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Home My WebLink About790886.tiff 9Q3 o'er H FE._ g 1975 Recorded at ._ �. • 85a 1780495 `JW'„ a� I 4) RESOLUTION State of Colorado, Weld County Clerk Cr Recorder RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 76 - MARVIN AND MILDRED BAY. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado has reviewed the request of Marvin and Mildred Bay for an exemption form the definition of "subdivision" and "sub-divided land" in Section 30-29-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations , and WHEREAS, the Board of County Commissioners finds that Marvin and Mildred Bay are the owners of a parcel of land in Part of the SEa of Section 1, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : A tract of land being a part of Lot "B" of Recorded ExeTiption No. 0803-1-4-RE138 located in the South- east Quarter (SEa) of Section One (1) , Township Six North (6N) , Range Sixty-five West (65W) of the 6th P.M. , Weld County, Colorado, and being more particu- larly described as follows: Conmencing at the South Quarter Corner of said Section 1, thence South 88°50'46" East along the South line of said Section 1, 1262.91 feet, fran which point the South- east Corner of said Section 1 bears South 88°50'46" East, 1388.07 feet; thence along the outer boundary of said Tot "B" by the following three courses: North 30°19'54" West, 509.92 feet; North 17°02'16" West, 445.13 feet; North 02°10'53" East, 765.31 feet to the True Point of Beginning; Thence North 55°19'43" West, 408.06 feet; Thence North 21°52'57" West, 888.78 feet to the North line of the Southeast Quarter of said Section 1; Thence along said North line, South 88°10'24" Fast, 161.04 feet; Thence along the outer boundary of said Int "B" by the following two courses: South 37°12'25" Fast, 859.73 feet; South 02°10'53" West, 367.27 feet to the True Point of Beginning. Said tract of land contains 6.508 acres. Mr. and Mrs. Bay have contracted to purchase this property from Mr. and Mrs. Conaway as the Bays plan to install a pivot sprinkler i 790886 e 858 '780495 on their property which adjoins the Conaway property. Due to the nature of the sprinkler system, it is necessary that the Bays either purchase or lease that particular parcel from the Conaways. The request simply changes the property lines by the addition of the 6. 5 acres to the Bay' s property. Said request for a subdivision exemption does not create any new parcels. WHEREAS, the Board of County Commissioners has considered the recommendations of the Department of Planning Services on this matter and has reviewed information submitted by the applicants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the aforementioned tract of land owned by the applicants be, and hereby is , declared to be exempt from the definition of "subdivision" and "sub-divided land" as set forth in Section 30-29-101 (10) , CRS 1973 , as amended, and in Section 2-1 of the Weld County Subdivision Regulations, and further finds that said tract shall be considered a single lot. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of January, A.D. , 1979. • BOARD OF COUNTY COMMISSIONERS �y� /� LD COUNTY, COLORADO A*tST: .iQ.ticf L3�w,n ��U^� t1yz/ _ /f A ' ' a - Lia.Ko1 Weld County. Clerk and Recorder and Clerk £o the Bold by: Chi r=11/L1 -Heeputy County erk ,✓1 //�i] /�>Z-721�� PFD AS TO FORM: i G 1 r County Attorney DATE PRESENTED: JANUARY 31, 1979 QUBDIVISION EXEMPTION Q FLOW SHEET County Commissioners Meeting Date: Y,At "3q , \ c1Q1 Applicant : O'\arUIn AAA Mi .laros� youI Case #: 5 1 Legal Description: P4• gam% fps ,,, 1 , 'cbt 1 S'vJ Location : ' .CJs v,a2.. A r, G 4, , S n& 9,0,2A- r4 a\-can iDatal P'y -• Application Received k- Application Complete I - 16--1q V T Letter to Applicant Drafted ( - “o - MR \-C SE# Assigned I- IS ' -1R UT- Air Photo Map Prepared 1 Chaindexed • �� Applicant Notified — - �% /7 • Legal Approved by County Attorney. 1- , Tl� p C- Field Check by D.P.S . Staff N/A R2 :ST1 - 12-19 D.P.S. Recommendation Drafted 1 - 2 ( ' l9 UT • D.P.S . Recommendation Typed Packets Xeroxed History Card - CoMpleted '!6) TO: Board of County Commissioners Date January 29, 1979 Subdivision Exemption # 76 Applicant: Marvin, and Mildred Bay The owners of the following described property have requested an exemption from Section 2-1 of the Weld County Subdivision Regu- lations adopted August 30, 1972 , which defines the term subdivi- sion: Pt . SE& Section 1 , T6N, R65W The Planning Department has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT X Require water % Require sewer Create traffic problems X Y Fall in flood plain lr Agree with Planning Commission policy ?, Create housing Y Agree with surrounding land use lr Meet all known requirements COMMENTS : Mr . and Mrs. Bay have contracted to purchase this property from Mr . and Mrs . Conaway as the Bays plan to install a pivot sprinkler on their property which adjoins the Conaway property. Due to the nature of the sprinkler system, it is necessary that the Bays either purchase or lease that particular parcel from the Conaways. By allowing the sub- division exemption on this parcel , the sprinkler system will be more efficient and economical to operate. The request simply changes the property lines by the addition of the 6. 5 acres to the Bav' s property. No new parcels are being created. oning Administrator DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 9-1.\ "%Et- COLORADO January 16, 1979 Mr. and Mrs. Marvin Bay Rt . 1, Box 42 Eaton, CO 80615 RE: Request for a subdivision exemption on a parcel of land described as Pt .• EZ Section 1, T6N, R65W of the 6th P. M. , Weld County, Colorado Dear. Mr. and Mrs. Bay: Your application and related materials for the request described above are complete and in order at the present time. I, have scheduled a meet- ing with the Board of County Commissioners for Monday, January 29, 1979, at approximately 9: 30 .a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any- questions the Board might have with respect to your application. If you have any questions concerning this matter, please feel free to contact our office. J _ Respectfully, Vickie Traxler. Assistant Zoning Administrator VT/csd Q O �' • SENDER:Complete items 1,2,and 3. Add your address in the "RETURN TO" space on 3 reverse. I = 1. The following service is requested(check one)- ; o ❑ Show to whom and date delivered —¢ • 0 Show to whom,date,and address of delivery..—¢ 0 RESTRICTED DELIVERY _¢ Show to whom and date delivered 0 RESTRICTED DELIVERY Do Show to whom,date,and address of delivery.$— • (CONSULT POSTMASTER FOR FEES) z 2. ARTICLF�.P.DDR SSED TO: .. miv 11.-44.2.4.....,11.-44.2.4....., ' - 3.ARTICLE DESCRIPTION: D REGISTERED NO. C€ FI D NO. INSURED NO. fg0g20 - V -4 fi m (Always obtain signature of addressee or agent) m m• I have received the article-described above. )` ty • SIGNATURE ❑ Addressee ❑ Authorized agent CD v. a ,T, 4. R DATE OF DELIVERY. POS A O 5. ADDRES$(Complete only if requested) o. -8 3 0 8 7'0• m +\ �, J�9� RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED - p 6. UNABLE TO DELIVER BECAUSE 'CL K S NOT FOR INTERNATIONAL MAIL N IALS (See Reve ) 3 �6 o Li D 0-- *GPO:lsn-0-249-595 I 4• �/,/ /o TO _ - _ - - TE AND ZIP (V6(.- POSTAGE / $ CERTIFIED FEE ✓ ` ¢ u. SPECIAL DELIVERY• it cc 0 RESTRICTED DELIVERY $ LL Cr . U SADWTO D i- > Q GATE DELIVERED a E J 2 SAW TO WHOM,DATE, G a I SViD DDELIVERY 'FC - ui SHOW TO WHOM AHD DATE -i S 6 DELIVERED WITH RESTRICTED a 0Z cELIVERY Z = SNOWTOWHDM.DATE AND V CADDRESS OF DELIVFAY WIIN a RESTRICTED DHJVERY CD TOTAL POSTAGE AND FEES $ t- .Ii POSTMARK OR DATE a //‘/>� w m a 4 �rj, - Y ' • 9 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 (; i Ts • CASE NUMBER SE-76 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Marvin and Mildred Bay for a subdivision exemption The parcel of land is described as Pt . SE* Section 1, T6N, R65W The location of the parcel of land for which this application has been submitted is 1 mile west of Galeton, 5 miles east of Eaton This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreicate a written reply to include in our files, or check the box at the bottom of this page and return it to us. We would like to receive your comments by January 23, 1979 so that we can complete our review before the scheduled Board of County Commissioners meeting. Thank you very much for your help and cooperation in this matter. (:\,c.A -A- lb{ Assistant Zoningdministrator Fl We have reviewed the request and find no conflict with our interests. Signed Date Agency i (4IQ • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET 7GREELEY,COLORADO 80631 CASE NUMBER SE-76 • COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Marvin and Mildred Bay for a subdivision exemption . The parcel of land is described as pt. SEq Section 1, TON, R65W The location of the parcel of land for which this application has been submitted is 1 mile west of Galeton, 5 miles east of Eaton This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreicate a written reply to include in our files, or check the box at the bottom of this page and return it to us. We would like to receive your comments by January 23, 1979 so that we can complete our review before the scheduled Board of County Commissioners meeting. Thank you very much for your help cooperation in this matter. �,�Z0•21??��'�i �h� N 1 �1� `` ' JAN 1y79 JAN 7979 ^ RECEIVED rn • °C 1 \ !�Ye-IL RECEIVEp CO WeIE County Assistant Zoning Administrator N Nanp�eiaCaunty o 6 WanningCo®missfea �� 4 Cammissm0 ` 8 c,9StifiZ‘ n We have reviewed the request an 49d conflict with our interests. ' Signed Date Agency KENNETH F. LIND ATTORNEY AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY, COLORADO 80631 TELEPHONE(303)353-2323 January 15 , 1979 Department of Planning Services 915 10 Street Greeley, Colorado 80631 Attn : Tom Honn Re : Subdivision Exemption Harold and Donna Conaway - Bay Dear Tom : Pursuant to your request of January 15 , 1979 , this letter is an explanation of the subdivision exemption request and reasons for the request therefor. The request for the subdivision exemption is basically made for purposes of convenience . Mr . and Mrs . Marvin Bay have contracted with Mr. and Mrs . Conaway to purchase a small parcel of property which is the parcel the subject of the subdivision exemption . Mr. and Mrs . Bay have contracted to purchase this property from Mr . and Mrs . Conaway as they plan to install a pivot sprinkler on property which they own which adjoins the Conaway property . Due to the nature of the pivot sprinkler and water source , it is necessary that Mr. and Mrs . Bay either own or lease the parcel of property , the subject of the subdivision exemption , from Mr. and Mrs . Conaway . The reason for this is that a small stream , in which Mr . and Mrs . Bay have water rights , passes through the subdivision exemption parcel and Mr . and Mrs . Bay plan to install a pit and well system at that location . Additionally , the center of the pivot system will be installed near the property the subject of the subdivision exemption and the pivot sprinkler will traverse the exempted property. By allowing Mr. and Mrs . Bay to purchase the subdivision exemption property from Mr . and Mrs . Conaway , the pivot sprinkler system will be much more efficient and economical to operate . It is understood by all parties that the Bays are not receiving a separate parcel of land , but are rather merely expanding their own farm . The Bays understand that the subdivision exemption property is not eligible for a separate building permit , and the Department of Planning Services January 15 , 1979 Page 2 Conaways understand that by conveying the property , the size of their property is reduced . For your convenience , all parties to this transaction have joined in signing this letter , thereby indicating their approval . If additional information is required concerning this application , please contact this office at your earliest convenience . Very trul yours e neth F . Lind KFL : sb 1 C (1.` ril Harold r Conaway Marvin L . Bay (y Donna L . Conaway / Mildred R. Bay APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 404 Department of Planning Services, 915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. S`L l G, APPL. FEE 015 Co ZONING DISTRICT P Y c c \41- lr-ti4 RECEIPT NO. 1(11:1 ,S" DATE I -' 5 --- N APPL. CHECKED BY r A. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described pro- perty be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations.by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: PART SE 1/4 Section 1 T 6 N, R 65 W SEE ATTACHED Has this property been divided from or had divided from it any other property since August 30, 1972? /Yes XX No FEE OWNERS OF PROPERTY: (RECORDED EXEMPTION 0803 -1-4-RE138 Name: MARVIN L. BAY and MILDRED N. BAY Address: RT. 1. BOX 42; IEATON:, CO. 80615 Phone 454-2029 Name : Address: Phone Name: Address : Phone I hereby depose and state under the penalties of perjury that all state- ments, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO) �] 0,7-.)-(:- 1 ercor Si nature: Owner or Authorized Agent Subscribed and sworn to before me this /2.--/1day of Gfu 19; . SEAL 9iera-4,--2 Notary Public 4 /98Z y C ission expires : jj / aasa9 waia va 12- `L'a4on • 1 ' McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development LEGAL DESCRIPTION A TRACT OF LAND BEING A PART OF LOT "B" OF RECORDED EXEMPTION NO. 0803-1-4-RE138 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, THENCE SOUTH 88° 50' 46" EAST ALONG THE SOUTH LINE OF SAID SECTION 1, 1262.91 FEET, FROM WHICH POINT THE SOUTHEAST CORNER OF SAID SECTION 1 BEARS SOUTH 88° 50' 46" EAST, 1388.07 FEET; THENCE ALONG THE OUTER BOUNDARY OF SAID LOT "B" BY THE FOLLOWING THREE COURSES; NORTH 30° 19' 54" WEST, 509.92 FEET; NORTH 17° 02' 16" WEST, 445.13 FEET NORTH 02° 10' 53" EAST, 765.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 55° 19' 43" WEST, 408.06 FEET; THENCE NORTH 21° 52' 57" WEST, 888.78 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG SAID NORTH LINE, SOUTH 88° 10' 24" EAST, 161.04 FEET; THENCE ALONG THE OUTER BOUNDARY OF SAID LOT "B" BY THE FOLLOWING TWO COURSES: SOUTH 37° 12' 25" EAST, 859.73 FEET; SOUTH 02° 10' 53" WEST, 367.27 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 6.508 ACRES. SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED ON JANUARY 12, 1979. uumui PR darl? •9F6 GERALD B. McRAE, PROFESSIONAL ENGINEER AND = : REGISTERED LAND SURVEYOR, COLORADO REG. NO. 6616 a*; 6616 ?*_ %9T „& S:PQ `moo X a • I:. S."* N�_ rr r • is PI; J HOOK J 794 Recorded at j�E o'clock__FN., AUG 91976 A N .e MARY ANN FEVERSTEIM In _,# Reception No.......1�,y.9►. �rZr.... , • 1. t -Ft- ■EC'ORDS'S STAMP rp THIS DIED, Mde this Fifth day of August - „ 1976 ,between Jack J. Jewett, husband, and Glenda F. Jewett, wife cr. State Documentary Fee • I I Dale. ff._1.I..9._197ii_. C•2 of the coney of Weld and State of s..__ ay1f,� _ • Colorado,of the tint part,and ,.. rn HAROLD F. CONAWAY, husband, and DONNA L. CONAWAY,wife .O • ti of the Comity of Weld and State of Colorado,of the mined pert: 0 WITNESSETH,that the said parties of the first part,for and in consideration of the o of Ot her • Good and valuable consideration and Ten and no/100--------_—_--."—_—�DO SS S iA co co ,y to the said part ies of the first part in had paid by the said parties of the second part,the receipt whereof is .e hereby ecefeseed end edmowledged,ha ye granted,bargained,sold and co vend,and by than presents do 0 grant,bargain,sell,convoy and confirm unto the maid parties of the mend part,their heirs and a in tenancy in common bat in joint tenancy,all the followingssdiaa forever,not described lot or penal of lend,situate,lying and , 'I Whigts the County of Weld and State of Colorado,to wit: I .o . r LI Lot "Be of Recorded Exemption No. 0803-1-4—RE 138, recorded g !-cs , May 21, 1976 in book 767 as Reception No. 1689160, Weld County o Records, being a portion of the Southeast Quarter of Section 1, a Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado I • TOGETHER with all and singular the hereditament' and appurtenances thereinto belonging, or in anywise appertaining,the reversion and reversions, remainder and reminders,rah,laces and profits thereof;and all the estate, right, title, interest, dela and demand whehoner of the said parties of the first pert,either I.law or salty,of,in and to the above bergeined praises,with the heredlhmenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,ante the said ! pardon of the mend part,their heirs and assigns forever.And the aid part ies of the first part,for them eel yes,theihdee,eaaton,and administrators do covenant,grant,bargain and agree to and with the said parties of the mend part,their heirs and aselga,that at the time.1 the'needing and delivery of than yeses- I ate ere well mixed of the prmeieen above conveyed, as of good, are, perfect, ahsohte end indefeasible iF estate of inheritance,in law,in fee simple,and ha Ye good right,full power and lawful authority to grant, ban i gain,sell end convoy the same in manner and form afor sold,and that the same en free and clear from all former i end other grants,bargains,sales,liens,tans,assaaeuta and encumbrances of whatever kind or nature saver; except General Property Taxes for 1976, due and payable January 1, 1977, and subject to reservations, restrictions and easements of record and the shove bargained praises In the mint and peaceable pommel=of the said parties of the second part, their heirs and wedges,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said panties of the first part shall and will WARRANT AND FOREVER DEFEND. I S IN WITNESS WHEREOF the aid part ies of the first part he Ye hereunto so se t theind 5 and cs seals the day and year first above written. ,: • "l,`" Slued,Sneed and Delivered in the Presence of '- c'k_Cl - r..:..:C.1 ' - c--.. SEAL] I ' I t , Y ..(I- 9.47.4.4.2eit -MEAL] I • [REAL] STATE OF COLORADO, I I Cams: Weld a The foregoing instrument was acknowledged before me this fifth day of August 1976 , YY 0 Jack J. Jewett, husband, and Glenda F. Jewett, wife. 1 ocs•"(thleye plra May 27 ,iv80 .With..,my hand and official seal t : to r �i w : t,1 �l X71 0- ',-.271.4,_ //r 61 1'h. printed portions or thin form opproved by the Colorado Real Estate Commbsion (SC 35-10-75) SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH) Greeley January 15 1979 RECEIVED FROM Marvin L. Bay and Mildred M. Bay Purchaser (as joint tenants), the sum of $ 260.00 Kenneth F. Lind, attorney at law in the form of note to be held by , ee?t, 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: See "Exhibit A" attached hereto and made a part hereof with all easements and rights of way appurtenant thereto, all improvements therein and all fixtures of a permanent nature currently on %he premises, exec t as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as the Conaway Farm which property purchaser agrees to buy upon the following-teems and conditions, for the purchase price of 2,600.00 $ 260.00 payable as follows: t hereby receipted for, $ 2,340.00 to be paid by Purchaser to Seller at the time oT closing. • 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer See not to exceed $ N/A and it is a condition of this contract that the purchaser may assume such encumbrance without change in its terms or conditions except N/A a 2. Price to include the following personal property: None • to be conveyed by bill-of sale at time of closingin their present condition,free and clear'of all personal property taxes, liens and encumbrances,except: None: and except any personal property liens in any encumbrance specified in paragraph 5. • The following fixtures of a permanent nature are excluded from this sale: None 3. Price to include the following water rights: None • • • 4. 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 Purchaser's expense, shall be furnished the purchaser on or before • January 19 , 19 79 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; - 5. 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 hall a ecute-•and ,eelix£r a good and sufficient general warranty deed to said purchaser on or before Freb. /11 ment,at an earlier date,conveying said property free and clear.of all taxes, excc t the � or, by mutual agree- payable January 1, 79_$0 and except none pt general taxes for 19 79 , free and clear of all liens and encumbrances except: None • No.SC 25-10-75.Specific Performance Con (Farm and nanrh)—Lr.dford Publishing Co.,tile.ee Stout Street-Denver. Colorado-10.1L t and except the following easements: Those of record; and subject to building and zoning regulations and the following restrictive covenants: Those of record; Any encumbrance required to be paid may be paid from the proceeds of this transaction. 6. General taxes for 1978 shall be apportioned to date of delivery of deed based on the most$rcycent levy and q the if any, and sia eppaic bnya�eiia ahpdrepa� riBi9" axes ahsa"d1l sUbasequent`taxes encumbrances, s' be paid by Purchaser. . . . • shall be apportioned to date of deli%uy of decd em pt that.• '1. With respect to the growing crops the seller and purchaser agree as follows: N/A • 8. The hour and place of closing shall be designated by Purchaser 9. Possession of premises shall be delivered to purchaser on date of closing subject to the following leases or tenancies: None 10. The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall be on the seller, provided however that if the seller shall maintain insurance on said improvements which will com- pensate for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in paragraph 7 and such party shall be entitled to the insurance proceeds. 11. Time is of the essence hereof,and if any payment or any other condition hereof is not made, tendered or per- • formed 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 ef- ' fect, the non-defaulting party shall have the right to an action for specific performance and damages- Ly9In the event the seller fails to approve this instrument in writing on or before January 20 19 , 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 180 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 released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon i return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within r said 180 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. 18. Additional Provisions: Purchaser understands that the subject property is part of a 'recorded exemption of record in Weld County, Colorado, and Seller and Purchaser must acquire a subdivisionlexemption for said property which gives no right to Purchaser for a building permit on the property. Purchaser understands that the property the subject of . this contract is merely "added" to his existing property. All expenses for the survey, title and subdivision exemption fees, if any, shall be paid by Purchaser. 14. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs,successors and assigns of said parties. `77 C.V W4v f- 4,9. Agent Pashas Marvin L. Ba✓� Date If eka )3 1'x 7? By: Purchaser N Bar oy - Dare Seller approves the above contract this /3 day of January , 19 79 nDd ag,.ce Donna L. LonaWay srner _. F[arol way sea • Purchaser's Address '12-3 C. 75 li e " ." 2- 4 to Co lb Seller's Address L 40 ��YC -7 'c-Q- „ co, __.__ A Tract of land being a part of Lot "B" of Recorded Exemption No . 0803-1 -4-RE138 located in the Southeast Quarter ( SEa) of Section One ( 1 ) , Township Six North ( 6N ) , Range Sixty-five West ( 65W) of the 6th P . M . , Weld County , Colorado , and being more particularly described as follows : Commencing at the South Quarter Corner of said Section 1 , thence South 88°50 ' 46" East along the South line of said Section 1 , 1262 . 91 feet , from which point the Southeast Corner of said Section 1 bears South 88°50 ' 46" East , 1388. 07 feet ; thence along the outer boundary of said Lot "B" by the following three courses : North 30°19 ' 54" West , 509 . 92 feet ; North 17°02 ' 16" West , 445 . 13 feet; North 02°10 ' 53" East , 765 . 31 feet to the True Point of Beginning ; Thence North 55°19 ' 43" West, 408 . 06 feet ; Thence North 21 °52 ' 57" West , 888 .78 feet to the North line of the Southeast Quarter of said Section 1 ; Thence along said North line , South 88°10 ' 24" East , 161 . 04 feet ; Thence along the outer boundary of said Lot "B" by the following two courses : South 37°12 ' 25" East , 859 . 73 feet; South 02°10 ' 53" West , 367 . 27 feet to the True Point of Beginning . Said tract of land contains 6 , 508 acres . "Exhibit A" .^� •+ .r,. ,. ..1,. ' QECOQDED EXEMPTIOLJ LIO: ,, ''= _- - 0803-1-4—RE138 Jir Yr...i.r�ehl/+Ia+,r«s.�+.e�f-.da-....,.....•„7r ,..,s-�._ --wvs a..K.z:.:: — *t.. ,_ ,,,,,-,,.,2,r 'i, . r .,,- �1 .I ,s•4„.i.; R:f ;, +,w e s,y \t 44' �\! *"h n,.f ��v ,{ y^ 4 h ,.G 17j'Seo 2. .P.'. . .`4x . r.▪ t• ' 4'i A4Y: `►e 11.44 324.., - T S$�3°1024"6 ,Lkrth/ire, SE/At Sete. i-' 3%8.%5' 4 . 0 226Z0(o' • Q� _ _� \\ _ re �c . .. � -41;,..4 - • :!':..1/4.1 • y a. C w 1 a l.... kp„' ..v �.• .: w.. 0,};,-!•.,],'N.,,,,.1-t.:;:-."4-1 :::%:;"14f ,, i6•., .,,.,,�q / \A 'pi;; •�"�as."` i X10.♦.„lei:: I :` N �' v. '' It.�� tr.' 1 .. r t r 7C, '� l° ..f� t ; is O1 L Y. X �a S a . f (1 \ ' f a11 r . F 'ft.:,e ! .O aT,yyt4\..""\ „+'�'`:7' si,, .(. '`r' / X - male: /"_ a. ,� . `i s ■.. .pin fbu/xl rst. ,]() 3g iY IW5.1ectit `.' k Saba "P ':.r. . ..,1 h.o j�J :1aiM. ^1rcrate 14e.Y►i . :.�...-w...„.,y_.�Y�f+Y..w . , .3 ii'.-. rtI�''+.o•�t , . ,_ - •,., w ,▪ . w�t.- - f' 0� �LEIr. T n-7..-7 n d . . t:,- ion ,:Q q reki .+� , 9 COuurV eodD 74 ... .a., ; �¢Q 3:d iwi' - 4V475± AC LL�../' K O- ,,,..4'J7YA'w A.'s', a mai, ki. ♦wx ..f I Q ••• - —CO 0 0 N SEC. I Co-Co5 • r.' : .- �rv. y • y.��.}�` .✓ 'i i f 4 r . ...4 r„ \r7, }t ire.1- s ;:: Fr ' 4r41'14. imp?. r L/84135'25 0V . ;., caltl i►. x : • ^r,0p i d Y� c.W ro...:. - 4. . 4, 1 25/3.32' K l'.4.4111;.. v. w••. el,., s .... ,r-tsrr+.ru - .� o r .',1..'. e4 a s. ` r� ..'t '.. ., Y. ,R{....r. 4•44.0...,-,4 -, A.- tot,- f ` 3+ , rta•« U� .- t . ^., '^r'i' �t •c 4-5Q7± b� t ACQES East/2711k / }i -k N 1 f-•' .. (\ '•/ 255.o,. faun* Road P-0 W line m �e 1sEca [x.07 --— .. c COULITy QOAD 72 3.c &� South Lei- ., S 't"./, 7:6,1.1., 2C,5W. , , L:ij( F % v owU625: . COE J. JEIVETTW - _, ' �� %M OE F. JEtVE / / LTE. ! Box /33A . EA-Tau) COLD.)15°615 . .. .... .. . -,JO6 LP:- -/4/• -. . SUEE7?/f2y P t1. -° Y -� QECOQDED EXEMPTIat1 ,U0: ' LEGAL DESCRIPTION 0803- I -4- RE I38 A tract of land located in the Southeast Quarter (S$) of Section 1, Township 6 ortR_,,, slang. 65 West of the Sixth PrincipnrMerid4an,"Weld Poutlty,' Coloka4bt�biing ao 'r ` " ticularly described as follows; .„. ,.", 3 , , a "'r'- w`v,.-, Beginningat the South Quarter Corner"(84 Cor) of said Section'l aild ooasi. Pi;.? est.,line..af::.tba-Southeaat Quartes .($ID�}wtwasa-8eoti...-Irta 1 West, with all bearings contained herein being relative thereto; a + Thence North 00°01'02" West, along the West Line of the Southeast Quarter (s$},) of , said Section 1, a distance of 2669.49 feet to the Center of said Section 1; ;'t1., Thence South 88°10'24" East, along the North Line of the Southeast Quarter (SB}) of : .? t' . said Section l,a distance of 398.95 feet; it South 37°12'25" East, 859.73 feet; - ----- ------- --- 4 . r-Thenoe,South 02'10'53" West,1132.58_feet;;; `,-...,�rc . " %- ,"r"1'5t•''r 'Thence along the East Bank of No, 2`Cana my :the •f�piiowina twos(2) s South-17'02'l6" East. 445.13 feet; ----- ---.-- NwucL •ri South 30°19'54" East, 509.92 feet to a point on the South Line of said Section 1; '. - yes � ,.,. ' Thence North 88°50'46" West, 1262.91 feet to the Point of Beginning, }- ,,: . '- • Said tract of land contains 53.982 Acres, more or less including a strip of ground '30 feet in width along the South Line of said Section 1, reserved for County Roady , v. Right-of-Way purposes and is subject to any rights-of-way or other easements V r,", .,; ' •� • recorded by instruments of record or as now existing on said parcel of land• 1. ;, 4 :tl.t 5�7 ♦ v� 5 . a". ,.i.. r .� z� $'.- '! . rt w3 a ' ..l'. f y�'.c>. a .fl . ': r\ .✓.r�,`.4 S--. i '.'C i a 7. - -,c,. R,;r`. ti..a ,k,—.. t . ti.'syri'�y�: at;a .0ww...vM-..++. ....�. :•R.. "•"i.�.e•-•Pa•..'.'',. µt.L 4',-..d} ,.'k 4A6 ,C 1i�5..r , IYhereby certify that this plat was prepared under ay supervision; xft •• • . • ;'and the same is correct to a best of my knowledge and belief. 439�? :y,f tat o Q. •JASPER FREESE, to ado P.S. h L.S. No. 4392 {�k� ��'••O • , r,�eE a et tea!, . ' ^K � t'.. E-Vf'-S T.Na`.e+..Ya�—tip. C w.ei....�.. .LLL.I�. .r..•.¢!♦tiy,—+++�+ - 'F 9A • FLWej Jack 4• Jewett and Glenda F. Jewett, being the'sole owners in Yet-ofr h. ar '"described property do hereb subdivide the same as shown on the attached ' g.•- xy aok +it o . , u1is�,, ../ � � , Glenda F. Jewitt (/ 2._ _ .-yc$ 5 ar itfVb.- •...cs; r }s�.:':Caj:Y/`zr 1. 1♦ .'- "The foregoing certification was acknowledged before me this day of i/..", . 4" A.D., 19_74 . . My Commission expires d/tYl7d₹�lJ ai /7/4 .1•• Notary Public 4 eC1&crc..C_J. it. ,t �wsi. ' Witness ter Nand and Seal . .- . . ,�a_ -A.,--.1.- �+ x /q' � ,�,��Y.�� - .. --' .,;;. ea r .4 w.aa'+ •aR 9to"�-'^W rdM:•-.. y L. �.: :. e> -..w.3i4'A'n'-.hI ?.,e - : . ',•- "Mi'!SLt'. s�4� s . :. A Tin(-plat'is accepted and appttved'7ei'''iilitlg5�""" .+r..�.�- '= t• 6 i .� tarwi any . , //�� ter L .ta.• ', it BMAN..OF:Tf�_BOARD Or T.,-COMMISSION c ATTEST; County Clerk c� � . 4 ar "a-- s; ° a .•)41,Y ( r'+Y` '.may-7 ..." .- .,r. - t i eih T, 4c: t'c`1... c,,':'�y r ` E n_1,r" ry' �rr t w'E+f• ! + �"'7C I .. A -;4 iy ; 6' a Y a. Boa ate- €.4EE7 2 O#47:2t,a5 r+,t.. rte- / • RECOADED EXEMP f1ON • NO. 0803-1- 4- RE 370 DATE: DECEMBER 26, 1978 SHEET 1 OF 2 OWNER: MARVIN L. BAY and MILDRED N. BAY ROUTE 1, BOX 42 EATON, COLORADO 80615 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1, AND CONSIDERING THE EAST LINE OF SAID SECTION 1 TO BEAR NORTH 00° 02' 03" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE NORTH 00° 02' 03" WEST ALONG THE EAST LINE OF SAID SECTION 1, 40.01 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 88° 50' 46" 'WEST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 1, 1411.74 FEET; THENCE ALONG THE OUTER BOUNDARY OF A TRACT OF LAND, BEING RECORDED EXEMPTION NO. 0803-1-4-RE 138 AND FILED UNDER RECEPTION NO. 1689160 WELD COUNTY RECORDS, BY THE FOLLOWING FOUR (3d COURSES: d__!ti p� NORTH 30 19' 54" WEST, 463.01 FEET; :. d dj - NORTH 17° 02' 16" WEST, 445.13 FEET; - 7/94/11 NORTH 02° 10' 53" EAST, 765.31,FEET; : THENCE P:0 Ti 55° 19' :43" WEST, 408.06 FEET; THENCE NORTH 21P 52' 57" WEST, 888.78 FEET TO A POINT ON THE EAST-WEST CENTERLINE OFSAID SEC.1; THENCE SOUTH 88° 10' 24" EAST ALONG SAID EAST-WEST CENTERLINE, 844.84, FEET; THENCE ALONG THE EASTERLY BANK OF AN IRRIGATION DITCH BY THE FOLLOWING THREE (3) COURSES: NORTH 28° 17' 00" WEST. 175.15 FEET; NORTH 22° 10' 20" WEST, 130.90 FEET; NORTH 01° 46' 30" EAST, 510.85 FEET; THENCE SOUTH 80° 09' 50" EAST ALONG AN EXISTING FENCE AND ITS EASTERLY EXTENSION, 1708.83 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 1, FROM WHICH POINT NORTHEAST CORNER OF SAID SECTION 1 BEARS NORTH 00° 02' 03" WEST, 2094.23 FEET; THENCE SOUTH 00 02'. 03" EAST ALONG THE EAST LINE OF SAID SECTION 1, 544.14 FEET TO THE EAST QUARTER CORNER OF SAID SEC- TION 1; THENCE CONTINUING SOUTH 00° 02' 03" EAST, ALONG SAID EAST LINE, 2598.36 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 138.141 ACRES MORE OR LESS AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. OWNER CERTIFICATE MARVIN L. BAY AND MILDRED N. BAY, BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. ? VIN L. BAY MILDRE BAY 11 8q-j NOTARIAL CERTIFICATE STATE OF COLORADO ) COUNTY OF WELD )ss THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THISn-DAY 0F,LItwyn4,tti A.D. , 1971 BY MARVIN L. BAY AND MILDRED N. BAY. MY COMMISSION EXPIRES: ut/tt", a0 /979 WITNESS MY HAND AND SEAL LI , 4e-x.) NOTARY PUBC WM. .feNts o SURVEYOR'S CERTIFICATE I Y� it. ;is yI I HEREBY CERTIFY THAT HIS PLAT WAS PREAARED UNDER MY SUPERVISION AND THAT * 6610 IA.A. THE S E IS CORRECT TO THE B OF MY KNOWLEDGE AND BELIEF. t°�t,e COI GERALD B. McRAE; REGIST ED LAND SURVEYOR— wane COLORADO REGISTRATION NO.6616 COUNTY COMMISSIONERS CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPirrafirAMOVErnir ATTEST: COUNTY CLERK CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS BY: DATE: McRAE & SHORT, INC. 1227 -eth Annul oraalay. Colorado 80631 treE/TZ"'! 'was RECGADED EXEMP r1ON _ NO. 0803-1- 4- FE 370 SHEET 2 OF 2 w 1 -o o Lot A• a tE © 0 Sec. I. iit T6a.,R.6sW. °o Q Lot Y3" x It 250' zoo. no. /coo- G Scale : 1 "=Sao' Coon'71� Rood yo. is : Pins found 0 : Pins sat LOCATION MAP SCALE' 1"=2000' S 8o•09.so"C III nos. 83• I NO/' 4e•30"E 3/0.85--/ .u54.4S'56•k/ /oe a 55• 554 /7 hof A.. 6.7'44 Ac.$1 I N 22• /0 20"k/ /30.90 — N42°44.05-k/ �. I enitte Of Sec. N28•/7'oo"Wb /75./5. Ss e e' 1, TAN., R.(e3W..)6 S88•/O'24"E At 89.57.57'£ I/e7 Corner -\844. 84" 354. 77' I 1265W. .I See. / Taw 7 SH\\\ 4 I Ib Let S IN N2I•s2'577v /3/.397 Ac. I . y , sable' Ih II:6I 14 N s s• no E{-cer%. 4,...,„,(4.- ;Ft Id 408. 06' "IL.//.78' W cliI h N Ot•/O's3f�J N I' b 76 s. Ell I N 8 Ion ,w 3 Recorded £rem /';04 $ A . 080 -/-4-ore (Recpf"i 1689/60. Iyti� Wok/ C7o..n/y Reno../;) I It I ..t//7.01'/6-k/ I j 1 445./x• I I sit .0 air f's!7t/ '° • - • 465.OP- Thug Ri.a/e4.ae nrn.� ��/� 1f C/o.. � S ///Y00•DI eve s id, N Ire /4//. 74' -� 40•G/' i5Wd,At,____;:;: - ic-- iz L :;,-€, -11 TL�R.4ski & SHORT, INC. 1227-8th Annul Greeley, Colorado 80631 wire, FIELD CHECK FILING NUMBER: RE-370 DATE OF INSPECTION: 1-12-79 NAME: Mildred and Marvin Bay REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. El Section 1, T6N, R65W LAND USE : N Agricultural E Agricultural Agricultural jy Agricultural ZONING: N Agricultural LOCATION: 5 miles east of Eaton E Agricultural 1 mile west of Galeton S Agricultural w Agricultural COMMENTS : The property is irrigated agricultural land (corn) . The parcel is slightly sloping. There is a residence and several outbuildings located on Lot A. Access is existing to the parcel . BY: Ll;c -zs.. t.._seks-.- '. \Y ` & { � '"2+ws._, . a \''14\\'''' �" +f°" r ' 'zT s, .A } x - � x If 1 s, . w?-« mo, F-rd•_. �, ' l + F 'P7. $' . t yam. vy, _ - x, sf'4 _'/ �' � rr 7V JJ a .NUx s r-g- ' j I\ Y� um,il y: 1,i � I I 14), \ F S. y4 .h4/v� litt j 1, �. •, '��` L �y Y q �, " t /,. fl I i 1 A \N. jF 2� � . N i �.i P •krrrt && t , x-, \� ._) '+ y ' ) �M x ' .iw "1 F°$" I 1 1 a �/ yA ; ,t" tIE. i 17 ,�l- L' ,I eat Y X t xt I " .. ' y F I x 3 { .1 4/t 1 v t \\1 4l )'9k,441, + 14 '3'1.f' ' , Y-4I a a It 1 I 44.yy ..� 4 f F I to x Ih(HMf ;I'y * 1 ak 2 , u.tndW 'sd+rYll tr m. �� °. _ M "Its, , r,h {rr » ,` ' I ;t` ►. . ,1 ,A,..."..011.1) , a A R7n�� '' .0 1 ? R< y tl �V I tYM l0,4 u- }M 9 ��y�e nq t{iii I a3I�' h1; � " �F Hello