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EPARTMENT OF PLANNING SERVICES Ce 14 _/f/�'' 3
RECORDED EXEMPTION ■f
ADMINISTRATIVE REVIEW
Applicant: Vernon Minch, Jr. , Kathy Pulver Case No: RE-1423
John Minch, c/o William W. Brack
Legal Description: Part of the N2 SE4 of Section 4, T3N, R68W of the 6th
P.M. , Weld County, Colorado.
Larger Lot Size: 42 acres, more or less Smaller Lot Size: 5 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.
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. /-7 (
or
B /YL-✓EL/ ✓GL� oG�—� Date 4 ,t u % / VYyZ
C rM t Planner
'(/e7e' . • •
DEPARTMENT OF PLANNING SERVICES
M PHONE(303)356-4000,EXT.4400
91510th STREET
' GREELEY,COLORADO 80631
111 C.
COLORADO
May 22, 1992
CASE NUMBER: RE-1423
TO WHOM IT MAY CONCERN:
Enclosed is an application from Vernon Minch Jr. , Kathy Pulver, and John Minch
c/o William W. Brack for a Recorded Exemption. The parcel of land is described
as part of the N2 SE4 of Section 4, T3N, R68W of the 6th P.M. , Weld County,
Colorado. The location of the parcel of land for which this application has been
submitted is west of Weld County Road 7, approximately .25 miles north of Weld
County Road 36.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by June
5, 1992 so that we may give full consideration to your recommendation. Please
call Lanell J. Swanson 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:
• •
DEPARTMENT OF PLANNING SERVICES
i, PHONE(303)356-4000,EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
C.
cojtQtAPo
William W. and Bambi L. Brack
3210 North 111th
Lafayette, CO 80026
Dear Mr. and Mrs. Brack:
Your recorded exemption application is complete and in order and will be processed
on or before June 22, 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 Mead Planning Commission for its review and comments. Please call
Bertina Willden, at 535-4477, 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 Mead 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,
Lanell J . Swanson
Current Planner
pc: Vernon Minch, Jr.
2403 WCR 36
Platteville, CO 80651
Kathy Pulver
574 E. 23rd, Box 15
Loveland, CO 80538
John Minch
221 W. 57th St, 2A
Loveland, CO 80538
3210 North 111th Street
Lafayette, CO 80026
May 15, 1992
Weld County Department
of Planning Services
915 10th Street
Greeley, CO 80631
Dear Members:
The purpose of this letter is to provide certain statements in
support of an Application for Recorded Exemption submitted by
William W. Brack and Bambi Lynn Brack. This letter will address
Items #3 through #11 and 13 of the application requirements
identified in Section 9-2 (C) of the Weld County Subdivision
Regulations for recorded exemptions.
Item #3 : Attached to this letter is a copy of the Contract of
Purchase and Counter Proposal between the present owners of the
property and Mr. and Mrs. Brack. The contract documents have been
identified as "Exhibit B" , and it is our understanding this allows
us to apply for recorded exemption in anticipation of purchasing
the property.
Item #4 : The purpose for dividing the parcel into two lots,
one of 5 acres and one of 42 acres, is to allow us to prepare for
future declines in health by family members for which we may become
responsible. Mr. Thomas Bahl, presently residing in Lafayette,
Colorado, is the father of one of the applicants and the father-in-
law of the second applicant. Mr. Bahl presently suffers from
rheumatoid arthritis and the lung disease known as asbestosis. Our
family is uncertain how long existing caregivers can provide the
necessary level of service to allow him to live in a
noninstitutional environment. If his condition continues to
deteriorate, it is anticipated a home may have to be built on the
5-acre parcel which will allow our family to be immediately
available to provide the level of care necessary to prevent him
from living in an institutional environment. We also enjoy owning
horses, and the proposed configuration will allow us to maintain
ownership of those horses. We are essentially people who enjoy an
agricultural setting rather than an urban setting and feel this is
an excellent opportunity to create two parcels which will remain
agricultural in nature.
Item #5: We believe the proposal for the creation of the
parcels is consistent with the Weld County Comprehensive Plan
Weld County Department of Planning Services
May 15, 1992
Page 2
because it will not take agricultural property out of production.
The parcel is presently agricultural and will remain agricultural .
Our primary use for the property will be to grow hay which will be
used in feeding our horses. The existing parcels on either side of
the property immediately adjacent to us are agricultural, and the
area is largely agricultural in nature. Our review of properties
in the immediate area suggest this land use is not inconsistent
with the Weld County Comprehensive Plan. One mile south of Mead is
an area two miles from the proposed recorded exemption which
contains a subdivision which is similar in nature to our proposed
use. However, the parcels being sold in that subdivision are 2-
acre parcels.
Item #6: The present zoning district in which the subject
property is located is "A" for agricultural use, and our
anticipated use of the property will not be inconsistent with that
zoning designation.
Item #7: The permitted uses we anticipate are all
agricultural in nature, and we do not anticipate conducting any
commercial use which would be inconsistent with agricultural use of
the property. Our proposed use is to live on and farm the property
for agricultural purposes only. All surrounding land uses adjacent
to the property are agricultural, and our impression is that our
use is totally compatible with surrounding areas.
Item #8 : Our understanding of the Weld County Comprehensive
Plan is future anticipated use will continue to be agricultural.
The property is located one mile north of Mead, and it is highly
unlikely that Mead' s growth will be such that it will reach this
property.
Item #9 : Our belief is the proposal is not inconsistent with
efficient and orderly development because a majority of the
property immediately adjacent to the proposed exemption has been
agricultural and most likely will continue to be agricultural in
nature. This property does not appear to be in a growth area for
residential or commercial uses, and it is our belief the property
will remain agricultural .
Item 410: Attached to this letter and identified as "Exhibit
C" is a letter from the Little Thompson Water District indicating
that water service for the property is available and will be
provided by that agency. The proposed sewage disposal method is a
septic tank system for both properties. Our understanding is a
permit can be obtained from the county at the time for the
construction of the residences.
• •
Weld County Department of Planning Services
May 15 , 1992
Page 3
Item #11: To the best of our knowledge, the proposed recorded
exemption property is not located in any flood plane, geologic
hazard area or within the Weld County Airport Overlay District.
Item #13 : Accompanying this letter and identified as "Exhibit
D" is a map of the property submitted as a part of the general
application.
If additional items are necessary or if the statements
provided in this letter require additional information, please feel
free to contact either of us by telephone or letter. Our present
address is 3210 North 111th Street, Lafayette, Colorado 80026, and
our home telephone number is 1-665-7317 . During the day, William
Brack may be reached at Buckeye Welding Supply, whose telephone
number is 356-7546.
Sincerely yours,
William W. Brack and Bambi Lynn Brack
Attachments
• i
FIELD CHECK
FILING NUMBER: RE-1423 DATE OF INSPECTION: May 29, 1992
APPLICANT'S NAME: Vernon Minch, Jr. , Kathy Pulver, John Minch c/o William W.
Brack.
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the N2 SE4 of Section 4, T3N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: West of Weld County Road 7, approximately .25 miles north of Weld
County Road 36.
LAND USE: N Farmground, 1 residence
E Weld County Road 7, farmground
S Farmground
W Farmground
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
This parcel is lying fallow and is flat. Access is from Weld County Road 7 , a
paved County local. Five trees line Weld County Road 7. One field road access
exists.
7 �E(1 rW.zr.�--�
u rentner
ADMINISTRATIVE REVIEW FLOW SHEET
/1 CASE # ( - /-5/(2.:3
(q
APPLICANT: 2)11.4,,,,,I'wni pt,,mck , X 01t4✓� v,n �')'Ltix.c-1� `7 Yj,nn (4). klue ck
,,REQUEST: mil.t
LEGAL: "Pt f 2 •S 1{ al-3 /?
LOCATION: ItitiA � w c,e '7 a , , as ,n cte_ w 0 P
Date By
Application received
Application complete J . c�.7 ��
Letter to applicant drafted 5 -44- 9...?
Referrals listed
,$ ;2,) cI 2 fL�
File assembled 5
Letter to applicant mailed 5-at,
Ref errals mailed 5-a G -9y sr--
Chaindexed 5-at -9.v >afe--
DPS recommendation drafted
Administrative Review decision: K,lf ,.,l, 6 : f -
History card completed
COMMISSIONERS' HEARING DATE: Date By
Air photo and maps prepared
Field check by DPS staff
CC Action:
CC resolution received
History card completed
Recorded on maps and/or filed 2'1 'c17_
FP 6K
•
•
•
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
RECORDING FEE
CASE NO.
RECEIPT NO.
ZONING DISTRICT
APPL. CHECKED BY
DATE
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: See attached "Exhibit A"
TOTAL ACREAGE: Apx 47 acres
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes No {
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes X No
FEE OWNERS OF PROPERTY: *See back page of Application for Fourth Owner
Name: Ve
Phone: 535-4354
Address: 2403 Weld County Road 36 Platteville 80651
Name: Kath Pulver
Address: 574 East 23rd Box 15 Loveland CO 8 53$—Phone: 669-5173
Name: John Minch
4tre=t df7n ioc l nd (l7 80Si8 Phone: 669-7152
Address: 221 West 57th Little Litt Little Thompson
Thompson Smaller Parcelwater nictrict
WATER SOURCE: Larger Parcel wafer nigt
TYPE OF SEWER: Larger Parcel
septic Tank Smaller Parcel Gaptir Tank
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Agriculture
ACREAGE: Larger Parcel Aox. acres Smaller Parcel lox 5 acres
No (Yes or No) No
EXISTING DWELLINGS: (Yes or No)
I hereby depose and state under the penalties of perjury that all statements ,
proposals, and/or plans submitted with or contained within this application are true
and correct to the best of my knowledge. _
COUNTY OF WELD ) ✓. WCK
STATE OF COLORADO ) - ?RA
S :nature: Owner or tiorized Ag:nt
I:I LYNN BRACK
Ada of 44-<ccc ' 19_2z..
Subscribed and sworn to before me this
,���, Y --- ---
(SEAL)
otary Public
My Commission ExpiresW
• •
MIRTH OWNER:
Name: Miles Ray Minch
Address: P.O. Box 512, Johnstown, CO 80534 Phone: 584-4434
i •
EXHIBIT A
LEGAL DESCRIPTION FOR
APPLICATION FOR RECORDED EXEMPTION FOR
WILLIAM W. BRACK AND BAMBI LYNN BRACK
THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF
SECTION 4 , TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH
P.M. , WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SECTION 4 , TOWNSHIP 3 NORTH, RANGE 68
WEST, IN SAID COUNTY AND STATE, THENCE WESTERLY 2223 FEET
ALONG THE NORTH LINE OF SAID QUARTER SECTION; THENCE 2035
FEET SOUTHEASTERLY TO A POINT ON THE EAST AND WEST CENTER
LINE OF SAID QUARTER SECTION 670 FEET WEST OF THE
SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF SECTION 4 , THENCH EAST ON SAID LINE 670 FEET TO
SAID LAST MENTIONED CORNER; THENCE NORTH ON THE EAST LINE
OF SAID QUARTER TO THE PLACE OF BEGINNING.
•
the printed portion.onhls form approved by
the Colorado Reel Ent ate Commleelon(CI'I0-2-0I)
THIS IS A LEGAL INSTRUMENT.If NOT UNDERSTOOD.LEGAL TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
COUNTERPROPOSAL
RE:I'roposed contract for the purchase of property described as: 47 acres, more or less, located
in the North Ip of the Southeast 14 of Section 4, Township 3 North, Range 68
West of the 6th P.M. , Weld County, Colorado.
no street address
nlso known as number ,
situated in the County of_ Weld ,Color o,dated
_April 21 ,19_92 between Vernon Minch, Jr. , Kathy A. Pulver, John E. 111;WcIbrfi tiles f
Minch
Bud_.
William W. Brack and Bambi Lynn Brack ,Purchaser.
The undersigned Seller accepts said proposed contract,subject to the following amendments:
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•
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 April�I 29 ,
19 92,the said proposed contract,rls a ended hereby,shall become a con tact between the parties./
V&A! ] ,)
Hilesinc T E. Mi h ` �I
seller Vernon finch, Jr. Y / y seller Rathv�� Pulver .
The foregoing counterproposal is accepted this tJ—._day of_ S-TT..;)\— ,t.. \ U,/.. l/`Eh
`
`u ch r William W. Brack L°renaeer Bambi Lynn Brack, I
If this counterproposal is accepted by Purchaser as aforesaid, Seller agrees to pay listing broker a commission of
_seven (7) To 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 ti(reef to said broker, b t not to exceed the
commission,and the balance to Seller. ,
Iles K. hutch /�I/Zd,.,Li 1 i p /�r�-- if2
e AG m 1 L th&-
seller Vernon Mine 1, Jr. Teller Katt u per
'N.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.
No.CP 40-241.Counterproposal.—Bradford Publiehln,Co.,5825 W.8th Ave.,Lakewood,Colorado 80214—(303)233.8900 7.53 6.
; . r •
he printed portions of this form approved by the
Colorado Real Estate Commlaslon(CBS 3-5-89)
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,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)
April 21 ,19_2—
I. PARI IES AND PROPERTY. William W. Brack and Bambi Lynn Brack
,purchasef(s)1Pm2d1aseH,(as joint tenants/tearaatsdn Lannert()
ngreecto buy,and the undersigned seller(s)(S1inEN,agreeddo sell,on the terms and conditions set forth in this contract,the following described real estate
in the County of Weld ,Colorado,towit: 47 acres, more or less, located
in the North 1 of the Southeast kt of Section 4, Township 3 North, Range 68
West of the 6th P.M. , Weld County, Colorado.
no street address
'known as No. (Slices Address,Ciry,slue.Lipi
together with all interest of Seller in vacated streets and alleys adjacent thereto,ail easetnents and other appurtenances thereto,all improvements thereon
and all attached fixtures thereon,except as herein excluded,and called the Property.
2. INCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this cone act 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 windows,storm dooms,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 controls;and(c) Npne
(d)Water Rights.Purchase price to include the following water rights: 2 Shares of the Capital Stock of Ish
Reservoir and 2 Shares of Capital Stock of the Boulder and Larimer County Irrig.
and Manufacturing Company.
•
(e)Growing Crops.With respect to the growing crops Seller and Purchaser agree as follows: to be mutually agreed upon
between Purchasers and Sellers prior to closing.
The above-described Included items(Inclusions)are to be conveyed to Purchaser by Seller by bill of sale,
deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in section 10.
The following attached fixtures are excluded from this sale:
3. PURCHASE PRICE AND TERMS. The purchase price shall be
M 104,000.00 payable in U.S.dollars by Pw<haser as
follows(complete the applicable terms below):
(a)Earnest Money.
S 5.000.00 in the form of personal cheek ,as earnest money deposit and part payment of the purchase
price,payable to and held by David Mary, Tnr ,broker,In broker's trust
account on behalf of both Seller and Purchaser.Broker is authorized to deliver the earnest money deposit to the closing agent,If any,at or before closing.
(b)Cash at Closing.
S 4 S 000 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:
(c)New Loan. See Additional Provisions 1st deed of trust.
$ 54,000.00 by Purchaser obtaining a new loan.This loan will be secured by a(1st,2nd,etc.)
The new loan to Purchaser shall be amortized over a period of years at approximately S per
including principal and interest not to exceed %per annum,plus,if required by Purchaser's lender,
a deposit of of the estimated annual real estate taxes,property insurance premium,and mortgage insurance premium.
If the loan is an adjustable interest rate or graduated payment loan,the payments and Interest rate initially shall not exceed the f igur es set forth above.
Loan discount points,if any,shall be paid to lender at closing and shall not exceed
%of the total loan amount.
The first(1,2,etc.) loan discount points shall be paid by
and the balance,if any,shall be paid by
Purchaser shall timely pay a loan origination fee not to exceed %of the loan amount and Purchaser's loan costs.Cost of any appraisal
for loan purposes to be obtained after this date shall be paid by
upon loan application as requited by lender.
No.C1353.5.89. kACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE
Bedford Publishing.174)Wane St..Denver.CO x0202— 303)292.2500-a-a9
• •
(d)Assumption.
E by-Pureheseetessamingmmdegreeing-tepayencaisting L...in thi..,,t.r,,..,,imute-emoanl;presently-payeble
E per including principal,interest presently at a per
annum,and including escrow for the following as indicated: 0 real estate taxes, ❑property insurance premium, ❑mortgage insura premium,
and urchaser agrees
to pay a loan transfer fee not to exceed E .At the time of assumption,the new interest rate shall nut ex %
per annum and the new payment shall not exceed E plus escrow,if any.
Seller 0 shall 0 shall not be released from liability on said loan.If applicable,compliance with the req�u' cents for release from liability shall
be evidenced by delivery at closing of appropriate letter from lender.Cost payable for release of liability sha -be paid by
In an amount not to exceed$
(e)Seller or Private Third-Party Financing.
E by Purchaser executing a promissory note payable to:
on the note form as indicated:(check one box)
❑Right-to-Cure NTD 82-I1-83 0 No Right-to-Cure NTD 81-i1-8
secured by a(1st,2nd,etc.) deed of trust encu ring the Property,using the form as indicated:(check one box)
❑Strict Due-on-Sale(TD 72-I I-83) 0 Creditworthy 73-I(,-83) ❑Assumable—Not due on sale(TD 74-11-83)
(] •
The promissory note shall be amortized on the s of years,payable at$ per
including principal and interest at the rate of %per annum.Payments shall commence
and shall be due on the day of each succeeding
If not sooner paid,the balance of ncipal and accrued interest shall be due and payable
after closing.Payments all O shall not be increased by of estimated annual real estate taxes,and 0 shall 0 shall not
be increased by of estimated annual property insurance premium.
'I he loan sh It also contain the following terms as indicated:If any payment is not received within calendar days after its due date,a late
charge of 9'o of such payment shall be due.Interest on lender disbursements under the deed of trust shall be
per at num. Default interest rate shall be %per annum.
tnurchase ay-prepay-withouta-penally e•e•pt
4. FINANCING CONDITIONS AND OBLIGATIONS. (a)Loan Application(s). If Purchaser is lo pay all or part of the purchase price as set
forth in section[gg,b btatging a new loan or if an existing loan is not to be released at closing,Purchaser,if required by such lender,shall make written
application witftiWvp,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.
(h)Loan Approval. If Purchaser is to pay all or part of the purchase price by obtaining a new loan as specified in section 3,this contract is conditional
upon lender's approval of the new loan on or before June 5 ,19 .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 calendar days(not to exceed(5)five).If sufficient funds are not then available,this contract shall terminate.
4c).Existing-Loan Review If an-existing loan is not4obahaleacecateloxing,-SsBar-shag-pwwdacopiaso4the-loan documents(including!Ince,
deed of trust, modifications)to Purchaser within calendar days from acceptance of this contract.This contract is condition$-sq nn Pur-
chaser's review and approval of the provisions of such loan documents.Purchaser consents to the provisions of such loan documents itpnWiitten objection
is received by Seller or Listing Company from Purchaser within calendar days from Purchaser's receipt of sue untents. If the lender's
approval of a transfer of the Property is required,this contract is conditional upon Purchaser's obtaining such approv out change in the terms of such
loan,except as set forth in section 3.If lender's approval is not obtained on or before , 19 ,this
contract shall be terminated on such date.If Seller is to be released from liability under such existin n and Purchaser does not obtain such compliance I
as set forth In section 3,this contract may he terminated at Seller's option.
' (d)Assumption Balance. If Purchaser is to pay all or part of the purchase p, y assuming an existing loan and if the actual principal balance of '
I
I the existing loan at the date of closing is less than the amount in section 3 ore than E ,then Purchaser may terminate this
contract effective upon receipt by Seller or Listing Company of P aser's written notice of termination,
(e)Credit Information. ((Purchaser is to pay alto rt of the purchase price by executing a promissory note in favor of Selleror if an existing loan
is not to be released at closing,this contract is a Mortal upon Seller's approval of Purchaser's financial ability and creditworthiness,which approval
shall be at Seller's sole and absolute disc n.In such case:(I)Purchaser shall supply to Seller on or before ,
ii
19 ,at Purchaser's nse,information and documents concerning Purchaser's financial,employment and credit condition;(2)Purchaser :
consents that Seller ma dy Purchaser's financial ability and creditworthiness(3)any such information and documents received by Seller shall he held
by Seller in co cote,and not released to others except to protect Seller's interest in this transaction;(4)if Seller does not provide written notice of
Seller' Ai approval to Purchaser on or before ,19 ,then Seller waives this condition.If Seller does
..por .written-notice-ef-disapprovalaoFarchasar-nnechekua-saiddaterthis^ootraet chat-Germinate. I
5. GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 1,
6. NOT ASSIGNABLE. this contract shall not be assignable by Purchaser without Seller's prior written consent.Except as so restricted,this
contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties.
7. EVIDENCE OF TITLE. Seller shall furnish to Purchaser,at Seller's expense,either a current commitment fur owner's title insurance policy in
an amount equal to the purchase price oral Seller's choice,an abstract of title certified to a current date,on or before April 28 _
19 92 . If a title insurance commitment is furnished,Purchaser may require of Seller that copies of instruments(or abstracts of instruments)
listed in the schedule of exceptions(Exceptions)in the title insurance commitment also be furnished to Purchaser at Seller's expense.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 Purchaser's receipt of the title insurance commitment.If Seller furnishes a title insurance commitment.Seller will have the title insurance policy
delivered to Purchaser as soon as practicable after closing and pay the premium at closing.
8. TI71E. (a) Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by Purchaser of
unmerchantahility of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of
Purchaser and given to Seller or Listing Company on or before 5 calendar days after Purchaser's receipt of Title Documents or aha fact,or
within five(5)calendar days after receipt by Purchaser of any Title Document(s)or endursement(s)adding new Exception(s)to the title commitment
together with a copy of the Title Document adding new Exception(s)to title.If Selleror Listing Company does not receive Purchaser's notice by the date(s)
specified above,Purchaser shall he deemed to have accepted the condition of title as disclosed by the The Documents as satisfactory.
•
(b)Matters Nut Shown by the Public Records. Seller shall deliver to Purchaser,on or before the date set forth in section 7,true copies of all
lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Purchaser ul I casements,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 pa r ty(s)has any
right ill the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).Written notice of
any unsatisfactory conditions)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_— May 8 ,19 92 .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 actual knowledge.
(c)Right to Cure. If Seller or Listing Company receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided
in subsection(a)or(h)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing.If Seller fails to
correct said unsatisfactory 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 June 22 ,19 92 ,or by mutual agreement at an earlier date.
The hour and place of closing shall be as designated by David Macy, Inc.
10. TRANSFER OF TIT LE. Subject to tender or payment on closing as required herein and compliance by Purchaser with the other terms and
provisions hereof,Seller shall execute and deliver a good and sufficient General Warranty deed to Purchaser,
on closing,conveying the Property free and clear of all taxes except the general taxes for the year of closing,and except ditch
assessments, if any ;free and clear of all liens for special improvements installed as of the date
of Purchaser's signature hereon,whether assessed or not;except distribution utility easements,including cable TV;except those matters reflected by the
7 irle 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.
II. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds
of this transaction or from any other source.
12. CLOSING COSTS,DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing,except as
otherwise provided herein.Purchaser and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate
closing and settlement services shall not exceed$ 300.00 and shall be paid at closing by 1 by Sellers and
`s by Pitrrhasers
13. PRORAI IONS. 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 continuingloan(s),If any,and ditch assessments, if any
• shall be prorated to date of closing.
Any sales,use and transfer lax that may accrue because of this transaction shall be paid by N/A
14, POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: date of delivery of deed
subject to the following lease(s)or tenancy(s): current farm lease, if any.
If Seller, effer closing, fails tot deliver possession on the date herein specified,Seller shall be subject to eviction and shall be additionally liable to
Purchaser for payment of S 100.OG
per day from the date of agreed possession until possession is delivered.
15. CONDITION OF AND DAMAGE TO PROPERTY. The Properly and Inclusions shall be conveyed in their present condition,ordinary
wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing,in an amount of not more titan
ten percent of the total purchase price,Seller shall be obligated to repair the same before the date of closing.In the event such damage is nut repaired
within said lime or if the damages exceed such sum,this contract may be terminated at the option of Purchaser.Should Purchaser elect to carry out this
contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and
Inclusions,not exceeding,however,the total purchase price.Should any Inclusion(s)or service(s)fail or be damaged between the date of this contract
and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)
or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser cover inn such
repair or replacement.The risk of loss for any damage 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 obligation 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(I)IS CHECKED,SELLER'S REMEDIES SHALL BE AS SET FORT II IN SUBSEC"I ION(I)
)SPECIFIC PERFORMANCE). lF SAID BOX IS NOT CHECKED, SELLER'S REMEDIES SHALL BE AS SET
FORTH IN SUBSECTION(2))LIQUIDATED DAMAGES).
O(t)Specific Perlbrmance.
Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall he forfeited and retained
on behalf of Seller,and Seller may recover such damages as may be paper,or Seller may elect to treat this contract as being in full force and effect
and Seller shall have the right to specific performance or damages,or both.
(2)Liquidated Damages.
All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter
he 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 arbitration arising out of this contract,the court shall award to
the prevailing party all reasonable costs and expense,including attorney fees.
17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Purchaser and Seller agree that, in the event of any
controversy regarding the earnest money and things of value held by 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 et broker's or
closing agent's option and sole discretion,may Interplead all parties and deposit any moneys or things of value into a court of competent 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 May 4 ,19 92 ,the physical condition of the Properly 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 he fore
May 11 ,19 92 ,this contract shall then terminate,subject to section 17.Purchaset is responsible and shall
pay fur any damage which occurs to the Property and Inclusions as a result of such inspection.
19. AGENCY DISCLOSURE. The listing broker, David Macy. Inc.
and its sales agents(Listing Company)represent Seller.The Listing Company owes duties of trust,loyalty and confidence to Seller only. While the
Listing Company has a duty to treat Purchaser honestly, the Listing Company Is Sellers 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, David Macy. Inc.
and its sales agents(Selling Company)represent; [IF THE BOX IN SUBSECTION(b)IS CHECKED,SELLING COMPANY
REPRESENTS PURCHASER ONLY, AS SET FORTH IN SUBSECTION (b). IF THE BOX IN SUBSECTION (h) IS NOT
CHECKED,SELLING COMPANY REPRESENTS SELLER ONLY,AS SET FORTH IN SUBSECTION(a).]
(a)Seller. The Selling Company owes duties of trust, loyalty and confidence to Seller only. While the Selling Company has a duty to treat
Purchaser honestly,the Selling Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW,PURCHASER
ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING COMPANY IS SELLER'S AGENT.
❑ (h)Purchaser. If the box is checked:The Selling Company owes duties of trust,loyalty and confidence to Purchaser only.While the Selling
Company has a duly to treat Seller honestly,the Selling Company is acting on behalf of Purchaser and not Seller.SELLER AND LISTING COMPANY
ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCHASER'S AGENT.
20. ADDITIONAL PROVISIONS:
1) Item ll3c: Loan to be obtained from United Bank of Greeley. This contract
contingent upon loan approval within forty-five (45) days of acceptance of
contract.
2) Item #8b: Sellers to provide a boundary line survey of Subject Property
prior to closing. If survey is not acceptable to Purchasers, Sellers and
Purchasers will have five (5) business days to reach an agreement on said
survey; if agreement not reached this contract will terminate.
3) This contract contingent upon Purchasers obtaining approval from Weld County
•
to obtain a Recorded Exemption, at Purchasers' expense, on Subject Property.
If said approval is not obtained within sixty (60) days of acceptance of contract,
this contract to be terminated.
4) This contract contingent upon Purchasers obtaining approval for availability and
purchase of two (2) Little Thompson domestic water taps.
5) One-half of Sellers owned minerals to be conveyed with Subject Property.
6) This contract is subject to review and approval of Purchasers' and Sellers '
attorneys. If changes are not presented in writing to the other party within
ten (10) days of the Agreemert being accepted, this Agreement shall continue
in force, as written.
21, RECOMMENDATION OF LEOAL COUNSEL. By signing this document,Purchaser and Seller acknowledge that the Selling Company
or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and
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 I7.
23. NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such
acceptance on or before April 23 ,19 92 ,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 xecuted a copy thereof,such copies taken together shall he
deemed to be a full and complete contract between the arti
h�•e, \m . D a . Pureh am O yon raele 1Date
210 North 111th Street, Lafayette, CO 80026
Purchaser's Address3
ITO BE COMPLETED BY SELLER AND LISTING COMPANY]
24. ACCEPTANCE/COMMISSION. Seller accepts the above proposal this day of ,19
Seller shall pay to the Listing Company a commission of %of the gross purchase 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.
John E. Minch
Miles R. Minch
sent, Vernon Minch, Jr. Date Setter Kathy A. Pulver Dare
Seller's Address
The undersigned Selling Company acknowledges receipt of the earnest money deposit specified in section 3 and both Selling Company and Listing
Company confirm the respective agency disclosure set forth i section 19.
Selling Company
David Macy, Inc. B 'n,turtl ct !/n.(1CtG[c__, �� 9
1960 Industrial Cr. , BC, Longmont, CO 80504 Sylvia Burback D"rI
Address •
Listing Company / 2
David Macy, Inc. By:
Address
1960 Industrial Cr. , TIC, Longmont, CO 80501 C Sylvia Burback Date
• •
REFERRAL LIST
NAME: Minch, c/o William W. Brack CASE NUMBER: RE-1423
REFERRALS SENT: May 22, 1992 REFERRALS TO BE RECEIVED BY: June 5, 1992
COUNTY TOWNS and CITIES
Attorney ____Ault
X Health Department Brighton
_Extension Service Broomfield
_Emergency Management Office Dacono
_Sheriff's Office _Eaton
_Engineering _Erie
_Housing Authority Evans
_Airport Authority Firestone
_Building Inspection Fort Lupton
Frederick
STATE Garden City
_Division of Water Resources _Gilcrest
_Geological Survey Greeley
_Department of Health Grover
Highway Department Hudson
_Historical Society _Johnstown
_Water Conservation Board _Keenesburg
_Oil and Gas Conservation Commission _Kersey
La Salle
FIRE DISTRICTS Lochbuie
_Ault F-1 Longmont
Berthoud F-2 X Mead
_
_Brighton F-3 Milliken
_Eaton F-4 _New Raymer
_Fort Lupton F-5 _Northglenn
Galeton F-6 _Nunn
_Hudson F-7 _Platteville
Johnstown F-8 Severance
_
La Salle F-9 Thornton
_Mountain View F-10 _Windsor
Milliken F-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
MEMORAnDU
W�`D�• Lanell J. Swanson
O To Weld County Planning Date May 28, 1092
COLORADO From John S. Pickle, M.S.E.H. , Director, E.P.S
Case Number: RE-1423 Name: Minch, Verno Jr. & John/Pulver, Kathy
Subject: c/a, ELalk, William W.
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 systems anc
shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
JSP/cs-1066
ttALrEr9UNI-
MAY 2 1992
U l--
Weld Court:Planning
... til hr il •
'VIII067891 DEPARTMENT OF PLANNING SERVICES
^rya ,5 PHONE(303)358-4000,EXT.4400
11 I Ile
91510th STREET O :,,,M ,* A IGREELEY,COLORADO 80631 ge e„,,(),,,,,,,,,,,,,„„
COLORADO ��,9r9� L4 f f I JON 1 1992
bl> ZZZi ��.
May 22, 1992 F. '.a , �
'le8, rr ,--r,Fa e^=err
CASE NUMBER: RE-1423
TO WHOM IT MAY CONCERN:
Enclosed is an application from Vernon Minch Jr. , Kathy Pulver, and John Minch
c/o William W. Brack for a Recorded Exemption. The parcel of land is described
as part of the N2 SE4 of Section 4, T3N, R68W of the 6th P.M. , Weld County,
Colorado. The location of the parcel of land for which this application has been
submitted is west of Weld County Road 7, approximately .25 miles north of Weld
County Road 36.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by June
5, 1992 so that we may give full consideration to your recommendation. Please
call Lanell J. Swanson 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. P.K 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. ease refer to the enclosed lette
Agency: �
Signed: r� g y: A- 4
77
Date: L-
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WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
(OZ ni/fy
STATE OF COLORADO )
COUNTY OF WELD )
The WELD COUNTY TITLE KNSURUCNt CX X)f3SXYA1KSXT
COMP -N7-hereby certifies that is 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 :
\La a 'aMel
CONVEYANCES ( if none appear , so state ) :
Pecs-pH-on—No . /424V- /&' / , Book /O
Reception No . /9477411473 ‘1 , Book .S.5":=5
Reception No . / `7Qf,i (n , Book 326
Reception No . ( cCJ/,3h �{ , Book ,-(19
Reception No . R//OC3_3V , Book )/(rif
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
WELD COUNTY TITLE COMPANY is hereby limited to
the fee paid for this Certificate .
In Witness Whereof , WELD COUNTY TITLE COMPANY
has caused this certificate to be signed by its proper officer this
!9'0 day of 1))CUS , A . D . , 19 672, at 7 :00 A.N.
WELD COUNTY TITLE COMPANY
COMPANY
By w � 4. i 4lea'G';
�UTi RIZED SIGNATURE C
• i
THAT PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 68
WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SE 1/4 OF SECTION 4,
TOWNSHIP 3 NORTH, RANGE 68 WEST, IN SAID COUNTY AND STATE, THENCE WESTERLY
2223 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION; THENCE 2035 FEET
SOUTHEASTERLY TO A POINT ON THE EAST AND WEST CENTER LINE OF SAID QUARTER
SECTION 670 FEET WEST OF THE SOUTHEAST CORNER OF THE NE 1/4 OF THE SE 1/4 OF
SECTION 4, THENCE EAST ON SAID LINE 670 FEET TO SAID LAST MENTIONED CORNER;
THENCE NORTH ON THE EAST LINE OF SAID QUARTER TO PLACE OF BEGINNING.
1( t rte 1+T°ty ',Ei t P .Jt� L ._.�J__ .._ -4..r.--,i,, +1r t
,r ' 1� . 'cifid 30 ,l x >^ ' - �..613S()
, ( saaK11. nc s
alias eda t i! • A2th 15P�
i
-• r,:4.3-tyrFJK1Yf t
Snow Au.3(no at Tens Pinar,.red
�1drk Yt 1, d.11 Wield
.sod Stow d Canna.
'Pt tae„emianad.l t eon fiedrwd ed dollars and
other valuable covidoration — Dias
J lard
'athe y. A... C..a•`r,01104 Yield ..w suns a Wesel.).
Oei Samba HSI pgnb,Sant as dr I • — Canary d -fold
. - eel ea dCatni.swat.' •IG;yYµ..
'
That'part ofthe'north halt (N}) of the southeast narter (SE}) of section four (It)
township three (3) north, rang, sixty-eight (68) Test o: the 6th P. 1., Weld Countm
Colorado, were particularly described as follows;
Bedming lit:the Ng corner of the southeast quarter (SE-)
of section four (h), township three O) north, range sixty_
eight (68) west, in said County and State, thence westerly .
2223 toot along the north line of said quarter section,
:% ' .thence 2035 feet southeasterly to a point on the east and
)0 4 `west retorter line of said quarter eection 670 feet west of 5(
Q . .•:.;;:;:'•the icutheast corner of the northeast quarter (tE)) of the
,.".;;:,'sosthsut quarter (.'.:}) of section four (L), thence east on
...t.';,.,n�i,bald line 670 feet to said last mentioned corner; thence
•,north m•t!e east line of said quarter to place of beginning.
' ` r•a--Nit'" . .... . •
Together nth all ditch and water richts in any way connected with or appertaining
b to said land including four (It) shares of the capital stock of the Mead Lateral
. Ditch Company, one (1) share of the capital stock of the Righland Ditch Company,
and four (h) shares of the capital stock of The ill.chianti Lace Lateral Ditch Company
and together with seventy-five (75) acrowfeet of water as allotted to the above
property by the Northern Colorado "Tatar Conservancy District.
Li. _ r Y_•
wMallth. -texamtas.taleaesri sow adman warn.lab*as any lien resulting from the
inclusion of said property in the Northern Colorado Water Conservancy District.
t• ,.
t �
g . 1111 1
tlt -"- t k l,jr
etsLi,wia,,,�ts, first cry December .AD.U5D.
- .e. t try (l.3♦.as pens _ _ MIX*. k_ (seat;
.rr 1143'401141))1aw 'e nt �A'�12eGa—_(eLAL)
y.ly. l 1.�'" t
r
a t 4:' ''If *�i �' ;;` - _r. tasatl
1M 's 'F� ,.� ;tt �41rr?
h'9 r fir.. t ' . la
`Ship,� .W.° �. yr. 111
`,� . tF�t" yvr;{ 1Yv'.y'{�iy_I&besasst fourth dal d December .
I• ,.± } / .� 4 t F 1 .'�YStmt ;Slowe
I 31fA�33' i�i:YJ I:.t 4 :jet
: ,,,4„,k,
,. r ^s•amierT J►,j951u• i:> „ .Y�[/J�� t,Jr.«Y
�� rrJ rA 1 -,;e t 1 d :929%} ,7t;.
•�II l r f
rr 1 r,�y.', Y f t e e li u.y�y..11t. JI ,A., le-4 sift t.la
I. )m y t •e',gt NaU ,i�. a r r7C•t ,"lq Yw-eY' . :V .:
cif~ „l '' '� ' fl 'l ,, ,IL.,d�1`:._.;;;;, f.;cY1-7•44,Itf�'..::`;.,3,.. . . ..
C. S1Ya�7i�ariswl a h3:Ysndtk.dte t nwnand.s ratl I.F.it ti , r-
i�r�'Yy;^ 9s«:�./�;$�iC ow.wnse...r.erma..a+rc
r ) -� —ft• easa.a ...., 'a;is.y.; ..
SC Ssf.V.ad>lerils "'•1"'MII�-:M:a `'�—Yet e.:`Jet i�+.u+t...1 xw.w rue«-.n�.—
r" jilt JAN 3 1979
aaac.drd at o'clock
1'777,183
855 "' ci
3.1
Staved do Colora . Wald Coollydwkm& Rad,r
1
DEED OF DISTRIBUTION
I
8T
PERSONL REPRESENTATIVE
(INTESTATE ESTATE)
9
,1i -0 THIS DEED is made by John R. Minch as Personal Representative
1tia .4
o of the Estate of John Minch, deceased, Grantor, to Katherine Minch, whose
c
' ''' address is 1032 Emery, Longmont, Colorado, an undivided one-half interest;
Vernon Minch, whose address is 1166 North Mad?•nn, Loveland, Colorado,
;�^ � tI Edward Minch, whose address is 17072 Weld County Road, Mead, Colorado, and
r-' John R. Minch, whose address is 609 Independence Drive, Longmont, Colorado,
,, an undivided one-half interest.
a►' WHEREAS, John Minch died intestate at Longmont, Colorado, on
n.ft
-
I , February 11, 1978;
a- .p.,
WHEREAS, Grantor vas duly appointed Personal Representative of
l said Estate by the District Court in and for the County of Boulder, and
State of Colorado, Probate No. 14823, on February 28, 1978; and is now .
B
t
qualified and acting in said capacity; and ..
WHEREAS, the Grantees are determined to be the persons entitled
'l1
1to distribution of the hereinafter-described real property, and Grantor
i4'
-pa -,- is authorized and directed to distribute the same to Grantees.
NOW THEREFORE, pursuant to the powers conferred upon Grantor, by
•
fi Article 12, Sections 711 and 907 of the Colorado Probate Code, Grantor ,
4
" sells, conveys, assigns, transfers, and releases to Grantees the following
744
real property in Weld County, Colorado.
Bep1C - •that part of the NW% of Section 9, in ship 1 North, 1777483 !Y
v ocC of Range 68 West of the 6th P.M., Weld County, Colorado, described as a
t, 855 follows: Beginning at a point on the Section line 939 feet East of
- � the Northwest corner of said Section 9; thence South 301 feet along'the
A East line of the public highway running North and South through said At.'
9 quarter section, thence East 296 feet; thence South 212 feet; thence rli
West 161 feet; thence South 198 feet; thence West 135 feet to the East
71
line of said public highway; thence in • South and Southwesterly �i�'
direction along the east line of said public highway to the Northwest
corner of what is commonly known as the "School House Lot" as described 1;
It_
in Deed recorded in Book 43, at Page 505, Weld County Records; thence Ie'
:4 South 74 feet; thence East 7 rods; thence South to a point on the ,h`'.
South bank of the outlet ditch of the "Highland Lake Reservoir" 332y
r feet North of the South line of said NW% of Section 9; thence following
'? the South bank of said outlet ditch and running in a Southeasterly direction ��C`
until it reaches a point on the South line of said NW% of said Section 9; E1
'� thence East along the South line of said NWc of Section 9 to the South— t
'i east ,corner thereof: thence North along the East line of said NWt of e.
A said Section 9 to the Northeast corner of said NWc of said Section 9; w'
7+ w:'
thence West along the North line of said NW'% to the point of beginning;
1 Except casement for right of way as conveyed by Instrument f;['
',II recorded in Book 894, Page 392, Weld County Records. L
.A Exceptparcel of land as conveyed by Deed recorded in book
' 1,382, Page 620 and corrected by Deed recorded in Book 1,424, Page ':A
tf' 526, Weld County Records. zI
F;:
Except reservation as contained in Patent recorded in book y
20, Page 357, Weld County Records. And „„i
_s M
z
1 Beginning at the South quarter corner of Section 4, Township W;,
t
'� 3 North, of Range 68 West of the 6th P.M., Weld County, Colorado, thence {{
f running West on section line 1,203 feet; thence North 150 feet; thence r3
West 150 feet; thence North 180 feet; thence West 459.3 feet to pin in
center of highway leading around the east side of a lake known as '_
2. Highland Lake; said pin also marking the northwest corner of a lot now ;1a
owned by R. S. True; thence North 8' West 92.4 feet to an icon pin at tf,i!
i intersection of the centers of three branching streets; thence North r
60' and 30' West 128.7 feet to an iron pin in center of street branching X',r,
westerly, said pin also marking the southeast corner of a lot now owned
by the Highland Lake Hall Ass'n; thence North 13' and 30' East 139 feet
to the northeast corner of said Hall Ass'n lot; thence South 76' and F;.
10' East 110 feet to an iron pin in the Center of street; thence North _ a_
735 feet to an iron pin on the north line of the 51/2 of the SWc of
Section 4; thence South 87' East 1,802.4 feet; thence South 1' and 45'
Fast 1,336.5 feet to point of beginning;
Excepting right of way as conveyed by Deed recorded in 1r.'
Book 894, Page 395, Weld County Records. j:-,'. .
That portion of the SW% of the SWc of Section 4, in Township 3 y .
North of Range 68 West of the 6th P.M., Weld County, Colorado, described '
as follows: to-wit: Beginning at the Northwest corner of said SWIG of .
sot of said Section 4, and running thence due South 238-3/4 feet; thence41
due East 208-3/4 feet; thence North 238-3/4 feet; thence West 208-3/4 feet
to the place of beginning containing 173 rods. fr
3�, �
Also that portion of the SW% of the SW% of Section 4, in [�f;:
Township 3 North Range 68 West of the 6th P.H., Weld County, Colorado, g'`^'-
described as follows to—wit: Beginning at a point on the West line of said f''�'
Section 4, 10 chains and 11 links north of the Southwest corner of said lOg
i'n- .
Section; thence North along said Section line 6 chains and 39 links; V17.
i._
thence East 208-3/4 feet; thence North 238-3/4 feet to the North side of Sc
highway; thence East along the North side of said highway 633 feet to the 5Re :
center of a highway running in a southerly direction; thence southerly t..
along the center of said highway 735 feet to a point 110 feet south
76'30' East of the Northeast corner of the lot owned by the Highland ':='t••
Lake Hall Association; thence North 76'30' West 210 feet to the Northwest : ,
corner of said lot; thence South 13'30' West 125 feet to the center of a Rty
highway running in a westerly direction; thence North 76'30' West along 1,
the center of last said highway 9 chains and 68 links to place of ,1
beginning, containing 13.07 acres more or less.
Ur
.'-!1"
(a) A p 1 of land lying in the Northeast k of Northwest 1'7'7'7,18
OveJk of Section ownship 3 North,.Range 68 West of the P.M., Weld k
County, Colorado and described as follows: Beginning at a point at 3 .3
the Northwest corner of the Northeast It of the Northwest k, said point ti
r
being the true point of beginning, and running (1) along the North ,i
line of said section 8 North 89'59'15" East 112.00 feet to a pin and
cap, thence (2) Southerly 1130 feet more or less to a point on the +
in
south line of said Northeast It of the Northwest It of Section 8, thence ..
(3) along same South 89'16'55" East 101.00 feet to the Southwest corner r•
of the Northeast k of the Northwest it of Section 8, thence (4) along - (c
the west line of said Northeast k of the Northwest it North 00'05'22"
West 1,329.32 feet to the true point of beginning. Containing 1.6
acres of land more or less.
(b) A parcel of land lying in the Northeast It of the Southwest It of
Section 8, Township 3 North, Range 68 West of the 6th P.N., Weld County, r�
Colorado and described as follows: Beginning at a point at the North- •r'
west corner of the Northeast It of the Southwest k of Section 8 said
point being the true point of beginning, thence from said point of true A '
•
beginning running (1) along the North line of the Southwest k North c:..
89'54'35" East 71.00 feet, thence (2) Southerly 1331 feet more or less , i.'
to a point on the southline of said Northeast It of the Southwest k of 1i.
Section 8, thence (3) along same South 89'55'18" West 50.00 feet to l
the Southwest corner of the Northeast It of the Southwest It of said
Section 8, thence (4) North 00'05'22" West 1,330.57 feet to the true \,
point of beginning. Containing 1.9 acres of land more or less. ' y.
(c) A parcel of land lying In the Southeast It of the Northwest It
fl
of Section 8, Township 3, North, Range 68 West of the 6th P.H., Weld
County, Colorado, and described as follows: Beginning at a point atr:
the Northwest corner of the Southeast It of the Northwest k of said hp
Section 8. Said point being the true point of beginning, thence
from said true point of beginning running (1) along the Northerly .,.,
line of said Southeast k of the Northwest It North 89'56'55" East 4'
101.00 Feet to a pin and cap, thence (2) Southerly 1,330 feet more or y
less to a point on the South line of said Southeast It of the Northwest ' .,
k of Section 8, thence (3) along same South 89'54'11' West 71.00 feet „�„.
to the Southwest corner of same, thence (4) North 00'05'22" West jjt�'�4..
1,329.12 feet to the true point of beginning. Containing 2.6 acres of ;;
land more or less. •p..';
The Sit of the SEA of Section 4, in Township 1 North, of Range
68 West of the 6th P.M., Weld County, Colorado. And "*(
That part of the hit of the SEk of Section 4, Township 3 North, r sS^'
Range 68 West of the 6th Y.M., Weld County, Colorado, more particularly
described as follows: Beginning at the northeast corner of the SEk of t'
Section b, Township 3 North, Range 68 West, in said County and State, .-•,-
->7.- - .
thence westerly 2,223 feet along the north line of said quarter section; T.
i
thence 2,035 feet southeasterly to a point on the east and west center yT. "
line of said quarter section 670 feet vest of the southeast corner of
"'. ;
the NEk of the SPA of Section 4, thence east on said line 670 feet to ,ail
said last mentioned corner; thence north on the east line of said T` , '
quarter to place of beginning, 'J.*
4.:
with all appurtenances. ,
s`.r...
Wherever used herein,, the singular shall include the plural. $ ,:�
Executed N'o)(yin,ke✓ I , 1978.
r
as ersonal Representative of the
tate of John Minch, Deceased.
STATE OF COLORADO ) ss. The foregoing instrument vas acknowledged before
COUNTY OF BOULDER ) me this 1st day of November, 1978, by John R -
",����••,., Minch as Personal Representative of the Estate
.-1: ,,,...,dLIo of John Minch, Deceased.
2:- •".-',i..5,O� J ,, WITNESS my hand and ffici1`/s 1, 'a ,
S 2: .c'�S. G
to: *' = •; 1, ; / Not 'Public.
":. �O a ..' '/ My commission Expires Aug. 754979. rt^iL :
VV
Li pool' R at S, __oet«kO._a.. — L 151'5 I. '
• Yryy r,p� p JUL 1
I (V E3 5_ Rerep so.. it' •5 586— ( y_ Recorder.
•.
d
_.._. - ' �AIOrEd0
e -- _ -. _�� -Wald � . . _
l KATHERINE MINCH
17.; i whose address is 1032 Emery, Longmont
I, County of Boulder .and State of
;
l 1
gy L.•••L.•••p :,I Colorado .for the consideration of
1!3 Dollars.in hand paid.
co
'4,74 CU
sti LrN hereby solll st smd quit clni mist to VERNON MINCH, EDWARD I
11 a MINCH and JOHN R. MINCH, I
'?!'', r- whose address is 1166 N. Madison Avenue, Loveland
ln"t. f'ounty"f Larimer .and State of Colorado .the following real
dli in property.In thy County 4 weld .and State of Colorado.to wit:
1yt
N
1j<i O
7.1.j
� The S1/2 of the SE1/4 of Section 4, in Township 3 North, of Range
a 68 West of the 6th P.M. , Weld County, Colorado; and
F
c,^ That part of the N1/2 of the SE1;4 of Section 4 , Township 3 North
N Range 68 West of the 6th P.M. , Weld County, Colorado more particularly
.-t described as follows:
Beginning at the northeast corner of the SE1/4 of Section 4, Town-
p - ship 3 North, Range 69 West, in said County and State, thence
rsl c i westerly 2,223 feet along the north line of said quarter section;
N thence 2,035 feet southeasterly to a point on the east and west
center line of said quarter section 670 feet west of the southeast
corner of the NE1/4 of the SEI/4 of Section 4, thence east on said
line 670 feet to said last mentioned corner; thence north on the
' east line of said quarter to place of beginning.
'r
1 1
L
:
e (Actual consideration less than $100.00--estate settlement.)
i
I
I
with all its appurtenancesif
3 4,
Signed this 2nd day of July .1979 Fl
▪ J
7-▪ , KATHERINE MINCH
it. STATE O F CO LO R A DO. l
T+i County of Boulder i
T.',1 The foregoing instrument was acknowledged before me this �e�.v•-•J_
q' day I oir,. '4,1� .1979 ,hy Katherine Minch. .
tl... ..... •• L
•.:SIT Soti sstidn aspires �, //1<i l
'. ar ti• •itrleiss i-tIghd:and official seal / :/;- '
/________.----1 /
5 '
t..
p .___ .,-wiar.+aP li,hinir.r:or . -,,i5tr. t.R-
- 1a ca F.- OW rl Ur!PFT.n_cR ! rAl....d ,M1vo.Frti ii-I'it
BCO$!J R.ror /180136.9..e,",_14.. r AV u.l'7 IJJ ._ ..—_....
. •
I r\i N...rr.,a s... /--/ - - .. eL._td-County. Gotora�o..
t
EDWARD MINCH and JOHN R. MINCH
y whoa.•uddre..a 609 Independence Drive, Longmont
`
- I Counlyof Boulder .and State of :
1 I
Colorado .for t he consideration of ten dollars and 1
i r;•
1 other valuable consideration lldbaz:m hand pant
o
1� hereby nellytr and quit elaim0l)to VERNON MINCH
I
I - a whore adilnssi! 1166 N. Madison Avenue, Loveland ' ----
.. (•wont'of Larimer .and Slate. f Colorado .tee follnwn,s real
3y 0
y Property.Ire the r'ountr..1 Weld .and Stair u.•'n:rrail.,.O.wit;
9
4 .y
The S1/2 of the SE1/4 of Section 4, in Township 3 North, of Range 68
• 0
-9 o West of the 6th P.M. , Weld County, Colorado; and
That part of the N1/2 of the SE1/4 of Section 4 , Township 3 North,
.≥ Range 68 West of the 6th P.M., Weld County, ^-clorado, more
r— particularly described as follows:
tz ^.' Beginning at the northeast corner of the SE1i4 of Section 4, Township
• `3 3 North, Range 68 West, in said Ccunty and State, thence westerly
1 2,223 feet along the north line of said quarter section: thence
2,035 feet southeasterly to a point on the east and west center
line of said quarter section 670 feet west cf the southeast corner
of the NE1/4 of the SE1/4 of Section 4, thence east on said line
*• 670 feet to said last mentioned corn=r; thence north on the east line
1i of said quarter to place of beginning.
I - k
i I.
t
. The actual cash consideration for this transfer is less than 5100.00.
1
a0fakauewxxxxwxx:tsNY.n%xxx
with sill its appurb•nanrr..
S!c,:rd!Ills 3rd 1I:r. ,r July ”J9.
EDWARD MINCH •
i—ll,.n,../ 'jn, •.c-�
JOHN R. MINCH _
i .
sTA'lE( yl'nit,RAnn. .
1 ..
t ,.untv,.1 Boulder �,
1 The G.r..p4 .ine'In Ftr•IMPtlf Wit!arkri..`.,40t..l l“•!..,v m.•this
A ) .
; ,1;,..„f , I. ) .H079 .hr Edward Minch and John R. Minch.
•i
I -, !'`.
My oonnn,.c+Ion expin•s ,ir • - ,
I 1\lino.,. my harm:u,d„ffic,al "-al •
- '
I Any•.:,'; .
1 •
,. o:• .
I ., ' . a -
,
1Tf 'ci 1 -
I OF -
\n,P9M. ,art n.an urn._-e..r r... n.+r•.n nn ••c.r• ,^, r. - • o- .... ,.....,. mn
• U 1166 RE•2110033 08/ 11 /87 08: 23 •::3. 00 1 /001
F 0896 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
ARc'1IUUtJ DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE F.
THIS DEED, made by VERNON MINCH, JR. , as Personal Representative
of the Estate of Vernon Minch, a/k/a Vernon Eugene Minch, deceased,
GRANTOR, to: John Minch, Vernon Minch, Jr. , Kathy Pulver and Miles Ray
Minch, as tenants-in-common, c/o Vernon Minch, Jr. , 2403 Weld County
Road 36, Platteville, Colorado 80651.
WHEREAS , GRANTOR is the qualified Personal Representative ,
Probate No . 86-PR-196 , Boulder County , Colorado, by Letters
Testamentary dated May 26, 1986, and
WHEREAS , GRANTEES are entitled to the distribution of the real
property located in the County of Weld, State of Colorado, to wit:
The S 1/2 of the SE 1/4 of Section 4 , in Township 3 North, of
Range 68 West of the 6th P.M. , Weld County, Colorado, (Gately) AND
That part of the N 1/2 of the SE 1'/4 of Section 4 , Township 3
Nortn, Range 68 West of the 6th P.M. , Weld County, Colorado, more
particularly described as follows:
BEGINNING at the northeast corner of the SE 1/4 of Section 4 ,
Township 3 North, Range 68 West, in said County and State, thence
westerly 2223 feet along the north line of said quarter section:
thence 2035 feet southeasterly to a point on the east and west center
line of said quarter section 670 feet west of the southeast corner of
the NE 1/4 of the SE 1/4 of Section 4, thence east on said line 670
feet to said last mentioned corner' thence north on the east line of
said quarter to place of beginning. (Adler Place) .
Together with 80 shares Highlandlake Reservoir Company, 2 shares
Ish Reservoir Company, 1 1/2 shares Highland Ditch Company, 5 shares
Highlandlake Lateral Ditch Company, 2 shares Boulder & Larimer County
Irrigating and Manufacturing Ditch Company, and 60 units allocated by
Northern Colorado Water Conservancy District.
(This is a deed of distribution. Actual consideration is less
than $500.00) .
THEREFORE, GRANTOR conveys, assigns, transfers and releases to
GRANTEE the real property�/ with all appurtenances and water rights.
DATED this .” / day of July �.1987 . Q
VERNON ON MIN H, JR. as Personal
Representative o the Estate of
Vernon Minch
STATE`Q "t'OLORADO )
. ) ss.
COUNT,k.dt BUU,i-._ )
a�yu� ed and sworn to before me on July Z4 , 1987, by Vernon
Minch Personal Representative of the Estate of Vernon Minch.
�f�c•''aommleS�ion expires: CI Cie
OF fob
Notary Pu lic
• �xh bi+ C
LITTLE THOMPSON WATER DIORICT
DIRECTORS. `eleonone 532-2096
E.Thomas Ricord April 23 , 1992 307 Weeiccn Avenue
.rpsGlenn
dI G Berthoud.Colorado 80513
Glenn AI Gibson
Leo Bevel
K etn Croonoulsl
Tom Reynolds
Dean Anderson
Carey J.Salomonson
MANAGER:
Ricnaro H.H.Whillel
Mr. Bill Brack
3210 North 111th Street
Lafayette, Colorado 80026
Re: Service Commitment
Dear Mr. Brack;
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water service to
property described as follows:
A parcel of land approximately 47 acres in
size located 1 mile north of Mead Colorado,
which is proposed to be divided into 2 tracts.
Further, this property is said to be situate
in the North 1/2 of the SE 1/4 of Section 4 ,
Township 4N, Range 68 West of the 6th
Principal Meridian in Weld County, Colorado.
The request is for two (2) standard 5/8" X 3/4" residential
water taps (one per lot) .
We currently have an 8" diameter water line located along the
east side of Weld County Road 7 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot with the following conditions:
1. All improvements to District facilities required to
provide service will be the financial responsibility of
the developer in accordance with District Rules and
Regulations. All improvements must conform to District
Specifications.
•
April 28 , 1992
page two
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date.
The current fee for the above described water taps is
$4 , 000. 00 (each) and is subject to change without notice.
If you have any questions, or should you need additional
information, please contact our office.
Best Rega ds,
_ . Y � \ s.
Barry Dykes J
Operations Manager
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