 r;nrnn ..;,A t zi...-- : DEPARTMENT OF PLANNING SERVICES '\ N0V "2. a 1992 ( - i PHONE (303)353-3845, EXT. 3540 4�r o WELD COUNTY ADMINISTRATIVE OFFICES *re" ,� 1400 N. 17TH AVENUE pe �` U v G GREELEY, COLORADO 80631 COLORADO Date: November 19 , 1992 CASE NUMBER: RE-1463 TO WHOM IT MAY CONCERN: Enclosed is an application from Fred 0. Gibbs for a Recorded Exemption. The parcel of land is described as the N2 SE4 of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of Weld County Road 31, approximately .25 miles north of Weld County Road 72. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by December 3, 1992, so that we may give full consideration to your recommendation. Please call Lanell J . Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it ctoec d.es,does not) comply with our Comprehensive Plan for the following reasons. Meets C;fy shndards for recorded exe»,9-E:ons. gecds ea dedicate se of -Foie/ P04) frn... Cewlr r/:ne of W C R V. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: ` 5. Please refer to the enclosed letter. ) � ��//�� Signed: � 4 tut Agency: 4. G7 Date: /Tay 2 Welt; o�trPlanAlno 9%--.30 mEmoRAnDum Wilk Lanell J. Swanson 7o Weld County Planning Date Decemb r 41992 COLORADO From John S. Pickle, M.S.E.H. , Director, viro ental Health Subieetease Number: RE-1463 Name: Gibbs, Fred 0. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A 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 Individual Sewage Disposal System must be located at least 100 feet from any well. 3. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/jg-2454 [ EEJJOs; nh- nEtv7 (it DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO December 10, 1992 Fred 0. Gibbs A. Bruce Johnson 1001 0 Street 801 8th Street, Suite 220 Greeley, CO 80631 Greeley, CO 80631 Subject: RE-1463 and RE-1464 - Request for a Recorded Exemption on a parcel of land described as the SE4 of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Gibbs and Mr. Johnson: I have scheduled a meeting with the Board of . County Commissioners on Wednesday, December 16 , 1992 at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J . Swanson Current Planner 1JS/bjs rti 4 T]A Hello