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HomeMy WebLinkAbout730812.tiff � � �� , � ,/ /4 fey �‘„ t6ef i.711 if.2, .1114 RESOLUTION DIVISION OF LAND - N0. 1207-22-3-RE-27 DETERMINED TO BE EXEMPT FROM THE DEFINITION OF SUBDIVISION RANGE 68, TOWNSHIP 3 NORTH, SECTION 22 PART OF THE SOUTHWEST QUARTER (SW-e) : WHEREAS, on May 5, 1972, the General Assembly of the State of Colorado, enacted Senate Bill #35 as relates to Chapter 106 of the Colorado Revised Statutes, and WHEREAS, on August 30, 1972, the Board of County Commissioners of Weld County, Colorado, adopted Subdivision Regulations for Weld County, Colorado to comply with the prescribed Senate Bill #35, and WHEREAS, the Weld County Planning Commission has recommended to the Board of County Commissioners for recording of plat number 1207-22-3-RE-27 as provided in Section 9 of the Subdivision Regulations (exemption rules and regulations) for Weld County, Colorado. Said division of land determined to be exempt from the definition of subdivision is more particularly described as follows: A tract of land located in the Southwest 4 of Section 22, T3N, R68W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows; Beginning at a point on the West line of the said Southwest 4 of Section 22 from which the West 4 corner of said Section 22 bears N 00°43'00" E, a distance of 1365.00 feet, all bearing used herein relative to this line and do not necessarily reflect true meridian,. thence East a distance of 2508.28 feet; thence S00°43'00" parallel to the said West line a distance of 521.06 feet; thence West a distance of 2508.28 feet to a point on the said West line; thence N00°43'00" E, along said West line a distance of 521.06 feet more or less to the point of beginning, subject to any existing easements or rights-of-way of record. Said tract contains 30.004 acres. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the Chairman be and he is hereby authorized to sign the plat of a division of land determined to be exempt from the definition of Subdivision No. 1207-22-3-RE-27, for recording The above and foregoing resolution was, on motion duly made and seconded, adopted by the following votes 7 t AYES: `�J ✓1il /��„7l9J �/ ltt (C'C ) ( ufL, ,-, iDRO OUTH �0 OF COUN COMMISSIONERS O o NTY, COLORADO Dated: February 21, 1973 Re : PMT ili "J, 6,y7n1, 730812 �i hie_ Sa(4e7/4 ((:-ems r • int c Rnmrdvd aL.C..V��LL o'<I«4 AL„�" "� �'�� __ Rec. No...___.�v�7BVJ -._.Ann SRomer, Recorded - fitiCV 686 /_-_1_. c- RECORDED EXEMPTION NO. 12O7-22-3-RE-27 January 90,1993 Comers; Gene F. and Alberta L. Eberl Rt. 1 Box 253 I N Longmont, Colorado 80501 -.It,. VICINITY MAP (.Z4 A tract of land located in the Southwest. 1 of SCALE I'%3000' i Section 22, T.3 N•, MB W. o£ the 6th. P.M., II I Weld County, Colorado, being more particularly described as follows, beginninst at a point on r7I� N W I/4 N el/4 I the West line of the said Southwest 4 of Section OH I Icm 22 from which the West .i• corner of said Section F 22 bears N.00041•E• a distance of 1365.00 feet, o — — + — — N all bearings used herein relative to this line a I In and do not necessarily reflect true meridian, o SW 1/4 I thence Fast a distance of 2508.28 feet: thence • SE 1/4 I S.00%3•W. parallel to the said West line a ( I distance of 521.06 feet; thence West a distance I — of 2508.28 feet to a point on the said West II STATE-H IVY 66 I line; thence N.00°49•E, along said west line • a distance of 521.06 feet more or less to the point of beginning, subject to any existing easements or rights of way of record. Said IK S.W. 1/4 SEC.22 tract contains 90.004 acres. 521.06 N.00.43*E. — 4 260 53 ` 260 53 e_ 1365.00'0 We, Gene F. and Alberta L. Eberl and Frank E3 and F.limebeth WeinRardt being the sole owners w. 1/4 COR• in fee of the above described property do SEC. 22 herteby apbdts a the same as st on this ma 6TH. PM. W fs ( i, a`le ,p• . Gen geF• ,�� Alberta L E rl _ + �+t14�w�r 0�� F f 4f../. i�< - PYxnk Hd WeingaMt Eliiebeth Weinstal:at • The foregoing certification wets acknowledged i before me this tday of 6- 1„_4,4,,,qua,,,. , A,D. 10 ry.• . N My commission expires i ,6.1/4,, /s- > 7- -♦ 1 - •• ...... _ Notary Public L/./«.c n?j' ��/ ` .L 1 m N I Witness my Hind and Seale 4�•y, ,� 0, t• �. PI o i P-3-t Yt °1 { m ,,,I co D, .. • I • ,., ;/ ' 9 '4 '1 ` PARCEL _B _ I hereby certify that this plat •ets prepared 10.00 under my supervision, and that the same Is ACRES correct to the best of my knowledge and belief. ' G Qverturf Reg. Colo. L.S, No14OaT , 1••• • A� •� r �3 • 4a • es *•.. a .4 • q . a e e . .. 1 N.00.431 E'C I t•••�• E S , 260 53 • . Y The accompanying plat is accepted and approvedtrai , for fi 1 , 1 SCALE:1•300' , p man o the Hoard panty • caioners a•• PA RCEL C — A — Attests County Clerk. 20.00 f�,i ACRE S <ice 4L-I Dated a—.Z1ti1•. ./ 521.06 STATE OF COLORADO ~ C .O COUNTY OF WELD i� • 5.00.43rW - ) IF..RF.DY C".RTIFY THAT TIn5 INSTRUM1TFx'!D WA9 FILED FOR ACCORD W 1171( OFFICE A'D .. • �•• 4y��.0'CL0CKa...M. , B w _� ivies ..�' c. l • Ir Ls . a �~• t I -.a ',/ ..--• *I ' �� i u 4 0 i • lAND IS DULY RECORDED Di DOOR N0� b . eels' ��.�/, ��u +` /.3 9 Y ~fir J 4aw!'= I• �PACr \] D I • 1n e 1 ._ 1 • • ® F .• � _ •_•I •e • I •i; iIL /OIIaf • I • R$ooRDsa `II I• 1 Il • 1• la " O i �7 • as / n si: l I / /• .�_ / •• . • ••' • • > 'NT: u•eAl I„ 1 ••�•!. ll!.. > N" I . „ r t "11 E ftIC .:4 'c f i:, • •\# ,a , .« 1 �.M rfl�eru,Ma+ . n 6i + +«; y 4;4.4y. Y Ir p N I� _ .y, ,4 i f * 11 N. " \ R^ 4 4 y R } y f F u t F y • c 1, /, t.' 4 ,Ilr .r N , i A �. 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MINOR SUBDIVISION WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STATE OF COLORADO ) COUNTY OF WELD ) The SECURITY ABSTRACT CO., TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it . has made a careful search of its records and finds the following conveyances affecting the real estate described herein since May 5 , 1972 : LEGAL DESCRIPTION : 1 . co;Thty _ T 1� O1 LrlF '�� .��,_• 117E %!l?$ t i� 1 � r' 4rt ::ect'on 22, t i•i 3, Rah.f.t, 68 r. 1' �:._ ���t. ::.:gi is%•J i:o t i.r �� �' ,� �i: Ct �f'�� C;C�^.;lt Z ��)i� 7't^i: '.. e r. 1.{ �i,C.:r.t 7 fret south 1 , ' :3t tEi'. is iL' � tr- _ l,�_.._ J��.� ? 0..0 - } .a :l koca aJil! e;O-,. 3;_• East � r.. C i� - _ and. j.]J 1foet of !'_'ptil Ilij 1..11�1.'•� OI ;1:� i-i_:'_l • :•..:I L._ _r' ' 11l f� 1 �U units C� .,.n.e•" C7 it ll r i7• v �us, 7; } c!!14 R17i1 - t1 �S 717 [� � �l . . .! _ ,, ri 7` s 'L. • t:cr /::y to ix. poi CI fur :)v the 5 } � " .G :. nJr -' L!"� �.tiw•jCLt 1 a 11TH � uj35 � CG" Gr '✓ .�� uurin,`n.r< }h,v,•nn o .1 11 fl.r,,.,, . n ••' �. /f .� � •_ •: CONVEYANCES (if none appear, so state) : Reception no. /7"qy`/G.s , Book is 7 3 Reception no . Book 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 Planning Commission of Weld County, Colorado . - This Certificate is not to be construed as an Abstract of Title nor an opinian. of Title:, nor a guarantee Title and the liability o f.tcU R1 TY ABST ACT CO. COMPANY is hereby limited to the amount of the fee paid for this Certificate . In Witness Whereof , SECURITY ABSTRACT CO„ COMPANY has caused this certificate to be signed by its proper officer this day of &Gre,' r , A. D. 19 7.z, at 7, o ' clock . SECURITY ABSTRACT CO, COMPANY AU-TH ED„`431GNATURE • r . � ...___._.._ , ::\:. !I v r v 11e,or.'sxi at��7 • &clod..!_.• M, ,* �t -� 1 N1fi S;'U:rLR IReception t:o_.............._.._......_........._._._........--•--•'--- -.____.�.----B+eoedv. PILING STAMP - I I li THis DEED. Mad*this ler del 0i lugust ,1972 . 3 i i 1 between Frank Ed weingardt and Elizabeth Weingardt Store Cr :�� ,°r;. e- o• a-ytg AUG 3-;972,! in of the coon:,of weld sad slats of ? 47-‘7.0----.. . .., • sO 1 Colorado,of the first part,and { UN !I Gene F. Eberl and Alberta L. Eberl ltl a { • .-+ fl ties i, of the County of Weld and State of v es s tr 'i •Colorado,of the second part: . I� • In I W1TNESSETH,that the said party of the first part, for and In considerat:at of the sum of 1k � l 4 srl Ii **Sixty thousand and no/100 DOLLAR'S • O • `'- o !' and other good end valuable considerations to the said party of the first part in hand paid by the said parties of the O • - I second part,tbe receipt whereof v hereby ecafaaead and acknowledged,bas granted,bargainad,sold and conveyed, 2. I and by these presents does grant,bargain, sell,convey and confirm unto the said pares of second part, their • { heirs sad assigns forever,sot in tenancy In common but in joint tenancy,all the following 2aacrbed lot or co •Ii parcel of land,situate, lying and being in the County of '-':::....1 and State C:11 I ! of Colorado.to grit: A tract of land located in the Southwest Quart^.r of Section 22, E '! Township 3 North, Range 63 West of the 6th P.M., W.' County, Colorado, being more . � - , particularly described as follows, beginning Z, a point on the Kest line of the Southwest Quarter of said Section 22 from which the West Quarter corner bears North ' !I 00° 43' East a distance of 1365.0 feet, thence East a distance of 2703.23 feet, !' thence South 00 43' West a distance of 521.06 feet, thence west a distance of 2503.23 feet to a point cn the Weut line of the Southwest Quarter of said Section • 22, thence :forth 00° 43' Dist along said West line a distance of 521.06 feet more or less to the point of beginning. !! TO(:ETFIER with all and singular the hereditamenta and appurtenances thereunto belonging, or Li anywise 1 appertaining and the reversion and reversions,remainder and remainders, rents, issues area prafits thereof; Ind i !• all the estate,right,nee.interest,claim and demand whatsoever of the said party of the first part,either in law or i et:M:7,of,in and to the above bargained premises,with t.':e hereditamanta and apeurtaiaaees. TO HAVE .AND TO HOLD the said premises above bargained and desenbed,with tie appurtrsaaeea,mat*the '1 . • ! said parties of the second part,their heirs sod assigna forever.And the said party of tha first part,far himself,his heirs,executors,and sdministrators does covenant,grant, bargain and agree to and .ith the said 'artier cf the j second avert,their brio and assigns,brat at the ante of the easealiag and delivery of thew pi-manta,he is well tossed y of the premises above conveyed,as of good,sure,perfect,sbeolute and iadaises:41a estate of inheritance, :n law,ha j fee simple,and has good right,fail power and lawful authority to grant,bargain,Jell and convey the same;a MAZDA! i and form aforesaid, and that the same are free and clear from all former and other grants,bargsins, so.es, En*, taxes,assessments and encumbrances of whatever Icnd or nature soever, T 1972 except Cer.?sal azea `or fand subsequent years, and except easements, restrictions, and reservations of { record. :i . i , and the above bargained premises in the quiet and peaceable poaaesaion of the said parties of this vetoed part.the i surrivor of them, their assigns and the heirs and tssigna of sash en.-v.vor,against all and every person or persona I 'i lawfciiy lej a:r:g or to claim the whole or any pat.:ereef,the said party of the first part shall and will NA_15 t.NT AND FOP Y:1/ER DEFEND.i',he singular number a-,all include the pliiral.the plural tze s:as'..ar,and the:se d any �.r,a:vr-,:•••.: t'n <77..e..a.a4 to 311 zn:ers. 1 :N .7,.:,_;;d .rii.......z.oe the seid pa-17of::.)• first 'art has iereunto.44:.is:sand sad ilea;a: jie ilea; Lail.ear SJJ ! fi.•st sb,rre'written. , ! L r Signed,Sea ad and Delivered is the Presence of O. .. 1 it n.Lu, Frank Ed Weingar't f/ d . _.__..__ __ A lY !EiiZ�5; ;a r � 3 t l { _JJ i }; /J C' L '.�� �Jf- . • •• 10 -� J` f • ! ▪ ?U i✓.i,�1T.t.s9 .COLORADO. :Lila ;I J f-J. r 1-111,r - !nib I'r:.. .'roet. -Cr m ent was acknowledged before a this- let say of Au2uet , la 72 ,i I ' br :an:t"£: We.ingardt and Elizabeth Weingardt . sty Cornm:anron expires Cof_'-it.->:.LCn- -; ',1 . 797E . Witaeae my hand mad olfkial seal. ,! I :f --- 't t iI > '2: < :.1.4. -.f, NTV'DEED- To J.rnl renmts � � ,) a...•....^• .. +....•n. err...•horn inner new ar saM;it 6v 9....o.art's.ie,rpn.re<.ar•v t af•.r.1 •.►r,<r 01 v. �s.vr.f. '� • u N..pM,1..1 rl�,l'a r+.l•,.f ;ore.Yw,ll�wi•.en„y.,,.:r'.,�f l,..r,.( :u.•'...',\:,A. .. .•w. .� ,..r.rr'.i....-,f rra r.... , ....t t.._ '•.f...3:{ : ..•;+. .r,.-.14 .......,I. ....w ..A ;ref •l i<+saws .1,tr.IJ J -' • _ PPI.ICATIOIJ �:_.�:_ci r_ ^oti'r._=t�l_lrl _ ^,nm-�1.5.�1On ?cj�j_^►71 ? . 7._'. :D CODE: T:. -___L3.�_ S: 2� 1 CASE FJC�:iao _ 7,1 i�x lr DESC, APP R: c,..04 .________L:.� •)• � - 3 DATE: �.)— ----- ,-,c_014 D / - a S CY2C_riED �).: L. .riPPF I�' : ^ate----�—_ �^ tiE O !nn SENT T BOARD: ------ �-- RE,nRD frT; �4 p?: J1 �. .;� y APPT,tC,r rrfr ___ _ _ ___ C1f11• e?':£nt fa?' x'?Qtt].Y�-?(? • I (t..e} , .the underszrmed he- be designated for �` YAet,rae �'y rer� 'e- tat the fall ; a mgpmeT ` • 0,<4.;%Z e,•� at•:�n;, dercri�:e,? Drone„=Y sion'rs : LEGAL DESCRIPTION: Y the Weld County Board of Cortmi_s- • • • See Exhibit A attached ACREAr,E. LOT "A" 20 acres I,OT rlSi, 10 acres ;TOTAL 30 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROt,PETTY SINCE MAY 5, 1972? YES X MO i IT ANY OTHER PRO, F`FE OWNERS 'OF PROPERTY: lulls.: • Gene F.. Eberl Route 1 , Box 253 MA.�+�: .abazts ADDRESS Longmont , Colo . TEL: 535-4331 1�A1zF,:-- --� r_i ADDRESS same -` _ --____� .ADDRESS TEL: same . TEL: WATER SOURCE Longs- Peak Water Association TYPE ;F SE1R PROPOSED �etZ � �D USE Residential - • xte.re�. p • y deco„e and state under the penalties of perjury n"o_'�o:;als, and/or plans submitted with or contained that all statements, are true and correct to the best within this application st of my knowledge. R COUNTY OF WELD ) ir STAT OF C-0-171P7,75---) •r 0.410 • Signature : Owner or Auth o "�" rued A.,ent Subscribed and sworn to before me thi, t /Sa. day of s - i.47� }: rr SEAL , i f� fitT P{ ,IC - - ir_� 19 1978- - ---- .^w �_� ,..:, cotmi.ssi.on exoiren: - _` • •N R if " �,( x 1 NI/NOP SUS 'ISION NO. January 30,1973 f Owners: Gene F. and Alberta L. Eberl Rt. 1 Box 253 i Longmont, Colorado 80501 7 . i VICINITY MAP ) - A tract of land located in the Southwest t of I I SCALE: 1'-3000' Section 22, T.3 N., R,68 W. of the 6th. P.M., 3 1 Weld County, Colorado, being more particularly I j I described as follows, beginning at a Feint on 7I ' the West line of the said Southwest o_' Section : m I NW I/4 I NE1/4 > w 22 from which the West corner of said Section p h I 1 22 bears N.00°43'E, a distance of 1355.00 feet, 1 I _ _ _I_ _ _ N all bearings used herein relative to this line 1 o '� I ° and do not necessarily reflect true meridian, o s w 1/4 thence East a distance of 2508.28 feet; thence Ni H i. SE 1/4 I S.00°43'W. 'parallel to the said :Jest line a • I I distance of 521 .06 feet; thence West a distance I�_ _ _ _ _ _ 1 of 2508.28 feet to a point on the said West L STATE— I WY 66 - line; thence N.00°43'E, along said West line I I a distance of 521.06 feet more or less to the point of beginning, subject to any existing easements or rights of way of record. Said • tract contains 30.004 acres. i W S.W. 1/4 SEC.22 521.05. N.00.43.E. — o a s 0 We, Gene F. and Alberta L. Eberl and Frank Ed 9 260 53 — 260 53 — 1365.00 : and Elizabeth Weingardt being the sole owners Iw. 1/4 'COR. in fee of the above described property do SEC. 22 h eby subdir,v-sde the same as shown on this this map. 1:3N. R.68bW ,.. .,/,,,;.„ :,...V.,, .� .�,/� (//11 .•=1; 2�?- 6TH_ P.M. Gene F F`berl Alberta L Eberl t1• �,� / `/ Frank Ed Weingardt Elijebeth Weineardt v • The foregoing-certification was acrmouledged m - before me this 5-rday of F.�,r,,,3.,/ -, A.D. 19 9: . a My commission expires e y ,r_ct , • I - Notary public /,/. , iY/, j"-L,„,,,,,QJ I m ro 1 Witness my Hand and Seal J i - m .. m D m m N In N -4 to , -1 m c. . • I I. • PARCEL_ I hereby certify that this plat was prepared — 6 • under my supervision, and that the same is ' io.00 5 4 correct to the best of my knowledge and belief, �'y � L s,'�C—fdL Yr i - \ ' - -.' • G' en U. Overturf \` Reg. Colo, L.S. 2io.,. 235 . j ti\ �,7 _ 1 ON-00 4-3 E. ° • . ' 260 53 .;, The accompanying plat is accepted and approved • for filing. i SCALE = 1.300' 1 Chairman of the Board of County Commissioners r i m • PA RCEL i w — A — Attest: County Clerk 20.00 ACRE S By Dated J I 521.06. • C A• J.00'43"W. -'GCl 1 OUTIty a r'ea�tn .�2partm. BOARD OF Her L,� RALPH AA3, GREELEY 1$$$ 17TH AVENUE. ANDREW C.0 RTNtR, C.1 cgL[y EDGAR M, CLEAN=?. M.D. GREELEY. COLORADO $Oo31 NILES S. HILLER. PLATTEVILLE DIRECTOR •N NONY LEMSACH. GREELEY CLARENCE SITZMAN. GREELEY • TO WHOM 1T MAY CONCERN: The percolation test for Minor Subdivision has been approved by the Weld County Health Department. Owner: Gene F. Eberl Address Rt.l Box 258 Longmont, Colorado Location: Section S'/2,SW'/4 Sec.22, Township T.3, Range R.68 Date: December 11, 1972 lbE. Paul Acting Direc tor ctor Weld County Health Department • • • :-- LONGS PEAK WATER ASSOCIATION P.O. BOX 714 LONGMONT, COLORADO Weld County Planning Commission Weld County Court House Greeley, Colorado 80631 Re : Application for Building Permits Gene F. Eberl Route 1, Box 253 Longmont , Colorado Gentlemen: Mr. Eberl advised the Board of Directors of Longs Peak Water Association at its regular meeting, December 7, 1972, that he proposed to construct two new residential dwellings on property which he owns in Weld County, Colorado on the East side o£ Mead Road approximately 700 feet North o£ High- way No. 66. Please be advised that Mr. Eberl presently has one water tap on the system of Longs Peak Water Association serving an existing residence on the property now occupied by Mr. Eberl. The Association agreed that they will provide water service for two (2) additional residential dwelling houses proposed to be constructed by Mr. Eberl on the property which he owns at the site above described subject to the charges, rules and regulations of the Association and further subject to the following: 1. Mr. Eberl, at Eberl 's expense, to extend a 2" water line from the intersection of Colorado Highway No. 66 and Mead Road north approximately 700 feet to point where meters will be set for the two new residences proposed to be constructed by Mr. Eberl. This line to be installed immediately, weather permitting. 2 . Mr. Eberl to transfer 2 Units o£ Colorado-Big Thompson Project Water to the Association immediately. Very truly yours, LONGS PEAK WATER ASSOCIATION . —. BY: i Al - - _ ( - c t c , • HOUGH AND CURRENT ATTORNEYS AT LAW P. O. 60: 6..+ SUITE 201. BURGER BUILDING JHN S. HOUGH. 500 COFFMAN STREET PHONES: 776-5678 HOWARD C. CURRENT LONGMONT, COLORADO 80501 776-6150 December 11, 1972 Mr. Gene F. Eberl Route 1, Box 253 Longmont, Colorado 80501 Dear Mr. Eberl : Enclosed is letter of commitment to Weld County Planning Commission which you requested. Very truly yours, HOUGH & CURRENT �� J hn S. Hough 3SH/ab JI Encl. . ,UBDIVISI07.1 SUMARY FOR1 11n1 �f -... County -- ____...Type of Submission: Date: -.._._. _- - . _._. ..- _ . .__ .._.. Request for Exemption : �C - .- - ----Preliminary Plan Xaim I.0-O _ - Final. Plat _ Filing _ . Location of Subdivision: TOWNSHIP RANGE 6, cR SEC cP- 1/4 (,,] OS•�ne r(s) NAZ IE� EL re-1 ADDRESS - 0 S ) ac,x .�,�y� �-b in �Ml O 1/1 • •• !. _ • '" U.., . - _ .. ... .�... r _ _ Subdivider (s) NAME ' ADDRESS Type of Subdivision Number of Area*. % of * Dwelling Units (Acres) - Total Area ( ✓) Single Family _ _._ �C� _ (O O ( ) Apartments . ( ) Condominiums ( ) Nobile Homes ( ) Commercial N. A. ( ) industrial FI. A. ( ) Other (specify) Street Walkways Dedicated School Sites Reserved School Sites Dedicated Park Sates Reserved . - . Park .Sites _ • Private Open Areas Easements Other (Specify) Total *By :lap ;•Ieasure Page 1 of 2 -_:...mated ',later ?aqui-^ nts '—allons/day. :later Source(s) L0LI\ S Estimated Sewage Disposal Requiremtnt gallons/day. Proposal i•teans of Sewage Disposal � � c. ACTION: -� Planning Commission Recommendation Approval Disapproval� � t-- ) _ . . _. .._..___.._.. ____ �Re ,►ar'.a _. _._.__--_j--.__ Date 19 x _ Board of County Commissioners Approval Disapproval ( ? _ Exemption under C.R.S. 106-2-33(3) (d) - ( ) r�faa:cks (If exemption, state reason) - Date - - � .. . .. .. ._ _ 9 _ - - • Mote: This form is required • byC.R.S. 106-3-37 (4) but is not a part of the regulations of r! County. Page 2 of 2 COUNTY OF JEFFERSON STATE OF COLORADO The attached instrument was acknowledged before me this 9th day of February, 1972 by Gene F. Eberl , Alberta L. Eberl , Frank Ed. Weingardt and Elizabeth Weingardt. Witness my hand and official seal . otary u is • My commission:expires February 21 , 1972 vAN .Jl.'2'1'AA K G 1..1711v1PAN Y SPECIFIC PERFORMANCE CONTRACT (RESIDENTIAL) Part 2 5. General taxes for 19 72 , (based on 19 7_1— levy and 19 72 assessment), prepaid rents, water rents,sewer rents, PHA mortgage insurance premiums and interest on encumbrances,if any,and a tAx agreement shall he executed by buyers and seller for a final settlement to ha made in 1973 shall be apportioned to date of delivery of deed. A 17- 6. The hour and place of closing shall be as designated by Li St 1 ng Agent — F' 41 , `Jt Li ` 7. Possession of premises shall be delivered to purchaser on 15 days following possession of new homy to 5e constructed by seller . If re,' home is not completed CO enable sel tsar to close v subject to the following leases or tenancies: by August 9, 1972, the buyers and sellers hereby agree to �� extend aforementioned closing date. V If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be liable for a daily V rental of$ 20.00 until possession is delivered. 8. In the event the premises shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage,not exceeding,however,the total purchase price.Should any fixtures or services fail between the date of this agreement and the date of possession or the date of delivery of deed,whichever shall be earlier, then the seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size,age and quality,or an equivalent credit. 9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by either the seller or purchaser as herein provided, then this contract,at the option of the party who is not in default,may be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated,then all payments made hereon shall be returned to the purchaser.In the event of such default by the purchaser, and the seller elects to.treat the contract as terminated,then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non-defaulting party elects to treat this contract as being in full force and effect,then nothing herein shall be construed to prevent its specific performance. 10. In the event the seller fails to approve this instrument in writing on or before February 10 19 72 , or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be relased from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however,that in lieu of within said 30 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the correcting such defects, seller may, �.. purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance 11. Additional Provisions: yr Fence - Purchaser accepts responsibility of 1/2 of the fence cost on the North, East and South sides of the property. Easement - Seller is to have an easement of 30 feet across the purchaser's property that will enable him to have access to his remaining adjacent acreage on the South. Trees - Seller is to have ownership of 15 of the evergreen trees . Grass Planting - Seller is to seed the grass on the purchaser's property, and the purchaser is to pay the cost of seeding, planting and pro rata of the tazas and water rates . 12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to theJ;•2netit of the heirs es rs and assigns of said parties. "Jan Schaack & Company Incooporation / -/2 - .-i 7 7Z Agent r nntnansf rchaser _ ate /IL7 Purchaser l Date Dick Masker /� c( Seller approves the above contract this 7 day of -� f-'-s , 19 and agrees to pay a commission of 4 % of the gross sales price for services in this transaction,and agrees that,in the event of forfeiture of payments made by purchaser, such payments shall be divided between the sellers broker and the seller,one half thereof to said broker,but not to exceed the comnossion,and the balan to the seller. �_ /� L ate Seller t t I Seller ) Purchaser's Address - Seller's Address r • .STATE SALES VAis,CHAACri c, tr.0:N Pt`iLN Y .NAGEMENT LOANS 624 SEVENTEENTH STREET INSU RANCE r Phone 207-5000 SPECI FtC PERFORMANCE CONTRACT (RESIDENTIAL) Part 1 February 9 , 19 ]2 RECEIVED FROM Gene F. Ebert and Alberta L. Eberl Purchaser(as joint tenants),the sum of$ 2,000.00 ,in the form of check to be held by .IaCQ15t]l it Company ,broker,in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of Weld ,Colorado,to-wit: The 4est of 1980 feet of the South !I. of the Ste, Section 22, Township 3, Range 68 ':lest of PM, except 1320 feet North cf the :Jest 1980 feet. And except 660 feet South of the West 1980 feet, a total of 30 acres, beginning at the Meade Road and extending :East a parcel of 660 feet frontage on Mead Road and 1980 feet of depth, together with 30 units of mater rights in "Big T". And together with all gas, oft and mineral rights now owned by seller, subject to any leases of record. Survey to be paid for by the seller.,� , � %�_:- � .; ... , - with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided,in their present condition,ordinary wear and tear excepted,known as No. ti r" Z^• � i G. CC,': which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of ` a $ 60,0 X0.00 ,payable as follows: $ 2.000.0 0 ' 15,400.00 to be paid in cash at time of transfer of deedbyreceipted for. , $ 42,600.00 to be paid by purchasers named herein executing their negotiable promissor note to the sellers in that amount secured by a first deed of trust on the property described herein, amortized over a period of 15 years and bearing interest at 8% per annum; said payments to be made annually. There is to be no prepayment penalty after • the first year. • 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to exceed $ His and it is a condition of this contract that the purchaser may assume such encumbrance without change in its terms or conditions except 2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures;all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drapery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings, water softener (if owned by seller), fireplace screen and grate,built-in kitchen appliances,wall to wall carpeting and draperies and curtains aft in their present condition, free and clear of all taxes,liens and encumbrances;except as provided in paragraph 4;provided,however, that the following fixtures of a permanent nature are excluded from this sale: 3. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before July 1 , 19 If seller elects to furnish said title insurance commitment,seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and stifficient sertpr�l warranty deed to said purchaser on August 9 , 19 or, by mutual agreement,at an earlier date, conveying said property free and clear of all takes,except the general taxes for I9__Z7payable January 1, 1913_,and except free and clear of all liens for special improvements now installed, whether assessed or not; free and chw of all liens and encumbrances cxccpI easements for telephone,electricity,ware'and si'nitary seWcr,acid e.ts ept ____...__.--- and subject to building and zoning regulations,and restrictive covenants of record. Any encumbrance required to be paid may be paid from the Proceeds of this transaction. [, The printed portions of this form approved by the Colorado Rem' Fst.-,te Cnmm cc{no ter RECORDED EXEMPTION CHECKLIST (To be returned with application and completed by Planning Com- mission staff. ) The Planning Commission staff has reviewed the application for Recorded Exemption No . 420,7 _ aa_3_Rt-da#,c;iJ submitted by Gene f• tr� �r � and finds the following : 1 . That the proposed lots are not part of a recorded exemption from the definition of "subdivision or subdivided land " or a subdivision approved ' ev4iTwa; s;flee s -S/22 2 . That the proposed land division would not constitute the sub- division of a larger tract or parcel of land into more than two ( 2 ) building sites , tracts , or lots } - 6/n GP o e-�72 > _,4e e czl-ktr.herd /1 E vmrmtz � v...t n a 4-- .41 ,e-I-,U,e,�2 ! rstA e{ a f9/p-r f 3 . That the lots resulting from the proposed land division will each be accessible from an existing public road with a mini - mum frontage in conformance with the County Zoning Resolution ; 4 . That the proposed lots will have access to an ade2 /^� uate water � supply ; Sec /P{/er mvt Zi e> 5 . That the proposed lots will have access to an adequate means for dispps,al of sewage ; 4-"1-14 a4c 7, )e 0©. 6 . That the minimum lot size shall not be less than the zoniPg requirements ; 7 . That the land division proposal is in compliance with the Comprehensive Plan ; o% 8 . That said land division does not interfere with or lie within major floodways or drainage courses ; O 4 This application does /- comply with the requirements of Section 9 , Wel ounty Subdivision Regulations for Recorded Exemptions . A c.< "7" / urman orenson Date Planning Director Hello