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Home My WebLink About921181.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1464 - 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. 1464, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1464 was submitted by Fred 0. Gibbs for property which is located in part of the S;SE* 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 77 and 3 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 and north from the centerline of Weld County Road 72. 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. 921181 RECORDED EXEMPTION NO. 1464 - GIBBS PAGE 2 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. 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. ATTEST: p BOARD OF COUNTY COMMISSIONERS �l6�, -�r % WELD C UNTY, COLORADO � L Z— Weld County Clerk to the Board NAY nedy, C airman BY: �T111J .P t,` -� ..1� cis ��s c�i�LS1YE) Deputy C rk to the Board Constance L. Harbert, Pro-Tem APPROVED AS T FORM: AYE C. W. Kir AYE County Attorney Gor AYE W. H. Webster 921181 CONDITIONS OF APPROVAL RE-1464 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 and north from the centerline of Weld County Road 72. 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. 9c', . -31 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WiEge. GREELEY, N. ORA O8 80631 140 COLORADO AVENUE 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, n Lanell J . 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Gibbs REQUEST: Recorded Exemption LEGAL DESCRIPTION: S2 SE4 of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 72, west of Weld County Road 31. LAND USE: N Agricultural production, rural residences. E Weld County Road 31, agricultural production. S Weld County Road 72, agricultural production. W Agricultural production, oil and gas production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The proposed smaller lot contains a residence and an uninhabitable residence, corrals and outbuildings. The proposed larger lot has been in corn. The property slopes slightly to the south. Access is from Weld County Road 72, a gravel County local. J// rrent Pl• r ADMINISTRATIVE REVIEW FLOW SHEET CASE # kr, " / </ C_- APPLICANT : CI 6L C %-U• REQUEST : `i2 r F i ' . - . i <2 I' ltt '�y �) LEGAL : Sa $ c Li y - c GP LOCATION : AJ t7 u ) ,/ ,12_ `7 � c t t �� LA-) % �' • 1 / Date By Application received e /- / 3. c, i � :rte Application complete // - / ./23? Ya Letter to applicant drafted Referrals listed // - / 9 9z - - File assembled /1 _ I9_ na Letter to applicant mailed 11 -19-6130 ^ Q , Referrals mailed Chaindexed /61 _ � P n DPS recommendation drafted AP-- g 412-g 2 J22.-) Administrative Review decision : �Jki4�� _1"-J History card completed 1_- 161 , (-/ C - v! COMMISSIONERS ' HEARING DATE : ` V92 ,�Ercti , ,(.< tom � � / 9 ‘150.---� -'� Date By Air photo and maps prepared 12 - 10 - 97_ ,u2A) Field check by DPS staff CC Action : CC resolution received History card completed Ja Recorded on maps and /or filed 7i 2 2 C/3c} A <'t r N0V 1 8 1992 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Weld County Planning Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: I''� APPL. FEE '150 CASE NO. RECORDING FEE p 1 ZONING DISTRICT RECEIPT NO. I�3 O 5{ DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I U4e4 , the undersigned hereby request that the following described property he designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: South One-Half of the Southeast One-Quarter (SISE*) 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 Domestic & livestock WATER SOURCE: Larger Parcel NWCWD water tap Smaller Parcel well & NWCWD water tap Proposed Existing TYPE OF SEWER: Larger Parcel Septic system ta Smaller Parcel septic system ei PROPOSED USE: Larger Parcel irrigated tarnSmaller Parcel Rural residence ACREAGE: Larger Parcel 77 + acres Smaller Parcel 3 + 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. / p COUNTY OF WELD ) �2[ p STATE OF COLORADO ) (- -(»Signature: Owner gr/fivb/t/bWi/z/e/difiligientl Mg'WN0' Fred 0. Gibbs Subscribed and sworn to before me this /7 day of November , 1992 . (SEAL) Notary Public My Commission Expires June 18. 1994 9Z131 a . bruce JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 ETh,1 i1992 November 17, 1992 weld CountaPlanning Department of Planning Services 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 South One-Half of Southeast One-Quarter (S2 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 the improvements on this farm. Applicant resides at another location in the area. CC ord Ae1msktl-Wyomlrvi • F.,rrn & F,,I,I v'ater � "� ^�l 1 A .r .... • F u h s • M u e e r n l s • r r c� ` FF"; ye Department of Planning Services Page Two November 17, 1992 b) Maintenance and operation of these improvements would become burdensome and can be handled better by an owner/resident. The services needed from the county, school districts or neighboring towns shall not increase because no additional families will be located on subject property; tenants are currently living in said residence. c) Current farmer/tenant resides at another property which he owns. Applicant/purchaser intends to farm this land himself and does not need the buildings. d) A former tenant and resident of subject buildings has requested to purchase, remodel and enlarge the residence. e) The size of the parcels after all is completed would be (subject to survey) : Homestead and other improvements 3 acres more or less (present yard and buildings) _ Farmland-present farm & roads = 77 acres more or less Total = 80 acres more or less f) This division is based upon the historical flow of irrigation water around subject yard; exempted buildings do not affect the access or drainage of irrigation water. g) The existing accesses to the buildings (Lot A) and the farm (Lot B) will remain the same; an additional access will be along the west side of proposed Lot A on Lot B. 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. The land will be farmed by the applicant/purchaser; Lot A will remain as a rural residence. b) There could be an increase in residences 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 perceived increased services needed. An added residence is highly unlikely. Department of Planning Services Page Three November 17, 1992 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 acres will still be farmed, none will be taken out of production. 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 the farm- steads will remain as rural residences. 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 rural residence while proposed Lot A will remain the same (rural residence) and both are consistent and compatible with existing surrounding land uses. S . 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) does have an unregistered domestic and livestock well, an existing North Weld water tap and operating septic system. The septic system, if needed, will be tested after approval of this application and before recording the plat. The proposed larger parcel (Lot B) qualifies for a domestic Department of Planning Services Page Four November 17 , 1992 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. 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, %�f � jL Yl. Lt Fred 0. Gibbs Attachments R�r,l�.... J4 ihA5 Pi-Oferi!/ 5te_� S Sic-� �ov�// TO u ri s C6 p 6 Abr 4-h.. 12.aKg e- 6(O 11/9s4-- y-- cr e 4 °v` prEposed Lo-� 77±-A �rc csccL WcR, / 7z 6 U�3• ft/ 4 no!, 3yo,v 3 / N CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO ) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE or AiBMEAD:1043DIABANIC 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 South Half (S' ) of the Southeast Quarter (SEl) of Section 4, Township 6North, Range 66 West of the 6th P.M. County of WELD State of COLORADO CONVEYANCES (if none appear, so state) : Reception No. 1607331 , Book 685 Reception No. 1611754 , Book 690 Reception No. 2311200 , 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 nF GRFFT.FY 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 FO GREELEY COMPANY By: --c)51-‘- fat AUTHORIZED SIGNATU UNITED TITLE COMPANY OF GREELEY 1100 Tenth Street • Suite 102 Greeley, Colorado 80631 (303) 356-3200 9 1 :31 B 1359 RE( i2311200 11/17/92 14 : 47 $5 .00 1/001 AR2311200 _ F 0268 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, Made this ,i day of November r 1992 , between BETTE C. BEITMAN and CLARENCE R. BEITMAN of the "County of Ye I.lows tone and State of ,t61Wlafl6/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 Yellowstone and State of Coldratfo, grantee(s). WITNESSETH,That the grantor(s),for and in consideration of the sum of other valuable consideration and One and No/100 ($1 .00) DOLLARS the receipt and sufficiency of which is hereby acknowledged,have remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do remise.release,sell,convey and QUIT CLAIM unto the grantee(s), their heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: S}SEi Section 4, Township 6 North, Range 66 West of the 6th P.M. also known by street and number as: farmland TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use, benefit and behoof of the grantee(s), the it heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)have executed this deed on the date set forth above. ggr%� C� �jJ�. �� P /96)5a.c..c,....,_ TE C. BEITMAN - CLARENCE R. BEITMAN • STATE OF'MUIRAlJOI MONTANA 1 ss. County of Yellowstone The tgregoingrnsuument was acknowledged before me 1;167 ` - day cf November , 19 92 wr '$etG�'C.� Beitman and Clarence R. Beitman. My commission expires Alt[.� c � , 19 1STWitness my hand and official seal. - t' C1J lv d e Notary Public •If in Denver,insert"City and." No.933.Rev.3-85. QUIT CLAIM DEED amaad Publishing.NM W.ad.Ave..Lakewood.CO$0314—(l0J1:u.6900 �pf]] 10.85 1 > r . r S asF r :14-aF 4a.> • : . - �' 4 : t L .a4 . .2: 68S .......4r / _... P. tks ems- Feed Nt..A.niia�m ......- a® ♦7--i .. i Mrs w t Din, as.1 )th a.►.e February , -`s're she eeis 13,bade% HATIHORN MPG, IlK trOtATI D _. .., . ._ •-'--• _ a ...:..:+q weir set be are al the he 71 I .. .: a e'th•adeof Colorado eta.nisi perk mad - . :., HATIHO*N FARMS, A FARTICRSHIF - • tn In .t ae o.otr of Weld r sera d .0 Colorado d the add %late, el . • m. wrrtnnn,That S.di polo of the tba dal.d el Y ontelinities of a.....[ Other good _ ;; and valuable consideration and Ten and no/100 -DOLta t •. %the de piety of Oa flaw pore it lad paM be S.aid port y .f+.are past a.set whereof Y bed . .. _ r ►e a.d�.d sad.a 4.q..d,bath graded.barsssd.aeM d i....enI, b tam.was.a.a pat.fe , . ae —.set teene ad e.dine amts de de o pa.t7 t ts.Fed port. Its w.+.v rapes..- c .•....a of a.ten..'t.e a.a.ibd let S es Penal. Haan emat.big.d lade S S. •.. • o Oaty at Weld - Mate of come+.,a aid: p :. cis As described on Exhibit A attached hereto W 1VCrrurR with as W .Ia.ear t e M..tbm.ot. ad .p ce. three.. edf.& er S aged arpsWah.. ad %a ,.. c. sem e+al teddies. rude does ad rend th.n.d; sad all aea, a the et �._.. %lest, take. I.t•r•.t. eWs ad d.m.ad %bate...% of it nM pasty el the lint pmt ether S Sc er.Sty,at.is W m the ab.s• bar.eln.d prilal..• with S. h.wdltemma.-t arp.rsra..' . TO HATE AND TO HOLD the .de pried%abed l..rsale.d ad 4......0.64. with the settheee.t um the del pert y at the sec.:part it A ben W.mile 1.e...e.W Se aid Haythorn Farms, Incorporated '„„IR '� pare of the th.e part ter boaK. ,, •. ad ha e.oent,dots ea...aat. gnat hang.. ad aid to ad with the and part y f the del dn. its hairs and alga..that at the ttd d the %da s .d delivery if the.. erases li le sa I .."4 d tha.tads oh...%e..,-..sad.pead.ten•p••feet.Lear ad "dales 1.date a Jctae .lo • Id.S fm dm%e W nth good right fold Polder a.i lard.% aeth..lty -preset hernia. .en am own se r Y .a.a ad farm &sonata, ad that the sad an tree ad elrr fir el finer ad ether reed Waale glee lea,asp asaddesta ad larambradd d •Lamer kw%sr sad... : e except taxes for 1973 and subsequent years k�1i 1S (� • ?1p•� `6!rrdr.d pnmd.aI. tin"lint ..d .a.Tenb:e C'••..or p.-- 4 LLa mid pan y Waists( d S.wad east nsaa • • 't' •11.51.114 the ad pasty al tA.tl..n pen slab —will Waannad S1'.n%u roasts DvnlD.no r� •,yayewf ,:ISO„• l*HRREOr.TL said party d the tint part L4 start ha depend Nub* to a b.tata e sit,: 4d. Ig r>eddeet. ad It sarpana W to be b....•sfl d.etote by It. • Year first ahem eh r _•• Cr17...:' Hayti:mum tarn. Inr-arr.n.atGti_.-_ Ii-.. ...:2 yM.dY'l w .. I P>...�+•f>.+�-. /J Yell�a_ `' ..tel I' STA Tr Cr Cn1.o1U DO. I II. a.. Ii 11 Te ti w•. k v n,.a. t..... . ..n t.-I b n an ?5th an of February I n 73 .b. Perry L. Haythorn .. larded ad •; John R. Haythorn .. s...e.tr d Haythorn Farms, Incorporated a or..eade a da ftr sertal da.%.end. ' .`o. wild% ey bead ad I 1 _... _ ..._ �u.....war p.ten w saaara a - ......w rasa.... a- _ .-a-.. ,r) .- .: • t d. oo......3i z 4. LT: t .\ 1 t-- . • �p� , e I e! ivo INHL 5 • ;. �`' The Northeast Quarter (NE1) of Section Thirty-one (31), "-' Township 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 Veld County, Colorado; more particu- larly7 described as follows, to wit: Commencing at the ' Northwest corner of said Section, running thence South 2646 35 feet to the quarter corner on the West side of said Section, thence running East 34724 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 • -S . 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 more or less, excepting rights of wT for roads, ditches and highways on or across the same, LORCLuaf wide Wier taw ; ...r The West Half (Wh) end all that pert of the Southeast '• Quarter (SE}) 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 i '....; running North along the West line of said Southeast Quarter - • ' (SEk) a 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 g South line of said Southeast Quarter (SEk), thence Vest 231 '•.,• feet along said South line to the place of beginning • containing 4.16 acres, more or less, and also, Lot Eleven , - ; :- (11), in 81ock One (1), in the Minnie Lee Eaton Subdivision, •.'t • u7:4. w•a Veld County, Colorado, according co the recorded plat •...r?• ` thereof together with right of way extending 65 feet South of the dugout doors on said Lot Eleven (11), such right of .s 1-1?se,- way extet2ing over on Lor Twelve (12) and tact to alley for driveway purposes only, as per said recorded plat, all in •,. . :'. Section Six (6), Township Six (6) North, Range Sixty .� (65) :Jest of the Sixca Principal Meridian, in Weld County, ;•.. • . *...-;•1.• ••;:::.•. Colorado, excepting therefrom the following: (1) A parcel of ground 162.5 feet 1n length being 50 feet in width as to its Westerly 1OO feet and 55 feet feet in width as to its Easterly 52.5 feet, being - • situate in the Northwest Quarter of the Northwest - Quarter (NWkNW}) 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 -4.,..e.el t particularly described as follows, to wits B<g irin Lag at a point which is 35 feet South of the South boundary of said Collins Avenue end of the '.=c-t`. boundary cE said - Section, which point is 5 feet South of the intersection of the South boundary of the public highway along the 'i%4 ' ;' North line of said Section with the West boundary of j'•;.,, : said Oak Street extended Southerly, extending thence Westerly along the South boundary of said public highway, .''t'' r•' 62.5 feet, thence ar right angles Southerly 5 feet, _ ..`�•'_:- thence at right angles Westerly 100 (sec, thence at '""-r right angles Southerly 5O feet , thence at right angles and parallel to said highway Easterly 162.5 feet, thence r-- - - - h. volt.' of beginning. Also :4..17;...c, rie.., ingress and egress to said Land from 'he l'•abl1- hl..O.9.--• Cr the North and from what would be Oak Street extended eutherly to the South boundary of ` said land, and also, .:� EXHIBIT A ...., .. -: Doge 1 . ;�' - -_ - aka; i 685 1w'7331 5-3 � -�•• (2) A triangular shaped parcel of land bounded tw_.• on the east by the Union Pacific Railroad right of way, 4,,;, an the South and West by the public highway, and on the North by the North line of said Section Six (6), and ` —• also, - K' (3) The right of way of the Union Pacific ,.' Railroad, and also, • (4) The right of way of the Crest Western Railway, • and also, i • (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 salsaila. nfl=rrer (wi.) of __ia `et-::.tr. Ca (6) and all water gig u:rder the Harry Eaton Seepage ditch previously used on ,'. the Northwest Quarter (NWk) of said land, '-- 17,',.::°S-"e''.: containing in all 281 ores , sore or less, together with +.- water therefor; ;" : 0••t All that part of the Northeast Quarter (Na) of Section ;;S Your (4), in Township Six (6) North, Range Sixty-Six (66) -..,,.•,,.,L West of the Sixth Principal Meridian, in Wald County, Colorado, described as follows: beginning at a point on the +� (� North line of said Quarter Section 1611 feet East of the t Northwest corner thereof, thecae South 03°35' East and ' parallel with the West line of said Quarter Sect S.o° a , distance of 2476 feet to the South line of said Quarter • Section, thence South 88°31' East a distance of 1188 feet to Y' -'`' a point on the East bank of the Montgomery seepage ditch, '; thence following [he East bank of said ditch North 01°35' • •` Wiest 227 feet, thence North 323 feet, thence North 03°45' N. :.'; Wes• 335 feet , thence North 00045' West 322 feet thence .",':: .r` .�,.:•si. North 02000' West 113 feet chance North 20°20' East 75 feet, .V•; � °00 feet, thence th 02°05' West ;;�;:• r.` thence North 01 ' West 262 Nor .': "Ni f-et , thence North 00010' West 267 feet, thence North �L' QQ°35' West 273 feet zo 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, sore or less, -,::� •, together with water therefor; The Southeast Quarter (SEk) of Section Thirty-Two (32), .1 t In Township Seven (7) North, Range Sixty-Six (66) West of _ j': s the Sloth 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 rnnreined in deed la u:w.:. c..i , page 181 , of the Weld County records; also all that part of the • Southwest Quarter (SJt) of Section Thirty-Tiro (32) , in s. Township Seven (7) North, Range Sixty-Six (66) West of the Sloth Principal Meridian, beginning 270 feet North of the •.wa .," South ;carter corner of said Section. said point being located on the North side of County toad tight of way , thence _. smog t`e North side of said County Road right of way on :he -- :n'.lowint course: North 72°09' West 2019 feet to the last •1, 4 Ras- ...air Inlet , thence along said 4-'4.'n"..14,t4,4;• ,,.. on. lake Reservoir Lnirt-on the following `57s-sir- -. . -:'... 11°3i' Sast 132 feet, theve.. North 260th' 4. %s "r ;.i Zed: 451 feet , thence North L1°35' East 360 feet. thence ., _":411tC,; _; 'wort- . - ' Ease 260 feet , thence North 16048' Wes, 610 feet '3:' . 1 ••Y„•. EXHIBIT A t • , • ,: ' '& Page 2 c.aa1ISSzir.J' ::; `:fig Y C� .w . 21.. ,A 31 .. r •. ti:a r. , ads, 685, 1687' 31 5 _2 fix•..?4,r�-' ,: to the South side of The Croat Western Railroad right of '. way, thence North 88°50' East along said South aide of The r Great Western Railroad right of way 1804 feet to the North14, - :r 4 4 and South half section line of said section, thence in a Southerly direction along said half section line 2330 feet, '1-.-eS ore or less, to the point of beginning, containing 83.6 .' ,..4 •,�tid�,;. acres , more or less, together with pumping plant and equip- a,;, ;..calif rent and appliances thereof, together with water therefor; equip- **..... ,,a5.* „ , The • • • TSouti,asst Quarter (SE}) of Section Four (4), in c x,'y�' Towrchip Six (6) North, Range Sixty-six (66) West of the x �,-'erC,; Sixth Principal Meridian, in Weld County, Colorado, ;'F, '^� ?-- t together with all ditch and lateral rights used for the ,....0.21:..,,,,,:. irlt =lf:4W.• irrigation thereof; and K ?,". ,__ The Northwest Quarter (NWT) of Section Four (4), in T .retT� Township Six (6) North, Range Sixty-six (66) West of the 'c i p a l;. Sixth Principal Meridian, in Weld County, Colorado, ,iMer.12';*7,•:: together vtth all lateral and ditch rights used co convey asps :e ; It `'` warar fre.,, r6. ',tit". c__- -- .1 -4.4.. ..u. premises. , a:,signs and ` :C./:.7 `S ?arty of the first part further sells conveys as a part of said lends and for the irrigation 'ss thereof: I. Twelve (12) shares of the capital stock of The • :' - 'Windsor Reservoir and CansCard]. Cosepa9:n 'Z.:1"-e.... ,�..2 ?.xlve (12) shares of the capital stock of The ;,i•�,,f@ Lariaer and Weld Irrigation Coneeny; Twelve ( 12) shares of the capital stock of The ,`'; .a tariaw,r and Weld Reservoir Company; • •t ` ''- • Four (4) sharer of the capita: stock of Lucas , lateral Ditch Company; gip'..' ""� M A .17 qeY� Tin) (2) shares of the .A stock of The Town-Boyd ,. ,s_.,t :. e�yLi�,r" -y� Lateral Company; .+ C ?C_4L •`� Y Four (4) shares of the stock of The Town-Boyd 3 c. f1 g cc.a :.°cepa ny. S yet All cwt part of the Northwest Quarter (M s) of 'ti"c' ectton Six (6) , Township Six (5) North, Range Sixty-five �•-' (t5) West of the Sixth Principal Meridian lying East of - w, '• ?. the right of way of the Union Pacific Railroad Cawany, and - all of the Northeast Quarter (NEB) of said Section Six (6) , - _. , together with the cement combination drainage and brigs- . , , £ .,jq, ;, ties oeilne as constructed on and under Secticn,Lxty- Twenty- y4, s]y't"- five (;t) , Township Seven (7) North., Range Sixty-six (66) .�.^ .;. ,' 'Jest o!. the Sixth Principal Meridian, and extending across av `+'-++ . r h.. •`_ west , .a;! C.,'- of Section Thirty-one cry-one. (31) r Township Lp •i a,-'v'µ,F,2�u, c.. .. (` • s,--.,, cs a. -_a,._ (Y.; _sot c_ _`e. `_Lots t 4 y,'�^-' 'G i-cipa l err\'' ur .ng to and upon the Nort`.east ," • "` ` 'A ...carter (ti L.•) J_+Said Se..tan Six (6) , together with all .‘,..1.,...1/2.03, water .,c.:•._-,' f .nF, in said drainage and. irrigation pipeline; > rr • y e . a Four a shire• et cer cap,.tal eto-k of The Lariser ,,•„v' r, _ =r t, -..•pan. Eight (9) shares of the capita'- ' ' .•CI zhc.. windxcrReservoir and Canal ..cepany, and Two :` ... _ a ..4 ;soak o- The For it Lateral Ditch `w"1;y .. ., " a . . t.-alcl... N., . . _ _ .va . w_ r: .. .c i.c*.: :.nr•;s respect lvc ane `t %.1-5A' ..;, - 4L !: i7a�(yaj " ". w o "� 4yV`.y •_ _. . .. • r. r r - The 300 acre feet of such water allotted is P `' basis in the Southeast Quarter (32k) and the Northwest a tar (Mgt) of Scr•'eo Your (4), Township Six (6) earths gang. Sixty-six (66) West of.tbe Sixth Principal Meridian; w n :. The SO acre feet of such water allotted to his ° lands in the Northeast Quarter (NM) of Section roar (4), Township Six (6) North Range Sixty-six (66) West of the Sixth Principal Meridian; The 200 acre feet of such ester allotted to his _ lands in the Southeast Quarter (Silk) and the Southwest _ Quarter (Si1) of Section Thirty-two (32), Township Sees (7) North Range Sixty-aix (66) West of the Sixth a. Principal Meridian; . '� " The 150 acre feet of such out= allotted to his lands lying Vest of the Union Pacific Railroad Company •.� right ;cat, way in the North Ralf (1%) of Sse!tet �Z aa • ": (7} Toen5"4? 9'_ (5) c cage Sixty-five (65) Vest t ti �' • of the Sixth Principal sridisn; ,s, z ••' ' The 200 acre feet of such water allotted to his i,.r. :t7.1;::••••;1,... ..... lands lying Vest of the Union Pacific Railroadright of Ceepan ' ship Six 6)in t North, Range he South fSixty-five) of Section 65)Vesi of --' h . . the Sixth Principal Meridian; and ti• �, The 75 acre feet of such nester allotted to his '•.a' '" L nds Lying Vest of the Union Pacific Railroad ' •: . right of tiny in the North Half (R}) of Section ST7'1:5, e, , .yt Tow.btp six (6) North, R.nge Sixty-fire (65) Vest of .w:,•r the Sixth Principal Meridian, mil^ti' r ' . Cu3etFer with all growing crepe y♦. .tirt:':•-•4..:1'.• �l 'Y .... ..a y �N Jr «° Aj • j s .s '.7a EXHIEIT A „ r Page 4 a .. ry¢ , T f r An 1 973 . .t R.a.ril a a —.'drk_Q!._]I_ .r' (�y� MM Lai .•-1 QT1 A.e+Dh•xl \w. . ++�c•. w.�,� le Y . Y • ' , •::::, \ Tan Data, wadethl. ,ch en AprIL ,is 73 "•"�`•' I'. ben.. HAYTHORN FARiAS, a Partnership ' I a w coiner .d .•1 e ld and Star.we Cdarwda. of the tea pert and I � { _ BETTEaETTE BC t '-i d the Conner et Yellowstone and Sea. d o t,77 rtag • • .,. jr fat tla woad part- MT(Starra. That the Saki PnY at the that pen.ter an In conu♦a.sfwn d the.,m n( OTHER GOOD AND YAWALLLE CONSIDERATION AND 'r AND NO/100 WtLAR: I , :. c I to the Laid pan y of the first pen hi hand Paid D7 end pan y of the nand part lb. t.wdpt whereof a _ .. • 'a Wet "'OS W .e�a,rbM km a stinted.rated. tar1. d.In. weld and co.wrad. and b7 thew w�"ts de es I: o d the award pert herbal.. and ragas fen- -. feat l the I. Lai own snd <mtne, err wt Y • . . r.as the t•llar.l.t d•.rr:I.d Ica er runt et lead..ttWf..17ta[sad awn In the , Count? of We lo an Star. of Canna. I.int. d . _ The Southeast Quarter (.>E;) of Section Fot,r (4), in Township Six ;•� .1 •_ (6) North, Sang', Sixty-six (66) West of the Sixth Principal en Meridian. in Weld County. Colorado. together with ail ditch and I .>:p :�: ->•�'`• ' (•ie:w • •,• �` �,y; ` l r— lateral rights used for the irrigation thereof: and Four (4) share': a - •::+, ••-,.='r, :t :,,, R I of the ca?it,ii stock of The .irdsor ?cservoir and Canal Company; ••� r.�.,. II and Four 0+) Shares of the cat.;t-al sto.,k of The la. tmer and Weld p • , ;�: � II Irrigation Cem Company;ray; and Youe ('+) share:: oC th[ ::.pica. ;rock of II •':R ••% ••?:' ^•••";••• f.cC Y :.;•• • ` it Lucas Lateral Ditch Company; ane, Eighty (FO) acre fee: oC w=ater l e . ' •.:�,, �tiA:T;:'. i allotted from i•orthrrn Colorado .ate.r Conservnncv District. I 3?.... . ..� 'r•' ,• . te : i1 • aid; No exact dol_ar cons ldera:ion. ru r.sfer is ire set :ement of '.'"' :7 +�• '•'�. y grantee's interest in partnership• '.`pe ....• ••• ••.•. I nap In m,7�i.e •..•• ... . .L ii '. II TOCIMIKS ants tll and tempi'. [ha Innenl.n.-rat. and .weur."u,w-. theme non... n. 4 appertaining. and the ra.ralun and ter.'vana, ra n o.r and rndaden.renta'wa a an prints wr.d.and all• ..• - II 0. of the ❑n[ part dtlwr IL law ' y :•A the ware, n[Dt tlLLa ,news.data aM dew.M abalone,or o: the ..+d pert y ♦ _ npnt,, at. In aM I. the ab:re bartala.d pennon, wah the . na:aannts and .ppwrV`aeaw I its nn,is Holt In null) tne wld pme:.... .bra..larr.n,.d and d..rnrd with the .pp.:n.ms,e,... sr" the ,, aa,d Pert y •r w.nand pert her brit and ..srte tarns. And the rig part y of tin first p.n.♦ and soar te and -'�:;-.._:. 1... it-l( rl( t5 Mrs u,ralat. and Mr„udwtrut..Mpc .—w..nt[rant.h.rpin of w.rand pan. her edn and a.urn•, than at w tin, .t Lb..r.r.list anal 'Ira.'" :'.Fa. a..... . .nth Us weer.Pen y of than. Prwuta �: . 1^. nil riled of the Dm.ri• are.. n+.rrd, a. of goad. wt, rater, and•• I Indefeasible cunt.,f ..sat ante. In In. e tw dame on ha weer...n.tat n n.tar l per... and Ia,efui e.otMn17 to grant. barns sell and ♦ ear the a h> manor and f .rar-ead. and that the rune re Ire and<tear 7 an dl fwm.r ..d .:h.• grad.. tarts rt.-. he - rl +er ,e. .M u. axesfor :7.. n ef-1 ,;uusP ;uef; yearn.��I Step a•.-.r. n<:•.•�.t i Or.1 • f and Or *are twrn.r..d prmlr.La Ur w+ea wl p.wr..l. I-'•ee••'••^ ..r the r pan y at the nand part her her and awl[n. nary. dl wad ...et p-..w. .n pa-twa lawfully cta+alnt ae to elalr gar neat• ( •v any pan thr.n(, tr and P•n j ..( le. nrl me, d.a.' •4 -.n w .WRt•T AND FUart't.l: UCf:•fl xu I !....a ' n( 11- ' . ha . h-,-prat.. a.. . .. — pre•.•.• - L`. w'iTV Y.•y aHitixO r.tb. rant pen y " ' I y nt rat the.l.r u•.I d.....nn... t I .' xa ; II .• v it y.• r ••' I . . r.' Pei--;• ,e�.•r ,•' r-: .. .,.. (.. newt a m }; STATt a v1UILUr, t e t:.t . ... ,• eCa 1' wr+.'r',e s 4ptr • .. . . L1> Mud... -r .. _.. .. . ;mod..a''e .i° .1j,-^ !' t l•,rr ] • A.y The printed portions of this form approved by the Colorado Real Estate Commission(COS 3.5 g9) THIS IS A LEGAL INSTRUMENT IF NOT UNDERSTOOD,LEGAL,TAX on OTHER COUNSEL SIIOULD BE CONSULTED BEFORE SIGNING. VACANT LAND/FARM AND ItANCII CON'rItAC'r 1.0 BUY AND SELL(REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) 92 August 31 19 I.PARTIFS,AND PROPERTY. Fred 0. Gibbs 1001 "0" Street Greele CO 80631 / iishril(sirisi IS'hrchaserl,(as joint tenanlaltenards in cannon) agrees to buy,and the undersigned'Mats)Pellet},agrees to sell,on the terms and conditions set forth in this contract,the following described real estate In the County of Weld ,Colorado,to wit: Si of the SE* of Section 4, Township 6 North, Range 66 West known as No. far 1 d ts,,,,,Asx,,,,,atr,s,...,zirl together with all Interest of Seller in vavacate her iiiii ein excluded,Indalleys and adjacent thereto.te Pmall leasements and other appurtenances thereto,all Improvements thereon c e and all attached ONS. thereon,T p 2. INCLUSIONS. The purchase nglfi includes TV the ntenn s,water softeners.smoke/firthe e/burglar aty on the date l ms,securityf this devl es,inside telephontract:lighting,e wiring aand connecting ventilating,blockssndsirlanJh Woo'g(,floors,cover Ing'. , window and connecting blocks/jacks,plants,mirrots,floor tovedngs,intercom rystuns,built-In kitchen appliances,and sprinkler ystemunJ controls;(b) on the m systems(including accessories),storm and porch shades, awnings, r not ct e eensa erthis in rods,dntract:rapery rods,, fireplace Inserts, fireplace screens, fireplacews,storm grates, heating stoves. and porch shades, awning,blinds,screens, remote commis;and(c) storage sheds,all keys and garage door openers Including 2 unregistered domestic wells, pumps, motors, panels and casings • 1 propane tank if the property of sellers (d)Water Rights.Purchase price to include the following water rights: . 2 shares of the capital stock in the Latimer 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 . I 1 North Weld County Water District water tap 40 units in NCWCD water (e)Growing Crepe.With respect to the growing crops Seller and Purchaser agree as follows: 1992 crops belong to sellers (landowner's portion) 1993 and future years' crops belong to purchaser • bill of ssie. The above-described included items(Inclusions)arc to be conveyed to Purchaser by Seller by water stock slip assignmeB' I' deed or other applicable legal instrument(s)at the closing,free and clear of all Ines.liens and encumbrances,except as provided In section 10. • The following attached fixtures are excluded from this sale: 165 000.00 ,payable In U.S.dollars by Purclnaeras J.PURCHASE PRICE bAla ti Ems bed. The purchase price shell be$ follows(complete the app (a)Earnest Money. g e r sons l check ,as earnest stoney deposit and pars payment of the purchase $ 2.500.00 in the form of ,aymen to broker's purchase h se price,payable and f h e A. Bruce Johnson account on behalf of both Seller and Purchuec Broker is authorized to deliver the earnest stoney deposit to the closing agent.If any,at or before closing. (b)Cash at Closing. - certified check,savings and loan teller's check,or $ 162 500.00 to be paW by Purchaser at closing In cash.electronic transfer funds. cashier%check.Subject to the provisions of section 4.if the existing loan balance at the time of closing shall be different from the loan balance in section J, the adjustment shall be made in cash at closing or paid as follows: • • (c)New Lan. . deed of trust. n/a by Purchaser obtaining a new los n.This loan will be;tented by s tlst,2nd,etc.).-------- . per S years at approximately f The new loan to Purchaser shall be r amortized interest over a peri t of Ye %per annum,plus,If required by Purchaser%lende. —_----rag po6rclpd of t not to exceed lesta and mortgage Insurance premium. ■deposit of of the estimated;mod real nude taxes,progeny insurance premium. and %ig the total amount. If the oan discountan Is an jpoinsel in eeeeee rate f any,shall ber graduated payment loan.the paid to lender al closing and shall not exceed interest Initially shall not exceed the fiofgures set forth above. The that(I,2,1m.) loan dlaaouM solnts shall be paid by and the balance.If any.shall be paid by %of the loan amount and Purchase's Ion costs.Cost of any appraisal Purchaser shall timely pays Ion origination fee not aid by to exceed is upon loan applicates to ion as required by leobtained after nder. shall be p , MINo.CBS 3-5-119. VACANT LAND/FARM AND RANCII CONTRACT TO BUT AND SELL REAL EST )I gT91-))o—a•19 • Drained rubll.htna.SW Wore Si.,D CO PECTIUN. .n soy dais,..,shall lien.tl..right to bait inspceliosn(s)of the plgsieal condition of the Property and hncluaie,.at at Purchasers a If written notice of any unsatisfactory condition, signed by Purcl , is not received by Seller or Listing Company on or before ,19 ,the physical condition of the Properly and Inclusions shall be deemed to be satisfactory to.Puschuer r notice of any unsatisfactory condition,signed by Purchaser,is given to Seller ur Listing Company as set forth above In this section, and If Purchuer an r have not reached a written agreement in settlement thereof on or before ,19 ,this contract n terminate,subject to section 17.Purchaser is responsible and shall • 19.AGENCY DISCLOSURE. The listing broker, A. Bruce Johnson & Associates, Ltd. • and its sales agents(Listing Company)represent Seller.The Listing Company owes duties of trust,loyalty and confidence to Seller only. While the Listing Company has a duty to treat Purchaser honestly,the Listing Company is Seller's evert and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCIIASPR.ACKNUWLEUUES PRIOR TIMELY NOTICE 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: DP'I TIE BOX IN SUBSECTION(b)IS CHECKED,SELLING COMPANY • REPRESENTS PURCHASER ONLY, AS Stil mull IN SUBSECTION (b). IP TIIE BOX IN SUBSECTION (b) IS NOT CHECKED.SELLING COMPANY REPRESENTS SELLER ONLY,AS SET FORTH IN SUBSECTION(a).) (a)Seller. The Selling Company owes duties of trust,loyally and confidence to Seller only.While the Selling Company has a duty to treat Purchaser honestly,the Selling Company is Seller's agent and Is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW,PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY T IIA'F SELLING COMPANY IS SELLER'S AGENT. Q (b)Purchaser. If the box is checked:Tim Selling Company owes duties of trust,loyally and confidence to Purchaser only.While the Selling Company has a duly to treat Seller honestly,the Selling Company is acting on behalf of Purchaser and not Seller,SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY T I TAT 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 $160,000.00 balance of the purchase price shall be paid at closing. 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 ' (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 NISEI of Section 4, Township 6 North, Range 66 West, Weld County, is a strict contingency of this contract. • • • • • • 21.RECOMMENDATION OF LEGAL COUNSEL.' By 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 this contract. ' 22.TERMINATION. In the event lhis contract is terminated,all payments and things of value received hereunder shall be returned and Urn parties shall be relieved of all obligations hereunder,subject to section 17. - h 23.NOTICE OF ACCEFIANCE/COUNTERPARTS. If this pro resat is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before September 16 19 92 ,this document shall become a contract between Seller and Purchaser. A copy of tl document may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken together halt be deemed l a fullpAonrplet c ulna between the parties. ,,,_J/(U � 9/,'O/92 Pontine Fred 0. Gibbs Dale Pecharer Dale ( Purchaser'sAddreu 1001 nn0" Street, Greeley, CO 80631 I (10 BE COMPLEIEL)UY SELLER AND LISTING COMPANY) 24.ACCEFIANCE/COMMISSION. Seller accepts the above proposal this /el day of e�.t-temker,19 r 1�. ' Seller shall pay to the Listing Company a commission of k) %of the gross purchase price or as agreed upon between Seller and Listing Company fur services in this transaction.In the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between Listing Compann and Seller,une'half ther to Listing Company,but nut to exceed the commission,and the balance to Seller. .9//9/92 seserff=lele :man w,. semi ette . el man Dale Seller's Address 1400 Poly Drive. #8E. Billings. MT 59102 The undersigned Selling Company acknowledges receipt ul the earnest honey deposit specified in section 3 and both Selling Company and Listing Company confirm the respective agency disclosure set forth in section 19. Selling Company , A. BRUCE JOHNSON & ASSOCIATES, Ltd. ersa.,v,rI ak �f ke44,71A____-9//O/92 Address 801 8th Street, Suite 220, Greeley, CO 8 63 e�` n. Dare Listing Company A. BRUCE JOHNSON & ASSOCIATES. Ltd. Isl tatranaul I, • Address 801 8th Street. Suite 220, Greeley. CO 063 A. Btunson Dale U co o � � Cn w 0 r4 • w m Q0 O > 4-) 0 0 cd ¢0 CV CC co0) 0 ccd CO 3 0)) W m Cr) 4-3 O c ,_,CE 2 0 f 5 oo 2 z a) b y 07 0 Z 01 •r1r O C) >i • W Z OS 0 +) -1 b .C F- cc w b.0 1.4 0) a' i--1 +, r w ❑ a ri o O Q J O Z b • C r4 ri A'0 T10 cd 0) U w U) cd H m •(-1 •ri ri 4-) N • 0 J C o A > C O N •o • Z ri W c° m N r�i . O ' o .a O 3 d 5a U i-i 'd •ri •rl 4-) •r4 S C U O 5a EOM 3 +> S z '.'I r--1 a a$.i C A cd N O o >1 rn 0 GL 1.4 R C V cad Z 0 0 r�-1 •rib CO 0 0) 551-1 0 Cd EH a 0) 04 c CO 'CI H A. i Ok oR c.)) s +3 OE a ♦�w't • +3 0. •r1 5v •ri a C) U O H > 0 > •ri 5a UJ 4 1 j. ' 0) b 5a 0 5� b 5a C 4-i A --J 0) 0) we) +) a)l l co U) 'C WA U) d 5a Ft�,, o .0-1 •H •r1 A cd a W c) a) > N U A Y 0) • E" . N U) +3 O +' U) 0) 0 'd •. d U cd c 3 "cd � C C N 7:1 3 d O .3 ro > O > aa)) F cc) -H U •rOi C cd C 'C E ?. m > C A •H C E . . 0 ri N •rr44 .3 A cd 0 0 -) •r1 ri I—0 w H 5+ (D r 0 a > a W a ++ fa 4-' 40-1 5. a) C C r4 W t ¢ v)Z N d •ri 4) P O 0 0 3 w w = a) Crl N •rl 5a LL 00_0>¢ E 3 CO 4 U 14 O •1-' U F O 1—g w y� a) 5i Cl) 43 CO U 'C C CC El 0 F th Ci u w > •• C •H 4-1 •Ci O 'C •C 0 ¢ COacw ¢ O a Q F .i N )••I G A 6 co Z 1 <• mccm = m wOw3U BOARD OF DIRECTORS t' �� ER ` NEST TIGGES :� • .r/ NORTH WELD COUNTY WATER DISTRICT GARY SIMPSONHIGHWAY 85 • LUCERNE, COLORADO 80646 ERNEST ROSS �r^DM► W.M. McKAY 2'111* . LYLE NELSON, MGR. CHARLES ACHZIGER I�,u r"j,__ P.O. BOX 56 • PHONE 356-3020 November 17 , 1992 RE : Water Service Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property: S1 of the SE' of Section 4-6N-66W • 1. Water 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 T DISTRICT Lyl . Nelson, Manager ;�. NDL/ds S.Kr Bruce Johnson for Beitlsca.a T 31 REFERRAL LIST NAME: Fred 0. Gibbs CASE NUMBER: RE-1464 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 94."31. N0V 2 u 1992 J C D p RVICES ' 3- 4 EXT.3540 STRATIV OFFICES 111 C` 0 AVENUE C. GREELEY, COLORADO 80631 COLORADO Date: November 19 , 1992 CASE NUMBER: RE-1464 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 S2 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 north of Weld County Road 72, west of Weld County Road 31. 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. W- have reviewed this request and find that it does does does not) comply with our Comprehensive Plan for the following reasons. Ate-Es Guy sfau.detJs for reso.Jed exemp4;oks, decd 'Es dsd;rats So' of 4.4.1 Rohl from coe}erlloe of WCR31 ad WCR 7a. 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: G r)r 1 [yu I V 5. Please refer to the enclosed letter. I� Signed:�,�ye Agency: DEC 0 2 199p Date: typ, ei�nOtti,Panning 2.(// mEmoRAnDum WIlD o Lanell J. Swanson Date To Weld County Planning D emb r 4o 1� COLORADO From John S. Pickle, M.S.E.H. , Director, viro ental Health Subject:Case Number: RE-1464 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 I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. 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. JSP/jg-2455 c‘iII DEC 0 4y�jy; � r r` tl� 'Veld C-• ~�.l (it, Le...."::, DEPARTMENT OF PLANNING SERVICES I PHONE(303)353.3945, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES WI 1400 N. 17TH AVENUE PGREELEY, COLORADO 80631 COLORADO November 19, 1992 Fred 0. Gibbs 1001 "0" Street Greeley, CO 80631 Subject: Recorded Exemption 1464. 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, n 1. 7,19 i Lanell J.` anson Current Planner LJS/sfr pc: A. Bruce Johnson 801 8th Street, Suite 220 Greeley, CO 80631 n (lice DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353.3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO80631 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, 11//La/nelll J . Swanson Current Planner LJS/bjs 924 i.31 Hello