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•DEPARTMENT OF PLANNING SERVIC (Fr "Kful/e' '�
RECORDED EXEMPTION I 740 01
• ADMINISTRATIVE REVIEW
Applicant: Sun and Soil, Inc. Case No: RE-1388
Legal Description: N2 of Section 31, T5N, R64W of the 6th P.M. , Weld
County, Colorado.
Larger Lot Size: 315 acres, Smaller Lot Size: 5 acres,
more or less more of less
Criteria Check List
Meets Criteria
Yes No
X 1. Consistent with the intent of the zone district.
X 2. Compatible with the existing surrounding land uses.
X 3. Compatible with the future development of the
surrounding area.
X 4. Complies with Overlay District Regulations.
X 5. Complies with minimum lot size requirement.
X 6. Complies with the Weld County Comprehensive Plan.
X 7 . Consistent with efficient and orderly development.
X 8. Lots accessible from an existing public road.
X 9. Adequate water supply.
X 10. Adequate sewage disposal in compliance with
requirements of the Weld County Health Department.
X 11. Lots are not part of a recorded exemption approved
within less than five (5) years previous, are not part
of a subdivision, or are not part of a Minor
Subdivision.
X 12. Does not evade the Weld County Subdivision Regulations
requirements and Statement of Purposes.
APPROVED WITH CONDITIONS
The Department of Planning Services has determined through the review that
the standards of Section 9-2 E. (1) (a) through (m) of the Weld County
Subdivision Regulations have been met. This Recorded Exemption is approved
with the following conditions in accordance with information submitted in
the application and the policies of the County.
A Weld County septic permit is required for the proposed home and its
septic system shall be installed according to the Weld County Individual
Sewage Disposal System (ISDS) regulations.
The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be prepared in accordance with the requirements
of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat
shall be submitted within sixty (60) days from the date of approval by the
Department of Planning Services. The applicant shall be responsible for
paying the recording fees.
By di (.,i/b� Date 4/ '7 d
a
Current Planner
CU1151
(Csffi ;-c;
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
IGREELEY,COLORADO 80631 pe.COLORADO
January 3 , 1992
Sun and Soil, Inc. , c/o William Boulter
101 North Division Street
Platteville, CO 80651
Subject: Recorded Exemption #1388
Dear Mr. Boulter:
Your recorded exemption application is complete and in order and will be processed
on or before January 23, 1992 . If it is determined that the application meets the
approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County
Subdivision Regulations, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval
criteria, you will be notified and asked to appear before the Board of County
Commissioners at a public hearing. You will be informed of the hearing date prior
to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town
or municipality lying within three miles of the property in question or if the
property under consideration is located within the comprehensive planning area of a
town or municipality. Therefore, our office has forwarded a copy of the submitted
materials to the Town of Kersey Planning Commission for its review and comments .
Please call Marlene Holcomb, at 3`_ -l681 , for further details regarding the date ,
tune , and place of this neetinf. . _ ' 3 mecommmnded that you and/or a representative
be in attendance at the Kersey .7'1_,:nivm . o:nm s%ion meeting o ans-4er - ny questions
the Commission members may ha—e . _-.- respecm to your application_
If you have any questions concer:air._ this manner, please feel free to call me .
Respectfully,
Brian A. Grubb
Current Planner
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FIELD CHECK
FILING NUMBER: RE-1388 DATE OF INSPECTION: January 9, 1992
APPLICANT'S NAME: Sun and Soil, Inc.
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: The N2 of Section 31, T5N, R64W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 2 miles southwest of Kersey; east of Weld County Road
49, and south of Weld County Road 52.
LAND USE: N Turkey farm and residence.
E Irrigated agricultural production.
S Irrigated agricultural production.
W Irrigated agricultural production.
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
There are no improvements on the property. The parcel to be split off is a
corner not covered by the center-pivot sprinkler. Access is existing to both
parcels.
Current Planner
ADMINISTRATIVE REVIEW FLOW SHEET
I CASE ll g5- -/305J APPLICANT: rJ I !PAC-.
REQUEST: 126cpfzcEr, G-XeMppu1
LEGAL: N2 3I - 5— Co4-
Dppizoxir1Mt tt.4 ' E.t 5oL4114war or K >eYj
LOCATION: gyp&' of Werpz 49 A:JD soafg of t-Jci 52
Data By
Application received /ZR/ /9/
Application complete /Z/ '/g/
eAei
Letter to applicant drafted
1�L�a2 fi3AG�
Referrals listed
File assembled
/-3 eoae-.
Letter to applicant mailed
Referrals mail ed q0,--
Chz deed /_3 nf�
DPS recommendation drafted ;Li ("¢/ua- E-11
Administrative Review decision: 2y 7 An7'^r<4stm
History card completed f
COMMISSIONERS' HEARING DATE:
Date By
Air photo and maps prepared
Field check by DPS staff
/Rig Z
eitarl
CC Action:
CC resolution received
History card completed
Recorded on maps and/or filed G c{
gkil
62f DEC 3 11991
APPLICATION FOR RECORDED EXEMPTION O
PHONE: 356-4000, Ext. 4400 �[[� �•�w'
Department of Planning Services, 915 10th Street, Greeley, -Coror' Yf '8089q0
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE (.00 °
CASE N0.a RECORDING FEE 11
ZONING DISTRICT RECEIPT NO. 'ift?)3 j 7
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: ts12. rip¢
3:
TOTAL ACREAGE:
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes _ No X
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes_ 5( No
FEE OWNERS OF PROPERTY:
Name: Cgc- % 2 �Lc'cC_ ice' �7
Address: no/ 7/. _I_ GG.sce.sc /�!�LLF�Y(X�'LCD. 8'ckai Phone: 78 s"- _-slo
p3 ac' r4( 1€2(!... 4-q- A"ck. -koP�e
Name:
Address Phone: 79s= o- s-r,
Name: /o / ?7• .� c c ,t__ 1 6 a d4 �.C.'4
Address: Phone:
ea./nee-re- lesigeac.of
WATER SOURCE: Larger Parcel e26.221 G2s& Smaller Parcel 4! is a. U u"tae
TYPE OF SEWER: Larger Parcel 74..-rtc. Smaller Parcel___ / ,"c
PROPOSED USE: Larger Parcel eesceCsgz__ Smaller Parcel ��Lccu�"'s4.c-c/
ACREAGE: Larger Parcel 3 /s- Smaller Parcel
EXISTING DWELLINGS: (Yes or No) zL-ta7,.c.. (Yes or No) "yW
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 ) /��/ � �`L�
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this 31 day of �_`�im , 19(( / .
(SELL)
T
Notary 4'ublic
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✓✓����'✓ C2.�cf ICR Zf- -0� ',rte.,
• REFERRAL LIST •
NAME: Sun and Soil, Inc. CASE NUMBER: RE-1388
REFERRALS SENT: January 3, 1992 REFERRALS TO BE RECEIVED BY: January 17, 1992
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department _Brighton
_Extension Service Broomfield
_Emergency Management Office _Dacono
_Sheriff's Office _Eaton
_Engineering Erie
_Housing Authority _Evans
_Airport Authority _Firestone
_Building Inspection _Fort Lupton
_Frederick
STATE Garden City
X Division of Water Resources Gilcrest
_Geological Survey _Greeley
_Department of Health _Grover
Highway Department Hudson
_Historical Society _Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission N X Kersey
La Salle
FIRE DISTRICTS _Lochbuie
_Ault F-1 _Longmont
Berthoud F-2 _Mead
_Brighton F-3 _Milliken
Eaton F-4 _New Raymer
_Fort Lupton F-5 _Northglenn
Galeton F-6 _Nunn
_Hudson F-7 _Platteville
_Johnstown F-8 Severance
La Salle F-9 Thornton
Mountain View F-10 _Windsor
_Milliken F-11
_Nunn F-12 COUNTIES
_Pawnee F-22 Adams
Platteville F-13 _Boulder
_Platte Valley F-14 _Larimer
Poudre Valley F-15
Raymer F-23 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
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
• 4
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000.EXT.4400
• •
91510th STREET
VIIDe. GREELEY,COLORADO 80631
JAN 17 1992
COLORADO Weld County Planning
January 3, 1992 CASE NUMBER: RE-1388
TO WHOM IT MAY CONCERN:
Enclosed is an application from Sun and Soil, Inc. , for a Recorded Exemption.
The parcel of land is described as the N2 of Section 31, T5N, R64W of the 6th
P.M. , Weld County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 2 miles southwest of Kersey; east
of Weld County Road 49 , and south of Weld County Road 52 .
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 January
17 , 1992, so that we may give full consideration to your recommendation. Please
call Brian A. Grubb, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons .
2 . We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons :
3 . x We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
if
/�
Signed: ItLp eter- �kr`C.Sac Agency: to >c—c /1-Lc
71
Date: 5/72,}
6f II_c mEmORAnDU
t WIIVC To W&ld County Planning Date January 8, 1992
COLORADO From n C 4
Euvlrumueii l.al PLoteLLiuu Sei viLea l' �J
Subject:
Environmental Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1. Weld County Septic Permit is required for the proposed home septic system
and shall be installed according to the Weld County Individual Sewage
Disposal Regulations.
JS/lf-17
\.
r.& a 1932
Wed County PIr.nirn
ac+
7010
ROY ROMER ye 9p., JERIS A. DANIELSON
Governor State Engineer
*/8764, '
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818 �II ^
Denver, Colorado 80203 1:1/2/ 5jVJ)l
(303) 866-3581 .�r
FAX[3031866-3589 ji JAN 2 ` 1992
January 22, 1992
Mr. Brian R. Grubb TA►e!d Cecrh/t�lans3^sa
Weld County Department of Planning Services
910 10Th Street
Greeley, CO 80631
Re: Sun and Soil Recorded Exemption, RE-1388
NE1/4 Sec. 31, TSN, R64W, 6TH PM
W. Division 1, W. District 1
Dear Mr. Grubb:
We have reviewed the above referenced application to split a 5 acre lot from a 320 acre
parcel. The water supply is to be from individual on lot wells. Submittal information indicates that
this parcel has not been subdivided since August, 1972. Therefore we could issue an inhouse use
permit for the 5 acre parcel. The inhouse permit will limit well use for household purposes inside
one single family dwelling and the watering of domestic animals only. No outside use for irrigation
of lawn or garden will be permitted. Plat notes should reflect these limitations on well use.
As an alternative, prior to the County approving the proposed split, the applicant could
apply for and obtain a domestic well permit, for a delineated 35 acre tract, of the 320 acres which
35 acre tract must include the proposed 5 acre lot. No additional well permits will be available for
this 35 tract. The domestic well permit will allow for ordinary household purposed inside one
single family dwelling,fire protection, the watering of domestic animals and irrigation of up to one
acre of garden or lawn. A domestic permit will be available for the larger lot, the same as for any
lot of 35 acres or more. We have no objection to the proposal and recommend approval.
If you have any questions in this matter, please contact me.
Sincerely,
John Schurer, P.E.
Senior Water Resource Engineer
JS/sun
cc: Alan Berryman, Division Engineer
Bruce DeBrine
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WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The STEWART TITLE INSURANCE or ABSTRACT COMPANY
4 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:
N1/2 of Section 31, Township 5 North, Range 64 West of the 6th P .M. ,
County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state) :
• Reception No. 1636191 , Book 714
• Reception No. 1656756 , Book 735
• Reception No. 1669091 , Book 747
• Reception No. 1824598 , Book 903
• Reception No. 1824599 , Book _903
• Reception No. _2043101 , Book 3 103
• Reception No. 2043461 , Book 1103
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
_STEWART TTTT,E COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, STEWART TITLE COMPANY
has caused this certificate to be signed by its proper officer this 26th day
of December , A.D. , 19 91 . at 7 : 45 A.M. o'clock.
STEWART TITLE
COMPANY
By: �;Fw,�e itat-t\
AUTHORIZED I ATURE
• •
Bars ION
armdr r r re ' . 4 Rai NIA at
',eh A a Sande ' _. -
.
L• • -
116 Dsi.te Ibis Si Ist • day d t,e7 ,It 94.
.. jwine •IMM C. AMMO
itta city and Only et toner sad et • ,
Q OisedtedS ibstpsa%aad 'auto O. AOFARD as Trusts. -
e't et Wm ti111tm C. AMkksrd Trot Agnuaeat under date
eiN we Movumbsr 6, 10th.
set city and Obwar d Mawr sad was of
ri
sou O-- pd We man part,
•, mwnlIMMEM.That the rid party of the tint past,for and in aaddratim of then of •
ea, Other valuable Considerations end Ten and N0/100 DOLLARS,
•o to Mr and peaty of the flot part a head veld by the geld party of the rend part, the readpt whereof
`0 Ia Moab eaMeed ad admowleded,ha • reaahn& nlesaed, sold, an lid and QUIT CLAIMED, lied by
• o fide peeama Osdies remi,mere,sail,any and QUIT CLAIM unto the said part 7 a' he seeond part,
o ? his Mho.-weresee and orbs,fern,al the right. title, Interest, ells and dean which the said
YR mew d the rid pmt to • In a sad the following dr or eribed lotpeed d land dnaa, lying end
' leg la tan conyof Weld and State of Colorado,to wit: 1
All of Seetian Thirty-one (31) Township nye (5) North, Rang.
Sixty-four (64) West of the Sixth Principal Meridian;it Q Together with Pour (4) shares of the capital stook of the , ,
a Farmers Reservoir and Irrigation Co. .
a .
an
TO HAVE;AKD TO HOLD the some,together with all and singular the appurtenances end privileges Orreato
bdongag or ,.anywise nano appertaining.and all the estate right,did.Intend and claim whatsoever.of the
said pan 7 of the in part,either L Le or equity. to the only proper use,bandit and behoof of the said
party .6 the second part, hie heirs and assigns forever.
IN WITNESS WHEREOF.The said part 7 of the first part has harem is hand '
and ssa the day and year first above wcitten� on t: Aoka
.z
Signd.Seald and Delivered in the premium of
[SEAL] .
[SEAL]
[SEAL]
STATE OF COLORADO. '
J"
city endemic?of Denver
The foregoing Instrument was acknowledged before me this 1st day of Nay
sop 74,bye WILLIAM C. ACKAAD
My commission erplrea Out-:bee 10 , DI 74.Witness my hand and official eel.
J � ' rob ..: s er neon Palk
oo+•
iy w 4" �._ Ili
® -Or ..�,' aelmm •yt et�ee�
or i lm N mfw.e w weaNee,Pe •=of
•
•
e
A•
• j' Jk g 1975
r' IDOOK
735 Aeew�Md et 1JL.-.. e'clah
1156.756
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, made and entered into in duplicate this /c9)`4'
day of March, 1975, by and between:
P
WILLIAM BOULTER and FRANK L. BOULTER,
47)
Trustees of the Frank Boulter Trust, and
D. BUD CLEMONS, as tenants in common
u\ hereinafter referred to as "purchasers"
AND
•
WILLIAM C. ACKARD, Trustee, of the William C.
r Ackard Trust under Trust Agreement dated, Novem-
e' ber 5, 1973, hereinafter referred to as "seller"
471WITNESSETH :
•
That for and in the consideration of the sum of Ninety-six Thousand
Dollars ($96,000.00), the seller agrees to sell and the purchasers agree to
purchasethe following described real property located in the County of Weld,
a State of Colorado, to-wit:
• The North Half (N 1/2) of Sectio❑ Thirty-One
(31), Township Five (5) North, Range Sixty-
Four (64) West of the 6th P.M .
Subject to Union Pacific Railroad Company
reservation contained in Deed recorded in Book
233, Page 281, Weld County Records, easements
and right-of-way of record, oil and gas leases
of record, and the 1975 real property taxes.
• tom*
Together with all mineral interests now owned
•• by seller and landlord's share of growing crops .
That in consideration of the agreement of sale of said premises,
the purchasers agree o pay the sum of Ninety-six Thousand Dollars ($96,000.00)
in the following time and manner, to-wit:
I. The sum of Twenty-Five Thousand ($25 ,000.00) shall be paid
simultaneous with the execution of this agreement, the receipt and sufficiency
of which is hereby acknowledged and confessed by seller.
2 . The balance of the purchase price in the sum of Seventy--One
Thousand Dollars ($71,000.00), together with interest thereon at the rate of
five percent per annum shall be paid as follows:
•
The principal shall be paid in five equal instalinents in the
sum of Five Thousand Dollars !35 ,000.00) , each, commenc-
ing on April 10, 1973 and continuin.l on the tenth day of each
April thereafter to and including April 10, 1980 with a final
installment of principal in the sum of $46 ,000.00 payable on
March 7, 1981; interest shall be payable en the tenth day of
each April comma: -ing April 10, 1976 with a final installment
of interest of March 7, 1981.
3. The purchasers reserve the right to prt-pay principal in
the sum of $24 ,000.00 during the calendar , oars 1976 and 1977
or in the alternative the right to pre-pay principal and accrued
interest in full during the calendar year 1978, without penalty,
or thereafter.
• •
BOOK 1656'756 ' 4
735•
l ;
IN CONSIDERATION OF THE AGREEMENT OF SALE AND PURCHASE
AND OThER AGREEMENTS AND COVENANTS HEREIN CONTAINED THE PARTIES
HERETO UNDERSTAND AND AGREE AS FOLLOWS:
A. it is understood and agreed that the real property covered by
i . this Agreement for Sale and Purchase of Real Property is encumbered by a
Deed of Trust securing a promissory note to the Winograd Co. , a Colorado
co.).Jration, in the principal sum of $66,800.00, said Deed of Trust being
• recorded under Reception No. 1584689 , Weld County Records. The seller •
covenants and agrees that seller shall pay the promissory note described in • •
this paragraph according to its terms and tenor, and agrees to provide pur-
chasers with satisfactory evidence of payment on each annual payment date.
In the event that seller falls to pay said promissory note as required therein,
the purchasers shall have the right to make payments directly to the Winograd
Co. and treat the same as partial satisfaction of the payment oLligations re-
quired in this Agreement. Further, ,ue purchasers shall hay:. the right to do
all things necessary, including payment in full of the Wino'ri,i note, te, pro-
tect r�
purchasers equity interest and to prevent forecl-sure of the Deed of Trust
held by the Winograd Co. Further, seller covenants and agrees that the prin-
cipal obligations on the promissory note payable to the Winograd Co. shall
at no time exceed the principal obligations bf purchasers to seller under the
terms of this Agreement anu in the event of pre-payment as permitted in this
Agreement, seller agrees to apply such amounts of the pre-payment necessary .•
to the Winograd note to assure that the principal balance obligation on the
Winograd note does not exceed the principal balance obligation of purchasers
to seller, herein.
B. Possession of said premises shall be surrendered and delivered ft/ •
to purchasers simultaneous with the execution of this Agreement, subject to
leasehold interest of W. S . Fisher.C• .
C. The parties hereto agree to survey the property sold by seller
to purchasers , herein, and to share equally the survey expense.
D. The seller agrees to pay the 1374 real property taxes and pur-
chasers agree to pay all subsequent years' taxes.
E. Purchasers covenant and agree in due season to pay all taxes ,
water rents and assessments that may legally be levied or imposed upon said
property, and to keep all buildings that may be at any time during the continuance
of this Agreement on said premises, in good repair, and insured for such sum
or sums as required by seller, but in no event to exceed the amount of the indebted •
-
ness hereof. Said policies shall be in the name of the parties hereto as their
respective interests may appear. In the case of refusal or neglect of purchasers �p
thus to insure said buildings , or to keep them in repair, or to pay such taxes,
• water rents or assessments , the seller may procure such insurance , make suchkr-
��•
repairs, or pay such taxes, water rents or assessments, and ha' all moneys
thus paid, with interest thereon at the rate of ten percent (10%) rer annum. The
same shall also become additional indebtednr -c hereunder to be paid before
purchasers shall be entitled to a Warranty De i hereunder.
F. The purncasers agree and do by th 'se presence grant to seller
a 12 foot right-or-way for the installation of an irrigation pipeline along the
North-South quarter line, th same being 6 feet on each sidc of said line and lit'
further, purchasers agree to sweets' such instruments that may be necessary
for th: conveyance of said right-of-Way, provi-Ld , hawser, any perment
installation sirai: be buried h-+law grow-. l .
G. -. .iller hereby grants to purchasers the first right an(' option
to purchase the Soetf ;1f of Section 31, Township 5 North, Range 64 West
of the 6th P.M . , We. aunty, Colorado, upon the sarn,,. and idon-'.:al terms
and conditions as that which may be offered by any third party to seller.
4K
• •
. 4
1.
_—spy ): ,
•
e 1� i_�/t;i. �. r .. •
_ _
SOCK
73.5
1656'756
ti J
In the event of an offer to purchase by a third party to sells, seller shall
notify purchasers of the same by written notice. Thereafter, for a period of y
60 days , purchasers shall have the right to accept the terms and conditions _
•
of purchase and purchase said premises upon such terms and conditions.
H. That the seller stall have good and merchantable title, and
convey the same to purchasers by good and sufficient Wan-anty Deed upon
the payment of the indebtedness provided herein and the performarce of the
/•, covenants herein contained.
I. Simultaneous with the execution of this Agreement, seUar ;,
shall execute a Warranty Deed in favor of purchasers and purchasers shall
execute a Qt•tit Claim Deed to said property in favor of seller. Said deeds of
conveyance shall be deposited, together with a copy of this Agreement, with
Greeley National Bank of Greeley, Colorado _
as Escrow Agent and delivery of said instruments as hereinafter specified.
Upon satisfactory proof to the Escrcw Agent that all terms and conditions of
this Agreement have been complied with and satisfied according to the terms •
hereof, the Escrow Agent is instructed to deliver the above-described Warranty •
Deed to Purchasers for recording upon the public records of Weld County, 1
Colorado. Simultaneous with delivery of said Warranty Deed, the Escrow Agent
is instructed to destroy the above-described Quit Claim Deed. In the event
that the Escrow Agent is satisfied and furnished adequate 'q proof that purchasers
are in default in the payment of the installments required hereunder, or other-
wise breached the terms of the Agreement and that the seller has complied with *;
all of the conditions preced'_..t to possession as provided hereinafter or have
initiated a foreclosure proceeding and the period of redemption has expired, -
•
the Escrow Agent is authorized is deliver to seller all papers and documents in
its possession which pertain to this Agreement. •
J. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that time
is the essence of this Agreement in every part hereof and that all terms, condi- • ;
tions , covenants and agreements herein provided shall be performed by Pur •
-
chasers and the same are conditions precedent to the rights of purchasers to
purchase said premises and obtain a Warranty Deed therefor. In the event Fur- -
chasers shall make default of any terns , conditions, covenants or agreements
herein provided to be kept or performed by them, the whole amount of the unreild F!1
principal and interest thereon shall at the option of seller become due and o iy-
able forthwith, and the sellers shall have the right to cancel and terminate '_his .
Agreement and forfeit all right, title and interest of the purchasers by giving to
said purchasers one hundred twenty (120) days notice in ,..._citing of the cancella-
tion of this Agreement- that said one hundred twenty (120) days is a reasonable
and sufficient notice; and that only notice of cancellation required hereunder
shall be notice by registered mail to the address of the purchasers her_ inafter
set forth; that if all covenants and payments herein provided should not have t`x
been performed within the one handree twenty (120) days from the rnailiae of
said registered notice, all interest a the purchocers shall be forfeitee and ae-
seller shall ire fully reinvested with complete and full title to said premises a.
her>inabove described and ail imprevsr a..ts placed thereon. I.
AND IT IS FURTHER M rl i LIN U I)I,ihyl'co0 AND AC RUED that
notice -)rovided under this Agreor:t t _Jill .s ,'. - ;ufficirrt if nailed regis- - •
tered mail to purchasers at
r •
Al +i
�.__3. I I ,
. 1 0OOIc 1656956735 . 7
IN WITNESS WI+TREOI', the parties hereunto have set t,ieir hands
and seals the year and day first above written.
PURCHASERS: /447/7,489.2F'/ e•`e.: .
•
William Boulter, Trustee
l
Frank L. Boulter, Trustee
. y
Lh
D. Bud le ons
(-171 , vi I
SELLER: 74171/9
� �/�L� L __
William C. Ackard
Accepted by Escrow Agent:
• I
I
� r •
. I
1i
I
ta A
NIA C O ,ll.�y em 4 107c QGo eti.. "\
Nt I7� RwNMs IN. 1411111031 l lfiSten lR_., t«wMr.
I el* Pak yet deb d M 4th d August late
year d ear Lord am*mama dm Modred and seventy-f1Meals
' D. BUD CLEMONS
o•
el to rs d t pasty a , and State of Colo * e Ent plat, and I
r o. WILLIlM BOULTER and FRANY L. BOULTER, Trustees •
o` of the Frank Boulter Trust dated January 10, 1972
oft Cody d , and Seta d Cah..s* of the ewes pat,
.••r WRNE peat d t
SSI TH, at the said Part Y e lint part, for and is e asideadm of the me d •
Other valuable consideration and TEN AND NO/100 DOLLARS,
• to the aid party of the first part ia has paid b the aid part ies of the second pert,the remit*whereof Y •
n hereby magma end acknowledged,has granted, bargained, sold and .... .eyed,as by these Pine does
n rsae n4, ea, coney aad coating eto the aid putties des second part,theirbehd s a smelts, m 0 denner,tithe kibwkg described let or parcel abed, situate, lying and being in the County of Weld o
o
Colored*town:
0 0
0
The North Half (Nis) of Section Thirty—one (31) ,
ie
, 19m Township Five (5) North, Range Sixty-four (6d,)
West of the 6th P.M. , together with 7.07 shares m
yof the capital stock of The Farmers Reservoir and 1
Irrigation Company "6r4
Dote
` ► Ste, Doctmsfoiy Fee
Date. SEF 8 1975
` s .3,Sz...
TOGETHER with all and ingest the hereditament' and appurta antes thereunto beloagfeg, or m
any-
. wide appertaining, and the reversion and reversions, remainder and remain,.mi, rents, issw and profits thereof: and
all the estate, right, title, interest, claim and demand whatsoever of the said party of the that Vert either in law
or guity, o4 in and to the above bargained premises, with the hereditameues and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, writ, appurtenances, unto
the aid parties of the sec,la; part, the ills. and assigns forever. And the said party of the first
pert, for his heirs, esseoesrs and administrators, does careaant, net, bargain and agree
to aad with the mild parties a the second par, their helm tad assigns, that at the time of the a -
.. sWkg sad delivery of these peaces he is well .eked of the prem:•e above conveys,as Of god,atwe,Pa-
feet,absolute as indefeasible estate of inheritance,is law, Is fee shale, -um his good right,fell power and lawful
authority to gran,harps*ms and convey the same in manner and form aforesaid, and that the vane are tree
and clear from all loose and other greats, bargains, ales, liens, taxes,aamemeats and inceahranees of whatever
kind o stare weer subject to the 1974 taxes payable in 1975, reservation of minterals; reservation of oil, coal and other mineral by rior
fowners; subject to :teed of trust to the Pub is stee of W County
or the Winccgrad Co. recordedd Marc 1111 TT ll Y
fY��8g8�9 $red to the to s }red pr.visions90 ih Book
, 66 uncy r
geatkillrae 4rin1ltracaTh iCssaiigig d=SR�Nrnt 44 . eepe{aent9 i; •
belts and assigns, against all and every person or persons lawfully claiming or to claim thc whole or any part
thereof, the said part of tut first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHERECF, The said part of thc first part ha hereunto set hand and
seal the lay and year first above written.
2
Signed,Sealed and Delivered in the Presence of _ CI— �l�w.-''M-+'_
- ,.,... BudClemons-
—
-- -------- .... .._._(SEAL)
o Y =Pp/
._:,.•y ._ __._.. _._. ._(SEAL)
'Its ce.
STO HIICCOLORADO,
Jt' iya,.w IC'
Isn me foregoing instrument was acknoV,ladged before me this . Q,1'N,_day of
a. ......
`rIIT.'^ a1 --August — �Ufi._CleMnlltl.
`f ((tun (4.
Wlhma.ais,ilad and Official -
• Y .
Hy Ceaainis M*n 71V-eedd"1 -/E....77 -__Jr7 � 1Pa1Ye Notary W 2 . jj
r rds�Rlar. 1 , 1975in book 735 under Recep, #1656756 Weld 'Count
Records, the obligations or which the Grantees assume anti .reeve .a Y
net neon
•
J ► BOOK ReewdN es p?C7 12 J 0o
903 Resew.Ns_— . - --` —Reneew. Apia° Weld COwti Calmat
WILLIAM C. ACKARD, Trustee, of the William C.
Ackard Trust under Trust Agreement dated, November
5, 1973
P
I whose address is Denver i-S-laes Doalfoent:ty Nee '
o. Comb of Denver ,State of I Dar...MAY 1 2 1I i
• Colorado , for the consideration of other S" y In •
consideration and ten and 00/100
dollars,in hand paid,hereby sell(s) and cony y(s) to
• D. BUD CLEMONS — •
• whose address is c: 07`ePiC aol'•Greeley (l azi. County of •
in a-
IA Weld , and State of Colorado the following real property in tho
o County of Weld ,and Stets of Colorado,to wit: -
F3 An undivided one-half interest in and to:
aJ
CV
.--I The North Half (N 1/2) of Section Thirty-One (31), Township ,v.,
s Five (5) North, Range Sixty-Four (64) West of the 6th P.M. I >-
C ,
krI
O
with all its appurtenances,and warrant(s) the title to the sane, subject to Union Pacific
Railroad Company reservation contained in Dead recorded in Book 233, Page !!,
291, Weld County Records, easements and right-of-way of record, oil and .
gas leases or record, and the 1975 real property taxes. 1
) I
Sinned this I IJ1 day of 18 7 �!
C W .liar Acka ' �, ,/CxA� !
STATE OF COLORADO,,� p ! —
County of ,,,,d249
tki
The foregoing instrument was acknowledged before me this i 8 .. .day of March , 1975 .by William C. Ack.arr_' '
s0 a , ,
'
My commission expires
Witness my hand and official seal. 7°1104t)
! 04 )! ? . YV-1S2?.1 ; -
0 I ' ',v "' F,
Nosy AJlli -
aMIW�_I�YwlO lot—If by tY°or or persons
anon o inserts asiw or tams.
.ISA-M w Wry W�-
e deer ter a4°wee ur ewn r,s of.w oroo:.o. urc,ar.as ue Piet or other at•w eor
N.at ws•D—• an Inbs1154-LL C11 INS—brWfm4 WrYAfvC,-, InF,e Stout Street,Denver.Cubnm—u-7,
• •
01
{� /� 1f1�f t
U • - BOOK Lamm at o7 — . .,• ^^Y 1 d U01J .J
di 90$ t.apu.•N°-----1824699-- a dal.". a'.
WILLIAM C. ACKARD, Trustee, of the William C.
Ackard Trust under Trust Agre :ment dated, November
i 5, 1973
Cr-
i whose sakes is Denver Slate patty Pa t
rn ,State of Date MAY 121980'� 10 1 I
County a1 Denver i
•
Colorado . for the considerat on of other $ y I •
dollars,hi hand v iond ten sell a d^•Bwn I
•
WILLIAM BOULTER and FRAF .: L. BOULTER, Trustees I •
of the Frank Boulter Trust,
• whose address (s o104.9/ 14)-42-e/'d. .�,f '�/4S�•-Q.C.e' -f�.c. Co® of a In
b
"' Weld , and State of Colorado the following real p
roparty in the
County of Weld ci
n
and State of Colorado,to wit: I ;
An undivided one-half interest in and to:
N
-+ The North Half (N 1/2) of Section Thirty—One (31), Township /1 PI
s Five (5) North, Range Sixty-Four (64) West of the 6th P.M. 74
II
CD
with all its appurtenances,and warrant(e) the title to the same,subject to Union Pacific I
Railroad Company reservation contained in Deed recorded in Book 233, Page
281, Weld County Records, easements and right-of-way of record, oil and .1!I
1
gas leases or record, and the 1975 real property taxes. .I k
Signed this Qiki day of M rcJ� iers
i C. Ackard
I
' STATE! OF COLORADO, '
\. I County of U sti I . .
The foregoing instrument was acknowledged before me this 16U''
deg of March , 19 75 , by Willian :. 'r•:[irc'..
Mj cmnfsf.sfon empires ,:
itbw hry hod and official seal.- 'j�^�/},� I ' '
/�:-j • o
Notary PSI*
Ie y"toil Mss s panne M.ban nom.or o.mr:Y tl o�v:coating la myrrh g
Iriiiw t 00=b b % un YSR aaou it pr Y nsatar the b am l f( or atnr oapael
ja0r Oa bunt"m of rhos o[lbr�or aNrlewa u the bramble(w a!s otlWrabt ate! mf.
Nt WI. Ws e,r;t.ern—lim,11H-it c.:u ISO Bradford r,mr.hin.U. .11424.4e ft..ut Y�..t. _i r.io—n.v
4/
•
•
•
•
EK2�N3101 i 8 1102 RIC 02043101 02/14/14 14:24 13.00 1/001
,,, F 0571 NARY ANN FIUIRfTIIN CLIII & SWORDS* WELD CO, CO
(gilt Ckiltitfllettt
THIS DUD is a coMtrance Irma the odwndlaaNth csrvae0ads)re ether asvtelleal nomad below a
GRANTOR to Itte mdwrduaNE)or umRNMsl said below a GRANTEE al Oherer inures'the GRANTOR
may hat m the reel poverty desnRlad below
The GRANTOR hereby sells end pmt claims b ate GRANTEE don reel piety described below with all its
a0 'Nlenances
The specific tame of this deed we
Seas Idle mails)N peels einiodenixtne p..w Movers aps w Non Owl w ISM*
IIeI»waE note wwmh Pmem5 a Elnield ae A)
FRANK N00LTER TR0ST
Frank L Vaulter - Trustee IH111ae Realtor - Trustee
liresSe (Owe awes)won MOwwal.wmwllwlla w aemal woes,aeaMe Ian OF Olen neap..IE moored.)
Trek L bolter, William Salter, is baiter, IYry L Castor
red The Estate of Jahn Y Realtor
20491 Rood 144
LaSalle, Colorado (10645
Feria M Cs-Gassidp in aloe se ee a as roam at Is al be callwad to w a Inds we
tareswas Melon a—lwla»r w media ihmam maw,wadded alM
air Yew
Joint Tenancy with Right of Survivorship
Peas tea IE¢arde cow*and e
The North 1/2 of Section 31, Tewaship 5 North, Range 64 Nest
of the 6th ►.N., together with 7.07 shares of the capitol stock
of the Farmers Reservoir and Irrigation Cageny. All oil and
gas rights to be coneys. to the Cretin.
Naea.AeR.#tMlMai awe GRANTOR Sea MOW only awwan wM popely or 10 creasy eon Wee
13 pent et al the GRANTOR w ran M GOMMTHM r*w a M plooelly.wee
se'aprae Mwtaan I
C
2 E,etWeq Me Comae en w
O alprd aim ew Oweler.»wawew llamweee R
� f4C
/Me e a n Owns - >
'LY•JLJ` e - LLKL
Iweeo Gaya tali.'.•pwal_Mw rata Trash L Reciter, tee
ti i"ie 6eI Olwaw
a,
Anew
Owe
C ) M
a,MMMMpelww._L /aVaal
r Ma (rare•:' M g%
74411.& ifter and William Roulter, Trustees
land MA /7•2 � .•,�4) /�.A— .�.-
f f nee plea
T»Iq•pits madam eon at»elMaa Mae we IM ae M M
M'
I'awlle�»Mluw Gen1wI11wA Game M Caawaial.ew*FepwrMM»..—away orm Np.MlaaMr me pMaarlla Mlwwona.
00.0•w laM N w Mama of a pwMINI M Orin ».P.N 1.1••••••sin w OMe5IMI
WITNESS Illy awld me aline,Ma
tat aweMe aaa: eaee Naa
NM flan eras&Is /;
I eon in•On*,oeaadelose v�/i...JJly�1'
MIIa S NO On
Recorded.t 8 1103 REC 02043 61 02/19/86 13:68 63.00 1/001
F 1339 MARY ANN flUERSTEIN CLERR 6 RECORDER MELD CO, CO
Reception No.
A R2043461 _(L g14f,l__` or __J..C .)
THIS DEED is.con,.yenr of the reel rawly drnar below.Including arty eIIMwIw.e end oMr iligwlenenOlle(ale
property)from the Indlvwuelul.owporelbn(e).pe anesWps.Or eMrnwe(be)newt Mbwr GRANTOI teesaeeviel .11N or enhty(be)named below as GRANTEE.
The
I T GRANTOR
R hereby
1 b ea the seenrte comthe y el wryer,the a the as r GRANTEE ma GRANTOR wenn re MS tear mowermower papery ter Ir the yew sass stet Me GRANTEE ea peg Ml aft israar and
rlehtem.way.hown a neerd(Deny er/d raa.n6ab end eerOwn N)any rte- Sill*MatMrrYtlrrl 40 to p)
.m protective ooenale and raawtew..mean a Nealt Ind M)any eeaMlrl Stem Mbar wile'Whites Warmly
EarptIont
The Smells Tents el TWN Deed Ara
Graham. IOhe Sets)w pare of reeeee of ear stew•wnlmter 1e hieing w la beam lwemheiro Marypu beta,mane,two Weed N wee)
Frank L Soulter, William Soulter, Jars Soulter, Mary L Conner
and The Estate of John W boulter
Glawse own ewes,ow ee Went eel.eerfett a Sas:Shag ewer reed at awe Rant.o nweel
SUN 6 SOIL, INC.
2028 - 9th Street
Greeley, Colorado 80631
Fela M Ce.Oanwell*t (d man SO Is)Or Mae!Salle s us,se Is—_u_.j w W I Nls,s In Mama wane M ears in
wire loamy-at An a MO esfe weft In NMI In le @Ma teal
PaMlp DMw*Eelt Hama candy and:neap
The North 1/2 of Section 31, Township 5 North, Range 64 West
of the 6th P.M., together with 7.07 Shares of the capitol stock
of the Farmers Reservoir and Irrigation Company. All oil and
gas rights to be reserved and held by the Grantors.
Melody Adana
Caulderellem (Tr News a e floe eerl.4 r wen!Sop awrJ roe ere dn..w a welled wave Maann,sna•I
weaved e a aa.I any chi M wmrrya...sae.bed and wKenaYeW.l
RawwMM_'RsMbYMa: III ne Ono NUM lane Is rlewar ISIS In Mapweary w t amt.r Vela own.w ate OMNrdt
ew
> e nibbling mealt.11rall rein,eroenr.Wen aearne Id.aar I
}I[
g AraMenal direr*EsoaeEOM: (Mau*ands a net nag weaved as)Maw few not awns saw I
��I
g
Minuted by Ills Granny on It
r(,) sr .Pere Nr C.geea.t.aaar.sreereec Were..Ghee rr b- 1-.
2-1'
Now a aeaw owsaetwn•r.w.rwe Or raew.r Pra L Ssulter Oa,,,,
Fry
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COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 13131Oman SL, Denver, Colorado 80203 •
(303) 866-3581
857
WELL PERMIT NUMBER 163299
APPLICANT DIV. -.1 CNTY. 62 WD 1 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
COUNTY WELD
SUN & SOIL INC SW 1/4 NW 1/4 Section 11
101 N DIVISION ST Twp 5 N , Range 64 W 6thP.M.
PLATEVILLE, CO 80651
DISTANCES FROM SECTION LINES
303/785-2560 2450 Ft. from North Section Line
PERMIT TO CONSTRUCT A WELL 390 Ft. from _WP CI- Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the
SW 1/4 of the NW 1/4 of Sec. 31, Twp. 5N, Rng. 64W, 6th P.M., Weld County.
4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling,
fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of
not over one (1) acre of home gardens and lawns.
5) The total depth of the well shall not exceed 355 feet, which corresponds to the base of the Laramie-Fox Hills aquifer.
6) The maximum pumping rate shall not exceed 15 GPM.
7) The return flow from the use of the well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
3) This well shall be constructed not more than 200 feet from the location specified on this permit.
Note: To insure a maximum productive life of this well, perforated casing should be set through the entire
producing interval of the approved zone or aquifer indicated above. ` a WZybs—
ONNEB.'S COPY
APPROVED: z .
JWB ���/// %).12ekr�/
7 State Engineer (Acting) By
Receipt No. 0335514 DATE ISSUED MAR 2 5 1992. PIRA ION DATE MAR 2994
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