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DEPARTMENT OF PLANNING SERVICES 1?E - 1i I, /v'
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Margaret Anderson Estate Case No: RE-1410
Legal Description: The SE4 of Section 24, T6N, R65W of the 6th P.M. , Weld
County, Colorado.
Larger Lot Size: 157 acres, more or less Smaller Lot Size: 3 acres,
more or 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.
An ISDS evaluation by the Weld County Health Department on all existing
septic systems will be necessary prior to issuing the required septic
permits on the existing systems.
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. f j 1771
By �L_� � v Date -4'/7' / l7
Current Planner sss
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
111 ' GREELEY,COLORADO 80631
C.
COLORADO
April 2, 1992
Edward and Deborah Leners
4523 West 21st Street
Greeley, CO 80631
Subject: Recorded Exemption 1410.
Dear Mr. and Mrs. Leners:
Your recorded exemption application is complete and in order and will be processed
on or before April 30, 1992. If it is determined that the application meets the
approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County
Subdivision Regulations, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval
criteria, you will be notified and asked to appear before the Board of County
Commissioners at a public hearing. You will be informed of the hearing date prior
to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town
or municipality lying within three miles of the property in question or if the
property under consideration is located within the comprehensive planning area of a
town or municipality. Therefore, our office has forwarded a copy of the submitted
materials to the City of Greeley Planning Commission for its review and comments.
Please call Greg Fleebe, at 350-9782, for further details regarding the date, time,
and place of this meeting. It is recommended that you and/or a representative be in
attendance at the Greeley Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
Brian A. Grubb
Current Planner
BAG/sfr
pc: Payant Real Estate
Attention: Jack Snyder
P.O. Box 66
Eaton, CO 80615
• 17
SDEPARTMENT OF PLANNING SERVICES
PHONE(303)358-4000,EXT.4400
I 91510th STREET
GREELEY,COLORADO 80631
11C.
COLORADO
April 2, 1992 CASE NUMBER: RE-1410
TO WHOM IT MAY CONCERN:
Enclosed is an application from Margaret Anderson Estate for a Recorded
Exemption. The parcel of land is described as the SE4 of Section 24, T6N, R65W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of Weld County Road 66 and
west of Weld County Road 49.
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 April
16, 1992, so that we may give full consideration to your recommendation. Please
call Brian A. Grubb, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
Date:
•t ADMINISTRATIVE REVIEW FLOW SHEET
CASE if /'[}-/0
APPLICANT: fts 460c)eq354A <x-
REQUEST: F11c E(E'Mpr7oNJ
LEGAL: rsa. 4 4 '2 - � Co S I
LOCATION: ?JoFL-f4o OF I-I-FL 4040 Al l� or L.ICI2 ' 'T
Date By
Application received
Application complete
Letter to applicant drafted -3/3f
Referrals listed
File assembled / a-9-2- n/
Letter to applicant mailed 4-a-9a-
Referrals mailed 41-0)-L9-
I >al
Chaind ex ed
DPS recommendation drafted
Administrative Review decision: --/ VqZ pppY b 4- /13/q-7 1 13A611
History card completed r / i1
COMMISSIONERS' HEARING DATE: Date By
Air photo and maps prepared
Field check by DPS staff 4- /
•
9
CC Action:
CC resolution received
History card completed
Recorded on maps and/or filed — q _ �'
FIELD CHECK
FILING NUMBER: RE-1410 DATE OF INSPECTION: April 1, 1992
APPLICANT'S NAME: Margaret Anderson Estate
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the SE4 of Section 24, T6N, R65W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of Weld County Road 66 and west of Weld County Road 49.
LAND USE: N Irrigated agricultural production.
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:
The plat is not correct as shown. There is a railroad right-of-way that cuts off
the northwest corner of Lot B. There are two dwellings on lot A and no dwellings
on lot B. Both dwellings appear to be habitable. The dwelling to the north is
a small labor house. Access exists from Weld County Road 66 to both lots.
Current
P
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE 756 .( O
CASE NO. RE- 1410 RECORDING FEE
ZONING DISTRICT Aagl a.lt...t'J RECEIPT NO. psi ??
DATE 19,y ")„7i APPL. CHECKED BYE
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: SE4j Section 24, Township 6 North, Range 65 West of the 6th P.M.
Weld County, Colorado.
J t d VCSll\ ^
TOTAL ACREAGE: 160+- iI MAR 3 { 1992
Has this property been divided from or had divided fro4JI�l p p ty since
August 30, 1972? Yes No No d Entj an ng
Is this parcel of land under consideration the total contiguous land owned by the
applLcant? Yes X No
FEE OWNERS OF PROPERTY:
Name: Margaret S. Anderson Estate
Address: Swiss Grand Hotel , Suite 63, Seoul , Korea Phone: 011-822-356-5656
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel NWCW Smaller Parcel existing NWCW Tap
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel existing septic
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Tract
ACREAGE: Larger Parcel 157 +- Smaller Parcel 3+-
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: Owner or Authorized Agent
.3( re
Subscribed and sworn to before me this
� day of '' IQfO , 19L)T
(SEAL) / {� / �j�n ' Mrr /
I0_11� LLJ 1� /( 'L : l IL�(�1 ?
otary Public
My Co;mission Expires My Commissicn expires November6, 1994
March 31, 1992
Weld County Department of Planning
915 10th Street
Greeley, Colorado 80631
To Whom It May Concern,
We are requesting consideration of the enclosed application for
Recorded Exemption on our Weld County farm based on the following
information and enclosed application.
We wish to divide this parcel as we are currently purchasing this
property which included the buildings, improvements and land.
Since we will be building our own home we do not require these
additional improvements, we would like to sell them to another
party, thus necessitating the Recorded Exemption.
We feel that if this property was owner occupied, it could be kept
in a much better condition than if we were to use the property as
a rental .
We will be installing a center pivot on (LOT "B") which will leave
the corners one of which contains the existing improvements. LOT
"A" will contain approximately three acres. There would be a very
small amount of open land included in Parcel A as the buildings
take up a major portion of the acreage.
We believe that this proposal is consistent with the policies of
the Weld County Comprehensive plan, and also consistent with the
zoning district in which the property is located.
LOT "A" of this parcel will be used for a single family residence,
and the second home would likely be used by some relation of the
prospective purchaser. LOT "B" will continue to be used for
irrigated farming, both of which are compatible with existing
surrounding land uses except for the Northeast corner consisting of
6-7 acres where our new house will be built . This corner is
currently dryland and is not being farmed.
It is our understanding that our intended use will be compatible
with the future development of the surrounding area as permitted by
the existing zone and with future development as projected by the
comprehensive plan of the county.
We do not believe that our intended use of this property will be
inconsistent with efficient and orderly development .
r
Domestic water is being provided from the North Weld County Water
District, to LOT "A" . The included letter indicates that North
Weld County Water could be provided to LOT "B" as well .
To the best of our knowledge, this property is not located in a
flood plain or geologic hazard. The closest landing strip is
approximately 2-1/2 miles south and 1 mile west of the property.
We believe that the location of LOT "A" is in a good location
relative to LOT "B" . It allows easy access from WCR 66. This
location also allows LOT "B" to be irrigated in an efficient
manner. LOT "A" would be at the high end of the irrigation ditch,
there will be no water running into the yard as it will run in the
historical manner.
As there will be no changes made in land uses, we respectfully
request that we be granted approval on our request for Recorded
Exemption.
Sincerely,
C
Edward C. Leners
Debra A. Leners
REFERRAL LIST
NAME: Margaret Anderson Estate CASE NUMBER: RE-1410
REFERRALS SENT: April 2, 1992 REFERRALS TO BE RECEIVED BY: April 16, 1992
COUNTY TOWNS and CITIES
Attorney _Ault
X Health Department Brighton
_Extension Service Broomfield
Emergency Management Office _Dacono
_Sheriff' s Office Eaton
Engineering _Erie
_Housing Authority _Evans
Airport Authority _Firestone
Building Inspection _Fort Lupton
_Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey X Greeley
Department of Health _Grover
_Highway Department Hudson
Historical Society _Johnstown
Water Conservation Board _Keenesburg
Oil and Gas Conservation Commission Kersey
La Salle
FIRE DISTRICTS _Lochbuie
_Ault F-1 _Longmont
_Berthoud F-2 _Mead
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
‘111 mEmoRAnDum
WIIDCTo Weld County Planning Date April 6, 1992
COLORADO John S. Pickle, Director, Environmental Protection Service
From
Estate of: l�
Case Number: RE 1410 Name: Anderson, Margaret
Subject:
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
2. An I.S.D.S. Evaluation on all existing septic systems will be necessary
prior to issuing the required septic permits on the existing systems.
JSP/lam-E624
lAte-rt 117.11Pr
DEPARTMENT OF PLANNING SERVICES
D ,`'!'�y PHONE(303)356-4000,EXT.4400
ID
__ \�' 91510th STREET
APR 91992
GREELEY,COLORADO 80631
VI D C
O Ca Weli Ccc. i P1=1::
COLORADO
April 2, 1992 CASE NUMBER: RE-1410
TO WHOM IT MAY CONCERN:
Enclosed is an application from Margaret Anderson Estate for a Recorded
Exemption. The parcel of land is described as the SE4 of Section 24, T6N, R65W
of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is north of Weld County Road 66 and
west of Weld County Road 49.
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 April
16, 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 /ou/r Comprehensive Plan for the
fo lowing reasons . Xt s /c.Y.d ../sk4 if C; 4 (e Rave 4-9e.{.1
C5�y%047 Aeea u;i4 a Srorc cl...s;fy .c J.,Ts
/ 4/ t � r'oZo acts.
Palk" o/.d:/?1'.. So' ,4/./ 1R-o•U craw, c...*(..-Ita^ .c e%n. u t Y7544-
.L a.< 4r447a/ k.e. w'. ady4..K 5crk b..Lc rent el.....,41" W. la ,. C.n.pkcf...
2 . We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons :
3 . We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed:,/ ���� Agency: ��
Date: y 6 9/
SE4 of Section 24, Township 6 North, Range 65 West,
• of the 6th P.M. , Weld County, Colorado.
N
LOT "B"
157 +- acres
z
S
LOT "A"
3 +- acres
-a Id
WCR 66 Scale 1" = 660'
�xs s� nod access eack
1r-re ),> dAc'' bace'mg h\S
H 392 .r
•
z
3 Location Map:
LOT "B" Section 24, T 6 N, R 65 W
WCR 66 Scale 1" = 1760'
LOT "A"
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD
The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds the
following conveyances affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
The SEa of Section 24 , Township 6 North, Range 65 West of the
6th P.M. , County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state) :
Reception No. 1605519 , Book 684
Reception No. 1680237 `J , Book 758
Reception No. 1680238 , Book 758
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion of
Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE
INSURANCE COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY
has caused this certificate to be signed by its proper officer this 19th day
of March , A.D. , 19 92. at 7 : 00 o'clock.A.R.
TRANSAMERICA TITLE INSURANCE COMPANY
COMPANY
BY: C Ooctota
AUTHORIZED SIGNATURE
r600`748
C0307y9
----— _ _
'.
• _ _ ._ 4-_ "
a . . .�.. - - v,
a9/*.
r N�s`eawxF� .w.w w.>✓z.��W116 P.:.
'; _w'- • • Ilaes7eia Ml`t�JV V�i L _ a .•N-t y -
--.- I Gehlen 1". Hitler and]east.r, Millera—/ I -'-�# .
P
whceo address la Y . f �Derry rM r - 2
Route 1,Box�103, Greeley l�.pX{ - _
—�i n•iY.p�riC_ _ •
t ` Countyof Weld •Stet.of $ I ::mot
.-• Colorado •,for the consideration of other • -
- - u\ I good and valuable considerations a:H_ Ten -
.. II dollars'n hand paid.hereby seli(o$ and convey(s8 to r41 I w.
8. E. Etherton `'
whole address la 1841 Plneaest Lane, Greeley Comets of • 1
.and State a Colorado tM.following red property in the `i n
n
c' I County of Weld ,and Stets of Colorado,to wit: •I a ,',
— See schedule attached �s -
4
ii
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il
Ip
II lei..diet. ..uoereviaav e......akin..ax •
I "'s.a..iris 15th
II <- I day o! Jan lg 7I-�IfG4FL.,_ ' Y 4.
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STATE OF COLORADO, lc E. huller !._
—g i Gayety of `Mold
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< : j '•AaTocerinidnstrmnenl wu acknowledged before me this 15th •
- dr•S;C.�5iiprY. •1177 .h7 Gehlen i. Miller and le eels E. Miller I •
e i 4-4..o.
ilioket4pIres e7-/3-7.5"
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1605519
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o, _ Southeast Quarter (SE}) of Section Twenty-four (24), Township Six IS) North, 1 - I
-a Range Sixty-five (65) West of the 6th P.M., Weld County, Colorado, excepting µ._a - -
ft I s _ therefrom that certain parcel containing 10.76 acres, more or less, heretofore z a a
a - _ conveyed to the Union Pacific Railroad Company by deed dated February 20.
1909 and recorded February 25, 1909 in Book 292 at page 474 of the Weld County
• _. _ records, together with ell water, water rights, ditches end ditch rights, CV
i - • 7. reservoirs and reservoir rights appertainlny thereto or in any wise used in - - IIN
r. connection therewith, including 12 shares of the capital stock of The New n - - - - CD
• . Cache La Paidre Irrigating Company, 16 shores of the capital stock of The -- .)
Cache La Poudre Reservoir Company, 14 shares of the capital stock of The
• e - s• Union Lateral Irrigating Company, irrigation well located on the above described
t el preiuint., ...patina with yu.npin9 plant, motor and equipmant thereon, Co'
n — - with ail its appurtenances and warrant the title to the same, subject, however, N
1 re - to the following: - o
o (1) 1973 taxes due and payablo in 1974 and any tax, assessment, fees or
e - charges by reason of the inclusion of the cub; • ✓i
act r.,'r=::Y :n t..a a�`.«.."...-.'credo record as now existing onI
Water Conservancy District and the West Greeley Soil Conservation District: Kt
.., (2) Rights of way or other easements as granted or reserved by instruments of .I
.. - - said premises; (3) Any and all reservations, limitations.
- conditions and exceptions contained in instruments of record which in any way ti
relate to or burden the above described premises; (4) A reservation to the grantors
__---_ hereinabove described, in Joint tenancy, in and to all oil, gas and other minerals -
- and mineral rights in, upon and under the above described premises, together
- with the full and free right to enter upon said premises and use so much of the
surface thereof as may be reasonably necessary for operating, drilling end
I marketing the production hereof; (5) Outstanding pasture lease entered into
a
-- by the grantors as above described, as lessors, and lrm Duncan as lessee.
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168023 7
It."‘' N. I V 9Wr•.. kl 1"n152
�.= CRiGINAl1, 3- C. D. No. 52622-11 •
• QUITCLAIM DEED
m. THIS DEED, Made as of the Oicz day of
.r` la"wc • 1921, between UNION PACIFIC RAILROAD CON-
o PANY%a co ration duly organized, incorporated and existing 1
co under and y virtue of the laws of the State of Utah, Grantor,
,p and B. E. ETHERTON, of Greeley, Colorado, Grantee,
N
WITNESSETH, That the Grantor, for and in considera-
• tion of the sum of one thousand six hundred fourteen dollars
,- ($1,614.00) in hand paid, the receipt whereof is hereby con-
o fessed and acknowledged, does hereby REMISE, RELEASE and QUIT-
S, CLAIM to the Grantee, his heirs and assigns, forever, all its
o right, title and interest in and to the real estate situate
o in the County of Weld, State of Colorado, described in Exhibit
A, hereto attached.
a
This deed is made SU-JECT to the followings
kAll taxes and all assessments, or, if payable in
installments, all installments of assessments, levied
upon or assessed against the premises described in Ex-
hibit A which became or may become due and payable in
•
the year 1975 shall be prorated as of the date of this
deed between the Grantor and the Grantee, and the
Grantee assures and agrees to pay, or to reimburse
the Grantor for, if paid by it, all such taxes and
assessments and installments of assessments applicable
to the period subsequent to the date on this deed and
assumes all taxes and all assessments and all install-
ments of assessments which may become due and payable
after such year.
It is expressly understood that the subjacent support
of the premises described in said Exhibit A may have been im-
paired by pining operations heretofore carried on beneath tha
surface thereof, and the quitclaining of said premises is upon
• • the condition that the Grantor, its successors and assigns,
shall not be liable for damages resulting therefrom.
IN WITNESS WHEREOF, the Grantor has caused these
presents to be signed by its Vice President and attested by
its Assistant-secretary, and its corporate seal to be here-
unto affixedYthe.day and year first above written.
Attesll '4.,/ -• '` , UNION -CIFIC RAILROAD COMPANY,
eel) By
is rmwit ,iii 1$� Vice President
- rJ
S^!!r•� —"re' ... —.'"w"
.•'ter+.—r...r. I
•
•
758C. D. No, 52612.-24
beiU237
4.
•
•
• EXHIBIT A
•
A strip of land 200.0 feet wide situate in the SE} •
of Section 24, Township 6 North, Range 65 West of the Sixth
Principal Meridian in Weld. County, Colorado, being I00.0 feet in
width; measured at right angles, on each side of the hereinafter
described center line of the abandoned main track of the Pleasant
Valley Branch of the Union Pacific Railroad Company as formerly '
constructs and operated; said strip extending northeasterly from
the north-south center line to the east-west center line of said
Section 24.
Cbptaining an area of 10.76 Acres, more or less.
Saie center line of abandoned main track hereinabove
referred to, aldng and beyond the strip of land hereby described,
is described as follows:
Beginning at a point in the south line'of said Section
24 that is 2,408,0 feet east of the southwest corner of said
Section 24;
themes N. 24° 52' I. along a straight line to a point
in the north line of said Section 24 that it 420.0 feet west of •
the northeast corner of said Section 24.
•
•
•
•
•
'wT„yrr*Rvar.)nr.TTr ^2t'XXfcl-4P1e . ,et;,
I� H.
•
•
•
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ISO 1680237
STATE OF NEBRASKA )
Bs.
COUNTY OF DOUGLAS )
•
The foregoing instrument was acknowledged• before me
this /2" day of t,�..,.,._. , 1g7� .
d
by C. B. SCHAEFER, Vice President of Union Pacific Railroad
-Company, a Utah corporation, on behalf of the corporation. •
If
•
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rose
rGYY-S1(! #
* pF.ap
• a�fl•�,r ls: /ice-ems+-.�:—�- 6 ..� _z-
,•!�tpLa4y = Rotary Public
(Seal)
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•
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.
4 w 59 •.add.t—_. — ...ha_ a. JAN 301976
cl
Raetw Wt _16802,38_ _.--- .._.------
:_ - - - _ -_-__ 4aia-DIp1q.-MI---6wier. N
1 I Ilia [TEED, Niae this 26th day et January ,1576
1 ! boo® :iR b. E. EtTp1 and MARINA T. EO(ERf0N eJ,
lbhusband and wife. .y
SlateDocumentary Fee 1
in
Dore JAN 3 01976 1
N dW ��T.
aa
Canty Weld W Sate d Cis Me,d W from pot.W f tJw e
,p MARIARET S. ANDERSON
m i et the Cocain d Weld W Stale d
• Glenda,et wend •the woa
•
et
O untatS27B,n..W said Mn y of the ea gamier W Y a.Wwstioe ef the ma el •
me W MID VALUABLE CONSIDERATION AND TEN AND NO/100 ---------- DOLLAR! •.
Ws6p ea{.sad ad aid patty d W fiat pout la hat paid b end pity d the tad o.n.the receipt maned k
ai
xr.r.►rata d • Y4g has paved,brp.i..`.eu W amend.W b th..e preemie does 'y
.eve,all the ®�W ea6ta vas.W and party d the real ptK her heks ad saga/r. O
r fakers deea+b.d ht et panel et lard.Waa:e,h'teg W Was is the .ti
p Cam weld .d Sae at Colony rwda:
1em I The Southeast Quarter (SE4) of Section 24, Township 6 North. Range 65 West of x
4 the 6th P.M.; TO(;F.TS FS WITH all water, water rights, ditches and ditch rights, e�
reservoirs and reservoir rights appertaining thereto or in anywise used in con_
nett ion herewith, including twelve (12) shares of the capital stock of The New
Cache La roadie Irrigating Company, sixteen (16) shares of the capital stock of
The Cache La Foudre Reservoir Company, one and one-half (14) shares of the
capital stock of The Union lateral Irrigating Company, one (1) 8' irrigation
well and one I1) 6' irrigation well complete with pumps, orators and underground
pipe lines.
f ,
TOGGelIIS vita all rid astir the Lsigansp as ipper eve taunt Waglsg, r Y 7Ssennyi ad W me - ad neanat tssidr and to iedee,eamt Yeea and •fir
W aster,nat,tine.name.shed sad daod when the W pants t.eithe W all
de Mani.{Y W ee the above rvsaln l namtms,with the ba.a.- peaaa at part.either 5 law
TO SATS AND TO SOlD the d praise above 5atp.i.d W da cut.d with the appattaases,ate the
and a �y the and ta.elto he and p n, her kits al saps farmer.AM W rid deny d the Net
sick the himself
it self of the mend ad won•does mwaat,gnat,becalm ad alma toaed
d theea petty
he is put, ts sad her hi a tbd at W tla d the eaer8es ad&RIM
prew0 a.'se4 at the patinae then aangd,as d
in•ef -_�. �e d Ursa Y km la fr early ad as geed, sad la abodeaW
r pea 6vsta,aS ad eve nth*.eve Y vent eat from r teed tlsbt.thatfall power W lawful autarky
Os C far ad ethic gray barnY4 da_..Ia.and the s.c whatever
the and dear
sale,Lea tans.eain SUBJEmacteabrCT
d agate rt kind r
aattw.eesr. EXCEPT 1976 cases due and payable in 19Th SUBJER TO that certain
Deed of Trust to the Public Trustee of Weld County, Colorado, recorded January
16, 1973, au Bock 684, Reception No. 1605520, Weld County records, fox the use
of Cer.ler. J. Miller and Jessie E. Miller, as joint tenants, which Grantee herein
6biassumes and agrees to pa SUBJECT TO inclusion_within the bound
,�fFVi rn C o€ado fta�gr FlrseFf y pis[ t( dries of The S:.trrc[ ern lit hi ere Tor, rep rict♦j{tot CCoo (
SL'SIER f4 easement,, [eservatfora, restrletlorle aandn sipr�i be�d�Countyn0a°lyeitDYst f
ad the abo.e bargained p.crier is the gatµ ad peaceable prneda d the rnand p t way o lhe l-record,
her a.r the ague anion W W they penes.r pent {aim mad past,
r r^r part*neat W etil pan Y d W Nat pinta YehA el AND r a aim E whole
Le WITNESS WHERm en ahe0 t ha a WARRANT AND T. boa DEFEND.the thorn piny men Od can s hveesal•vet his red
mal.W Wdoland Mr lint shave mina.
r
fv taa...1.--------(SZAL)
-7,alII 01 CNQiapDy •
1 MAwniA T. eniziacii, viii _ORAL)
_ f.r.���-'. Crm9 d Lip
,,,t t-T6r Cart—rrwte4R5 bakes me this 28th dqd January
O• ETR�TOI and MARTHA T. ETIMUOINa. husband and wife.
! Noweeber 2 • . .i.
•.. J�'81 .L 77 .IIlYerq yadsmq.lert
., ...,,
. ,.
eaa
•
imam wassaats—_—
q„�deilaity •
wren tai en MSS.lama.Oyer —Le
' Payant Real Estate Co .
y 360 Oak Avenue
/ P .O. Box 66
Eaton , CO 80615
Ire printed portions of this form approve` by the'
Colorado Real Estate Co_mmissionLCP40-2-81 ,
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
COUNTERPROPOSAL
RE: Proposed contract for the purchase of property described as:
Township 6 North , Range 65 West of the 6th P .M . Weld County ,
Colorado , Section 24 : SE 1/4 .
also known as number 23541 „ WCR #66, Lucerne, CO . 80646 ,situated in
the County of t1eld , Colorado, dated
i54), . between
and Edward C . Loners
.liEnine c5o , Seller,L II Q � .
Debra A . Loners , Purchaser.
The undersigned Seller accepts said proposed contract, subject to the following amendments:
1 . Cost of Recorded Exemption is to be the total responsibility
of the Purchaser .
All other terms and conditions shall remain the same. If this counterproposal is accepted by Purchaser, as evidenced
by Purchaser's signature hereon, and if Seller receives notice of such acceptance on or before
March 72 1992 , the said proposed contract, as amended hereby, shall become a contract between the
parties.
Se er 1 ev`nc. a✓SC.1%
A 7 /I
The forego �-�e�terproposal : 4ia accepte s day of .C(J(_.- , 19701.
Purchaser - Edw rd�. Loners
Pure aser - e ra A . Loners
If this counterproposal is accepted by Purchaser as aforesaid, Seller agrees to pay listing broker a commission of
5 .00% of the purchase price for services in this transaction, and agrees that, in the event of forfeiture of
payments and things of value received hereunder and under said proposed contract, such payments and things of value
shall be divided between Seller and listing broker, one-half thereof to said broker, but not to exceed the commission,
and the bal nce o Seller.
e er a„rte _ r ,,5;,"
tN.B. When this counterproposal is used, said proposed contract is not to be signed by Seller.
This counterproposal must be securely attached to said proposed contract.
ofd. OP70F81. COUNTERPROPOSAL Page T
RealfAST Software Publishing Inc., Frisco, CO 80443 v2.0 Prepared by - Barry J. Payant, Broker
03/02/92 16:57:51
Payant Real Estate Co.
360 Oak Avenue
P.O . Box 66
Eaton , CO 80615
Barry J . Payant
Broker
TFe printed portions of this form approved by the;
Colorado Real Estate Commission{CBS6C-5-89
THIS IAA LEGAC INSTROii NTH N0TUNDERS10D, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
VACANT LAND/FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
Seller's remedy Liquidated Damages or Specific Performance (Section 16)
[NEW LOAN]
February 29, 19 9?..__...._.....
1. PARTIES AND PROPERTY.
Edward C . Leners
Debra A . Leners
purchaser(s) [Purchaser], (as joint tenants/i6rfil1Y8/iA/eOidrl) agrees to buy, and the undersigned seller(s) (Seller) ,
agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the
County of Weld _._. _._.. _._........._..__........._......_....._..__.__, Colorado, to wit:
Township 6 North , Range 65 West of the 6th P .M . Weld County ,
Colorado , Section 24 : SE 1/4
known as No. 23541 .WCR .#66.........Lucerne,�CO 80646_.____�.__._.._.__�___.._ ____.___....._........._ ._......_...�
(Street Address City State Zip)
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurte-
nances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, and called the
Property.
2. INCLUSIONS... The purchase price includes the following items (a) if attached to the Property on the date
of this contract: lighting, heating, plumbing, ventilating, and air conditioning.fixtures, TV antennas, water softeners,
smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor
coverings, intercom systems, built-in kitchen appliances,, and sprinkler systems and controls; (b) if on the Property
whether attached or not on the date of this contract: built-in vacuum systems (including accessories), storm winauws,
storm doors, window and porch shades, awnings, blinds screens, curtain rods, drapery rods, fireplace inserts, fireplace
screens, fireplace grates, heating stoves,storage sheds, all keys and garage door openers including . remote remote controls;
and (c)
Including all wells , pumps and motors on wells .
(d) Water Rights. Purchase price to include the following water rights:
16 shares Cache La Poudre Reservoir Company
12 shares Cache La Poudre Irrigation Company
1 1/2 shares Union Lateral Company
Two Irrigation wells under case #W-1982 and permit numbers are
#04280—F , and #15029
(e) Growing Crops. With respect to the growing crops Seller and Purchaser agree as follows:
Purchaser will reimburse Seller for any of the Landlord 's share
of normal expenses for the growing of the 1992 crop . Purchaser
will receive all Landlord 's share of 1992 crop grown on subject
property .
The above-described included items (Inclusions) are to be conveyed to Purchaser by Seller by bill of sale,
deed or other applicablesal instrument(sT at-the
e T closing, -free and clear`of. all tuxes, -liens and encumbrances,
except as provided in section 10.
The following attached fixtures are excluded from this sale:
Refrigerator , stove , microwave , satellite dish , and air
conditioner . •
o, CBS3C=5=89). VACANT LAND/FR1f-AAO-RANCH CONTRACT TO 10-AND SE-CL REAL CSTATI`THEiJ LOAN) Page 1
RealFAST Software Publishing Inc., Frisco, CO 80443 v2.0 Prepared by - Barry J. Payant, Broker
Purchasers 02/29/92 11:26:51 Sellers
•
3. PURCHASE PRICE AND TERMS. The purchase price shall be 5280000 .00. , payable in U.S.
' dollars by--Purchaser as foIIows (complete the applicable terms below):
a EARNEST MONEY.
E1—., . • in the form of
PromisorY._..Note - -._...-
as earnest money deposit and part payment of-the purchase price, payable to and held by
Payant Real. Estate Company , broker,
in broker`s trust account on behalf of both Seller and Purchaser. Broker is authorized to deliver the earnest money
deposit to the closing agent, if any, at or before closing.
S1 (b) CASH AT CLOSING.
1 6 ,400 .00 to be paid by Purchaser at closing in cash, electronic transfer funds, certified check,
savings and-loan teller's check, or cashier's check. Subject to the provisions of section 4, if the existing loan
balance at the time of closing shall be different from the loan balance in section 3, the adjustment shall be made in
cash at closing or paid as follows:
n/a
(c) NEW LOAN.
1st b_t3_,_600:.00 by Purchaser obtaining a new loan. This loan will be secured by a (1st, 2nd, etc.)
deed of
trust. The new loan to Purchaser shall be amortized over a period of =n0 years at approximately $1.1">08 .3 7_
per month including principal and interest nca to exceed -8 .750% per annum, jo us, if
required-by PUr-efaser s render,"-a deposit of 1.208. 37.0 of the estimated annual real estate
taxes, property insurance premium, and mortgage insurance premium. If the losois an adjustable interest rate or gradu-
ated payment loan, the payments and interest rate initially shall not exceed the figures set forth above.
Loan discount ppoints, if any, shall be paid to lender at closing and shall not exceed 0 .000% of the total loan
amount, The first(1, 2, etc.) .....0._9..00 loan discount points shall be paid by
n/a, . .. ._ _...._...
and thie balance, if any, shall bepaid-by —
n/a
Purchaser shall-timefy,pay a loan origination fee not to exceed 1 o....�of`the loan amount and Purchaser's loan
costs. Cost of any appraisal for loan purposes to be obtained after-this date shall be paid by
Purchaser...
upon Ioan application as required by lender. '"_.__.__.....__.._......__._.__-____..._._..-__._..__.._._.....
4 FINANCING..CONDIT-IONS AND O$LIGATIONS.
(a)-Loan Applications). Tf-Purchaser is 'Co pay all or part of the purchase price as set forth in section 3 by
obtaining a new loan or it an existing loan is not to be released at closing, Purchaser, if required by such lender,
shall make written application within - 5. calendar days from acceptance of this contract. Purchaser shall cooperate
with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents
and furnish all information and documents required by the lender, and, subject to section 3, timely pay the costs of
obtaining such loan or lender consent.
bi Loan Approval. If Purchaser is to pay all or part of the purchase price by obtaining a new loan as specified
in sec ion 3, this contract is conditional upon lender's approval of the new loan on or before
Apr..11 Q_, 1992 If not so approved by said date, this contract shall terminate. If the loan is so
approved_, but such proceeds are not available to Purchaser as required in section 5(Good Funds) at the time of closing,
closing shall be extended one time for 5 calendar days (not to exceed (5) five). If sufficient funds are not then
available, this contract shall terminate-
5. GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable
Colorado Taws.
6. No.T,.,.ASSIG_NABLE... This contract shall not be assignable by the Purchaser without Seller's prior written
consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors and assigns of the parties.
7. EVIDENCE,._OF... TITLE._ Seller shall furnish to Purchaser, at Seller's expense, either a current commitment
for owner-'s title insurance policy in an amount equal to the purchase price or at Seller's choice, an abstract of title
certified to a current date, on or before March 20 1992 If a title insurance commitment is
furnished, Purchaser may require of Seller that copies of instruments for abstracts of instruments) listed in the
schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Purchaser at Seller's
expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of
the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments
furnished pursuant to this section 7, constitute the title documents (Title Documents). Purchaser must request Seller
to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than .5 calendar days after
insurance receipt of the title insurance commitment. If Seller furnishes a title commitment, Seller will
have the title insurance policy delivered to Purchaser as soon as practicable after closing and pay the premium at
closing.
8 TITLEE.,
(a)'Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by
Purchaser of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents
or abstract shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before . S
calendar days after Purchaser's receipt of Title Documents or abstract, or within five (5) calendar days after receipt
The printed portions of this form approved by the Colorado Riitstate Commission(CBSac-S=89)
No. (CBS6C-5-89). VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (NEW LOAN) Page 2
RealFAST Software Publishing Inc., Frisco, CO 80443 v2.0 Prepared by - Barry J. Payant, Broker
Purchasers 02/29/92 11:26:51 Sellers
by'Purchaser of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a
' copy of the Title Document adding new Exception(s) to title. If Seller or Listing Company does not receive Purchaser's
notice by the date(s) specified above, Purchaser shall be deemed to have accepted the condition of title as disclosed
by the Title Documents as satisfactory.
(b Matters Not Shown by the Public Records. Seller shall deliver to Purchaser, on or before the date set forth
in section 7, true copies of alllease(s) and surveys) in Seller's possession pertaining to the Property and shall
disclose to Purchaser all easements, liens or other title matters not shown by the public records of which Seller has
actual knowledge. Purchaser shall have the right to inspect the Property to determine if any third party(s) has any
right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary
line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection
shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before
March 25, 1992 _.. _.._ ... If Seller or Listing Company does not receive Purchaser's notice by said date,
Purchaser shall be deemed to have accepted title subject to such rights, if any, of third parties of which Purchaser
has ac.0 l knowledge.
c Right to Cure. If Seller or Listing Company receives notice of unmerchantability of title or any other
unsatis actory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to
correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatis-
factory title condition(s) on or before the date of closing, this contract shall then terminate, subject to section 17;
provided, however, Purchaser may, by written notice received by Seller or Listing Company on or before closing, waive
objection to said unsatisfactory title condition(s).
9. DATE OF CLOSING. The date of closing shall be May,.,. 5 1992...._..._.___ ,or by mutual agreement
at an earlier-date. --The hour and place of closing shall be designated-by
Payant.,_Real Estate Co . and the_-partieshereto .
1O. TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance by
Purchaser with the other termsand provisions hereof, Seller shall execute and deliver a good and sufficient
General Warranty deed to
Purchaser, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of
closing, and except
n/a
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether
assessed or not; except distribution utility easements, including cable TV; except those matters reflected by the Title
Documents accepted by Purchaser in accordance with subsection 8(a); except those rights, if any, of third parties in
the Property not shown by the public records in accordance with subsection 8(b); and subject to building and zoning
regulations.
11. PAYMENTS OF ENCUMBRANCES., , Any encumbrance required to be paid shall be paid at or before the time
of settlement from the proceeds of-thin-iliaaction or from any other source.
12. CLOSING COSTS,_,., othD000MENTS_ AND SERVICES. Purchaser and Seller shall pay their respective
closing coats at closing except- as erwise prOVTded Herein. Purchaser and Seller shall sign and complete all
customary or required documents at or before closing. Fees for real estate closing and settlement services shall not
exceed $150 .00 __ and shall be paid at closing by
1/2 152 -E'er 1/2by. Purchaser......_... .
13. PRORATIONS_ General taxes for the year of closing, based on the most recent levy and the most recent
assessment, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and
1992 Real Estate taxes shall be paid by Purchaser .
shall be prorated to date of closing.
Any sales, use and transfer tax that may accrue because of this transaction shall be paid by
n/a ._._. - - .
14. poss.Fs..siq.N..t. Possession of the Property shall be delivered to Purchaser as follows:
On date of closing .
subject to the following lease(s) or tenancy(s):
Current lease on farm with Orland Koehn , and any gas , oil and
mineral leases in effect . •
If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction
and shall be additionally liable to Purchaser for payment of $1OO .OO _ per day from the date of agreed posses-
sion until possesion is delivered. -
15. CONDITION._OF--_AND DAMAGE TO PROPERTY. The Property aynd Inclusions shall be conveyed in their
altyepriornt000ttime ofrclosing,edin an amountxofpnot more the
tentpercentoofrthestotalbpurchasedprice,reSellerhshallsbe
The printed portions of this form approved by the Colorado Real Estate Commission(tBSCC-5-89) Page 3 "
No. (CBS6C-5-89). VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (NEW LOAN)
RealFAST Software Publishing Inc., Frisco, CO 80443 v2.0
11:26:51 Prepared by -
Barry 3. Payant, Broker
Purchasers Sellers
•
obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or
if the damages exceed such sum, this contract may be terminated at the option of Purchaser. Should Purchaser elect to
carry out this contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds
resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should an
Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date o
possession whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s)
or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds
received by Purchaser covering such repair or replacement. The risk of loss for any damages to growing crops, by fire
or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in section 2 and such
party shall be entitled to such insurance proceeds or benefits for the growing crops, if any.
16. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any 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:
[a) IF PURCHASER IS IN DEFAULT: IF THE BOX IN SUBSECTION (1) IS CHECKED, SELLER'S REMEDIES SHALL BE AS SET FORTH IN
SUBSECTION (1)LSPECIFIC PERFORMANCEI. IF SAID BOX IS NOT CHECKED, SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION
2 LIQUIDATED DAMAGES] .
XCu Specific Performance. Seller may elect to treat this contract as cancelled in which case all payments and
things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such
damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seiler shall
have the right to specific performance or damages, or both.
(2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Purchaser and
retained on behalt of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed
that such payments and things of value are LIQUIDATED DAMAGES and (except as,provided in subsection (c)) are SELLER'S
SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract. Seller expressly waives the
remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT: Purchaser may elect to treat this contract as cancelled, in which case all payments
and things of value received hereunder shall be returned and Purchaser may recover such damages as may be proper, or
Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to
specific performance or damages, or both.
(c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any litigation or arbi-
tration arising out of this contract, the court shall award to the prevailing party all reasonable costs and expense,
including attorney fees.
17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Purchaser and Seller agree
that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent,
unless mutual written instructions are received by the holder of the earnest money and things of value, broker or
closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's
option and sole discretion may interplead all parties and deposit any monies or things of value into a court of compe-
tent jurisdiction and shall recover court costs and reasonable attorney fees.
18. INSPECTION. Purchaser or any designee shall have the right to have inspection(s) , of the physical
condition of the Property and Inclusions, at Purchaser's expense. If written notice of any unsatisfactory condition,
signed by Purchaser, is not received by Seller or Listing Company on or before March 25 , _1 9 9 2 the
physical condition of the Property and Inclusions shall be deemed to be satisfactory-to Purchaser. If written notice of
any unsatisfactory condition, signed by Purchaser is given to Seller or Listing Company as set forth above in this
section, and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before
March_30... .__ 1992 this contract shall then terminate, subject to section 17. Purchaser is responsible
and shall pay for any damage whichioccurs to Property and Inclusions as a result of such inspection.
19. AGENCY DISCLOSURE. The listing broker,
Payant Real
�sta_te.._.Company_ „_ , and its sales
agents (Listing Company)- represent;Seller. The rating Company owes duties of trust, loyalty and confidence to the
Seller only. While the Listing Company has a duty to treat Purchaser honestly, the Listing Company is Seller's agent
and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY
LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT.
The selling broker, Payant Re_a1 Estate Co . , and its sales agents
(Selling Company) represent: [IF THE BOX IN SUBSECTION (b) IS CH CKEO -SELLING COMPANY REPRESENTS PURCHASER
ONLY, AS SET FORTH IN SUBSECTION (b). IF THE BOX IN SUBSECTION (b) IS NOT CHECKED, SELLING COMPANY REPRESENTS
SE LER ONLY, AS SET FORTH IN SUBSECTION (a).l
(a) Seller. The Selling Company owes duties of trust, loyalty and confidence to the Seller only. While the
Selling Company has a duty to treat Purchaser honestly, the Selling Company is Seller's agent and is acting on behalf
of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT
SELLING COMPANY IS SELLER'S AGENT.
[ ) (b) Purchaser. If the box is checked: The Selling Company owes duties of trust, loyalty and confidence to the
Purchaser only. While the Selling Company has a duty to treat the Seller honestly, the Selling Company is acting on
behalf of Purchaser and not Seller. SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT
IT IS PURCHASER'S AGENT.
20. ADDITIONAL PROVISIONS:
A ) This contract is contingent upon the successful closing of a
contract on the Purchaser 's resident at 4523 West 21st Street ,
e printed poi ions o isform approve y e o ore o III-Estate Commission(CDSbC=5-89) Page 4
No. (CBS6C-5-89). VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (NEW LOAN)
RealFA$T Software Publishing Inc., Frisco, CO 80443 v2.0 Prepared by -
Barry 1. Payant, Broker
Purchasers 02/29/92 11:26:51 Sellers
Greeley , Colorado . Existing contract on said property is
scheduled to close May 1 , 1992 . In the event this contract
fails to close this contract shall terminate .
B ) This contract is contingent upon the Purchasers selling the
improvements and obtaining a recorded exemption on improvements .
C ) Seller agrees to allow the Purchaser to apply for and obtain
a recorded exemption on the existing improvements and
approximately 3 acres .
21. RECOMMENDATION..OF ._LEGAL .COUNSEL_ By signing this document, Purchaser and Seller acknowledge
that the Selling`Company``or the Uisting'Company" "has"recommended that Purchaser and Seller obtain the advice of their
own legal counsel regarding examination of title and this contract.
22. TERMINATION... In the event this contract is terminated, all payments and things of value received
hereunder shall be returned-and the parties shall be relieved of all obligations hereunder, subject to section 12.
23. NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and
Purchaser receives notice of such acceptance on or before March 7, 1992....... , this document shall
become a contract between Seller and Purchaser. A copy of this document may be executed by each party, separately, and
when each party has executed a copy there , such copies taken together shall be deemed to be a full and complete
contract he parti s.
9 ' —T
Purc aver wa a ner s Date
Purchaser - E d ' eners /bile
Purchaser's Address 4_523 West 21st Street, Greeley,._ CO 80631____...-.__.
[TO BE COMPLETED BY SELLER AND LISTING COMPANY]
24. ACCEPTANCE/COMMI e aps
SSION...- Seller accepts the above proposal this day of ,19__ .
Seller shall-pa to the listing Company a commission of t of the gross pure price or as agreed
upon between Seller and Listing Company for services in this transaction. In the event of forfeiture of payments and
things of value received hereunder, such payments and things of value shall be divided between Listing Company and
Seller, one-half thereof to Listing Company, but not to exceed the commission, and the balance to Seller.
Seller - Date
Seller's Address ,_-._. ._...._________.._.._----.--.------------.___...____...._....___—___.._..___._..._------._..___....._._._._---..__..._.._._._._._..._...._.._._...__..._......._..
The undersigned Selling Company acknowledges receipt of the earnest money de o'si specified in section_3 and botli
Selling Company and Listing Company confirm the respective agency disclosure se th i section 19.
Selling Company By:
Pa _ant Real Estate Co Si
...._..Y__.—..._.._ _ (Signature)
� � f'�'�•
Ear y . Pa' ant Data
Address 360 Oak Avenue,, P .O . Box 66 , Eaton, CO 80615__._..__._.....___...__---.............__..._._..__..__......__._--
Listing Company Parent Real Estate Com_pang
By
iSignature) Payant -Real Estate Company Date
Address 360 Oa < Avenue..„,TP .O . _Box_-66,, Eaton,_CO_-,806-15
T
Th printed portions of this form approved b Die Colorado Real—Esta�Commiss on(CBSoC-5-89
No. (CBS6C-5-89). VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (NEW LOAN) Page 5
RealFA$T Software Publishing Inc., Frisco, CO 80443 v2.0 Prepared by - Barry J. Payant, Broker
02/29/92 11:26:51
BOARD OF DIRECTORS `
ERNEST TIGGES .,y NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON • LUCERNE, COLORADO 80646
ERNEST ROSS r+jM. HIGHWAY 85
W.M. McKAY
CHARLES ACHZIGER 2 I V LYLE NELSON, MGR.
^-► P.O. BOX 56 • PHONE 356-3020
March 30 , 1992
RE: Watet Service
Dear Sirs,
This letter is in response to your inquiry regarding water service
to the following described property :
SEA of Section 24-6-65W
1. x Water service is presently being provided to the
above described property. Lot A
S.
2. x Water• service can be made available to the above
described property provided all requirements of
the District are satisfied. Lot s
'If contracts have not been consumated with North Weld County Water
District within one year icom date of this letter , this letter shall
become. null and void.
t
Additibnal comments :
•
Sincerely ,
NORTH WELD COUNTY WATER D STRICT
4(�
Lyl . Nelson," Manager
NDL/ds
•
Anderson/Leners
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