HomeMy WebLinkAbout920491.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1417 - EDMUND DWORAK
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. 1417, does not
come within the purview of the definition of the terms, "subdivision" and
"subdivided land", and
WHEREAS, the request for Recorded Exemption No. 1417 was submitted by
Edmund Dworak for property which is located in part of Section 32, Township 3
North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more
particularly described in the plat which shall be provided by the applicant and
known as Exhibit "A", said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to
be approximately 220 acres and 1 acre.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby
is, exempt from the definition of the terms, "subdivision" and "subdivided land".
BE IT FURTHER RESOLVED by the Board that this approval is subject to the
following conditions:
1. A Weld County septic permit is required for the proposed home and
its septic system shall be installed according to the Weld County
Individual Sewage Disposal Systems (ISDS) regulations.
2. An ISDS evaluation by the Weld County Health Department on all
existing septic systems will be necessary prior to issuing the
required septic permits on the existing systems.
3. Both Lots A and B shall be served by the Longs Peak Water District.
4. The applicant shall submit a mylar plat to the Department of
Planning Services to be recorded in the office of the Weld County
Clerk and Recorder. The plat shall be drawn in accordance with the
requirements of Section 9-2C. (4) of the Weld County Subdivision
Regulations. The plat shall be submitted within sixty days from the
date of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fees.
920491
t� (II"1 'i, , r�Pp
RECORDED EXEMPTION NO. 1417 - DWORAK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by th
e following
following vote on the 3rd day of June, A.D. , 1992.
f BOARD OF COUNTY COMMISSIONERS
ATTEST: 14 WELD UNTY, COLORADO
Weld County Clerk to the Board (NAY)
Ge Ke-�e-dy, arrman
A
BY: 'v i° 1 CI Y .L ' I� , J .y>'�f (/�if i. s
(AYE)
Deputy C6rk to the Board Constance L. Harbert, ro-Tem
APPROVED AS TO FORM: ACj� fr (AYE)
/�
C. W. Kirby!
County Attorney Gord.r!:y. a. ,
V!L/ S AYE
W. H. ebster
920491
CONDITIONS OF APPROVAL
Edmund Dworak
RE-1417
A Weld County septicpermit is required for the p q proposed home and its septic
system shall be installed according to the Weld County Individual Sewage Disposal
System (ISDS) regulations.
2 An ISDS evaluation by the Weld County Health Department on all existing septic
systems will be necessary prior to issuing the required septic permits on the
existing systems.
4 The applicant shall submit a mylar plat to the Department of Planning Services
to be recorded in the office of the Weld County Clerk and Recorder. The plat
shall be 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 Department of Planning Services.
The applicant shall be responsible for paying the recording fees.
177,e111A ��`; A atin D f3Y
Lon(A4 rag_ �.iSD I �' 1:71f'$l cf-
n 2A• •
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
0141 cfpl
91510th STREET
IIIDc
GREELEY,COLORADO 80631
COLORADO
May 27, 1992
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption 1417
Dear Commissioners:
This request for a recorded exemption is submitted by Edmund Dworak. The parcel
of land is described as Lot B of RE-1015, located in part of Section 32, T3N,
R68W of the 6th P.M. Weld County, Colorado. The property is located south of and
li adjacent to Weld County Road 28, east of and adjacent to Union Reservoir, north
of and adjacent to Weld County Road 26.
The applicant proposes to use Longs Peak Water District for a domestic water
supply. Individual septic systems will provide sewage disposal.
The Department of Planning Services' staff recommends that this request be
denied. This is the third recorded exemption that the owner has applied for on
this property. The number of divisions on this property have already evaded the
intent of the Weld County Subdivision Regulations. Further divisions using the
Recorded Exemption process are clearly in conflict with the adopted policies of
the County.
In 1975 the original farm was still intact and contained two existing dwellings.
In September of 1975, the first parcel was split off with RE-188. This created
a one acre tract of vacant land near the existing improvements. This one acre
parcel was subsequently built upon making three dwellings on the original farm
where there had been two. In May of 1987 , the owner submitted another request
for a recorded exemption. This request was to split off a 5 acre tract of vacant
land in the extreme southwest corner of the farm. This parcel is still
undeveloped, but was sold by the applicant. This request is to split off an old
labor house which is currently not habitable. If this request is approved, there
will be four parcels where prior to 1975 there was one.
920491
RECORDED EXEMPTION 1417
Edmund Dworak
Page 2
It is the opinion of the staff that this type of piecemeal development is not
efficient and orderly. The area around Union Reservoir is a unique and valuable
visual and recreational resource in a County with a limited supply of water.
This area should be developed in accordance with the County Subdivision
Regulations and/or planned unit development procedures to insure the maximum
benefit for the citizens of Weld County.
The staff also has concerns about the level of development in this area. There
are four other recorded exemptions on land adjacent to the subject parcel.
Further development in this area will increase the need for County services. The
staff requests that the Board review this proposal and determine if the
conditions of Section 9-2 E (1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
Sincerely,
Brian A. Grubb
Current Planner
C.try 2..
I.
•x.52 . . . .__• +. •_• . ._._. -_'°✓'"r�`•
5 7 \ 13 ' ® -. "{?..:F• ., I e.
1 3 y . . `�
50 • ma-runes I E •-• ( 0�1 I_ _ I•
_-_• _ _� % 1 First Correction
} -- '�C• • • 11° bnrs/•.n I ; .OMoN$TG dN • � Ar• I.•-fS1 r
43 � . x.11` • A of•S a. ' .. ;��!{{��,,a'• • • ' GREW' !wE5rfRN RYI. •ttib• ct.a•,P' • • •••. , Ci1i1 '• •, ,1 031 '
r •1:N•mm•Ra I.Clrt • •••"• • • �v r • M INCN �• '.
46 oe • _• _ � w
° /J
C�I 1•• • �' • • .=
44 RI S u,.ls 1 • . ® I • o n=°} , •
• .c1. ° 1 ...
T.4N1 • •,.•.. . •0•• '., •• 1 N ,w ;'.— :• � •,a
— — -— ¢• I t r_ee1
CC r !• m •'• _ • — i i ES 3 �• ! •wix•/
• P x !.. a ✓.w :. I _°
• •42 w _ 1 .�•_ '°' • • . 1 -..- - _-• - • • I' •
f a •1 — - •
•••—
cO,o !___._• _!• a• ! a, 25 z. f 23 •a qty e ES •i• n _ _ _ •
: ,'�
S. •I° a
J .. „ » ,. »
• •""• .'1 i " !"• \ .• "`. • i vii I „ •! • ,• '
/ _. ' .o. • _ • • /_ • I
• 1 qq
34 _ _ ___ _ •
•® '�•' GRa ' . .I. . • �' �_ e 3 ! ' •��•11•[- •— Jai •/ °�•. I .9.." I. .,""`_•32 . `�� = -d j ' •
• �I •C1 :•;ail•:.
. •Clime' .
T.3 ` • r r_ •� I . . ill :I:: �E
1II. . ; f c �� ��� x kl
„n•,‘, d I „-� �'.. I. `` I'i Ili TrEviu
30 o.o.v C�. ,..P...4.4. . ~ .oz M. ,d \ p • ez . {1n fel
le .
\I <o C •� I• ' • �f::•121 r-v o• •o ' • I ' If' S �
▪ •'� • �JOn� -je.o i° I •v" • •Iri 4d '' 2W ,=, • ) � oo!.p�
28 - • t G K- 1' . - - — 7?c 1 II I
---- - --�11 a<ReouR cOMos? '4 , . y3. �, ! . >. t, 8G .:7,-',7----,'?
26 �• Sr<rE REC r ✓ G Y
H \ � _ R '• `- �_ : -o�Cam•i": -.- 01,—_ .- - - , :. �y f G •▪ ...1/4-- • q ' • i ' CI• — _� ��- •
u , •
(_ , .1 • • 1 A•N p •• 1 •
24 •o.o.c•o•, • •L_ '$ F es, ' z : . • a. i .•
- c
O • 1 • • WO ii �H .. 'MILL! I -._. I� Pl
i" .1....r. JI ' I-\ ,il I A to:1:cite�P. I• • G �c Cq G 1� t" i q .a.t0 • - T2N. - • •="— --- .: J 1•rsn.
▪ ` • E ,: O..-n EVANSTON I • l • •.
ems. L msa : '• RED ER C •'8,v/ '��'z 1 M.-...e I " r ,77I /f 11 = L » a• '• • ,— •—sa I•° �IE
14 •.r•us"' CL ,} 1 zz / � '
_ •i r • T•164 �I ' p o.co:8•� �---' •• O= //• :!I .a.x..,..eg .rF . ill'frC ; aar:.
cr `▪�/// q) - ` t• L - -k M X d •' ` ' C • • • •• II ° L. ,=I;
12 ,r /Fi i . . . , R, „�; —''•c c '
N \ \ - �i'Hi-\ _---_____-___,E,2... -7--(______N- * 3-jJ/7 ,) ) \,,i_k, :
\ , „,___„(c
-- os \, ,
tt 1.
, , K ,,_ 1 _ ____,
V HM �� g/ G/en� Hall •
i, � ii
6 , \. _ Y G91.
4986 —1A. (y'J'
' ' )1 ,, / / / , - 1 i / \
a
.
'•\ \\) [ ti,<-11,H'''Irri,7t\,,till',II,'
p �I. \
ill p, \ .. ',,E4 k I�N'�I�4 i °pp �� , _ �-
" id nl iiiqi' ��.'IlPlul *,.,,,r - hir loud 11
is ���l Ulltii�� Iii� 9 r 0u N,��l II �� /
a Iidl�r���1N'� � '�, I�I °Irn '� 1i lll'ld�� �� }}''/'� - �
q b:i iii Vi'� �, ' ' m,oh s ;/a 1,I � '�� V
P ti iJ i� ;rva nR WI 'r1 nr '� �. �•�� �.
p
9' 4t � m ,� l'.a w .
�� 4 • �II� II f � I� I�III ��
yffilrY I pI,l, i't��6 iI�i i,D I� 9'1 i6 : i t Ilh lI l6t' '
� i� � ' ' � II 7 I. hl l�..� �� � �
ill . i [Illy l iii �� rill
�-
q
\ \L .. inljil lrili 11 INNI�IIi'I iI� Ifrrir Illi j \I/ % 1 111\\
,,�N�t l �I3,,,p ��I , X11
N"NNN
1 iiri �4 III �ii �.� / 6
42- .' I ,i �' � I� ��' l _ �_ .�( - �,.
pt iw �l' t 'h"�uuMrr l ., . Grod
T.
I7 ,ii,* qf ,yam
� j
also-- - u. �5�
'r �c��/ ��� jam
/ , . / - ' — W,,, N pP./' 4, * /3 - - -�A, (_r_,„ \ii: _ )1 = t /
��
\ � � �4
/ Midwest 492
- ���
L[[ : .Childrens Home —�_ �^.. __-• ,� / )�i 49,O
r--/O ,---Th/ \rilf _D IAN".Il' / /- , l j-- �. k
y
•
E t g � �• s
•
o K • f* ."•:;11,,,,a�yw y N
�,yut 4L +. k.> f 2 Fi .j] � ✓4•Yt n. }Y � •. . .� `Yf wn WWIIY- t
OTC (T7.1) Q ' t. � t : �* E 1
M i'1 - YLr
1 ss2 •
- .. .IIJ 1 1 .e�-''
pi• - r ; -Y '' A'.7 i ii rs.,. 3 m -.1..—y+�a•
M-..Y '+
t 9
•
l trr�yyF {,},
j1
Y4 {4 •:' i
X x t ff ' C .L.• •
• • �..i . ..•;,•,...;..,.. .;.•••:. Ny ...;,;,,,•-• �z
! • .•....'•:-•••••.:•'-`,"72,4:x .74!:,:i Y� k
iiii,Pt r 114
;._t• # ; ig x tE t
n s": r y� it:', • _ 1 4 fit 47-1,4j
' "'h «
s • r A •y : of : 4i~R .. " f $ '' '+�,,. ' j x L �'.
-?•b...:"...f -,12":..• '7r F2 . K �E_ w 1 i 'n
} { _
4 r4
•
•-t,'••...,':':-...'.:•;4•-• ;•1`.,4:-....-4.......u-x 'q' • Y..?::,S,•2.:.':•"2. M.'. ry'
i,rl • 11 I .t .� it•
s - .,:j..
+' t ` 44.-„,<
ML a,1i•
•
• ..1:,.,is....' z $ j r
A 3 S ]..art 'i.Y* . _ - 4 r.
t.
1 • S • !fi tw - :� r
w `-` a ;pr rdr tut' r • •-
-r
wt ; r h
{=•L x } lift �S . -,-•• ,
•
i � '3 R. +u • 3t•e� � 1 f
�. ti 1: : "
•
s
O `ti t
j
1rd,C�i • 20 _ —
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE 175u.�
CASE NO. EE -- +13_ RECORDING FEE lb
'°°
ZONING DISTRICT Acigicdcf LIplsL RECEIPT NO.
DATE 4/4/3z.. APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described property be
designated a recorded exemption by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: A Part of the North 1/2 and a part of the South 1/ 2
of Section 32 , Township 3 North , Range 68 West of the
6th P .M . , Weld County , Colorado .
TOTAL ACREAGE: Approx . 221 acres
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes XX No
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes XX No
FEE OWNERS OF PROPERTY:
Name: Edmund C . Dworak _
Address: 445 Main Street , Longmont , CO 80501 Phone: 776- 5335
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Longs Peak Smaller Parcel Longs Peak
TYPE OF SEWER: Larger Parcel Septic SySteMSmaller Parcel Septic System
PROPOSED USE: Larger Parcel Farming Smaller Parcel Renovation
ACREAGE: Larger Parcel 220 Smaller Parcel 1
EXISTING DWELLINGS: (Yes or No) Ye (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 knowled .
COUNTY OF WELD 47 e7D—
STATE OF COLORADO )
S gnature: Owner or Authorized Agent
Subocrib,d and sworn to before me this 91 day of qz,_; , 19 /1 .
(3EAt)
Notary Public
My Commission Expires y4,i ,. / u /,t onc,n ,*nda
a.,A.1. 2.: 4L
flPR 15 ' 92 14: 29 FROM 5O=TTa�h24 9CLJ.R
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The COMMONWEALTH LAND TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds the
following conveyances affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 1207-32-3-RE1015 Being a
part of the North 1/2 and a part of the South 1/2 of Section
32, Township 3 North, Range 68 West of the 6th P.M., Weld
County, Colorado.
CONVEYANCES (if none appear, so state) :
Reception No. NONE , Book
Reception No. , Book
Reception No. , Book
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 for an opinion of
Title, nor * guarantee Title, and the liability of Commonwealth Land
Title Insurance COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, Commonwealth Land Title Insurance COMPANY
has caused this certificate to be signed by its proper officer this z4th day
of April , A.D. , 19 9 at 9:30 o'clock.
Commonwealth Land Title Insurance Company
COMPANY
/
A IZ SYGNA '6RE
•
fl9fl,te'a
** TOTAL PAGE . IO2 **
1
The printed portions of this form approved by the
Colorado Real Estate Commission(CBS 1-5-89)
I i
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. •
RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
Seller's remedy Liquidated Damages or Specific Performance(Section 16)
April 14 1992
il I. PARTIES AND PROPERTY. William Baldwin and Monica Baldwin H
,purchaser(s)[Purchaser],(as jointenants/e/iy t/iff/,p$(cr()
agrees to buy.and the undersigned seller(s)ISel lerh agrees to sell,on the terms and conditions set forth in this contract,the following described real
estate in the County of Weld Colorado,to wit:
See Additional Provisions
Road 28 , Long
mont, Colo. 805041
knnwnasND. Approximately 1682 Weld County4 ,
(Street Address,City,Slate,Zip) ill
together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon
and all attached fixtures thereon,except as herein excluded,and called the Property.
2. INCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this contract:lighting,heating,
III
plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,inside telephone wiring
and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls;(b)if on
the Property whether attached or not on the date of this contract:built-in vacuum systems(including accessories),storm windows,storm doors,window I
and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves,
N/A remote controls;and(c)
doom openers including storage sheds,all keys and garage p 6
Purchaser Seller bill of sale at the closing,free and clear of all taxes,liens and
above-described included ilcros(Inclusions)are to be conveyed to byby g
Theo
encumbrances,except as provided in section ID.
The following attached fixtures are excluded from this sale: NCnP
71 n � payable in U.S.
dollars b Purchaser as �'
I PURCHASE PRICE AND TERMS. The purchase price shall he$ Q0 � ,pY by 3. U f
follows(complete the applicable terms below):
P PP �I
(a)Earnest Money.
$ 500. 00 in the form of personal check ,as earnest money deposit and part payment of the purchase
price,payable to and held by A. V. Dworak. Tnc. ,broker,in broker's trust
account on behalf of both Seller and Purchaser.Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing.
(b)Cash at Closing.
I $ 3 , 500. 00 to be paid by Purchaser al closing in cash,electronic transfer funds,certified check,savings and loan teller's check,or
cashier's check.SuhjecLulr ue pnavisimutLserlirw4+t thcsxiVingLaaob:d W aace: heJimettCclnungshaL l�estiCfcrearlrerwheluaahaher�"iu sectiat3. IC
'. I
I, tne.adjlutmeotsbau6estade.iucash:aclasingrYpaid.astaimils:_ See Paragraph (e)
(c)New Loan.
$ by Purchaser obtaining a new loan.The loan may be increased to add the cost of mortgage insurance,VA funding fee
and other items for a total loan amount not in excess of$ .The loan shall be of the following type:(check applicable boxes)
❑Conventional ❑Fixed interest rate
❑FHA El Adjustable interest rate
❑ VA fl Other
This loan will he secured by a(1st,2nd,etc.) deed of trust.
shall be amortized over aperiod of— years at approximately$ per month including
The new loan to Purchaser
of%i:of the estimated Ili���I
principal and interest not to exceed 'Xi per annum,plus,if required by Purchaser's lender,a monthly depose
If the loan is an adjustable interest rate orgraduated payment annual real estate taxes,property insurance premium,and mortgage ioanance premium. P Y
1 II loan,the monthly payments and interest rate initially shall not exceed the figures set forth above. ICI
Loan discount points,if any,shall be paid to lender at closing and shall not exceed •1 of the total loan amount. I
The first(1,2,etc.) loan discount points shall be paid by , I
and the balance,if any,shall be paid by
Purchaser shall timely pay a loan origination fee not to exceed %of the loan amount and Purchaser's loan cbsts.Cost of any appraisal
loan for purposes to be obtained after this date shall be paid by
upon application as loan a lication required by lender.
(d)Assumption.
a
$ by Purchaser assuming and agreeing to pay an existing loan in this approximate amount,presently payable at
$ per month including principal,interest presently at %per annum,and including escrow for the
following as indicated:Elreal estate taxes, Elproperty insurance premium. [Ti mortgage insurance premium,and
Purcha
seragrees to pay a loan transfer fee not to exceed$ .At the time of assumption,the new interest rate shall not exceed %
•I per annum and the new monthly payment shall not exceed$ plus escrow,if any. I I
Seller In shall In shall not be released from liability on said loan, and if a VA-guaranteed loan, Seller's eligibility Ll shall ❑shall not 1 I
he reinstated. If applicable,compliance with the requirements for release from liability or reinstatement of eligibility shall be evidenced by delivery at
closing of appropriate letter of commitment from ❑VA ❑lender.Cost payable for release of liability/reinstatement of VA eligibility shall be paid
by d$-in an amount not to exceedI.
•
No.CBSI-5-89. RESIDENTIAL.CONTRACT TO BUY AND SETA.REA L.ESTATE r. , in(y i
uWire.-
t,.,di,��,In,ids��,p.n w:it ,...-s...Denver.rn 50202 Itml2�n zsnn. .li!n rJr. I f.:4,, u.
(e)Seller or Private Third-Party Financing.
O7, 000. 00 by Purchaser executing a promissory note payable to: Edmund C. Dworak
on the mute form as indicated:(check one box)
l Right-to-Cure NTD 82-11-83 ❑ No Right-to-Cure NTD 8141-83 I I
secured by a(Ist,2nd,etc.) 2nd deed of trust encumbering the Property,using the form as indicated:(check one box)
Xi Strict Due-on-Sale(I'D 72-I 1-83) 0 Creditworthy('I'D 73-I I-83) LI Assumable—Not due on sale(TO 74-I1-83)
The promissory note shall be amortized on the basis of 6 years,payable at$ 302 . 23 per month including principal and
interest at the rate of 8-1/2% %per annum.Payments shall commence one month after date of
closing and shall be due on the same day of each succeeding month.If not sooner paid,the balance of principal and
accrued interest shall be due and payable 6 years after closing.Payments ❑shall tJ shall not be
increased by Vu of estimated annual real estate taxes,and ❑shall 0 shall not be increased by''Vu of estimated annual property insurance premium.
The loan shall also contain the following terms as indicated:If any payment is not received within 5 calendar days after its due date,a late
charge of 10 %of such monthly payment shall be due.Interest on lender disbursements under the deed of trust shall be 18
per annum.Default interest rate shall be 18 %per annum.
Purchaser may prepay without a penalty except No exceptions
4. FINANCING CONDITIONS AND OBLIGATIONS. (a)Loan Application(s). 11Purchaser is to pay all or part of the purchase price as set I:
forth in section 3 by obtaining a new loan or if an existing loan is nut to be released at closing.Purchaser,if required by such lender.shall make written application within calendar days from acceptance of this contract.Purchaser shall cooperate with Seller and lender to obtain loan approval,
diligently and timely pursue same in good faith,execute all documents and furnish all inlbrmation and documents required by the lender,and,subject to
section 3,timely pay the costs of obtaining such loan or lender consent.
(b)Loan Approval. If Purchaser is to pay all or part of the purchase price by obtaining a new loan as specified in section 3,this contract is conditional
upon lenders approval of the new loan on or before , 19 .If not so approved by said date,this contract shall
I terminate.If the loan is so approved,but such proceeds are not available to Purchaser as required in section 5(Good Funds)at the time of closing,closing
shall be extended one time for calendar days(not to exceed(5)five).If sufficient funds are not then available,this contract shall terminate.
(c)FHA/VA Provisions.
(1)FHA. It is expressly agreed that notwithstanding any other provisions of the contract, the Purchaser shall not be obligated to complete
the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the mortgagee has delivered
to the Purchaser a written statement issued by the Federal Housing Commissioner or a Direct Endorsement Lender setting forth the appraised value
of the property(excluding closing costs)of not less than$ which statement the mortgagee hereby agrees to deliver to the
Purchaser promptly after such appraised value statement is made available to the mortgagee.The Purchaser shall,however,have the privilege and option
of proceeding with consummation of the contract without regard to the amount of the appraised valuation.The appraised valuation is arrived at to
determine the maximum mortgage the Department of Housing and Urban development will insure.HUD does not warrant the value nor the condition
of the property.The Purchaser should satisfy himself/herself that the price and condition of the property are acceptable,
(2)VA. If Purchaser is to pay the purchase price by obtaining a new VA-guaranteed loan:It is agreed that,notwithstanding any other provisions
of this contract,Purchaser shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Property
described herein,if the contract purchase price or cost exceeds the reasonable value of the Property established by the Veterans Administration.Purchaser
shall,however,have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value
established by the Veterans Administration.
(d)Existing-Loan Review. If an existing loan is not to be released at closing,Seller shall provide copies of the loan documents(including note,
deed of trust, modifications)to Purchaser within calendar days from acceptance of this contract. This contract is conditional upon Pur-
chaser's review and approval of the provisions of such loan documents.Purchaser consents to the provisions of such loan documents if no written objection
is received by Seller or Listing Company from Purchaser within calendar days from Purchaser's receipt of such documents.If the lender's
approval of a transfer of the Property is required,this contract is conditional upon Purchaser's obtaining such approval without change in the terms of such
loan,except as set forth in section 3.If lender's approval is not obtained on or before ,19 ,this
contract shall be terminated on such date.If Seller is to be released from liability under such existing loan or if Seller's VA eligibility is to be reinstated
and Purchaser does not obtain such compliance as set forth in section 3,this contract may be terminated at Seller's option.
(e)Assumption Balance. If Purchaser is to pay all or part of the purchase price by assuming an existing loan and if the actual principal balance of
the existing loan at the date of closing is less than the amount in section 3 by more than$ ,then Purchaser may terminate this
contract effective upon receipt by Seller or Listing Company of Purchaser's written notice of termination.
(t)Credit Information. If Purchaser is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan
is not to be released at closing,this contract is conditional upon Seller's approval of Purchaser's financial ability and creditworthiness,which approval
shall be at Seller's sole and absolute discretion.In such case:(U Purchaser shall supply to Seller on or before 14 days prior to closind�'t
19 ,at Purchaser's expense,information and documents concerning Purchaser's financial,employment and credit condition;(2)Purchaser I
consents that Seller may verify Purchaser's financial ability and creditworthiness;(3)any such information and documents received by Seller shall be held
by Seller in confidence,and not released to others except to protect Seller's interest in this transaction;(4)if Seller does not provide written notice of
Seller's disapproval to Purchaser on or before 7 diays_.pri or to rl odi ,then Seller waives this condition.If Seller does
provide written notice of disapproval to Purchaser on or before said date,this contract shall terminate.
5. GOOD FUNDS, All payments required at closing shall be made in funds which comply with all applicable Colorado laws.
6. NOT ASSIGNABLE. This contract shall not be assignable by Purchaser without Seller's prior written consent.Except as so restricted,this •
contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties.
7. EVIDENCEOFTITLE. Seller shall furnish to Purchaser,atSeller's expense,either a current commitment for owner's title insurance policy in
an amount equal to the purchase price sir at Seller's choice,an abstract of title certified to a current date,on or before 14 days prior to
c1ngi ng . If a title insurance commitment is furnished,Purchaser may require of Seller that copies of instruments(or abstracts of instruments)
listed in the schedule of exceptions(Exceptions)in the title insurance commitment also be furnished to Purchaser at Seller's expense.'I-his requirement
shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance
commitment,together with any copies or abstracts of instruments furnished pursuant to this section 7,constitute the title documents('title Documents).
Purchaser must request Seller to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than 7 calendar days
after Purchaser's receipt of the title insurance commitment. If Seller furnishes a title insurance commitment,Seller will have the title insurance policy
delivered to Purchaser as soon as practicable after closing and pay the premium at closing.
8. TITLE. (a)Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by Purchaser of
unmerchantahility of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of
Purchaser and given to Seller or Listing Company on or before 7 calendar days after Purchaser's receipt of Title Documents or abstract,or
within five(5)calendar days after receipt by Purchaser of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment
together with a copy of the Title Document adding new Except ion(s)to title.If Seller or Listing Company does not receive Purchasers notice by the date(s)
speciled above,Purchaser shall he deemed to have accepted the condition of title as disclosed by the Title Documents as satisfactory.
(h)Matters Not Shown by the Public Records. Seller shall deliver to Purchaser,on or before the date set forth in section 7,true copies of all
lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements,liens or other title matters not shown
by the public records of which Seller has actual knowledge.Purchaser shall have the right to inspect the Property to determine if any third party(s)has any
right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).Written notice of
any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller or Listing
Company on or before 7 Says pri nr to cl osl ng,, .If Seller or Listing Company does not receive Purchaser's notice by
said date,Purchaser shall he deemed to have accepted title subject to such rights,if any,of third parties of which Purchaser has actual knowledge.
(c)Right to Cure. If Seller or Listing Company receives notice of unmerehantability of title or any other unsatisfactory title condition(s)as provided
in subsection(a)or(h)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing.If Seller fails to
correct said unsatislaenry title condition(s)on or before the date of closing,this contract shall then terminate,subject to section 17;provided,however,
Purchaser may,by written notice received by Seller or Listing Company on or before closing,waive objection to said unsatisfactory title condition(s
I-
9. DATE OF CLOSING. The date of closing shall be Sept. 1 ,19 92 ,or by mutual agreement at an earlier date.
The hour and place of closing shall be as designated by mutual consent of the parties hereto
M.TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance by Purchaser with the other terms and
provisions hereof,Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser,
on closing,conveying the Properly free and clear of all taxes except the general taxes for the year of closing,and except liens for spec, 1
taxing districts, if any ;free and clear of all liens for special improvements installed as of the date
of Purchaser's signature hereon,whether assessed or not;except distribution utility easements,including cable TV;except those matters reflected by the
Title Documents accepted by Purchaser in accordance with subsection 8(a);except(hose rights,if any,of third parties in the Property not shown by the
public records in accordance with subsection 8(b);and subject to building and zoning regulations.
11. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before(he time of settlement from(he proceeds
of this transaction or from any other source.
12. CLOSING COSTS,DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing,except as
otherwise provided herein. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate
closing and settlement services shall not exceed$ 200. 00 and shall be paid at closing by equally by purchaser
and seller
13. PRORATIONS. General taxes for the year of closing,based on the most recent levy and the most recent assessment,rents,water and sewer
charges,homeowner's association dues,and interest on continuing loan(s),if any,and
shall he prorated to date of closing.
FHA or private mortgage insurance premium ❑shall ❑shall not be apportioned to date of closing.Any such amount shall be apportioned as
follows: N/A
Any sales,use and transfer tax that may accrue because of this transaction shall be paid by N/A
14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: On date of closing
subject to the following lease(s)or tenancy(s): None
If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to
Purchaser for payment of$ N/A per day from the date of agreed possession until possession is delivered.
Purchaser r does ❑does not represent that Purchaser will occupy the Property as Purchaser's principal residence.
15. CONDITION OF AND DAMAGE TO PROPERTY. The Property and Inclusions shall be conveyed in their present condition,ordinary
wear and tear excepted. In the event the Property shall he damaged by fire or other casualty prior to time of closing, in an amount of not more than
ten percent of the total purchase price,Seller shall he obligated to repair the same before the date of closing.In the event such damage is not repaired
within said time or if the damages exceed such sum,this contract may be terminated at the option of Purchaser.Should Purchaser elect to carry out this
contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and
Inclusions,not exceeding,however,the total purchase price.Should any Inclusion(s)or service(s)fail or be damaged between the date of this contract
and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)
or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser covering such
repair or replacement.
16.TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other
payment due hereunder is not paid,honored or tendered whets due,or if any other obligation hereunder is not performed or waived as herein provided,
there shall be the following remedies:
(a) IF I'URCIIASER IS IN DEFAULT:
IF THE BOX IN SUBSECTION(I)IS CHECKED,SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(I)
[SPECIFIC PERFORMANCE'. IFSAID BOX IS NOT CHECKED,SELLER'S REMEDIES SHALL BE AS SET FORTH IN
SUBSECTION(2)'LIQUIDATED DAMAGES'_
X](1)Specific Performance.
Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be forfeited and retained
on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect
and Seller shall have the right to specific performance or damages,or both.
(2) liquidated Damages.
All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall
thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subsection Ic))are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this
contract.Seller expressly waives the remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT:
Purchaser may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be returned and
Purchaser may recover such damages as may he proper,or Purchaser may elect to treat this contract as being in full force and effect and
Purchaser shall have the right to specific performance or damages,or both.
(c) COSTS AND EXPENSES.
Anything In the contrary herein notwithstanding,in the event of any litigation or arbitration arising out of this contract.the court shall award to
the prevailing party all reasonable costs and expense,including attorney fees.
17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract. Purchaser and Seller agree that, in the event of any
controversy regarding the earnest money and things of value held by brisker(Sr closing agent,unless mutual written instructions are received by the holder
of the earnest money and things of value,broker or closing agent shall not he required to take any action but may await any proceeding,or at broker's or
closing agent's option and sole discretion,miry interpicad all parties and deposit any moneys or things of value into a court of conspelent jurisdiction and
shall recover court costs and reasonable attorney tees.
ad s,e 4.F "S'e., x.
IS. INSPECTION. Purchaser or any designee,shall have the right to have inspect ionbl of the physical condition o1'the I'mperry and Inclusions,
at Purchaser's expense. II written rk lice of any unselishaelury condition, signed by Purchaser. is not received by Seller or Listing Company
Oil or before August—].-. J9_92_97 ,the physical condinon of the Property and Inclusions shall
be deemed to he satisfactory to Purchaser. If written notice of any unsatisfactory condition,signed by Purchaser,is given In Seller or listing Company
;is set I.nth :hove in this section, ,Ind if Purchaser and Seller have not reached a written agreement in settlement thereof on or before
August 15 • I9 92 ,this contract shall then terminate,subject to section l7. Purchaser is responsible and shall
pray rim erg dannuge which Damns to Ih I innerly:cod h¢lusiuns as a result of such inspection.
19. AGENCY DIS('LOSUItE. i rte listinghniker,_A. V. Dworak, Inc.
and its sides agents(Listing Company)represent Seller. The listing Company owes duties of trust, loyalty and confidence to Seller only. While the
Listing Company has t duty to treat Purchaser honestly, the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser.IfY SIGNING MIAMI, I'UR('IIASER V'KNOWI I•DGIiS PRIOR I IMILIA/ NOTICE BY LISTING OR SELLING COMPANY 'IIIA'T LISTING
('ONIPANY IS SELLER'S AGENT.
The selling hmket: A. V. Dworak, Inc.
and its sales agents(Selling Company) represent. SIP TIIE. (SOX IN SUBSECTION(h) IS CHECKED, SELLING COMPANY
REPRESENTS PURCHASER ONLY, AS SCE FORTH IN SUBSECTION (bl. IF THE BOX IN SUBSECTION (h) IS NOT
CHECKED.SELLING COMPANY REPRESENTS SELLER ONLY,AS SET EOI2dII IN SUBSECTION(a).j
(a)Seller. 'The Selling Company owes duties of trust, loyalty 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
ACK NOWLTDLES PRIOR TIMELY NOTICE BY SEI.1 INC COMPANY TIIAT SELLING COMPANY IS SELLER'S AGENT.
❑ II,)Purchaser. If the box is checked;The Selling Company owes duties of trust, loyalty 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 THAT IT IS PURCHASER'S AGENT
o This agreement is subject to the following:
The abilityaotllthelpurchaser to obtain a Weld County, Colorado, recorded exemption.
Purchaser agrees to diligently pursue obtaining such recorded exemption.
The ability of the purchaser to obtain the necessary financing to remodel the
house; and to obtain, at their own expense, a water tap from the Longs Peak
Water District and a septic system permit from Weld County.
The ability of the seller to secure a partial release from the First National it
Bank of Longmont of the existing 1st deed of trust. 1
The seller will subordinate his loan to the First- Bank of Boulder or other
first mortgage loan for the purpose of remodeling and permanent first deed of
trust financing.
Boundary lines of subject property shall be as follows:
North boundary line will be the south side of Weld County Road 28.
South boundary line will be the existing power pole which will also be the SW corner.
West boundary line will be the east line of the property presently owned by Robert& Betty Amen.
East boundary line will be approximately at the eastern edge of the existing outdoor toilet facility
Parcel contains approximately 1 acre, more or less with approximate dimensions of 150 feet east to
west and 300 feet north to south.
Exact property lines shall be determined by survey provided by purchaser, and mutually agreed to
by seller and (purchaser.
21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Purchaser and Seller acknowledge moat 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
tins contract.
22. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall he returned and the
parties shall he relieved of all obligations hereunder,subject lu secion 17.
23. NOTICE OF AGUE+P'L1 NCE/COUNTERPA KIS. II this proposal is accepted by Seller in writing and Purchaser receives notice of such
acceptance tt orb fire April 17 _. . 10 92 .thisdociiment shall t comae a cnnitctbetweenSeller.nadParrchaser
-
\copy of this document may.he executed by each per lyseparately.and when each poly has executed aeopy dicrcd sue copies taken together shall be
deemed to he a full and complete contract urtsucP the parties.Liegaskil g-44-7a. ,:Ae#Jtic,ta
Panelsse(sAddre„ 1676 Weld County Road 28 , Longmont, Colorado 80504
DO BE COMPLETED ETRI)BY SELLER AND I.STIN4G COMPANY!
IDI 24, AC TYNC E/COMMISSION Seller accepts the above pr qutsal this --iii day of— April 1,) 92
Seller shall pay to the listing Company a commission of 6 1,4.of the gross purchase price or
as agreed upon between Seller and Listing Company for services in this transaction. In the event of Iitrf'eit ire of payments and things of value received
hereunder, such payments aand things of value shall he di)ided between Listing Company and Seller, one-half thereof to Listing Company, but not to
ux•• •e mlissita,mid II twee to Seller
— oat' sent,
Uawc
Seler,Addtess—. 445 Main Street, Longmont_ .Colorado 80501
'Elie undersigned Selling Company tick nowle t e's receipt of the earnest money deposit specified in section 3 and both Selling Company and Listing
Company a nl nut the z espeetive agency disclosure set limit in section 19.
Selling Company
A. V. DWORAK,_ INC. By 7I
445 Main Street, Longmont, Colorado 80501 oar,
Listing Company
A. V. DWORAK, INC. By:
445 Main Street, Longmont Colo
Main—Street,
Longmont, Colorado 8O501 Dare
Address
..I .\.. 'Ls.:s.. •_
; •
11-‘,P"'•
' LONGS PE! WATER DISTRICT
9875 VERMILLION ROAD • LONGMONT,CO 80501-9738 • (303) 776-3847
March 13, 1992
William M. & Monica M. Baldwin
1676 Weld County Road #28
Longmont, CO 80504
Dear Mr. & Mrs. Baldwin:
The Longs Peak Water District approved at its regular monthly Board of
Directors meeting on March 12, 1992, the commitment to service water to
your property at 1680 Weld County Road #28.
One tap will be furnished subject to compliance by you with the rules,
charges and regulations of the District and subject to that purchase of
this tap and any extensions or upgrading of lines in accordance with the
engineering requirements of the District.
Longs Peak Water District can and will serve water to this tap. This
statement of willingness to serve will remain valid for a period of six
months from the date of this letter.
Yours truly,
Mary J. Storey
Secretary
IJ VI cog.4 &.32 . h89'sL48"41.
0Me211e5"E PG- S4PIu di
1,,.g1 Co KD. ZS
IJoRmt Lo.--,. 14u I.1.-1 S43.61' ----1JPl9eLgD� %g-I`z.°,� - -1t-1.OE. . .c
- - --- ' I I'(3F1, RG81
uoo°lo'Z?"E UOcfov99"E_ — ! �3° F9.4c4no
-- 37oL.13 ' n \ 2'Iti.3q' ��j� . -
U419 3,v'' 1J P°IuT of BE4NU��'4�'!�//�T� $ N
b-123-4100'1-1 \ \ • I
242.1.3' �� .3
242.13'
\\ 110 SL\ i 7- 1
Al \ CL m
1.120°[5 I II0"1J I I
5'5.n' \
I 1.411O0LGA2\JOIla \ LP's 6 I -'
122. &o $
110`4.it 00.0 I c
EAST
I II uEVA
JII'49'oo'E. I
Sou Mali Fes.%WIC.--t
0iri`7'cd'g. 4.1-4.RAIWAy" 1I al.:601
-loci.("5. 1�Ae 1,°2
/ A '01I4{en8 I ARL - r-
1.133e48'1i"E / tj.5T-Li 61 LEt1fE2UUE� --- 10.64'-- —I P-A,n., 1`
323.82' i _- .. c 1/ /no
1 1
114,'OO'i�0"E / i
800.01' // 53'1'21 IL U
Zo'1.7.4'
/
/
1.11,°yoloo'E Ir
32.58' I
I
E co vzolora J
0
r"
M
IJZ2` i5'o0 E_ I p.
/ r
geIl✓R`."'IR I - Lot" 5
I 121.1 ACFES oeb-i- LIUE 61.1 '/4
1Jo!•°Zobo"E I
b9z.,,' 1
-1 N
Se UMiOM KC.VIL ---+
1
1 11 M.A.2,0"6
L C
E8.
. . . t- 6o1J{I{ UF1E s°'UM..eLnr. t)
Yi' — m •j Li /a Jo}_ .5 V4 cop. 5FC. 32 �.7QQ kLi
' I'togi-1 1&34701' -1 . F? "3 ro
60. 1?C7 2I
/
Z`
• m-¢o. ZL
y1-110 /
SI RE-5• 32 53 A
.1.1* NO an 06? 1c 1 & 1 t `0 ye
4
el 1
ip
� _
iti
Yp 4 r: ..,,*
E
Y
-,�7
b
RONT VIEW I 1111:1
/ A 1 `4 ��r � K 6.
aaiiiii t
( 0 4
le
je$C
Wool( •7-� 0. rim
b>Irk O' 4 ,.
.ti �
.43
I ji
`I
fkmeism-
1 INTERIOR
}
REAR VIEW
I ,w1
OUTBUILDING
s
F -s
w
...,.__...__.•.�.r.._=ate
ti
... _ , . wl' r ._- -- 4 a INTERIOR
s_
Y ler a' 4�
w* !1
iN^ :,DTs-;,e �*
4. .. A►may-n- c-41-1411 F -
=1•
a,
+ c
' _ tr. _ 5• r - +-- flij•
4- .e tea. ..
APPLICATION FOR RECORDED EXEMPTION Q �4 V
MAY 41992
1. Application form enclosed. weld
e°enty plannin,.
2 . Certificate of conveyances enclosed.
3 . Copy of deed, purchase contract enclosed.
4 . The plat to be sold has been difficult to farm due to the
existing structures on the property. Renovation of these
structures will return the parcel to functional use.
5 . The one acre plat will only have the improved existing rural
structures on it. No prime agricultural land will be
eliminated from service. The present land according to the
1987 Weld County Comprehensive Plan is listed as agriculture.
I believe this complies with the Plan.
6. The renovated homestead will make better use of this
particular piece of land. The reviving of such a historical
farmhouse will revitalize otherwise uninhabited property.
7 . The land will be used for private residence upon the
completion of the proposed project.
8 . A residence such as this, now an eyesore, will once again
reveal the character it boasted when it was built in
approximately 1880 . This type of renovation can be
appreciated anywhere, whether in the country or in the center
of a large city. This parcel will always be compatible.
9 . One home and lawn cannot physically interfere with future
development. To my knowledge, the surrounding land will only
be used for farming. I see no conflict with any parties
involved.
10. Attached is a letter of commitment for a water tap from Longs
Peak Water District. For sewage a septic system will be
installed.
11 . The property under consideration is not in a flood plain,
geological hazard, and/or Weld County Airport overlay
district.
12 . The new owners, Bill and Monica Baldwin, will provide Weld
County an added tax base by increasing the rural splendor of
this property. They are both from rural farm communities and
are sensitive to the environment and values of rural life.
They will be putting their heart, soul, and sweat into the
proposed renovation project to develop the property into an
attractive parcel of land that they can enjoy and begin
raising their family. Please see the attached photos to
appreciate the existing structures on the proposed parcel .
REFERRAL LIST
NAME: Edmund Dworak CASE NUMBER: RE-1417
REFERRALS SENT: May 6, 1992 REFERRALS TO BE RECEIVED BY: May 20, 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 _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 X Longmont
_
Berthoud F-2 X Mead
_
_Brighton F-3 _Milliken
_Eaton F-4 New Raymer
_Fort Lupton F-5 _Northglenn
Galeton F-6 _Nunn
_Hudson F-7 _Platteville
_Johnstown F-8 _Severance
La Salle F-9 _Thornton
Mountain View F-10 _Windsor
Milliken F-il
Nunn F-12 COUNTIES
_
_Pawnee F-22 _Adams
_Platteville F-13 _Boulder
_Platte Valley F-14 _Larimer
Poudre Valley F-15
Raymer F-23 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 _
_ US Army Corps of Engineers
Wiggins
F-17 USDA-APHIS Veterinary Service
_Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 _Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Dist. Brighton
_
Panhandle Eastern Pipe Line Co. _Fort Collins
_
Tri-Area Planning Commission _Greeley
_Longmont
West Adams
COMMISSION/BOARD MEMBER
.S`a.ffii-$a„ a
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
' GREELEY,COLORADO 80631
C.
COLORADO
May 6, 1992
Edmund Dworak
445 Main
Longmont, CO 80501
Subject: Recorded Exemption 1417
Dear Mr. Dworak:
Your recorded exemption application is complete and in order and will be processed
on or before June 4, 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 Longmont and Town of Mead Planning Commissions for their
review and comments. Please call Brad Schol, in Longmont at 651-8330, and Bertina
Willden, in Mead, at 535-4477 , for further details regarding the date, time, and
place of these meetings. It is recommended that you and/or a representative be in
attendance at the Longmont and Mead Planning Commission meetings 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.
Respectfully,
Brian A. Grubb
Current Planner
BAG/sfr
pc: Bill and Monica Baldwin
1676 Weld County Road 28
Longmont, CO 80504 ,,. /9.r14
I`I Rt9 ep p
hi 2- p-65
S A ? 4JNWEN Fe-S
A tteGs mole 6k'sp y
1- OFT TruPtklatad)
d`( rC R-q-Z 3 2_130
5201;11",
�., a.
—eh- Lc plow
04 mEmoRAnDum
To Brian A. Grubb
Weld County Planning Date May 14, 1992
COLORADO John S. Pickle, M.S.E.H. , Director, E.P.S.
From
Sublect•Case Number: RE-1417 Name: rak. Edmund
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. It is the policy of this Division not to recommend for approval of any lot
size less than one (1) acre, which will utilize an Individual Sewage
Disposal System.
JSP/cs-973
•Yca i! :2 a.. I.
FIELD CHECK
FILING NUMBER: RE-1417 DATE OF INSPECTION: May 11, 1992
APPLICANT'S NAME: Edmund Dworak
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Lot B of RE-1015
LOCATION: South of Weld County Road 28 and approximately 1,000 feet east of
Union Reservoir.
LAND USE: N Residence, irrigated agricultural production
E Irrigated agricultural production
S Irrigated agricultural production
W 2 residences, Union Reservoir
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access to Lot A is not yet existing. A new access to Weld County Road 28 will
be necessary. There is an existing old home on the proposed smaller lot. No one
is living in the dwelling and it appears to be uninhabitable. The balance of the
farm is in crop production.
Current Planner
5.^uIt.. ..
�^ M. J O
12"Vi! ,cir,noO CO
__ 1` -_ _ fix S 'ON_ON _ I
_ -�., f—._._4 _9 I..M
till
-gm;/ W Q1 IA
_� ,,;.;, I 0 1/2,� 0 L,
J \ ml� U
G_.. m' Q:‹ tdU it.LLI '
; z. �`, �� . ('' OIL N try
I� Q N Q '41x- int.
ro - l;
N. N ti;: /`.1 -T' k z _ ... LSD' ® `.ti Z U CC O rN U -?
0
U � `( z W y \—` O Z
3�—,�;�, p 00 0
N
B.Oz/ Alrvno7 / I \\\ S N P 0.
l _ _ - \ 'r' r l7 2
r ji Z ) zu 4j W
A
_ q O
p ill I O U U M
ro Ii v // 3 0)CZ ct
O
n //I m
co 0 ! // W i
Ati r : J C,
N h --• 01)N F 3 I` `"
Q. IN
i(1N/J09" 07 / Q
h fr16921 03 _j
I / •0/1/ Cal /1NnO.7 Ali 6,a,
O p .41N/107 Li3O7n09
V 33
k
k Z N I , v m
N J W V. U.
l W.
_0 z a � I
I- 0 0 {.4
st 4 m
v s O "..sg -? -. -r-r n h k 1 V
4l on In
7 h 1 a 0.�, .O
i' “iJ h • 0' ‘11. -
\V tti
I` li �l t--
91. '91-- /e44„1.&,O/COOS
I _`m
I
Ni N
,It N ti .,y a W to fr) O
to mmti t n
Z DQO
«� W w
cc
m •
N s,<.,Yww N Z1)
U V V Cr a �y
h � as CO ;3
W -' O
N Ct � OQ h �t
N ,..1.
Vtt
A C.oV) ••,,v'4•
m o <Xs N
6 O
I Pb‘ /fd� .. -P,oz„,9 N Pt sal
a`71 N 1
Ir) S ,
t
ml
B 1160 REC ?103368 06/12/87 16: 32 y9. 00 1/003
F 0111 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
re -PEP EXE.Hr lc1J 1207-32-3- REI0I5
6NE6T; I OF 3
a
m
NJ ovQ cut
n �N I
to
41 V
_J
m
4OO°1O1Z-1"W 2.2. 4.1e.' 3
c\\ • i F.
ilt r
\ .
\ 1
. -a\ ski im N
ri Tlil is
H � � m o 711 -
VIII o
q. w \-- o0 ti p1
1- d 73 p 00 µoono:g"E!i - •V
S • N' \\ 455.00'
Q yy 43
61 t)-. Q S . N N 4
.d O S \\ N M‘-00 M47,
Z. o m w. Ns r• , � ` l
ado . �� °°"s tai w )
i r - ire 7 p r 0� 0
V- N � \ S a NIT : on om
Q CD -1 � ° NN �, i'o oN
N 7 1 � W n �� j a� --
O
• D
I-
,9
N \ ~�� VO
N itilj
8 u' --e-2r Q .. 1n u la
4._owl \ OO4y,
���a��u�uuwmurm,, . ,
c) r ba•.bp4 •
�.
-r. PISS t� 4.(.
:w {0 0 1
) 13.i- 4 :.u:
to ;a M w�LL
Q'�Oj .�a�Q r� P+.on,
PURPORTED COPY 4'"��nnmminnn�a
'4s Fx t) ,..
L
t
I_
fa
Of ‘ii
its
t get- ,
Tt
1 I \ k r
'40 10 . 1
__I, A fp .
L_ f'�Q • 1 ? i f
. t , 74 I r 1
In .10 -_i 1 Ng t
% %Z.% I i el ris-4 Nic
•
v t
II ti 1 1
" � 3t. ibk 1p •
eY r
.;`,.." calA *,,i • A ir
. t
.4$ $r`w/ Cp +�.t�'
4.
i •
♦
I .
"eiglailltiff"4#1wialbili..ifilli li I'‘ •
ZIli
1“ i
EN
Z . II
' 1 i'l t
* i
r i V ii .
ics.„1\11‘ V.
;pi Ida ea it V
A +` =i: 4
" " d r1 h v
0 1 3
g 24 W
it IT s I
la
t1/44 tilt i
114 ' 74:--,-- )
2 411 4! i s
1* it"
fl \ .
If tt..,'
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
' 915 10th STREET
GREELEY,COLORADO 80631
p CO pv4y
COLORADO
May 6, 1992 CASE NUMBER: RE-1417
TO WHOM IT MAY CONCERN:
Enclosed is an application from Edmund Dworak for a Recorded Exemption. The
parcel of land is described as Lot B of RE-1015, located in part of the N2 and
part of the S2 of Section 32, T3N, R68W of the 6th P.M. , Weld County, Colorado.
The location of the parcel of land for which this application has been submitted
is south of Weld County Road 28 and approximately 1000 feet east of Union
Reservoir.
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 May 19,
1992, so that we may give full consideration to your recommendation. Please call
Brian A. Grubb, 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
does/does not) comply with our Comprehensive Plan for the
following reasons.
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. x 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: Agency: C\ F L.o sc�
1 Q SAY 2 1 1992
Date: sf ici/i2
—
Weld County Planning
DEPARTMENT OF PLANNING SERVICES
PHONE(303)3584000,EXT.4400
V- 91510th STREET
GREELEY,COLORADO 80631
I D
C.
COLORADO
May 22, 1992
Edmund Dworak
445 Main Street
Longmont, CO 80501
Subject: RE-1417 - Request for a Recorded Exemption on a parcel of land
described as Lot B of RE-1015.
Dear Mr. Dworak:
I have scheduled a meeting with the Board of County Commissioners on
Wednesday, May 27, 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,
Brian A. Grubb
Current Planner
BAG/bjs
of H •
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000.EXT.4400
91510th STREET
11111 GREELEY,COLORADO 80631
COLORADO
May 27, 1992
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption 1417
Dear Commissioners:
This request for a recorded exemption is submitted by Edmund Dworak. The parcel
of land is described as Lot B of RE-1015, located in part of Section 32, T3N,
R68W of the 6th P.M. Weld County, Colorado. The property is located south of and
adjacent to Weld County Road 28, east of and adjacent to Union Reservoir, north
of and adjacent to Weld County Road 26.
The applicant proposes to use Longs Peak Water District for a domestic water
supply. Individual septic systems will provide sewage disposal.
The Department of Planning Services' staff recommends that this request be
denied. This is the third recorded exemption that the owner has applied for on
this property. The number of divisions on this property have already evaded the
intent of the Weld County Subdivision Regulations. Further divisions using the
Recorded Exemption process are clearly in conflict with the adopted policies of
the County.
In 1975 the original farm was still intact and contained two existing dwellings.
In September of 1975, the first parcel was split off with RE-188. This created
a one acre tract of vacant land near the existing improvements. This one acre
parcel was subsequently built upon making three dwellings on the original farm
where there had been two. In May of 1987, the owner submitted another request
for a recorded exemption. This request was to split off a 5 acre tract of vacant
land in the extreme southwest corner of the farm. This parcel is still
undeveloped, but was sold by the applicant. This request is to split off an old
labor house which is currently not habitable. If this request is approved, there
will be four parcels where prior to 1975 there was one.
RECORDED EXEMPTION 1417
Edmund Dworak
Page 2
It is the opinion of the staff that this type of'piecemeal development is not
efficient and orderly. The area around Union Reservoir is a unique and valuable
visual and recreational resource in a County with a limited supply of water.
This area should be developed in accordance with the County Subdivision
Regulations and/or planned unit development procedures to insure the maximum
benefit for the citizens of Weld County.
The staff also has concerns about the level of development in this area. There
are four other recorded exemptions on land adjacent to the subject parcel.
Further development in this area will increase the need for County services. The
staff requests that the Board review this proposal and determine if the
conditions of Section 9-2 E (1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
Sincerely,
Brian A. Grubb
Current Planner
(41O11)
'C sr
's DEPARTMENT OF PLANNING SERVICES
��� 6' PHONE(303)3584000,EXT.4400
DWI ' ! ��� `\ �o60 U I�Y - 915 10th STREET
REELEY,COLORADO 80631
M
ei 41 t.‘1
ti°ti MAY 1 e 1992
COLORADO etsz tit Weld County Planning
May 6, 1992 CASE NUMBER: RE-1417
TO WHOM IT MAY CONCERN:
Enclosed is an application from Edmund Dworak for a Recorded Exemption. The
parcel of land is described as Lot B of RE-1015, located in part of the N2 and
part of the S2 of Section 32, T3N, R68W of the 6th P.M. , Weld County, Colorado.
The location of the parcel of land for which this application has been submitted
is south of Weld County Road 28 and approximately 1000 feet east of Union
Reservoir.
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 May 19,
1992, so that we may give full consideration to your recommendation. Please call
Brian A. Grubb, 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
does/does not) comply with our Comprehensive Plan for the
following reasons.
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. `` - .se refer to the enclosed letter �f/j/
Signed: t � �!�lM.l — Agency: 7�i
Date: --CA- Z- •
-ADMINISTRATIVE REVIEW FLOW SHEET
CASE # RE -1414-
APPLICANT: z GT'?C.�tit) 0I-•l iyl; ,,•,
REQUEST: RCvIZ(≥t..,
LEGAL: Lot 1 ra. lcl5 4.«,-i, -. rtsj �' k)z oar prt f.s-gf
LOCATION: -->c• u n W tYNr at7x ?
cR. � �., Alt r r000 ' } 1
Date By
Application received
Application complete 4/ q I
Letter to applicant drafted
C-i
Referrals listed
File assembled Z � '
Letter to applicant mailed
- 7—qoli I
Referrals mailed ^ �-�� (
Chaired ek ed 54.4
`"'
5 -7-4,y I
DPS recommendation drafted
_Administrative Review decision: (4/ 4147
History card completed
CO;2ISSIONERS ' HEARING DATE: rr-/.n iqz_
Date . By
Air photo and maps prepared
Field check by DPS staff
CC Action:
l/
- Z
CC resolution received
History card completed
Recorded on maps and/or filed
Hello