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HomeMy WebLinkAbout730878.tiff (y<'9/X5.- �� 3 RESOLUTION IN THE MATTER OF THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO, PURCHASING LAND BETWEEN FORT LUPTON AND PLATTEVILLE, COLORADO, TO BE USED FOR COUNTY PURPOSES. WHEREAS, the Board of County Commissioners, Weld County, Colorado, has determined that it is rapidly running out of gravel reserves needed for county road purposes, and WHEREAS, certain lands between Fort Lupton and Platteville, Colorado, just west of Highway 85 are available with vast gravel de- posits thereon, and WHEREAS, the Board deeming it advisable and in the best in- terests of the County, has entered into a contract with the Saler''tor the purchase of said real estate for the total purchase price of $ 75,000.00 , and WHEREAS, the location of these gravel deposits between Fort Lupton and Platteville, Colorado, makes it convenient and desirable and in the best interests of the County to purchase said property. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners, Weld County, Colorado, hereby affirms and ratifies the purchase of said property, described as follows: _ All that part of Lot Seven (7), In the South Half of the Southwest Quarter (SISW; ) of Section Eighteen (18), Township Two (2) North, Range Sixty-six (66) West of the Sixth (6th) P. M. , Weld County, Colorado, lying South and West of the South Platte River, according to The Lupton Meadows Land Company Map of Division ' No. 1, recorded in book 5 of Maps, Page 13, Weld County records. and Lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (SISE; ) of Section Thirteen (13), Township Two (2) North, Range Sixty-seven (67) West of the Sixth (6th) P. M. , Weld County, Colorado, according to Division No. 1 Map . made by The Lupton Meadows Land Company; All that part of Lot Five (5) of the Northwest Quarter of the Southwest Quarter (NWI SW s ) of Section Eighteen (18), Township Two (2) North of Range Sixty-six (66) West of the Sixth (6th) P. M. . Weld County. Colorado, according to Division No. 1 Map made by The Lupton Meadows Land Company, lying West of the South Platte River; And a strip of land 100 feet wide, containing 3. 04 acres, more or lees, being 50 feet wide on each side of the center line of The Denver, Laramie and North- western Railway Company (formerly a Wyoming corporation), as originally located, over, across and through the Southwest Quarter (SW; ) of the Southeast Quarter (SE; ) of Section Thirteen (13). Township Two (2) North, Range Sixty- seven (67 ) West of the Sixth (6th) P. M. . Weld County. Colorado, said center line being more fully described as follows: Beginning at a point on the south line of said SW-,'4 SE4 of said Section 13, 660 feet, more or less. east of the southwest corner of said SW;SEI of said Section 13; thence North 7. 58' West to a point on the north line of said SW;SE; of said Section 13, 465 feet, more or less. east of the northwest corner of said SW;SE; of said Section 13. ramadz9iticitigistaasasii-0thslii !-- TOGETIIER WITH 86 shares of the capital stock of Lupton Meadows Ditch Company and one (1) adjudicated irrigation well together with pump, motor, and any and all other water rights or equipment used in conhectian with the operation y of the property. 730878 34. ar � r809,44 from Scott Realty Co. ; and that record title to said real estate be taken in the name of the County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1St day of August, A. D. , 1973. BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO l fc-(/Yeti //c--'L l ANeee'tr fi-C( r i (,1:, 7 6(, f ATTEST: County Cler ana l{ rder and Clerk to the Board BY yr C C-74-' Deputy ountyClerk APPROV D AS TO FORM: �/'i7-(( (2`-)i ounty Attorney -2- ",/,/ 3 9. ��a� OPTION AGREEMENT TIES AGREEMENT, Made and entered into this 1st day of August , 1973, by and between SCOTT REALTY CO. , hereinafter referred to as First Party, and WELD COUNTY, herein- after referred to as Second Party, WITNESSETH: WHEREAS, First Party is the owner of that certain parcel of land located in the County of Weld and State of Colorado, and more particularly described as follows: ' `_ A11 that part of Lot Seven (7), in the South Half of the Southwest Quarter (SSW+ ) of Section Eighteen (18), Township Two (2) North, Range Sixty-six (66) West of the Sixth (6th) P. M. , Weld County, Colorado, lying South and West o£ the South Platte River, according to The Lupton Meadows Land Company Map of Division ' No. 1, recorded in Book 5 of Maps. Page 13, Weld County records/and Lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (S=SE+ ) of Section Thirteen (13), Township Two (2) North, Range Sixty-seven (67) West of the Sixth (6th) P. M. , Weld County, Colorado, according to Division No. 1 Map . made by The Lupton Meadows Land Company; All that part of Lot Five (5) of the Northwest Quarter of the Southwest Quarter (NW4 SW 7 ) of Section Eighteen (18), Township Two (2) North of Range Sixty-six (66) West of the Sixth (6th) P. M. , Weld County. Colorado, according to Division No. 1 Map made by The Lupton Meadows Land Company. lying West of the South • Platte River; And a strip of land 100 feet wide, containing 3. 04 acres, more or less. being 50 feet wide on each side of the center line of The Denver, Laramie and North- western Railway Company (formerly a Wyoming corporation), as originally located, over, across and through the Southwest Quarter (SW; ) of the Southeast Quarter (SE; ) of Section Thirteen (13). Township Two (2) North, Range Sixty- seven (67) West of the Sixth (6th) P. M. . Weld County. Colorado, said center line being more fully described as follows: Beginning at a point on the south line of said SWISE; of said Section 13, 660 feet, more or less, east of the southwest corner of said SW;SE+ of said Section 13; thence North 7° 58' West to a point on the north line of said SW45E4 of said Section 13, 465 feet, more or less, east of the northwest corner of said SW i SE- of said Section 13. 1iso=a{stilel anr6 aftnasnifteltateRaGniSalitg. TOGETHER WITH 86 shares of the capital stock of Lupton Meadows Ditch Company and one (1) adjudicated irrigation well together with pump, motor, and any and all other water rights or equipment used in connection with the operation ' ) of the property. � B • WHEREAS, Second Party desires to acquire an Option to Purchase same, and First Party is willing to grant such Option, pursuant to terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties as are hereinafter recited, and other good and valuable considerations, IT IS UNDERSTOOD AND AGREED between the parties as follows: 1. First Party, in consideration of the sum of Five Hundred and no/100 Dollars ($ 500.00 in hand paid to First Party by Second Party, receipt of which is hereby acknowledged, hereby grants to Second Party the exclusive right at Second Party's option, for and during the period of thirty (30) days from the date hereof, to purchase the above described parcel of land for the total purchase price of Seventy-five thousand and no/100 Dollars ($ 75,000.00 ), which shall be paid upm the delivery of the deed as is hereinafter provided. 2. If Second Party elects to exercise the Option to Purchase here- inabove granted, all payments made by Second Party to First Party and which are hereinabove provided for, shall be credited to Second Party and applied against the total purchase price to be paid by Second Party to First Party. If Second Party shall not elect to purchase said property within the time provided, or notifies First Party in writing of Second Party's intention not to exercise this Option to Purchase, this Option shall terminate without further action and Second Party shall forfeit and First Party shall retain all option payments. 3. In case Second Party elects to purchase the above described property, Second Party shall verify such election by written notice thereof, served upon or mailed to First Party within the time above limited. There- after, First Party shall deliver to Second Party at First Party's expense -2- and option either an adequate title insurance commitment or an abstract of title to said property within fifteen (15) days of receipt of said notice to exercise said option and Second Party shall have fifteen (15) days after delivery of said title insurance commitment or abstract of title to com- plete such purchase. 4. If Second Party shall complete such purchase, First Party shall deliver to Second Party a warranty deed to the above described premises conveying good and merchantable title in fee simple to Second Party or to anyone Second Party may direct, free and clear of all liens and en- cumbrances and the parties agree to make the normal adjustments at the time of closing as to taxes, insurance, water assessments, utilities and rents on existing tenancies, if any. Possession shall be at closing, ex- cept that First Party may continue to farm and harvest the crops thereon during the calendar year of 1973. 5. If there are any defects in the title to said premises, and Second Party exercises its option to purchase, Second Party may correct same at expense of First Party and if the same are not correctable, all sums paid by Second Party to First Party shall be refunded. 6. First Party agrees not to sell or offer for sale the above described real estate during the life of this Option. First Party further agrees that any time before the expiration of this Option, upon request of the Second Party or assigns, First Party will deposit with any mutually agreeable escrow agent said good and sufficient warranty deed which shall convey title to said described premises to such purchasers as Second Party or assigns may direct. IT IS FURTHER AGREED that Second Party shall have thirty (30) days after the deposit of said warranty deed and its acceptance by Second Party in which to close the sale of said real estate after the ex- piration date provided for in this agreement and to make the balance of the cash payment due First Party as is provided for herein. -3- . 7. IT IS EXPRESSLY AGREED that if the within Option is not exercised as provided herein, First Party may retain absolutely the Option money paid herewith. 8. The purchase price shall be paid in the manner following: A. Five Hundred and no/100 Dollars ($ 500.00 ) option money shall be credited to the purchase price. B. Seventy four thousand five hundred and no/100 Dollars ($ 74,500.00 ) in cash to be paid on the date of closing. This agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, personal repre- sentatives, assigns and successors as the case may be. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. SCOTT REALTY CO. By 614-02, J e 6;711 Ernest B. Scott, President FIRST PARTY BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO ATTEST. _ W - fie, GL� � t � (ann., it -� County Cler andrl aecorder and << < // r__ Clerk to the Board SE� 'ND Para BY /%��MJAI � » ✓ Deputy County Clerk AP -R'd EV'�Dj AS TO ORM: afat0 —, Lay y Attorney -4- d, K 1 ) ' OCT 12 1973 -. (�7 Recorded ar•L w -- o'c�ork,.;:-- �e .. Ann Spomer, Recorder EXECUTOR'S DEED E THIS INDENTURE, Made this /9 TN day of October, A.D. , 1973, between JOSEPH F. KOENIG, as Executor of the Estate of JESS KOENIG, c� c‘a Deceased, Party of the First Part, and THE COUNTY OF WELD, STATE OF COLORADO, Party of the Second Part, WITNESSETH: Cis WHEREAS, in the District Court of the County of Weld, in the State of Colorado, on the 29th day of January, A. D. , 1973, in the matter of the 0 estate of Jess Koenig, Deceased, Letters Testamentary were issued to Joseph F. Koenig, Executor, with all powers accorded fiduciaries under 'Colorado Fiduciaries' Powers Act" (Article 8, Chapter 57, C. R. S. 1963, v 0 as amended), and said letters are in full force and effect as of the date hereof; NOW, THEREFORE, this Indenture witnesseth, that the said party of the first part, in consideration of the premises, and the further consid- eration of the sum of Seventy-Two Thousand Eight Hundred Eighty-Two and 50/100ths Dollars ($72, 882. 50), to him in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, has sold and con- veyed, and by these presents does sell and convey unto the said party of the second part, their successors and assigns forever, all the right, title and r interest which the said Jess Koenig had in his lifetime and at the time of his death in and to the following described lot or parcel of land, situate in f , the County of Weld, State of Colorado, to-wit: All that part of Lot Seven (7), in the South Half of the South- west Quarter (SZSW1) of Section Eighteen (18), Township Two (2) North, Range Sixty-six (66) West of the 6th P. M. , lying South and West of the South Platte River, according • to The Lupton Meadows Land Company Map of Division No. 1, recorded in Book 5 of Maps, Page 13, Weld County records, and Lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (SZSE,i) of Section Thirteen (13), Township Two (2) North, Range Sixty-seven (67) West of the 6th P. M. , according to Division No. 1, Map made by The Lupton Meadows Land Company; -and- . r rid ro BSI` �. ' 1 • 1622586 All that part of Lot Five (5) of the Northwest Quarter of the Southwest Quarter (NW4SW4) of Section Eighteen (18), Town- ship Two (2) North of Range Sixty-six (66) West of the 6th P. M. , according to Division No. 1 Map made by The Lupton Meadows Land Company, lying West of the South Platte River; -and- A strip of land 100 feet wide, containing 3. 04 acres, more or less, being 50 feet wide on each side of the center line of The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming corporation), as originally located, over, across and through the Southwest Quarter of the South- east Quarter (SW4SED of Section Thirteen (13), Township Two (2) North, Range Sixty-seven (67) West of the 6th P. M. , said center line being more fully described as follows: Beginning at a point on the South line of said SW*'-SE4 of said Section 13, 660 feet, more or less, east of the southwest corner of said SW4SE4 of said Section 13; thence North 7° 58' West to a point on the North line of said SW4SE4 of said Section 13, 465 feet, more or less, east of the northwest corner of said SW4SE4 of said Section 13; excepting 1. 7 acres, more or less, as conveyed by Deed recorded in Book 1257, Page 497, Weld County :Records; Together with 86 shares of the capital stock of Lupton Meadows Ditch Company and one (1) adjudicated irrigation well together with pump, motor, and any and all other water rights or equipment used in connection with the operation of the property. TO HAVE AND TO HOLD THE SAME, with all the appurtenances thereunto belonging, or in anywise appertaining, to the proper use, benefit and behoof of the said party of the second part, their successors and assigns forever, subject to 1973 taxes which first party agrees to pay in full; easements of record; oil and gas lease of record; and rights of tenant in possession. IN WITNESS WHEREOF, the said party of the first part, as Executor of said estate as aforesaid, has hereunto set his hand and seal the day and year first hereinabove written. / ddd �/ / b���2j. dl< -ec�:a_asf� Joseph F. Koenig, as Executor of the Estate of Jess Koenig, Deceased. -2- ^ 1 • `ook( 70t • 162?386 .3-3 STATE OF COLORADO, ) ) ss. COUNTY OF WELD, ) The foregoing instrument was acknowledged before me this /0 Ti day of October, A. D. , 1973, by Joseph F. Koenig, Executor of the Estate of Jess Koenig, Deceased. • ---- commission expires: /far* if 77 .:' � Y.. •:, • ;NI ire %Sr�� = (I) Crew v� • .. .. ' Notary Public ak • -3- County Clerk mad Recorder Date Item Charged Amount ro,4z/1 3 OP-co-It e)x.� 9 6 k ;)-.(fir, BOOK '701 1622386 titn /11 La ,90CT 12 1973 Received by w' Date /o -i z,- 73 TOGLTdE R WITII 86 shares of the capital stock of Lupton Meadows Ditch Company and one (1) adjudicated irrigation well together with pump, motor, and any and all other water rights or equipment used in connection with the operation ' of the property. I t Iry `-"' � -- >: r �h l r � _x '. ^ l^ Nt�f. lt 1 \ ' ; ISM ryt�yer 7. A fV,, P.�•. AC rr ef,,9—N' ` r TRS F 7 M.T eI� .vim .TW er7r� `T•1<'A-?M l �C �p • l y:: \J 1 l j t J l y - 4� 1 1. l r •� 1 1 )�y.�.� J� ,;4:44,-11.114;L) 'V-WZY.'-'.eTyPti. N'M.'Y,Wa x aZ-.. ♦a1Jw'."�..4r4 44Wa. Zb.e-o o.tt e;:;C- 4 re;Cr1e v 'ii,! A l AV// •.4. . 4w�.", aY.y^•. a "4,40y�. _�"r0w. :•�G��w Jnww.- .46..rsiXt�ati—P-Wie4 t . ...t*.'. I• ,'"'" tt frni a" I I1y a } .. lff/f/ V t/2 ."o.i th Q' _ c 'Jy t cc -a ^ r � �d, ,sJr p \\�`,.'74. t JflA .. 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'• S (` ( .' - C (� '.Vithess �i/:_._....hand and seal this __._ If 7-41 daY of _._�/_"h�� j9�� G j! i. , t b/ r q n ,`,,'���- i Iwi 0, 1, /{pace�t-ta a___ --7.- - 7--4-a71-—� i_.(sent) , . O 'I _ 1 "1: 4 -.r. S c l 711 t 1 , 1"�``�� rCfy 4.w.rffir E`lf/ti✓f NqR elt 8 f`/77 . — • r - Greeky, Colo., _September Iq , 19. .23 For value received I hereby sell, assign and transfer unto TEE COUNTY OF WELD,. STATE OF COLORADO all my right, title and interest in and to Nine (9) shares of the capital stock of The LUPTON MEADOWS DITCH COMFAN7j as evidenced by certi/irate No 241 of said company. And I hereby authorize and empower the secretary of said '11111711» c_patiy if caryet said certificate and issue a new certificate or certificates to effectuate this transfer on the books of thi l y presencemf �-�a�l. �ccaz .r 4 {' • jl�nf Aff4: P F E1ZIG XEC 'ESTA .i. E " OOR EPfIedeffiCEASED �dia..A Sfepr Ep #21(77 •MIJInq AMRi IOIll;ALE(MY Mt Scams. Pita." GIMLET, COLO. „/ • • - • .. a3.. iF; • � .. 'y F ' _ .:F r s Greeley, Colo., September 19 , 19 73 For value received I hereby sell, assign and transfer unto THE COUNTY OF WELD., STATE OF COLORADO all my right, title and interest in and to Eighteen (18) shares of the capital stock of The LUPTON MEADOWS DITCH COMPANY as evidenced by certificate 79 No of said company. And I hereby authorize and empower the secretary of said company to cancel;said certificate and issue a new certificate or certificates to effectuate this transfer on the books of the company. ) i In presence,of GEM If JESS a � f(97 THE ESTATE F%JESS KOEI�IG, DECEASED PRINTED'AND FOR,RA, RID THE(p,(,ps"Agate" GRRRLEY, COLO. I]+w • • ". Fe �1C is - iH ....yw•3' �(1111111IIIII%i1rr :..�.' —. i �tj O f, a . ♦ � ��,�. x r A* 'r'-� �..a. � n � y�y/a "" g'w r�. -.y r Fy' 7. C .µt� .n I.... ti +'°, �� -` \_I---)‘&,..„ ,t°�B& -,` eN era..o /�'""�� qc y� s> r -�,i � � `'`-`'`-�+m.. . 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T. \ t (I I �z 1 , r Witness _$_.... _.i _....hand and seal this .._ _.___st day of lr I9�.� 1 �'r nes�el1 by 2e (f _ 5 ' .lI C -- (SEAL) l,t , . . ,.._...._�`"C _.... d'„ ',, I\ j , ,.r ziG-.u..resf�uv C'II�i....1 ,udshK6/fiJ ' I11j1 f1111lllliljll` e ., - i ...A. - _ r • Greeley, Colo., September 19 19 13 For value received I hereby sell, assign and transfer unto THE COUNTY OF WELD; STATE OF COLORADO all, mY right, title and interest in and to Fifty—nine (59) shares of the capital stock of The LUPTON MEADOWS DITCH COMPANY at evidenced by certificate No 80 . """""s,of said company. And I hereby authorize and empower the secretary of said companyitb cdnZel said certificate and issue a new certificate or certificates to effectuate this transfer on the books of the company.y .' • t .ateoeLre� �- os� o In pnesevu et o �f/2�`Ti'r�A�r F. �-`!//-- .1.:1 liAi�Ccc e `f77 l I a ES GDa-a Grad ARD pRipoto p.r j prvAue Lr Mt trams""way GLLLILY, COLO. "'dn)))0 ----- s: ,•,:o. 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A- • u- t .b l'— 4' ; ��5 FOR VALUE RECEIVED _hereby sell, assign and.transfer to 41 0 1,,4111 Ulli lays.--..._� _ \(�itkeifillards; - of Stock within mentioned and hereby authorize the transfer of the same on the Books ` g i[� C''' ."ny I ti ' • ' ` od /9"11- Sn T1-41•44' 73 t - , i {Y�tfidss band and sea! this _ day of f�___..__ 19j C��1cnets¢d l"Y•- W � O i'� _ .. ...%.-A ���•l:E!4y___.X.!lf ._ (SEAL) / , ( 740- ,.,..7 g� _ � rye'-y�J / �,, ��� �� f//J 2 , / ,1'+..f i .‘,..,f �tt• / OiGG�'(•GG 4 .. _..LC"FY_ 11.PMrYC L.!(ll' r� :ruin a 11 itt in /t�s'44.4 f,...-eV/A(j/1111)+1/48 1977 ��Lii��, r/ 1 STATE OF COLORADO Deportment of Lew INHERITANCE TAX DIVISION Denver.Colorado 80203 RELEASE, FOR TRANSFER Estate of JESS KoENIG , Deceased Resident of Weld County,_ Colorado r Kenneth T. Colwell Send 2-1-O Firct Nat'l Dank Dldg. /O //- ii figie. To' Greeley, Colorado 80631 L J Written consent of the Attorney General, pursuant to the statute in such case made and provided, is hereby given to the immediate delivery or transfer of the following described assets of the above entitled estate. To The Lupton Meadows Ditch Company 86 shares of the capital stock in The Lupton Meadows Ditch Company, in name of Jess Koenig. Dated A F 27 197.3. OLIN P. MOO X rney enera R By NEIL TASHER Assistant Attorney General Form 2. Release for Transfer-Inheritanee Tax Lien. I —Bradford Publishing Co.,1824-48 Stout Street,Denver,Colorado-8-72 PL) REALTY CO. COLORADO, WYOMING, MONTANA, NEBRASKA, and TEXAS TELEPHONE (3031352-1212 a�,n, fill,P. 1212 8th AVENUE GREELEY,COLORADO 80631 October 3, 1973 County of Weld State of Colorado Re: Purchase of lands in part of Section 18, Twp.2N, R66W and in part of Section 13, Twp.2N, R67W, Weld County, Colorado from the Estate of Jess Koenig, deceased. Gentlemen: Enclosed please find: 1. Three stock certificates representing eighty-six (86) shares of the capital stock of The Lupton Meadows Ditch Company, properly endorsed for transfer, as follows: Certificate No. 79 for 18 shares Certificate No. 80 for 59 shares Certificate No. 241 for 9 shares together with State of Colorado Inheritance Tax Division "Release for Transfer". Fall, 1973, assessments which were payable October 1, 1973, have been paid. The mailing address of The Lupton Meadows Ditch Company is: c/o Russell G. Mulford Realty Co. 300 Denver Avenue Fort Lupton, Colorado 80621 Attention: Amelia Willmuth +The fee for issuance of a new stock certificate is $5. You may submit these certificates to the ditch company office and obtain a new certificate for 86 shares. ' 2. Copy of existing record as filed with the Colorado Division of Water Resources pertaining to Well No. 20137 located on property purchased from Koenig Estate. 3. Form No. WRJ-25-73 of State of Colorado Division of Water Resources, filled in to the fullest extent of available information, for signature of appropriate County v Official and submission to Colorado Division of Water Resources, to register Well No. 20137 under title of County of Weld. (A $2 fee should accompany the form.) t;74. Copy of "Findings and Ruling of the Referee" in Water Court Division No. 1, State of Colorado, regarding "adjudication" of Well No. 20137 under Case No. W-714. FARMS-RANCHES, BUSINESSES, HOMES, APPRAISALS County of Weld Page Two October 3, 1973 /1. 5. Copy of existing lease between Koenig and VonFeldt (tenant until December 31, w 1973). \- //6. Copy of existing oil and gas lease, as recorded under Reception No. 1548854, Weld County records. . 7. "Closing" Statement pertaining to aforementioned transaction. 8. Bill of sale for "non-realty" items 9. Copy of "Tax Escrow Agreement" providing assurance that sellers will pay 1973 taxes when same are determined. ,10. Scott Realty Co. check No. 8003 for $8 as seller's share of post-closing abstracting costs to be incurred. 11. Scott Realty Co. check No. 8058 for $29.69 as proration of oil and gas lease royalty payments January 1, 1974 to May 6, 1974. It is our understanding that the "County of Weld" desires to pay, subsequent to purchase, such closing costs as may be incurred on behalf of and chargeable to the County. Should you have any questions related to this transaction, or if we may assist you in any other way, please let us know. Sincerely, SCOTT REALTY CO. p Walt Frederick Closings Department lm Enclosures I 6- L,) i REALTY CO. COLORADO, WYOMING, MONTANA, NEBRASKA, and TEXAS TELEPHONE (303) 352-1212 1212 8th AVENUE GREELEY,COLORADO 80631 CLOSING STATEMENT October 3, 1973 PURCHASER: County of Weld, State of Colorado SELLER: Joseph F. Koenig, Executor of the Estate of Jess Koenig, Deceased PROPERTY: Parts of Section 18, Twp. 2N, R66W; and of Section 13, Twp. 2N, R67W, in Weld County, Colorado DEBIT CREDIT Purchase/Sales Price, as adjusted $ 72,882.50 Less earnest money deposit previously paid 500.00 Amount due herewith 72,332.50 $ 72,882.50 $72,882.50 APPROVED: RECEIVED: COUNTY OF WELD STAT OF COLORADO SCOTT REALTY CO. BY G BY: n adgnr-� C .> ' / ✓� FARMS-RANCHES, BUSINESSES, HOMES, APPRAISALS 4 -? OFFICE OF COUNTY ATTORNEY SAMUEL S.TELEP COUNTY ATTORNEY PHONE (303) 352-2369 220 FIRST NATIONAL BANK N CGREECE COLORADO 80631 BUILDING O • October 2, 1973 BVILDIG COLORADO Board of County Commissioners Weld County Greeley, Colorado 80631 Gentlemen: At your request I have examined Abstract of Title covering the title to the following described property located in Weld County, Colorado, to-wit: All that part of Lot Seven (7), in the South Half of the Southwest Quarter (SzSW4) of Section Eighteen (18), Township Two (2) North, Range Sixty-six (66) West of the 6th P. M. , lying Southold West of the South Platte River, according to The Lupton Meadows Land Company Map of Division No. 1, recorded in Book 5 of Maps, Page 13, Weld County records, and Lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (SzSE4) of Section Thir- teen (13), Township Two (2) North, Range Sixty- seven (67) West of the 6th P. M. , according to Division No. 1, Map made by The Lupton Meadows Land Company; and All that part of Lot Five (5) of the Northwest Quarter of the Southwest Quarter (NW+SWQ) of Section Eighteen (18), Township Two (2) North of Range Sixty-six (66) West of the 6th P. M. , according to Division No. 1 Map made by The Lupton Meadows Land Company, lying West of the South Platte River; and A strip of land 100 feet wide, containing 3. 04 acres, more or less, being 60 feet wide on each side of the WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K.BILLINGS ROY MOSER Board of County Commissioners October 2, 1973 page two center line of The Denver, Laramie and North- western Railway Company (formerly a Wyoming corporation), as originally located, over, across and through the Southwest Quarter of the South- east Quarter (SWISE4) of Section Thirteen (13), Township Two (2) North, Range Sixty-seven (67) West of the 6th P. M. , said center line being more fully described as follows: Beginning at a point on the South line of said SW4SE1 of said Section 13, 660 feet, more or less, east of the southwest corner of said SW1SEA'- of said Section 13; thence North 7058' West to a point on the North line of said SW4SEI of said Section 13, 465 feet, more or less, east of the northwest corner of said SWISE4 of said Section 13; except- ing therefrom 1. 7 acres more or less as con- veyed in a deed recorded at Book 1257, Page 497, Weld County records; Together with 86 shares of the capital stock of Lupton Meadows Ditch Company and one (1) ad- judicated irrigation well together with pump, motor, and any and all other water rights or equipment used in connection with the operation of the pro- perty. Title to this property except that parcel being last described above containing approximately 1. 7 acres more or less, is abstracted by The Security Abstract Conp any of Weld County, Greeley, Colorado, and last certified to under Certificate Number 26393 dated August 22, 1973, at the hour of 7:45 o'clock a. m. From such examination and examination of the records of The Security Abstract Company of Weld County, I find as follows: Fee simple title to the above described real property is vested in Jess Koenig, deceased, subject to and except the following: Board of County Commissioners October 2, 1973 page three 1. An oil and gas lease recorded June 10, 1970, at Book 627, Reception Number 1, 548, 854, Weld County records. 2. Property is entitled to the benefits and subject to the burdens by reason of its inclusion in the boundaries of the Northern Colorado Water Conservancy District, the South Platte Soil Conservation Dis- trict and the Fort Lupton Fire Protection District. 3. Subject to the Weld County Zoning Resolution and all amend- ments thereto. Also subject to Weld County Subdivision Regulations and Mobile Home and Mobile Home Park Regulations and all amend- ments thereto. 4. Abstract does not certify as to payment of 1972 taxes. 1973 taxes, due and payable in 1974, are now a lien. 5. Rights of persons in possession, potential liens by reason of recent improvements to the premises, if any, and unrecorded ease- ments or rights of way, if any, may be ascertained by physical in- spection of the property. In my opinion the title as set out above and subject to the foregoing is good and merchantable subject to the following requirements: 1. Filing for record with the Weld County Clerk and Recorder of the will of Jess Koenig, the Order Admitting said Will to Probate, and Letters.` d Very truly yours, t‘c? --° Samuel S. Telep County Attorney SST:sc 3Y .A,'it io/s/<i3 4 -- vet:44,pn OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303) 353-2212 EXT.221, 222&223 P.O. BOX 758 GREELEY,COLORADO 80631 COLORADO October 15, 1973 Amelia Willmuth c/o Mulford Realty 300 Denver Avenue Fort Lupton, Colorado Dear Amelia: As per our telephone conversation of the other day I am enclosing three (3) stock certificates in The Lupton Meadows Ditch Company that are as follows: Certificate No. Shares Name Dated 241 9 Jess Koenig 4/8/38 80 59 2/4/22 79 18 2/4/22 Also enclosed are three (3) certificates of transfer for the above listed stock certificates. Said stock certificates are to be transferred to, "Weld County, Colorado. Please return the new certificates by registered mail to: Weld County, Colorado Board of County Commissioners Weld County Court House Greeley, Colorado ATTENTION: WILMA ADAMS Thank you for your cooperation. Sincerely, The Board of County Commissioners Weld County, Colorado Bye/BA, 65/i.,,,,,t2 Deputy County Clerk �����, ��/�� WELD COUNTY COMMISSIONERS HARRY S.ASHLEY �. // GLENN K.BILLINGS Z1 L�"^ _�'✓ ROY MOSER LHR O63 10/30/73 A copy of the Executor's Deed was filed with the Water Court in Weld County , Colorado, for the adjudicated well on the property Wilma Adama Deputy STATE 0: COLORADO ) p ) ss. AFFIDAVIT County of a/L /c� ' ) �y P.CC'z'_; 1:0','T tl e urr'crsignad �-A- 1C� `__ + and being first drily sworn states asfollows : j 1. That ha is+ and has boon+ a resiclont of •/ `old Co "ir + for /i7.2 years. ?. That ha is :well acquainted with that cortai,n well+ on proparty legally described as follows: Se.- //it .ce 1/4/ S13 TZ N /e/7 /-J (,�ii Ce-ra zt 3, That ho states, of his own personal knowledge , that sa. woll was. drill d and nut to beneficial. use on or- about the 1-2- $ day of .6 y._=_._J • (Signature) - (Yr. ..� C �-"2 - Subscribed and srorn to before na this m day of OCyzf � + 19 7/ 41ITEESS Tv hand and official seal. 1• ..s.a.TAis.siop,exnci:ss _ ..,r•• ) ,� 4!l 121-a .2 / Q 3 / _ 44,p Ir."071tafeAV C / UM-IL C1a� 6a-uvL_ . i IN THE WATER COURT DIVISI OA: 1 STALE OF COLORADO { December 3 �, 1971 i To: Mr. Jess Koenig —^ 703 McKinley Avenue Fort Lupton, Colorado 80621 George Vranesh Water Court Referee for Division 1 , has instretca to fo_y rd to you this copy of h5 e, Ruling in Case Nuaer. li•- 714 You have twenty (20) days from date of mailing to file with the Water Clerk any Pretest to the Referee' s Ruling. In the absence of any Protest being received, the Judge of the Water Court will incorporate the Referee' s Ruling into the December 23 71 Decree which will be entered as of ^ __ ___, 19 _ .from E�.e Aah 4 LORRAINE AMBRUSTER /J�W-714 5-21-73 ; C�/� , _ Error corrected in legal description — `- • to now read 365' West. Destroy your So, clerk A 'born, clerk original copy and replace with this Water Court, Div 1 corrected one. If the property has changed ownership, please forward this 1 .0 CS . I..Ir or 789 (:olorec90 806j1 to the present owner. - -. IN THE WATER COURT IN AND FOR WATER DIVISION I , STATE OF COLORADO CASE NO. W- 714 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF JESS KOENIG ) IN WELD COUNTY ) FINDINGS AND RULING ) OF THE REFEREE THIS CLAIM, having been filed with the Water Clerk, Water Division 1, on March 17 , 1971 and the Referee being fully advised in the premises , does hereby find : 1. All notices required by law of the filing of this applica- tion have been fulfilled, and the Referee has ,jurisdiction of this application. 2 . No statement of opposition to said application has been filed, and the time for filing such statement has expired. 3. The name and address of the applicant is : Jess Koenig, 703 McKinley Avenue , Fort Lupton, Colorado 80621 4. The name of the structure : Well No. 20137 5 . The legal description of the structure : Well No. 20137 is located at a point 365 feet west and 60 feet north of the Southeast Corner of Section 13 , T2N, R67W of the 6th P.M. 6. The source of water is : Groundwater 7. The date of appropriation : July 12, 1954 8. The amount of water claimed: 1 . 78 cubic feet per second ( 800 gallons per minute ) • 9 . The use of the water is : Irrigation of land in Section 13, T2N, R67W of the 6th P.M. WHEREFORE, the Water Referee rules that Well No . 20137 be awarded a priority date of July 12, 1954 for 1 . 78 cubic feet per second ( 800 gallons per minute) from groundwater for irrigation purposes on land in Section 13 , T2N, R67W of the 6th P.M. in Weld County , Colorado . DATED this / 5— day of Dec:err hfr , 1971 . r No protest was filed in this matter. George ranesh , Water Referee The foregoing ruling is confirmed Water Division I, State of Colorado and approved, and is made the Judemeu and Decreo of thil court. Dated: <°,r n F h, �C%. :",:i ` 9 1/ IN THE WATER COURT IN AND FOR WATER DIVISION I, STATE OF COLORADO CASE NO. W- 714 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF JESS KOENIG ) IN WELD COUNTY FINDINGS AND RULING OF THE REFEREE THIS CLAIM, having been filed with the Water Clerk, Water Division I, on March 17 , 1971 and the Referee being fully advised in the premises, does hereby find: 1. All notices required by law of the filing of this applica- tion have been fulfilled, and the Referee has jurisdiction of this application. 2 . No statement of opposition to said application has been filed, and the time for filing such statement has expired. 3. The name and address of the applicant is : Jess Koenig, 703 McKinley Avenue , Fort Lupton, Colorado 80621 4. The name of the structure : Well No. 20137 5. The legal description of the structure : Well No . 20137 is located at a point 365 feet, cant and 60 feet north of the Southeast Corner of Section 13 , T2N, R67W of the 6th P.M. 6. The source of water is : Groundwater 7. The date of appropriation : July 12, 1954 8. The amount of water claimed: 1. 78 cubic feet per second ( 800 gallons per minute) 9. The use of the water is : Irrigation of land in Section 13, T2N, R67W of the 6th P.M. WHEREFORE, the Water Referee rules that Well No . 20137 be awarded a priority date of July 12 , 1954 for 1. 78 cubic feet per second ( 300 gallons per minute) from groundwater for irrigation purposes on land in Section 13 , T2N, R67W of the 6th P.M. in Weld County, Colorado . DATED this I S� day of .Decemd elm' , 1971 . George ranesh , Water Referee Water Division I , State of Colorado .--, --, To Be Filed in Duplicate A"-6,— Copy of State Engineer well permit must be attached to each copy. IN THE DISTRICT COURT IN AND FOR WATER DIVISION N0. STATE OF COLORADO CASE N0. W- IN THE MATTER OF THE . APPLICATION FOR WATER RIGHTS OF IN THE RIVER OR ITS TRIBUTARIES APPLICATION FOR UNDERGROUND WATER RIGHT TRIBUTARY INVOLVED • IN COUNTY �s� 681s� � , ; c1 11 1. Name of applicantln Mailing address: 7 D eAl e�''yL� Cii`e,,' 2. Legal description of location of well: { '- . ' � 3 T A N -� 3• Depth of well: a 7, r- ' < <-4 , 4. Date of initiation of appropriation: '5. Amount of water claimed in cubic feet per second of time:Pc ea, 6. Proposed use of water:- 2 7. Number of well as registered in State Engineers office or, if a new well, the number on the permit: 0/65 7 Aptitersompoter Applicant Address: Telephone: ,.0 Four Copies To Be Tiled e}71 / Two copies of State Engineer well permit or well registration must be attached IN THE DISTRICT COURT IN AND FOR WATER DIVISION N0. STATE OF COLORADO CASE N0. W- 1/9- IN THE MATTER OF THE ) APPLICATION FOR ) WATER RIGHTS OF ) ) ) IN THE ) APPLICATION FOR RIVER OR ITS TRIBUTARIES ) UNDERGROUND HATER RIGHT ) TRIBUTARY INVOLVED ) ) IN 0,�ai COUNTY ) • 1. Name of Applicant: Mailing Address: 7 a d * L-14-1 • 4, ro6'-/ 2. Legal description of well _location: 744147J t ? thr 4." r F rGfi � . r C.. , i .(%), 3. Depth of well: ,,2. 74-11—' 4. Date of initiation of appropriation: 7- ' I 5. Amount of water claimed in cubic feet per second of time: 6. Use or proposed use of water: �� r �� 4 r re-lj i 7. Number of well as registered in State Engineer's office or, if a new well, the number on the permit ' C / 3 7 8. Land irrigated (description and afcreage). .2,77([ f -r7; "°I Lit em i • Atto ney for Applicant Address: Telephone: WELL INFORMATION DATA CASE N0. W-/7 Name of applicant: Mailing Address: We₹t-Permit or Registration NumberA % A Location of Well : Section , Township 2 ; Give bearing and distance from Section corner or distance ' N - S and E - W from section lines. ,ti _ 6 5' DATA: DATE: ( . Depth of well feet. Depth to Static Water Level / feet. Horsepower of electric motor / _ Diameter - discharge pipe inches. Pressure at sprinkler head - - per sq. inch. CAPACITY OF WELL: 1. Actual measurement a 1.` 9Pm (cb not use pump-test data) 2. Or one of the following measurements: 2a. WEIR ES. —�I F elseo � W t R \14\‘ I ' INCHES DISCHARGE PIPE INCNES� 2b. — :NONE$ -101 I. D. PIPE ' - INCHES \ 12! \ I 6'� 01( �f' . ^ MAP SNOWING WELL LOCATION SECTION 1`' TOWNSHIP y] R Kea S. ; RANGE � 4 52,801 "ss.. MILE 2640' Fr-1/2, MILE 1320' --b- 0 Iy4 MILE 5 1 \ SCALE 1"• 1000' `1i '' t{- <, State of Colorado ) ss. County of ) , being first duly sworn upon oath, deposes and says that he has read the foregoing information, knowsa the contents thereof and that the same is true. Subscribed and sworn to before me this day of Z 19 My commission expires: Notary Public WELL INFORMATION DATA CASE N0. W- 1/2 Name of applicant: Mailing Address: Well Permit or Registration Number . Location of Well : Section , Township , Range . Give bearing and distance from Section corner or distance N - S and E - W from section lines. DATA: DATE: Depth of well feet. Depth to Static Water Level feet. Horsepower of electric motor . Diameter - discharge pipe inches. Pressure at sprinkler head per sq. inch. CAPACITY OF WELL: 1. Actual measurement gpm (do not use pump-test data) 2. Or one of the following measurements: 2a. WEIR --j1I F \ ••. R o \\\\ I I- \ Oil . � , INCHES INCKS1 DISCHARGE PIPE :NCNES —51 2b — i.. D. PIPE 1 NC FFPE 12"_ __ _i \\ r MAP SNOWING WELL LOCATION SECTION firsoWNSNIP,1' Wci N.oft S. ; RANGE tit -� 521101 I. 1 MILE 2640' Y T1/2, MILE 1320 �Y4- MILE r-' \•i ` SCALE 1"• woo' State of Colorado ) ss. County of ) , being first duly sworn upon oath, deposes and says that he has read the foregoing information, knowsa the contents thereof and that the same is true. Subscribed and sworn to before me this day of , 19 My commission expires: Notary Public WELL FILING INSTRUCTIONS 1 . The 1969 Water Rights Determination Act declares that all water originating in or flowing into this state, whether found on the surface or underground, is the property of the public, dedicated to the use of the people of the state and subject to appropriation and use in accordance with law. 2. The procedure for adjudicating well water rights is to submit an application in quadruplicate to the Cleric of the Water Court. At the end of each month, the Court publishes a Resume of all applications filed during the month; this constitutes notice of the claims to all interested parties. There follows a period of two months during which Statements of Opposition may be filed. At the end of this time, the Referee reviews the applications and issues Rulings. A copy of the Ruling is mailed by Certified Mail to each applicant or his attorney. A period of twenty days from date of mailing is allowed for protesting theReferee's Ruling. At the conclusion of that time, and in the absence of any Protests, the Ruling is incorporated into the Decree signed by the Water Jadge. The Court sends copies of all Decrees to the State and Division engineers, but not to the applicants except upon request and then there is a charge o£ $1 .00 per page. 3. Whether your well should be adjudicated depends upon the output of water. In the case of existing wells, all those with a yield of more than 50 gallons per minute come within the law. In the case of new wells, all those with a yield of more than 15 gallons per minute must be decreed. You will be permitted, however, to apply for a decree on a well of even smaller size. 4. If your well is registered with the State Engineer, your Water Court application must include two copies of the Registration or Permit. These can be secured from the following address, if you send them the legal description of the location of the well: DIVISION OF WATER RESOURCES, .Underground Section 101 Columbine Building, 1845 Sherman Street Denver, Colorado 80203 They will mail these to you and their charge will be $1 .00. A copy of the half-page "Notice of Registration" which you already have is not sufficient. Wells not registered with the State Engineer should nevertheless be adjudicated. 5. All wells owned by the Applicant, if located in one county, must be included on one application. If the printed form does not provide enough space, attach a separate sheet of paper to answer the questions on the additional wells as per this example: Well #2 �� Well #3 • 2. 3• CJ 3. 4. fit, 5. •v '`' �� 4. ,� ti� 5. 6. • *,z 6. 7. 1 T /1,\ 7 8. �( 8. ? Well #4 Well #5 2' 2. 3. 3. 4. 4. etc. etc. 6. In giving the legal description of the well's location, it is necessary to pinpoint this by a tie to a known survey point. If you do not have an engineer's bearing, measure the distances by using a steel tape or by pacing them off and giving the number of feet north or south and east or west of a certain section corner or section lines. The enlarged section map on the Supplemental Information Sheet will assist you in computing these distances. Your complete legal description, therefore, should contain the Quarter Quarter, Section, Township, Range and pinpointed location measurements. -over- i-. r1 1 7. Your Registration will show the yield of the well at the time of drilling in gallons per minute. To change this figure to cubic feet per second, divide it by 450. The Supplemental Sheet calls for a. measurement of the flow this year. You may make the mees:z_ement yourself by tieing either one of the diagrammed methods or any other recognized method. Please indicate what method you use, Your. "Amount of water claimed" should be foe. the larger amount. If the current measurement results in a figure larger than that ehcn•.n on the Registration, explain why. 8, "Initiation of Appropriation" refers to the priority date you are claiming. In order to go back to the date of initial use as yourappropriation date, your application west be filed before July 1, 1972. For all wells put into use before 1957, there must be an affidavit supporting thin date. The affidavit may be signed by the vel3 driller, or anyone having custody of his records, by anyone who lived on the property at the time or by anyone in the community who has personal recollection of the date. Copies of receipts or any records referring to the existence of the well would serve as supportive evidence of the Ppprop::iation date. The Supplemental Information sheet and the affidavits take the place of sworn teetielony in the courtroom and, in the absence of auestion or opposition, will avoid the necessity of a hearing on your application. 9. FILING FEE: $26.00 per application. This includes one well. For each additional well listed on the same application, add an additional $5.00 fee. Thug, for two wells the fee is $31 .00, for three wells it is $36.00, etc. Make checks payable to WELD COUNTY DISTRICT COURT. 1U. If you are filing the application yourself - without an attorney - it should be signed by you as "Applicant". Strike out the words "attorney for". You must also have your signature notarized on the reverse side. Please be sure to put in the County at the top of the page. Review your Application carefully as INCOMPLETE FILINGS WILL BE RETURNED TO Mit ! CHECKLIST: 4 cceies of the Application, signed and notarized. Is the legal description complete and correct? Is there an amount of water claimed? Iz there an appropriation date? Have you given the number of acres and the legal description of the land to he irrigated? 2 copeG of the Registration or Permit on each well. 2 copies of the Supplemental Information Sheet for each well, signed and notarized. F'.aTi- you pinpointed the location of the well? 2 camas of each affidavit. Correct filing fee. CLERIC OF THE WATER COURT Division 1 , State of Colorado P.O. Box 789 Greeley, Colorado 80631 phone: 353-8050, extension 43 or 44 .^ • The 1969 Water Rights Determination Act declares that all water originating in or flowing into this state, whether found on the surface or underground, is the property of the public, dedicated to the use of the people of the state and subject to appropriation and use in accordance with law. (Colorado Revised Statutes 148-21-2) . The procedure for adjudicating these rights is to submit an application, in duplicate, for Underground Water Rights. Sufficient forms are enclosed so that you may have one copy for your records. At the end of the month of filing, the application is included in the Resume published by the Clerk of the Water Court; the Resume serves as notice to all interested parties. Well applications are published onee in the newspaper of most general circulation in the county in which the well is located. Following the month of filing, the statute provides for a period of two months during which Statements of Opposition may be filed, should anyone care to oppose any appli- cation. At the expiration of this period, the Water Referee will consider the application and issue a Ruling. A copy of this Ruling is mailed to the Applicant, or his Attorney if he is represented by counsel, and to any who have entered Statements of Opposition. A period of 20 days from date of mailing is allowed for protesting the Referee's Ruling. At the conclusion of that time, and in the absence of any Protests, the Ruling is incorporated by reference into the Decree signed by the Water Judge. If Protests to the Ruling are filed, the matter then is set for hearing before the Water Judge. All well applications must be notarized and must be accompanied by a copy of the well registration. This can be secured from the following address: DIVISION OF WATER RESOURCES, Underground Section —j 101 Columbine Bldg. , 1845 Sherman Street Denver, Colorado 80203 They will mail this to you and their charge is 500 per page. All wells owned by the same Applicant, located in the same county, may be included on one application. The basic filing fee of $26.00 covers the first well, and each additional well is included at an additional cost of $5.00 per well. The filing fee for an application concerned with just one well is $26.00. Checks should be made payable to WELD COUNTY DISTRICT COURT. At the present time, domestic and stock wells do not have to be adjudicated; however, since they can be included at such a minimum cost, the Water Judge and the State Engineer's office are recommending that this be done. These wells are defined as those with a 2 inch discharge pipe or less. If the printed form does not provide adequate space, use the reverse side or attach another sheet of paper for the additional information. Unregistered wells should also be adjudicated. ` Before you file an application be sure you are not in a Designated Groundwater Basin as wells in those areas are not within the jurisdiction of the Water Court. In giving the legal description of the well's location, it is necessary to pinpoint the exact location by a tie to a survey point. If you do not have an engineer's bearing, measure the distances by using gsteel tape or by pacing them off and show them as so many feet north or south and so many feet east or west of a certain section corner. The enlarged section map on the second sheet will assist you in computing these distances. In Item 4, the "Date of Initiation of Appropriation" is the date the well was first put into use. This date will be shown on the Registration you receive from the State Engineer. In addition, you must submit evidence to verify such date. A notarized statement from a party who, from personal knowledge, can verify such date will be acceptable. If more than one such party can provide statements of verification, you should submit all of them. A . -over- i rr Your Registration will also show the yield of the well at the time of drilling in gallons per minute. To change this figure to cubic feet per second, divide it by 450. If you choose to make your own filing without benefit of counsel, mark out the words "Attorney for" below the signature line on the face of the application and sign your own name. If you have a telephone, please include the number with your address. The second page of the Application calls for current information, part of which may or may not be the same as that given on the Registration. The instructions for making the measurements of the well's present yield are diagrammed so that the applicant may do this. Use whichever method is best suited to your situation. One of these data sheets must be filled for each well. It is hoped that the submission of this information will avoid the necessity of a hearing on well applications. You may file your Application personally with the Water Clerk's office on the third floor of the Weld County Court House or you may mail it to the following: CLERK OF THE WATER COURT DIVISION 1 P.O. Box 789 Greeley, Colorado j riTr REDi a �C©.COLORADO, WYOMING, MONTANA, NEBRASKA, and TEXAS I ilc!iD li;;;(t, TELEPHONE (303) 352.1212 1212 8th AVENUE GREELEY,COLORADO 80631 TAX ESCROW ACREEXLNT IN AS MUCH AS JOSEPH F. KOENIG, Executor for the Estate of Jess Koenig, deceased, has entered into an option agreement with Scott Realty Co, is which agreement said Joseph F. Koenig has agreed to convey the real property therein described free and clear of all liens, encumbrances and general taxes for 1973; AND IN AS MUCH AS AFOREMENTIONED option agreement has been exercised and the real property described therein has been deeded to the County of Weld, Colorado; AND IN AS MUCH AS THE general property taxes applicable to the real property described in aforementioned option agreement and in aforementioned deed are not at this time precisely determinable, nor are said taxes as yet due and payable; IT IS THEREFORE AGREED to by the undersigned parties that the sum of $550.00 shall be deposited by Joseph F. Koenig, Executor for the Estate of Jess Koenig, Deceased, in the Trust Account of Scott Realty Co. , and held in such Trust Account until such time as the 1973 general property taxes an the subject property previously referred to herein and subsequently described below shall have been determined by the appropriate assessing and taxing officials; at which time said deposit of $550.00 shall be released from the Trust Account of Scott Realty Co. and shall be applied toward payment of aforementioned 1973 taxes. IT IS ALSO AGREED THAT any excess of such escrow fund remaining after payment of taxes as provided herein shall be refunded to Joseph F. Koenig, Executor; and, conversely, should said escrow fund be insufficient to pay taxes as provided herein, said Joseph F. Koenig, Executor shall deposit with Scott Realty Co. Trust Account sufficient additional funds to be used for payment in full of taxes as provided herein. The real property referred to herein is described as follows; (See Page Two following) • • FARMS-RANCHES, BUSINESSES, HOMES, APPRAISALS All that part of Lot Seven (7) , in the South Half of the Southwest Quarter (SIISW4) of Section Eighteen (18) , Township Two (2) North, Range Sixty-six (66) West of the Sixth (6th) P.M. , Weld County, Colorado, lying South and West of the South Platte River, according to The Lupton Meadows Land Company Map of Division No. 1, recorded in Book 5 of Maps, Page 13, Weld County records, and Lots Seven (7) and Eight (8) in the South Half of the Southeast Quarter (S1SEy) of Section Thirteen (13) , Township Two (2) North, Range Sixty- seven (67) West of the Sixth (6th) P.M. , Weld County, Colorado, according to Division No. 1 Map made by The Lupton Meadows Land Company; All that part of Lot Five (5) of the Northwest Quarter of the Southwest Quarter (NWtiSW1/4) of Section Eighteen (18) , Township Two (2) North of Range Sixty-six (66) West of the Sixth (6th) P.M. , Weld County, Colorado, according to Division No. 1 Map made by The Lupton Meadows Land Company, lying West of the South Platte River; And a strip of land 100 feet wide, containing 3.04 acres, more or less, being 50 feet wide on each side of the center line of The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming corporation) , as originally located, over, across and through the Southwest Quarter (SW1) of the Southeast Quarter (SE'1) of Section Thirteen (13) , Township Two (2) North, Range Sixty-seven (67) West of the Sixth (6th) P.M. , Weld County, Colorado, said center line being more fully described as follows: Beginning at a point on the south line of said SWZSE'4 of said Section 13, 660 feet, more or less, east of the southwest corner of said SW'4SE1 of said Section 13; thence North 7°58' West to a point on the north line of said SW'2SEZ of said Section 13, 465 feet, more or less, east of the northwest corner of said SEUE'ly of said Section 13. SIGNED AT GREELEY, COLORADO THIS Iq DAY OF SEPTEMBER, 1973 BY: frit/ . KOENIG,( EXECOTOR O HE ESTATE OF JESS KOENIG, DECEASED 44-04-1-iai igm677( ERNEST B. SCOTT, FOR SCOTT REALTY CO. Koenig r,state I wish to notify you that I am giving up your farm at the end of the 1973 crop year . A. new renter may enter to do fall work at that time . Sincerely , Alfred VonFeldt 'fitness : c/ /, F,A„,,-- y Gehl-i/s--y.--CX,;� LI.,- /' 2 r= ...-/ ',c.c. te - //% 74. 666 �. , O r i Recorded Reception No. Recorder ilitpto Artiste of Averment. Made and entered into by and between Jess Koenig LESSOR, and Alfred Von Feldt _ LESSEE. WITNtSSEFIIt That the lessor has this day leased to the lessee, the following described premises, in the County al Weld and State of Co loz.ai Q___... to-wa: 1 7 & 8 Sec, 13 T2R 67-56A 100 t/w over & across S '; SE ' -- 1, 34 A Sec. • 13 T 2 R 67 (Pt 1 7 WRiv Div 1 Sec. 18-2 -65-i7 A) Pt 1 5 Sec. 18-R66 41 A W of Riv Div. • together with all Improvements thereon (except as herein reserved) for the term of -1-......_ year commencing on the is t - day of ---.January.-___---- 1873.._., and ending on the 1st day January----------_-• 1s 74 .upon terms and conditions, as follows: The rent to be reserved by, paid and delivered to Lessor shall be as follows; .___..-_-._.._.....__-.-_ of the gross proceeds o1 sugar beets; — of potatoes; of wheal; _..._.-..._._.-_---._..._.-.._—_- of oats; --.___._ of barley; of beans; — of corn; _.-_-.._--.....-.._.,.__-.-.-..._ of hay, and of all other crops grown on said premises; all of which (exrept hav) shall be delivered to the nearest market, and the proceeds paid In joint check to Lessor and Lessee; the lessee shall famish all sacks for crops marketed In bags and lessor shall pay for his proportionate part in which his share of crops is marketed. The hay shall be stacked on the premises and divided by measurement before feeding is done therefrom, and if lessee's stock is fed therefrom, he shall be charged with one-third of a ton per month for each head of stock fed. All straw, beet tops and loll and winter pasturage, shall be divided __ _..____-.__._...._. to lessor, and .___._....-.__.._—__.. to lessee, but, if same is fed on the premises by lessee, all shall belong to the lessee. Rent of $2500.00 - $1250,00 paid March 1, 1973 -- Balance October 1 , 1973 of $1250,00. In rase LESSOR sells the described property prior to the 1st of January, 1974, this lease will remain effective to this date, unless LESSEE buys described property and other arrangements will be made at that time. The lessee covenants and agrees as follows: First: To plow, prepare seed bed, cultivate, harvest and farm all lands in a good, !armlike manner. Second: To use said premises as a farm and will not use or permit same to be used for any unlawful business or purpose. Third: Not to assign this lease or sub-let said premises or any pas thereof without written consent of lessor. Fourth: To guard and to keep in repair said property, buildings, gates, corrals, pumps, well, well-fittings, fences, vines, shrubbery and orchard from all damages,and will keep the same in as good repair as they are now: to do no act whereby any insurance on buildings may be Invalidated; to remove or damage no buildings, fences, trees, shrubbery or any improvement of any kind. Fifth: To haul out all monure, on acrid premises and spread same for fertilizer before planting crops. Sixth: To dean out and maintain the main lateral to the premises, and all sub-laterals on the premises, and to do the proportion- ate part of cleaning such laterals used jointly with others. Seventh: To well and seasonably put in, lend, and harvest all crone and to use only first class seed; to properly irrigate all crops as often as necessary to produce the best results and to the full extent of the water supplied; to harvest all potatoes before October 15th, and all beets before November 15th, in the year grown. Eighth: To cut all weeds along the public highways, private roadways, lateral ditches and fences and in fields before the seed thereof matures. Ninth: The lessor shall have the right of entry, at all times, to Inspect the buildings, premises and crops growing thereon. II lessee falls to properly lend, care for or harvest the crops grown on the promises, the lessor shall have the right of entry and to take over and perform the duties of the lessee in respect thereto, and to charge the expense thereof to the lessee and deduct same from lessee's share of the crop. Tenih:a.ltdtsor shall have lie n all goods, atte and waste Aide 4YY thi efeeril arm l .le ' Eleventh: At the expiration of this lease, or upon breach by tho Quid ',canoe of any of the covenants herein contained, lessee's right of occupancy will terminate and he shall quit and surrender the possession and occupancy of said premises to the lessor and shall be subject to eviction either with or without process of law. Twelfth: In the event the said premises herein are sold or rented to another tenant for ]9.__._.-.., said tenant or buyer shall have the right to go on said land, make repairs, fall plow or sow seed for crops in the fall of 19.._.._..... Thirteenth: In the event lessor sells the property described herein before the day of 19 be may declare this lease void and of no effect,by giving lessee notice o1 said sale before the ..... day of 19 , and paying I d.-_.._...___..-_.._._._ per acre for all fall plowing done on said land in the fall of 19_ Fourteenth:it Is further agreed that LESSEE will plant cross as he wishes - furnish all seed (including alfalfa, grain or beet) also will furnish all fertilizer, sprays, straw, weed killer - care for cesspools and plumbing of Mil . barn and house and corral, also, paint and fixtures in the barn and milking parlor. Keep ditches in repair. LESSOR pays taxes, water assessments and of REA annual assessment and irrigation up to $150,00 including i of annual assessment and any in excess of $150,00 the LESSEE pays , LESSOR reserves hunting rights east side of road. All corral fences remain on the farm, LESEE pays his share which is z of annual REA assessment payable March 1, 1973. No repairs without LESSOR'S consent. The milking equip- ment inside the_ barn, the corn and oat bins and the movable calf pens south of the barn belong to th 'G=r�, Three (3) stanchions in the barn belong to the LESSOR. IN WITNESS WHEREOF, The said parties have hereunto subscribed their names, and started a duplicate, this day of Janua>; ,J. / IN PRESENCE OF12. .. .-1....( r!, I>;Fnu,tIvd02 liti•it it _ _ i/. �.4 f.--f8rsir to p � if --, -.,„ OFFICE OF BOARD OF COUNTY COMMISSIONERS `. m ill I kPHONE(303) 353-2212 EXT. 221,222& 223 P.O. BOX ire GREELEY.COLORADO 80631 COLORADO October 30, 1973 Coloraldo Division of Water Resources 300 Columbine Building 1845 Sherman Street Denver, Colorado 80203 . a Gentlemen: Enclosed is an amendment of existing record on Permit Number 20137. This property was recently purchased by Weld County, Colorado. Enclosed is a check for $2.00 Please send Weld County a copy of the transaction. Thank you. Sincerely, The Board of County Commissioners Weld County, Colorado Deputy County Clerk • WELD COUNTY COMMISSIONE 4S HARRY S.ASHY GLENN K.BILLINGS ROY MOSER WRJ-2a-73 THIS FORM MUST„BE' SUBMITTEDR TO THE EXPIRATION OFTHE COLORADO DIVISION OF WATER RESOURCES PERMIT. TYPE OR 300 Columbine Bld PRINT IN BLACK INK. 9•, 1845 Sherman St. COPY OF ACCEPTED Denver, Colorado 80203 STATEMENT MAILED ON REQUEST. STATEMENT OF BENEFICIAL USE OF GROUND WATER FOR OFFICE USE ONLY X AMENDMENT OF EXISTING RECORD Div. Cty. PERMIT NUMBER 20137 STATE OF COLORADO COUNTY OF Weld SS' LOCATION OF WELL THE AFFIANT(S) County of Weld, State of Colorado County Weld whose mailing address is Weld County Court House SE y of SE i, s.a,;on _al_ _ .-.. City Greeley ColoKado 80631 Twit 2 M , Rn9, 67 W 6th p_M, ( 1 Wet NT oil SI EZ on W)' being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is located as described above, at distances of _ —0— feet from the South section line and 365 feet from the t eR ammo East section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 12 (WY OR W[ST) day of July , 19 54 ; the maximum sustained pumping rate of the well is 800 gallons per minute, the pumping rate claimed hereby is 800 gallons per minute; the total depth of the well is 27.5 feet; the average annual amount of water to be diverted is approx. 6a0r_h ef, for which claim is hereby made for irrigation purpose(s); the legal description of the land on which the water from this well is used is Well is located at a point 365 feet west and 60 feet north of the Southeast Corner of Section 13, Township 2 North, Range 67 West of the 6th P.M. which totals 59 acres and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; .h•(they)lime (have) read the statements made hereon; knpws,the content thereof; and that the same are true of -his (their) knowledge. The Board of County Commissioners Wefr�•.untya f "flit 8d�� C airman tie Subscribed and sworn FOR OFFICE USE ONLY to before me on this 15th day of October 19 73 :'l(•;\ 1 . 11 1 ,,, Court Case No. My Cor mission expires: M7 /m Commission expires Jam 26, 1976 j .19\\�,''' 'fI �tiJ � � Sec. �/. %. %, 1 /��// NOTARY .yatc Well Use_ ACCEP.TED'F',ORVF:KING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: Dist. Basin Man. Dis. Prior. Mo..___ Day_Yr. DATE STATE ENGINEER BY , . . ' Well drilled by Lic. No. Pump installed by Lic. No. Meter Serial No. ❑ Flow Meter ❑ Electric Meter ❑ Fuel Meter Owner of land on which water is being used THE COUNTY OF WELD. STATE OF COLORADO THE LOCATION OF THE WELL MUST BE SHOWN AND THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS-HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. I I I • I II -_ _ f I I I I I — + — + - + — + + — -f- — I I , NORTH SECTION LIME NORTH m - + + El- - ? + II m rn I I O � � _I I .� i— Z V W r N W„isvc I SOUTH SEC1ION LIN1E I - I I F I I- 1- �. "I',,, DU THE SCALE OF THE DIAGRAM IS TWO INCHES E ALS ONE-MIL E , -•...C — + — + — + — ± — + — t-J AN � �� .;� i �1 M i l e = Lf, t, :' WATER EQUIVALENTS TABLE (Rounded Figures) • �\ An acre-foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) . . . 449 gallons per minute (gpm). 1 acre-foot . . . 43,560 cubic feet . . . 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. h<_,(,C ... r/1 wRJ-33-70- STATE OF - _ Index No. DIVISION O tt Fitt ES tDwD OFFICE OFDSiq Ery�l R Completion c's9 f��-��rrr'�.•��QJ ii A C `� Yield MAP AND STAT faNnO13,4 41 W FILING Checked By rc\-, 0r4' ip PERMIT NUM Ovb. 'c STATE OF COLORADO ) SS c�`� ---- - WELL LOCATION CLAIMANT (s) JESS KOENIG _Wald County being duly sworn upon oath deposes and says that he (they) is (are) SE of SE '/., sec. 1 j the owner (s) of the well described hereon; the total number of acres T. 2 N R• 67 M • bth P.M. of land irrigated from this well is 59 INDICATE WELL LOCATION ON DIAGRAM work was commenced on this well by actual construction on the 12 day u of Jul y 19 NORTH /';',.',' ; the sustained cfs. i I I fc t yield from said well is t 7$ gpm, for which claim is hereby made l ff-' tl is r I .Y.' Y ir Li • ``'- .I for irrigation purpose (s); I - ----- for . I t i-x. r/-i-s '�''7 the average annual amount to be diverted is QJJ//,,�— �, c' , ` ,y' % w __ _ 1> r(�. _'I �__ y acre-feet; this map and statement is filed in c61>ipl lance with law; `" 3 l Y j/ c I -i m he (they) has (have) read the statements made hereon; knows the c I I I I.'`1," ' content thereof; and that the same are true of hi (their) own ,2(‘( ! r knowledge. _ I I I I r /�Lt I I LSignature (s) -� .„....1---,..)__. � I I I1 jl r,^f • � . �. . - - , , / /.'' �-- souTH A., ,,,•:, di,,,,, 7 , Address: ,f%'i/ ' � i i � ,'7 /'.L� WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, Subscribed and sworn to before me on this 'T/ — day OR SECTION LINES BY DISTANCE AND BEARING. of . ._e / -, ?._;? j tg 7/ n ft. from Smrth section line. -� (North or South) My Commission expires: . (Seal) C 7 365 ft. from East section line. ,• 4L IU'., -€1" t �i'..�+1- (East or West) Notary Public Ground Water Basin WELL DATA Water Management District Date Completed/� � '- / �7, �7,_,-'r-f Domestic wells may be located by the following: , / Static Water Level --� / LOT , BLOCK Total Depth of Well 27.5 SUBDIVISION FILING p ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF COL ON TYIIS -•! DAY OF �iLtz/j , 19 7/ . C,cw'Q%. STATE EN IN :R. - _ _ it(-/ c/1: ;I- ,_ / -z FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be filed with the State Engineer within 30 days after the well is completed or within 7 days after expiration date of the permit, whichever is sooner; PINK COPY is for the Owner and YELLOW COPY is for the Driller. WELL L WELL DATA . From To Type & Color of Material Water _ ' Loc. Type Drilling HOLE DIAMETER: `in, from ft. to P-17 :« ft. in. from ft. to ft. in. from ft. to ft. CASING RECORD Plain Casing Size1L, kind from ft. to !� 7 ft. Size_, kind from ft. to .ft. Size—, kind from ft. to ft. Perforated Casing Size_ kind from ft. to ft. Size—, kind from ft. to ft. Size—, kind from ft. to ft. GROUTING RECORD Material Intervals Placement Method • GRAVEL PACK RECORD Size Interval TEST DATA Date Tested Type of Pump ,'/ Y "' >.!. �irr;1,',/2;4, Length of Test Sustained Yield yetered Drawdown WELL DRILLERS STATEMENT The undersigned, being duly sworn, deposes and says: he is the driller of the well hereon described; he has read the statement made hereon; knows the content thereof, and the same is true of his own knowledge. Use additional paper if necessary to complete log. X State of Colorado, County of ) ss License No. Subscribed and sworn to before me this day of , 19 My Commission expires , 19—• Notary Public No. 3705 STATE ENGINEER'S OFFICE Denver, Cola., 4-- 27-- 5r RECEIVED OF J e ss k o e_kol_�j Ten a,t1 '-14Aaa Cs i a• ao1 Dollars fee in payment for filing claim to water right of the fi /i'n 7 Pc e- 'r La/ 3 7 /64a di SP By STATE ENGINEER IDIVISION OF WATER RESOURCES lic STATE ENGINEER'S OFFICE Date? 5 �' 19 7/ No. G `� 09'719 • DENVER, COLCUR�,70 Received of 4,63 //��°( ' / fit ( �,p (tea eo , Jf d — Address // 3 Zrx� 11 / (/ / Dollars $— CO -- Amount Received_ -� SI 0P FEE TO BE APPLIED WHEN APPROVED Concerning Well Permits Concerning Miscellaneous Items Inc. Yield I Sale of Books Cert. of Doc. Replacement License _I Conshuction I I Final // Copy of Record Chg. of Record Other Late Registration STATE ENG7 ��c�Ai` (PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY( By (//7-/1 Approved Check No. M. O Cash Permit No. RECEIPT COPY W RA-60-fi> l a. IO4YiL—!OS OP SALE The Schell Studios,`C3lmin, Colo. Immo All Mitlt hp these i[tstras, That - JOSEPH F. _KOENIG,_EXECUTOR FOR THE ESTATE OF JESS KOENIG, DECEASED of County of We and State of Colorado, part Y of the first part, for and in consideration of OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND NO/100 Dollars, to himself _- - in hand paid, at or before the ensealing and delivery of these presents by THE COUNTY OF WELD part Y of the second part, the receipt whereof is hereby acknowledged, has -__ _ bargained and sold, and by these presents do es __ grant and convey unto the said part Y- __._ _.____ of the second part,_ ___its executors, administrators and assigns All non-realty items presently located on property described below which is presently owned by Seller (This Bill of Sale specifically excludes the milking equipment inside the barn, the corn and oat bins, and the movable calf pens south of the barn, all of which are the property of present lessee, Mr. Alfred VonFeldt) Farm", belonging to him and now in - his possession, at The "Jess Koenig 335 miles north and 1 mile west of Ft. Lupton, Colorado TO HAVE AND TO HOLD the same unto the said part Y_ of the second part, __its executors, administrators and assigns forever. And the said part _Y __ ____ of the first part do _?@___, for him self his heirs, executors and administrators, covenant___ and agree to and with the said Y__ 1�---- of the second part, __ ___its executors, administrators and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made unto the said part Y. of the second part, _ its executors, administrators and assigns, against all and every person or persons whomsoever. IN WITNESS WHEREOF, The said part Y of the first part ha_s hereunto set his hand and seal_ ____ this 19th September 73 - - day' of -- - --— - - , A. D. 19 Signed, Sealed and Delivered in Presence of - LE J EPH KO G EC Kai , XECUTOR 0 (SEAL F. - - _ � � (SEAL) E SS RO , ECEASED It= REALTY CO. COLORADO, WYOMING, MONTANA, NEBRASKA, and TEXAS REIWRS TELEPHONE (303) 352-1212_ 1212 8th AVENUE GREELEY, COLORADO 80631 November 6, 1973 Mr. Sam Telep Attorney for Weld County The First National Bank Building, Greeley, CO 80631 Re: Weld County/Koenig closing statement Dear Sir: Concerning our phone conversation of this morning, I enclose a copy of the closing statement and have indicated thereon where I made an error resulting in a $50 undercharge to the county. If there is a way that you can help me get a $50 remittance from the county to remedy this mistake, please try. On the other hand, if the process of getting the $50 is incredibly complicated, I suppose I could absorb the loss, but my ego would suffer. Thanks for any help you can give. Sincerely, SCOTT REALTY CO. 8�� Walt Frederick Closings Department lm Enclosure FARMS-RANCHES, BUSINESSES, HOMES, APPRAISALS V� REALTY CO. COLORADO, WYOMING, MONTANA, NEBRASKA, and TEXAS qty„ TELEPHONE (303) 352-1212 1212 8th AVENUE GREELEY,COLORADO 80631 J CLOSING STATEMENT October 3, 1973 PURCHASER: County of Weld, State of Colorado SELLER: Joseph F. Koenig, Executor of the Estate of Jess Koenig, Deceased PROPERTY: Parts of Section 18, Twp. 2N, R66W; and of Section 13, Twp. 2N, R67W, in Weld County, Colorado DEBIT CREDIT Purchase/Sales Price, as adjusted $ 72,882.50 Less earnest money deposit previously paid $ 500.00 Amount due herewith 72,332.50 E� ge 00 $ 2.341.4241P $72 8, 82.50 56 emir( APPROVED: RECEIVED: COUNT FWD, STATE OF'COLORADO SCOTT REALTY CO. 74WV/tieet--,€444--' (/ / •Tat' I ' aV I�t/e Ds"Al 12 3 g 2 . �o FARMS-RANCHES, BUSINESSES, HOMES, APPRAISALS Hello