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W a, ZI q1/0101/3 I I RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1629 - ZIEL 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 #1629, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #1629 was submitted by Kenneth Hauff and Karen Nelson, 36648 Weld County Road 15, Windsor, Colorado 80550, on behalf of Helmut and Arthur Ziel, 6166 Weld County Road 74, Windsor, Colorado 80550, for property which is otherwise known as Lot B of RE #918, located in part of the W; SW* of Section 32, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 4.0 acres and 120.5 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that Recorded Exemption #1629 submitted by Kenneth Hauff and Karen Nelson on beHalf of Helmut and Arthur Ziel be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that 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 11. 7 of the Weld County Subdivision Ordinance. 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. 940643 eC : PG, z_7EG5 /✓EGSO/✓ `P�. l� °/ RE: RE #1629 - ZIEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D. , 1994. / BOARD OF COUNTY COMMISSIONERS ATTEST:I{ I UGC%(( WELD COUNTY, COLORADO Weld County Clerk to the and W. Webster, Chairman BY: EXCUSED DATE OF SIGNING (AYE) Deputy Clerk t the Board Dell. Hall, P -Tem APPROVED AS TO FORM: / Y Geor . Baxter EXCUSED DATE OF SIGNING (AYE) o my Atto nhy Constance L. Harbert a.a. j te4rStr� j Barbara J. Kirkm yer 940643 CONDITION OF APPROVAL Kenneth Hauff and Karen Nelson RE-1629 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 11.7 of the Weld County Subdivision Ordinance. 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. 9C0643 WELD COUNTY et Iii "te: ‘I:; CC 4 SSIO, FRS DEPARTMENT OF PLANNING SERVICES �*^ EL (2 ] PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES CLERK 1400 N. 17TH AVENUE "lige TO THE Ea, rD GREELEY,COLORADO 80631 COLORADO July 11, 1994 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: RE-1629 Dear County Commissioners: This application for a Recorded Exemption in the A (Agricultural) zone district was submitted by Kenneth Hauff and Karen Nelson. The parcel of land is described as Lot B of RE-918 being a part of the W2 SW4 of Section 32, T7N, R67W of the 6th P.M. , Weld County, Colorado. The property is located north of and adjacent to Weld County Road 74 and east of and adjacent to Weld County Road 15. The request is to divide a 124.5 acre parcel into two parcels of 4 acres and 120.5 acres, more or less. The applicants have indicated in the application materials that they wish to separate the existing improvements from the agricultural use; this would allow them to purchase the proposed Lot A with all existing improvements. Proposed Lot B will remain in agricultural production. There are two existing dwellings and other out buildings on proposed Lot A; proposed Lot B is vacant. North Weld County Water District is currently serving proposed Lot A and is available for proposed Lot B. A septic system provides sewage disposal on proposed Lot A and is proposed for Lot B. The Planning staff of the Town of Windsor has reviewed this request and has no concerns. The Weld County Health Department has also reviewed this request and finds no conflicts with its interests. The Department of Planning Services' staff has concerns that the proposed division will potentially remove prime agricultural ground from production. One hundred percent of this parcel is identified as prime farmland of national importance by the United States Department of Agricultural Soil Conservation Services and the Colorado State University experimental station. This request, if approved, would allow for the addition of a dwelling on Lot B, which would reduce the area for farm production and further intensify the residential density on the property. The Comprehensive Plan promotes preserving the agricultural use of prime agricultural ground. The Department of Planning Services' staff requests that the Board of County Commissioners consider this request and determine if the Standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance have been met. Respect ully Sub fitted, ✓ fir /r 1 Todd A. Hodges Current Planner 940643 I ; . 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Referrals listed ( Fir/ I IraFile assembled 6 `1 �_ „ I't Letter to applicant mailed le -1 ` ( late— Vicinity map prepared lU - . -94" I lath W Referrals mailed fp 'PiCiii- j taitH I Chaindexed lf1 '1 9 T'"►—' Field check by DPS staff 4 it 'i/ i Administrative Review decision: /�. � Y L L ��r # .11 C ,/7 History card completed � COMMISSIONER'S HEARING DATE: pi_ ii , MS Date By Air photo and maps prepared CC Action: ______Igeratr,4_____ r -7/01/ ! 0 I CC Resolution received History card completed Recorded on maps and filed '7 96 - `"{ L.S w ___ J eE- Itaa9 APPLICATION FOR RECORDED EXEMPTION PHONE: (303) 353-6100, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNIN P TMENT USE ONLY: APPL. FEE • CASE NO. - 4;2- RECORDING FEE ZONING DISTR CT RECEIPT NO. c)() .2.3.7.— DATE APPL. CHECKED BY fit/ 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: 23756 W2SW4 Section 32 Township 7 Range 67 TOTAL ACREAGE: Approx. 120 . 5 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes yes No Recorded Sept 3, 1986 Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No No - Applicant is Purchaser FEE OWNERS OF PROPERTY: Name: Helmut Ziel Address: 6166 Weld County Road 74 , Windsor Phone: 686-2938 Name: Arthur Ziel Address: 6166 Weld County Road 74 ,' Windsor Phone: 686-2938 WATER SOURCE: Larger Parcel Irricr. Smaller Parcel No. Weld TYPE OF SEWER: Larger Parcel N/A Smaller Parcel Septic PROPOSED USE: Larger Parcel Contin. farmix$ialler Parcel Residence ACREAGE: Larger Parcel 120± Smaller Parcel 4 to 5± EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF mimeo ) STATE OF COLORADO notL Y Signature.. bier or uthorized Agent Subscribed and sworn to before me this /.4-t day of e , 19 F. (SEAL) Notary Publi My Commission Expires 9 -/S/896 REVISED: Marc94U643 APPLICATION FOR RECORDED EXEMPTION PHONE: (303) 353-6100, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE 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: 23756 W2SW4 Section 32 Township 7 Range 67 TOTAL ACREAGE: Approx. 120 . 5 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes yes No Recorded Sept 3 , 1986 Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No No (Applicant is purchaser) FEE OWNERS OF PROPERTY: Name: Helmut Ziel Address: 6166 Weld County Road 74 , Windsor Phone: 686-2938 Name: Arthur Ziel Address: 6166 Weld County Road 74 , Windsor Phone: 686-2938 WATER SOURCE: Larger Parcel Trrig Smaller Parcel No . Weld TYPE OF SEWER: Larger Parcel N/A Smaller Parcel Septic PROPOSED USE: Larger Parcel Cont. farmingSmaller Parcel pt„-m„, ACREAGE: Larger Parcel 170± Smaller Parcel 4-5± EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) • ti Signature: weer or Authorized nt Subscribed and sworn to before me this /y day of May , 19j . (SEAL) Notary Public My Commission Expires 618/9R' REVISED: March 1994 9C0643 • 36648 WELD COUNTY ROAD 15, WINDSOR, CO 80550-2508 Owner: Helmut & Arthur Ziel Applicant: Kenneth L. Hauff & Karen Nelsen 91' 0643 06/16/1994 08:54 13036699007 COLDWELL BANKER TREC PAGE 02 BOARD OF DIRECTORS c 'ter; ERNEST TIGOOES '`-*unit% NORTH WELD COUNTY WATER DISTRICT GARY SIMPLON ERNEST ROSS •. S. HIGHWAY 85 • LUCERNE, COLORADO 80848 W.M. MCKAY CHARLES ACHZIGER J ' �,t LYLE NELSON, MGR. �-_ PD. BOX 58 • PHONE 358-3020 June 13, 1994 JUN 1 6 1994• Weld County Planning REi Water Service Deer Sire, This letter is in response to your inquiry regarding water service to the following described property: •NE Corner of NCR' s 15 & 74 1. Water service is p ly being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional consents: Water can be supplied to the larger parcel, • should the owner ever decide to build on the property. Sincerely, North W my Die ict L • D. Nelson ger • Karen Nelson JUN 16 '94 07:52 13036699007 PRGE.002 94.9643 BOARD OF DIRECTORS ERNEST TIGnES P; .. NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS /IC' . 1,. HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER al' tail, LYLE NELSON, MGR. PO. BOX 56 • PHONE 356-3020 May 11 , 1994 Karen Nelson 36648 WCR 15 Windsor Co 80550 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: 36648 WCR 15 1. R Water service is presently being provided to the above described property. 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Sincerely, North Wel unty Wa ist ict Ly D. Nelson ager Ziel 900643 RECORDED EXEMPTION OUESTIONNAIRE 1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used. Proposed Lot A - Continued residential and agricultural • Proposed Lot B - Continued agricultural (NO CHANGE FROM EXISTING USES) 2. Describe the location, size and present use of the area where each proposed new lot will be created. Lot A - Along WEST side of Lot B completely surrounded by irrigation ditches -- Existing residential & Agric use . Lot B - East of and continuing South of proposed Lot A -- All in existing agricultural use. 3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. This lot split does NOT eliminate any agricultural use . Proposed Lot A is separating existing improvements from agricultural Lot B -- NO CHANGE IN USE FROM EXISTING USE FOR EITHER LOT A NOR LOT B 4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. The proposed use will be EXACTLY as is presently used. Lot A is existing residential and agricultural Lot B is existing agricultural -- NO CHANGE IN EXISTING USE. Basically, current tenants in Lot A would be owners of Lot A and current owners of Lots A & B would only own Lot B - NO CHANGEEIN 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. There would be NO CHANGE IN EXISTING ZONING -- CURRENT USE TO BE CONTINUED. 6. Explain how the proposal is consistent with efficient and orderly development. This is NOT a subdivision - Simply splitting existing improvements from existing agricultural area. Residential improvements have distinct boundaries completely surrounding proposed Lot A -- NO CHANGE IN EXISTING USE FOR EITHER LOT A NOR LOT B 7. Explain how adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County will be accomplished. This division of property will not affect the county nor any surrounding area in any way, as Lots A and B will continue to be used as they are currently with existing city water and county approved sewer to Lot A and irrigation water to Lot B. 940643 DESCRIPTION, A TRACT OF LAND LOCATED C .w:.34i2l % CA. IN THE WEST I/2 OF Sc"7ION 32, T.7 N., R 67W, OF THE 6TH. i. WELD COUNTY, COLORADO I -1—::->• ' NORTH 1.10 oI TIK N it lH tiliti Atet. " n tat.. a10.21ELI Rec•,tWo0 • - / 4.0.041i •u502•45' — — —-I W I � , 4 °o ' ' - ' JO J 7rj ai ��' �' See •+;of I J �/ I mmo<r/.0,4/ e �� • t. J ;;____________ ; J I ,/ S•20.94 v ✓1 e� I I ` r 11 I I LOT 'II' J, 4ey I _ i t►Jse I , ' �e0' � O Z - , 30' LOTS St h • ate" H W I/= o1 SW (/4 / . h � I Pi U SECTION 32 ti �; o I / :, np ' ✓ I' • a ll w . a C 03 i nI I • VCR 74 M) el VICINITY MAP v Ol I re WOO. Y ot 44 ' et N ...»,‘ I I3 II . —" I.,V o1 II • I*notre Set J A roar i L.S, to 206{3 top. tr. k I Lot "A" &.)0 acrfa Cross - 0.4) (county el� I mad i-n-W) I a I I 3.57 acres net t 0 ii ! SW 000. Ki, Si laic "a" e- 120.5 aarer taeludeni a S. I � //NO Ma,4 Ri•A ll\CAP rnunty road i-0•W n / a ,. W.CR 74 400 0 400 Illy new.. t -- _ �,,,""I '4 .9 0643 we I \4 ,. N �! \ . it /}§ 2 k ' « Nk N. I < <,„f% � v. \ .{ } , ci , m �f4J ,.. • b ‘. ' st �.1 \ CI / td /kI � . v. m - , ' , _ ' , , f ezt � , < w \$ ' • ` x z � 3 $ 1 r f \ ca }% ku to \ } / � ' . N. 4 � . - f =» Ar a ' t ,4\ ' . ® A Q1 _ ! I , \ n 7 \ 1. « ) fit ! < �± £ � `� t Z ct k to , i / / � \ v § , w \ � � \ -1a , , _ \ / g1 q & � \ / s , . } z % fr i a } / . 0 ' % l ! Nw I0- < ) � ii ) X � . . ea Ji 9C0643 P o O N < I ) r I I ra % I �I s i ca Q 1 `o o, j _0 in --1 Ni 4 TA i •.J Iy o I I &ki VI q oeto..V q \ N p V I a I 1 \ n io Ft P � ec — - 1u a ag 'J d1 ( WOa -� 1V S \ mil'4 %s V — N o --— - - I •a0 i Q 0 4pp W o a 4 a < t ,_ �. 1 2c @ -\ + `c- -- a • p W e tc( F R 4 .ctt �1 i v i co 4 sic 3 _ ? Id K Al 1 �{ N — 0o m o °� ! R \ ` I ACl `y �! I i v j ' W - c`i cr `. I 1 • V F il ��• I - -- — I —L cc a o . 2 �_ goI I '...) \ kr:.., 9 < 0 I� =\ z I �� cry CD \i, n a 1 i W / ' �9 I w k.14z I v °o < h -t- o` Y Ca- I ,� In 1 I J N I U 0 m I ‘13 A / I 94:0/843 �. } _ N w .* o = � o r r O R 4 00 w � s -0 ti O Q... I 111 N 1 'p ./ o- r I J4 u w `^ 8 . 3 T -" en NI tn ...,z i - ...,, j 3 r o v i a).st el 42 4 to -61 a � 1 Y s jiS N o 4- 1 �J v d �� ti� w\ 1 Z V v 0- ' K Z \ 2 NI N I41 N9 tc. ti N N F\ ¢ n \ a \ 9t'9643 � . p m 36648 WELD COUNTY ROAD 15 WINDSOR, COLORADO 80550 Sec. 32 Town. 7 Range 67 List of Houses and Out-buildings on said Property House "A" 1388 Sq Ft. Main House 3 BR 1 BA Frame House "B" 995 Sq. Ft. 2 BR 1 BA Frame Garage 278 Sq. Ft. Concrete Floor Frame Port. Strg Shed 168 Sq. Ft. Blt. 1992 12 x 14 Frame Shop Building 432 Sq. Ft. 24 x 18 Corrugated Roof & Sides Chicken Coop #1 64 Sq. Ft. 8 x 8 Frame Chicken Coop #2 120 Sq. Ft. 10x12 Frame Corrals 200' x 140' Feed bunks, loading shoot, return alley, and automatic water Corrals Shed #1 224 Sq. Ft. 16 x 14 Corrugated Roof & Sides Corrals Shed #2 420 Sq. Ft. 30 x 14 Corrugated Roof & Sides sc()Can WELD DEI cowry HEALTH R CTIONTMERV .t.� FEE 410.00: ENVIRONMENTAL PROTECTION 'ERVICES SOE 4: 94-9O7(0 1517 16th Avenue Court U148 8: 099 _94. Greeley, Colorado 80631 ISDB F: (303)353-0635 Weld County Health Department �� STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) OWNER OF RECORD: Helmut Ziel and Arthur Ziel PHONE: (303) 686-2938 MAILING ADDRESS: 6166 Weld County Road 74, Windsor, Colorado 80550 City State Zip SITE ADDRESS: 36648 Weld County Road 15 , Windsor, Colorado 80550-2508 City State Zip LEGAL DESCRIPTION: PT: PT: SECTION: 32 TOWNSHIP: 7 N RANGE: 67 W SUBDIVISION: LOT:_ BLOCK:_ FILING: NUMBER OF PEOPLE: 4 BEDROOMS: 3 BATHROOMS: 1 WATER SUPPLY: No. Weld RESIDENTIAL / COMMERCIAL BASEMENT PLUMBING: Y LOT SIZE: 4± acres SYSTEM SIZE: Tank is constructed of Concrete and has 1200 gallons capacity (material) FIELD: Bed or Trench 678 square feet. DATE SYSTEM INSTALLED:? (91;1O You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate location, length, width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed, as described, and exists at this time on the parcel of ground identified by the above legal description and further states that the system is in good working order and to the best of his/her knowledge is not failing to function properly. I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. // Date VV OwAe i 9Y Subscribed and sworn to before me this y day of May , , by An hm Lief and Ho/mit 71oY Witness my hand and official seal. My commission expires: 5/ 98' spOY (on / Date otary Public STATEMENT OF EXISTING REVIEWED BY: e-2(/ En o�ntal ct" ion Specialist TN GARAI E • • 7e'o' @L . — (.(Qc15E !_ Y�pvc1� ., 9o"Y PVC , 1 3Ba. I Br�Fh L.� 0 , 4tj't--� -- - - p Lao; gnJ . LEA,h Fie/of • TANK • Vs/Maim 7-60 1/14. go:K Tor f 8064, PIPE I S" Tot Fill Dia n 74t : 9�O,'x 5-10t„" 3�x 3; TReiJc k 4.0" Deep Cava era' waait Divide/L. L.eAc2, Fe() 678 S$ .2-E. BLACK INK ONLY! No %We N wlE SSG- 7V (3 1 7 a 4-4N o ¢C O WQ ��Vv V 1"^/ o¢ NV//r (11 C V g (el �Oti t- 44 I ICI 6 _r�` 'C QW8Q � Y / \ ( � I it 1 al= w ca if m �{ v FRI toz > _, Les 2 _ a F..) 1/� 2 �� ¢ JM � ! J ' Q r� w w ' M N Uz .3 ¢ w VVV 6' N ^' L7 i (+y N O r`9-1 dr.\ .� a 0. x o........1 ��- JJJ Z to i6 v Q Q Q (4 chi u_ h o ' 'g _ Ga "V 12 I o w • QS` iiiN PI > W riF. SS 4 �0.1 I Jh eV : W �y 8 .s3 >, b #E � 8c8I �4 az 40 g M Qa aDria .°r, � Naui 910643 f50)1\Ctril->li DEPARTMENT OF PLANNING SERVICES liD lupe PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES D�y 1400 N. 17TH AVENUE ECIL?ItWE GREELEY, COLORADO 80631 COLORADO Date: June 13, 1994WELD CO. HEALTH UtN*. CASE NUMBER: RE-1629 TO WHOM IT MAY CONCERN: Enclosed is an application from Kenneth L. Hauff and Karen Nelson for a Recorded Exemption. The parcel of land is described as the W2 SW4 of Section 32, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 74; east of and adjacent to Weld County Road 15. 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 June 27, 1994, so that we may give full consideration to your recommendation. Please call Todd Hodges, 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: S. Please refer to the enclosed letter. jI�� Signed: Agency: ` C✓'�Yl' , /14&O1 Date: Iv JUN 2 1 1994 %uAm County Planning 94.0643 REPORT ONE MONUMENT ONLY THIS FORM t, REPRODUCTION OF THIS FORM IS AUTHORIZED All Items to be Itl P by the Land Surveyor using permanent black lettering and 'which con be reproduced. (Except). • 1. TYPE OF . .UMENT • Section Corner Bench Mork (Check one) DP El Ouarier Corner D Other • 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. Found #6 rebar with aluminum cap damped as shown in sketch to the right in the position as indicated below. Accepted monument in place as this corner. . Found references as indicated in sketch below. (..—. g, SHpRT7N R67W . 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU S30 529 TO PERPETUATE THE LOCATION OF THIS POINT. $31 $32 Found existing references from prior monument record. 1993 Checked distances and found them lo be as indicated in sketch below. Cs 72q- • 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. • Found PK Nail in Found Nail and Bottle Cap power pole 69'65 in power pole (typ) /' N -- Not To Scale ' WCR J176 (Gravel) S 6 N •2o . 0 • p` N w li v U CL June 30. 1994 Dole of Field Work 5. CERTIFICATION This Is to certify that I was in responsible charge of the surveying work described in this record to the best of my knowledge the inlormotion presented herein is true and corr cr. ' C RECi' Signature :/ 1 _--%iiawyrC O ref Firm Name: KING SURV ORS i NCB' .t• rr •• / Firm Address: 1200 W A H W�DS'' c$I2O e:('59D2 Date • Phone: 686-5011 j -o . • cc O • •(Oo nol (III In) 6. LOCATION DIAGRAM (1111 • •S tw /0..."C"". N Accepted for Filing t'= 1 Mlle 4AL LAND _ N Stale Board of Regislratlon for Professional // Engineers and Land Surveyors: By N / I bale I ( RECEIVED AT OFFICE OF THE COUNTY CLERK: —fi \\ / COUNTY N e = Location of i Monument ` — By - Surveyor's Seal Dale 7. SEC. 32, T 7N , p 67W 6th PM Record to be filed by index Reference Number, Weld ' • numerically, Then alphabetically, under appro— COUNTY INDEX REF. NO.5-E ()Hole Township, Range, and Meridian. 8. SEC. Deportment of Regulatory Agencies COUNTY INDEX REF. NO. PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS BOARD. 1560 Broadway, Sulte 1370, Denver, Co. 80202 • • ' REPORT ONE MONUMENT. ONLY THIS FORM `_ REPRODUCTION OF THIS FORM IS AUTHORIZED MI items to be filled in by I' and Surveyor using permanent block lettering ond lines ihich be reproduced. (Except). 1 . TYPE OF MONUMENT - ❑ Section Corner O ,ch Mork • (Check one) l.' Ouorter Corner IS Other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. Found # 6 rebor with aluminum cop stamped as indicated , to the right in position as indicated in sketch below . • Accepted monument in place as this corner . - Referenced monument as indicated in sketch below. .. F g SNORT • q- T7N R67W' 4 I/ 4 0 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT. 531 332 Set PK Nail in power pole os indicated in sketch below with 1993 distance as shown. Also distance to top of fiberglass telephone cable marker. Also distance to edge of pavement . ,•3 7actiajl 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. a .e in a o Center Line of 411 )( 4" Fiberglass / a, Telephone Cable Marker w / - w 0 . N CO > a a o w m C- a- m • • Not To Scale PK Nail in \B .36 Power Pole 6. 9 - 19-e— l Date of Held Work June 30 , 1994 5. CERTIFICATION This Is to certify that I was In responsible charge of the surveying work described In this record and that to the best of my knowledge the Information presented herein is true and correct ��w•w�`` REGys,• EkkY Signature / .a�� •�/J•� A�.••••. �i^� tl. Firm Name: KING SURVEY. 'Sc,NC... Q• O.• ,e • Firm Address: 1200 W A W; DS C ' C • •!I • •I5 •U •• Dale n w • Phone' 686-5011 ,. • I• ' . _ • •(De not fill In) ' 6. LOCATION DIAGRAM l' T •••'Ft ' w e Accepted for Filing 1 1 Mlle ss•I. f7 ••••••D a`% \ AL LAN S ' \ Stale Board of Registration for Professional \\ Engineers and Land Surveyors: I I By _L — _ .l_ _ N ( 1 I I Dale I J C RECEIVED AT OFFICE OF THE COUNTY CLERK: • I — r \\ / I COUNTY • Location of i — Monument By Surveyor's Seal Dole 7. SEC. 32 , T 7N R 67W 61h P.M. Record to be filed by Index Reference Number, numerically, then alphabetically, under appro— COUNTY Weld INDEX REF. NO. 5 - C priate Township, Range, and Meridian. B. SEC. Deporlmenl of Regulatory Agencies COUNTY INDEX REF. NO. PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS BOARD. 1560 Broadway, Sulle 1370, Denver, Co. 80202 4 . • FIELD CHECK FILING NUMBER: RE-1629 DATE OF INSPECTION: June 16, 1994 APPLICANT'S NAME: Kenneth L. Hauff and Karen Nelson REQUEST: A Recorded Exemption LEGAL DESCRIPTION: The W2 SW4 of Section 32, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 74 and east of and adjacent to Weld County Road 15. LAND USE: N Residence, corn, alfalfa E Wheat, corn, residence S Corn W Wheat, pasture, residence ZONING: N Town of Windsor E Town of Windsor S A (Agricultural) W A (Agricultural) COMMENTS: Access is existing from Weld County Road 15, which is a paved road. Two residences and outbuildings exist on proposed Lot A. A concrete ditch runs along north edge of the property with access road. Proposed Lot B is currently in corn. Proposed Lot A is not in agricultural production. 'Oae aorsXc Todd A. Hodges Current Planner 9410643 APPLICATION FOR RECORDED EXEMPTION PHONE: (303) 353-6100, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE 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: 23756 W2SW4 Section 32 Township 7 Range 67 TOTAL ACREAGE: Approx. 4 — 5 +/— Has this property been divided from or had divided from it any other property since August 30, 1972? Yes Yes No Recorded Sept 3, 1986 Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No Nn (Applicant is purchaser) FEE OWNERS OF PROPERTY: Name: Helmut Ziel Address: 6166 Weld County Road 74 . Windsor Phone: 686-2938 Name: Arthur Ziel Address: 6166 Weld County Road 74 . Windsor Phone: 686-2938 WATER SOURCE: Larger Parcel Trrig Smaller Parcel No . Weld TYPE OF SEWER: Larger Parcel N/A Smaller Parcel Septic PROPOSED USE: Larger Parcel Cont. farmingSmaller Parcel paa; r1anra ACREAGE: Larger Parcel i20± Smaller Parcel 4-5± EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ") Signature: er or Authorized nt Subscribed and sworn to before me this / y day of /Clay , 1924. (SEAL) Sel /^ Public��Notary My Commission Expires S/$/9W REVISED: Marc9 43 APPLICATION FOR RECORDED EXEMPTION PHONE: (303) 353-6100, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE 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: 23756 W2SW4 Section 32 Township 7 Range 67 TOTAL ACREAGE: Approx. 120 . 5 ' Has this property been divided from or had divided from it any other property since August 30, 1972? Yes yes No Recorded Sept 3 , 1986 Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No No - Applicant is Purchaser FEE OWNERS OF PROPERTY: Name: Helmut Ziel Address: 6166 Weld County Road 74 , Windsor Phone: 686-2938 Name: Arthur Ziel Address: 6166 Weld County Road 74 ,- Windsor Phone: 686-2938 WATER SOURCE: Larger Parcel Irria. Smaller Parcel No. Weld TYPE OF SEWER: Larger Parcel N/A Smaller Parcel Septic PROPOSED USE: Larger Parcel Contin. farmixSapaller Parcel Residence ACREAGE: Larger Parcel 120± Smaller Parcel 4 to 5± EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. ,Rr.m e1r COUNTY OF irebD C,COLORADO ) � /AA j(ert_ t4L STATE OF OLOR ) Signature: Owner or Au horized Agent Subscribed and sworn to before me this /_at day of \•1 " . , 1915. (SEAL) Notar Pu li My Commission Expires 9.. ./..s--/596 REVISED: March 1994 900643 . The printed portions of this for., except(ital iclsed)(differentiated) additions, bevy been acoroved by the Colored; Real (stets Ca l.51an.(CLECI (OSEA-1.94) THIS FORM GAS IMPORTANT LEGAL CONSEQUENCES AND TIE PARTIES SIgAD CONSULT LEGAL AND TM OR OTHER COUNSEL MIME SIGNING. RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN] Nay 13. 1994 1. PARTIES AND PROPERTY. Kenneth L. Hauff and Karen L. Nelsen buyer(s) (Buyer), (es joint tenants/1b1AMs/10/flNNf) agrees to buy, and the tsderelgned sellers) (Seller], to sell on the term and conditions set forth in this contract, the following described real estate in the Canty of Weld , Colored°, to wits - Full legal to follow - See SECTION 21--ADDITIONAL PROVISIONS: Item /13 themes No. 36648 Weld County Road 15. Windsor. CO 80550-2508 , Street Address City ftate lip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurte- nances thereto, all Improvements thereon ad all attached fixtures thereon, except as herein excluded (collectively the • Property). 2. ZIPTIMSIONS / EXCLUSIONS. The purchase price includes the following item (s) if attached to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring ad connecting blocks/ jacks, plants, mirrors, floor coverings, Intercom system, built-in kitchen appliances, sprinkler system and controls, built-in vacuum system (Including accessories), end garage door openers inoludl gyrate controls) (b) If on the Property whether attached or not on the dote of this contracts storm widows, storm doors, window and porch shades, awnings, blinds, scrams, curtain rods, drapery rods, fireplace Inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, ell keys and (c) Appµrox. ,4 - g56Acres (to be determined by survey) corrals, outbuildings, 1. NorthBrnnWeldvCounty Water District Tap, Garbage The above-described included item (Inclusions) are to t•cmasyed to stayer by Seller by bill of sale at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The following attached fixtures are excluded from this sale N/A 3. PURCEASE PRICE MID TERNS. The purchase price shell be $100.000.00 , payable in U.S. dollars by Buyer as follows: (Complete the applicable term below.) (a) A f1,0 in the form of Persona Check as earnest merry deposit eel pppaaart t of the purchase price, payable to and held by geinholdt Ziel anq Tw la Ziel broker, in Its trust accent on behalf of both Se ler and stayer. Broker is authorized to deliver the earnest money deposit to the closing agent if any at or before closing. The balance off §9.000.00 (purchase price less earnest many) shell be paid u follow: (b) rasp AT c1.OSIN i. s4.592.46 plus closing costs, to be paid by Buyer at closing in fun which cmply with all applicable Colorado laws, which include cash, electronic treater finds, certified check, savings and loan teller's check, and cashier's check (Good Fuels). Subject to the provisions of Section 4, if the existing loan balance at the time of clo- sing shall be different from the loan balance In Section 3, the adjustment shell be made in Good Funds at closing or paid as follows: See 21 (C) under Additional Provisions (e) hW LOAN s97.718.od by stayer obtaining a new loan. The loan shalt be of the following type: (check applicable boxes.) I 1 Conventional CO Fixed interest rate (x1 FHA I 1 Adjustable interest rate ( 1 VA ( 1 Gradusted payment I 1 Other n/a This loan will be secured by a (1st, 2nd, etc.) 1st deed of trust. The loan may be increased to add the cost of mortgage insurance, VA fading fee and other item for a total low snant not in excess of s97.318.00 which shall be amortized over a period of 3 yens at approximately : 774.31 per month Including principal a ro d interest t to exceed 8.8 Z per aroma, plus, if re- quired by Buyer's lender, a monthly deposit of 1/12 of the estimated aseval real estate taxes, property insurance pre- mium, and mortgage insurance premium. If the loan is an adjustable interest rote or graduated payment low, the monthly payments and Interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to larder at closing e d shall not exceed 0.0002 of the total loan mount. Notwithetsnding the loan's interest rate, the first 0.000 tom distant points shall be paid by n/a No. (CB56A- CON TRACT RESIDENTIAL TO BUY Ale SELL REAL ESTATE (NEW LOAN) Page 1 Copyri 1994,04/11, ReatFAST Software Publishing Inc. Burs .^- P.t 05113/9415:07:0] Sellers A r/2-94,o^4 end the balance, if any, shall be paid by 11/a . Guyer shell timely pey a loan origination fee not to exceed 1.000 X of the loan roman and Buyer'. loan costs. 4. FINANCING CONDITIONS AND OBLIGATIONS. (a) )DAN APPLICATION(S)% If Buyer Is to pay ell or part of the purchase price as set forth in Section 3 by ob- taining a new loan or if an exists g loan is not to be released at closing, Buyer, if required by such lender, shell make written application within 7 calendar days from ecceptence of this contract. Buyer Mall <coperete with Seller and lender to obtain loan approval, diligently and timely pursue ammo in good faith, execute all decants end furnish all Information end documents required by the lender, and, object to Section 3, timely pay the costs of obtaining such loan or lender consent. (b) )0AN APPROVAL If Buyer is to pay all or part of the purchase price by obtaining a new loan as specified in Section 3 this contract is cenditlmet Upon lender's approval of the new loan on or before July 10. 1994 . If not so approved by said date, this contract shall terminate. (c) FM/VA PROVISIONS% (I) f�, It is expressly agreed that notwithstanding any other provision of this contract, the Purchaser (Buyer) shall not be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest many deposits or otherwise unless the Purchaser (Pryer) has been given in dance with WD/flu or VA requirements a written statement by the federal Noosing Cmelasioner, Veterans *chin istretian, or a Direct Erdorswnt lender setting forth the appraised value of the Property of not lass then s97.318.00 The Purchaser (Buyer)shell have the privilege and option of proceeding with consummation of the contract without regard to the mount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of mousing and urban Development will Insure. MD does not warrant the value nor the condition of the Property. The Pur- chaser (Buyer) should satisfy himself/herself that the price end condition of the Property are acceptable. (2) IT& If Buyer is to pay the purchase price by obtaining a new VA-guaranteed loan: It is agreed that, notwith- standing any other provisions of this contract, Buyer 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. Buyer shell, however, have the privilege and optical of proceeding with the consummation of this contract without regard to the mount of the reasonable value established by the Veteran Administration. 5. APPRAISAL PROVISION. (Check one box only.) This Section S (X) Mall I I shall not apply. This Section 5 Mall not apply if Buyer is to obtain a new FM or VA loan. If this Section$ applies, as Indicated Move, Buyer shall have the right to terminate this contract If the purchase price exceeds the Property's valuation determined by en appraiser engaged by Lender . If Seller receives a copy of such appraisal or written notice from lender which confirm the Property's valuation Is less than the purchase price, on or before July 5. 1994 (Appraisal Deadline), this contract shall terminate. Buyer shall have the privilege and option of proceeding with consummation of this contract without regard to the rant of the appraised valuation. Upon closing, Buyer calves any objection to the Property's valuation. 6. COST OF APPRAISAL.Cost of any appraisal to be obtained after the date of this contract shall be timely paid by Purchaser 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer 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 represen- tatives, successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, Ndkr/a current commitment for owner's title insurance policy in en rant equal to the purchase price /I/It/BHIdtAUINiltil//ANIB#fl/1/11/!1111 f ttltibi/ti/Ntitff//dltil/ on or before Su 22. 1994 (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments IsNpst/Ittl/01/U.rneettll listed in the schedule of *scantier* (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's ex- pense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or cooties. The title insurance commitment, together with any copies II/l$ltflit$ of instruments furnished pursuant to this Section 8, constitute the title donrnta(Title Documents). Buyer, or Buyer's designee, suet request Seller, in writing, to furnish copies 01/NYttlf/ of instruments listed in the schedule of exceptions no later than_2 calendar days after Title Deadline. If Seller furnish,* • title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE.. (a) TITLE REVIEW Buyer Mall have the right to inspect the Title Documents N/IWtMtt. Written notice by Buyer of u erchantability of title or of any other satisfactory title condition Moen by the Title Comments $f/l9/t/Ids shall be signed by or on behalf of Buyer end given to seller on or before calendar days after Title Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) or a clorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Doctaents as satisfactory. (b) MATTERS NOT SHOW BY THE PUBLIC RECORDS. Seller Mall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all teasels) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, lien or other title matters not shown by the public records of Mich Seller has actual knowledge. Buyer 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, urecortled or boundary tine discrepancy)• Written notice of any watisfrtory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or en behalf of Buyer and given to Seller on or before.Tune 17. 1994 . If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of Mich Buyer has actual knowledge. (c) SPECIAL TAKING DISTRICTS. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GEN- ERAL OBLIGATION INDEBTEDNESS TEAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAI LEV- IES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUNSTRANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEV- IES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIRmNNTS OF THE AUTHORIZED GEN- ERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,EIISTING WILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property la located within • special taxing district antd Buyer desires to terminate this contract as • result, if written notice is given to Seller on or before the data set forth In subsection 9 (b), this contract shalt then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) RIGHT TO CURE If Seller receives notice of uwerchaeMillty of title or any other unsatisfactory title codition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatis- factory title condition(s) prior to the date of closing. If Seller fails to correct said usatistactory title condi• tion(s) on or before the date of closing, this contract shalt then terminate; provided, however, Suer may, by written notice received by Seller, on or before closing, waive obection to said satisfactory title condition(s). The printed portions of thi• form, except (italiclted)(di tferentlated) edditions, have been approved by the CREC No. (CBS6 1/94). RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE (NEW LOAN) Page 2 Copy'lab ) 1994, ,v7.)1, Real FAST Sof twere Publishing Inc. �y��,/�^ Ruyan "'L O/'1 05/13/94 15:11:14 Sellers I , aaL-}��wr._�l 10. INSPECTION,,Seller agrees to provide sayer on or before Nav 20. 1994 with a Seller's Property Disclosure form completed by teller to the best of Seller's current actual knowledge. Surer or may designee, shall have the right to have inspection(s) of the physical condition of the Property end Inclusions, et Layer's ex- pense. if written notice of an umatlefectory condition, elesd by or on behalf of Layer, is net received by seller on or before Nav 29. 1914 (Objection Deedl inn), the physical condition of the Property and inclusions shell be deemed to be satisfactory to Pryer. If etch notice is received by seller as set forth above, and if ewer and Seller have not agreed, In writing, to a settlement thereof an or Retire guns 12. 1994 (Resolut In Deedline),Mie contract shell remittent three calendar days following the Resolution Deadline; unless, within the three calendar deye, Seller receives written notice from Buyer waiving objection to env unsatisfactory condition. Stayer is responsible for end shall pay for and Osage which odors to the Property and Inclusion as a result of such Inspection. 11. DATE OF CIANSING. The date of closing shell beJttly 15. 1994 , or by mutual agreement at an earlier dete. The hour and place of closing shell be designated by Mutual Agreement 12. TRANSFER OF TITLE. Subject to tender or pa„ett at closing as required herein and caplience by Buyer with the other term and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to Buyer, on closing, conveying the Property free an clear of all texas except the general taxes for the year of closing, and except n/a Title shall be conveyed free and clear of all liens for special iprovemnts installed as of the deb of Buyer's signs- ture hereon, whether assessed or not; except (1) distribution utility eseemnts(including cable TV), (ii) those matters reflected by the Title Doctwetts accepted by Buyer In accordance with subsection 9(a), (Iii) those rights, if an, of third parties in the Property not shorn by the public records in accordance with subsection 9(h), (iv) inclusion of the Property within any spotlit taxing district, and (v) subject to building and coning regulations. 13. FATNENTB OP ENCUMBRANCES. Any ncuabrece required to be paid shell be paid at or before closing from the proceeds of this transaction or from ey other source. 14. CLOSING C081111. DOCUMENTS AND SERVICES. Buyer end seller shell pay, in Good Funds, their re- spective closing costs and all other Item required to be paid et closing, except as otherwise provided herein. Buyer and Sailer shall sign and complete all votary or required doaants at or before closing. Fees for real estate clo- 1i/2atby services shall and 1/L0 bv0 Purch1 s8 and shall be paid at closing M The local transfer tax of 6.0600 1 of the purchase price shall be paid at closing by n/a . purchaser and dr sales a tax that may accrue because of this transaction shell be paid when due by 15. PR0RATI0N8. General taxes for the year of closing, based an the taxes for the calendar year Weed- lately preceding closing, rents, water end sewer charges, corer's association dues, end Interest on continuing loons), if any, and n/a shell be prorated to den of closing. FHA or private mortgage insurance premium [ 1 shall Cl shall not be apportioned to date of closing. Any such amount rant shall be apportioned as follow: n/a . 16. POSSESSION. Possession of the Property shall be delivered to Buyer es follows: Upon closing and delivery of Deed abject to the following lease(s) or tenen:yOi currently rented by Purchaser Month to month. If Seller, after closing, fails to deliver possession on the date herein specified, seller shall be subject to eviction and shell be additionally liable to Buyer for payment of s0.00 per day from the date of agreed possession until po ion Is delivered. Buyer (XI does [ I does not represent that Buyer will sump/ the Property as Layer's principal residence. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided In this contract, the Prop- erty and Inclusions shall be delivered in the condition existing es of the den of this contract, ordinsry wear end tear excepted. In the event the Property shall be demagd by fire or other casualty prior to time of closing, in an moult of not more than ten percent of the total purchase price, Seller shell be obligated to repair the as before the date of closing. in the event such dmage is not repaired within said time or If the demagts exceed such sue, this contract may be tenanted at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such donee to the Property end Inclu- sions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged be- tween the date of this contract end 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(a)or service(s) with a snit of similar site, age and quality, or en equivalent credit, less any insurance proceeds received by gorier covering such repair or replacement. 18. TINE 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 when due, or if any other obliga- tion hereunder Is not performed or waived as herein provided, there shall be the following remedies: (e) JF BUYER IS IN DEFAULT: (CHECK ONE BOX pity.) [XI (I) 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 sd retained an behalf of Seller, and Seller may recover such danses as may be proper, or Seller esy elect to treat this contract as being in full force end effect and Seller shall have the right to specific performance or daces, or both. [ 1 (2) LIQUIDATED DAMAGES All payments and things of value received hereunder shall be forfeited by Buyer and re- tained 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 ere LIQUIDATED DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ORLT REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the rowdies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract se candled, in which cede all pey*euts and things of value received hereunder shall be returned end Buyer may recover such doges es may be proper, or Buyer may elect to treat this contract es being in full force end effect end Buyer shall have the right to specific performance or damages, or both. (c) costs AND EXPENSES Anything to the contrary herein notwithstanding, In the event of any arbitration Or lit- igation arising out of this contract, the arbitrator or court shell award to the prevailing party all reasonable costs and expenses, including attorney fete. the printed portions of this form, except (itelicited)(differentiatad) additions, have been approved by the CREC No. (CBS6A-J-94). REsii DD ReE TIAL CONTRACT TO OUT nD SELL REAL ESTATE (NEW LOAN) Pego 3 Buyers Copyright/n/1994, � /I'___ ,k el FAfT Software Publishing Inc. Bu - �,/6{VB` _64n� 0ng1L9A 1ASF.A4 Sellars f� ; FA 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and seller agree that, In the avant of any controversy regarding the earnest away and things of value held by broker or closing pent, mime mutual written instructions ere received by the holder of the earnest say and things of value, broker or closing agent shell not be repaired to take any action but ay await any proceeding, or et broker's or closing agent's option end sole discretion, may Internlead all parties and deposit a y moneys or things of value into a court of come- tent Jurisdiction and shall recover court cats and reasonable attorney fees. 20. Aj,TERNATIVE DISPUTE RESOLUTION: NEDIATION. If a dispute arises between the parties relating to this contract, the parties agree to submit the dispute to mediation. The parties will Jointly appoint an acceptable mediator and will share equally in the cost of such mediator. If mediation prows tneuccossful, the parties ay then proceed with such other mew of dispute resolution as they so choose. 21. ADDITIONAL PROVISIONS: A) This offer is contingent upon Seller's being able to sell a portion of the parcel currently owned by Seller, including all Improvements currently occupied by Purchaser. B) Purchaser will be responsible for obtaining information regarding the number f acres Seller is able to convey according to the county regulations. All fees required for the Recorded Exemption, Survey, septic inspection for splitting said parcel will be at the expense of the Purchaser. In the event said acreage is Unable to be split to the satisfaction of the Purchaser this offer maybybe terminated. In thiseofferawillube agreement tall earnestcmonies both parties, Purchaser. C) This Contact is specifically contingent upon Purchasers receivng s tiisfactory financing. Shoul satisfactory financing not be obtained on or before JULY 10, 1994, all earnest monies shall be returned to the Purchasers. • D) Seller to retain underground easement for irrigation water from head gate on main Lake Lee Lateral ditch t secondary ditch on o west sideof the parcel running under the driveway. irrigation torretain access easement to secondary ditch for F) Northern Weld County Water District water tap to property to be included. 22. AECOIOP.NDATION OP LEGAL COUNSEL By signing this document, Buyer d Seller acknowledge that the Selling capanry or the Listing Capny has advised that this docent has isportnt legal consequences and has recommended the examination of title and consultation with legal and tax or other compel before signing this contract. 23. fpMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned end the parties shall be relieved of all obligations herader, subject to Section 19. 24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker, N/A and its salespersons have been engaged as R/a Selling Company has previously disclosed in writing to the Buyer that different relationship are available which in• elude buyer agency, seller agency, subagency, or transaction-broker. 25. NOTICE TO BUYER. My notice to Buyer shell be effective when received by Buyer, or, if this box is checked I 1 when received by Selling Ccepanry. 26. NOTICE TO SELLER. My notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OP THIS CONTRACT. No subsequent adifiation of any of the terns of this contract shall be valid, binding upon the parties, or enforceable unless ode in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contrast constitutes the entire contract between the parties relating to the object hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OP ACCEPTANCE: COUNTERPARTS. This proposal shall aspire alas accepted in writing, by Buyer end Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before Nay 15. 1994 (Acceptance Deedline). If accepted, this daurnt shall become a contract between seller and Buyer. A copy of this docent may be executed by each party, separately. and when each party has executed thereof, such epic t ken together shell be deemed to be a full and complete contract between the par . T�//�G•G Buyer- • nneth L. Hautt _and, / Date o San's sipyture ) 5J- /ft- B er Karen L. Nelsen ,— ” 4/ Date 0 ac's signature S` Buyer's Address 36648 Weld County Road 15. Windsor. CO 80550-2508 mane: 303 666_ 6 ma 07 669 fax 07 u 669- 0 0 I/ The NNo.osey(CB5ted 19DtRESIDEws of his form,IAA's C0NTRAT CTf TO BUY AND Publishing t ELREAL ESTATE S(NEW) LO0AM) have been approved by the CBPPage 4 Guyer. ` — "4� 05/13/94 14:54:44 Sellars 643 •• SDate ate ofHe signature ana.A/ j i Q /�/9 y Da of Seller'stura !/lJf iF S / hate•of Seller's e ler', Zlel N>.re1o& •2i. ➢ T�5L /Ty Ooh o} fel ler4 dwtlrs sweets Address 6166 Weld CountRoad 74. Windsor. CO 80550 phone,(303) 686-2938 Sue Fax t The undersigned lingerie) acknowledges raciest of the earnest aysy deposit specified in Section 3, and Selling Company confirms its Broker Relationship ac met forth in section 24. felllro Coepely Sy: Signature Date Address . . Phone: Fax : USNro Capeny M Signature Date Address Mss: fat : + Mots: Closing Instructions should be signed at the tine this contract is signed. The printed portions of this fore, except (ltallcltad)(dlfferntieted) additions, hays bean approved by the @EC No. (C1136.001-94). RESIDENTIAL CONTRACT TO WY AND SELL REAL ESTATE CMEll LOAN) peso 5 94,0643 copyright CC) 1994, v3.01, R..IfAST Software Publishing Inc. 0S/13/94 14:54:44 6 9� tL4 5"-Le/ - ;4, a-C3S- e .4-Kiti-n> Q KLGoo 3d, 3-.•..30 41- 9C0643 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The UNITED TITLE COMPANY OF GRFFT.F.v 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: SEE ATTACHED LEGAL DESCRIPTION CONVEYANCES (if none appear, so state) : Reception No. 1676818 , Book 755 Reception No. 1796985 , Book 875 Reception No. 1796986 , Book 875 Reception No. 1796987 , Book 875 Reception No. 2072109 , Book 1190 Reception No. 2181753 , Book 1714 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 UNITED TITLE COMPANY OF GREELEY COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, UNITED TITLE COMPANY OF GREELEY COMPANY has caused this certificate to be signed by its proper officer this 28th day of April , A.D. , 1994 . at 7:45a.m. o'clock. UNITED 5� COMP By: AUTHORIZED SIGNATURE LEGAL DESCRIPTION PARCEL ONE: The West Half of the Southwest Quarter (W} SW}) and the Southwest Quarter of the Northwest Quarter (SW} NW}) Section 32, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, excepting from said parcel the following described tract: A parcel of land located in the Southwest Quarter of the Northwest Quarter (SW} NW}) and the Northwest Quarter of the Northwest Quarter (NW} NW}) of said Section 32, more particularly described as follows: Assuming the West line of the NW} of said Section 32 to bear North 0°00'00" West and with all other bearings herein relative thereto: Commencing at the NW corner of said Section 32, thence South 0°00'00" West along the west line of the NW} of said Section 32 a distance of 1,378.50 feet - -to a point; said point being the SW corner of the NW} of the NW} of said Section 32; thence South 89°26'00" East along the South line of the NW} NW} of said Section 32 a distance of 1,069.50 feet to a point, said point being the TRUE POINT OF BEGINNING; thence continuing South 89°25'00" East along the South line of the SW} of the NW} of said Section 32 a distance of 284.32 feet to a point, said point being the NE corner of the SW} of the NW} of said Section 32; thence South 0°07'00" East along the East line of the SW} of the NW} of said Section 32 a distance of 382.18 feet; thence North 36°30'50" West a distance of 478.96 feet to the TRUE POINT OF BEGINNING. PARCEL TWO: A parcel of land located in the Southwest Quarter of the Northwest Quarter (SW} NW}) and the Northwest Quarter of the Northwest (NW} NW}) of Section 32, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Assuming the West line of the NW} of said Section 32 to bear North 0°00'00" West and with all other bearings herein relative thereto; Commencing at the NW corner of said Section 32; thence South 0°00'00" West along the West line of the NW} of. said Section 32 a distance of 1,378.50 feet to a point, said point being the SW corner of the NW} of the NW} of said Section 32; thence South 89°26'00" East along the south line of the NW} of the NW} of said Section 32 a distance of 591.50 feet to a point on the centerline of an irrigation ditch, said point being the TRUE POINT OF BEGINNING; thence Northerly along the centerline of said irrigation ditch by the following courses and distances: North 44°21'00" East a distance of 99.98 feet; North 55°15'00" East a distance of 70.99 feet; North 69°23'50" East a distance of 147.98 feet; North 03°36'20" East a distance of 107.50 feet; thence South 36°30'50" East a distance of 343.40 feet to a point on the South line of the NW} of the NW} of said Section 32, thence North 89°26'00" West along the South line of the NW} of the NW} of Section 32 a distance of 478.00 feet to the TRUE POINT OF BEGINNING. 94_0643 .dwer.� r t `f a ,• ♦ ' ` rS 1. .e , t r„,Y:'r...},l. s.`.nA 'mF • _ 16 1515 1'7 c[ r > 755 Rcentea t45. __111326816 _. A La 20S_7R�atordw. '- I • ':.m _ I THss Dna, Made int. 15th deed December Slate Documentary Fee Id 75 betwwe Dole_.1LEQJ 6n1`Z5 _ C• EDWARD HEINZE end RUTH HEINZE, husband and wife, I _.. t�L.I1� .- 0elW Cnmty.< Weld and Stated • _._.. . . '� ta Cheered.,sf the fist pert,ad THE ARMSTRONG FARM PARTNERSHIP. y J consisting of Philip E. Armstrong and Ray E. Armstrong. lr r gpaLe 1. Box 162. Y ii& Weld W State of Colorado.of the sorted Pane I,' "t WITN®grTH,That the said party of the first pert,far and la eoaalenthm of the wed , TEN DOLLARS and other good and valuable conideration-- e to the said party of the tint part la hod per by the said pare of the sand part.W Main whereof it bade . o coateaaed and ehaeeledged,W mired,bernised.sold an Nrered.sad by then lemma don gnat.hernia. ."ere-.. i " veil,teener sad nabs,me the said party of the noted Wt.W WireWiread assign. forever,all the fofowlag Cl derailed tat or purer s of land.Mpsata.lying and Mies in the 0 ' i County of Weld mad.tae of CeMadn,m-wit: v .... , (See Exhibit "A" attached hereto and by this reference made a part hereof) .. 1= . y., Reserving unto the parties of the first part 1/2 of all oil, gas and other minerals for the term of the existence of a deed of trust recorded unde 0 o reception 1e76817of the records of the Clerk and Recorder of Weld County. Colorado, and upon payment of the obligation secured by said deed of trust or _. release of said deed of trust, said oil, gas and other minerals shall ultl- • mstely revert to parties of the second part their successors grantees or *sal S. , Parties of the first part shall retain all 1975 crops, and shall retain '�Q,L- VVeeceefon tp��11 Janua[y 15 1 76. Lt�Msl`' lOlalag. S e1G a ad uegsier W G�taarnb W aMnrnanna thereto Mieil^f. or is egelw • D appertaining.and the rennin and reversion;rtmaindor amt remainders,rents leers ad profits thenef:end all 1r1.✓ the estate,right.title,interest. demand and dema whateoe. of W wt. W that patty of at part tithe S lac 1 f or smeltr,of, a ad to the she..bargained pranbn,with the hereditament sad apperteeueeas TO RAVE AND TO HOLD the rid passim she..bargtWd ad deeribed.with the NMrtosanrw.sole W said paste of the semen part.his hare and assigns fenny.AS W said party of the first part,for himself.W Lein. angora.sad adelabuatan.does w.mant.net,borga and anus to and with the said party of the waned put. Ida Lein td Mina that at the tine of the cowling end delivery of than presents_he to well.Mad of the towels sbo.s coenged.as of toed.Bun.Perfect,aheolata and bdefeesible atria of Inheritance,in law,la fee dimple,sad has rood right.hall wetter ad lawful authority a gnat,Meath,ten and envoy the same is martyr and In as aforssY.as that the same an free an elan fm all torn as other gnats, banana. Mar. Ilea. tam, asavaa.nta and.scabrsaen of whatever tad or native seen? Subject to rights of way and _ easements as now established, reservations end restrictions of record, if any, general taxes for 1975 due and payable in 1976. On" i. a - II td the shove bargained praise in the Rekt sad peaceable pees..ka of the said party of the toned pan,his Sin .. j and.rime.aim all rid every perms or preys awfape calming or e sale the.look a err Pat West.W eRke '� can party of the lint pert shall and will WARRANT AND FOREVER DEFEND.The simper sealer shall aelode y t. W I plena.the aphut,p ,the singular.anti the use of an seeder I.a shell plinbh a all seders. g IN W1ITIER WHnSOP,W said MN of the ttrn part has narrate we We hid as sod the day w year :I flat anon trills, / -- j —.—. ____—_-_—_ I EWAW IIEIN73. Htubad2 _— [g ) [gull RUTH HEINZE. Wife --+"-"w STATE OF COLORADO `j • Canty et iARIMER 1{ anew.,, December s wee etlmewiedgd before r ter 15th der es it75:,hy Pdwdrd'Helmet •rid Ruth Heinz., husband and wife. 4:it"'de' j wily diett arose h'Commission Expires Nov:mhr 25. 57'J Wit.w bad sad'anew—t -- Na MA. wanWer OS.-ow weasmwe ae.t.-etas..!SIMS.Ca.tear ewe Mw..Dew.Or.a. an ". -• • rfv yt3 7. b' SM M ''IA .• t• ... 9e 0643 :T .tar .. .. . • • lYJ �` ,1L -.. • S. r o _ •C. ...041.2 1.'k5A i 'eel:" 1:":5. I ' M,,.' r es'5 'r /St• .r '~• .4...:wba. MI Aa,d• ,3 Y\ • • ! � '�.a V �T� -a d,M':.SC • - .. 'D d} o( 16768n 15 ... o 755 Cl x 4. ..4 N yccA.t 4 _ fe.i _ ' EXHIBIT "A" c Parcel 1- The Vest 1/2 of the SW 1/4 and the SW 1/4 of the W 1/4 i a Section 32, Township 7 North, Range 67 West of the 6th P.M., together with e. 4 shares of the capital stock of the Lorimer and Weld Irrigation Coepany; co 4 shares of the capital stock of The Latimer and Weld Reservoir Coweny ••' ' and all other ditch and water rights appurtenant to said lands including r n'''' - O • . 25 acre foot unite of the Northern Colorado Water Conservancy District : .<.. .. excepting free said parcel the following described tract: A parcel of e land located in the SW 1/4 of the NV 1/4 and the W 1/4 of the Si 1/4 A 'w of Section 32. Township 7 North. Range 67 Vest of the 6th Y.M.. more perti- '. -• cularly described as follows: Assuming the West line of the W 1/4 of said es Section 32 to bear North 0'00'00" Vest and with all other bearings herein - o o relative thereto: Commencing at the MV earner of Section 32. Township 7 ) North, Range 67 West of the 6th P.M. in Weld Cowry, Colorado; thence South 0'00'00" West along the west line of the W 1/4 of said Section 32 a dia- e Rance of 1,378.50 feet to a point; said point being the SW corner of the - C NW 1/4 of the W 1/4 of said Section 32; thence South 89'26'00^ East along Zan the South line of the W 1/4. W 1/4 of said Section 32 a distance of -- <' - 1,069.50 feet to a point, said point being the True Point of Beginning; c thence continuing South 89'26'00" East along the South line of the SW 1/4of the NW 1/4 of said Section 32 a distant, of 284.32 feet to a plat, said point being the NC corner of the SW 1/4 of the W 1/4 of said Section +.32; thence South 0'07'00" lest along the East line of the SW 1/4 of the '"' l'‘ W asd 38 . thence no M 30.50.. ' Vest1/4a diofstance1Section of 478.9632 •feet toadistance the oC True2 Point16feet;of Ieginning.rth containing tf 1.25 acres. Parcel 2. A parcel of land located in the SW 1/4 of the W 1/4 and in the W 1/4 of the W 1/4 of Section 32. Township 7 north. Range 67 Vest of the 6th P.M. an particularly described es follows: Aaaveing the Vest lino of the W 1/4 of said Section 32 to bear no an north 0'00'00' Vest d with all other r bearings herein relative thereto; Coning at the W corner of Section 32, Township 7 North, Range 67 Neat of the 6th P.M., in Weld County. Colorado; Thence South 0'00'00" West along the Vest line of the W 1/4 of said Section - c _ � 32 a distance of 1,378.50 feet to a point, maid point being the SV corner of c z p } '�t • the NW 1/4 of the W 1/4 of said Section 32; thence South 89'26'(0" East +' I' ?• along the south line of the NW 1/4 of the W 1/4 of said Section 32 s distance }� T of 591.50 feet to a point on the cecterline of an irrigation ditch. said _l • point being the True Point of beginning; thence northerly along the easterlies of said irrigation ditch b7 the following courses mad distances: North 44'21'OC" East a distance of 99.98 feet; North 55'15'00" East a distance of 70.99 feet; J..; H Korth 69'23'30' East a distance of 147-98 feet; North 03'36'20' Beat a distance of 107.50 feet; thence South 36'30'50" Easta distance of 343.40 feet to a point on the South line of the IN 1/4 of the1,4 of sold Section 32; themes },s ;"" _ NW North 89'26'00" Vest along the South line of the NW 1/4 of the W 1/4 of said Section 32 • distance of 478.00 feet to the True Point of kgiaatq. ,e.ratnlag 1-30 acres. Also, including all drapes, furnaces and propane tank. ; The above described property located in Weld County. Colorado. The address of said property being Route I, lox 162. Windsor. Colorado. w ' -1111".47__. " e F >: a�x 9`l to 1 .r .� .: •.-7 ::�. ! 't BCC'R b S �M . o :.1 r� 4}m 3 I o - — b ...� •.J � `.• ,co,J,J or ......�..� CC.._. ... 'clfoc�k(/��,,—. two 4 ye,R: • Rm.Na ...1�I.1,_.. sK.w l () F- ' r p} V N leF},"r '*'!� L _ S\st. o. CeMnde. Wag Cwrwr Cloth & Rottman • , WARRANTY DEED • t - I THE ARMSTRONG FARM PARTNERSHIP consisting of Philip E. Armstrong • =s. and Ray E. Armstrong (by Philip E. Armstrong, Attorney in Fact for Ray )�• ,•A `' E. Armstrong) consisting of all the partners thereof whose address is ' _ •(. to 1713 West Stuart, Fort Collins, County of Larimsr, State of Colorado oo •r;. c• 80526, for the consideration of Ten Dollars ($10.00) and other valuable c5, rn consideration, in hand pad, hereby sell and convey to ARTHUR N. CLAREE N "' r- and EVELYN M. CL1::Rl: whose adoress is 7197 Highway 14, Fort Collins, ' • o County of Larimer, State of Colorado 80524, the following real property ti ' o in the County of Weld, and State of Colorado, Cowltt ' _ Stole Documentw, Fos SEE EXHIBIT "A" ATTACHRD and by reference MMJUL 1 R 1979 made a part hereof. _ ,05..b0 with all its appurtenances, and warrant the title to the same, subject to e t ,•. '.;•� tc the following: e 1. Patent reservations. 2. Prior mineral reservations, including but not limited to that C1) interest created in Book 755 at Reception Number 1676818 of the Weld County Records. C - 3. Easements and rights-of-way, existing and of record. 4. 1979 General taxes and assessments due and payable in 1980. -_- 5. That deed of trust to the Public Trustee of Weld County, Colo- �p redo which appears in Book 755 under Reception Number 1676817 of the Weld ^� _ County &cords. rg+' F. Zoning or other "land-use" regulations, laws or regulations by the County of Weld, Colorado, or any other authority. 7. That agreement recorded in Book 336 at Page 394 of the Weld County Records and the obligations created thereunder. - 8. The rules, regulations, levies, assessments and liens of the Northern Colorado Water Conservacy Dir tract, Windsor Severance Fire _ Protection District and the North Weld County Water Mistri.rt. ___ Signed this $XTi day of •G.. � 1'i]4, JJ i r [ rliip ? . Armstrong • Ray/E. Armstrong by %•h• lip I . ,\rn- scrong• iii. \t L.•rnc•: :art -____ • 8IAlF OF r:OLORADO i t' ' 'ii ',t> ttt Lorin. r ) 's' . / toe foregu,ng icstrum,•ui wus :u"knn•.1, d,•:d it t: r. v, Iris dew ut f''. l4/Y, b: Yhi ! ip ,t:•r.l •n ur.. .,. 1.. .\rm- �J!r F4ciaatAk(Sv 7V ti: i:. Arms r.,it,;. • MY man rnrdl: r c'to Yom. • la.nmin ion ..:p i ro- . ;intuit d. "let a'a I. , - r• VI t. jrJO hand and 'it t i� :I ... .:I . A '� yr 9,643 ; 17969 . 875 EXHIBIT "A" 0?-02 %5J '.. r•!u DESCRIPTION t-Pr :•' 't%4i PARCEL ONE: The West Half of the Southwest Quarter (W/2 SW/4) ., r;•r'v. 1.--• And the southwest Quarter of the Northwest Q (SW/4 NW/4) F _;^T.a4 • ' Section 32, Township 7 North, Range 67 West of the 6th P.N., .'At.. y ear: Weld County, Colorado, together with four (4) shares of the capi- '-'a. "Re tal stock of the Latimer and Weld Irrigation Company; four (4) it'2 sharesof the capita st.•ck of The Latimer and Weld Reservoir d •-' ;•� Company and all other diLch and water rights appurtenant toon said lands including 25 acre foot units of the Northern Colo- > > redo Water Conservancy District, excepting from said parcel r - the following described tract: A parcel of land located in •lr the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) and �y,, s':.; ':-42:"` the Northwest Quarter of the Northwest Quarter (NW/4 NW/4) of said Section 32, more particularly described as follows: As- suming the West line of the NW/4 of said Section 32 to bear „ tt,=!.;j North 0° 00' 00" West and with all other bearings herein re l- • ,,*-•x:` tive tLoreto: Commencing at the NW comer of solo Section 32, Rt ;.• !` thence South 00 00' 00" West along the west line of the NW/4 of said Section 32 a distance of 1,378.50 feet to a point; said point being the SW cornea of the NW/4 of the NW/4 of said Sec- o' tion 32; thence South 89 26' 00" East along the South line of . a ?Kz' the NW/4 NW/4 of said Section 32 a distance of 1,069.50 feet to a point, said point being the TRUE POINT OF BEGINNING; thence • continuing South 89° 25' 00" East along the South line of the _ SW/4 of the NW/4 of said Section 32 a distance of 284.32 feet 3 ;>_ to a point, said point being the NE corner of the SW/4 of the ` ,� :'f 4• • NW/4 of said Section 32; thence South 0° 07' 00" East along the -?. z->, East line of the SW/4 of the NW64 of maid Section 32 a distance i' :'₹t of 382.18 feet; thence North 36 30' 50" West a distance of s rC 478.96 feet to the TRUE POINT OF BEGINNING, containing 1.25 ' --44,---:. 'ell acres. PARCEL TWO: A parcel of land located in the Southwest Quarter . _y� - of the Northwest Quarter (SW/4 NW/4)and the Northwest Quarter r +-•'!S of the Northwest Quarter (NW/4 NW/4) of Section 32, Township 7 North, Range 67 West of the 6th P.H., We',d County, Colorado, =' R-°- ,, ;',•�• - more particularly described as follows: Assuming the West line of the NW/4 of said Section 32 to bear North 0 00' 00" West and ," ..t=:` i with all other bearings herein relative thereto; Commencing at the NW corner of said Section 32; thence South 0° 00' 00" West along the• West line of the NW/4 of said Section 32 a distance of 1 %:.a: 1,378.50 feet to a point, said point being the SW corner of the _ 4 f4-2 NW/4 of the NW/4 of said Section 32; thence Sot.th 89° 26' 00" b. East along the south line of the NW/4 of the NW/4 of said Sec- tion 32 a distance of 591.50 feet to a point on the centerline : =-c ht ..v?.: of an irrigation ditch, said point being the TRUE POINT OF BE- :?I,/,;.': GINNING; thence northerly along the centerline of said irriga- - -, •t-.a' tion ditch by the following courses and distancs: North 44° 21' 00" East a distance of 99.98 feet; North 55° 15' 00" East a distance of 70,99 feet; North 69° 23' 50" East a distance of `•T$ P .e,„ 147,98 feet; North 03° 36' 20" East a distance of 107,50 feet; .g. thence South 36° JO' 50" East a distance of 343.40 feet to a r ,4, ,..e, point on the South line of the NW/4 of the NW/4 of said Section i2, thence North 89° 2b' 00" West along the South lint of the :: ./4 of the NW/4 of Section 32 a distance of 476.00 loot to the r." ?'Y,S., TNL'E POINT OF BEGINNING, containing 1.30 acres. - - Y together with the reversion and remainder, and all other rights -', f7 of Grantors hereof, of the one-half of the minerals reserved �` ,; in the warranty deed recorded in Book 755 at Reception No. ie 1676818 of the Weld County Records which ploy des that upon ,ri>,, rti s. .14" payment payment of the obligation secured by deed of trust, recorded in ,• Book 755 under RerentLm Nn lh7h81_ cf the 1:.1.1 Covets pernr4c, or the release thereof, said ;a lnrr air. shall revert to grantees under said warranty deed (1( 1 T t't-. h, :nt.” ' 1. nt'us here- , , of to convey all rights Lt;u.,.. .• rights �S4 ''.� ••, { of t � ul r•. hen ..1 In the usairi said war r:nttr deed t ( r .•t rr:: rr. •y } . Z, ire .a>-', f ! IA:• i' 9e 064e .. A � 'JUL i (dry` Y,• /" >� t : b )I 1 R.....' e• .. o'nock ...Q....Ja_ 6 1979 ( t w 'I • Fe,.Nu....—..1796:096-. G11St' ar. (tll .: 1 WARRANTY DEED cal -/ --_ slaw of Coloreds, Weld Csnry cleat G Recorder 4 'tee . '� ( ARTHUR P1, CLAHKE and EVEL1'N ?I, CLARKE, husband and wife, whose F f • 14 addrese Is 7197 II.ghway 14, Fort Collins, County of Leriar ,r, State of I ? i - - -.. Colorado s0524, for the consideration of Ten Dollars ($10,000) and other I v-t,7 C) valuable consideration, in hand paid, hereby sell and convey to VICTOR • ;= •_, • ` y,e.. Cr' ,J i •D S. KLEIN whose ad1-..a•: is Rfl le t& agof /BP, Ale raey, Nr1% P rT - �--1 County of 0.4411 State of 64MQa,O , the following • ,�•�_ ' real property in tiro County of Weld, and State of Colorado, to-wit: ^` }•�; _ ..,,,e, Side Dacutnenlary Fee • -- SEE EXHIBIT "A" ATTACHED and by reference JUL 1 6 1979 ��° — --- made a part hereof. -:S CST 3.4:25-050—.—.---. N �. o ft , t- with all its appurtenances, and warrant the title to the salve, so ject to p - .r :-x. ` - ca.. the fol lowing: • _ •OI+'• L. Patent reservations. �O tk - 1 • 2. Prior mineral reservations, including but not limited to that #' a �•. interest created in Book 755 at Reception Number 16713818 of the Weld e' County Records. ` 3, Easements and rights-of-way, existing and of record, 6, 1979 General taxes a_,1 assessments due and payable in 1980. •.:.5 ..• -9, 5. That deed of trust to the Public Trustee of Weld County, Colo- ,- , redo which appears in Book 755 under Reception Number 1676817 of the Weld _.61 v •' �u, County Records,• 6. Zoning or other "land-use" regulations, laws or regulations by the County of Weld, Colorado, or -.ay other authority. a 7, That agreement recorded in Book 336 at Page 394 of the Weld 1., i County Records and the obligations created thereunder, 5" '1 8, The rules, regulations, levies, assessments and liens of the `t,.r„` •w Northern Colorado Watcr Conservacy District, Windsor Severance Firene 6G Protection District and the North Weld County Water bistrict. C.' Signed this _ /C_, day of --la 1179. •� S- . - bur M. Clarke L . a _ Evelyn . ,.LIrnt• ` .5I:\1'I: Jr G01.01O00 ) _ _ k ( .,,int. of Ladner ) ,s., r. lOw luregoinx iW.tru•ier: 1....is arkuo.+l..l,;od 1...:o,, r,. :qt- - •Y 1'0:4, H. Art'out •1. • ..ttbr m 1..1 • !.trkc. �,a ' •iLa C. : ^l'. I. •tiI unri ••I I t• .�i .. il . ;”•,- ..A. .y: i - , .. ..1.4 . 94.19643 . �, 800'875 1796986 • ' " e'il EXHIBIT "A" 1'!"..:70 °tk�';,)!1s a_a cyi DESCRIPTION �.-4'.1......t:: .1: �. a , Tn, `i•T . PARCEL ONE; The West Half of the Southwest Quarter (W/2 SW/4) tar • y S' B,r r and the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) �+ i"•,- r_' Section 32, Township 7 North, Range 67 West of the 6th P.N., j t Tt: Weld County, Colorado, together with four (4) shares of the capi- t t4'. tal stock of the Latimer and Weld Irrigation Company; four (4) i S�,y' .. sharesof the capital rock of The Latimer and Weld Reservoir Company and all other ditch and water rights appurtenant to /,'En said lands IncluJ:ng 25 acre foot units of the Northern Colo- rado Water Conservancy District, exrepting from said parcel the following described tract: A parcel of. land located in } the Southwest Quat ter of the Northwest Quarter (SW/4 NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4 NW/4) of .-di . • said Section 32, mote particularly described as follows: As- . , --. suming the West line of the NW/4 of said Section 32 to bear - North 0° 00' 00" West and with all other bearings herein rel- m:!;1\71..11.:7'. • `• tive t',ereto: Commenring at the NW cumer of amid Section 32, 'thence South 0° 00' 00" West along the west line of the NW/4 of s4 said Section 33 a distance of 1.,378.50 feet to a point; said a point being the SW rnrner of the NW/4 of the NW/4 of said Sec- . Lion 32; thence South 89° 26' 00" last along the South line of the 1.14/4 NW/4 of said Section 32 a distance of 1,069,50 feet to - - a point, said point being the TRUE POINT OF BEGINNING; thence • , tLr •a continuing South 89° 25' 00" East along the South line of the •.,..;.!1:1„ R<:}; SW/4 of the NW/4 of said Section 32 a distance of 284,32 feet "1";1A. `? s to a point, said point being the NE corner of the SW/4 of the ,;: NW/4 of said Section 32; thence South 0° 07' 00" East along the `',.,,, Fast line of the SW/4 of the NWb4 of said Section 32 a distance• of 382.18 feet; thence North 36 30' 50" West a distance of u. a 478.96 feet to the TRUE POINT OF BEGINNING, containing 1.25 . �,t4? acres. PARCEL TWO: A parcel of land located in the Southwest Quarter t �' of ute Northwest Quarter (SW/4 NW/4)and the Northwest Quarter of the Northwest Quarter (NW/4 NW/4) of Section 32, Township 7 North, Range 67 West of the 6th P.N., Weld County, Colorado, ; 4<t more particularly described as follows: A_sattming the West line 5- +,7 '�4 of the NW/4 of said Section 32 to bear North 0° 00' 00" West and -, with all other hearings herein relative thereto; ((omerncing at :r the NW corner of said Section 32; thence South 0° 00' 00" West ,r"-P..k. _ _ _ along the West line of the NW/4 of said Section 32 a distance of „.-0:,-; ` 1,378.50 feet to a point, said point being the SW corner of the NW/4 of the NW/4 of said Section 32; thence. Sesth 89 26' 00"• • East aiuug the south line of the NW/4 of the NW/4 of slid S:r- r +mot +' tion 32 a distance of 591.50 feet to a point on the centerline of an irrigation ditch, said point being the TR11E. POINT OF BE- 4 { _ . .- 2 t GINNING; thence northerly along the centerline of said irriga- . ' �•I -�t. -- ,� lion ditch by the following courses and distant-per North 44° :a 21' 00" East a distance of 99.98 feet; North 55° 15' 00" fact a rr. ..sir- y - distance pf 70.99 feet; Werth 69° 23' 50" East a distance of •, •`P1+ 147,.-08 feet; North 03° 36' 20'• East a distance of 107.50 feet; #na -' ,C thence South 36° 30' 50" East a distance of 343,40 feet to a .114:74i.....,„„-.7.,,„ point on the South line of the NW/4 of the NW/4 of said Section a r 12, ;hen,e North 89° 26' 00" West along the South lint °i the 11 1 ;4 of the NW/4 of section 32 a distance of 476.00 toot to rite 1 e 1nt'E POINT OF NEC I::NI':1 , rnntaining 1. 30 acres. -w3 • together with the reversion and remainder, and all other tights % of r:rantoic h, roof , of the one-half of the nlnrr.,ls reserved in the oar-rusty dend re. nr.ted In Nook i5S ai krreptltm No. 1 , '4 + '.'.9 If.76t' P of the Wol,' (coot. Poirrd., which 1•tot 1• that '.:pot, • L:. - ,:+IrS- f r:nonf. of the e'ItP 1 ' n soured by (food of bust , recorded in y'j i. book 755 under Nets pt l.•n I. ,. I ,7,.817 of fir ...•!d (aunt•: I', cords, nt the release Cher ton' rt Id r. Inet al s si. i1 ' sort t. 'Ant. es ,-, d.•. s 1d warrant. , h ri• I•' • . 1I. n . r 1{rt'. 'i .' hrtr- e. 4iif(j;;. •ry aII Ih . nr .. 1 I ;.1 •hr pr. r , r 11.htr X...:�..',: ...t ;a(d won.mt - !� ...! to frn.�l t .r i . .. t7 7. i '' 7 k�' 9C0643 I/ JUL l 61979 pry qq y t e £i`75 ,. ..:�i at _ dram ....P.M...... ! .7,....`,4 ts 3 ti .• 1796704 /'t',2Jc&a.,i .r.. N e9 -/ 1.1 a :A', ItJ � EXCHANGE WARRANTY DEED IN JOINT TENANCY ev ' d L,' I I •.rw z ..I ^� P KNOW ALL NEN BY THESE PRESENTS, That VICTOR R. KLEIN, Grantor, whose ad- I r<4 i-i.' dress is Post Office Box 188, 'Curacy, Colorado 80644, of the County of Weld and sex ....- o a State of Colorado, for the consideration of Ten Dollars ($10.00) and other valuable • i;, '^ c consideration, including the exchange of like kind properly, in hand paid, hereby '"'yP^'• :i,L' exchanges, sells and conveys to FRED ZIEL and GERTRUDK S1RL, as loin[ tenants, '- r-- Grantees, whose address is Route 1, Box 163. Windsor, Colorado, and it is declared • ',..k '~• that the property is conveyed in joint tenancy, to the said Giantess, the survivor of them, their assigns, and the heirs and assigns of such survivor, the following e real estate and property, situate in the County of Weld end Suite of Colorado, • 1- to-wit: o ,,.,.r • y set See attached "Exhibit A": c� o together with all its appurtenances, end warrants the title to the same, subject, how-0 - ever, to the following: . sue,sa. I.I. Prior patent and mineral reservations, including, but not limited to, _' •74t; that interest created in Book 755 at Reception No. 16761118 of the Weld County Records,t - R ' 1 1•j 2. Easements and rights-of-way, existing and of records S� 3. 1979 general taxes and assessments due and payable in 1980; 4. Deed of trust to the Public Trustee of Meld County, Colorado which ap- pears a Book 755 under Reception No. 1676817 of the Weld County Records securing a 11 - 't note pa,able to Edward Reines and Ruth Refine, the unpaid principal (together with ac- ". crued interest) of. which Grantees assume and agree to payf 4 '1°"- Zoning or other "land-use" regulations, lows or regulations by the ' -J; . -•e, County of Weld, Colorado, or any other authority; 6. That agreement recorded in Book 336 at pogo 394 of the Weld County v Records and the obligations created thereunder; and 7. Inclus ion within the Northern Colorado Water Conservancy District, r.' Windsor Severance Fire Protection District and the North Weld County Water District. 1 _., a L SIGNED and delivered this 10th day of July, '979. - t, . C -.111.-1; • 1-. r .R Victor R. Klein vhz ' ,. f' . I Sum* On .,,:.wary Fee . siATF nF COLORADO ) i l. JULJUl n 1979 y ! it ,+� O, Gef:AR:WIPER ) i f The:foregoing instrument woo ocknowled(td bet!•re me this 10th day at July, ''..!;ii.-1,:'-'(- 1.! :• "...x.,2, )4j9 by C;rTOX R. KLEIN. l , ; 1 r 12—,-,.`�t-:: ;a ' .WITNESS my hand and oft It lal seal ,- s t=, 'r' _ 44 4 •,(.II . I „I.I1. 4 r(:#..t". ....;!'l My :Armin. „ t• 7{�*`c,"f. '- Mc I,am,•.ln.inu ex',Ine v: Chloto" r 'J 4 [.' f � 1 a1 Y k ,,4 - 1,-y -c`' NRu4 9110643 _ � . �, ? • '875 t .� 1796987 EXHIBIT "A" a-.2 C. DESCRIPTION r .la i . PARCEL ONE: The West Half of the Southwest Qu (W/2 SW/4) and the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) (" ' Section 32, township 7 North, Range 67 West of the 6th P.M., S.n,.-�,�. Weld County, Colorado, together with four (4) shared of the capi— tal stock of the Larimer and Weld Irrigation Company: four (4) x- sharesof the capital stock of The Latimer and Weld Reservoir Company and all other ditch and water rights appurtenant to said lands including 25 acre foot units of the Northern Colo— '4 redo Water Conservancy District, excepting from said parcel the following described tract: A parcel of land 1 d in the Southwest Quarter of the Northwest Q (SW/4 NW/4) and - "': the Northwest Quarter of the Northwest Quarter (NW/4 NW/4) of said Section 32, more particularly described as follow: As— susing the West line of the NW/4 of said Section 32 to bear •---� North 0° 00' 00" West and with all other bearings herein nil- . tive thereto: Commencing at the NW corner of said Section 32, .:. thence South 0 00' 00" West along the west line of the NW/4 of said Section 32 a distance of 1,378.50 feet to a point; said "` ` point being the SW cornet of the NW/4 of the NW/4 of said Sec— Lion 32; thence South 89 26' 00" East along the South line of the NW/4 NW/4 of said Section 32 a distance of 1,069.50 feet to a point, said point being the TRUE POINT OF BEGINNINCI thence continuing South 89° 25' 00" East along the South line of the SW/4 of the NW/4 of said Section 32 a distance of 284.32 feet to a point, said point being the NE corner of the SW/4 of the t '/4 of said Section 32; thence South 0° 07' 00" Last along the Last line of the SW/4 of the NW64 of said Section 32 a distance of 382.18 feet; thence North 36 30' 50" West a distance of * ' 478.96 feet to the TRUE POINT OF BEGINNING, containing 1.25 ac:eb. • PARCEL TWO: A parcel of land located 1n the Southwest Quarter r of the Northwest Quarter (517/4 NW/4)and the Northwest Quarter of the Northwest Quarter (NW/4 NW/4) of Section 32, Township 7 s North, Range 67 West of the 6th P.M., Weld County, Colorado, 1 ' sore particularly described as follows: Assuming the West line of the NW/4 of said Section 32 to bear North 0 00' 00" West and with all other bearings herein relative theretoi Cusmencing at the NW corner of said Section 32; thence South 0° 00' 00" West along the West line of the NW/4 of said Section 32 • distance of ti'-"'1l ��`•` 1,378.50 fee' to a point, said point being the SW corer of the NW/4 of the t•./4 of said Section 32; thence South 89 26' 00" East alung tb. r.uuth line of the NW/4 of the NW/4 of said Sec- tion 32 a distance of 591.50 feet to a point on the centerline t ,. "•'�.' of an irrigation ditch, said point being the TRUE POINT OF BE- GINNING; thence northerly along the centerline of said irriga- tion ditch by the following courses and distances: North 44° 21' 00" East a distance of 99.98 feet, North 55° 15' 00" East a distance of 70.99 feed; North 69° 23' 50" East a distance of 147.98 feet; North 03 36' 20•' East a distance of 107.50 fret; "+ thence South 36 30' 50" East a distance of 343.40 fort to a point on the South Sine of the NW/4 of the NW/4 of said Section 32, throes Nurth 89 26' 00" West along the South line of the NW/4 of the KW/4 of Section 32 a distance of 478.00 fort to the TRiif. POINT Of Sift.NING, containing 1.30 acres. OIL:?"., together with the reversion and remainder, and all other rights of Grantors hereof, of the one-half of the minerals reserved r ` 1 ₹ � in the warranty deed recorded to Book 755 at Reception No. 1676818 of the Weld County Record• which provides that upon payment of the obligation secured by dead of trust, recorded in Book 755 under Reception No. 1671,417 of the Weld County Records, yw ` or the release thereof, said elnrral. 0.411 revert In grantees w 1 • und, r raid warranty ((rid (It In it,. Iii. vt . m ul Tr•nt.'r, here- of onvev nil Vigils of 'tinto7, + of 1+ '1 y ' ,rtr, . rights i2ty “+Jri ,.old von ante aped re Lrnnr r.- /.,nr.91 r$�„ l ,'.'� ,• AR2f172 SUM B 110. REC 02072109 10/06/86 09102 JO 1/001 •I�:"�� r t 4' P 1233 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO t 1.•• 1. p i.•. .,�:� r this !ttD, uede thb 29th my d September 1e tee ' l • + , .,1 I rat e« Lord opa theasaed nixie hundred and eighty-six ,between ,.4'.4.1 .'t I' FRED ZIEL and GFRTRUDE ZIEL Windsor, Colorado ,(,, ! I • Mi deb. County d an d Weld . d State Colorado. d the fast part and . . 1..4 i• I ?,! SHAWN C. E[Li)RHY and PATRICIA M. EINOR'IHY ,".•1•,•1%•:71.."1" 1•;, 960 Hemlock, Windsor, Colorado 80550 1 a A •f`•; " • d the Geary o Weld . and Staled Gnomic. d the setoad pan: �.. j WITNESSETH, That the said pan les of the first + f ~ '�part. (« and in consideration of the svm d :1!''''..1, Thirty—four thousand seven hundred and No/100-- DOLLARS, ',t , • } '` • t 1 to the m4 poles of the fan part in hand paid by the old part ies of the second q pars.the receipt where.Is }+ '1 ( N hereby confessed and acknowledged.have d, bargained,sold and conveyed.end by them gemet de 'iI . s n i r: ( a font MrPlR sell, convey and eonlirm now the said part ies of the second pan, thC'l6sas and sadists. p�- i I fV l,... knew,all the following described lot or parcel of land, situate, lying and being in the Casty el Weld " .fit, sad Sure of Colorado.to-wh: t t; 1 N..' Lot "A", of Recorded Exemption No. 0705-32-2-RE 918 b.ing a portion of 1 't r ( L the NA of Section 32, Township 7 North, Range ?67 West of the 6th P.M., I v weld County, Colorado, as per the nap recorded September 3, 1986 in Book 1126 as Reception No. 2067999, Weld County Records. t i�. q } i 4.�.. • State Documentary Fes 11 6 i ''Dote..1Q�s� % , s .3e 4-1L_,_,__ 1 er t ; s aC •.;. q I (e..:, 1 �. t, , sr`,. Also known as: I /; TOGEg1f2k with all sod singular the hereditament. sit' apVunnanera thereinto belonging,or in any- -.•/r; r f q j wise fgrtining. and the reversion and rever•mn. rnaair•ic'.and renm•necs rears•items and profile thereof;and 1 `w rs all the estate, right, title, interest. claim an' demand whatsoever of the.+:.1 parties m the first part either in law & y or equity. of. in and to the Owl a leargai,xd :«®',•v, with the hereditament, and ar t.,I ant's. g t . 'a + a e ` . TO HAVE AND TO HOLD the said V:eaan attain bargained arid d 'bed, nth sppunraaatts. IMO [..•,'P'° l L fit +„ �. e} ti.:..,:k.,k, the said part ies of the second part•their heirs and assigns fo • And the rail pan les of the fan it. .'1�+.. t'.'' part. I.w their heirs, earawn and adrainistr:.t«a, do covenant, gnat,bargain and agree 4a b sod with the sa:d part ies of the second pert• their hear and amigos, that as the time of the en- t .:,.'.. F17 .`[Y:. 1 sF sealing and ddi+o nl thesew > presents are well reined of the premier above conveyed,as o/good,sue.per- ; $`-. f' Ircu absolute and indefeasible estate of Inheritance,in law• in fee simple,and hole goal 'right.fell power and lawful � ' " .. f i • authority to grant,bargain,sell and canny the same in manner and form aforesaid, and that the same are free `+ 4 'µi� c.-",".1.....f';'! ' and clear from all former and other grants bargains, sales,lien taxes,usosmeeU and iscmbneen of whenever A e -,.:11 t •:. m PA }. �, knee« nature sort': easements and rights of way of record and 1986 taxes not yet i f k dtar and payable. ,I ''_ r a + .! i l; I l' 1,} 5{` r+ 'fir• and the above prrmi-e,. m the mu t 'depar 125 0l the atoned part.their r dn,'i I p•�+••saioe .•f the said t 'F#.7ir i heirs and assigns. agsin.t all and e y I n r per ors lawfully claiming et to claim the whole or say part i 1.; :I p,. • 1 w thereof, the said part LOS el the Cr., part .IilI and will WARRANT AND FOREVER DEFEND. i ,r •...),` I'rr-r to. ' IN WITNESS WHEREOF. The .a:d :wile; of the first pan have hereunto sit their hand sad l'T314i p,{ rTE.;N .3J1�•. : s �.r u seal she day and year first_hose wrnr.. r—.211"?;:: i.+. boil Sl it " I ^ ,1 Elpi4 a•' Signed,Sealed ire l nehercd n the Ixwnae of .. __(SEAL) I yl,... , 1-j T c tot -, FRED 7I I1, r'..-.-:•::::',-,',.4.10-4-:;:7•,;%'; t J r a ' y g - L`.G r.C+ct / i/� __(SEAL) , �Y4'1 •r • IN'X'10,:,, ,, 1 GERTRUDE ZIEL t� a •�i , - _ .(SEAL) r ?Zs 1st r• STATE OF COLORADO, - ,) ef, as The Lwrgeind m,irvmrrCannty of Weld. .t d btf.src„se the . 29th 4. d , g .*� • September - by `FF .zie:.ard . ___ 1y 1.IX Zit"i ca,w, Gertrude Lief t-. K1ta,,,-.'III• _...._. _..___-- ` f r t{'kss FYa � y. , I Weans H> Hand.nd U(1 au Sal -. . _ y'• c • ,:±`,rair f 41,_ a `3r.i! , if> Cara ire Eee a• .. 9718—.90 _....__ / .;L� `/AAi_`—` r. +r Kr�' 1 8r r,ka /q, xx fi. - •Oh./J^ _ e..�. Y•EIf�— t¢.� h, 1 ,4 r. '. 7`�L rat ',', ,+ WARRANTY DELL) • 14• p,("Mr:',/ f t i F ,, t a r l 1 C.4 4 r Sri : • 1 °,.`4"5'4 , r'sr:.a'' 9406<T3 0.• 1 • ,M.,yrL w. • . E 1234 PEC 0218/753 06/06/89 14:56 $6.00 1/002 r, ,. F 1279 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO , , t• • AR2181753 WARRANTY D® 1 i,. Y , ? KNOW ALL NEN BY TNESE PRESENTS, That FRED ZIEL AND GERTRUDE ZIEL, as joint „ tenants, Grantors, whose address is 920 Walnut Street, Windsor, Colorado 80550, i,• , . County of Weld, State of Colorado, for the consideration of Ten Dollars ($10.00) s • and other valuable consideration, hereby sell and convey to HELMUT Z1EL and ARTHUR n:" •�r� 1;•;;' ZIEL, as tenants in common, and not as joint tenants, Grantees, whose address is 44' • 'Y:; , 1015 Cottonwood Drive, Windsor, Colorado 80550, County of Weld and State ofu' tr Colorado, the following real estate and property situate in the County of Weld and ; State of Colorado, to-wit: t., v > +•- (See attached "Exhibit Ae). No documentary fee required together with all of its appurtenances, and warrant the title to the same, subject, however, to the following: w' 1. Prior patent and mineral reservations, including, but not limited to, #.1' i r e(1 Y � that interest created in Book 755 Reception No. 1676818 of the Weld County Records; ' 2. Easements and rights-of-way, existing and of record; t 1'; 3. 1989 general taxes and assessments due and payable in 1990; I , 4. Zoning .•r other land-use regulations, laws or regulations by the County s( of Weld, Colorado, or any other authority; ctrr Y ,..'.• .: 5. That agreeaient recorded in Book 336 at page 394 of the Weld County ��'';.� • i ` Records and any obligations created thereunder that do or may effect all or any IA r ' ! part of the real estate and property hereby conveyed; ;y • 6. Inclusion within the Northern Colorado Water Conservencl District, ds .04..., Windsor-Severance Fire Protection District, and the North Weld County Water `- District. r No documentary fee regw.red y Lr C /. r g ; Signed and delivered this 25th day of January, 1989. '*:*'a a .1 • r t t s ! (l o-u e,G , a (Fred Ziel) (Gertrude Ziel) ,se . , '.6:::::;,.' STATE OF COLORADO, COUNTY OF WELD : ss •'/",1 ° a • 44k I'*(O1 4.tidi';' The foregoing instrument was acknowledged before me this 25th day of Se ` ;Y.-iti, f; January, 1989, by Fred Ziel and Gertrude Ziel. ',S`6 '•. Y�r • C'f �� _• Witness my hand and official seal. ,'40 <a F r, 3 �1/ / e Notary Public ra `•`'+ ._,„,]nY • F.O. .ox 880, Windsor, CO 80550 . .a •- My Cb 5Fpon ;expires:_Sept 23, 1991 .•..0.• '' '.;',!?-2::. e`r �: Ptl9' ' . +r o- 4;.:47:': a +" r..,. e • ,a4j ' _ a�� . 94964,3 3,i v9., i . 1.. ., t . 0'414-„ " ., s 14. �A ..` , if •( •' ,. #.i". '!a.. 8 1434 REC 02181753 06/06/89 14:56 ,6.00 2/002 '• F 1280 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO ,� • •� ' v t EXHIBIT "A" — asy ..t • DESCRIPTION '4, 1 y ' r p y /a ; PARCEL ONE: The West Half of the Southwest Quarter (W/2 SW/4) •±74'.2' :N. and the Southwest Quartet of the Northwest Quarter (SW/4 1.•V/4) a " [ :-..:10 � ' Section 32, Township 7 North, Range 67 West of the 6th P.H., i ;1� Weld Co.mty, Colorado, together with four (4) shares of the capi- tal stock of the Latimer and Weld Irrigation Company: four (4) i 6' sharesof the capital stock of The Latimer and Weld Reservoir '� + • •• Company and all other ditch and water rights appurtenant to 'a said lands including 25 acre foot units of the Northern Colo- rado Water Conservancy District, excepting from said parcel the following described tract: A parcel of land located in , f � .. the Southwest Quarter of the Northwest Quarter (SW/4 NW/4) and the Northwest Quarter of the Northwest Quarter (NW/4 NW/4) of A;'• •uC said Section 32, more particularly described as follows: As- E tT suming the West line of the NW/4 of said Section 32 to bear North 00 00' 00" lest and with all other bearings herein re 1- •` t tive thereto: o ozneccing at the NW corner of said Section 32, t thence South 0 0J' CO" West along the vest line of the NW/4 of s said Section 32 a distance of 1,378.50 feet to a point; said point being the 5'd cornea of the NW/4 of the NW/4 of said Sec- a :.; a.' •. 9 don 32; thence Sava 89° 26' 00" East along the South line of , ).- the NW/4 NW/4 of said Section 32 a distance of 1,069.50 feet to a point, said point being the TRUE POINT OF BEGINNING; thence A continuing South 89° 25' 00" East along the South line of the 7s SW/4 of the NW/4 of said Section 32 a distance of 284.32 feet • to a point, said point being the NE corner of the SW/4 of the • a� 0 II, • NW/4 of said Sect on 32; thence South 0 07' 00" East along the s•-: t i•. -r East line of the SW/4 of the NW64 of said Section 32 a distance • of 382.18 feet; thence North 36 30' 50" West a distance of i 478.96 feet to the TRUE POINT OF BEGINNING, containing 1.25 s .acres. ' • 4t e j PARCEL TWO: A parcel of land located in the Southwest Quarter of the Northwest Cosner (SW/4 NW/4)and the Northwest Quarter of the Northwest Cvarter (NW/4 NW/4) of Section 32, Township 7 North, Range 67 West of the 6th F.H., Weld County, Colorado. more particularly described as follows: Assuming the West line ,+ ,: . of the NW/4 of said Section 32 to bear North 0° 00' 00" West and with all other bearings herein relative thereto; Commencing at tx 1� the NW corner of said Section 32; thence South 00 00' 00" West '•a u " along the- West line of the NW/4 of said Section 32 a distance of { a 1,378.50 feet to a point, said point being the SW comer of the ` - NW/4 of the NW/4 of said Section 32; thence South 89 26' 00" t East along the south line of the NW/4 of the NW/4 of said Sec— ``i S -• tion 32 a distance of 591.50 feet to a point on the centerline of an irrigation ditch, skid point being the TRUE POINT OF BE— r . • a i� GINNING; thence northerly along the centerline of said irriga- a Z , v tion ditch by the following courses and distances: North 44 t J ` i 21' 00" East a distance of 99.98 feet; North 55° 15' 00" East a c 4 distance of 70.99 feet; North 69° 23' 50" East a distance of • } -) t Sr-sI 147.98 feet; North 03° 36' 20" East a distance of 107.50 feet; '.,ft •,t' + H, i JI thence South 36° 30 50" fast a distance of 343.40 feet to a ' rt r "'1 + .. point on the South line of the NW/4 of the NW/4 of said Section _•� '`'`T � 32, thence North 69 26' 00" West along the South line of the ".: Y NV/4 of the NW/4 cf Section 32 a distance of 478.00 feet to the _ + • Jr F..- • TRUE POINT OF BEGINNING, containing 1.30 acres. • � �� g together with the reversion and remainder, and all other rights •�, y ; • ` ` ir of Grantors hereof, of the ono—half of the minerals reserved _ t _ in the warranty deed recorded in Book 755 at Reception No. k ' 1676818 of the Weld County Records which provides that upon payment of the obligation secured by deed of trust, recorded in i ..•,. ,4- Book 755 under Reception No. 1676817 of the Weld County Records, •' or the release thereof, said minerals shall revert to grantees under said warrant/ deed (it is the intention of Grantors here- of to convey all rights of Grantors hereof in the grantees' rights• +'C under said warranty deed to Grantees hereof). aL r t EXHIBIT "A" jl tr 941O64 :i REFERRAL LIST NAME: Kenneth L. Hauff and Karen Nelson CASE NUMBER: RE-1629 REFERRALS SENT: June 13, 1994 REFERRALS TO BE RECEIVED BY: June 27, 1994 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 Department of Transportation ____Hudson Historical Society Johnstown _ Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont Berthoud F-2 Mead _ Briggsdale F-24 Milliken Brighton F-3 ____New Raymer Eaton F-4 Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Pierce Hudson F-7 ____Platteville _Johnstown F-8 _Severance La Salle F-9 Thornton Mountain View F-10 v/ X Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 ____Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers Windsor/Severance 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 940643 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES e 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 13, 1994 Kenneth L. Hauff. Karen Nelson 36648 Weld County Road 15 Windsor, CO 80550-2508 Subject: Recorded Exemption 1629. Dear Mr. Hauff and Ms. Nelson: Your recorded exemption application will be processed on or before July 13, 1994. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, 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 Town of Windsor Planning Commission for its review and comments. It is recommended that you and/or, a representative be in attendance at the Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Janet Carpenter, at 686-7476, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. S iincererr lly, Todd A. Hodges Current Planner 9e-0643 DEPARTMENT OF PLANNING SERVICES Wilge PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 EY, N. ORAO AVENUE GREELEY, COLORADO80631 COLORADO July 8, 1994 Kenneth Hauff and Karen Nelson 36648 Weld County Road 15 Windsor, CO 80550-2508 Subject: RE-1629 - Request for a Recorded Exemption on a parcel of land described as Lot B of RE-918, being in part of the W2 SW4 of Section 32, T7N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Hauff and Ms. Nelson: I have scheduled a meeting with the Board of County Commissioners on Monday, July 11, 1994, 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. Reepectf ly, Todd A. Hodges Current Planner 94:6x43 Hello