HomeMy WebLinkAbout730821.tiff r� P--,, .2..2 ' .5 ,�
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RESOLUTION
WHEREAS, it has been determined by the Board of County
Commissioners , Weld County, Colorado, that a proposed sale of a
tract of land more particularly described as follows , to-wit :
A triangular parcel of land situate in the West Half of
the Southwest Quarter of Section 13 , Township 4 North,
Range 66 West of the 6th P.M. , Weld County, Colorado ,
and more particularly described as follows : Commencing
on the West side of said property at a point in the North
bank of the Western Mutual Ditch; thence running North
in the West section line 260 feet ; thence East 125 feet
to a point on the North bank of the Western Mutual Ditch;
thence running Southwesterly along the North bank of said
Western Mutual Ditch 290 feet more or less to the point
of beginning .
by Edward J. Jerke and Ethel E . Jerke does not come within the
purview of the definition of the terms "subdivision" and "subdivided
lands" as set forth in CRS 106-2-33 (a) and (b) 1963 , as amended,
and
WHEREAS, the Board of County Commissioners of the County
of Weld, State of Colorado , desires to exempt this particular
division of land upon the recommendation of the Weld County Planning
Director for the reasons as stated and pursuant to its authority
under CRS 106- 2-33 (d) , 1963 , as amended,
NOW, THEREFORE , BE IT RESOLVED, that the proposed sale of
the hereinabove described tract of land by Edward J. Jerke and
Ethel E. Jerke be exempted from the definition of the terms
"subdivision" and "subdivided lands" as provided for in the new
Weld County Subdivision Regulations at Section 2-1 , A. , (3)
adopted August 30 , 1972 .
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 5th
day of December, A.D. , 1973 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
2
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ATTEST:x/144,4»�o' �J(Le/ , �+ ` � ��„
Weld County Clerk and Recorder
and Clerk to the Board
l�� r2�.
( eputy County Clerk
� D AS TO FO :
75
County Attorney
730821
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For Actinn To County Commissioners Dore.. _.--. ___._
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I I I Far Ilia To ________ -_ __ ______-_______- Your AEtiun Or Reply Is R.:quire('
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i I._ L sra;:<;:_S.ubs.u_visi.0n__G.ve! ati_u__ on or c.,Iprr-- .
aaar-6/ jerter__s'a�0N7¢
Applicant
The owners of the following described uronerty have reouested
an exemption from Section 2-1 of the Weld County Subdivision
i regulations adopted September 1972 which defines the term
subdivision :
A `triangnrai "�are�},�drf�7 sit �ia� ei►s-west-,ffalf-off
1' the Southweat Ruartar o o, 01IVIPXAM0 -4 Borth Raage
O� 66 ges64,001444SSth rein re art cn ar -d-escribsd `
\r, asr t61-tariiiiretCanmencing oa -ths€ 6Fast skis-rotc 1638 groperty ,
\\ et 't+pcS-at l.ts a Roa,th hank c1:: Che ifasteral.-Nitnal..Di.tche
thisaca t=nnnin44grii in ths: 94, 0 ctioa' linr7260 feetr
theitte 3astttA2S .41 a 0i 'poinili.b i=the='sarth iISan]c' of--that
W:ea lltir 'tsntnakf*tai thesea) rnaalnq 3outhneaterlp alonq
the North- binS: 'Mai$' t seliiii• *lean Ditch 00 feet -more
• or. 7.ass $tot tivi4iiiat. o` ! hleg4,nai6gi e_s �_ -
:. wa 4 < t M� y µA
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0 K" X±e1422.4744
The Planning Department has r viewed this r quest and recom-
mends that the request be /"OUPet! for the following
reasons :
DOES DOES NOT STATE OF COLORADO f ss
COUNTY OF WELD
Y Require water e r Filed with the Clerk of the Board
/1of County Commissieears
X Require sewer NOV 301973
r--,44,„,N
}� Create traffic problems pppN CLERK AND RECORDER
/` By Deputy
/l Fall in flood plain _
XAgree with Planning Commission Policy
/`
V Create housing
X Agree with surrounding land use
/X� neet all known requirements
•
Comments :
Nr, i /1".5! Jet-A/c ace a/7 ereare y aer�e .
Unal% n, io 4"m 91/4..)-- PD aer��s, _27..2 /'s W>e e>�
! /s/ go ste/7 10ate r�O aes"ef' 1`a 11c- M.,g7e�i�Rb S
L{a2/4,e003 4 4k.g et per/77e?eor e'er Gf/B Or /77ave X, Gf�v/tPi- //� /ors,
/1i/y Pn ier s u o ce.4V 72.Ce. yosEsess i d o /-S
42 .....,Q `�1ir/�/f f`ei^ins oyl Aces l�sP alfiP/7 'Pe / 's
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'76020*
I
LAND LEASE
This lease made and entered into this
day of November,
1973; between KENNETH 0. HUNGE`7BERG and BARBARA J . ftUNGENBER ,
•
as joint tenants , hereinafter joint
re d "Lessors" , and EDWARD J.tenants , hereinafter called
JERKE and ETHEL E. JERXE ,
"Lessees" , Witnesseths
In consideration of the Lessees selling W 1/2 of the SW
1/4 of Section 13, Township 4 North, Range 66 West of the 6th
P.M. Weld County, Colorado, to the Lessors and the keeping and
performance
settforthhVesaids and Lessors haveagreements
and do the
herebysaid
L described premises ,
lease unto the said Lessees StatehoffColorado, to-wits
situate in weld County.
A triangular parcel of land situate in the West Half he West Half fRange
the Southwest Quarter of Section 13, icu
Township
described
66 West of the 6th P.M. and more Plarlya p property ide of as oints Commencing
inthetNorth bank of West
ofthesWesternsMutual Ditch;
at a p North in the West section line 260 feet,
thence ranting point on the North bank of the
thence East 125 fact to p Southwesterly along
Western Mutual Ditch; the nce sunning
the North bank of said beginnings
Western
Mutual Ditch 290 feet more
or less to the point
To have and to hold the same, unto the said Lessees from
i
this date for, during and until the Lessees, or the survivor his suchhpremiseslasetheirpartt home lwhichever sshallg first hall c ease cc
occur. It
yinq
as they continua to reside
is intended that this instrument be a lease of the above described
premises to the Lessees for as long
upon the premises without any further consideration or rent being
due and payable to Lessors.
Fox and in consideration of the leasing of said premises,
the Lessees covenant and agree as follows :
all weeds and growth upon said proptreed.
1, To keep going cut and in a clean condition. to prevent their g
2. To sublet no part of said premises nor assign this
lease without the written consent of the Lessors.
3. To occupy same as a family residence and to use
said premises for no improper or questionable purpose.
4. To keep any cesspool, grease trap or ashpits clean
and in the sanitary condition required by the Weld County
Health Department.
5. To pay all taxes or assessment that may be levied
upon the Westland Modular Rome, two car garage and any other
improvements which are the property of the Lessees and are
situate upon said premises at all times during the term
of this lease.
6 . If at the termination of this lease , Lessees desire
to sell the Westland Modular Home or any replacement thereof
and other improvements Lessees shall give Lessors the first
opportunity to purchase the Westland Modular Home or the
any
replacemproperty r h improvements
of theLessees atthesameprice which
anyother@party
property
may offer Lessee for same.
irN ,^
7. At such time an Lessees may terminate their occupancy
of the premises described herein to deliver to the Lessors
herein a quit claim deed relinquishing any interest under
this lease.
Lessors agree during the term of this lease to pay all real '
property taxes that may be assessed against the bare land exclusive
of any improvements placed thereon by Lessees.
in the event of breach of any of the covenants or agreements
herein by L , Lessors shall give Lessees written notice
of such breach and Lessees shall have Sixty (S0) daps within •
which to correct the breach. In the event Lessees fail to correct
such breach within said Sixty (60) days, Lessors may declare
this lease terminated and be entitled to possession.
In the event Lessors do not exercise their first opportunity,
within Thirty (30) days after receipt of a copy of the offer
to purchase then Lessors first epporuntity shall terminate and
L hall have the sight to remove the said Nome and all
other improvements located upon the premises. Nothin herein
contained shall be construed to give Lessors any ownership in
the said improvements now located upon or hereafter placed upon
the premises. At the termination of this lease Lessees shall
have the right to remove the Home and all improvements from the
premises free of any first opportunity in Lessors.
The parties acknowledge that Lessees may from time to time
reside temporarily in other places thereby not always residing
on the premises. This shall not in any way be contrusd to ba
a breach of this lease.
All of the covenants and agreements in this lease shall
be binding upon and apply to the heirs, assigns and legal representatives
of said Lessors and Lessees.
In witness Whereof, the parties have hereunder set their
hands the day and year first above written.
KENNETH ._ . BUNGENBHRG, Lessor EDWARD J. JERRE, Lessee
BARBARA J. NOH6fiNDERG, Lessor ETHEL E. JERRE, L
STATE OF COLORADO)
es. t
County of Weld )
The foregoing instrument was acknowledged before me this
day of November, 1973, by KENNETH A. NUNGENBERG, BARBARA
J. BUNGENBERG, EDWARD J. JERRE and ETHEL £. JERRE.
witness my hand and official seal
My commission expirest
�! notary Public
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November 26 , 1973
Board of County Commissioners
Weld County Colorado
Weld County Court House
Greeley , Colorado 80631
Re : Request for exemption
Route 2 , Box 253
Gentlemen : LaSalle , Colorado
The undersigned , Edward J . Jerke nd Ethel E. Jerke , here-
inafter called "sellers" and Kenneth J. Hungenberg and Barbara
J . Hungenberg hereinafter called "buyers " request exemption
from Senate Bill 35 and the Weld County Subdivision Regulations
for the following purposes and reasons :
1 . ) Sellers are conveying to buyers their farm , being
the West half (WZ) of the Southwest quarter (SWa) , Section 13 ,
Township 4 North , Range 66 West of the 6th P .M . , Weld County ,
Colorado .
2 . ) Sellers have agreed to sell the above described farm
on the condition they be permitted to reside in the residence
and yard located on said premises which sellers presently
occupy as their residence for their natural lives or until
they should move to another place as their permanent residence
as more specifically set forth in Lease attached hereto .
3 . ) Sellers are retired and because of their age and
health are no longer personally farming the property.
4 . ) Sellers have a permanent permit for their residence
(mobile home ) as granted by the County of Weld .
reAr
� �Jwi � rA.a_ � / . r - • y / � co . L.
Buyers Sellers L.
The above request for exemption is hereby granted .
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