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Home My WebLink About930480.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1500 - BALDWIN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1500, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1500 was submitted by Joe L. Baldwin for property which is located in part of the SW* of Section 6, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 3 acres and 2.5 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11. 7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. 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. 3. Prior to recording the plat, the applicant shall submit evidence that an ISDS evaluation has been completed by the Weld County Health Department on all existing septic systems. 4. An Individual Sewage Disposal System must be located at least 100 feet from any well or surface water source. 930480 RE: RE x/1500 - BALDWIN PAGE 2 5. An Individual Sewage Disposal System (ISDS) Permit must be finalized and approved by an Environmental Protection Specialist within one year of the application date. 6. Water supply for smaller parcel shall be provided either by Left Hand Water District or, if by well, additional irrigation water must be permanently dedicated to supplement in-house well. 7. The following note shall be placed on the recorded exemption plat, prior to recording: "A Flood Hazard Development Permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. " 8. Prior to recording the recorded exemption plat, the applicant shall present to the Department of Planning Services' staff an access agreement and/or deeded easement providing access to all properties which are the subject of the recorded exemption and the two immediate properties to the north. The recorded exemption plat shall show a 30-foot access easement for proposed Lot A along the north side of proposed Lot B. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D. , 1993. / / I i BOARD OF COUNTY COMMISSIONERS ATTEST: /i9 4/ / WELD COUNTY, COLORADO / uvHt IV f /7 Weld County Clerk to the Board -r c..- 1neAL.1 74 </- Constance L. I- rbert,l Chairman M 4 ] 12 17 BY: /2/S� � i L 4 "-'.r7 '' ' `f Deputy Cle to the Boat W. H. Webster, Pro-Tem APPROVED AS TO FORM: ,� I/,�.-. ,�J,� /1a.� George/t. Baxter 7-7 EXCUSED DATE OF SIGNING (AYE) County Attorney Dale K. Hall }J Gsfeht-e-J�z Barbara J. Kirkmeyer U 930480 74(Ti ‘er DEPARTMENT OF PLANNING SERVICES t PHONE (303)353-3845, EXT. 3540 WI WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. O17RAAVENUEO631 COLORADO 80631 COLORADO May 26, 1993 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Subject: Recorded Exemption ##1500. Dear Commissioners: This request for a recorded exemption is submitted by Joe L. Baldwin. The parcel of land is described as part of the SW4 Section 6, T1N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1.5 miles north of the Town of Erie on Weld County Road 1. This request is to divide a 5.5 acre parcel, which is the total contiguous land holdings of the applicant, into two lots of 3 and 2.5 acres, more or less. The applicant proposes using either Left Hand Water District water or utilizing an existing well on the 3 acre lot and drilling a new well for the 2.5 acre lot. However, the Division of Water resources indicated a new well would only be permitted for household use. The applicant does have 5 shares of Big T irrigation water which could adequately service the exterior needs of the proposed 2.5 acre parcel. Both parcels will be served by septic systems for sewage disposal. The staff has concerns that the proposed division will be inconsistent with efficient and orderly development. The parcel in question is one of three parcels which are immediately south of Westview Estates Subdivision. These parcels are consistent in size with the subdivision, but are outside the development. Further division of these properties may evade Weld County Subdivision Regulations. The staff also has concerns about the proposed access. Both proposed recorded exemption lots, as well as the other two properties to the south of Westview Estates Subdivision, have a shared access, but apparently no deed to indicate easement ownership. The applicant has indicated he will provide an access easement to the proposed 2.5 acre lot. No deed of access ownership has been submitted by the applicant. g3G4tC Board of County Commissioners Recorded Exemption 1500 Page 2 The staff requests that the Board of County Commissioners consider the application and determine if adequate water and access is available for both proposed lots, and most importantly, if the proposed recorded exemption is consistent with efficient and orderly development. Sincerely, Greg Tgompson Current Planner 9Z04!]0 CONDITIONS OF APPROVAL Joe L. Baldwin RE-1500 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. 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. 3. Prior to recording the plat, the applicant shall submit evidence that an I.S.D.S. evaluation has been completed by the Weld County Health Department on all existing septic systems. 4. An Individual Sewage Disposal System must be located at least 100 feet from any well or surface water source. 5. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 6. Water supply for smaller parcel either by Left Hand Water District, or if by well, additional irrigation water must be permanently dedicated to supplement in-house well. 7. 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(22: ` L-• _ I11. x• •, zr I z '> •I•° >o •0'1za ly 27' v L,I27._. 2. 3213,2•21: y��•r> E • 1 x> x� 1'� 21• C 1 35 Id 34 f ,.a ••❑ —) • 1 aASE •° I ( . p . r� • . , :�... 1 lair, ' i�,�°°_ , • I•.• RI 3° l °CO / 17/'x' ❑ a I) 3 d I N '4. �-.F,.. ------ I F _ \ 1 0ccw ADMINISTRATIVE REVIEW FLOW SHEET CASE # K6-/-60(.) APPLICANT: J Qc. d! ci REQUEST: A i 43-:-- ` �`�{�(�� / � A (/jri 44-L✓�ci) 2rry LEGAL: $ — ( - 6 LOCATION: / /Z �'�(�� ✓'d�i� of Date By Application received /://7-',/? 3 rte�', 7 Application complete Letter to applicant drafted Z c) �) Referrals listed r-- File assembled / T2/92) Letter to applicant mailed Referrals mailed 71f.g4-3 q/�93Chaindexed ,/ �,h p DPS recommendation drafted .6/-24 (1 3 0 I Administrative Review decision: History card completed COMMISSIONERS' HEARING DATE: Date By Air photo and maps prepared . 2 `713 7--- Field check by DPS staff / / CC Action: CC resolution received History card completed Recorded on maps and/or filed t�' -Q 3 A oci if _ . Application for Recorded Exemption Submitted By Joe L. Baldwin Property TABLE OF CONTENTS: Application for Recorded Exemption 1 Deed of property prior to split (1966) 2,3 Deed spliting current parcel (1966) 4 Deed due to death of previous owner spouse (1987) 5 Deed of trust (loan?) 6,7 Warranty Deed selling to Mr & Mrs Stieben 8,9 Contract to sell to Joe Baldwin. 10-16 Certificate of Conveyances 17 Water supply letter 18,19 Responses to questions 1-18 of the process. 20-22 Graphic of the property (question 17) 23 This application is being submitted by Joe Baldwin, contracted purchaser. All parties involved, including the Stiebens (the current owners), seller and purchaser real estate agents, and the lending institutions are fully aware of all aspects of this proposal.--Copies are being supplied all for reference. 9:10 180 APPLICATION FOR RECORDED EXEMPTION PHONE: 353-3845, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE 7, • CASE NO. j FjC-(SL. c RECORDING FEE c,-YJ (' O I/ OR 0 ZONING DISTRICT 72.1 STRICT RECEIPT NO. /197;7'7 y y lyys ) DATE /Z 1 APPL. CHECKED Bi i TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN THE SW 1/4 OF THE SW 1/4 OFSECTION 6,TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE 6TH P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the SW conterof said Section 8: thence North 300.36 feet along the West line of said Section e;thence North 89 degrees 58 minutes East 860.39 feet,parallel to the South line of said section 6,to epolM on the Westerly right of way line of the Burlington railroad;thence Southwesterly along said right of way line 326 feet,more or lees,to a point on the South line of said Section 6;thence South 89 degrees 58 minutes West along the South line of said Section 6 a distance of 733.8 feet,more ororrII es to the point of beginning,Weld County,Slate of Colorado. TOTAL ACREAGE: 5—S 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 1( No FEE OWNERS II FGA OF PROPERTY: Q Name: C- Flav- y C S-1 / E / 8UtNn4 /p. Sfi / E/3E I Address: SCiSO 14--t°1Eu-1,� (J7 K651 Phone: .g Z.? —p 4 C-D tf7 Name: L E- L e /3/- D /.v' C Lb A!'Tibk•-e '-e/7 J o I U v z112 Lc) , lv(Giik.Ca. az-i • Address: 1,1.; 7� ✓E � �O 8o 2-3 Phone: 3G3 -43.-3 Z J� Name: L}(pS [/E 3y R n 1, 13 `30/ 3 w02I� Address: Phone: WATER SOURCE: Larger Parcel cUELL / Uf7c-44 Smaller Parcel /,UEL J_I puorCL/fl tick OF SEWER: Larger Parcel SEPT-1( _ Smaller Parcel S 61)T-/L PROPOSED USE: Larger Parcel cESI r) Smaller Parcel CO/ (6 ACREAGE: Larger Parcel Smaller Parcel 2.5 EXISTING DWELLINGS: (Yes or No) yEs (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 ) STATE OF COLORADO ) Sigxyat!ure: Owner or Authorized Agent Subscribed and sworn to before me this 04f day oil` / / , 19c/i3 (SEAL) lr : Ne-t ry Publ My Commission Expires /- CD Recorded at d-'o'a,:k_C-L-M. rtd 1 7 196E reDdon No. I.C. less _„_raw,.. t He v _. b ,�dar . ',. • ' Taus Dam, Made this 11tt day of February . v ' In the year of our Lord ow thousand nhw d d hand: and sixty-six i _ .. b.twe m • I MIC$AEL JAMES and LUCILL : JAMES c of ths - Oa,ty of Boulder and state of Colorado,of L.a first part,and N ' ROBERT S. OVERTON and HE ,EN J. OVERTON .. ' of the CR Ivey of Boulder 0 o - and State of Colorado,of the second Dart: - ' wCDNF98L?H,That the said yartie9 t'the first part,for and in consideration oL the ems of • N Ten Dollars and other valuable considerations r:- to the said parties of the flat part in hat I paid by the said parties of the second hereby confessed and aelmowi pert,the reepre Ipt whereof la m .died,be ve i ranted,bargained,acid and conveyed,and the. _ Wconvgnat,bargain,nail,conheirs Pn mats do ey and confirm unto t a said parties of the second part,their and emit as forever,not In tenancy In common bet in Joint tenancy,all he fallowing described lot or penal.. of Jaye,signora,'Ong .°and being te the County et Weld f A t— sad Stet.of 'Colorado,to-wit: - The SW+, and the Si of the NW; of Section 6, Township 1 North,,Range 68'West • i of the 6th P.M., Weld County„Colorado;;.• t.. EXCEPT tracts of land as conveyed by Special Warran ed recorded'in 1 Book 1551, Page 531, Weld County Records and by y Quit Claim-Bired recorded under Reception No. 1440776, in Book 519, Weld County Records;.and EXCEPT • : the right of way of The Chicago, Burlington and Quincy Railroad Company as" conveyed instruments recorded in Book 86, Page 387, Weld County Records /and Book 97; Page 46, Weld County Records; Toget her with 5 shares of the capital stock of The Consolidated Lower Boulder >'°Reservoir,:and Ditch Company and.4 shares of the capital stock of The Erie , of St -Coal Crook Ditch and Reservoir Company, and an allotment of 200 acre-feet of• water from the Northern Colorado Water Conservancy District; and any and all j. of the Grantor's right, title and interest in and tc the artesian well located on ..the SW} NW of said Section 6,3'. 1 N,, R. 68 V . of the 6th P,M.i;,3eld. •County, Colorado. ..--% A • 1 -•e ei _. ,tines t _ I yf..ertt❑ iE i:Jijtvo_ o - 5.. IBI.r:{R: ...�... . ES • Di-----"e2 P LL q-0 SRc� OFEYlsriA4 S SAaiceS • . . • TOG£IrIER with ell and angel.: the hereditament' and appurtenance@ therrnato belonging, or in anywise apperteinin,:, and the reversion and rsvnainne, remainder and remainder; rents, Issue@ and profits thereof; end all the estate,righ•' title,interest,claim sad demand whatsoever of the said parties of the tint part, either in law or smut y,of, and to the above bargained premises,with the hervditamenta and appurtenance@. Me. yen WASaY,T' Dstn—r.Lehr t, a �a.,ues.aWr',mime frwr°tnau nun so—c,0.e,...1•Wm•r 930 iAn .). .v.,; TO RARE AND Tr ID the t �~;shed prouder above baryslaed l reef doaribd,with the said parties al the sr .art, tudi balm and migns former. ad th. said 'thsasne -pat,for .•4-:.-..^14,•• 1 ^1)a : parties. gram the O5pt part, fur : LheilSdreH.tllBaY mum.esae.tsn,sad.dmlWte.tord. d <eveaaat, prml 4arga14.�:aQaa.4 -' ,�� sad with the add peek..any eamea pert,their biro and assign that i.t the time of ti welts sad d.R.si :• of them presents,they are well seized of the psemhes aho .esav y.d.ea of gee ,etire,perfeel,absolute , and Indefeasible estate of Inheritance in law,in fee simple,and d d hay . go, right,full po sr and lawful entbodb 4,. a to grant,ba+i.14 swap the and sa the same In manner and form afore aid, saddee d,en I that th t sem. are free sad r from ':-, IANANAI all fernier end other grants,baryalna,tale.lien taxed.eeee.emnvl tnd i,=brim's*d 'utterer Had or'Mtn .Darr. except for easements and restrictions o: recc rd, arid su eject to the 1966 ti ta>:es which the parties of the second part asst me and agree t pay; u MN fd • :I and the above1—ba'rrelnpowered premises le the quiet and peaceable per on of t r said t artist f the second part, their M • heirs and satins,trainst all and every Dereon or poems.lawfully el dining'rte claim the. bole or any part shaewf, the said➢erdes of the first part shall and will WARRANT AN:a PORE MR DEPEND �I IN WITNESS WHEREOF.the call parties of the fint par have berme to set their hands and sesi a the day and year fleet above written. 5 1 Signed,Seeded and Delivered ded Presence e[the Prn . a� f 3 ._ �.,/f}'1(./✓ (SEAL] •.. • —.—._.._. .__--r—(SEAL] STATE OP COLORADO, 1 .' 1K. . 'Cou.ty of Boulder _ _ ?,\4.r.. s}C Fptrimmest wax acknowledged before me this 111?t dry d FehrOar',y ii i,ei 1 •L � 1 f haelJ es.and Lucille James. .. . 'I 17:7( 7: �(� r3 .11�9 . xitnw u my l I and officialofficialgel. • . e ? K f • . 5 r L..- ‘— ::::. 1 • 'If hr 5hr sotorY saw se oaar ban best rem r ilea,Ifbr wwww.ail,a,me....rho.r emn,t reesw w m etr.sw+rt lbs.bat man(raw as Senior,esanTYnr w oar math?,r WI 1Y.,if l.r*Mow of aw,r.tnn.Us Yowl tax,t V .new or*Moon.myth.e.-4a5 or Mir.Mlan el no a.eantn.tWM It . l ! ' I 3 I I I ' d _ r I I I /� I dfa n Fs, F I O k 2 !.� w -i .._1 f � < ! I I 19 ��Y i _ i o o e : f .I�i '�� I E F BSI �i a� ! G i I H ! rJ e 2 ! Nii cc C oi n ' y ! I o 0 9 :colt 4 \ l: @ ! I e I � • c1 11_ ( mwEp. Eee ii i ! .I E ' —s ! \! • ! .• a : m I S,. I e , , 3 m • p x7343 Ste n; il S-73 //^ 966 e.:.. ':'� ii .•J!3 Recorded a ...,,...4.---o'clock o'doek T Y.. __.____.r._•Sf P_Z_...., _ er"J'. II __._._ .__ (' yrrr7777 -__ �I Reception . ____•__4,J4.f._'opa3,_._,,. ANN._____ --Recorder. --Recorder. I� 1 / A RECORDER'S STAMP rr 'i THIS DEED, Made this v /`f 3 day of Auguste', 19 66, between {. r ROBERT S. OVERTON and HELEN J. OVERTON c[ I! Fy it of the County of and State of 6` Xllo [7. Ln^t•of the first part, and Yi' m 0 Missouri 1JOIN O. HICKMAN and AUDREY C. HICKMAN I' L of the County of Weld and State of Colorado,of the second part: 11•ITNESSE•TH-, I' ,that the said part test the first part, for and in consideration of the sum of , I Other good and valuable consideration and TEN and )C(/100 - -DOLLARS, C‘.5 `^ to the said part Ies.f the first part in hand paid by the said parties of the second part, the receipt whereof is ` 'D r„ ; confessed and acknowledged,hereby `Yhave granted, bargained, sold and conveyed, and by these presents do RN II grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not I S in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate, lying and Ibeing in the County of Weld and State of Colorado,to wit: A tract of land situated in the SW1 of Section 6, Township 1 North, I i II Range 68 West of the 6th P.M., Weld County, Colorado, more particul- F F. itarly described as follows: • Beginning at the SW corner of said Sect-I ion 6, thence North 300.35 feet along the West line of said Section { J It 6: thence North 89058' East 860.39 feet, parallel to the South line /�,J-, ii of said Section 6 to a point on the Westerly right of way line of thZ. ki rf ! Burlington Railroad; thence Southwesterly along said Westerly right I of way line 326.0 feet, more or less to a point on the South line ofj ¢ I said Section 6; thence South 89058' West along the South line of (� - ,,Hill,;I,Islaid Section 6, a distance of 733,8 feet more or less to the point . hlli f.Il.. f1 beginning; I _. • - FS TOGETft ER with all and singular the hereditaments and appurtenances i • ors, rts. is le, and belonging, or in anywise rap ertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the i/� - II-' m, right, title. interest, claim and demand whatsoever of the said parties of the first art,either in law arequity. !'v\ plot, in and to the above bargained p II R premises, with the herediamenb and appurtenances. I (,-h / _.I_„ , TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the said V.) I!.^J names rd the second part, their heirs and assigns forever. And the said part ie S,(the first part, for thertMNes , (•� .( I_.be ihbim. executors, and administrators do covenant, grant, bargain and agree to.and with the said parties !I • ] ) ?'f'-P_Cilic Second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they and (17`- 1'1. 1 .I•II- sin raze) of the premises above conveyed,as of good, sure.Oerfect,absolute and indefeasible estate °( inheritance, in 'I t law,in fee simple and have good right,full power and lawful authority to grant,bargain,sell and convey the same in I' // , -! I 't14nner and form aforesaid.and that the same are free and clear from all former and other grants,bargains,sales,liens, V , :./:.�I•;.Lales,assessments and encumbrances of whatever kind or nature soever, except 1966 and subsequent :s:, F: .eneral taxes, and except rights-of-way, easements and restrictions, i! . ,jirfA any, of record; 11 II I apd the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs II I and assigns.against all and every person or persona lawfully claiming or to claim the whole or any part thereof. the said..;:plrt ieSsi the first part shall and will WARRANT AND FOREVER DEFEND. H IN 1t'frNE55 WHEREOF the said parties of the first part ha ire !terminiII tii er hands and seal 5 the day and year first above wri(ten, ll / - �Signed. Scaled and Delivered in the Presence of lF 11/41313.74>.C111 51.1 'l Robert S. Overton j SEAi —t 0B I r l '''. 511x. OP Tc J. Heir n J. Overton � ti3 ti y. < p --7.-- ' Canny,d "7c sr((?, aa' env "ti (• ,� 'I'bc Itnrg.rirg in^t rmuwnt was acknowledged before me this / w� day of August • o I tit f r., - 1966 l,y• Robert S . Overton and Helen J. Overton. 'f'\r. :'�Ci•,........... 7�',c.^nmission expire.' , 19 . Witness my hand and official seal. m • q. .. J ,....-T : s ✓ (•, n r:YC I 1(ll K - Ifn1• Public. 7 1 Li ........... 1.,,•y.l.WARRANTY Ilh'rds_T.l•tnl Ten _a...( -- I•by r ^ a nia Semelne In' aNan aeonsStreit 0rn t ntivn r n^r• ^Irrrc rn eft n e mar Pr 1r'Marlton aeons In m .ro-:niiu•n..nr'I.:I „inelrs..r" r 'rl�l....1 r.•Ir.,nrlrr Ile,l...l :,r..rr�r.. I!,r11, ,Psi � 920.80 ,-.4NS9S 1: I ] L . REC 02140595 05/09/88 16:26 $3. 0 1/001 F 1. . MARY ANN FEUERSTEIN CLERK & RECORDER ELD CO, CO fyl ji IA e PERSONAL REPRESENTATI VE'S DEED a#% . L T!• (INTESTATE ESTATE) ;a :� Tills I EF:D is made by_Lenzie A.Bland "� Represent: rive'(the Estate of Fiarie B1apr1 —as Personal 1:1 't 't v ltoattm)." . eeeased,Grantor,to l,ev i e A Aland .(atcstee,whose :I ,t; address is St750. 41 d Grantee,whose ' €�__S�ounrY �9BL��) i1P,�Q A051F '• '1 WIIER .:AS._,,, Ma_ie Bland died intestate at_ Denver, - ,, _Colorrdo on— March 13 "' j .19_87( C k I:. . CI. lt'IIF.F: :A5. Grantor was duly appointed Personal Representative of said Estate by the ,I ye. .:I Ilis,trit t Court in and for the County of Weld .I "` ' and State.. Colorado,Probate No.-_ 7PR27 :. tit..l` and �_ ,on_November 17 37 i !t now qualii i• d and acting in said capacity, . 19 ,and is it r;a; II 3 sit NOW. '1 II EREFO RE. pursuant to the powers conferred upon Grantor by the Colorado Pro- . �•'d hate('ode.I'rantor does hereby sell,convey, assign,trnns(er and set over unto Grantee(ia, attz -''!`-.-eCS CY E)ca 'II r and in consideration of NO CONSIDERATION :' " Dollars)* •( .1 the person entitled to distribution of the ro 'a `� property in the above captioned Estate)* I' t.i-!•;!• .he ollowin •described real property situate in the--____County of-1d.eld State"(Col. rade,: A tract o: land situated in the Southwest 1/4 of Section 6, Tom ship 1 North, gat Range 68 '. est of the 6th P.M., Weld County, Colorado cx::e particularly described <'"%Ya as fella,::. 8egi.raliro at the Southwest corner of said St:ctu.on 6 thence .forth .R'r?"' 300.35 fec : along the test line of said Section 6; thence North 89°58' East. ":;:r;860.39 fez, : parallel to the South line of said Section 6 to a point on the +"'?Westerly r .ppht of way Line of the Burlington Railroad; thence Southwesterly al �t>?ct said Westerly right of way Line 326.0 feet more or less to a along,. 44f. said line of sa .d-Section 6; thence South 89°58f west along the South lliine�ofy;a South �'''''s'}(• Section 6, a distance of 733.8 feet acre or less to the `0',t r, point of begiratinf;. `_� '':': r3emb0000re >�TC odoot ' r' With all: -i%1.i. 'I. ppurtennnces,free and clear of liens and encumbrances,except: none, i ��l..j}Y• I.i. ',LrAt , t. f.',7';..:+< As used '•rein, the singular includes the plural and the riaxculine gender the(emin ne and r t �' neuter Bend' rs as the context may require. I I f Execute. April e 19 9, , /� �� ,•l3Cr LG' ?CI-4j - it as Personal Representative of the - _ - Estate of Marie Bland :; , (aa:: ox[decti stator Deceas,.d -:'�ter?;yt fP: v;S ST;TE OF•.COLORADO � q. n Is �::'Yr:'`i1 - COUNTY OF Soul.der__. I :: .,,:.C . `,.) S! The foreg .ing instrument was acknowledged before me this day.lf)- of Apr �' .4t 19.$8..by _ AR e ., ' o r —1`& flA--�'•--Hl-�d---- as Personal Representative Decesed the a ri Trfr Estate of_Marie_ gland tamasonendahAaaccor•Deceased.l .....acrp hand and official seal. : �a�, J .r .11 cnttifliitftlf]aspire::-.3-I - 7,0_,_ ^> '-'i: Notary Public j,' :'..ri! 'SJrik�hs requi rd ,( "qtr , '?;.x[ chjent was married. If stricken, cr•nsult Colorado Statutes regarding homestead ,6421 �te•if-dn exa•nll Nldnt for po.sible requirement of a Deed from surviving spouse. =y �'rLt,. ' i'I 1'.1 sr ..n.il It �a�i.c'.'eed a -. ..: ..,Rwm,m,imwarLY.CmRanY •/ (m"• glaiIMW zifiDatftailastaiiftiGillilCialSigialttia.i0. • ., ): 267 !i'tsC 02217805 06/25/90 09. 45 y10.00 1/002 F . v^ VARY ANN FEUERSTEIN CLERIC i• RECC----'11 WELD CO, CO i :.'i'7 59 5 .... .. _... Pl1BLir_•TRUSTEE'S DEED • .._...,I sae No. 3513 I Tins Del:n is tie..le June 22 .19 90 ,betweel .AnnE n. NYE as the Public Trustee.of the :aunty at VELD .Colorado, an. • LENZIC. A. 0: AN0 ?unbent. �I •1•.e lees lire.. . 5050 'geld County Road 1i, Erir:, Col„rado 80516 II uNhREn , Lenzie A. Bland dsJ.by Ikea!id Try..dated April 22 .19 88 .and recorded in the office of the Cleft and Peender of the l' .ntyof VELD .Colondo.on May 9 .,988 1195 .in seek il .Pate .,film&a. .Reception Not 214 0546 r comer to the Public tii I m Trustee. Trust.the;reperty hereinafter described m asecure the payment the in ebtedneu provided in said Deed of Trust;and Whereas,aviolation was made in certain nfthe terms and covenants oft aid Deed iTruat as shown by the notice.(election and I demand fur sale tiled with she Public trustee..cop,d,ervol'bejng recorded in the on et timid County Cleric and Res eder,the said pnsperty was. Iverti,.'d for sales,public auction at the place and in the mane rprwide l bylaw and by said DeedesfTrus adscopyd the notice ens v le wn,n apt lima.nailed to the persons required by statute.and said rnnpeny was le pursuance of lair .notice sold to F IRSTB.'4K 0: NORTH LONGMOMT, N.A. for the aim herein.nee ti forth and a certifier.eatp'chase thereof was made and recorded" and said Certificate of •Purchas ! was assigner •.n LENZIE A. BLAND ' and said pmp,r'v nr having been redeemed front said sale; ' Now.The;we.II.:Public Tissue pennon to the pun and authority vested by h w sad by the said Deed ofhust,a such Public I' Trustee and in;unau:ration tithe sum as 17,880.20 ,to the Public'Inane paid by the said Purchase.%the receipt whereof is het:by nes nowledged.conveys to the said Purchaser,the heirs,sueees.on wad assigns o(the PurchaaT,forever••• h all the tight,tide IIII and intend which the Public'Wastes acquired pumas touid Deed ofTruat is iodic'bt kilpries described progeny situate le the .i Canty of : VELD . ,Are rV'Colorado,to wit: ' II • • iISEE ATTACHED ECHIBIT "A" II r it also known by street sad number as To Rave an to Bel 1 the same unto the said Purchaser,and the heirs,successors and assigns d the Pt!Chain,funny. I The singula'shall nelude the plural and the plural the singular. I Executed th•day rid year Res:above written. • y ,Q /-�- I • I I - hats Ts.ou d ,.. Cen.pd VELD Simi d C—... • By _ t' Nosey Aaie Tine.. i STATE Or COLORADO I II County of VELD • } /tI.IIts" The interne;inst.anent wit acknowledged before me this 2 2nd day of June �S';/; ,f by Arm. J. hVE as the Public Trustee of the • V:• '.� County of VELD .Stare of Colorado. .r- V�yny%t• II I �_ 1 My canto „n c, ,0c, JUNE 6, 1992 �(// („ U '�Y10:'• II v.•.oevv my d a •I eAM1ei.i oats '`"-—vea.. Iyie� Sµ1••Jr•p y� • ; •I. .r.• •N rest w.nsrn Noe v..e,anw 1020 9TO ST. ND. 201. GRE[LE1vy >l5p6y1 IL . I ••11. .. a .Ys .,gvJ u,.r1 .W tW um4m.I F•4lh....,un,re. P.rq wqr.,. 1 ..k un.v rtw.n,.•,..,lava uM( �l ••t n^nonoP.moo. oils I,rrMnMw. II ,., M ye•.l•t iai i• r MITTS"PrV" wsdk.•I.W,M.r sill tvry .,r. .ero..a CO MM._'WI.:,I trap , `„6Ay �...,-. r . r; ...wiaf'+Wzrat.'•ettstGs4ASB" 3 a: Va>J `vt1�'F :' Bf'M.6 f n,iir _ B 1267 RE/ 2217885 06/25/90 09 : 45 $10.00 2/002 F 1 7 1. MAR, ANN FEUERStEIN CLERX i R. ,cURDER WELD CO, CO EXHIBIT "A" A tract of land situated in the SW1 of the SSE of Section 6, Township 1 North, Range `68 West of the 6th P. `1. , more particularly described as follows . BEGINNING AT THE Southwest corner of said Section 6 ; thence North 300. 35 feet along the West line of said Se :tion 6; thence North 89' 58 ' East 860. 39 feet, parallel to the South line of said Section 6 . to a point on the Westerly right of way line of the Burlington Railroad; more thence Southwesterly along said Westerly right of way line 326 feet , or thence South � 89�58 ' pWest along oint on etheuSouthnLine ofisaidcSection 6 a distance of 733. 8 feet , more or less , the POINT OF BEGINNING. • aac known by ur«: and number u 5050 Weld County Bold Si , Erie, Colorado 80516 f h 1704 REC 02256017 07/11/91 15:25 $10.00 ../vu' .f 1 a.2i SIC L7 F 0710 MARY ANN ELULISTEIN CLERK b RECORDER WELD CO, CO iI .RANTY DEED THIS DUD, sniff this II II day of JULY. 1991 brtwers ,, I LENZ.IE A. ELAND j or the Count. of WELD and Sum of COLORADO. graninr, and 4 CHARLES C STIIME:N and BURMA L. STIEBEN State Documentary Fee I 7- /! - 9 / 11 whose legal aldress is 7 YANK STRIET, Date p I GOLDEN, COLORADO 80401 5 /'2 t Jf of the Coun y of JEFFERSON and State of COLORADO. grantees: WIT\ES:. that Ihr grantor, for and in consider-as ion of the sum of ONE HUNDRED TWENTY-ONE I THOUSAND NINE Ill NDRED AND 00/t00ths DOLLARS. (5121,900.00), the receipt and suffieiexi of i which is hereby acknowledged. has granted. bargained. sold end conveyed, and by these pretests. does grant, bargain. sell, convey and confirm unto the grantees. their heirs and assigns forever, not In tenancy In common but In Joint 'minty, all the real property. together with improvements. If any, situate, lying and being In the County of M::2.D, and State of Colorado. described as follows: Ski AT Nkomo EXHIBIT •A- y also known I y street and number as 5050 WELD COUNTY ROAD 1, ERIE, COLORADO 60516 \ TOGETHER with all and singular the hereditanwnls and appurtenance thereunto belonging, or In anywise appertaining and the reversion and re"erslons, remainder and remainders, rents, Issut s and profits thereof, and all �, the cute, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity. of, In and to the above bargained premises, with the heredltaments and appurtenance. TO HATE AND TO HOLD the said premises above bargained and described, with the appurtenance, unto the grantee. their heirs and assigns forever. And the g onto., for himself, his heirs and personal representative, does covenant, grant, bargain and agree to and with the grantee. their heirs and assigns. that at the time of the teaseling anJ delivery of these presorts, he Is well stied of the premise above conveyed, has good, sure, perfect. absolute and indefectible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sane in manner and form aforesaid, and that the farm re free and elar from all former and other grants. bargains, sales, liens, taxes. assessments.. encumbrance and restrictions n' whatever kind or nature sorter, except for lac for Ike aunt yew, a Iles bat not yet doe or payable, marts, rertrlclleas, reservations, commis and atlas-of-my of moral, If soy, . I The gn:s•or shall and will WARRANT AND FOREVER DEPEND the above-t•argained premise in the quiet and porebir possession of the grant, their heirs and assigns. against all and entry person or persons lawfully claiming il„ whole or any part thereof. li The sir gulls nu. ber shall irr:ude the plural, the plural the singular, and the use of any gender shall be it appl ioble sv all gen Gen. IN WI I`:ESS V.alEREOF the grantor has executed this deed on the date set forth above. 6 L LIE . LAND , STATE OF EO}QR/tDO ) Cp ) as. COUNTY OP ••.,JG4'am I TTejoregoin;Ai M sniar nIt was acknowledged before on this 8TH day of JULY. I )91 br LENZIE A. BLAND . Nay coaueds it-J.,w •1x •a i JUNE 22, 1993 Witness my hand an, official seal. 1 i p ./ (, / 6 / Stun nsim I! '...nrs.a. Ira I mare..ham*Tw....a • 9cL-0 190 B 1304 REC 2256017 07/11/91 15:25 $10.00 2/002 F 0711 MARY ANN FEUERSTEIN CLERK L REC.-RDER WELD CO, CO EXHIBIT "A" A tract of land situate in the Southwest 1/4 of Section 6, Township 1 North. Range 68 West of the 6th P.N. , Weld County, Colorado, more particularly described as follows: Beginning at the Southwest corner of said Section 6, thence North 300.35 feet along the reltelest line tof said Seect:en 6; thence North 89 58' asto 60.391ifeet, parallel tofo �Y South line of said Section 6 to a paint said line of the Burlington Railroad, thence Southwesterly along Westerly right of way line 326.0 feet, more or less to a point on the. South line of said Section 6; thence South 89°58' West along the south line of said Section 6, a distance of 733.8 feet more or less to the point of beginning, County of Weld, State of Colorado. TOGETHER WITH one, share of water from the Lowe BoulderDitch Co. , and also including five shares of Colorado Big Thonp e water. • - 1 • • PAGE 1 of 2 .. RESIDENTIAL n+wl x+ninorm+ixrnrmr...mi..inn:rn,mnn„.,n CONTRACT J BUY AND SELL REAL ESTATE xppm,+I h- S...d,+ur.a[.ur+c,•. xlGucl,..an Seller's Remedy Liquidated Damages or Specific l'crfonnance (Section lb) ll ITS IS A LEGAL INS!IIUMENT.I1'NOr UNDERSTOOD.1-I.GAL.TAX • OR OTI ILR COUNSELS(IOULO Ills CONSUCRD UCl'OItIi SIGNING. __ &/'Ric <<3_(n 2 I. PARTIES AND PROPERTY. _J_ _ C- AELZw/.{/ - _, tv,draw(sil l'urchaserl,(as•jou itsio lefleminteineornmooMgnts to buy,and the undersigned a•ller(%)(Seller'agrees to sell,on the terms and cw,d '�i' aions set forth in this contract,the following described real estate in the County of ✓`�CC a Colorado,to wit: i::. C(r6AC Desc,iPTioi 7-u Gil Scinc/ .i O By Lisri.JC 4ce, li Iv ,• known as No. J VSO W�-e,� tAN�/ /� _ l•R/t C)`e1,c/9�O IDS/ ..- SMELT AIN)RISS / CITY SrAl I. /.11• . together wills all intense of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances(hereto,all improvements thernm • 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 lie Property on the dale of this cool ran: lighting,heating;. I plumbing,ventilating,and air conditioning lixtune,TV antennas.water udleners,smoke/rim/bu rglar alarms,security devices,inside lrlhphune wiring • and connecting blocks/jacks,plants,mirrors,flaw coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls: (Id it n on the Property whether attacked or not on the dale of this cool reset: built-in vacuum systems(including accessories),slums windows,storm doors,win- i dow and porch shades,awnings,blinds,streets,curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,all keys and garage dsor opinion including_�./• remote controls;and (e) 670 4164 Q/S)/W?SI/C+C_, ___ 1 icHr 5z raft es LL);.JoO w COLit:Jrj_JG,,-, 6w m•',1 c td'fl, —6;(.12/Ll Cr 8cRtht/ ..lam The above-described included items(Inclusions)are to be conveyed w Purchaser by Seller by bill of sale at the closing,Ire and clear of all lours,liens \ and encumbrances.except a%provided in Sec' Ill. 'use following attached fixtures are excluded from this salt': P fF_6i(_R/1%b/1 • • • � `' payable dollars by Purchaser as follows: , `U 3. PURCI•IASC PRICE AND TERMS. The purchase price shall be 5__o S/�f�' in U.S. (consplete the applicable lemma below): —,f1 �/ /•/ a. EARNEST MONEY. $_//MVO' in the form of EC�t4OA-)4E__�•lScqzc' V as ea nits!money deposit and part payment of the purchase price,payable to and held by Z'�'D GL__/{C:/J C __ broker,in broker's trust account on behalf of butts Seller and Purchaser. Broker is authorized to deliver the earnest omen{y deposit to the closing agent.if Ns I . ally,at or before closing. - O, — I b. CAsn AT CLOSING. $�j, co �7 to • , le paid by Purchaser at closing in cash,electronic transfer funds,certified check.savings I and loan teller's check,or cashier's check. Subject to the provisions of Section 4,if tlse existing loan l/n/tare at the limenf closing-shall be different from • the lam balance in Section 3,We adjustment shall be made in cash at casing;or paid as follows: N''/ C. NEW LOAN. $ /L6,0 a'C.tl1) by Purchaser obtaining a new loan.Tie loan may be increased to add the cost of mortgage incur- ' • • ante•VA funding fee and other items for a total lam amount not in excess of$ / °yV'`l a .the Iasn shall tae of the following ty}e: Q (check applicable boxes)f"`iii\�� X Conventional_Sg O yG.g__ O VA 0 Adjustable interest rate O FHA O Fixed interest rate O Other This loan will be uteri byes �� JT deed of trust. HST.IN.M.%) ,, The new loan to Purchaser shall be amortized ovver,a period of_3 O years at approximately$1_J ?_ ,O''7 per month including principal and interest not In excre I,s._-_'L per annum,plus,if required by Purchaser's lender,a toots)hly deposit of 1/12 of the es- timated annual real estate taxes,properly insurance pro ll i tt in,and mortgage insurance pn•nuumi. If the loan is an adjustable interest rate or graduated payment la'hn,the monthly payments and interest rate initially shall not raced the figures set forth above. —_ f� Loan discount points,if any,shall be µy id to lender at closing and shall nut exceed___,3 70 of the Instal loan croon(.The first n _ il,};crawl loan discount points shall be paid by i't C C ei S and the balance,if any,shalt be paid by_8.q)!(&1Z_r� Purchaser shall timely pay a loan origination fee not to exeiyl____i___%of the loan amount and Purchaser's loan costs. Cost of any appraisal ��tf for luau purposes to be obtained after this date shall be paid by r If R.Cj,9$dit.S upon loan application as required by lender, d.'4\ ION. $ by Purchaser's assuming and agreeing to pay an existing boats in this approximate amount, • presently payable at$ per month including principal,interest presently at 'M ixr annum,and including escrow for the following as indicated: . O Real estate taxes U Proper , bransrmhium , O Mortgage insurance premium, t and . I'Tlnser-+• •epays In aa loan transfer fee nut to exceed • • $ At the time of assumption,the new interest rate shall not exceed 'Y lw i'apmu I There.•. sew monthly pay' dl not extttd$ plus escrow if any. - Seller s tit adtaLuu be released(nun liability ran said lion,and ifa VA-guaranteed loan.Seller's eligibility O shall O shall not be reinstated. If applicable,compliance with l re it e from halal lily or reinstatement of eligibility shall be evidenred by delivery at clos • - ingof appropriate letter of consmihncnt from UVAU lender. a 'slily/reinstatement of VA ciigibility shall be paid by in an amount not to exceed$ .SELLER OR PRIVATE TImtITPARIY FINANCING. $ by Purchaser executing a promissory note payable to: • • on the note form as indicated: (check one box) O Right to ' •(NTD 32.1 I-K3) U Ni'Right to Cure(NM X(.11-cut) U secured byes _ deed of trust encumbering the Property,using the form as indicated: (check one box) ' ISLINU.:-' I U Strict Due on Sale(TD 72-I I-K O Assumable—Not Due on Sale(TD 7.1-11't13) U Creditworthy(ID 7J-II-g3) • O • The promissory note shall be amortized on the basis it _ _ years,payable at$ per month including princi- pal and intent al the rate of 'k per annum. Payments shall is tuna and shag be dud on the day of each succeeding month. If not sooner laic.the balance of print and accrued interest shall be sloe anal payable after dosing. Payments Cl shall U shall rut be increased by I/1 sl inhatd annual real estate lases,and U shall O shall not be increased by 1/12 of estimated annual property insurance premium. • The loan shall also contain the following terms as indicated: If any payment is nut received within _calendar days after its due date,a 1 Tale charge of %of suds monthly payment shall be slue. Interest on lender disbursements under the deed a sl shall be %per an- num. Default interest rate shalt be 4•per annum. • Purchaser may prepay without a penally except — 4. FINANCING CONDITIONS AND OBLIGATIONS. • _ a. LOAN ArruennoN(s). If purchaser is to pay all or part of the purchase price set forth in S•eh 3 bylasing a new loan or if an rxmSlilelq�, o• ...e, . .. ' . oy ,Lii..1 .cauca sad alaxew rttutt application within cacne.ar days loom acc.., Lance of this contract. Purchaser shalt cooperate with Seiler and lender to obtain luau 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. b. LOAN Art•nOVAL If Purchaser is to pay .,or part of the purchase Me.e by obtaining a new lot. .;is specified in Section 3,this contract is condi- tional upon lender's approval of the new loan on or before J4 A-1 l' / ,19 g..3. If not so approved by said date,this con- tract shall terminate. If the loan is so approved,buj.+uch proceeds are not available to Purchaser as required in Section 5(Good Funds)at the time of closing,closing shall be extended one time(or J calendar days(not to exceed(5)five). If sufficient funds are not then available,this contract shall terminate. FHA/VA PROVISIONS. (1Tt' )t is expressly.;lgreed that notwithstanding any other provisions of the contract,the Purchaser shall not be obligated to complete the purchase of the Propel •- ribed herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the Seller has delivered to the Purchaser a written statemen ' if by the Federal Housing Commissioner ur a Direct Endorsement Lender setting forth the appraised value of the property(excluding closing costs)of not less t i, which statement the Seller hereby agrees to deliver to the Purchaser promptly after such appraised value statement is made ay.' •to the Seller. The Purchaser shall,however,have the privilege and option of proceeding with consummation of the contract without regard to the amount o 'raised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development(I-I�JD}+v_ insure. l-IUD does not warrant the value or the condition of the property. The Purchaser should satisfy himself/herself that the price and condition of the i. • v are acceptable. (2) VA. If Purchaser is to pay the purchase price by obtaining a new VA-guaranteed loan: . , •ed that,notwithstanding any other provi- sions of this contract,Purchaser shall not incur any penalty by forfeiture of earnest money or otherwise be obliga -o mplete the purchase of the Property described herein,if the contract purchase price or cost exceeds the reasonable value of the Property established by '•erans Administration. Purchaser shall,however,7iave the privilege and option of proceeding with the consummation of this contract without regard to the an (the rea- sonable value established by the Veterans Administration. 'TINc-LOAN REVIEW. If an existing loan is nut to be released at closing,Seller shall provide copies of the loan documents'(including note, . deed of trust,modittca urchaser within calendar days from acceptance of this contract. This contract is conditional upon Purchaser's review and approval of the provisions o • n documents. Purchaser consents to the provisions of such loan documents if nu written objection is re- ceived by Seller or Listing Company front I'urehaser within ',tenthly days from Purchaser's receipt of such documents. If the lender's ap- proval of a transfer of the Properly is required,this contract is conditional upon •'r's Obtaining such approval without 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 existing loan or if Seller's VA ens' • le reinstated and Pur- chaser does nut obtain such compliance as set forth in Section 3,this contract may be terminated at Seller's option. �- . LANCE. If Purchaser is to pay all or part of the purchase price by assuming an existing loan and if the actual principal balance of the existing loan at the date of closing is less than t 1e amoun e 4 then Purchaser May terminate this contract effective upon receipt by Seller or Listing Company of Purchaser's written notice of ternuna van. astir INVORMATION. If Purchaser is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is not be re e, sing,this contract is conditional upon Seller's approval of Purchaser's financial ability and creditworthiness,which approval shall be at Seller's sole and absolute ise • m such case: (1)Purchaser shall supply to Seller on or before 19_ at Purchaser's expense,information and documents con irchaser's financial,employment and credit condition;(2)Purchaser consents that Sell- er may verify Purchaser's financial ability and creditworthiness;(3)any s oration and documents received by Seller shall be held by Seller in • confidence,and not released to others except to protect Seller's interest in this transaction;; • does not provide written notice of Seller's disap- proval to Purchaser on or before ,19 ,then Seller waives this con i . • •r does provide written no- tice of disapproval to Purchaser on or before said date,this contract shall terminate. 5. GOOD FUNDS. - All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 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 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 A /pi z;c. 5 O 1952 , • If a title insurance commitment is furnished,Purchaser may require of Seller that copies of instruments(or abstracts of instruments)listed in the sched- ule 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 designed 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. TITLE. - a. TITLE REVIEW. Purchaser shall have the right to inspect the Title Documents ur abstract. Written notice by Purchaser of unnmrchan lability of ti- tle 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 calendar days after Purchaser's receipt of Title Documents or abstract,or within five(5)calendar days after receipt 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 Doc- ument adding new Exception(s)to title. If Seller or Listing Company does not receive Purchaser's notice by the date(s)specified above,Purchaser shalt 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 all lease(s)and survev(s)in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements,liens or other title matters nut . 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 par- ty(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 • Seller Seller • Purchaser Purchaser • .. Dale Dale Dale Date 920'' 80 t'ACE2 oft . to Seller or Listing Company on or before_7M/-L__... .19-f3. If Seller or Listing Company does not receive Purchaser's notice by said date,Purchaser shall be deemed to have accepted title subject lu such rights,if any,of third parties of which Purchaser has actual knowl- edge. e. Ritter TO CURE. If Seller or Listing Company receives notice of unmerclan“ability of title or any other unsatisfactory title cond it ion(s)as pro. vided in Subsection(a)or It')above.SlIer shall use reasonable effort to cornea said unsatisfactory title consliliun(s)prior to the dale of dosing. If Seller , fails to cornet said unsatisfactory title mud it olds)on sr before this slate of closing,this arnlract shall then terminate,subject lo Section 17:provided. however,Purchaser may,by written notice received by Seller or List mg Company till or bdtire closing,waive mbjation to said unsatisfactory title condi- ' liun(s). LL� nq 9. DATE OF CLOSING. The dale of dosing shall be,3 P/17,4/WSJ___ IY _ or by mutual Vre•ment at an earlier dale. The hour and place of closing shall he as designated by rot3Q8 Ae 0 cry CLie,rjAJG CwnecAJLj 10. TRANSFER OF TITLE. Subject to tender or payment on dosinjj•ax required herein and, ompliance by Purchaser with the other terms and provi- ' . Isions hereof,S eller shall execute and deliver a good and sufficient 0 Ceti L:Ji- a C. co/9st?/9-AJly _deed I to Purchaser,on dosing,conveying the Property free and clear of all taxes except the general taxes for the year of dosing and except_ o i:() __.2 V__ _7/ •foe and dear of all liens for special improvements installed as of the dale of Purchaser's signature hetron, • whether asvesed.or not;except distribution utility easements,including cable TV;except those matters reflected by the Title Documents accepted by Purchaser in accordance with Subsection Ma);except those rights,if any,of third parties in the Properly not shown by the public records in accordance . • wills Subsection 8(b);and subject to building and zoning regulations. . • 11. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid al 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 completeall customary or required documentsit_or before closing.Xees for real estate closing and settlement services shall notexceed 5 e 00. 'a and shall be paid al closing by -MV/4Ly L7 Joy_&eS d Jd6 t ER. • • 13. PRORATIONS. General lasss for the year of closing,based on the most recent levy and 1 the most recent assessment,rents.water and sewer charges,homeowner's asocial ion dues,and interest on continuing Wigs),if any,and N,� L`LQ shall be prorated to date of closing. - PHA or private mortgage insurance premium ❑shall liaslall not he apportioned to date of closing. Any such amount shall be apportioned as follows: �� Any sales.use and transfer tax that may accrue because of this transaction shall be paid by,_/v4 , . 14. POSSESSION Possession of the Property shall he delivered to Purchaser as follows:_3S.—.6 f)F2 R DE •Le✓E✓s y fI .Ote t subject ha the fn lowing teasels)or tenancy(ies): r CA/ If Seller,after dosing fails to deliver possession on the date herein spcilled.Seller shall to subject to eviction and shall be additionally liable to Purchas- er for payment of$/0O.rr per day from the dale of agreed possession until possession is delivered. , Purchaser ,5does O does not represent that Purchaser will occupy the Property as Purchaser's principal residence. 15. CONDITION OF AND DAMAGE TO PROPERTY. The Property 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 shill be obligated In repair the tame before the dale of closing. In the event such damage is not repaired within said time or if the damages excess'such sun,this contract may Ise terminated at the option of Purchaser.Should Purchaser elect to carry out this contract despite ' suds damage,Purchaser shall be entitled to credit for all the i its,mode proceeds resulting from suds damage to the Property and Inclusions,not exceed- - ing however,the total purchase price. Should any lnclt,sii,n(,)or service(s)fall or be dalnalfd between the slate of this contract and the date of dosing or the date of possession,whichever shall be earlier,them Seller shall he liable for the repair or replacement of such Indosimnls)or service(s)with a unit • of similar size,age and quality,or an equivalent credit,less any insurance proceeds nerved by Purchaser covering such repair or replacement. • In. TIME 01'ESSENCE/REMEDIES. lime is of the essence hereof. If any note or ruck receives!as earnest money hereunder or any other payment due hereunder is not paid,honnrd 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 PU RCI IASIiIt IS IN DEFAULT: • Il'i'liii BOX IN SUINECTION(I)IS CHECKED,SELLER'S REMEDIES SI IAt.L BE AS SIT IYIRTI I IN SUnSECTION(I)!SPECIFIC PERFORMANCE]. IF SA ID IIOx IS NOT CI IECKtiD.slur ER'S RliMED11S SI ALL BE AS SIT FORD I IN SUBSECTION 12111.IQUIDATED DAMAGES!. C (I) Si-insIC I'a:aiORAANea:.Seller may elect In treat this contract as cancelled,in which case all payments and things of value rensivad hen- under shall be forfeited and retailed tin behalf of Seller.and Seller may recover such(la mattes as may be proper,or seller may elect to treat this contract as being in full force and effect and Sadler shall have the right to specific performance or damages,9r boa h. (2) Wonsan°DAMACLt All payments and thing of value received hereunder shall be forfeited by Purchaser and retained on Is:half of Seller and bola parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQU I DAT:D ' ' • DAMACIis and(except as provided in Subsection(c)l areSiiLLE1:S SOLE AND ONLY REMEDY for Purchaser's failure to pert orm 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 that this contract as cancelled,in which case all payments anti“hinge of value received hens:tler shall be re“nrows!and Purchaser may recover suds damages as may be pmper,or Purchaser may elect to treat this contract as being in lull force and effect and Purchaser shall have the right to specific performance or damages,or both. • • C. COSTS AND EU:IMLS. Anything In Ilse contrary herein mewl lhsland inn.III du•evvtst 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 fits. 17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract,Purchaser and Seller agree that,in the event of any controversy se and ing the earnest money and things of value held by broker or dosing agent,unless mutual written instructions are receive.'by the holder of the earnest money and things of valor,broker or closing agent shall not be re mired to take any action but may await any pn.ceedine.or at broker's or dais- . ing agent'soption.and sale discretion,may in“erplavd all parties and deposit any monies or things of value into a court of competent jurisdiction and ' • shall recover court costs and maeamble attorney fees. . 18. INSPEC17ON. Purchaser or any designee shall have the right to have inspc“hints)of the physical condition of the l'mperly and inclusions,at Purchaser's e�{esse. If written s rnniol of ally unsatisfactory condition,signed by Purchaser,is not received by Seiler or Listing Company on or before ` aJ 6 MS/JCR J,/ 19 ,Ilse physical condition of thel'mperty 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 et forth above in this Section,and if Pur- chaser and S•Ides have not reached awrif4n agreement in settlement thereof on or before wJ _ `C �' fiG'RinP 2.O,19 _,this contract ' shall then terminate,subject to Section 17. Purchaser is responsible and shall pay for any damage which occurs to the Properly and Inclusions as a result of suds inspection. • 19. AGENCY DISCLOSURE. The listing broker, eADEC_ R C Li and its salesa ens(Listing _ _..___YY f. Company)mpnseN Sellers The Listing Company 'dories of trust,loyalty And coo fi a'ps'e to Sellertonly. While V SIGN I NG Ilhopany hasl(Cl IA to • ' brat l'amhaser honest Iv.the Listing C pane is Il5Ttsngenl and is acting an behalf or Seller and not PtOMlaser. BY SIGNING BELOW,PURCHASER ACKNOWLEDGES PRIOR TIM El Y NONCE IW LISTING OR Sla LING COMI'ANY11 IAT LISTING COM rANY IS SELLER'S AGENT. .. The sealing broker. 6-R 1_K a f6-it a4_./'5..7_/ and its sales agents(Selling Company)represent: Ill THE BOX IN SUBSECTION(b)IS CI IP.CKIlD,SELLING COMPANY Itlil'It Y_+I'.NR!'URCI IASER ONLY,AS Siff '01:11.1 IN SUltSECf1ON(b). IF TI le BOX IN SUTAECTW N(b)IS NOT CIdECKED,SELLING COMPANY RI!I'RILSENT55:^_Lilt ONLY,AS SET 1'01071 IN SUBSECTION(a),I a. SELLER. use S•IIIn):Can+panv owes ahitirs of l rust.loyalty and confidence to Seller only. While the Selling Company has a dote to treat Pur- -p • / , chaser hones“CY.the SAGng Company it Seller's be s agent and is acting on half of setter and mot Purchaser. I'r. IIY SIGNING BLLOUIZII IASLR AC- n e ,O. s© ....,...,.,..,.......,,..... e,..,,,,— .,.r „v.,,,,s.r ..ae.,. wa.,sus,.r,isr,..ca,.vs .cci,,,rs..,s.r '.'' ACKNOWLEDGEPRIORTIMELY NO T:CE BY SELLING COMPANY Ti IAT IT IS i'ULCi lASii'5 AGENT. 20. ADDITIONAL PROVISIONS. .;76-74.1 9 : D,97-e. of C. 6/AZ To 13s o-c) o/Z L3& 'RS JULY 2, !f1? /916 /}flax THG "(4 cccsSFUC- ,J4Ct of /3Vy&/ZS 1/9456. ZTh- 16 ; �/�/JSPe-c�Ott) 6I/,3 CC d eh) 4J PEA/W/4f e /Th'iJ 7 04 y3 A I'r6-P,_ tJ tU yLRS . HUus VAJO 5t COdLi7?Q4 C7 PA-R-TiC:s 4-Jr" 1/#9""°Nv, f✓ce-/C Fat wR/rre-,1 /to R �tE . GA/i . 2- ✓&JtCC Mot pr-le Y15o 5'c/ /O-cis To & Arrow/46-4 6` 5C:cceA 4'3 70 MOOT K7u y/'CRs 601°R OUJ9L, 1.047C-1 5/AR&3 7v 8G //JCLI/oet ice/ 6)4 Le ; .C 6w4-A s 81 G T w,97-2 'tic ( • t-m-As Co#J6oci4iy7t=p Cow&R 8ouLoe2 & sevgi. O az T/t A:TCH ComMtvy 8Rol<R.0-6i Fe---e i>) 7-i/c- i9WCW� c$ 3 O 9. of TfrC• P'-Rc,vfl-sc P(Q;cc WILL 66 PA-Jp 7a 77/C .6tayc-/ /fc&ic/p 8y 77/& tC,c-st 1'k 77 L6y-- )6 I3 Rome 4r C .o iAJc, gm-c 5/rn is e CeP/t`S 471.140 616Nf}Tch.4 e6 4746 c-0 A?Ste c2 6-O C&-64-C. , 21. RECOMMENDATION OP LEGAL 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 con- tract. • 22. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and t::e parties shall be relieved of all obligations hereunder,subject to Section 17. 23. NOTICE OP ACCEI'T1/tNCLCOUNTERPART5. If Jris proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before !/t I/z.f C. IS ,19(((G 3 this document shall become a contract between Seller and Purchaser. A copy of this doc- ument may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. D Purchase __ Purchaser Date ��/73--- - q3 �1,/ • /,' Date Purchasers Address^N 77.? w /06TH C/RCt c VULtj /Ai5 r/z, Cote/74tO 35 z 3 y 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 nut to exceed the commission,and the . • balance to Seller. Seller • Seller Date Date Sellers 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 in Section 19. Selling Com an}y� ERA P �0fiC /9Cehtl Listing Company Address Comp a7 frecaiOv /O/C . � /J Address A.)027.)-(6 1...670-47-7#0/6 By cYOL3 ' G By 'Y -- `l O/6 II c/—( / SIGNATURE y SIGNATURE Date 7—(3 —?3 Date • 930 u . ._-. - •-'...�•-.•-�.�-......-..NdM1Y/neuwu.�Nau�ibrUSdtii)rawMuuw.�r�r��..-.__�_ JEAN BALDWIN 11-ae 1592 2772 W. 100TH CIR. 405-327O �¢ WESTMINSTER, CO 80234 4-19_.a.,..5 23-7022/3020 Pay to the -� ord roC G {.CA1� c�17 Oni Cam' - uj . r�ClJ�F tTvL • BANK WESTERN Casierms rem*MI 420-11150 Co _� Few nh�c1 e S hCcYst2 C/ .Clll-f? `15CT-46)-'-f2-7 z: 30 20 70 2 201' 924 0102096r 1592 • • 9304801 , A TRACT OF LAND SITUATED IN /SECTION 6 TOWNS-?p 1 NORTH, THE RANGE GS WEST EF .7 SW 1/4 6 OF PARTIRCULARLY Di RThED AS if = THE the SW corner O of said Section u; thence North 300. 36 at the e of said Section 6 • thence North 89 degrees le 58 Minutes the Eas 060. 39 feet, parallel to the South line sS d Sec i East point on the Westerly right of way line of the d urc Railroad; thence Southwester) Hoflaytli , to a 326 feet, more or less to y along said oh of way ) ag Section 6; thence South 09 a point on minutes i South line on said h South Line of said Section degrees istanc 733 .x8 feet, more the less to the point of beginning, Weld County, State of Colorado. • • s . ti • f' MlRY1CPT••. l - . ......,........................ ......... Zadal & Associates Realty, Inc. PO BOX 90 .„,.,..°'.: orarant_Ave. 930480 • Zadel i Associatesate 9R ealty, Inc. 311 Grant Ave. ?ireatone, CO 80520 • Gregory F. Zadel Broker The printed portions of this form except titaticisedl(differantlated) additions • keve eln nixvovetl bL the Color_in cant t., C s:-enciatc L15Pi9-2 811 ' Tills IS A LEWL tNS1RWICNI. IF ROT UNDERST:E:0, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE STONING. COUNTERPROPOSAL RE: Proposed contract for the purchase of property described se: • see attached N also known as nuttier 5050 WCH 1 ,situated in the ET/Q_ County of We id , Colorado. dated Ap 11 13 1991 between cH T;En:. STIEIik2N Seiler, 'i BURMA T,. STIEBEN and Joe L. BaldwinPm•chaver. �' The undersigned Seller accepts said proposcu contract, subject to the following amerdaents: I A. Special taxing districts may be subject to general obligation indebtedness that is paid by revenues produced from annual tax levies on the taxable property within such districts. property owners in such districts may be placed at risk for increased mill levies and excessive tax burdens to support the servicing of such debt where circumstances arise resulting in the inability of such a district to discharge such indebtedness without such an increase- in mill levies. Purchasers should investigate the debt financing[ requirements of the authorized t general indebtedness of such districts, existing mill levies of • such districts servicing such indebtedness, and the potential for an increase in such mill luny. i Q. Posession to be 5 days after date of closing. . C. Closing to be June 10, 1993. All other [cram and conditions shell remain the sear. If this counterproposal is accepted by PurcManr, as evidenced by Purchaser's signature hereon, and if Seller receives notice of such acceptance en or before 11Pr3 1 3 5. 1 the said proposed controcE, as amended hereby, shell beec a contract between the portico. �`- C y/J XSel er - u' i � �V'e.-^/ ,G�/ r/ GA —.7/c sell L• t /Y[ The 'no count t is occ Led this) day of ifritt L- , 1911-$. Purchas r - as . u a Wln If this c terproposdl Is accepted by Purchaser as aforesaid, Seller agrees to pay listing broker a commission of .00. of the purdtase price for services in this trmtsaction, end agrees that, in the event at fnrfel ture of payments end things of value received hereunder aril under said proposed contract, such payments and things of value sat shall be divided between Seller and listing broker, one-hotf thereof to said broker, Wt not to exceed the ccmnileion, '�t and the balance to Seller. P� / / Seller *S—C. S'1'lJ U t ' r �Soil L •• Sa-� tTiG31 'N.A. When this counterproposal Is used, said proposed contract is not to be signed by Seller. This counterpropuiol oust ba securely A:cached to said proposed contract. • •1' • No. CP40.2-61. COUNTERPROPOSAL 4 r ,; Copyright (Cl 1903. v2.5, Aiti FAST Software Publishing Inc. Prepared by - Gregory F. lad 04/14/93 07:17:21 • WELD COUNTY CERTIFICATE OF CONVL• _ANCES DEPARTM. i OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) The WELD COUNTY TITLE 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: A TRACT OF LAND SITUATED IN THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, THENCE NORTH 300.35 FEET ALONG THE WEST LINE OF SAID SECTION 6; THENCE NORTH 89°58' EAST 860.39 FEET PARALLEL TO THE SOUTH LINE OF SAID SECTION 6 TO A POINT ON THE .WESTERLY RIGHTFOF WAY..LIES OF'::THE BURLINGTON RAILROAD; THENCE SOUTHWESTERLY ALONG:SAID WESTERLY RIGHT OF WAY LINE 326.0 FEET, MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID SECTION 6; THENCE SOUTH 89°58' WEST ALONG THE..SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 733.8 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONVEYANCES: (if none appear, so state) Reception No. 2140595 , Book 1195 Reception No. 2217885 Book 1267 Reception No. 2256017 Book 1304 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 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 16TH day of APRIL , 19 93 , at 7:00 a.m. WELD COUNTY TITLE COMPANY L( . ATURE AU HORIZED SIGNATURE 930480 ( 7 Post Office Box 210, Niw CO 80544-0210 N 4N0 r OIBTR®�I (303) 652-2188, Metro(303) 443-2036 April 27 , 1993 Mr. Joe L. Baldwin 2772 West 106th Circle Westminster, CO 80234 Re: Section 6, Township 1 North, Range 68 West Dear Mr. Baldwin: This letter is in reply to your tap request number 1364 , dated April 21, 1993 for water service for two residential taps to be provided by Left Hand Water District. In order to serve the property, a 1400 foot two inch line extension, along County Line Road from Kenosha Road to the property, would be necessary. The approximate cost would be $10, 000. The Left Hand Water District Board will be reviewing the feasibilty of a 12 inch upgrade due to potential for additional taps in this area with customers sharing the cost. However, this probably would not happen until 1994 . Requirements for service are: 1. Completed applications need to be signed. 2 . Tap fee of $4330. 00 for each tap needs to be paid plus the extension of the 1400 foot line at your cost. 3 . Please provide us with a copy of the recorded warranty deeds for the properties. Any additional consulting fees incurred by the District in relation to this tap will be added to the total tap fee at time of purchase or will be billed when incurred. It will be necessary for you to pay the tap fee within 90 days of this notice or the tap request will be forfeited. After we have the above items, the application will be presented at the Board of Directors Meeting for their action. Our Board generally meets on the second Tuesday of each month.' ,' 7 930480 • Mr. Joe L. Baldwin Page 2 April 27, 1993 Please be advised that a monthly billing will start when the meter is installed or one year after the tap is purchased. Thank you for your interest in Left Hand Water District. If you need further information, please contact us and we will be happy to help you. Sincerely, O(146 . ames M. Dickey General Manager rr 9304 Application for recorded Exemption Submitted by Joe L. Baldwin (contracted purchaser) This narrative addresses questions 1 through 18 of the recorded exemption process. 1. Application is included in the package. 2. Deeds of property going back to when the property was split into 5.5 acres (1966) is included. Also, a copy of the contract from Joe Baldwin is attached. This application is being submitted by Joe Baldwin, contracted purchaser. All parties involved, including the Stiebens (the current owners), seller and purchaser real estate agents, and the lending institutions are fully aware of all aspects of this proposal. Copies are being supplied all for reference. 3. A certificate of conveyances form is attached. It was completed by the Weld County Title Company. 4. Requirement for certified list of property owners within 500 feet was removed from the requirements per LaNell of the Weld County Planning Services. 5. The requirement for certified list of mineral owners an lessees was removed from the requirements per LaNell of the Weld County Planning Services. 6. There is adequate rights and access to water for this property. The current 5.5 acres receives water from a 52 foot approved quality water well and from 5 shares of Big Thompson Water serviced through the Lower Boulder Ditch company. (See attached deed) The public water supply is from the Left Hand Water District. Their letter (addressed to Mr Joe L. Baldwin, contracted buyer of this property) assures us of the availability of water to the property. 7. The current lot has an approved septic tank, the second lot which will have 2.5 acres will have an approved septic tank. April 29, 1993 20 930480 ' iplication for recorded Exemp''nn Submitted by Joe L. Baldwin (contracted purchaser) 8. The property is currently being used as a private residence. The open space is used to occasionally graze several head of cattle or horses. On the property is: • Home with 2400 square feet and attached two car garage. • 1600 square foot barn. • Chicken coop • Irrigation ditches that run across the front of the front parcel, down the south side and across the rear, east parcel. • A large vegetable garden plot. • Two horse pastures. • Round 50ft horse 'corral'. 9. We (Joe and Jean Baldwin contracted buyers) will live on the front parcel and our Son and his wife, John and Cathy LaFleur will live on the rear parcel. 10. The back half of the lot is currently in unimproved pasture that is level and suitable for a home. The land drains well and has excellent views. No person's view can or will be impacted in any way by this change, as an abandoned Burlington railroad right of way is behind the property. 11. The land use we plan and intend is consistent with the Weld County Comprehensive Plan because its intended use is non-productive agricultural property which is also consistent with the surrounding properties. 12. Our intended use of the property as personal residence (non- productive agricultural use) is consistent with the current uses of the surrounding property which to the north is all 2-5 acre parcels with private residences and residential non-productive type property, while the land to the east, south and west are undeveloped land zoned agricultural. 13. Our intended use of the property as personal residence with agricultural use (horse property) is consistent with the current uses and any obvious new construction within the surrounding area. April 29, 1993 21 930480 P^olication for recorded Exemption Submitted by Joe L. Baldwin (contracted purchaser) 14. Our intended use of the property as personal residence with agricultural use (horse property) is consistent with efficient orderly development because we are carefully planning all aspects of this proposed transaction. The residence planned on the new parcel of land will be managed by an experienced builder professional a local firm with great experience in improving and building modular, manufactured homes on unimproved property. Probability 95%). All improvements will be performed using accepted and properly inspected techniques and processes. 15. The property and our proposed plan is in compliance with the Weld County Sub-division Ordinance. 16. The adequate provision of the protection of health, safety and welfare of the inhabitants are protected by the following public service organizations: • Fire - Mountain View Fire Protection District, Erie, 1.2 miles south. • Welfare - Weld County Sheriff responsible for patrolling the county. • Health - Nearest hospitals are in Boulder and Longmont, approximately 8 miles away. 17. Sketch of property included. 18. The current owners of the property, Charles C. Stieben and Burma L. Stieben have entered into a contract to sell the property to Mr. Joe L. Baldwin. Mr Baldwin and his wife, Jean are the originators of this action. It is their intent to live on the west 3.0 acres and sell the east 2.5 acres to their son and his wife, John and Cathy LaFleur. The Baldwins are hopeful for a quick and prompt approval of this application, as they are scheduled to close on the property June 10, 1993. It is their desire to split the property at the sale. By doing this action now, it will save us a great deal of money, as we will not be forced into a probable re-finance of our mortgage. Your early consideration and approval of this application is greatly appreciated. (Joe & Jean Baldwin) April 29, 1993 22 930480 Weld County Road 1 North Weld county road # 1 30036 1 e . , 1 ... House .... Driveway 1 Barn 1 fi Parcel 1 i Earthen send 733.8 86039 A 1 I I,•- .At. ' .•` 400F.w 330 Fr Aop,®e.t. Avv.®..• •'�. Parcel 2 326 Feet •> A•ppearne`te V Y V V Abandoned Burlington Northern RI to ay Legend Fence Ditch ••� Not to scale -93043 FIELD CHECK FILING NUMBER: RE-1500 DATE OF INSPECTION: May 4, 1993 APPLICANT' S NAME: Joe Baldwin REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SW4 of Section 6, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 1 1/2 miles north of Erie. LAND USE: N Rural residences, pasture land, Westview Estates Subdivision E Pasture, some agricultural production S Pasture land W Agricultural production, proposed Boulder County gravel mine site to northwest, river (or creek) within 1/2 mile ZONING: N R-1 (Low-Density Residential) E A (Agricultural) S A (Agricultural) W A (Agricultural) , Flood Zone Overlay District (Boulder County) COMMENTS: High tension power line easement through southern portion of property. On the property, there is a house, a big garage to the east and a small shed to the southeast of the garage. Access is shared with 5090 Weld County Road 1 and 5080 Weld County Road 1. Greg Thompson Current Planner 9304190 REFERRAL LIST NAME: Joe Baldwin CASE NUMBER: RE-1500 REFERRALS SENT: April 30, 1993 REFERRALS TO BE RECEIVED BY: May 14, 1993 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office _Dacono _Sheriff' s Office Eaton _Engineering X Erie Housing Authority Evans _ _Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE _- Garden City X Division of Water Resources _Gilcrest _Geological Survey Greeley _ _Department of Health Grover _Department of Transportation _Hudson _Historical Society _Johnstown Water Conservation Board Keenesburg _ Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _- Lochbuie Ault F-1 _Longmont _ _Berthoud F-2 _Mead Briggsdale F-24 Milliken _Brighton F-3 New Raymer Eaton F-4 Northglenn _ _Fort Lupton F-5 _Nunn Galeton F-6 Pierce _Hudson F-7 _Platteville _Johnstown F-8 _Severance La Salle F-9 Thornton _Mountain View F-10 Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ Pawnee F-22 _Adams _Platteville F-13 _Boulder Platte Valley F-14 Larimer _ Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton Panhandle Eastern Pipe Line Co. Fort Collins _Tri-Area Planning Commission Greeley X Lower Boulder Ditch Company Longmont 6390 Baseline Road West Adams Boulder, CO 80303 Attn: Albert Bloom COMMISSION/BOARD MEMBER 930480 4f' , mEmoRAnDum 1119 0 . Greg Thompson To Weld County Planning Date May 5, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Health/- SubIset.Case Number: RE-1500 Name: Baldwin, Joe L. 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. 3. An Individual Sewage Disposal System must be located at least 100 feet from any well or surface water source. 4. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/832 cd MAY 0 6 1993 ,a. Mormoir.- 930480 3 pq, DEPARTMENT OF PLANNING SERVICES 1rt ;--:44: \ PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES IMO C. 1400 N. 17TH AVENUE GREEL COLORADO COLORADO April 30, 1993 CASE NUMBER: RE-1500 TO WHOM IT MAY CONCERN: Enclosed is an application from Joe L. Baldwin for a Recorded Exemption in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 6, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles north of the Town of Erie. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 14, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, 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: �r 3. , �have reviewed the request and find no conflicts with ettei interests. e Pyzca..�--csslca w , a'(e 'i" (evict-) 'f41Z5 rcfet/&4 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. P ase refer to the enclosed letter. 70G. �l' e Signed: Agency: h Date: -Wg3 cl 1 1MAY 0 5 1993 I - ,ar AO404 611Ig Co O ,� • TOWN OF ERIE 645 ERIE O 100 O P.O.BOX 51 COLORADO LOCAL(303)828-3843 METRO(303)665-3555 -1?,-A 19:3.3 LHarteh W, ,_ County Administrative i±flc_._ 14':! j H . 17th Avenue �.. rre1e , Colorado W)6,31 RE : Caze Number : iE-- 160';: To Whom 1 1,^i'. Cnlicerfl : pJ .L i a.ili.r3 Sawyer . _c_ -tar.' . L. . MAY 0 5 1993 U POLICE DEPT. P.O.BOX 510 METRO(303)449-3156 LOCAL(303)828-3200 LONGMONT FIRE PROTECftbrvq anprh666-4404 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources z�F coto� Department of Natural Resources i� o ot13 3 Sherman Stree[, Room 818 0 Denver,Colorado 80203 May 18, 1993 tee Phone HO 3)866-3581 my 0 1993 Roy Romer FAX(303)866-3589 1 2 L Governor AilnA Rr Ken Salazar Executive Director Hal D.Simpson State Engineer Greg Thompson Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 RE: Baldwin Application for Recorded Exemption, Case No. RE-1500 SW 1/4 of the SW 1/4, Section 6, T1N, R68W, 6th P.M. Water Division 1, Water District 5 Dear Mr. Thompson: We have reviewed the above referenced proposal to separate approximately 5.5 acres into lots of 3 acres and 2.5 acres. The proposed 3 acre lot would be served by an existing well, permit No. 26755. The conditions of approval on this permit do not prohibit the issuance of an additional permit. It appears that the applicant is proposing to serve the 2.5 acre lot by either an individual well to be constructed, or by a tap from the Left Hand Water District. Our records show that the District has an adequate water supply to provide service to the proposed lot and the material provided included a letter of commitment for service from the District, if the lot owner chooses this option. We could also issue an additional household use only well for the proposed 2.5 acre tract. Since a well permit or a tap would be available, we can recommend approval. If the source of water for the 2.5 acre lot is to be a well, the availability of a well permit and our recommendation for approval is subject to the following conditions: 1. The property has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of either tract. 2. The well permit which will be available will be limited to use inside one single- family dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited. Plat notes and covenants should reflect this limitation. 3. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 4. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recommend that a copy of this letter be given to lot purchasers and submitted with the well permit application. 930480 Greg Thompson Baldwin Recorded Exemption Application May 18, 1993 Page 2 Feel free to contact Glenn Graham in this office if you have any questions or require additional information. Sincerely, JM) CPAANt 4'149 S John Schurer, P.E. Senior Water Resource Engineer JS/grg cc: Division Engineer File baldwin.ltr 930480 rt ,,,.,,,,,,,,,,\ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140O EY, N. ORA O8NUE GREELEY, COLORADO80631 COLORADO : I May 12, 1993 John Shurer Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 g Subject: Recorded Exemption 1500. Dear Mr. Shurer: I apologize for not getting you this referral sooner. If I could get a verbal response from you as soon as possible, followed by a written response, I would appreciate it. The applicant and I both thank you for your time and effort. Sincerely, 1 i -47 Atr 1 Greg Thompson Current Planner E GT/sfr s 930480 DEPARTMENT OF PLANNING SERVICES '*itit. ArliC\ PHONE (303)353-3845, EXT. 3540 ( WELD COUNTY ADMINISTRATIVE OFFICES I C. 1400 N 17TH AVENUE GREELEY, COLORADO AVENUE 80631I f COLORADO j May 20, 1993 Joe Baldwin 2772 W. 106th Circle Westminster, CO 80234 ! Subject: RE-1500 - Request for a Recorded Exemption in the A (Agricultural) zone district on a parcel of land described as part of the SW4 of Section 6, T1N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Baldwin: I have scheduled a meeting with the Board of County Commissioners on 1 Wednesday, May 26, 1993, at 9:00 a.m. to consider your application. This j meeting will take place in the County Commissioners' Hearing Room, first I floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer y any questions the Board of County Commissioners might have with respect to I your application. 1 The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is j the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing f to obtain the recommendation. I If you have any questions concerning this matter, please feel free to call me. Respectfully sdif 1)-4— Greg Thompson Current Planner GT/sfr 930480 (it il\t4H- i DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO May 20, 1993 Charles and Burma Stieben 5050 Weld County Road 1 Erie, CO 80516 Subject: RE-1500 - Request for a Recorded Exemption in the A (Agricultural) zone district on a parcel of land described as part of the SW4 of Section 6, T114, R68W of the 6th P.M. , Weld County, Colorado. i Dear Mr. and Mrs. Stieben: I I have scheduled a meeting with the Board of County Commissioners on Wednesday, May 26, 1993, at 9:00 a.m. to consider Joe Baldwin's application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The Department of Planning Services' staff will make a recommendation I concerning this application to the Board of County Commissioners. It is ft the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. I fl Greg Thompson Current Planner GT/sfr i 930480 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES O 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 30, 1993 Joe L. Baldwin 2772 W. 1O6th Circle Westminster, CO 80234 Subject: RE-15O0 Dear Mr. Baldwin: Your recorded exemption application is complete and in order and will be processed on or before May 29, 1993. If it is determined that the application meets the approval criteria of Sections 11.4.4.1 through 11.4.4.6 of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Erie Planning Commission for its review and comments. Please call Scott Hahn, at 665-3555, 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 Erie 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 call me. Sincerely, Greg rnompson Current Planner pc: Charles and Burma Stieben 9304!90 ‘t- DEPARTMENT DEPARTMENT OF PLANNING SERVICES PHONE(303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 30, 1993 Charles C. and Burma L. Stieben 5050 Weld County Road 1 Erie, CO 80516 Subject: RE-1500 Dear Mr. and Mrs. Stieben: The recorded exemption application filed by Mr. Baldwin is complete and in order and will be processed on or before May 29, 1993. If it is determined that the application meets the approval criteria of Sections 11.4.4.1 through 11.4.4.6 of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Erie Planning Commission for its review and comments. Please call Scott Hahn, at 665-3555, 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 Erie 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 call me. SI Sincerely, dGreompson Current Planner pc: Joe Baldwin 930480 Hello