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Home My WebLink About900632.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1279 - GLEN BAXSTROM 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, at a public meeting held in the Chambers of the Board, considered the request of Glen Baxstrom for Recorded Exemption No. 1279 , and WHEREAS, the request for Record d Exemption No. 1279 was to divid ( property which is located in part of the NE} of Section 20 , Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado, into parcels estimated to be approximately 10.5 acres and 3 .5 acres, and WHEREAS, after reviewing the recommendation of the Planning staff and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1 . The applicant has not demonstrated that adequate water will be available for the proposed use of the property on the 3 . 5-acre parcel. 2. The applicant has failed to explain how this application is consistent with the Weld County Comprehensive Plan and how the configuration of the land split is consistent with efficient and orderly development. 3 . The guidelines used to allow a division of an agricultural lot into two separate lots are outlined in Agricultural Policy #7 in the Weld County Comprehensive Plan. The intent of this policy is to: a. Enable the property owner who is retiring an opportunity to live on or sell the existing farm improvments. b. Enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite. 900632 r .k '� t_, 1 Page 2 RE: RE #1279 - BAXSTROM c. Enable the property owner to provide a residence for direct members of the farm family and also for workers employed at the farm. 3 . The intent of the Recorded Exemption process is not to alleviate financial stress as stated in the application materials, but to be consistent with the established policies and approval criteria in the County' s land-use regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Glen Baxstrom for Record d Exemption No. 1279 be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day o£ July, A.D. , 1990 . ATTEST: Ma'WA? BOARD OF COUNTY COMMISSIONERS WEL NTY, COLORADO Weld County Clerk to the Board en R. Bran ner,lChairman � ,LL BY: �� !_rf r fr . George Kennedy,�Pro-Tem Deputy Clerk to the Board (/,/p� A APPROVED AS TO FORM: Constance L. Harbert � 1,1 C.W. y xir y 4 -County Attorney Gord 900632 (Hz. DEPARTMENT OF PLANNING SERVICES tat PHONE(303)358<000,EXT.4400 91510th STREET 11 I I GREELEY,COLORADO 80631 C. COLORADO July 18, 1990 /1 ` '/� Board of County Commissioners A/ Weld County Centennial Complex 915 10th Street Greeley, CO 80631 Re: Recorded Exemption #1279 Dear Commissioners: The recorded exemption is submitted by Glen Baxstrom. The parcel of land on which this request is being made is described as part of the NE} of Section 20, TIN, R65W of the 6th P.M., Weld County, Colorado. The property is located approximately 2.5 miles southwest of the Town of Hudson, south and adjacent to Weld County Road 41, and vest and adjacent to Weld County Road 8. This request is to divide a 3.5 acre tract of land from a 14 acre tract. This is the total contiguous land holding of the applicant. The Department of Planning Services' staff recommends that this application be denied. The staff is concerned about the adequacy of a domestic water source for the proposed 3.5 acre parcel. In its letter of July 6, the office of the State Engineer, Division of Water Resources, stated that the permit would limit the use of the well to household use, watering domestic animals, and irrigation of 1,500 square feet of lawn or garden. This would allow the applicant to irrigate a ten foot strip, more or less, around the proposed residence. It is the opinion of the planning staff that adequate water will not be available for the proposed use o£ the property. The proposed use is to build a home and have a few head of horses. The Department of Planning Services' staff has concerns about the level of development and the potential for continued division occurring in this quarter-section. This recorded exemption is the second of two recorded exemptions submitted by the applicant being considered by the Department of Planning Services in this quarter-section. If both recorded exemptions are approved, there will be a total of ten parcels in this quarter—section. The Department of Planning Services' staff is concerned about the piecemeal type of development occurring and the potential for it to continue in this section. Parcel splits in this area are reaching a level where continued divisions would evade the purpose of the Weld County Subdivision Regulations 900632 Board of County Commissioners RE-1265 Page 2 The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions occurring in this quarter-section. The applicant has failed to explain how this application is consistent with the Weld County Comprehensive Plan and how the configuration of the land split is consistent with efficient and orderly development. This Recorded Exemption is the first of two recorded exemptions submitted by the applicant being considered by the Department of Planning Services in this quarter-section. The second Recorded Exemption is currently being processed by the department. If both Recorded Exemptions are approved, there will be a total of ten parcels in this quarter-section. The Department of Planning Services' staff has concerns about the piecemeal type of development occurring and the potential for it to continue in this section. Parcel splits in this area are reaching a level where continued divisions would evade the purpose of the Weld County Subdivision regulations as defined in Section 1-3. Residential development in rural areas necessitates an increased demand for road maintenance, Police and fire protection, school busing, snow removal, utilities, and other urban services. As density increases, so do service demands. The guidelines used to allow a division of an agricultural lot into two separate lots are outlined in Agricultural Policy #7 in the Weld County Comprehensive Plan. The intent of this policy is to: A. Enable the property owner who is retiring an opportunity to live on or sell the existing farm improvements; B. Enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite; and C. Enable the property owner to provide a residence for direct members of the farm family and also for workers employed at the farm. It is the opinion of the Department of Planning Services' staff that the intent of the Recorded Exemption process is not to alleviate financial stress as stated in the application materials, but to be consistent with the established policies and approval criteria in the County's land-use regulations. Respectfully submitted, x>r C�;�s Brian A. Grubb Current Planner BAG:rjg Y •G. o h9 — --- r -— - °° •, �: r ,om,°✓ j 5aeY 1 :n. .f,. I q •I� i 1: r ,f J ln��J• ,°1 i. J • t�• (;/ .�• �� - - -; t • uj :o:uiLLE a ..A. , n xv a I ; •.\• . • "1 . t - - - -• 1. _ /4, • yp •G .z• • x, !:71/17 1 G i • n H p . “1___— _ � . 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V - *a ■ , . . . • ., -- � , y 4 s ., f! •_ ' w z __ i-- ... 1 •,,.• Oe:2.O,9,048 07' \ .. t � Nalr ,� ifICC f h _ / F z .r�`� `/ R• n t°' �/ ' r + � 4 _ MCII _ k /: t 31. Hs. .e 't �7 <b w{ ° c Y� ,h C :A Imo/ ♦;. iOe \. ad . �' �'... . • f „ .e .5 r :> Lit: E�',ar 1., i .� v y ..2 ` � 7 P ��, G� l--0/ 4-, 'mw.r n. ,, ,M. x (� . z 41. .! i j^ 1b>�,4 ,,t , h�6R c` 3r V �1� f .ef. 3 $..:::,•, ,Fa '^. �/ 74,44-7, Z 7Ti '1 z a 1 i s �•1 1f ! � ,�•n e �e X .41 Y '. .t ' y ( k' � f, w f six � i(^'S R^ <J «x.% APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: mo APPL. FEE lisp__ CASE NO. 1./72. V,4_4: 0-9 RECORDING FEE ZONING DISTRICT AL-trIC_Lh_ 1""42-E. RECEIPT NO. it 'Z DATE .f7 ji/ qo APPL. CHECKED BY r )I\CI 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 14 acre tract located in the NE1, Section 20 , Township 1 North, Range 65W, Weld County, Colorado. riJ `V/giV(�`jFLTS:t See lenghty legal attached. u MAY 1 0 1990 TOTAL ACREAGE: 14 +- _ U- -- --...----- Has this property been divided from or had divided from it WairCWRISILI Y since August 30, 19727 Yes No XX Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes XX No FEE OWNERS OF PROPERTY: Name: Glen Baxstrom Address: 9750 N. 96th St. #253 Phone= 602-391-2339 Contact Scottsdale , Arizona 85258 Burl Name: VanBuskirk 785-2291 Address: Phone: Name: Address: Phone: private well will WATER SOURCE: Larger Parcel be applied forrnaller Parcel Private Well- permit applied TYPE of SEWER: Larger Parcel none Smaller Parcel county approved septic system PROPOSED USE: Larger Parcel Agri.. ground Smaller Parcel Home site ACREAGE: Larger Parcel 10 . 5 Smaller Parcel 3 . 5 EXISTING DWELLINGS: (Yes or No) no (Yes or No) no I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF DO ) � V 1 ' 44id.464.1146� Signature• r Authorized Agent KR Subscr dlact to before me this day of R , 19/d. EE �f t- ttlit•AVE on (R 4,r „/�l��I ‘421-14-1-f-talc7 . 1 � �C Not ry Public d aic,, (2L i, _,y�,2, a, My Commission Expires Cam//ac79/ __ I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , Glenn Baxstrom (name ) , the undersigned , of 10015 East Mountain View Rd. #1032, Scottsdale, 85258 (address ) , County of , State Of Arizona hereby constitute , make and appoint Burl Van Buskirk of ,140 Denver Ave. , Fort Lupton, CO 80621 (name) _ _(address) , County of Weld State of Colorado - , my true and lawful attorney-in-fact , for the following purpose : To represent me in the matter of the foregoing attached a parcel located in application for .a Recorded Exemption , Section 20, TIN, R65W (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said appli- cation, before the Planning Staff, Planning Commission, and Board of County Commissioners, (Board of County Commissioners, Board of Adjustment , etc . ) and to present evidence on my behalf before sai card. Glenn Baxstrom Subscribed and sworn to before me this 0254 day of t� f'n.46:- , 19 W. otary 1515ur c ( - My Commission Expires : My Ccxruntssjon Expires Jan. 31, 19T 804-'79-012 General comments : The owner of this property, Mr. Glen Baxstrom is having financial problems and has been unable to pay the note secured by the property. I have been consulting with Mr. Dale Utley, Executive Vice president of the Frontier Bank in Denver and Mr . Baxstrom for a solution to solve their problem. Mr. and Mrs . Richard Stahl , Who are both Teachers in Brighton, desire to purchase a 3 . 5 acre tract along the West edge of the property to build a home. The sale of this property along with the sale of another five acre site from a separate property would solve Mr . Baxstroms financial problem with the Bank. Please notice a copy of the Frontier Bank ' s check which paid the application fee is attached. 1 . Application completed and attached. 2. Certificate of conveyances is attached. 3 .Copy of Deed to Baxstrom, Purchase agreement between Baxstrom and the Stahl ' s is attached. 4 . The property now consists of 14 acres of dry farm ground that hasn't been fanned for a few years. Mr. Baxstrom hopes to sell a 3.5 acre tract to the Stahl's and then keep the remainder for an additional 5 years or so for a retirement site or possibly to sell later for retirement income. The Stahl's want a small home site in the country. 5. This property has been owned by Mr. Baxstrom since 1974 and has never had a parcel split from it, therefore, it should qualify for a recorded exeemption. 6. The zoning of the subject property is now agriculture and it is desired that both parcels remain zoned agriculture. No zoning change requested. 7. The 14 acres is now a dryland farm of very limited production. It has not been fanned at all for the past few years. The surrounding area is all agriculture zoned and much has been developed into small acreage tracts. There small tracts all around this parcel and Vantage Acres is just about 1/4 mile to the West. The 3.5 acre site will be compatible with the surround acreages. 8. This property is located in the section adjoining Vantage Acres Subdivision which is developed into 5 to 10 acre sites. The intended use of this parcel will be for a small rural home site where they can keep animals in an agricultural zone. The future development of the area is most likely to be in small acreages. 9. The parcel to be split off lies on the south side of Road 8 and on the East side of the Bebee Seep Canal. It will have acess from the County Road 8. The larger parcel will have acess from Road 8 and Road 41. This split will not interfere with the future development of the surrounding properties. 10. The proposed water will be from a domestic well approved by the State Groundwater Resources and the sewage disposal will be through a County approved septic and leach field. Copy of the well permit application is attached. 11. The property is located between Lochbuie and Hudson at an elevation of approx- imately 4980 feet. It is not in a flood plain or a geologic hazard area, nor near the Weld county Airport or any other airport. 12. If this application is approved, the Stahls will pay cash for the property and will proceed to build a nice home on the site. Mr. Ken Grein from Brighton is the intended builder. Mr. Baxstrcm realizes that if this split is approved he won't be able to qualify for another split for 5 years. He also realizes that a deep well permit might be required on the larger parcel. ca rTh "17 s.) j: • WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Order No. 8504805 The TRANSAMERICA 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: Property in the State of Colorado, County of Weld as setforth in Exhibit "A" attached hereto. CONVEYANCES (if none appear, so state) : Reception No. 1.630315 , Book 706 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 nor an opinion of Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 20th day of March , A.D. , 19 90. at 7 : 00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY BY: 716719427/.7/ fJi1,/ rneten•, AUTHORIZED SIGNATURE .. '77) � _ s'..,_ EXHIBIT "A" Order No. 8504805 LEGAL DESCRIPTION Part of the NE} of Section 20, Township 1 North, Range 65 West of the 6th P. M. , WELD COUNTY, COLORADO, lying East of Beebe Seep Canal, being more particularly described as follows : PARCEL ONE Beginning at a point which bears South 0°4 '00" East 30.00 feet and South 89°19' West 30.00 feet from the NE corner of Section 20, 1 J Township 1 North, Range 65 West of the 6th P.M. , which point of beginning being corner #1 of the parcel of land described herein : From the point of beginning of Corner #1, South 89°19' West 750.60 feet to Corner #2; thence South 15°50' West 488.90 feet to Corner (i' #3; thence South 28°19' West 32.33 feet to Corner #4 ; thence South V v 62°34 ' East 478.29 feet to Corner #5; thence South 86°45' East 476.41 feet to Corner #6; thence North 00°4 ' West 755.10 feet to Corner #1 to POINT OF BEGINNING. PARCEL TWO Beginning at a point which bears South O°4 '00" East 1289.70 feet and South 89°19' West 30.00 feet from the NE corner of Section 20, Township 1 North, Range 65 West of the 6th P.M. , which point of beginning being Corner #1 of the parcel of land described herein : from the point of beginning of Corner #1 South 73°28 ' West 1967. 11 feet to Corner #2; thence South 45°2' West 1015.45 feet to Corner #3 ; thence South 00°24' West 174. 12 feet to Corner #4 ; thence North 89°51 ' East 2571. 59 feet to Corner #5; thence North 38°58' East 56.40 feet to Corner #6 ; thence North 00°4 ' West 1401.08 feet to Corner #1 to the POINT OF BEGINNING, WELD COUNTY, COLORADO. EXCEPTING therefrom that portion conveyed to the State Highway Commission of Colorado by instrument recorded July 17, 1952, in Book 1335 at Page 155, Weld County Records, being described as follows : Beginning at the SE Corner of the NEI of Section 20, Township 1 North, Range 65 West; Thence along the E line of Section 20, NO"06'30" W a distance of 251.1 feet ; Thence S 81°02'30" W a distance of 30.4 feet ; Thence S 0"06'30" E a distance of 207.3 feet ; Thence S 36°02'30" W a distance of 49.6 feet to the S line of the NE} of Section 20; Thence along the S line of the NE} of Section 20, N 88°59 '30" E a distance of 59.3 feet , more or less , to the POINT OF BEGINNING. ALSO EXCEPTING therefrom, that portion conveyed to the State Highway Commission of Colorado by instrument recorded July 17, 1952 in Book 1335 at Page 157, Weld County Records, being described as follows : Beginning at a point on the S. line of the NE} of Section 20, Township 1 North, Range 65 West, from which point the SE corner of the NE* of said Section 20 bears N 88' 59' 30" E a distance of 59.3 feet ; Thence N 36° 02' 30" E a distance of 49.6 feet to the westerly right-of-way line of the present public road along the East line of said Section 20. of C(.71:3:7) 4�� • Order No. 8504805 Exhibit "A" - page 2 ALSO EXCEPTING therefrom that portion conveyed to the State Department of Highways Division of Highways, State of Colorado by instrument recorded April 27, 1982 in Book 966 as Reception No. 1889849, Weld County Records, being described as follows : Beginning at a point on the South line of the NE4 of Section 20, Township 1 North, Range 65 West of the 6th P.M. , from which the SE corner of Section 20 bears S. 1°57 ' 15" E. , a distance of 2, 676 . 4 feet ; 1 . Thence N. 36°02 ' 30 ' E. a distance of 5 . 3 feet; 2. Thence N. 7°21 ' 45" E. a distance of 184 . 2 feet ; 3. Thence N. 16°36 ' 30" E. a distance of 104 . 4 feet to a point on the West right of way line of County Road 41 (Aug. 1978 ) ; 4 . Thence N. 89°54 ' 45" E. a distance of 30 . 0 feet to the east line of Section 20 ; 5. Thence S. 0°05 ' 15" E. , along said Section line, a distance of 49 . 5 feet to the northwesterly right of way line of I-76 (Aug. 1978 ) ; 6 . Thence S. 81°02 ' 30" W. , along said right of way line, a distance of 30. 4 feet; 7 . Thence S. 0°06 ' 30" E. , along said right of way line, a distance of 207. 2 feet; 8 . Thence S. 36°02 ' 30" W. , along said right of way line, a distance of 28 . 8 feet to the South line of the NE4 of Section 20 ; 9 . Thence S. 86°32 ' 30" W. , along said south line, a distance of 40 . 2 feet, more or less , to the point of beginning. . n +�... .,.:gyp, �..1 -- - FEB 151974 real �`J' WOK Recordedat_1/,‘,3..C..__.•PI . /Q H ..._.........._ o .7 7Q8 n en doe N°—.._1S30315— - --- i W Neel, ._"s.--Recorder.—/ Tins DIED, rat Ude 8th day eIrebruary. u 74 e Whims Hudson Estates, Ltd., a Partnership o. I .-a firms Documenkwy yes a emu. �s nFEB 151974 tr% comas d Jeffersonand stem d Coloreds.d the first pert, end � _ a , OD a VI Glen Baxstrom :9, I etas Cana of Arapahoe end Mats al ,a NI Colorado,d as second pert: , e eel "• WMOISSHTH,That the saki party of the tint pert,for and in condderatien of the sus of w o Eighty Thousand DOLLARS r- to the said petty ofthe first part n had paid by add party at tM secondput,the receipt whereat te .- r o hereby confused and annwledged, his granted, bargained,wed d eld a eenveyed,a by thus presents days otreat, bargain,sea, earn and confine, ante the old party at the salad maids laps sad assigns tor- o0 aver,all the followfag deseribed tot or parcel et tad,date,tying end being a the Coco4 at Weld aad Mate of Colorado,towItt in See Exhibit C attached hereto and incorporated g"r herein. 74 TOGETHER with all sad elsgdsr the Wiaeena sad appartesesesa liana Wengba, r In masker appertained, W the reareiss sad .evernes,reamer sad reraleden,ran bean sad sets tined,sad d the estate,right,title,Inters*elan and dwarf whaasever d the said put, at the Oat peel,either a law or amity, of, a eel te this above bargained mein%with the broditu as W MMrtennea TO HATE AND TO HOLD the said praiser above bargained and derribed wpb the appaneeew, seta the Wt Puny d the eaeant pert, his heirs sad anima forever. Ad the said party d as fist pest, fr itvel f tars,aerators,ed dmlaatrsmr,deem revenant,gnat,bargain.W agree te sad with the said patty of the wood part, his lira end maga that at the time of the eensallns end delivery d these presents, it is well send of the premiers shove amend,u if god,sore Puna.sheolote lad indefeasible estate d aheritum,in law,a fee shale,and has good tight,fall power and awful authority to gnat,bargain,sell and convey the saw a manner ad tee as doreeJd,sad that the saw an free sad elsar ten all fumy sad other grants,bargains,salsa,Mena,tuns,sswseata and acnehnnrw d whatever hind r Won•a^r•r except as of record i and the one bargain prualw a the mulct end peaceable pease d tb said party d the eased parr, his Lion sad antes anal d and everyman r persons Madly ra ng et te die the whets et w pad theta,the said part y d the mat part shall ad will WARRANT AND!OREM DHenin Di WITNESS WHEREOF,the said party d W test put ha • beremte eat its bead Wad the uy and year and above watts HUDSON ' -ESTATES. LTD,rya partnership By.idi_6&aan..pc.lt daL.._..__.(MHAL) ..:..:2.E.:. .. ..�.Lcr..._...—.._....-._.._(aRAL) AP s, l A a fTATH OF COLORADO. -._.__._._...____....._ ....__. ..._uHALI ,t ,,,.......;at ens 4 Adams b. ......._._. • tor was�wWged Wm se 1W etM Vpd ys6ruary _t .r�^" '�,j° SReR and M. C. DR COLA, pwnl rtwn of BUD O < " ^ --`. r tsanhlP a MW 9q1 eaUTRM, ,,., -. sy had esaL *3 My , ,$)tj9 macs*Umber 29, 1915 �j ✓ calk • •• ao4 1630315 '708 .2-� EXHIBIT 'C' PARCEL ONE Beginning at a point which boars South 0. 4' 00' East 30.00 foot and South 09. 19' West 30.00 feat from tho NE corner of Section 20, Township 1 North, Range 65 West of tho 6th P.N., which point of beginning boigh corner fl of tho parcol of land described heroin. Prom tho point of beginning of Cornor fl, South 89. 19' West 750.60 feat to Cornor f2; thonco South 15' 50' West 488.90 feet to Corner 63; thanco South 20' 19' Nast 32.33 foot to corner f4t thonco South 62. 34' East 470.29 foot to Cornor 051 thonco South 86. 45' East 476.41 Poet to Cornor 46; thence) North 00. 4' Nest 755.10 feet to Cornor 01 to POINT OP BEGINNING. PARCEL TWO Beginning at a point which boars South 0' 4' 00' East 1269.70 feet and South 09' 19' Wont 30.00 foot from the NE corner of Section 20, Township 1 North, Rango 65 Went of tho 6th P.N., which point of beginning boing Cornor 61 of tho parcol of land (Inscribed herein; from tho point of boginning of Corner 41 South 73. 28' Want 1567.11 foot to Cornor 42; thonco South 45. 2' Went 1015.45 feat to Cornor 43; thence South 00. 24' {Pont 174.12 foot to Corner 44; thanoe North 09' 51' East 2571.59 foot to Corner 05; thonco North 38' 58' East 56.40 foot to Cornor 66; thence North 00. 4' Wont 1401.08 foot to Cornor 01 to tho POINT OP BEGINNING, WELD COUNTY. COLORADO, EXCEPTING thorofrom that portion convoyed to the State Highway Commission of Colorado by instrument rocordod July 17, 1952 in Book 1335 at Pogo 155, Weld County Records, being described as follows. Beginning at the SE Corner of tho NE 1/4 of Seotion 20, Township 1 North, Rango 65 Wont; Thonco along the E lino of Section 20, N 0. 06' 30' W a distance of 251.1 foot; Thenco S 01' 02' 30' W a distance of 30.4 foot; Thence S 0. 06' 30' E a distance of 207.3 foot/ Thonco S 36' 02' 30' W a diatanco of 49.6 feat to the 8 line of tho NE 1/4 of Section 20; Thenco along tho S lino of the NE 1/4 of Soction 20� N 88. 59' 30' E a distanco of 59.3 foot, more or lose, to tho POINT OF BEGINNING. ALSO EXCEPTING thorofrom, that portion conveyed to the State \ Highway Commission of colored° by instrument recorded July 17, 1952 in Book 1335 at Page 157, Wald County Records, being described an follows, Beginning at a point on the S. line of the NE 1/4 of Section 20, Township 1 North, Ringo 65 Wont, from which point the SE corner of tho NE 1/4 of said Section 20 boars N 88. 59' 30' ! a distance of 59.3 foot, Thence N 36' 02' 30' E a distance of 49.6 foist to the westerly right-of-way lino of the present public road along the East line of said Section 40. • • • I I i • i Z•Z a. • .a _ . - , .®- \ ^ % N . \ . n | ' \ j 1-41 01 I * co | ) � . ` � : / | ( \ / }. x a) ^ | /\ al cr o , 0 ° § / § | § { ' j / ( � all 2 U / • @ al\ X � • \ \\ _ •o §} cc 2 $ no -a . ) W 0leiml j t � � � § ] G « U k \ /\ 2«2523 WRJSRev. 7G COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 PERMIT APPLICATION FORM Application must be complete where ( ) A PERMIT TO USE GROUND WATER applicable. Type or (X) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: ( I A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( IOTHER WATER COURT CASE NO. (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAMEGlen Baxstrom Receipt No. / STREET 9750 N. 96th St. # 253 Basin Dist. CITY Scottsdale, AZ 85256 (Stale) (Zip) CONDITIONS OF APPROVAL TELEPHONE N0. 1-602-391-2339 This well shall be used in such a way as to cause Contact Burl Van Buskirk Metro 629-0432 no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water WELD right or preclude another owner of a vested water County right from seeking relief in a civil court action. NE /. of the NE %, Section 20 Twp._L_ ling. 65 6 P,M. IN,51 IE,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): 1 acre foot Number of acres to be irrigated: less than 1 acre Proposed total depth (feet): less than 250 feet Aquifer ground water is to be obtained from: A.owe2 surface or era tapper Arapahoe Owner's well designation Baxstrom #2 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (01 (X34 DOMESTIC (1) ( ) INDUSTRIAL (SI ( 1 LIVESTOCK (21 ( ) IRRIGATION MI ( I COMMERCIAL (4) ( ) MUNICIPAL (8) ( I OTHER (91 APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) (4) DRILLER PERMIT NUMBER DATE ISSUED Name to be determined EXPIRATION DATE Street City (STATE ENGINEER) (Slate) (Zip) Telephone No. Lic. No. BY I.D. _ COUNTY • • • (5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATED BELOW which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. f _t_ — } — ±, — -(- — -I- -- -{- — - 100 ft. from north _I Inurin or soulM1j-SCC. line It ---1 MILE,5280 FEET—__.* -f- + + + + 700 ft. from _east__sec. line -)- -I- .+ (east or west) I I I LOT BLOCK FILING x -{- - -).. - 1 _NORTH SECTION LINE SUBDIVISION I x - + _ + NORTH (7) TRACT ON WHICH WELL W LL BE r I z- — + _ _ -f- _ m LOCATED Owner Glenn Daxstrom I a I I y r No. of acres 14 rn I Will this be �- - - -}- w —�_ 1 the only well on this tract? Yes +- - -I- I E-en I z° (8) PROPOSED CASING PROGRAM -{- -{-- �_ _ _f _ r- I Plain Casing T — -I-- - m 1 I 13✓9 I 4 �a n. from 1 ft. to 45-7 / ✓� ft. — +' - in. from ft. to SOUTH SECTION LINE — -{- — -I- Perforated casing ft. -I- _) + I _in. from -2-5- ft. to______ t (l. in. from ft. to ft. �_ _ _i_ - + _ + (9) FOR REPLACEMENT WELLS givedistance -I- - -.I- _- _I_ __ _i_ and direction from old well and plans for plugging -I- it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. N A WATER EQUIVALENTS TABLE (Rounded Figures) An acre-loot covers 1 acre of land 1 toot deep 1 cubic fool per second(cfs) , . .449 gallons per minute(goad _A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-fool ...43.560 cubic feel . . .325,900 gallons. 1,000 gpm pumped continuously for one day pr oduces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Glen BaxsL-rom Legal description: part NC 1/4 , Sec 20 No. of acres: 14 TIN, R65W, lengiitY legal attached___ (11) DETAILED DESCRIPTION of the use of ground water; Household use and domestic wells must indicate type of disposal system to be used. Household use livestock, lawn and garden not to exceed one acre. ------ Disposal will be by a county approved se tic system--_ -a_pc7-_leach field._ (12) OTH R WqT R RIC`1,re used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for(purpose) none Description of land on which used • 13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. J Glen Daxstrom r yr ArPL/CANT(S1 GSw �.,r�d�l4L�L y Burl Van Buskirk, Agent with POA Use additional sheets of paper if more space is required. • _ _ l9' �r�I'T"�9 v '^2"n "N,'1/4);&'''.,S,' b Y Yom, 1-r+t1 I' j ?Ilk; r r f � ✓4o ..,'3i.'',;;),. Y:. 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I �r.f.m., �Y�' �laX "4;:t.�r�.Y r 11)•(L:r'i�t'1;,f rq,Liii 2J!".4.1l,/',,ri1.d'�,14''41 t 1 rrl�� • y..r'M+� • ti . , y[ 1+ a Cpt�rt}1 ..1)'''''''-''P')/150 W h 4 f..d o ,(, , i T r t - 1 �0;4 4, I4, I4tniA. r 4 W R rY,�} a1.43i ., �+0 q Y.*IJA% .r f� �' 44.:%%..t. ,4. %..t., �',+J. 1' . , 4k�,4Y Ir !lt .��.� }151NF�71�i'S'"I.#�i�fN'!.+ �lhld � ,a x'Tyf. }�r� f�'. .�..5r � 2.1�f.....� --, • ji • ='' ,\.„, • .., IC �O et Z d - 1wnsi 3111111 f WM3 1 31NpD -� I+ + +a - ,W f A .id Zip T o�id +y b34 � ¢ 4 : y�1 '�7j1/'D-- t-4 q 3S � N— - ... —._, 3 -� / _-l - M W 3 ag co m - # E E I SWz _ ..� ",`i 1 sal I S _ S[ GotC3 co IS g i®w W I' W gg. ;Is Ill „ a \ \fi • \II c yCgi. + W j a- -` f _ _JP01N,f 1 IIKKIEf I Tri1�- �NINd i T!fl _•� I ^a W J 8 VI W S „Ti ET � "-2'-- g p Wk ]K Nil . ;ill y v a W W gl ._ .—➢'✓1315Yd-w-3nnf=W,I s to t0_ � >J wa Y� Yw.W N N3Y', - - M ii 1 ♦�: L Y 2 lag a Q$? K V T J s W JJ 3a.. \� 'AI,- '41'4,9 q _ \Nifh. a VN41 I �jlM FW I d3� p U W4ptiJ22 o SIns W WW� —Ili K-- —mom__ `� 'a< N.43 s f ; TA ( W C‘ ill 3_ 71 °Ii Itgall � i CIa"I sd I L�715BIIT o,)l�� a°,or a°__e iice - 6 A a + I J .J u F \Q + / I J g (1 _ IlIE xJ m e � M m W ..s Poae. N b . a &� � � N § Y4 N� 9 I � 3 i M a 1 Q + a _ zi _ ci o �j ` e „, I s W _ _ _ S#3 - 0 � �N 5 + W I 7 H .' a _ . W ..i m "e . r . w� 1 c o - 11< & I U�Y51 l?d + e I Z J a \ KrAa' .4 �I - — � 4 " _ __ _ 11 - -_, i -4 W —� + g a a 9 . . 4,9 n W =+ < . -- _ --- - 'lir3 I TA + l1 I ils.i. - J E i 1S o2 y $.r iW_.I�� w 1 I it . J.L' SEARS & ASSOCIATES INC. REAL ESTATE 303/857-2930 • 303/629-0432 • 303/785-2291 140 DENVER AVENUE - roar LUPTON - COLORADO 00621 THIS IS A LEGAL INSIBUNIENT.IF NOT UNDERSTOOD,LEGA I.,TAX The printed portions of this form approved by the OR frrHER COUNSEL SHOULD BE CONsourcD BEFORE SIGNING. Colorado(teal Estate Commission(CIIS3-5-69) VACANT LAND/FARM AND RANCII CON1'RAC1"1'O BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) April 13, i,)90 L PARTOLSANDPROPHUY. Richard R. atahl and Patricia Hotchkiss Stahl ,purchaser(s)(Purchaser',(as joint tenants/j6r);pfgfy4ybpdy6)4 agrees to buy,and the undersigned seller(s)I Sellerl,agrees to sell,oar the Ielms cool condilions set forth in this com race,the following described real estate in the County of ,Colorado,to wit: The West 179 feet +- of the Weld County Road 8 road frontage, being the West 3 . 5 Acres of the parcel described in "Attachment A" . EXCEPT AND RESERVING unto the seller all oil , gas , and other minerals and subject to all leases of record . kmownm N,o, vacant ground at Road 8 and Bebee Seep Canal (Sired Address,Illy.Slate.Zip) logdher with all i Imes(of Seller in vacated streets and alleys adjacent thereto,all easements and otter 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 Nitrify on the date of this contract:lighting,heating, plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/firNburgl ralarms,security devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,f 1101 coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls;(b)if on lie Properly whether attached or not on the date of this contract:Intiil-in vacuum systems(including accessories),storm windows,storm doors,window and porch shades, awnings, blinds, SCreetx, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds,all keys and garage door openers including remote controls;and(c) None- vacant ground (d)Water Rights.Purchase price to include the following water rights: None (e)Growing Craps.With respect to the growing crops Seller and Purchaser agree as follows: none The above-described included items(Inclusions)are to be conveyed to Purchaser by Seller by bill of sale,_N/A deed or other applicable legal instrument(s)al the closing,fret and clear of all taxes,liens and encumbrances,except as provided in section III. The following attached fixtures are excluded from this sale: none 3.PURCHASE PRICE,AND TERMS. The purchase price shall he$ ) 7 • 900-0 n ,payable in U.S.dollars by Purchaser as follows(complete the applicable terns below): (a)Earnest Money. $500 .00 _in the form of good check ,as earnest money deposit and part payment of the purchase price,payable to and held by J.L. Sears & Assor^lates, Tor- ,broker,in broker's trust account on behalf of both Seller and Purchaser.Broker i;authorized to deliver the earnest money deposit to the closing agent,if any,at or before dosing. (b)Cash at Closing. $ 12, 400 ; 00 to he paid by Purchaser at closing in cash,electronic transfer funds,certified check,savings and loan teller's check,or cashier's check.Subject to the provisions of section 4,if the existing loan balance at the time of dosing shall be different from the loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows: N/A (c)New I.onn. _ ' rchaser obtaining a new loan. l loan will be secured by a(Isl. •.) decd of trust. The new Purchaser shall be amor ver a period or at approximately.$ per 'ng principal and interes exceed \R' %per ammmm,plus,If relmrred by .aascr's Icnder, a deposit o _ of the estimated anmua r . ate taxes,properly insur nt Diann,and mortgage insurance pre If the loan is:m mljuxlm o crest late or gradutct 1• lit lucid,the p:ymeins:u •est rate initially shall not ex he figures set forth above. <t..F) CI 910 Loan discount points,if any,she • aid ho lender Ill dosing. all not exceed %u tat loan:umoupt.'The firs etc.)_ loan discount pi ' -hall be paid by and the balance.i a tall be paid by huchascr shall timely pay, • 'origination fee not to exceed o%of the loan amount am 'laser's loam calls.Cars • 'appraisal for loan pa •s la be obtained afer this shall be paid by upon loan applicat required by lender. No.CB53-5-89. VACANT ILA NIVEA ND It A NCR CONrRACT'1 'A N0 SELL REA I.EST'AE (dl Assumption. by Purchaser%assuming and agreeing to pay an existing loan in this approximate amount,prese ily payable a $ per including principal,inlcresl presently at % r amain and includingescrow for the hulloing as indicated: ❑read estate taxes, ❑property insurance premium, 1_I mortgage insurance prey um. and . Purchas agrees to pay it Ina transfer fee not to exceed$ .Al the time.of ass untplion,the new imeresl rare shall not exceed % per annum a he new payment shall nil exceed$ phis escrow,if any. Seller [I sh II ❑shall not he released from liability on said loan.If applicable,compliance with the requirements for release f m liability shall Le evidenced by lel ery at closing of appropriate lever from lender.Cost payable for release of liability shall he paid by in an amount nal to exceed$ (el Seller or Private bird-Party Financing, by Purchaser executing a promissory note payable lo: on the note fort as indicated:(cheek one box) ❑Right-o-Cure N'IU 82. 1-g3 ❑No Right-to-Cure NT')x1-114O ❑ secured by n(Id,2nd,roc.) deed of trust encumbering the Properly,using the form as hall• led:(check one box) ❑Strict Due-on-Sale OD 72-1 3) ❑C'redilworlhy(TD 73-11-831 IJ Assumable—Not due on sale U 74-1I-53) El The promissory note shall be mina tried r the basis of years,payable:n$_ _ per including principal and interest at rate of 'Ira per annum.Payments shall comer we_ and shall be due on the day o each succeeding If not sooner pail,the balance of principal and:wens !interest shall be due and payable _ after dosing.Payments O shall ❑shall not be in cased by of estrum d mimed read eslme taxes,and ❑shall [I shall not be increased by of estimated aural proper insurance premium. 7'he loan shall also contain the following terms as'mho& :If any payment is not rec vet within calendar days after its wire dale,a law charge of 'R,of such payment shall be doe.Interest q Iealer disbursemen under the decd of trust shall be perannum. Ih lindr interest rate shall be %per ma nn. Purchaser may prepay without a penally except 4. TINA NCINC CONDITIONS A NDUIILICATI(1NS. (a)Lin hA lieatimds). If Purchaser is to pay all or pan of the purchase price as set forth in section 3 by obtaining a new loan or if an existing loan is not la he cased at dosing,Purchaser,if required by such lender;shall make written application within calendar days(nun rico:prance of this col rad. 'urchaser shall cnuperare wish Seller and lender to obtain loan approval, diligently and timely pursue saute in goal faith,execute all doimment-and furnis all inhumation and documents required by the lender,and,subject to section 3.timely pay lbe costs of obtaining such loam or lender co mt. (Id Loan Approval. If Purchaser is lo pry allot purl of the chase price by obtain g a new loan as specified in section 3,thiscontract is conditional upon lender%approval of the new loan on or'whim .If not so approved by said dare,this contract shall terminate.If the loan is so appoved,but such pneeeds are rot available to Purchaser as repo •d in section 5((ioud Funds)at the time of dosing,closing shall be extended unu time for calendar da , put In exceed(5)five). If sufficient li als are nil then available,this contract shall terminate. (e)Existing-Loan Review, If an existing lust s not lu be released al closing,Seller shall I :vide copies of the loan documents(including note, deed of trust, modifications)In Purchaser wilhir calendar lays from acceptance of tin conrracl. This contract is conditional upon Pur- chasert review and approval of the provisions ri rich loan documents.Purchaser consents ludic pmvisiu s of such loan documents if no wrillen objection is received by Seller or Listing Company fr n Purchaser within calendar days from Purchase•%receipt of such documents. If the lender's approval of a l rnsIO of the Property is re rived,this contract is cundir ions l upon Purchaser's obtaining such a novae without change in the terms ufwch loan,except as set forth in section 3.I order's approval is not obtained on or hefure , 19 this contract shall be terminated on sac, nte.If Seller is to be released from liability under such existing loan and lurch ser dues not ulna'n such compliance as sel forth in section 3,this con act may be terminated at Seller's option. (d)A•••• pi' Balance If Purchaser is to pay all or pan of the purchase pace by assuming an existing loan and he actual principal balance of the existing loam al the dale I closing is less than the amount in Section 3 by more than Ihcn `Irchascr ern}'Icrrninale this contract effective upon r tip(by Seller or Listing Company of Purchaser's written!arrive of Icrminaliun. �� (e)Credit inform Minn. 1 f Purchaser is no pay all or part of the purchase price by executing a promissory note in favor of Seiler ur if an existing loan is not to be release a1 closing,this contract iz conditional 1111O11 Seller's xpprowl of Purchaser's financial ability and credirworlhidets.which approval shall be at Selbe sole and absolute discretion.In such cave:(I)Purchaser shall supply to Seller on or before \ 19 ,at Purchaser's expense,inhn'uhation and throatier.concerning Purchaser's financial,employment and credit condition`(\2)Purchaser consents 11 1 Seller may verify Purchaser's financial ability and eredilworrhi ness:(3)any such information and documents received by Seller Nra II be held by Sell• in confidence,and not released to others except to protect Seller's interest in this transaction;(4)if Seller dues not provide written-Trice of Sell• s disappmval Im Purchases on or before 111 Ihcn Seller waives this condition. If Seller does ph ide written notice of disapproval In Purchaser on or belirre said date,this contract shall terminate. S. COOU FUNDS. All payments required at closing shall be made in fors which comply with all applicable Colorado laws. 6. NOT ASSICNA MY_ This contras shall not toe assignable by Purchaser wiihoul Seller'%prior written consent. Except as so reslrided,this contract shall inure to the benefit of and be binding upon the heirs,personal repose ':dives,successors and assigns of the parties. 7. le.VIIIENCI'.t)IrlITId?• Seiler shall tarnish to purchaser,at Seller's expense,either a currem comnhimtenl for owner%lisle insurance policy in an amount equal to the pmra'hase price or at Seller's choice,art abstract of title ccrrifiel to a current dare,on or IefaeA T 11 2 -_ J 19 99 . If:tide insurance commitment is furnished.Purchaser may require of Seller Thal copies of lusotorreots(or abstracts of instrumams) listed in the schedule of exceptions(Exceptions)in the lisle insurance commitment also be furnished to Purchaser at Seller expense.This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or crannies. The title insurance ettttt chl,together with any topics or abstracts of instruments furnished pursuant In this section 7,constitute the title documents(Title Documents). Purchaser must request Seller to furnish copies err abstracts of instruments listed in the schedule of exceptions era later ih:m ri' calendar days after Purchasers receipt of the nil le 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 he premium at closing. R. '1 ITLls. (a) 'Tide Review. Purchaser shall have the right to inspect the Tillc Documents or abstract. Written notice by Purchaser of uunerchanlabihty of title or of any other a sarislactory title condition shown by the Title Documents or alst racl shall be signed by or on behalf of Purchaser and given ten Seller or Listing Company on or before 6 I Y 7 calendar days xlkr Purchaser's receipt of'I'ille Uucuuaenls or abstract,or within five(5)calendar days after receipt by Purchaser of any Title Documengs)or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title Iheumenl adding new lixcepliun(s)to title.If Seller or Listing Company does era receive Purchase's notice by the elate(s) specified above,Purchaser shall ire deemed to have accepted the condition of title as disclosed by the Title Ihtcumets s sal islaclory. • • r9n (b)Matters Nal Shown by the Public Records. Seller shall deliver to Purchaser,on or before the(lane so forth in section 7,Irue copies of all lease(s)and survey(s)in Seller's possession pertaining to the Properly and shall disclose to Purchaserall easements,liens or other title matters nol shown by the public records of which Seller bas actual knowledge.Purchaser shall have the right to inspect the Properly In 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(%)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Powhaxeand given In tidierrr Listing Company on or benne May 10, ,Iq 9 .If Seller or Listing or whit y does not rhos ac Purchaser:notice by said date,I'undescr shall be deemed to have accepted lids subject to such rights,irony,of Ibinl parties of which Purchaser has actual knowledge. (e)Right In Cure. If Seller or Listing Company receives notice of unoerchant ability of title or any other tins:nisfactory title comfit Mots)as provided in subsection(a)or(b)above,Seller shall use reasonable Mini In correct said unsatisfactory title condition(c)prior to the date of closing.If Seller fails to correct said un%atislha'lory title conditions)on or reline the dale 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 bxfure closing,waive objection to said unsntis(sctury title cnmlition(s). 7. DATE OF CLOSING. The dale of closing.shall lx: See RlLH4C23L17 # L p) or by mutual agrccnncnLo an earlier stale. The hour and place of closing shall be as designated by J .L. Sears & Associates , Inc. 10.TRANSFER OF TITLE. Subject In lender or payment on closing as required herein and compliance by Purchaser with the other terms and pnwisinns hereof,Seller shall execute and deliver a good and sufficient general Warranty Acct toPurchaser, on closing,conveying the l'm(crly free: ul u clear mf all taxes except the general nixes for the year of closing,and except none other ;free and clear of all liens for special improvements installed as of the date of Purchaser signature hereon,whether assesseslor not;except distribution utility easements,including cable TV;except those matters reflected by the 'file Documents accepted by Purchaser in accordance with subsection li(a);except those rights,if any of thin!parties in the Property not shown by the public records in accnnl:nice with subsection g(b);and subject to building and zoning regulations. II. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall he paid at or before the time of settlement from the pnceeds of this transaction or from any other source. 12, CLOSING COS'T'S,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$ Sn no and shall be paid at closing by split between buyer and seller. 13. P1K)tA1'IONS. General taxes for the year of closing,based on the most recent bevy and the most recent assessment,rents,water and sewer charges,owner's association dues,and interest on continuing loan(s),if any,and none other shall be prorated to date of closing. Any sales,use and transfer lax that may accrue because of ibis transaction shall be paid by Doc, fee paid by purchaser 14. 1'OSSKSSION. Possession of the Property shall he delivered to Purchaser as follows: final settlement and delivery of deed. • subject to the following lease(s)or lenancy(s): none If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall he subject to eviction and shall be additionally liable to Purchaser for payment of S _°— per day from the dale of agreed possession until possession is delivered. 15. CONDITION OF AND DAMAGE TO PROPERTY. The Properly and Inclusions shall be conveyed in their present condition,ordinary wear and tear excepted. In the event the Plnperty shall he damaged by fife or other casually prior to time of closing,in ant amount of not more than ten percent of the total purchase price,Seller shall Ie obligated to repair the same reline the dale 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 shape he entitled to credit for all the insurance proceeds resulting from such damage to the Property and InelnnSlnnx,1101 exceeding,however,the total purchase price.Monad;my Inclusion(s)or service(%)fail or be damaged henvenu the date of this contract and the dale of dozing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of.such I elusion(%) or service(s) with a unit of similar sire, age and quality,or an equivalent c'red'o, less:toy insurance proceeds received by Purchaser covering such repair or replacement The risk of loss for any damage to growing crops,by fire or othercasualty,shall be hone by the party entitled to the growing crops, if any,as provided in section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. 16.TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any mile or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation liecmoles is not perlinrmed or waived as herein provided, there shall be the following remedies: (a)IF PURCIIASER IS IN DEFAULT: IPTI Ili ROX IN SUIISEC1'ION(I)IS CI IGCK ED,SELLER'S REMEDIES SHALL Ill:AS Slit FORT'!'IN SUIISIrrioN(I) !SPECIFIC PERFORMANCE!. IF SAID ROX IS NOl'CHECKED, SELLER'S REMEDIES SHALL BE AS SGT FORTH IN SUBSECTION(2)[LIQUIDATED 1MMAGGS I. ❑(q Specific Performance. Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall he forfeited and retained on behalf of Seller,mxl Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full!Meeand effect and Seller shall have the right to specific performance or damages,or poll. (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 heremxder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection(c))are SELLER'S SOLI;AND ONLY REMEDY for Purchasers Ihihue to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. (h)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 loth. (c)COSTS AND EXPENSE4. Anything Collie contrary herein notwithstanding,in the event of any litigation or arbitration arising oul of this cont ract the court shall award to the prevailing party all reasonable costs and expense,including attorney lees. 17. EARNKST'MONEY DISPUlt. 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 broker or 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 lake any action hub may await any proceeding,or at bmkers or closing agent's option and sole discretion,may inter plead all parties and deposit any moneys or things of value into a court of c relent jurisdiction and shall recover court costs and reasonable attorney fees. . . r IN. INSPECTION. Purchaser or any designee,shall have the right to have inspection's)()I'the physical condition of the Property and Inclusions, at Purchaser's expense. If written notice of any unsatisfactory condition, signed by Purchaser, is not received by Seller or Listing Company on or!reline April 14 , 1990 ,19 ,the physical condition of the Property and Inclusions shall be deemed to be satisfactory To Purchaser.If written nut ice of any unsalisfuclory condition,signed by Purchasers is given To Seller or Listing Company as set firth above in this section, and if Purchaser and Seller have not reached a written agreement in sell lenient thereof on or before April 20 , p') 90 this contract shall then feministic,subject to section 17.Purchaser is responsible and shall ph y fur any Enrage which moms oo the Properly mxI Inclusions as a msah mr such inspedion. 19. AGICNCY DIS(11,OSURP,. "I'hc listing broker, J .L. Sears & AS SOC1dtTn� 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 duly to(real Purchaser honestly, the Listing Company is Seller's agent and is acting on behalf of Seller and nut Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PR TOR TIMELY NOTICE BY LISPING Olt SELLING COMPANY TIIAT LISTING COMPANY IS SELLER'S AGENT. The selling broker, J .L. Sears & Associates, Inc, and its sales agents(Selling Company)represent [III THE BOX IN SUBSECTION(h) IS CI IECKE.D,SELLING COMPANY REPRESENTS PURCHASER ONLY, AS NE I' PORITI IN SUBSECTION (bl. IF THE BOX IN suissiiCT1oN lb) is NOT CI HICK ED,SELLING COMPANY It NPR EsENTs SIII.I,ER ONLY,AS SI P'Font IN SLIIIMICTION(a).I (a)Seller. The Selling Company owes(holes of trust,loyalty and confidence In Seller only. While the Selling Company has a duty Th treat Purchaser honestly,the Selling Company is Seller's agent mul is acting on behalf of Seller and nil I'mchnsec BY SR WINO IIIiLOW, PURCI I ASI iIt ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY ANY THAI'SELLING COMPANY IS SELLER'S AGENT.. I-J (h)Purchaser. If the box is checked:The Selling Company owes duties of trust.loyally and confidence lu Purchaser only.While the Selling Company has a duty to bear Seller honestly,the Selling Company is acting on hehalf of Purchaser and not Seller.SI iLLI ilt AND L stiNo COMPANY ACK NOW LI!DGE PRIOR TIMIiLY N(ITICI?BY SELLING COMPANY TI IAT IT IS PURCIIASER:S AGENT. 29. ADDITIONAL PROVISIONS: This agreement is subject to the approval of Weld County Of a Recorded Exemption on this parcel . It is also subject to purchaser obtaining a well permit of less than 250 feet . Seller agrees to pay for all expenses of the recorded exemption . Should the county not approve the recorded exemption , the earnest money shall be returned to purchaser. Closing shall be within 10 days after final approval of the recorded exemption by WELD county. Seller shall pay for the well permit and shall be reimbursed atclosing by purchaser. 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 mul Seller obtain the advice of their own legal counsel regarding examinalirn of title and this contract. 22.TERMINATION. In the event this contract is terrain:led,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to section 17. 23. NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such accepnauee on or before April 27 , .0_90 ,ibis document shall become a contract h owecn Seller and Purchaser. A copy of this or men may be execute I by each party,se Indy,and when each party has executed copy thereof,such npres taken together shall be deemed to a 1 at comp' sec cT r t •1 cn he cs. Pun:laser Nit ra.can.ur C uua P'urchaser's Address ITO BE COMPLETED IIY SELLER ANI)ListiNO COMPANYI 24. ACCEPTANCE/COMMISSION. Seller accepts to shove proposal this da or April Seller shall pay In the Listing Company s commission of Y • I9�t o ' 1 Yh 10 ry„rf the grass purchase price or p1U5. $500 bonus t0 m11m as agreed upon be v • ,Selle rand Listing Sonhyany for services in this Transaction. In the event of forfeiture of payments and things of value received hereunder,such p; Ids):yawl thingsyf"ltx!sh:dl be divided between Listing Company and seller,one-hall thereof to Listing Company,but not so dga1t. exceed the/commmmogio ,dnd the le L•inetrto Seller. / SellerDale / acJ�l /94 .cau,a Seller's Address Glen Baxstrom, 9750 N. 96th St . # 253 , Scottsdale, Ala 85258 The undersigned Selling Company acknowledges receipt of the earnest money deposit specified in section 3 and bush Selling Company and Listing Company confirm the re.specoive agency disclosure sell forth in section 19. Selling Company J .L. Sears & Associates , Inc. (si Address.Ui nem,e.r Aare rnrr Lup1<Qn, f.o A0621 Prl• 3n3-857-29"30 "" Listing Company (ly: Adlrcv imply ouC one �� rto2.9d FIELD CHECK FILING NUMBER: RE-1279 DATE OF INSPECTION: May 17, 1990 NAME: Glen Baxstrom REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the NE} of Section 20, TIN, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Southwest corner of Weld County Roads 8 and 41. LAND USE: N Vantage Acres Subdivision, dryland, agricultural production E I-76, dryland, agricultural production S One residence, agricultural production W Residences, dryland, agricultural production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: There are no existing improvements or accesses on the property. Small power lines follow the southern boundary of the property and there is an irrigation ditch on the west boundary. By: -6,Ly._-&.f�� Brian A. Grubb Current Planner a. REFERRAL LIST NAME: Glen Baxstrom CASE NUMBER: RE-1279 REFERRALS SENT: May 11, 1990 REFERRALS TO BE RECEIVED BY: May 25, 1990 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service Dacono Emergency Management Office _Eaton Sheriff's Office _Erie _Engineering _Evans Housing Authority _Firestone -- --Airport Authority _Fort Lupton _Building Inspection _Frederick _Garden City STATE Gilcrest X Division of Water Resources _Greeley _Geological Survey Grover _Department of Health X Hudson _Highway Department _Johnstown Historical Society Reenesburg _Water Conservation Board _Kersey _Oil and Gas Conservation Commission La Salle X Lochbuie FIRE DISTRICTS _Longmont _Ault F-1 Mead__Berthoud F-2 _Milliken Brighton F-3 _New Raymer ----Dacono F-19 _Nunn _Eaton F-4 _Platteville _Fort Lupton F-5 _Severance Galeton F-6 _Windsor _Hudson F-7 _Johnstown F-8 COUNTIES La Salle F-9 _Adams Longmont F-10 _Boulder -- --Milliken F-11 Larimer _Nunn F-l2 _Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES -- --Platte Valley F-14 US Army Corps of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service _Raymer _Federal Aviation Administration _Southeast Weld F-16 _Federal Communication Commission Windsor/Severance F-17 ----Wiggins F-18 -- --Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER !_Fort Collins _Central Colo. Water Conservancy Dist. _Greeley Panhandle Eastern Pipe Line Co. _Longmont X Farmers Reservoir and Irrigation Co. _West Adams Attn: Manuel Montoya 80 South 27th Avenue COMMISSION/BOARD MEMBER Brighton, CO 80601 p?y+P C,3/9i ifite DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 � ha_ AA , I S� f'-4 J-4 91510th STREET GREELEY,COLORADO 80631 "lige _ CASE NUMBER RE-1279 COLORADO �;twi N May il, 1990 • �-YaY 2 1 f§;0 TO WHOM IT MAY CONCERN: leg 1:8. Wawa* .ryswoi:i,,,. Enclosed is an application from Glen Baxtrom for a recorded exemption. The parcel of land is described as part of the NE} of Section 20, T1N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is at the southwest corner of Weld County Roads 8 and 41. 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 25, 1990, 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. y. 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: 22: i; J U-_(7t7 Agency: A/4,4,.,,, / la r/�•,,a ��• 3;oa� Date: J - iS` - rim ^-1722 00470‘,/(41,6t, mErnoRAnDurn wine Weld County Planning May 25, 1990 7o Date Environmental Protection Services ( Ar J�4 COLORADO From Case Number: RE-1279 Name: Baxtrom, Glen Subject: _ Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. An I .S .D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP387/dgc `"O7f7f ) EA AY 2 9 1490 +Veld Co. It'e .Inv {„enu+w iue. DEPARTMENT OF PLANNING SERVICES � . PHONE(303)356-4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 Ci CASE NUMBER RE-1279 COLORADO May 11, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from Glen Baxtrom for a recorded exemption. The parcel of land is described as part of the NE} of Section 20, TIN, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is at the southwest corner of Weld County Roads 8 and 41. 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 25, 1990, 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. I. We have reviewed this request and find that it (L G`L°L does/does not) comply with our Comprehensive Plan for the following reasons. rt 2. We do not have a Comprehensive Plan, but we feel this a.eq.uest y,0 (is/is not) compatible with the interests-of out 1== town for the following reasons: =1 i 3. ,� We have reviewed the request and find no conflicts with out s interests. 4. A formal recommendation is under consideration and wi1T —�J submitted to you prior to: 5. Please refer to the enclosed letter. / / Signed:✓„�irvp2i i Agency: ' Ciu/-C- J /.:.�1..i/.'� Date: %�I of O5- a, �,�e�e ROY ROMER y e �. °o1 JERIS A. DANIELSON Governor State Enymeer %"1 j OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 July 6, 1990 Mr. Brian A. Grubb Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Baxtrom Exemption, RE-1279 NE1/4, Sec. 20, TIN, R65W Dear Mr. Grubb: We have reviewed the above referenced proposal to divide a 14 acre tract into two parcels. It appears that the property was created after 1972 and has no existing wells. Since this proposal would create the need for two additional exempt wells since 1972, we cannot recommend approval . The property is located within the Denver Basin and it appears that non-tributary ground water is available in the Lower Arapahoe aquifer. This aquifer is located between 175 and 400 feet below the ground surface. Diversions from this aquifer under the 3.5 acre parcel would be limited to 0.43 acre-feet per year. This is sufficient water for ordinary household purposes inside one single-family dwelling, the watering of the user's non-commercial domestic animals, and the irrigation of 1500 square feet of lawn or garden. The 10.5 acre parcel would have a limit to annual diversions of 1.29 acre feet. The same uses as above would be possible except 15,000 square feet of lawn or garden could be irrigated. Both wells must be equipped with totalizing meters. If these provisions are acceptable to the applicant, we can recommend approval of this proposal based upon Lower Arapahoe wells on each lot. or Cc,1iSi 9) cerely, mt,„C, ,,Li ie?,./..voci C _L al N-i—ri es C. McDanold, P.E. O1 � ) Senior Water Resources Engineer = I a v JCM/c1f: 1714I _c. .o � � cc: Bruce DeBrine a , � l ( 1) TRISAITIEWBAki OF DENVER Richard M. I<una July 6 , 1990 Mr . Rod Allison Weld County Planning & Zoning 915 10th Street Greeley , CO 80631 Dear Mr . Allison : I am once again writing to you on behalf of my customer , Mr . Glen Baxstrom hoping that you will favorably consider his request for two recorded exemptions . As I had mentioned in my earlier letter , Mr . Baxstrom would not be selling part of his land had it not been for financial difficulties he encountered while living in Denver . I have been told that financial hardship is not a reason for the commissioners granting this type of request ; however , hardship is the main purpose for Mr . Baxstrom ' s sale nonetheless . It is also my understanding that both potential buyers are looking to build valuable single family homes on these sites which will undoubtedly raise the property tax base of the county . I am sure you have already considered the benefits of this exemption and Mr . Baxstrom and I are hopeful for your favorable approval . Sincerely, .y %�G '2 Dale W. Utley. Executive Vice President DWU : tt a 51 Ng r it JUL 9 1990 Meld Ca. vlaunlee ammo Hello