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Home My WebLink About770683.tiff RESOLUTION RE: RECORDED EXEMPTION NO. 256 - ALEC LEROY LEAVITT AND JANICE K. LEAVITT. 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, it has been determined by the Board of County Commissioners of Weld County, Colorado, at a public meeting held on the 4th day of April, 1977 , in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land, being the property of Alec Leroy Leavitt and Janice K. Leavitt, Weld County, Colorado, more particularly descri- bed as follows: That part of the South Half (S') of Section 22 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the Southwest Corner (SW Cor) of said Section 22, and considering the South Line of said Section 22 , as bearing North 89°19 ' 59" East, with all other bearings con- tained herein relative thereto; Thence North 89°19 ' 59" East, along said South Line , 2468. 52 feet;Thence North 03°43 ' 06" West, 1331. 38 feet; Thence South 89°58' 45" East, 398. 37 feet; Thence North 00°00 ' 00" East, 1264. 20 feet; Thence South 89°47 ' 07" West, 2765. 54 feet to the West Quarter Corner (Wa Cor) of said Section 22 ; Thence South 00°19 ' 14" East, 2611. 04 feet to the South- west Corner (SW Cor) of said Section 22 , said point being the Point of Beginning. Said described parcel of land contains 154 . 681 acres, more or less , including a strip of ground 30 feet in width along the West and South Lines of said described parcel of land reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by in- struments of record or as now existing on said described parcel of land. does not come within the purview of the definition of the terms "subdivision" and "subdivided land" as set forth in Section 30- 28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, desires to exempt this particular division of land from the definition of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA (3) of the Weld County Subdivision Regulations. 44 plc . �V 770683 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove des- scribed parcel of land owned by Alec Leroy Leavitt and Janice K. Leavitt, be exempt from the definition of the terms , "subdivision" and "subdivided land" pursuant to its authority under Section 30-28- 101 (10) (d) , CRS 1973, as amended, and Section 2-1A (3) of the Weld County Subdivision Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 6th day of April, A.D. , 1977 . BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO i < 4-, ,, c,F ATTEST: ‘41122741vA& l�ti(�tlu` Weld County Clerk and Recorder an Clerk to the Bo G- D putt' County lerk A O D AS TO FORM: / W s C unty Attorney -2- 1 j P A �$g fd{T mat list way!N $ A Sp 6 " N • 9 ❑ ❑❑e RECEIPT FOR CERTIFIED MAIL-30(" (plus postage) m I f E ri r i SENT TO POSTMARK Aleck Leavitt c/o United Bank of OR DATE r iit gS SS t STREET AND NO. Greeley Q �/} ffF `jM 4 (,C• 1000 10th Street n 9 YY 9 .,--4 — E n P.O., STATE AND ZIP CODE Sa d Liz t ; Greeley, Colorado 80631 4/7/77 n Crry w cr>' __ OPTIONAL SERVICES FOR ADDITIONAL FEES I Ltl S< N A i 1. RETURN I. Shows to whom and date deliveredseonly 15¢ ■ RECEIPTWith delivery to addressee only 85¢ ^ 2. Shows to whom,date and where delivered 35¢ If '� SERVICES With delivery to addressee only NO DELIVER TO ADDRESSEE ONLY SOe A Q SPECIAL DELIVERY (extra fee required) R, Z PS Farm NO INSURANCE COVERAGE PROVIDED— (See ether side) c� i_ 3800 NOT FOR INTERNATIONAL MAIL ,cm,ten o-460-743 Apr. 1971 „� 1 r + pi, 'I RECORDING DATA — MAPS & PLATS NAME OF SUBDIVISION Recorded Exemption No. 0801-22-3-RE-256 _ ..--- NAME OF SUBDIVIDER Alec Leroy and Janice K. Leavitt _ _ Part of the s4 Sec. 22, T6N, R64W of the 6th P.M. Weld County, Co LOPATION OF SUBDIVISION A APR 7 1977 BOOK ?94RFCEPTION M 1715747 BATE OF RECORnING MARY ANN FEUERSTEIN WELD COUNTY CLERK AND CO ER BY• B- 4 DEPUTY COUNTY I & RECORDER RECORDED EXEMPT/4N /11S? 0801 -22 -3-RE-256 LEGAL DESCRIPTION That part of the South Half (S ) of Section 22 , Township 6 North , Range 64 West of the 6th P .M. , Weld County , Colorado , being more particularly described as follows : Beginning at the Southwest Corner (SW Cor ) of said Section 22 , and considering the South Line of said Section 22 , as bearing North 89° 19 ' 59" East , with all other bearings contained herein relative thereto ; Thence North 89° 19 ' 59" East , along said South Line, 2468 . 52 feet ; ,V}�/l �l Thence North 03° 43 ' 06" West , 1331 . 38 feet ; O Thence South 89° 58 ' 45" East , 398 . 37 feet ; / uf;7 Thence North 00° 00 ' 00" East , 1264. 20 feet ; l` Thence South 89° 47 ' 07" West , 2765 . 54 feet to the West Quarter Corner (WA Cor ) of said Section 22 ; Thence South 00° 19 ' 14" East , 2611. 04 Feet to the Southwest Corner (SW Cor ) of said Section 22 , said point being the Point of Beginning . Said described parcel of land contains 154 . 681 acres , more or less , including a strip of ground 30 feet in width along the West and South Lines of said described parcel of land reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now exiting on said described parcel of land . SURVEYOR ' S CERTIFICATE I heregr 'cfl,,24,14 - hat this plat was prepared under my supervision ; and that t;$e 'tame iW"ro sect to the best of my cnowledge an 'of. I ;r 4 Yt; t °i 4 ii, JAS . F EE E 'L4 , COLO$AD P . E . & L. S . NO. 4392 '4-4,<"'' c{ '1,.'�,/ PROPERTY OWNER ' S APPROVAL We , Alec Leroy Leavitt and Janice K. Leavitt , being the sole owners in fee of the above described property do hereby subdivide the same as shown on t attac m map rJ ssis Alec Leroy avitt nice K. Leavitt The fore oing certification was acknowledged before me this "Coticart day of , A.D. , 1977. My Commission Expires :244444- 3 n 77 Witness my hand and se _ ` • . y ublic o . ' PLANNING COMMISSION CERTIFICATE ° The aec . ley'ing; plat is acce ted and approved fo filing. ) � CI ' RMI AN�0I PIIF..J� BOARD OF COUNTY COMMISSIONERS ATTEST: ' r1;:' .lerk Unman 1J�(APn2tQlin . 1 _. / ^^ A, 1 2�1 . BY____/ , % _, , , m . Dared / L, '7 I I ...... ,PECOADED EXEMPT/ON N° 0801-22-3- RE-25 6 ,°4487 OF S%p are ea, T. 6 N , R.a11v , 67!/PB/. , WELD cocwry , cOLORADO ACy(SS a S89'4707"Po! 276S.64" hIn N h Q ry Ns o b h a W b-$, •a N a Lot •B ' 8 4. 8 /36.9.59? ACRES 0 0j N. s44 iszn. 8895-e%JS E 41.7e• �\., ZSB'°e AN ACCESS EASEMENT FOR .198.17' (ti MAINTENANCE PURPOSES EXISTS W " FOR THE NORTH SIDE LATERAL ,d j°' s277/74E DITCH CO.. SPECIFICALLY A 75' M °� S'°'" ACCESS EASEMENT IS PROVIDED N c>. "1 ili h ON THE WEST SIDE OF THE DITCH. S/3 ea'80 E. 88190' kte +k1 3183 S41G"E. a a sees' ‘ a tor .4 ' t 0/7. 722!AG P6S ' sca/e,.589 /9S9"k! ///2.75' 1 N69Y9S9E_/.srs.77' • mein se/ X9`.c ''6. 24a8 s'e S'A'Car See.a c°�� R{—�� T. 6N, R 61,44 Sou//Lane Scr.22 PO/NT OfdfG/NN/NG O/tW R A/ec Leroy Lea,-/# 0 ✓an,ce K. Lear,.f' cya aw,lea/ Bank a scree/by i6 15 14 /2D /&Z+ Sfreef co. �ta Ge aree%r, a/o. Bac/ in r- a q? N A U 21 22 3 23 WV�i .N,1 /OT B ry ..r/ 2 (pV 10T A / co.R0.66 'c F —� 27 —I 26 28 a• gf VICINITY MAP scale 1"r.2000' tV1:f 1WE' Vit DEPARTMENT OF PLANNING SERVICES PHONE (3031 356-4000 EXT. 400 ET WI I P Cs 91L RAH 80 31 GREELEY,V, COLORADO 80631 COLORADO April 4, 1977 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #256 Dear Commissioners: The attached application, plat, and related materials are in reference to a request by Alec and Janice Leavitt for a recorded exemption. The parcel of land is described as pt . of the Si of Section 22, T6N, R64W of the 6th P.M. , Weld County, Colorado. Said property is located 1 mile north of Gill . The subject property contains 154. 681 acres of Class II , III , and IV irrigated soils. The request is to split the property into parcels of 17. 722 acres and 136. 959 acres. Both of the two resulting parcels would contain an existing set of improvements. Based upon the information submitted and the adopted policies in the County, the Planning Commission staff recommends the request be approved for the following reasons: 1. The proposed split conforms with the intent clause of the Recorded Exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the agri- cultural district (Section 3. 3 A of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that each resulting parcel would have an existing set of improve- ments and the use would be compatible with the surrounding agricultural uses. 2. The request complies with the provisions of Section 9-4 (A) of the Weld County Subdivision Regulations. Respectfully, Thomas E. Bonn Zoning Administrator APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : LAND CODE : CASE NO : T : S : 1 /4 : DATE : 4 /5177 LEGAL DESC . APPR : APPL . FEE : /c<_ APP . CHECKED BY : RECORDING FEE : /9 ,or DATE SENT TO BOARD : RECEIPT NO . :S=-r9) • DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : See Legal Description Attached ACREAGE : LOT "A" 17.722 ; LOT "B" 136.959 ;TOTAL : 154.681 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO x FEE OWNERS OF PROPERTY : 33-6 — l Do P NAME : Alec Leroy Leavitt ADDRESS Rt 1. Box 127A Gi1PtHONE : 353-2305 NAME : Janice K. Leavitt ADDRESS " " " " Gill PHONE : " " NAME : ADDRESS PHONE : WATER SOURCE Lots "A" and "B" are both serviced by N.W.C. W.D. Sea letters attached. TYPE OF SEWER Two existing septic tanks, one on Lot "A" and one on Tot "R" PROPOSED USE Lot "A" - residential, Lot "B" - Agricultural. I hereby depose and state under the penalities of perjury that all statements proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . alee_ det 1/* COUNTY OF WELD ) STATE OF COLORADO ) Z ,cz Q7 Si nitature : wner or Authorized Agent tAd Subscribed and sworn to before me this /� day ofd , 19 77 NOT LIC //- M779 My commission expires : \ T ,'.. ..4 14 -'.4 .. I .°G' 'W" _ - .. �.n[_ - .A -- A e m -/) Y' IMtintilk ,.,M a m Tyt� '� 44.50,.. ; 1.1 ...a r 1 4'$ \ j Itt1z a .. e Zb , 1 {\.! G 1 i.. � r „ p 9 h r i It� r I 'y, tfB6 c ' IM` +I�e.�ireBr d 1 M;E2 ' rve" +weer' t. 1-••fr ... E ;ii I ;r t it ,, qt,,, , r J aitt�( k1 y° `E r�� ; + yy+, p apppp a3. t�,.Y a' ref• irt ati _ _ +-Y ' .,.,h _ �L D�` dl 4.. yF. Y`. d ...?..s rid1"'•9P ,, ti1�: 't m III «r. ,� - , a 1� 9t4 ry 4 1 gNI, � :� % ', . =c'. d \ w r-044 4'4 a!5 4' .S y1 # E r ^IMxyy \ A W k ale ^ Lil :� q live -Ill' � _ _ ate: 4 t 1 "Nan .(, Y 3 F I' ../;/: f ♦ 1 et...../ I p c , ' 31 E, Ii � r.:J a , R.-''- E rE 3a:..S'_ ... _ 1 - '* a --71. ' MEMORANDUM To: Board of County Commissioners Weld County From: A. Leroy and Janice K. Leavitt Subject : Application for Recorded Exemption Background: In October, 1975, we purchased a 75 acre farm in Section 22 approximately one mile north of Gill (51 of the SW1 of Section 22, T 6N, R64W) . This farm has a complete set of improvements with approximately 70 acres of grass and cropland. In February, 1977, we purchased an 80 acre farm adjoining us to the north (N' of the SW1) . This 80 was purchased for the purpose of expanding our livestock and farming operation. Additionally, it also has a complete set of improvements in which we are currently living. Request : A Recorded Exemption on a 17. 722 acre parcel of land and improvements identified as Lot "A" on the attached survey. Purpose: Lot "A" consists of a complete set of improvements with an existing and properly functioning septic system, with domestic water provided through the North Weld County Water District. The house, barn, corrals and outbuildings set on approximately 5 acres on the east side of the Greeley No. 2 Canal, with approximately 12 acres of pasture on the west of the canal. The 12 acre pasture is bordered on the west by Highway 37, Weld County Road 66 to the south, and by the Greeley No. 2 Canal to the north and east. This request would satisfy basically two purposes. (1) A recorded exemption on Lot "A" would permit us to sell off the extra set of improvements, and (2) tie the remaining acreage (about 57 acres) of our original farm into the recently purchased 80 acre adjoining farm. Lot "B" will then consist of 137 acres which improves its value to us agriculturally. Additionally, we feel this is consistent with State and County objectives as they pertain to preserving farmland. --, r t ,ECO,PDEO EXEMPT/ON N1 IrAwn- OF .f'!¢ sir P?, rem , R.adv. , am'.. ,M. , l✓EZD CO!/N7"), , COZDAWDO 44 c$. S Q9'47'07%Y 1/64-.S'4 " a a . I y h . A C 1. �Y A a • \ iii LOT 149 9 L •• 8 /.li.9S91 AC/CIS N % If.9I' I.M.Od• II 1'.f/YSY 1��O : CI F>f�.. ..lo,� lo. . t, , ₹P 6/047' sunset`. An PO y .V . Sear-COI .•1 Q /7. 72 r,pc',Q4 ® , C Anne,flail' H -- L_ se9•/9 O'4'_ it/1 Rr ill yL7 ,vn•/n:to 1r __not.it -p;, w! i --'v "S. N4%4-s' �- h SA'ay: $e 1P c. y R... es T a4/, R 64 Sefi f Zne Scree Po/NT OF 4-&6/Ny/NB % e 1 OAVNACR i A/ar Leivy Ln,rr,# 0 ✓an,ce X. Lti&-o# ic. s 54 angled item r4 e/Gieeby • Ro G.• 10" ' /co sff'veA c Gree/ey, C:4. no/ n ` N 1 22 2I re Cr( / 9 , / t oT A xe c n 7c l �f VICINITY MAP ' acute! I'two BOARD OF DIRECTORS w'-'7"= ( ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH y. ROBERT ALKIRE / HIGHWAY 85 LUCERNE, COLORADO 80646 GARY SIMPSON II, - LYLE NELSON, MGR. Tom REED P.O. BOX 56 - PHONE 956-9020 March 9 , 1977 TO ?9.'.0::4 IT MAY CONCERN: This is to confirm that domestic water service is now being provided to the below mentioned property through North Weld County Water District transmission lines . SW* of Section 22 , Township 6 North , Range 64 West of the 6th P .M . , Weld County , Colorado . deter Number 550 - - Property owner Alec Leavitt Incerely , NORTH WELD COUNTY WATER DISTRICT % e D . Nelson , Manager LDN/rr BOARD OF DIRECTORS ~- „ NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES ALEX HEIDENREICH ROBERT ALKIRE Sr Y HIGHWAY 85 LUCERNE. COLORADO 80646 GARY SIMPSON :Ay- r,'! LYLE NELSON. MGR. TOM REED V ' = - P.O. BOX 56 • PHONE 358-3020 March 9, 1977 TO WHOM OM IT MAY CONCERN: This is to confirm that domestic water service is now being provided to the below mentioned property through North Weld County Water District transmission lines . Pt . of NzS;•', of Section 22 , Township 6 North , Range 64 West of 6th P .M. , Weld County , Colorado . Meter Number 1491 - - Property owner Alec Leavitt Sincerely , NORTH WELD COUNTY WATER DISTRICT vD. Nelson , Manager LDN/rr • WELD COUNTY PLANNING CEP.TIFICATE OF CONVEYANCES COMMISSION S T AIE OF COLORADO ) • COUNTY OF WELD ) The TR hANSAMBRICA TITLE INSURANCE or ABSTRACT CO''?, Y ereoy cerGiries that it has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION : That part of the South Half (SL, ) of Section 22 , Township 6 North , Range 64 West of the 6th P . M . , Weld County , Colorado , being more particularly described as follows : Beginning at the Southwest Corner (SW Cor ) of said Section 22 , and considering the South Line of said Section 22 , as bearing North 89° 19 ' 59" East , with all other bearings contained herein relative thereto ; Thence North 89° 19 ' 59" East , along said South Line , 2468. 52 feet ; Thence North 03° 43 ' 06" West , 1331 . :38 feet ; Thence South 89° 58 ' 45" East , :398 . 37 feet ; Thence North • 00° 00 ' 00" East , 1264 . 20 feet ; Thence South 89° 47 ' 07" West , 2765. 54 feet to the West Quarter Corner (W; Cor ) of said Section 22 ; "''hence South ( 0° 19 ' Ia" East , 2611 . 04 feet to the Southwest Corner (SW ('or ) of said Section 22 , said point being the Point of Beginning . LWri tfMm.1ts Irr none appear, so state ) : Reception no : 1629488 , Book 707 See Attached copy Reception no . 1630075 , Bcok 708 " Reception no . 1638581 , Book 717 " Reception no . 1641883 Book 720 " " 't Reception no . 1669962 ,, Book 748 " " Reception no : 1673272 Book 751 " Reception no . 1712417 , Book 790 " Thi : Certificate is made for the use and benefit of the Planning Commission of Weld County , - Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the amount of the fee paid for this Certificate . In "itness Whereof , TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 14th day of March , A. D. 1977, at 7 :45 A.M. o ' clock . TRANSAMERICA TITLE INSURANCE By // COMPANY � �tr��yATURE�� . • —, 34 //JJ Boa( Recorded at o'clock.....H...M., FEB...1 1974 ca 1629488 s tte sHD,� °J Ill Reception No EL Recorder. .-I .. N ' HARRINGTON LAND CO. , a Colorado corporation o. .ti I whoseaddressis 2126 14th Street "' Stole Documentary Fee Greeley County of Weld ,State of FEB 1 1974 a)in Date..---q....---o--O'-- in "' colorati., , for the consideration of $.-.__P_S2Lt_P..t! • fl, other valuable consideration and Ten • IN' dollars, in hand paid,hereby sell(s) and convey(s) to J f4 BERNARD EISENSTAT • - r-1 NI whose address is 470 S. Colorado Blvd. Denver 80222, City and County of • o o Denver m , and State of Colorado the following real property in the o o ti a County of Weld ,and State of Colorado,to wit: o n The Southwest Quarter (SA) and the West Half of the t ti Southeast Quarter (WhSE4) of Section Twenty-two (22) , ) Township Six (6) North, Range Sixty-four (64) West e-+ m of the 6th P.M. containing 235.737 acres, more or less, together with 300 acre foot units from the works of the I.-- • Northern Colorado Water Conservancy District and six shares of the capital stock of the Larimer and Weld Irrigation Company, and together with all other water rights and rights to the use of water and rights of way and easements for irrigation ditches and canals used for the irrigation of the above described property. I Together with 11 shares of the capital stock of the Owl Creek Supply and Irrigation Company, 11 shares of the capital stock of the Decker Lateral Company and 11 shares of the capital stock of the Graham Lateral, Inc. O:. . 1 ' r f • with all its appurtenances,and warrants) the title to the same, subject to rights of way and easements created and evidenced by instruments of record or es- tablished on the premises, reservations, exceptions, covenants, conditions created and evidenced by instruments of record, oil and gas leases of record. Also subject to 1974 taxes payable in 1975( zoning and land use restrictions and building, plumbing and heating code restrictions established by resolution of the County Planning Cot ep 6 icyn and Board of Count Commissioners. � ,.� ig his 31st day y of .-�` January , 19 74 . HARRINGTON LAND CO. •• - ATTEST: 2,1,, I?„<+..... .... ✓.aat.a..: . ISTATE OF COLORADO, Secretary County of Weld 1st The foregoing instrument was acknowledged before me this 31st dayof January ,1974 ,by ALFRED L. HARRINGTON as PRESIDENT and NORMA E. HARRINGTON as SECRETARY of HARRINGTON LAND CO. , a Colorado corporation. Myeoril ussionexpires October 1, 1977 %%)'Witnessnly hand and official seal. t'= ttoIA:21 /' 1 J•,a oc, A t I Nuts;Public SluluL.r,Acknowledgment—If by natural perwa or person here thwart name or Darnell;'(by pews YtW(In reprweotative or r intl.la)r,1 at Ity or as attorney-In-fact then insert name of person as executor•ttorn,y-tn-fact or other capacityor deacrlp- ' non: Zr by of Near of corporation then Insert name ul suc officer or oicers as the pnHdwl or other olkera web cr- t...rall,m owning It. No.#01. w....el,Mend--.Short bra_Ik..I oi-11.Cal.1N1—nradfed ruWLMY Co..113444 stout tibwt,Deane.OWande- ,-71 tel • • O �bOOE Recorded aL... 0 ro'last Tv, .v 13 1974 708 Recapitoe No _163.0075 a 1n ifrani, 1R___E.eord.r I—' r ' Know ALL MEN By THESE PRESENTS, That I, Bernard Eisenatat f ch City and Denver of the County of ,and Stab of Colorado, N fortheconeiderationof Ten Dollars ($10.00) and other valuable o consideration 0 CI S $ a in hand paid,hereby sell and convey to Gill Land Associates, a Colorado �; partnership, t of[he City and County of Denver ,and ehe State of Colorado, 0 the following real property,situate in the County of Weld and State of Colorado,to-wit: F Parcel #1: The North Half (N1/2) of Section 15, Township 6 run North, Range 64 West of the 6th Principal Meridian, Weld County, W Colorado La- Parcel #2: The North Half (N1/2) of Section 21, Township 6 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado r . Parcel #3: The North Half (N1/2) of Section 22, Township 6 North, 3 Range 64 West of the 6th Principal Meridian, Weld County, Colorado Parcel #4: The South Half (51/2) of Section 22, except the East Half (E1/2) of the Southeast Quarter (SE1/4) , Township 6 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado Together with 1100 acre foot units of Northern Colorado Conservancy District and 3 shares of Larimer and Weld Reservoir Company [ 1 with all its appurtenances. Signed and delivered this 1ST dgol 'Yenta Iaway . 1974 r r . In the pr eaea of a )A0.!bP [SB.AL] TEEEEzi:: ard __......_..[REAL]_......_._...._... _..._-_..._....[SEAL] STATE OP COLORADO, City and�ts aDenver a i The tangoing Instrument was acknowledged before me able / &d y at or -„rte,_ 1974 ore Bernard Ei ens tat `,�........... t� i-A ' My commission expires 01 / , 176 .Watq�a�Wpfund4ssOeiat seal. l' -- —_ 11 l5 41{W YI UVryuu tit Y'.fYVYr U.,.t,,enn°s al*or wan. I EY Dr.ruY Y.{4q to.i.roruunrtbwr ulfluuf tatot It) or.. ',tear k.,! at /t oclock...1.✓.M JUN13 1974 • 163t35'3? S LEE SHEHEE, JK • • Reel,o- o......_ _._. ....._ Recorder. INST`.LL,Mbhfi LAN^ CONTRACT— LAND (buyer pays Taxes and Insurance) • G• ^m'crlt.l•T made and entered Into ttis Seventh day of Jur•. 19 74 b}, and bo •een GILL LAND ASSOCIATES, a .,) fin e,eneral Ycr.nership, cJ --- --- hereinafter called Seller, -t 1 cm i sd_ ROP,ERT C. STEPHENSON, I .y hereinafter called Purchaser O i W71'l.'ESSE7H: ' b consideration of the sum of 1.21750.00In the form of_ cash in hand paid by the pax chaser to the seller, as part payment for the hereinafter described property, receipt of which Is hereby M acknowledged and in further consideration of the mutual covenants hereinafter set forth, it is agreed and stated as • `—t follows: I.In accordance with the terms and conditions hereinafter set forth, seller agrees to sell and purchaser agrees to buy the following described real property situate in the County of Weld • State of Colorado, to-wit: as set forth in item 10 on page 3 hereof, { { with all rights of way and easements appurtenant thereto, an improvements thereon and all fixtures of a permanent nature, U any, in their present condition, known as number Rural Route 1. Box 125, Gill, f nl orarin, 80624 , subject to the following encumbrances: none. !; { t; Price to Include: One domestic water tap in the North. Weld County Water District, one propane tank and one cattle—squeeze Shute on said property. 2. Concurrently with the execution of this agreement, the parties have executed an escrow agreement incorpoo- rating the terms hereof, with The Home State Rank of Loveland, f nl nradn a corvoration, as escrow agent, and the seller has executed and delivered to said escrow agent a warranty deed convey- lag the above described property to the purchaser, which deed Is to be delivered to the purchaser on the following • to ms and conditions: upon payment of the balance due hereunder by purchaser to seller in accordance with terms hereof. 3. Purchaser agrees to pay seller as the full purchase price for said property the sum of $75,000.00 payable as follows: $21,750.00 hereby receioted for; the balance of $53,250.00 together with interest on the u. aid balance at the rate of 8% per annum payable as follows: �. 53,2°. " ,0O principal payment on January 2, 1974; and the balance in 8 annual installments of not less than $5,841.50 per year, including both principal and interest, beginning on the 7th day of June, 1975, and continuing on the 7th day of each June thereafter until principal and interest have been paid in full. Entire balance of principal and interest shall be due and payable on or before June 7, 1983 in a lump sum final payment, if not sooner paid. From and after clash• date purchaser shall pay all taxes and assessment, levied on said property except taxes for special Improvements n,..a installed. In case of the failure of the purchaser to make such payments when due, the seller may pay such taaea •.,r assesnmenis, and all money°thus paid, with interest thereon at 8 % per annum, shall become se much additional indebtedness under the terms of this contract, or seller may declare a [.:fault as provided in paragraph 6. � . (NOTE: Any ae s,gna.<rd of this contract must be accompanied by a new escrow agreement, escrowing a deed of the aceignor to the atbipuue with The escrow agent, to assure a proper chain of title.) _I 10^38551 • s_,.! t led '.trot to tmerea:, and then to principal, Oxcept as hereinafter J- 'z 6. . oas_ss.on s ha" tc delivered to purchaser on s lgiti:d(g of this agreement. 6. In. the se_,.; of P-?wilt by purchaser under the terms of this agreement, seller may give written notice of such default to purchaser, and if said default Is not corrected within 30 days of such notice, the escrow agent shall rede!l'.'r said deed to seller upan receipt of the affidavit of seller (1) that such default has occurred,(2) that notice has been gi en, and (3) that said default has not been corrected. Upon receipt of such affidavit by the escrow agent, the interests of the purchaser shall be forfeited, and the seller shall be entitled to immediatepossession of the prem- ises and may retain all moneys paid by the purchaser as liquidated damages. 7. It is understood that purchaser does not assume the prior encumbrances on the property, and that Beller shall make ell p, cents thereon as they become duo and owing, and shall fully discharge Bald encumbrances prior to or strnultarcoa$y with delivery of deed to purchaser. In case of failure of seller to maize such payments as they become die, purchaser shall have the right to make such payments and to deduct the amount thereof from the Install- meets due and owing the seller hereunder. 8. Purchaser shall not make any major alterations or additions to said property without first obtaining per- mission of seller, which permission shall not be unreasonably withheld. All expenses Incurred In making alterations, additions, or improvements to said property shall bo promptly paid for by purchaser. Purchaser shall keep the press- fees in a good state of repair during the term hereof. 9. Addi'.tonel Provisions: as set forth on page 3 hereof. IN WITNESS WHEREOF the parties have hereunto set their hands and seals. APPROVED June ti , 1974 APPROVED June 7 2974 Gine/5.-,..414,Z2/„.,.... , Wooer . .l�epFietiaon Seller Purchaser Purchasers Address Rural Route 1, Box 125, Gill, Colorado, 80624 Seller's Address 745 Lincoln Avenue, ' Loveland, Colorado, 80537 STATE OF COLORADO as. COUNTY OF Larimer The foregoing instrument was acknowledged before me Ws 7th day of June 1974 3 Gerald G. Williams, general partner of Gill Land Associates, a general partnership, and Robert C. Stephenson.• My commission expires: February 23, 1976. • Witf6aa any hand and official seal, 4 J %iflth/pp., Notary Public • -:,.� �y - L veland Realty(-D` Broker • oer �rtrc' ' f Page 2 UJVJJl 3 10. LEGAL DE;;C!tIY'^i0^i: .1 Part of the Southwest Quarter of Section 22, Township 6 North, Range 64 West of the 6th P. M. , Weld County, • Colorado described as follows: Beginning at the Southwest corner of Section 22, and ce sl Bering the West line of the South One-Half of said Section as bearing North 00°19'14" East, and with all other bearings contained herein being relative thereto: thence North. 00°19'14" East, along the West line of the Section, 1358.19 feet; thence South 89°58'45" East, 2,374.16 feet; thence South 03°43'06" East, 1,331.38 feet to a point on the South line of said Section 22; thence South 89°19'59" West, 2,468.27 feet along the South line of said Section 22 to the Point of Beginning, contain 74.679 acrta .tare or less; Together with 25 acre foot units from the works of the Northern Colorado Water Conservancy District and two shares of the capital stock of the Larimer and Weld Irrigation Company, and together with all other water rights and rights to the use of water and rights of way and easements for irrigation dtiches and canals used for the irrigation of the above described property. Together with 3 shares of the capital stock of the Owl Creek Supply and Irrigation Company, 3 shares of the capital stock of the Decker Lateral Company and 3 shares of capital stock of the Graham Lateral, Inc. 11. It is clearly understood by all parties hereto that the 25 acre foot units of Northern Colorado Water Conservancy District water and the two shares of the capital stock of the Larimer and Weld Irrigation Company stock have been paid for separately and are shown herein pply incidentally, and both parties agree that the 25 acre foot/Of arthern Colorado Water Conservancy District water shall be realiotted from a larger parcel of land of which this parcel is a portion to the land actually described above, and the buyer and seller shall share the cost of said reallottment equally, 12. Both parties acknowledge that the seller has herewith delivered .a title policy committment at sellers expense showing merchantable title in seller, and further agree that the warranty deed to be placed in escrow shall convey said property free and clear of all liens and encumbrances except rights of way and easements created and evidenced by instruments of record or established on the premises, reservations, exceptions, covenants, conditions created and evidenced by instruments of record, oil and gas leases of reoord. Also subject to 1974 taxes payable in 1975, zoning and land use restrictions and building, plumbing and heating code restrictions established by resolution of the County Planning Commission and Board of County Commissioners. 13. Taxes for 1974 shall be prorated as of date of this agreement based on 1973 taxes. Purchaser shall pay for the 1974 water assecsmcnts. 14. The oil and gas lease dated May 1, 1970 between Harrington Land Co. , Lessor Lessee, shall be asined to se insofar itr affects Pthe�abovedescribed landssonly,, However,raitris • specifically agreed that the 1974 lease rental payment thereon shall not be adjusted. 15. The purchaser shall receive the 1974 crops on said property, if any. 16. The purchaser shall have the right to prepay any amount at any time without penalty. 17. At the option of the seller, the deed may be delivered at any time, and the balance due hereunder shall be set up in a note and deed of trust secured by said property and executed by purchaser on th• s: me t�.-1 is conditions and interest rate as herein provided. C 1 1, 1,. .._. _ Page 5 �� 7?"-1 . , Rrorded at otinck. .a ..........__._._._AUG - i S LEE SHEHEE, 1P^ Reception No- 14,;l1 :33. lteesrdv. 171- INSTALLMENT LAND CONTRACT—LAND (suyer pays Taxes and Insurance) w�T:!: CONTRACT made and entered Into phi: r- day of 1d 74.by and between GILL LAND ASSOCIATES, a 1 partnership, 4cPuLr called Seller, 'KT C. STEPHENSON, a single man, and THELMA KLEIN, a single woman, II hereinafter called Purchaser wrrntSSETR: le consideration of the sum of s 15000 00, the form of cash In band paid by di purchaser to the seller, as part payment for the hereinafter described property, receipt of which is hereby ar.,no.tl ,:.d and In further consideration of the mutual covenants hereinafter eel forth, it is agreed .a stated as 1.in a,eordance with the terms and conditions hereinafter set forth, seller agrees to sell and purchaser agrees to hay t,o fallowing described real property situate in the County of Weld State of Colorado, to-wit: As set forth in Item 10 on Page 3 hereof,withpale all of way and easements appurtenant thereto, an improvements thereon a all fixtures of a permanent nature, If any, in their present condition, , subject to the following encumbrances: none �( Price :o Include: outer boundary survey with corners pinned. Concurrently with the execution of this agreement, the parties have executed an escrow agreement ineorpn- rat.::,; the terms hereof, with The Home State Sank of Loveland Colorado , 1 a on.;,,...ao,,as escrow agent,and the seller has executed and delivered to said escrow agent a warranty deed convey- ing ti. -,va described property to the purchaser, which deed Is to be delivered to the purchaser on the following terms ant condition.: upon payment of the balance due hereunder by purchaser to seller in accordance with terms hereof. fl 3. Purchaser agrees to pay seller as the full purchase price for said property the sou of$ 64 000.00 {. payable as follows: $_'5,000.00 hereby recetpted for; Tl.a balance of$__49 000 00 , together with Interest on the unpaid balance at the rate of 8% ! par cent per annum, payable together in annual installments of $5,619.24 beginning ;.uyu:c 1, 1975 and continuing thereafter on the let of each August until au,{u t 1, 1983, at which time any remaining balance together with any unpaid shall be due and payable in a lump sum final payment, unless sooner 1. alter closing date purchaser shall pay ell taxes and assessments levied on said property sacept lass for raven ants now Installed. In case of the failure of the purchaser to make such payneNs when due, the such t.r.es or assessments, and all moneys Unpaid. with interest thereon at NN S per ...me so much additional Indsbtednese under the terms of this contract, or seller may declare a J... Lm in I.ar=graph a. • ph, le. i aT.o ' die contract must be :accompanied agreement, rowbg a deed of -.. p by • sew mart. sac u.. . the . w.:: Cu escrow anal, to .sun •proper chain of title.) Page 1. • 1641883 manta shall be applied prat to Interest, end then to principal, except as hereinafter 4/-2 f I li .c..casim, shell Le deli.eaed to purchase en signing of this aereemanr. t . the event of default by purchaser order the terms of this agreement, seller may give written notice of • ..:: to purchaser, and If said default is not corrected within 30 days of such notice, the escrow agent shall ;d deed to seller upon receipt of the affidavit of cellar (I) that such default has occurred,(2)that notice an, end (9) that said default has not been corrected. Upon receipt of such affidavit by the escrow agent, t— '- taof the purchaser shall be forfeited, and the seller shall be entitled to Immedlatepoeae°e loot of the prera- t..a an I may retain all coon a ry paid by the purchaser as liquidated damages. 7. It Is understood that purchaser does not assume the prior encumbrances on the property, and that seller shall mc'm all payments thereon es they become due and owing, and shall fully discharge said encumbrances prior to or simultaneously with delivery of deed to purchaser. In case of failure of seller to make such payments as they beens a tan, purchaser shall have the right to make such payments and to deduct the amount thereof from the install- i s due and owing the seller hereunder. At no time shall the amount owing • caeca! the unpaid principal balance owing under this contract. on any present or furore encumbrance 9. Purchaser shall not make any major alterations or additions to said property without first obtaining per- mis_i.n of seller, which permission shall not be unreasonably withheld. All expenses Incurred In making alteration), oddIetts, or improvements to said property shall be promptly paid for by purchaser. Purchaser shall keep the prem- ises le a good state of repair during the term hereof, • 9. Additional Provtsiooe: As set forth on Page 3 and Page 4 hereof. (. IN WITNESS WHEREOF the parties have hereunto set their sends and seals. F{1 APP1:9tED August 1 , 19 74 APPhOVED August 1 19 74 Pill I+C,,{ASSOCIATES (�l '1 . 1)y. ,�,� /\j v rd Robe C C. Step son 7 ,/ J�� .k �_ �__a 7 Sauer in ,,a� �` t Purchaser Thelma Klein Purchaser',Address Rural Route 1, Box 125, Gill, Colorado 80624 Baler's Address 745 Linroln Avenue. Loveland, Colorado 80537 STATE OF COLORADO °°' r'^'CtfY OF Larimer ,'aytinetrument was acknowledged osfore me this 1st day of_ August ._ '..cen �l,1 C. Williams,general partner of Gill Land Associates, a general partner- '.:pp,:and Robert C. Stephenson. a single man, and Thelma Klein, a single woman, -mioue7ptres: February Z a 1976 • • }sand ad official seal, L 7 e ,- Notary Public LOVELAND REAL Broker 27 Broker • Page 2. \ 1641883 v-3 10. !.:GAL DESCRIPTION: tract of land located in the South 1/2 of Section 22. Township 6 :" , Range 64 West of the 6th P. M. , Weld County, Colorado, being err ;'rticularly described as follows: ::Ginning at the West 1;4 cot.,ct o. paid Section 22 and consider- in .1:e North line of the South 1/2 of said Section 22 as bearing North SS'C7'07" East, with all other bearings contained herein relative thereto; thence North 89°47'07" East, along the North line of the . South 1/2 of said Section 22, 2765.54 feet; thence South 00°00'00" West, 1264.20 feet; thence North 89°58'45" West, 2772.53 feet to a point on the West line of said Section 22; thence No.t.h 00°19'14" east, along the West line of said Section 22, 1252.85 feet to the point of beginning, containing 80.001 acres, more or less and subject to a county road right-of-way across the West 30 feet thereof, and three (3) shares of the capital stock of Owl Creek Supply and Irriga- tion Ce. 2any; three (3) shares of the capital stock of Graham Lateral Inc. ; three (3) shares of the capital stock of the Decker Lateral _=. and rights of way and easements for irrigation ditches and r is used for the irrigation of the above described property. 11. is clearly understood by all parties hereunder that there are units the Northern Colorado Water Conservancy District water a1lottrd to these premises as well as to the other adjacent land and both parties agree that the seller is retaining ownership of said • :c..ern Colorado Water Conservancy District water and the purchaser . ._ Hader agrees that at the time it will be reallotted from the t ees in the future, said purchaser will sign and execute any • tits required to effectuate the proper transfer of said Northern do or-ado Water Conservancy District water. 12. Both parties acknowledge that the seller has herewith delivered a title policy commitment at sellers expense showing merchantable title in seller, and further agree that the warranty deed to be placed in escrow shall convey said property free and clear of all liens and encwLn nces except rights of way and casements created and evidenced by instruments of record or established on the premises, reservations, e capnons, covenants, conditions created and evidenced by instruments of record, oil and gas leases of record. Also subject to 1974 taxes ouyabie in 1975, zoning and land use restrictions and building, nlc,::bin3 and heating code restrictions established by resolution of the County Planning Commissionand Board of County Commissioners. 13. Taxes for 1974 shall be prorated as of date of this agreement used on 1973 taxes. Purchaser shall pay for the 1974 water assessments. 14. The oil and gas lease dated May 1, 1970 between Harrington Land Co. , Lessor and R. Charney, Lessee, shall be assigned to purchaser • insofar as it affects the above described lands only. However, it is specifically agreed that the 1974 lease rental payment thereon shall not be adjusted. 15. The purchaser shall receive the 1974/crops eon said property, if any. 16. The purchaser shall have the right to prepay any amount at any time without penalty. 17. At the option of the seller, the deed may be delivered at any time, and the balance due hereunder shall be set up in a note and deed or trust secured by said property and executed by purchaser ` rl t`•r Tame terms, conditions and interest rate as herein provided. • 18. It is specifically agreed between the parties that in consideration . of the signing of this agreement and other good and valuable considerations the purchaser hereunder shall have the option to purchase separately two shares of the Larimer and Weld Irrigation Company water stock and twenty-five (25) units of the Northern Colorado Water Conservancy District water, which option shall run until August 1, 1975 and the purchase price t4 - of said water shall be the then current market price and said purchase price shall be paid in cash on the day the option is exercised and the purchaser firmly agrees to purchase said water. In the event purchaser anreises the option to purchase said water, the water stock shall be transferred to them and the 25 units of Nothern Colorado Water Conser- - strict shall be reallotted to these premises either from land inc N 3641:;33 x'ch the=, premises are a perti'n or from other lands, and both :chase- and seller agrees to "recute the appropriate documents -y to effectuate the proper cransfer of said water. is .'early understood chat there exists a water line for ,on rposes across the :'orth boundary of this property which :a t Southeast quarter c` 3ccLicr 21, Township 6 North, Range of . ,r 6th P. M. , and that the seller is abandoning this se u.iich has been previously used for transferring waste water .naser hereunder specifically amrove said abandonment, and ,rthr mutually agreed between purchaser and seller that the -r the shall have no right whatsoever to the waste water involved, �. 11 said Southeaste be squarter the ofLSectiono21, Townshiptransferring 6 Nort water h, Range of the 6th P. M. seller hereby reserved the right to extend irrigation ditch - - .s from the existing irrigation ditch near the East end of the above ; ='_bed property to serve the 80 acre parcel lying to the East of the • described parcel, if necessary. 21. Possession is subject to a verbal farm lease covering the 1974 corn cr;-p planted on the east portion of the above described property, -- . Reed, and Mr. Reed shall have the right to remove said corn ere:, the purchaser hereunder shall be entitled to receive the f)-;,:a 1/3rd landlords share of said corn crop as provided itnp item 15. s • Pit I • 1 i w.. S.EP._i_G 1975. __._ ` 7,15-i gf,f;9912 1, t N .... 9.156 SHL4Z.L JR..gaoorder. II THELMA KLEIN, a single person I , Ir r:Lm.e mLirr'S ie ` County of Weld ,and State of a O.1Colorado , for the consideration of---SEVEN THOUSRN C. FIVE HUNDRED AND NO/100 Dollars,in hand paid, hereby eell(s) and quit claim(s) to ROBERT C. STEPHENSON, ~ a single person whose address is Route 1, Box 125, Gill 0 County of :Is!d ,and State of Colorado ,the following real P O property,in the County of Weld ,and State of Colorado,to wit: O `• A tract of land located in the South Half 5( 1/2) of Section Twenty- two (22) , Township Six (6) North, Range Sixty-four (64) West of the FL` 6th P.N. , being more particularly described as follows: Beginning •--1 at the West Quarter Corner of said Section 22 and considering the North line of the South Half of said Section 22 as bearing North 89047'07" East, with all other bearings contained herein relative thereto; thence North 89°47 '07" East along the North line of the South Half of said Section 22, 2765.54 feet; thence South 00000'00" West, 1264.20 feet; thence North 89058'45" West. 2772.53 feet to a point on the West line of said Section 22; thence North 00019'14" East, along the West line of said Section 22, 1252.85 feet to the _ point of beginning, containing 80.001 acres, more or less and subject to a county road right-of-way across the West 30 feet thereof; and three (3) shares of the capital stock of Owl Creek I Supply and Irrigation Company; three (3) shares of the capital stoc of Graham Lateral Inc.; and three (3) shares of the capital stock o the Decker Lateral Company; and rights of way and easements for irrigation ditches and canals used for the irrigation of the above ;. described property. I The grantor herein, by this instrument, intends to convey and i' assign unto the grantee all of her right, title and interest in and i to the above described property, which she acquired under and by �'. virtue of that certain Installment Land Contract dated August 1, . 1974, and recorded August 6, 1974, in Book 720, under Reception No. 1641883, Weld County records. l with all its appurtenances 11 Signed this /.5T5= day of September ,l9 75 . n /. _ 5::: --_.-- ' Thelma Klein STATE OF COLORADO, •County of Weld lit . The foregoing instrument was acknowledged before me this �J"-'1 day of September ,1975 ,by Thelma Klein, a single person My e%ciicniotrexp'ks i- Wittche my hand ancligficial seal \q fp�+i`lp';`rcc6xPiree / (` r PSIL nueo�,.,.a CQ pnv natural aa.onn ,,f/ .M.M ua wrw u+rot in �n» .uo rn i i a..9 o..n w:n"or-' r w ..vm.� .r.rdnar..mn,.c+ uy a ics cot. D.n,a e� . ..r.,rv"nil.a m."m»n nam.nr.n.�ona�.r.,�on�an °ie:i sn.m.nr nn own onPnn,i.,m Na.893. um,t..w ns. � n on.,, ,r..u e4r.0 as a...J.9 MI-,-n i -nw,ni PohIW W Company.rrr,Stoat 6u.,,,Dermal.Wanda I 1 751 ' m.aa.e a _all o P 0CT 281975 a.4 Na 16'73272. s. L. s,++., i,., m.ro,e. erg-I r,y,(,J • INSTALLMENT CONTRACT Li F t I HIS CONTRACT, made and entered into this 20, of i I , 1975, by and between ROBERT C. STEPHENSON, a'single - - person, hereinafter called Seller, and ALEC LEROY LEAVITT and e H JANICE E. LEAVITT, not as tenants in common but in joint tenancy, . rt .a - the survivor of them, hereinafter called Purchasers, . "' WITNESSETH, - ti In consideration of the sum of 618,000.00 in the form of co r.'-' a personal check and certified funds in.hand paid by the purchasers - r I 0 to the seller, as part payment for the hereinafter described prop-` i erty, receipt of which is hereby acknowledges and in further con- sideration of the mutual covenants hereinafter set forth, it is . ! 1 - agreed and stated as follows: .I 1. In accordance with the terms and conditions herein- . after set forth, seller agrees to sell and purchasers agree to I buy the following described real property situate in the County d • of Weld, State of Colorado, to-wit: • Part of the SW1 of Section 22, Township 6 North, ! Range 64 West of the 6th P. M., described as 111111{ follows: Beginning at the Southwest Corner of Section 22, and considering the West line of the • 1 South one-Half of said Section as bearing North 00° 19' 14" East, and with all other bearings ' contained herein being relative thereto: . thence •!j North 00° 19' 14" East, along the West line of 1 the Section, 1358.19 feet; thence South 89° 58' • 45" East, 2,374.16 feet; thence South 03° 43' 06" I East, 1,331.38 feet to a point on the South line of said Section 22; thence South 89° 19' 59" West, ? 2,468.27 feet along the South line of said Section - ]fi • 22 to the Point of Beginning, containing 74.679 acres, more or less; together with 13 acre foot i units from the works of the Northern Colorado Water Conservancy District and one share of the capital stock of the Larimer and Weld Irrigation . { - Company, and together with all other water rights - - and rights to the use of water and rights of way and easements for irrigation ditches and canals used for the irrigation of the above described property; together with 3 shares of the capital • stock of the Owl Creek Supply and Irrigation Com- i parry, 3 shares of the capital stock of the Decker Lateral Company and 3 shares of the capital stock -• _ ' of the Graham Lateral, Inc., together with kitchen range, all floor and window coverings in the house,' . - • 2-extra rolls of carpet in the living room, one propane tank and one stud colt, EXCEPT floral drapes, f with all rights of way and easements appurtenant thereto, •and _ improvements thereon and all fixtures of a permanent nature, if j 4 �:.XJY 751 1673272 sa any, in their present condition, known as Rural Route 1, Box 125, Gill, Colorado, 80624. Seller to pay 1975 taxes payable in 1976. Price to include one domestic water tap in the North i Weld County Water District and one cattle squeeze chute on said property. 2. Concurrently with the execution of this installment contract, the parties have executed an escrow agreement incorpor- ating the terms hereof, with the United Bank of Greeley, Greeley, - - Colorado, a corporation, as escrow agent, and the seller has exe- cuted i and delivered to said escrow agent a warranty deed conveying the above described property to the purchasers, which deed is to be delivered to the purchasers on the following terms and condi- tions: Upon payment of the balance due hereunder by purchasers to seller in accordance with the terms hereof. 3. Purchasers agree to pay to seller as the full purchase price for said property, the sum of $87,000.00 payable as follows: - ` $18,000.00 hereby receipted for and the balance of $69,000.00 to- ' gether with interest on the unpaid balance at the rate of 8 per- cent per annum payable as follows: $920.00 January 15, 1976, which represents an interest payment from the date of closing up to De- cember 31, 1975; 86,000.00 January 15, 1977; $7,000.00 January 15, 1978 and $8,200.00 on January 15th annually thereafter with payments so made credited first to interest and the balance to principal, with the unpaid principal and interest due and payable June 1, 1983. From and after the closing date, purchasers shall pay all ,taxes and assessments levied on said property except taxes for special improvements now installed. In case of the failure 'of the purchasers to make such payments when due, the seller may pay such taxes or assessments, and all monies thus paid, with interest there- on at 8 percent per annum, shall become so much additional indebt- edness under the terms of this installment contract, or seller may declare a default as provided in paragraph 8. - • '4. Payments shall be paid into an escrow account to be i set up at the United Bank of Greeley, Greeley, Colorado. Purchasers reserve and are granted the privilege of payment in full at any time - I -- without penalty. In that connection, attached hereto and made a l I , DOCK 751 16'73272 part hereof by reference is a copy of the escrow instructions ji to be given to the United Bank of Greeley, Greeley, Colorado. 5. Both parties acknowledge that the seller has here- with delivered a title policy commitment at seller's expense showing merchantable title in seller, and further agree that the warranty deed to be placed in escrow shall convey said property free and clear of all liens and encumbrances except rights of way and easements created and evidenced by instru- ments of record or established on the premises, reservations, - � exceptions, covenants, conditions created and evidenced by in- struments of record, oil and gas leases of record. Also sub- ject to zoning and land use restrictions and building, plumbing . and heating code restrictions established by resolution of the County Planning Commission and Board of County Commissioners. 6. The oil and gas lease dated May 1, 1970, between Harrington Land Co., Lessor and T. S. Pace, Lessee, shall be assigned to purchasers insofar as it affects the above described lands only; however, it is specificially agreed that the 1974 lease rental payment thereon shall not be adjusted. 7. Purchasers are to have possession of the grass grow- ing on the above described property as of the date of the closing of this transaction and possession of the premises shall also be delivered at that time. 8. In the event of default by purchasers under the terms of this agreement, seller may give written notice of such default tto purchasers, and if said default is not corrected within 30 days of such notice, the escrow agent shall redeliver said deed to seller upon receipt of the affidavit of seller (1) that such default has - occurred, (2) that notice has been given, and (3) that said de- fault has not been corrected. Upon receipt of such affidavit by the escrow agent, the interest of the purchasers shall be forfeited; and the seller shall be entitled to immediate possession of the premises and may retain all monies paid by the purchasers as liquidated damages, t 7 _3 l f . ,1 K . • sal • 1673272 LS-4 �' • r . • 9. It is understood that purchasers do not assume the = 1 prior encumbrances on the I ' property, and that seller shall make $. '. all payments thereon as they become due and owing, and shall fully discharge said encumbrances prior to or simultaneously t. l with delivery of deed to purchasers. In case of failure of - _" seller to make such payments as they become due, purchasers % shall have the\right to make such payments and to deduct the ' .- amount thereof frpm the installments due and owing the seller . hereunder. 10. Purchasers shall not make any major alterations • or additions to said property without first obtaining permis- ' t sion of seller, which permission shall not be unreasonably with- • • held. All expenses incurred in making alterations, additions - 4- or improvements to said property shall be promptly paid for by t purchasers. Purchasers shall keep the premises in a good state of repair during the term hereof. ' , - 11. Seller agrees to build a post fence with three strands -'.. of barbed wire commencing at the corner of the black top road be- tween the ditch going East to the first corner of the irrigation t road on the above described property within ninety (90) days from the date hereof. THIS AGREEMENT shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and as- signs of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto sub- scribed their names the day and year first above written. f Robert C. Stephenson a single person, Seller ec Leroy L tt, Husb n 3auice K.Leavitt, W fe _. rchasers I . 1 • , " 751. • 16'73272 i .$ 5 I STATE OP COLORADO .) ) ss COUNTY OP WELD ) j The above and foregoing instrument was acknowledged before . me this .4 day of 0 c'&JttL , 1975, by Robert C. Stephenson, a single person, Alec Leroy'Leavitt and Janice E. , 2. avitt, Husband and Wife. n.:1;14. 05i ,0 N :' WITNESS my hand and official seal. `ti.� '°' My commission expires: M_�(_,/ jar /779 Notary Public • • . • • • • . • . • • • • • 1. • . N v e0'4 o ' o2 e�esse .� h' FEB 281977 a.c Na_1'712417 Me,y Ann Mark Reset -/ I, 1 a. I 1 I P 1 INSTALLMENT CONTRACT t- • z H �(,� r THIS CONTRACT, made and entered into this m251- day of Gait,4-4,7 m 1971, by and between ROBERT C. STEPHENSON, a single person, hereinafter s called Seller, and ALEC LEROY LEAVITT and JANICE C. LEAVITT, not as tenants • p in common but in joint tenancy, the survivor of rhea- Ae,-tn•se s- a-1rs• •O Stay Documentary Fee Purchasers, o Dda FEB 281977 VI TN ESS ET H. 7/. 70 In consideration of the sum of $25,840.00 in the form of a $1,000.00 cb e4 N cO personal check and $21,040.00 cashiers check in hand paid by the purchasers t to the seller, as part payment for the hereinafter described property, receipt of which is herebyacknowledged and in further consideration of the mutual covenants hereinafter set forth, it is agreed and stated as follows: 1. In accordance with the terms and conditions hereinafter set forth, seller agrees to sell and purchasers agree to buy the following described real property situated in the County of Weld, State of Colorado, to-wit: A tract of land located in the Sy of Section 22, Township 6 North, Range 64 West of the 6th P.N., Weld County, Colorado, being more 4. particularly described as follows: Beginning at the Wk Corner of said Section 22 and considering the H.1° North line of the Sy of said Section 22 as bearing North 89'47'07" East, with all other bearings contained herein relative thereto; Thence North 89'47'07" East, along the North line of the,Stf of said Section 22, 2765.54 feet; Thence South 00'00'00" West, 1264.20 feet; Thence North 89'58'45" West, 2772.53 feet to a point on the West line of said Section 22; Thence north 00'19'14" East, along the West line of said Section 22, 1252.85 feet to the point of beginning, containing 80 acres, more , or less; together with 12 acre foot units from the works of the Northern Colorado Water Conservancy District and one share of the capital stock of the Latimer and Weld Irrigation Company, and to- gether with all other water rights and rights to the use of water and rights of way and easements for irrigation of the above described property; together with 3 shares of the capital stock of the Owl Crtek Supply and Irrigation Company, 3 shares of the capital stock "f r ,bor lateral Company and 3 shares of the capital flock of the :raham Lateral, Inc., together with all flaar ani •+tndnv cover- ings in the house,one cattle oiler, and all fences and corrals, with all rights of way and easements ap purtenant thereto, and improvements thereon and all fixtures of a permanent nature, if any, in their present condition, known as 32480 Weld County Road 55, Gill, Colorado, 80624. Seller to pay 1976 taxes payable in 1977. Price to include one domestic water tap in the North Weld County Water District. Aso 1'722417 2. Concurrently with the execution of this installment contract. the parties have executed an escrow agreement incorporating the terms hereof, 7, with the United Bank of Greeley, Greeley, Colorado, a corporation, as escrow agent a warranty deed conveying the above described property to the purchasers, 1. which deed is to be delivered to the purchasers on the following terms and conditions: Upon payment of the balance due hereunder by purchasers to seller in accordance with the terms hereof. 3. Purchasers agree to pay to seller as the full purchase price for said property, the sum of $117,000.00 payable as follows: $22,040 hereby . 2� receipted for, $3,800.00 credit from seller to purchasers for the landlord j (Seller) share of the 1976 corn crop, and the balance of $91,160.00 together , with interest on the unpaid balance at the rate of 8 percent per annum payable as follows: Minimum payments of $6,000.00 on January 15th annually with payments so made credited first to interest and the balance to principal, with theunpaid principal and interest due and payable June 1, 1983. Purchaser; may make payments in exess of the minimun annual payment of $6,000.00 at any time. Such payments would be paid into the escrow account.as per agreement. From and after the closing date, purchasers shall pay all taxes and assessments levied on said property except taxes for special improvements now installed, In case of the failure of the purchasers to make such payments when due, the seller may pay such taxes or assessments, and all monies thus paid, with interest thereon at 8 percent per annum, shall become so much additional indebtedness under the terms of this installment contract, or e seller may declare a default as provided in paragraph 8. • 4. Payments shall be paid into an escrow account to be set up at the United Bank of Greeley, Greeley, Colorado. Purchasers reserve and are granted the privilege of payment in full at any time without penalty. In that connect is — ion, attached hereto and wads a part heroef by reference is a cope of the coerce instructions to be given to the United Bank of Greeley, Greeley, Colorado. 5. Both parties acknowledge that the seller hes herewith delivered a title policy commitment at seller's expense showing merchantable title in seller, and further agree that the warranty deed to be placed is escrow shall convey said property free and clear of all liens and encumbrances except K , t.,...,.,.ti, 60°4'790 _ 1712417 ' • e 3 v.3 E 'I 14, I1 rights of way and easements created and evidenced by Instruments of record I1 or established on the premises, reservations, exceptions, covenants, f i •. endu- I ions created and evidenced by instruments of record, oil and gas leases of i record. Also subject to zoning and land use restrictions and building, ., plumbing and heating code restrictions established by resolution of the County Planning Commission and Board of County Coamieeion and Board of ([! ' County Commissioners. 6. The oil and gas lease dated May I, 1970, between Barrington 4j ! Land Co., Lessor and T. S. Pace, Lessee, shall be assig ned to purchasers kt insofar as it affects the above described lands only; however, it is specif- pi; i icially agreed that the 1976 lease rental payment thereon shall not be {FI adjusted. { - 7. Purchasers are to have possession of the grass growing on the i I� above described property as of the date of the closing of this transaction !:I and possession of the premises shall also be delivered at that time. The j seller warrants that the above described property is free of any crop less, a arrangement or agreement. I 8. In the event of default by purchasers under th,s terms of this i agreement, seller may give written notice of such default to puree uen, and { if said default is not corrected within 30 days of such notice, the escrow . }} agent shall redeliver said deed to seller upon receipt of the affidavit of i ' seller (I) that such default has occurred, (2) that notice has been given, and (3) that said default has not been corrected. Upon receipt of such affidavit by the escrow agent, the interest of the purchaser shall be for- feited, and the seller shall be entitled to immediate possession of the . 1- premises and may retain all monies paid by the purchaser as liquidated ( damages. 9. It is understood that purchasers do not assume the prior endue- d i brances on tne property, and that seller shall map all payments thereon :a Y 11 they became due and owing, and shall fully discharge said encumb rand++ prior ? A to or simultaneously with deliver y of deed to purchasers, In come of failure i of seller to make such paymen is as they become due, purchasers shall haw the — 7 right to make such payments and to deduct the amount thereof from the installments due and owing the seller hereunder. 3' t ", 790 ,1'712417 y_y • 10. Porch hall not male any major alterations or additions . to said property without first obtaining permission of seller, which petais- sion shall not be unreasonably withheld. All expenses incurred in making alterations, additions or improvements to said property shall be promptly • paid for by purchasers. Purchasers shall keep the premises in a good state of repair during the term hereof. THIS AGREEMENT shall be binding upon and shall inure to the benefit of the heir., personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names the day and year first above written. Robert Robert C. Stephenson, single person, Seller • ` Alec Leroy Le t, Husband `." °'° J ice R. Leavitt, Wife rchasers STATE OF COLORADO ) ) se COUNTY OF WELD ) • The above and foregoing instrument was acknowledged before emq tbta 9)%f4 day of 3t-#-. , 19 77 by Robert C. ' ...Stephenson, a single person; Alec Leroy Leavitt and Janice K. Leavitt, •;,�. ' • R:Avhp�ld-and Wife. 12i kW' tr --:--4r4-„ WITNESS my hand and official seal. • .Ng commiseton expires: N�l' . 3O /,71 ert.----#434.4.cee Notary Public • Alec Leavitt Recorded Exemption #256 March 18, 1977 Referrals County Attorney County Engineer County Health Jim Muroya New Cache La Poudre Irrigating Company 708 8th Street Box 356 Greeley, CO 80631 Phone 352-0222 352-8134 County Commissioners Agenda Date: April 4, 1977 41 MEMORANDUM Planning Commission March 25, 1977 TO: DATE: FROM: Alec Leavitt Recorded Exemption SUBJECT: Access to building site on Lot A and B both existing and seem to be sufficient . No other engineering problems anticipated by t •' request . 11 v� ��f Gilman E. Olson nfn eta County Ieaitn Department BOARD OF HEALTH VV DAVID WERKING, DDS,GREELEY FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAB,GREELEY DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON, AULT WILLIAM BUCK, ROGGEN 13031 353-0500 DORIS DEFfKE, GREELEY DONALD HERGERT,GREELEY HERSCHEL PHELPS, JR., M.D., GREELEY CLARENCE SITZMAN,GREELEY JOE STOCKTON,GILCREST March 22, 1977 Mr. Gary Fortner, Director Weld Co. Planning Cc mission Centennial Center 915-10th Street Greeley, CO 80631 TO WHOA IT MAY CONCERN: We reconmend approval of Recorded Exemption for Alec Leroy Leavitt and Janice K. Leavitt, Rt. 1, Box 127 A, Gill, Colorado, located in the Si, Section 22, Township 6 North, Range 64 West, Weld County, Colorado. The soils are suitable for individual sewage disposal systems. Sincerely, , l E. Paul, hector Environmental Health Services GFP:dr cc Alec Leavitt ,, m c J FIELD CHECK FILING NUMBER si„�4l - NAME 4/ea LPao!,77' l REQUEST ICJ LEGAL DISCRIPTION � J« Ste , afl - 6 - 4 `/ LAND USE N E // S /r w ZONING N LOCATION 71 n - /V p- - E GO/ w COMMENTS : - D By �. rims RE-256 LEAVITT 446-A6 s3 / v 43-6 v36 SCALE : 1 :24 ,000 43- GO 53B x�a B LSTA PT. SW$ SEC. 22—T6N—R64W SOILS CAPABILITY CLASSIFICATIONS IRR. DRY . 43-B IVs - 43-CD IVe - 53-B IIIe IVe X53-B Ile - 66B-AB IVs IVe J DEPARTMENT OF PLANNING SERVICES •A PHONE (3031 356-4000 EXT. 400 is 915 10TH STREET OGREELEY, COLORADO 80631 COLORADO March 18, 1977 Alec Leavitt Rt . 1 , Box 127A Gill, Colorado RE : Request for a recorded exemption on a parcel of land described as Pt . of the S. of Section 22 , T6N, R64W of the 6th P.M. , Weld County, Colorado. Dear Mr. Leavitt : Your application and related materials for the above described request are complete and in order with the fol- lowing exceptions : 1 . Submission of a letter of explanation detailing the reasons for splitting the property, and 2. Notarized signatures of the property owners on the recorded exemption plat . I have tentatively scheduled the hearing by the Board of County Commissioners for April 4, 1977 at 9: 30 A.M. Said hearing will take place in the County Commissioners ' Hear- ing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be there to answer any questions the Board might have with respect to your application. If you have any questions with regard to this matter, please do not hesitate to contact our office. Respectfully, Ken McWilliams Assistant Zoning Administrator KM/pr Hello