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Home My WebLink About961634.tiff USE BY SPECIAL REVIEW PERMIT APPLICATION for: 8585 Weld County Road 22 Fort Lupton, CO 80621 dGou� r9°e . ki?10:n we\ 011 10 to citec°1 submitted by: Don and Linda Owens Gloraloma Ranch 9797 Coalton Drive Louisville, CO 80027 EXHIBIT 961634 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax (970) 353-6312 Application Fee Paid gilts e Receipt# Date 4/A! Recording Fee Paid Recee# Date Application Reviewed by: l �, U 'I( TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: p SE 59 T2N R67W Section 9 ,T 2 N, R 67 W-Total Acreage 1081 Zone District A Overlay ZoneNone Property Address (if available) 8585 WCR 22 PROPOSED USE Equestrian Center and Ranch SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: Jack & Verna Eckstinee� Address: 8585 WCR 22 City/State/Zip:Ft.Lupton, C080Home Telephone: 833- 3670 Business Telephone Name: Address: City/State/Zip: Home Telephone: Business Telephone APPLICANT OR AUTHORIZED AGENT (if different than above) Name: Don and Linda Owens Address: 9797 Coalton Drive City/State/Zip:Louisville, CO 80027 Home Telephone: (303) 494— 1414 Business Telephone: (303) 494- 1414 - DEPARTMENT OF PLANNING SERVICES USE ONLY Case# Flood Plain: o Yes o No Geologic Hazard: o Yes o No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. re . vaJ Signature: Owner or Authorized Agent 961634 ' 4 • r Y., ' . 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T :TO1 1111 o il • FQ " �i \/ , X4937),% L_ • Imo.=�= - • / ilij µ9O0 11/ • n prj . —— i— DSO � 0 ll obi lore � --:96,0 1 3V -----\, 1 - \ i i 0 / (`'-' \ c-N,---"--- 7,S — \ ( \ c . t v____, - r _ ir,, n nit '. : f'oc51 \ 4 J \ 1 1 Bl\1� BM ,/�—: 4 ® _ I 4994 �—�/ O /r • i Er/ I N SCALE 1:24 000 1 1 2 0 F-----t i ---1 l---a }-i I---i I 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET HH !-1 1-+ I---_____I i I I 1 .5 0 1 KILOMETER CONTOUR INTERVAL 10 FEET/ 2 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 8585 WCR 2 2 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS "OR SALE BY U. S. GEOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22C A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST 961634 4C., 4 €: MAP 37 R 67 W GINS MAP 34 ti D ONALD & BOG a� o el HE"' h1AGNESS t;.. s RICHARD J r F. BERTE B Ioa ILttaTA NCY SHIRLEY >'- VOGL eta' r LOWSA 6 aELEN F iYi a 1 JENNIF a or KANZLER r �_ H'&1O OooERo eALOwIN #y cc x ME R • ri \o �aa a�_ a xO a" -3 Trust a •. NtP UK 6 DENNIS & O CAERE)) F mt 3Q U' l'm ' Z W :J u RICHARD J p a SCOTT - z ti o 1-¢U,�° - r ‘4,,,,#).'; JOAN M. j„ CAROL)N Ir CLA &DENISE o„ r, aw N� }� io Iw� e w BAKER SEEWA_D is VOGL etal Cm `° tea oozxJNrcu a� tilt_ CAR0L FT r-' l is r r90 '&f' ,' °r e:o s , =bone <2. .,to LL K8 1 L "L ' CATHERINE C" RAVeve oim• A MPPYVE. y _SPRAGUE PAWS STREAR )CARLONs 'CAROL _ Lc. _IALFRED & I� FARMS CO _ KUIPERS Ci y. I VELY NE6 -SYLVA et&l I 7U 'CATERNE IEVELYNL ULHAu 4 CATER " L_ oERsoN E Y ,: 7 3 .) 77 T DAVID V 8 � La far.NA' ;Pl. Wax 0 9 r EP o L.6 Ne •°'L A S ��\� tT Y >> ENCHANTED JOYCE A pgCluF E sYNE o sYArvcE R. •K L., HILLS SUB, LEES HAMILTON L �' G �`i` RMEFi .:yyy,,, !,; - rot u 1 • BrzR. K7 .Ac IDa s � C. s -rte r L'/, � "�� a L t ti eR �.. LUPTON �� z7l E S MI: KAD �' PETER e. 1 1; o. ,� MEADOWS, G CL TESTS . r DNS. 5 ` , SUB-DIV 1 ��l -� S WEL_EMAN — lML6 ` \\y{ ". 5 :FY A,I B f 16 1 3 h S 1 DEaoRu n ,1. q A V GREELEY nwENER \ \ NATIONAL BANK �CASA GFZAN D�� ` I ELW 27 rI, IL W'_•ESTATES SUB�� Trustee et01 AR uN BARCLAY CP � �� wls% t i c r � rL. I eEIERL _I� 1201 x= ^" - - RO RT& > y., V RN & K ,REAI - CARL H. & BARNNY a e cs M✓ ANN _�,/� ,I STREAR JULIA A 1 "NY°� I. JESSE B. KER Ln / FARMS f'0 DEEP:: &MARY J. r i-I C7 r� I Ir sLees �� I GRANER oil iIRA - "D A � ✓ 2O 21 T 22 " L t '3 RENE O. �aery Ra fl SAUNAS I LE HA y HOWARD J SMEAR II x RIoN ,„ 11 PETER O. & JO N E I? W r - & FARMS eta • EDWARD A. LEONARD Y SUSAN R COMPANY SUL o� <W o r TESTS etal elal trL 5tees FRANCIS L+ I:, - - - - - s >� s !• > N RI -� PHILLIP E. $ HS `ere uii HS co orm of iii r L, CAMENISCH RESOURCESI! E RESOURCES wwccrvi ?bJ 'H {' M. o INC. NC RARTNERLN _ o — —.3-0 r L i r � � 3 2II5 27-K: LI CHARLES a`6 SCOTT D eo " c Ay DAV'D E SUSAN LD CL MICN A�L S ALLEN (EUGENE J �� soN • L AIN MALLORY BUSK coti"eh 1 SENARSON to a � KLITZ .�::• e a ..I;.R5 • N L f nER K CORP '- �_ CNNEITEA LE IC r r � L VONGSEkeo , G �,_ � � E ,,.r L I .. S _ w LAMS INATIONAELE - J PAUL & or IIa FRANCES NATION u--� I'� -'4-1- irroMAS E m z ANNE tt W O FUN<Na5H1, J BANK BO r P DIANA IEE r0 N 2 J , - M o ,I SUCKLA o DICKERSON a••x '"F , „ E K 5RURLING o wr L r MRS.SAM trustee to 'A FARMS INC - wHx Zz zof° L KOSHIO V\ wm I ;�u _m� x. 5 L..." -,r�L.z o1. ¢ z¢ z o/ ems m. or .r p A� c �oaw _ �.. 33 3 - 33 3 - 5° ANN �� A . Z1 lapel, , SUSAN L SUSAN J. TROUDT -; u r . J *Row* / eta! as' ANNA MAE K @ A GRABR'AN ,o " z n¢ >- r r JACK RGt CT _ - z_J , ma; vo SICKLE' B NGwARD aR.B a? rco o _. c.. ;Jim'NT UaW "r - - -r BERGER BELAINEINDER , �� aw LLo Tyco i Pr „5„,„0 L BINDER '!BROTHERS a�E -. �z " 14 u•mn L„ra ro.L X o .. TON•Nr Ir 1 •, -i ITI IIQ JCIIN5 MAP 44 1211 - o L • ` I. A' A s 961634 1i i to, J}„ Y ,. J • 1 4Qd' y ter Yy y ++ 1: R ('ri • 1 ,. ,:i4 • r - IR y _N, t , . "- — i I 3: 77 t , COALRiDGE DITCH __ G �y a• S.. ,'5 j Ti ', f . y : QVL� '� , 1 . F --- --- - I .a..:. t � � R - _.a,.j.,a..»..1 l . v. WCR 22 1�4 / k / V' U n -N /nllitirlia FARMERS DITCH f L Li _. 8585 WCR 22 361634 t, H 4 k* , �Ss �` .. r. 1 t ! [ ,,*41-.t:.4ftF 4 s .�t ' Y ! .^ ' �, . .s iqi 5Ire tr I • K 1 't �� liltx ? � - •N tS. Et I`mac @» .�° y ++:• il-3/4 Ill St i�, s yPi y7b ' ' at vy,- ' yl<'a. •f� a .'' , .,1 fir+« p' {- -. d S ? � sr ' + F 5 ,-1,...t . > �. it n J 9s.3a 1 ?_ • �6 Y j. r fs '-4;:-.7". 4 -, r i t.,: tF II tt 'h. 'n m AA"S s i - zr S j► 1, • t 3r Ai 33 j rs.,411 r.w� #° $ <2 inn�. w'�- l' s z. 71 C'e ', V- ' `. », ��y� yam, _ I' ' '_'$ + "`3: �.� d � QcA.L..` y...;.. Y. F"'r" h fi: r 1 * A#.� ' C uy .: j.,X'C SJ •tti. LW .r��l i�'�t �1'4>"p'RgYfx"». } ` „ �, r '. rs S>,� 4.4:1. vv a t? ./{ L R w^ �y ,, ^ *�a,,�� gY, .,. _ ".,..��•` s.:'�, • A -''',..."-,4% ,,-'4,. 4 .S , a�Lt Paw 4 xr iR *'.. . W 5 ik'M r Y' `" 961634 • w - a --i - I I t, I RR 23 ` 24 2 le ',St, W 2,Q 22 „ 22 ¢ 24 in e a r,I3 3 3 3 axesP—L 3 3 6N6 1 5X66 Bf, i Ittnirrze 28 , �¢ 60ti6 tr+^ 2r 1 naW ASA�ti6A 0. ', i IA6 - a N ' t ittlyl0,71 2i� d6 i " b ly��$4 - 1442 £ vt9�" rir IN S. Y Rx' £� ,;(*.::'.•1411H";•4" cs ��...6 ASe.l.i 5 WCR 11 a411R 'dm S+.,z `. a . s n.e a.✓ h, v ee „. s r t22±1474gg}'' �^' 5" E" A ) a N el ^, e 4 si 'I "'§ j eii ,4^ $i-LPW 6 to s 4 v s arw L `s Y3�+ 2t =>.W N RrLGW 6i 1^'y sai a.e p r • 8 T S i Fib IOa t ., s, tenMaa RNN a ., E a a<rWxnae . a 6j , ' ur . & � 9 N A v NJ A tN�p A bB N t 2. 3 et-a= % 4,.. „I s . } R LD44/e4 Fan qy R f t s ro weR u er1a°,r� wcefe 09 A r 6 „ „; a¢gAw 6 �` s. a° fi. m 4 iIIF wcQ,6_ WCR1l e f24 Orb A 6 j-, >, 2s ,5 r. 2i 22 v a, as 2/62.-‘0,„'t r & Exlren9 �.C Y�5_". Inti M1n0 n.'9 WWI,a_ SR 52 �� SH 52 s 2 2 , s wCn,2 wCR,2 ^ . i I x Io e ,a , x ,2 ar6"1 _ fl 4 MICR 10 WCfl 10 9 ..._. I NORTH a „ ,2 ,. ,2 _ I s e I¢ ie Proportional h ,e n m in • v 2I 'R a Q' a u Scale rt u n h & 3 3 3' 3 3 3 3 3 I 3 3 .:re'samt' R._._ I __ I ...._ 7 \ Legend Firestone N Residential Medium li Commercial and DensityFtYeStOYle CommereiaV Residential Low Mixetl use R-A Denalry III AgdeulturaV Comprehensive Plan ® Density High L Opens ace Map Amendment N ��.. B,a b DmsNY O en Spsee s ° Arterial Tier 1 CDP Area Major Arterial Tier 2 CDP Area �Errz19l8 ,,, 1996 1908 .2(21 2,,, Note:Except as noted,future Iransporletlon Improvements are not shown. May 9, J 961634 USE BY SPECIAL REVIEW QUESTIONNAIRE for Equestrian Center and Ranch 1. How is this proposal consistent with the Weld County Comprehensive Plan? This proposal for an equestrian center and ranch is consistent with the Weld County Comprehensive Plan. The majority of the acreage, which is irrigated, will remain in hay production, thus preserving prime farmland for agricultural purposes, as stated in Goal 1 of the "Agricultural Goals and Policies." The proposed structures will be erected in the vicinity of existing structures, on un-irrigated non- prime farmland. This equestrian center and ranch will provide a needed source of recreation and education for the residents of Weld County, as well as providing additional business for the County. 2, How does this proposal meet the intent of the zone district it is located in? Goal 1 of "Agricultural Goals and Policies" states that prime farmland should be preserved for agricultural purposes. The hay production of the majority of the acreage of this proposal meets this goal. The equestrian center facet, a commercial operation concerning the boarding, training, and breeding of horses, will be located on non- prime farmland, minimizing the removal of prime agricultural land from production, and so meeting Goal 2. 3. How is this use compatible with future development as stated in the Weld County Comprehensive Plan? If yes, how? By retaining an agricultural zoning and keeping much of the property in hay production, the use of this property remains compatible with future development. The large acreage of hay crop provides natural open- space areas and preserves farmland, and it supports the agricultural productivity of Weld County. As the County continues to grow, the equestrian center will provide a facility for residents to learn about and enjoy their horses. Public facilities and services are already in place for the existing structures, and the proposal will place a minimal additional demand on these services. The property is in low density residential area, as per Firestone Comprehensive Plan Map Amendment (May 9, 1996). 4. What type of uses surround this site? Is this request compatible with surrounding uses? The areas surrounding this site are primarily irrigated, agricultural rural areas, with agricultural uses, This proposal will fit in with the surrounding uses, as it also has an agricultural use. 961634 5. Is this property located within a Flood Hazard zone, Geologic Hazard zone, or Airport Overlay zone, and does it meet these special requirements? This property is not located within any Flood Hazard zone, Geologic Hazard zone, nor any Airport Overlay zone. 6. What efforts have been made to conserve productive agricultural land? Productive agricultural land will remain in hay production. All existing and proposed structures are and will be located on un-irrigated non- prime farmland, so that existing productive agricultural land is conserved. 7. How will public health, safety and welfare be protected? Public health, safety and welfare will be protected by providing adequate perimeter fencing and wind-break tree lines. Adequate lighting in inhabited areas and traffic signs at the entrances will also meet this concern. 8. What will the site be used for? This site will be used for the boarding, training, and breeding of horses, with the facilities necessary for these activities. It will also devote the majority of the acreage to hay production. 9. How close is this site to other residential structures? The nearest residential structure is a home by the northeast corner of the property. There are no other residential structures in close proximity to this site. 10. How many people will be employed at this site, and what hours will they work? There will be 4 to 5 people employed at this facility, with hours from approximately 7:00 am to 5:00 pm daily. 11. How many people will use this site? Approximately 40- 60 people will be using this site during a typical one- week period. 961634 1 12. What type and how many animals, if any, will be on this site? The proposed equestrian center will have a maximum capacity of 150 horses. 13. What type and how much, if any, operating and processing equipment will be utilized on site? The operating and processing equipment utilized on this site will consist of the necessary farm equipment for the farming of hay, a farm tractor with necessary attachments, and farm facility maintenance equipment. 14. What type and how many structures will be erected (built) on this site? The proposed structures to be erected on this site consist of horse barns, an indoor arena with attached barn wings, a guest house, main house, storage buildings,two mobile home pads (see enclosed plot plan). 15. What kind (type, size, weight) of vehicles will access this site and how often? Daily traffic accessing this site will consist of primarily small- to medium- sized personal vehicles. There will also be periodic traffic from horse trailers and service trucks for feed and bedding delivery and waste removal. 16. Will this site use a septic system or public sewage facilities? There is currently an existing septic system on site; however, the proposal will require additional septic systems to be installed. 17. Are you proposing storage or stockpile of wastes on this site? If so, what is the size and type proposed? Waste will not be stored on this site. 18. How often will debris,junk, or waste be disposed of? By what means? The local trash company currently serving the property will remove debris, junk, and waste on a twice- weekly basis. Manure will be removed by area nurseries as necessary. Timberline Gardens is currently removing manure at the Broomfield location. 961634 19. How long will it take to construct this site, and when will construction begin? Construction will begin upon the sale of the 9797 Coalton Road, Broomfield, property. Construction of the indoor arena and barns should take a few months. 20. Explain the proposed landscaping plans and erosion control measures associated with this site. There are currently existing tree- lined wind breaks and shrubbery planted for the purpose of controlling erosion. Additional trees, wind breaks and shrubbery are to be planted for more landscaping and erosion control. Hay crops will also help to control erosion. 21. Explain any proposed reclamation procedures when termination of the Special Review use begins. Termination of the Special Review use is not foreseen; however, reclamation procedures would consist of back-filling any disturbed soil and re-seeding in grass. 22. Explain the need for the proposed use (activity) in Weld County. The large acreage of hay crop for the proposed site provides natural open- space areas and preserves farmland, and it supports the agricultural productivity of Weld County. As the County continues to grow, the equestrian center will provide a nearby facility for residents to learn about and enjoy horses,therefore offering recreation and education.. 23. Who will provide fire protection for the site? This site is in the Platteville Fire Protection area. 24. What or who will provide water to this site? Water to the site is currently provided by Weld County Water Tap #329. 25. How will storm water drainage be handled on the site? The proposed structures will not adversely affect the existing storm water drainage. 961634 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 1 lth Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750 1. Applicant Name Don and Linda Owens Phone (303) 494- 1414 Address 9797 Coalton Drive CityLouisvil!a State CO Zip 80027 2. Address or location of access 8585 WCR 22 Section 9 Township 2N Range 67W Subdivision N/A Block N/A Lot N/A Weld County Road # 22 Side of Road N N S E or W Distance from & number of intersecting road Adjacent to WCR 19 3. Is there an existing access to the property? Yes X No # of accesses 3 **.*********************************************************•*.. .. . N 4. Site Sketch WCR 77 X [CR .9 WCR 22 See Plat Map 5. Proposed use: X Permanent X_ Residential/Agricultural _ Industrial _ temporary _ Commercial _ Suowv sion _ Utner • *****************************************************************- OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized _ Information Insufficient Special Conditions Reviewed by: Title: :access.for 961634 "-cotaweu_ S N,N SCHAACK & COM. "if BAN KOR Cj 3300 28th Street Boulder, Co. 80301 P-'ndependently Owned and Operated Member of Caldwell Banker Residential Affiliates,Inc. Bus. (303) 449-5000 1111S FOINI ILIS Nil'OItlANl I.EGA1. CONSEQUENCES ANI) till: PARTIES SHOULD CONSULT LEGAL AND TAX Olt OTIIEIt COUNSEI. BEFORE SIGNING. VACANT LAND/FARM ANI) RANCH CONTRACT TO BUY AND SELL REAL ESTATE INEW LOAN] May 31 , 1996 1. PARTIES ANI) PROPERTY. DON OWENS LINDA OWENS • buyer(s) Moyer], (as joint tenants' /ttn<1 /h✓cXiXt/iI)) agrees to buy, and the undersigned seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of WELD , Colorado, to wit: 1 P S9 T2N R67W 108 ACRES M/L PLUS 43 ACRES M/L PERPETUAL RIGHT OF USE, LESS SE CORNER OF PROPERTY INCLUDING SHOP BUILDING-APPROX. 5 ACRES MINERALS ARE RESERVED BY SELLER Iknown as No. 8585 WCR 22 FT. LUPTON CO 80621 Street Address Cily Stale Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of . contract: fighting. heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/lire/burglar alarms, security devices. inside telephone wiring and comweling blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen fl appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), and garage door openers including Ilia remote controls; (b) it'on the Properly whether attached or not on the dale of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, healing stoves, storage sheds, all keys and (c) ALL ATTACHED FIXTURES INCLUDING INSIDE TELEPHONE WIRING AND JACKS, SECURITY SYSTEMS, PLANTS, MIRRORS, FLOOR COVERINGS. IF ON THE PROPERTY WHETHER ATTACHED OR NOT ON THE DATE OF THIS CONTRACT: STORM WINDOWS AND DOORS, WINDOW AND PORCH SHADES, AWNINGS, BLINDS, SCREENS, FIREPLACE SCREENS, STORAGE SHEDS, ALL KEYS. IALL FARM EQUIPMENT ON THE PROPERTY. THE SCIIEFLERA PLANT AND ASPARAGUS FERN ARE EXCLUDED FROM THE SALE ((I) Water Rights.Purchase price to include the following water rights: FIVE SHARES COALRIDGE DITCH WATER (e) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: 1 SELLER WILL HAVE RIGHT TO ALL 1996 LIVESTOCK PUT UPON THE PROPERTY BEFORE CLOSING DATE. SELLER WILL HAVE RIGHT OF ACCESS TO PROPERTY TO REMOVE LIVESTOCK DURING 1996 SEASON. _1 The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale, OUIT CLAIM deed or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The billowing attached fixtures are excluded from Ibis sale: ^IONE 3. PURCHASE PRICE AND TERMS. The purchase price shall be S , payable in U.S. dollars by Buyer as lit lows,(Complete the applicable terms below.) I (a) Earnest Money. S . in the form of PERSONAL CHECK/NOTE , as earnest money deposit and part payment of the purchase price, payable to and held by COLDWELL BANKER VAN SCHAACK ,broker, in its that account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, 1 or before clo:uag. The balance of a . (purchase price less earnest money)shall be paid as follows: (I)) ('ash al Closing. , phis closing costs, to he paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check (Good Funds). Subject to the provisions of Section 4, if the existing loan balance at the time of closing shall be different front de loan balance in Section 3, the adjustment shall be made in Good Funds at closing or paid as li tlows: JT/a (t•) New Lean. S by Buyer obtaining a new loan.'I his loan will be secured by a(I st,2nd,etc.) FIRST deed of trust. The Loan shall be:u norl lied over a period of 15 years al approximately $ TBD per MONTH including principal and ;merest not to exceed P+2 °A,per;umull),plus,if required by Iluyer's lender,a deposit of -1/12 or the estimated annual read estate taxes, properly insurance premium, and mortgage insurance premium. IF the loan is an adjustable interest rate or graduated payment ''all, the payments and interest rate initially shall not exceed the figures set forth above. 1 , 0 • The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) CBS3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ES,ATE [NEW LOAN) EXHIBIT Punted horn RoatFA$T Forms for Windows, Version 5.0(5,5), Copyright ReatFA$T Software Publishing Inc_ 1996 Reg I Prepared by-Ed Pruss,01 kqr Associate.Coldwoa Banker Van Sunaack&Company a!61634 05/30190 13 VBuyers) r r-Pageiol? — -t rr rniiv.num_pnimc-il iny�tnlHn.paid-try.rclrning.rut-stnlhmtzccccd ' 4De-fntat-Imn-mirormrNotmrtntarrding-tlrt In,mti (crest rale, to just 1 . 0 luau discount dl be paid by PURCIIAS ER and the balnce, .,any,shall be paid by PURCHASER I toyer shall timely pay a loam origination lee not to exceed 1 . 0 %of the loan amount and Buyers loan costs. (d) Assumption, 10MI'IT'El)- INAPPLICABLE' (c) Seller or Private Third-Party Financing. IOMITTED- INAPPLICABLE' • FINANCING CONDI'T'IONS AND OBLIGATIONS. (l) Loan Appliation(s). If Buyer is to pay all or part of the purchase price as set firth in Section 3 by obtaining a new loan or an existing loan is not to he released at closing, Buyer, if required by such lender, shall slake written application within S. calendar days from acceptance of this contract. Buyer shalI cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents and banish all information and documents required by the lender, and, subject to Section 3, - mely pay the costs of obtaining such loan or lender consent. (b) Loan Approval. If Buyer is to pay all or part of the itrchase price by obtaining a new loan as specified in Secliou 3, this contract is conditional upon lender's approval of the new loan on or before If not so approved by said date,this contract shall terminate. (c) Existing Loan Review. (OMITTED- INAPPLICABLE( (d) Assumption Balance. (OMITTED- INAPPLICABLE' (c) Credit Information, (OMITTED- INAPPLICABLE' 5. APPRAISAL PROVISION. (Check only one box) 'Ibis Section 5 D shall ® shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the sole option and election to tennivale this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by PURCHASER he contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice of rumination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price, on or before (Appraisal Deadline). If Seller does nol receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the dale of this contract shall be timely paid by • t'URCHASER • 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this ?'iracl shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. R. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense,either a current commitment for owner's title insurance policy in an mania equal to the purchase price or at Seller's choice, an abstract of tine certified to a current dale, On or before I Mead Iinc). If a lit le insurance commitment is banished, Iluyer may require of Seller that copies of instruments ,.n abstracts of instruments) listed in the schedule of exceptions (Ixceptions) in the title insurance cornnitment also be furnished to Buyer al Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together will any copies or abstracts of instruments furnished pursuant to this ectiun 8, constitute the title documents ('rifle Documents). Iluyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts f instruments listed in the schedule of exceptions no later than 3. calendar days alter Title Deadline. If Seller furnishes a title insurance commitment, Seller will pay the premium al closing and have the title insurance policy delivered to Buyer as SOotl as practicable after closing. 9. TITLE. (a) Title Review, Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerehantabilily of title or of any other asst ishtclory title condition shown by the Title Documents or abstract shall he signed by or on behalf of Buyer and given m Seller on or belitre 7 calendar days alter Title Deadline, or within live (5) calendar days alter receipt by Buyer of any Title, Document(s) endorsement(s) adding new Except ion(s) to the title commitment together with a copy of the 'fife Document adding new Exception(s) to title. If :ller does not receive Buyer's mince by the dale(s) specified almost, Buyer accepts the condition of title as disclosed by tie Title Documents as satisfactory. -- (b) Matters Not Shawn by Ike Public Records. Seller shall deliver to Buyer, on or before Ile Title Deadline set forth in Section 8, tie copies of all leases) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title tatters not shown by the public records of which Seller has actual knowledge. !foyer shall have the right to inspect the Property to determine if any Lard party(s) has any right in the Properly not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Whitten notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given Seller out or before . If Seller does not receive Buyer's notice by said dale, Buyer accepts title subject to ich rights, if any, of third parties of which Buyer has actual knowledge. (e) Special Taxing Dislrtds. SI'1!('1,\I. T)\\INII I11S'1'Itic iS MAY RE 51111.11:("1' '1'11 (I-NI'RAI. OBLIGATION INDEBTEDNESS '1'IL\'I' IS PAID J' Y REVENUES I'IFODllr'Fl) m4OM ANNUAL. LAX LEVIES ON THE R\\AHLE PROPERTY WITHIN SII('ll DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS Al' BE PLACED AT 1(1.SK FOR INCREASED MIL1. LEVIES ANti EXCESSIVE TAX f11iRDIINS It) SUPPORT THE SERVICING OF SUCH I1F:trr WIIEIIE IRCIIAISIAN('ES ataxia RESULTING IN THE INABILITY OF S11('11 A insulin'I'(1 DISCHARGE SUCII INDEBTEDNESS WITllO11T' SUCH AN INCREASE IN MILT. LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING ItEQUIREFIEN'I:S OE THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MII.I. LEVIES OF SII('11 !DISTRICT SERVICING S11('11 INDEBTEDNESS, AND 'lull•: PO'I'EN'I'IAI. FOR AN INCREASE. IN '(II SHIT.LEVIES. In the event the Properly is located within a special taxing district and Buyer desires to terminate this contract as a result, it' written n• • is given to Seller min or be line the dale set firth in subsection 9 (b), this contract shall then 'criminate. 11' Seller does not receive Ilayer's by the dale specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to 11m terminate. (d) Right to('ore. If Seller receives notice of unnrerchanlabi lily of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable elfin to correct said unsatisfactory title condition(s) prior to the date of closing. If Kepler hails to correct said unsatisfactory title condition(s) on or belire the dale of closing, Ihis contract shall tea terminate; provided, however, uyer may, by written notice received by Seller, on or halite closing, waive objection km said unsatisfactory title condition(s). ID, INSPECTION. Seller agrees to provide Buyer on or before , with a Seller's Property Disclosure ham completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee, shall have the right to have inspection(s) of the I physical condition of the Property and Inclusions, al IInyer's expense. If written notice of any unsaisl'actory condition, signed by or on behalf of Buyer. is out received by Seller on or before (Objection Deadline), the physical condition of the Properly and Ii clusiuns shall be deemed to he sal isfadnry to Buyer. If such nonce is received by Seller as set froth above, and if Buyer and Seller have not :agreed, in writing,Io a settlement Ihereof on or befhre (Resolution Deadline), this eunlraet shall lenninaae three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from !foyer waiving objection to any unsatisfactory condition. Buyer is responsible par and shall pay for any damage which occurs to the Properly and Inclusions as a result of such inspection. I I. DATE OF CLOSING. The dale of dosing(,shalt beisiMelliiiiat ,or by mutual agreement at an earlier dale. The hour and place of closing shall be designated by THE PARTIES • 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof,Seller shall execute;Sul deliver a good and sufficient GENERAL WARRANTY The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3.7-96) CBS3.7.96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATr [NEW LOAN] Printed from ReatFAST Forms for Windows, Versnn 5.0(5,5), Copyright RealFAST Software Publishing Inc., 1996 Registration LCOCOL222366 A Prepared by-Ed Press,pok 8 er Associate.Coidwell Canker Van Schaack Company 96163`2 age 2 017 Boyers) rDU `'�[-'"/ 05/30/96 110B08 Seller( earl, Iced to Buyer, on closing, conveying the I'ra' free and clear of all taxes except the general .:es For the year of closing, and except n/a _Title shall be conveyed free and clear of all liens for special improvements instilled as of the date of Buyer's signature hereon, whether assessed Pr not; except (i) distribution utility casements (including cable IV), (ii) those matters reflected by the Title Documents accepted by Buyer in ccordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with s et ion 9(h), (iv) inch ision of the Property within any special taxing district, (v) subject to building and zoning regulations. 13. PAYMENT OF E NC U MB ItA NCES• Any encumbrance required to be paid shall be paid at or belitre closing from the proceeds of this ransactimt or front any other source. 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all alter items required to he paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required locuments at or before closing. Fees for real estate closing services shall not exceed $ 150. and shall he paid at closing by IALF EACH . The local transfer tax of n/R %of the purchase price shall be paid at closing by n/a . Any sales and use tax that may accrue because of this —transaction shall be paid when due by n/a I5. PRO RATIONS. General taxes fir the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and n/a hall he prorated to date of closing. lb. POSSESSION. Possession of the Property shall he delivered to Buyer as follows: -THREE DAYS AFTER CLOSING. UPON MUTUAL AGREEMENT BY THE PARTIES, THE SELLER MAY RENT 3ACK THE PROPERTY ON A MONTH-TO-MONTH BASIS FOR A PRICE TO BE MUTUALLY AGREED UPON. subject to the following lease(s) or tenancy(s): THE TRAILERHOUSE IS OR WILL BE RENTED ON A MONTH-TO-MONTH BASIS. THE LEASE WILL BE TRANSFERRED WITH THE SALE. If Seller, ater closing, fails to deliver possession on the date herein specified, Seller shall he subject to eviction and shall be additionally liable to ISuyer for payment of$ 150 a per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this contract, ordinary wear and lear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of dosing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to 'r the same before the date of closing. In the event such damage is not repaired within said lime or if the damages exceed such suns, this . ,act may be terminated at the option of Buyer. Should Buyer elect to carry out this coat met despite such damage, ISuyer shall be entitled to crcdil for all the insurance proceeds resulting front such damage to the Properly and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) it service(s) 1101 or he damaged between the dale of Ihis contract and the date of closing or the date of 'possession, whichever shall be earlier, then Seller shall he liable For the repair or replacement of such Inclusion(s) or service(s) with a unit of ;Millar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of mss For any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in Section 2 and such party shall be entitled m such insurance proceeds or benefits for the growing crops, if any. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof If any note or cheek received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or it'any other ohligation hereunder is not performed or waived as herein provided, there shall he the following remedies: (a) IF BUYER IS IN DEFAULT: (Check one box only.) j(I) Specific Performance. Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall he forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in fill force and effect and Seller shall have the right to specific perlimnance or damages, or both. (2) Liquidated Da stages All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller nut both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value arc LIQUIDATED DA AIM ilES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONI,Y REMEDY for Buyer's failure to perform the obligations id this contract. Seller expressly waives the remedies of specific performance and additional damages. IL) IF SEI.1.EIt IS IN DEFAULT: Iluycr may elect to treat this emitraei as caned led, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and elect and Buyer shall have the right lo specific performance or damages,or both. (e) COSTS AND h:\TENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any —•ontroversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder if the earnest money and Ihings of value, broker or closing agent shall not he required to take any action but may await any proceeding, or at broker's it closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent -I icl ion and shall recover court costs and reasonable attorney fees. 10. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this contract, and is not resolved, the 'p;irlies and broker(s) involved in such dispute (Disputants) shall first proceed in good faith to submit lltc matter to mediation. 'I he Disputants wit jointly appoint an acceptable mediator and will share equally in die cost or such mediation. hi the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requitesling mediation is sent by one Disputant to the other(s), the mediation, unless otherwise Treed, shall terminate. This section shall not alter any dale in this contract, unless otherwise agreed. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has nil heel)approved by the Colorado Real Estate Commission). 22. RECOMMENDATION OF LEGAL COUNSEL. fly signing this document, Buyer and Seller -acknowledge that the Selling Company it the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23, TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall he relieved of all obligations hereunder, subject to Section 19. 24. SELLING COMPANY BROKER RELATIONSHIP. 11w selling broker, COLDWELL BANKER VAN SCHAACK and its salespersons have been engaged as DUAL AGENT Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency, seller agency, suhagency, or transaction-broker. 25. NOTICE TO BUYER. Any notice to Buyer squall be effective when received by Buyer, or, if this box is checked O when received by The printed portions of this form have been approved by the Colorado Real Estate Commission,(CBS3-7-96) CBS3.7.96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN} Printed from RealFAST Forms for Wndows, Version$.0(5,5), Copyright ReatFA$T Software Publishing Inc., 1996 Registration LCOCOL222366 Prepared by•Ed Pruss,t3 ok@r Associate,Coldwell Danker Van Schaack 8 Company Page 5 017 Ouyerlsl _ ;) 051701961727.76 961634 b b Sell / \ Selling Company. 26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF TII IS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid,binding upon the lies, or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. I29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in _writing, l>Y Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before — (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by leach party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to he a full and complete contract between the parties. IBUYER Pe- �7rJ� c� DATE ' 626,1762 DON OWENS 9797 COALTON DR. , LOUISVILLE, CO 80027 Home # : 494-1414 1 I BUY �'C.GC1 0(%-9G-) DATE i/.i J/! LiNDA OWE S 9797 COALTON DR. , LOUISVILLE, CO 80027 Home # : 494-1414 SELLER��I PL O. l.../-/lT'� DATEc ' / V JAC O CKSTINE 8 ' 8 WCR 22, FT. LUPTON, CO 80621 Home #: 833-3670 I SELLER U1-41W F.L� 2�l DATE S/3c/ 2 VERNA L. ECKSTIWE 8585 WCR 22, FT. LUPTON, CO 80621 Home #: 833-3670 The undersigned Bmker(s) acknowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. -Selling Company: Coldwell Banker Van Schaack & Company 3300 28th Street Boulder, Colorado 80301 Phone: (303)„...44 -50 Fax: (303) 449-6969 r By: 3i • Signature Ed Pr• ss Date Listing Company COLDWELL BANKER VAN SCUM K By Signature Date 3300 28TH. ST. BOULDER SO 80301 Address City Slate Zip Phone 449-9000 Fax 449-6969 • The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) CBS3-1-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN] Printed from ReaiFA$T Forms for Windows, Version 5.0(5,5), Copyright ReatFAsT Software Publishing Inc., 1996 Registration LCOCOL222366 Prepared by-Ed Pruss,Broker Associate,Coidweii Banker Van Schanck&Company 961634 r P"°6°'7 05/30/96 12..2736 Hello