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Home My WebLink About780820.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 366 - MR. AND MRS . DALE McKELVEY. 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 Com- missioners of Weld County, Colorado, at a public hearing held on the 20th day of December, 1978 in the Chambers of the Board of County Commissioners of Weld County, Colorado that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption No. 366, being the property of Mr. and Mrs. Dale McKelvey, described as part of the South one- half of Section 22 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Part of the South Half 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 of said Section 22, and considering the South line to bear North 89°19'59" East, with all other bearings contained herein relative thereto; Thence North 89°19'59" East, along said line, 2468.27 feet to the True Point of Beginning; Thence North 89°19'59" Fast, 1491.26 feet; Thence North 00°12'37" Fast, 2579.74 feet; Thence South 89°47'08" West, 1188.61 feet; Thence South 00°00'00" West, 1264.20 feet; Thence North 89`58'45" West, 398.37 feet; Thence South 03°43'06" East, 1331.38 feet to the True Point of Beginning. Said described parcel contains 81.056 acres, more or less, including a 30 foot road right-of-way easement along the South boundary line, and is subject to any rights-of-way or other easements as recorded by instru- ments 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" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS , the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the ( ✓ 780820 V ^. Board 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 Subdivisicn Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Mr. and Mrs. Dale McKelvey be, and hereby is, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of December, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLO Prote 1 M$ /SrY(Lt._ ATTEST:1)11-7 � Weld County Clerk and corder andClerk to the Boar By/(pen, uty ou y lerk / OVED AS TO FORM: County Attorney Date Presented: December 27, 1978 RECO.PDSD EXEMPT/ON Ng 0801-22- 4- RE 366 LEGAL DESCRIPTION Part of the South Half (S1) 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 of said Section 22, and considering the South line to bear North 89°19'59" East, with- all other bearings contained herein relative thereto; Thence North 89° 19'59" East, along said line, 2,463.27 feet to the True Point of Beginning; a Thence North 89° 19'59" East, 1,491.26 feet; �J Thence North 00° 12'37" East, 2,579.74 feet; / Q d(/ Thence South 89° 47'08" West, 1 ,188.61 feet; IS, /., 14 Thence South 00° 00'00" West, 1,264.20 feet; /t Thence North 89° 58'45" West, 398.37 feet; Thence South 03°43'06" East, 1,331.38 feet to the True Point of Beginning. Said described parcel contains 81.056 acres, more or less, including a 30 foot road right-of-way easement along the South boundary line, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE •',,,,,,,,,p4H I hereby certify that this plat was prepared under my s -iSYon;.ant.j hat the same is correct to the best of my knowledge and be e '%_ * 432 =_*_ JASP RE SE li ��• •' et COLORADO .E. & L.S. NO. 4392 fl�l ...0•E Ea;;•• �f FOf.CC O" •nrn„n PROPERTY OWNER'S APPROVAL We, Dale L. McKelvey and Karen A. McKelvey, being the sole owners in fee of the described property do hereby subdivide the same as shown on the attached map. 49art 7 ert yyy �,�r/ �C 227 Dale L. McKelvey �/ Karen A. McKelvey The f regoing certification was acknowledged before me this //t/t day of , A.D. , 1978. Witness my hand and seal. My commission expires: ©SZ0146c. ' O, i 9 iZ Leage.. ii...c.cw Notary Public O PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved for filing. eatirSerizeZ OF COUNTY COMMISSIONERS ATTEST: County al—t4eututni t By • 4clietThVa � •Dated ' 1 fw '� I 17, + 01 _ J 1 \ ' ,geese erinen:i?,7s-4j.a J DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO December 20, 1978 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #366 Dear Commissioners: The attached application, plat and related materials are in reference to a request by Mr. and Mrs. Dale McKelvey for a recorded exemption. The parcel of land under consideration is described as Pt . S3, Section 22 , T6N, R64W of the 6th P. M. , Weld County, Colorado. This property is located 1/2 mile north of the unincorporated Town of Gill, Colo- rado. The property contains approximately 81 acres of Class IV irri- gated soils. The request is to split the property into parcel of 5. 809 acres and 75. 247 acres. The McKelveys are in the process of exchanging their present 81 acre unit for a larger, more productive agricultural unit enabling them to better utilize farming equipment and labor. The exchange is with South Platte Farms near Kersey, Colorado. South Platte Farms intends to sell the McKelvey property in the future. The prospective purchaser has indicated he will continue agricultural use of the 75.247 acre parcel . He has also stated in a letter dated December 14, 1978, that he does not need the existing improvements as he has a set of improvements on each of the farms that he owns at this time. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be approved for the following reasons: 1. The request conforms with the intent clause of the recorded exemp- tion procedure (Section 9-2 of the Weld County Subdivision Regu- lations) , the intent clause of the Agricultural Zone District (Section 3. 3 A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the uses will be compatible with the surrounding agricultural uses. The request will allow agriculture and related uses to be the predominant land uses. There will be no reduction in the amount of land currently being used for agricultural production at the present time. Board of County Commissioners Page 2 December 20, 1978 2. This request complies with the providions of Section 9-4 A. of the Weld County Subdivision Regulations. R _pe. ' fully, deC Thomas E. Honn Zoning Administrator TEH/csd APPLICATION FOR RECORDED EXEMPTION ?HONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT"S51.- USE ONLY : E CASE NO . - J J V APPL . FEE ,�D C _ ZONING DI TR CT '�\� 00A RECORDING FEE . °% DATE 1\ RECEIPT Q � RECEIPT NO . (I APPL . CHECKED BY cc TO BE COMPLETED BY APPLICANT : (Print or type only except for required • signatures ) : I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : Part of the South IL,lf (S _1 of Section 2' , iovnship 6 North , Range 64 West of the 6th 1'.M. , County, C„l, rndo , being more harticolarl ': described as follows: Beginning at the Senthvest Corner of said Section 22 , and considering the South line to bear North `;'.t' 19 ' 59 ' bast , with nlL other hearings contained herein relative thereto ; Thence North SS'P I9' 5'i" !.nst , along said line ,, 2 ,=,63. 27 feet to the '[rue Point of Reg inning ; ng ; thence North .4V° 19' 5v" East , i ,=.91 . 26 feet ; ; Thence ;forth 011' 12' 17" East . 2 , 579. 74 feet ; Thence South h ° ".7 ' U8" Nest , 1 , 188. 61 feet ; Thence South Ot r.iI'il'J" Nest , , 'h . 20 fort ; Thence North 49° 5li' : '.:eat , )95. 37 feet ; Thence South 11 ° - 1 '0 " Ti-,: , 1 , 131 . 38 feet to- the '!roe Point of Beginning. Said describe,' ,,arch cent.: iis 11 .056 acres , more o, ;i.ss , including a 30 foot road right-out r ,i - alcg the South boundary y line , and is subject to any r,bis u7 e.. . � , �,..., _., recorder'. by in Ln:,"nts of record or as 'now existing on r:ai. 0..'scr- i ., .2 pnr el of land . FEE OWNERS OF PROPERTY : Name : Dale L. & Karen A. McKelvey Address Rt. 1, Box 124 _ Phone Name : Address Gill, Colorado Phone Name : Address 80624 Phone WATER -SOURCE FOR : Lot "A" NWCWD ; Lot " B" NWCWD TYPE OF SEWER FOR : Lot "A" septic ; Lot " B" Septic PROPOSED USE FOR : Lot "A" Tract ; Lot " B" Farm I hereby depose and state under the penalties 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 . AzA 7,/c;-o, COUNTY OF WELD ) • STATE OF COLORADO ) • c e • Signature : Owner or Au ' orized Agent Subscribed and sworn to before me this / 4A day of (/ tV l9_/ • SEAL • Lifett& itt..t.e..4,---i Notary Publ c Oa a0/. /vraz My Commission expires : C , ,� -,,...1/4. \ ri t, " , }- \-:) :? `-\\ i i V � a't _-rc `, w v it i 1 pw \.: x to v. -. J._ r 4�e -.rtvv r r - P.. - - c y X699 a i• 441,185 440 P..# �, I , ti �_�, x� I� rl. "1,404,7444 1/4. '1/2k,# i. I 'z') 4a:01 frefr N t4. I.. D# Sn '\ Pi tt 16 ` ` . } M\ C ',0%,\, i 1/4 f 11 L's Il a S. ALL-.•,..., iY� .-= 6 A, 4 Iw r i k.., 44 i. .w` 0 m / i. - ei kxs�R�r^sr.NnnRWrw t4 2 t 9 H ` J M W �, ti I �u v w . r • , t,: o f 1 *Tub P a d I 'r." � t ad � � "' { '! I 's �' i �' a \: it k S� r fa r 26 w p 7 fat 'i4 •y p , i: _ - 1 wl mod.. • 3� � j e ,� 1q �5 I�� -_ �r. 17248 I i i isto n 648'. 6 a I V , a •4 1 WHEELER REALTY COMPANY- t331 OEM AVENUE PHONE 1303, 356-1331 GREELE3 COLORADO 80631 November 2, 1978 Weld County, Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Recorded Exemption, Pt. of the S12 Sec. 22, T-6N, R-64W of the 6th P.M. , Weld County, Colorado. Dear Sirs: In reference to the above-mentioned recorded exemption, Mr. and Mr. Dale McKelvey are in the process of exchanging their present (the above) 81 acre unit for a larger more productive unit enabling them to better utilize their equipment and labor. The exchange is with South Platte Farms near Kersey, Colorado. South Platte Farms intends to sell the McKelvey property in the future. Hopefully as shown on the recorded exemption plot as attached. The 81 acres is not a self-sustaining unit and will be much more easily marketed as two parcels. The Lot "A" as projected as one unit and Lot "B" hopefully to a local farmer wanting to expand an operation. Sincerely yours, WHEELER REALTY COMPANY % 17jJa1 ) >%,i. 7 T. S. (Tom) Cg3'lins, Jr. , AAgent for McKelvey' s and South Platte Farms TSC/jb Enclosures NOTICE: I am also a partner and part owner in South Platte Farms wh lca1 is a limited partnership. JOHN R P WHEELER. REALTOR • MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS - AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS J The Prim form = ed portions of this approved by the Colorado Rev (SC-24-1-11)al - .CEIPT • TAND OPTION CONTRACT Estate consion Isc-24-71a (FARM AND RANCH) —Greeley- Colorado December_19 ---------, ts78 RECEIVED FROM Allen A. Ehrlich ---- _ Purchaser las joint tenants'1, the sum of S 500.110 in the form of __ note _—_to be Held by John R. P Wheeler broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the_ ---- —.---- ____ d County of �`te _ , Colorado, to-wit: See Attachment "A", a part of this contract. Shown as Lot "B" on said Attachment "A". with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises, except as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as --- --__—_ which property purchaser agrees to buy upon the foa:owing terms and conditions, for the purchase price of S 90,0_00.00 ,payable as follows:S 5QOLQ0 he•by receipted for,S 891500_00 tobe_paid in cash at the time of closing. 1. If a note and trust deed or mortgage is to he assumed,the purchaser agrees to pay a loan transfer fee not to exceed S _— 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 2. Price to include the following personal property: 11 shares capitol stock of the Owl Creek Supply and Irrigation Company, 1§ shares capitol stock of the Lariner and Weld Irrigation Company, 11 shares of the capitol stock of the Decker Lateral Company, 11 shares capitol stock of the Graham Lateral Company. 15 acre feet of Northern Colorado Water Conservancy District Waters. to be conveyed by bill of sale at time of closing in 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 4. The following fixtures of a permanent nature are excluded from this sale: - none 3. An abstract of title to said property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,at seller's option and expense,shall be furnished the purchaser on or before —.Januar_IL15—_ _,_. __. 1973 __ 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. 'Strike if not applicable Form SC 24-7'11 Pacrrsz ORAL v..e_15HiNC CORP.. 122 SAL_ca:VE, SAN RAFAEc CA TF .,jA r,q-_z W ORPORa71on • 4. Title shall be merchantable in the seller. Subieect to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient __ gene L.a„1__ __ —_warranty deed to said purchaser on Febrµaxy.2$_ 19 79, • or,by mutual agreement,at an earlier date,conveying said property free and clear of all taxes,except the general taxes for 1979,payable January 1. 198Q., and except ; free and clear of all liens and encumbrances except: none - • and except the following easements:hOSe of record as Of the date of this contract, • • and subject to building and zoning regulations and the following restrictive covenants: Any encumbrance required to be paid may be paid from the proceeds of this transaction. 5. General taxes for 19 79 ,personal property taxes, prepaid rents, water rents and assessments, X3W4D0OSCXxx➢o uta lidetk if any, and ---- shall be apportioned to January 1, 1979. Interest to be prorated to the date of closing, with respect to the growing crops the seller and purchaser agree as follows: Seller to retain any 1978 crop income.. 1979 and all future crop income to the purchasers. 6. The hour and place of closing shall be as desggnated by idheeler_Pea1 ty._CompanX 7. Possession of premises shall be detrvered to purchaser on Date of Cr-sing subject to the following leases or tenancies: none • 8. The risk of toss 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 mprovements which will compensate 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 enitted to said crops as provided in paragraph 5 and such party shall be entitled to the insurance proceeds._ _ 9. Time is of the essence hereof and if any payr:ent or any other condition hereof is not made,tendered,or performed by purchaser as herein provided,then this contract shall be null and void and of no effect,and both parties hereto released from all obligations hereunder,and all payments made hereon shalt be retained on behalf of the seller,as liquidated damages. 10. In the event the seller fads to approve this instrument in writing on or before__Decenbet_14__._. 1978 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 the 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 shad be returned forthwith to purchaser upon return of the abstract,if any,to seller;provided,however,that in lieu of correcting such defects, seller may. within 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. 11. Additional Provisions: This contract subject to the purchasers obtaining a loan in the- amount of $58,500.00. Said loan to be for minimum term of 15 years, interest rate not to exceed 9 3/4%. If said loan is not obtained, this contract will be null and void, with earnest money returned to the purchaser. 12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of said parties. Wheeler Realty Com Purchaser ate By: //j/j Agent � any Purchaser Date s-/.,'%//"` Seller approves the above contract this day of necember. 19_.7$and agrees pay a commission of 6 % of the gross sales price for services in this transaction, .J agrees that,in the event of forfeiture of ayments made by purchaser,such payments shall be divided between the sel is broker and a sells ne half hereof to said oker,but n exceed the coin slorJ!/and th balance to the seller. • SEllerSeller Purchaser's Address • _ • Seller's Address • _ es1 Form SC2a-7-tl -. - 4---;10.trevo.e.orz) E;, ,I PPiOA Ala a ATTACHMENT "A" S B9`A7'JB .7OB 6i ' .. • 0 ili % a,) N ti � t, • u Scoff:/ .1�' 8 . o C,, o . ® _,,;.0 smote/ a _ '.e z&c .,--Pj_e-era/ t ne. 37' r ,nor S ' } 7.51247t ,4r,CeS N - 1GT v.4 A l i SA/ Cci SK 22 r p >6n/ , R-G4 "/- 1 ''-.-•S' F.' i iA9'/9✓9 er //79-e/ cc-A"/C6 Ka27.0Id) — — — _ 1. - ;:::717:2;a.-- --�� —. \---t-- - :F' / S>- i e- S2- '7 Net r, aE PD/A r i or BEG/NN/No • (J n . L.'.« 2 f ,4 a/P., A vV/r ke/rey 2 2 2 Z 3 �.. ' c'/o_ x'0624- �/L.-¶ `. I • <or LOr a _,�7j - .� / z - - _-'---- Purc aser ✓ -- ;i ZG Yd - T'T7T TT • Seller /NBsce<99,1 •et:n /PECO#DSD EXE"M.°/7O/Y /V± 0801- 22 - 4 - R E 366 s£9'47 oB-Ay". //BB G./ ' ' 0 li a RI N oo n kl 6 % • -/Pin�se,/ 398.37' ((( 1 2O' 8 ' 0 b 75. 247 * ,4C.PES' M l h 'v g ,✓.9a ao.�i.! ti £G/00' ,CDT • S, to t, h0 1/41 ,8 pe/Nr Of Bi6///N/W" LBo9z' k S4/ for Svc 22 AtR6S o S rem, R-6¢i•✓• 1\ !/2.05" } 4 i✓B9i9S9! //79.2/' �..P/6616a%Po a✓.) \Li, .,29'49"S9"E } 4 /99/.26' 2468. L7' r�PU6 PO/NT of BEG/NN/NS ""r. • • e IG t5 IQ c..R{. as \J l I It / �I Ow.vXeS.. r I� 41 7x7/ . si,4 /Fn A. Mt As/rey 21 r 22 li �A �!/ Boc /2¢ 3i 23 G.//, Co/o- BO62¢ 0.e I par .4' • I Sao/:/=tam' Oar 4 b i ...PA a6 28 27 24 !-/C/N/Tl— AlAP gireSe eigrneenn.91 December 14, 1978 Weld County, Colorado Department of Planning Service 915 10th Street Greeley, CO 80631 Attention: Ton Honn Reference: Pt. S1, Sec. 22, T-6N, R-64W of the 6th P.M. Weld County, Colorado Dear M.r. Honn: In regard to the above mentioned property of which we at this time have an option to purchase on, we do not need the existing improvements as we have a set of improvements on each of the farms that we own at this time. Our main improvements are located on the N'INE' Sec. 10, T-6N, R-64W of the 6th P.M. which is approximately three miles from the above listed property. Sincerely yours, .eery �' • �. �� ,V�32027??c C 57: a 4C,,9116 O s J evsi co 68195+1 \� h. 4' BOARD OF DIRECTORS : �� ERNEST TIGGES O'S" NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE e~t v. HIGHWAY 85 LUCERNE, COLORADO 80846 GARY SIMPSON a Pi , ' TOM REED t 1,'4ir LYLE NELSON, MGR. • PO. BOX 58 - PHONE 356-3020 November I , 1.978 RE: Water Si,rvii•o Tun Collins Dear Sirs: This letter is in response to 1otir inquiry regarding water service to the following described property : Sec. 22-6-64 I . Water service is presently being provided to the above described property . 2 . X Water service can he nade available to the above -- described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void. Additional comments : Sincerely , NOR'T'H WELD COUNTY WATER DISTRICT i L le D . Nelson, Manager LDN/rr • 0'4773 Recorded at „7 _._...o'clock ,7_M., AUG 5 1976.. ... __.. .._. . , .9ar]4rJ O Reception No.... ib MARY ANN fil1LR.STLIN Recorder. K . • INSTALLMENT LAND CONTRACT— LAND : (Buyer pays Taxes and Insurance) • Caf: THIS CONTRACT made and entered into this 2nd day of August , 1976,by and between_- GILL LAND ASSOCIATES, • .rs artr l enera hi .a g D D hereinafter called Seller, and_ DALE L. 14cKELVEY and KAREN A. MCKELVEY e tv hereinafter called Purchaser (as Joint tenants with right of surNwrehlp•I. N tVITNESSETH: In consideration of the rum of 327,500.00in the form of certified funds In hand paid - by the perchacer to the seller, as part payment for the hereinafter described property, receipt of which Is hereby 0' acknowledged 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 purchaser agrees to buy the following described real property situate In the _County of Weld , State of Colorado, to-wit, as hereinafter set forth in Item 10 t. State Documentary Fee DAUG --_51976 with all rights of way and easements appurtenant thereto, an improvements thereon and all fixtures of a permanent na baro, If any, in their present condition, known as number Route 1. Box 124. Gill. Colorado. 1"1-"R- AO6A4 sub)ect to the following encumbrances: none. Price to include: a 500 gallon propane tank and water rights as set forth in Item 10 and a domestic water tap in the North Weld County Water District. • 2. Concurrently with the execution of this agreement, the parties have executed enescrow agreeme•t incorpo- rating the terms hereof, with The Home State Bank, Loveland, Colorado _ a corporation, as escrow agent, and the seller has executed and delivered to said escrow agent a warranty deed convey- Ing the shove described property to the purchaser, which deed la to be delivered to the purchaser on the following terms and conditions: upon payment of the balance due hereunder and compliance with terms hereof, and also the four water stock assignments being placed in escrow shall ale bshall4$., to 9. �rc d secvepay seller as the full purchase price for said property the sum of 3 QS 000 00 •- ! ' payable as follows: $ 27,500.00 hereby recelpted for; The balance of $57,500.00 , together with interest on the unpaid balance at the rate of 8 per cent per amen, I.ann_aral installments of not less than $ 7.886.00 .S� per year , Including interest, beginning on the2nd _ day of August Is 77 and on the 21d day of_ each August thereafter until principal and Interest have been paid in full. Entire balance of principal and interest shall be due and payable on or before Autuet 2 , lit 83 , if not previously paid, in a lump sum final payment. From and after closing date purchaser shall pay all taxes and asseeementa levied on said property eunept taxes 4. for special Improvements now installed, in cane of the failure of the purchaser to make each paymtipte when doe, the seller mse per each taxes or asesesmente, and all moneys thus paid, with'Interest thereon at tl 'l per ®am, shall become a much additional tndebtedneee under the terms of this cortraot, or caller may declare a detail as provided in paragraph S. • Strike if not applicable. (NOTE: Any assignment of this contract must be accompanied by a new escrow agreement, escrowing a deed of the assignor to the assignee with the escrow agent, to assure a proper chain of title.) No. ILC 52-7-il —1— yy. r �a 'I 1 ' w i••r, 1< \e} 11 r f ♦ t a ' �• r i 1 �,"`w 1� r+,fJf r t•7 '. � f rr .... '1 s✓; 4MN t',•-•.t I .,.11 • ' , ` `. ' r M'..ta • I • Ye ;'�:;1R•rk s y. . J • r� r r Au. .t a f. • • .. .,r d r Y 4� r .•t . r b`- '7e73 1695405 4. Payments shall be applied first to Interest, and then to principal. Purchasers shall have right of ' D r g payment as hereinafter set forth. In the event of any prepayment, this contract shall nbt be treated as In default with respect to payment so long as the unpaid balance of principal and Interest (in such case accruing interest shall be treated as unpaid principal) Is less than the amount that said indebtedness would have been, had the periodic payments been made as first specified above. • 5. Poeeeseion shall be delivered to purchaser on closing_and signing of this agreement. g. In the event of default 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 w1th1r60 days of such notice, the escrow agent shall redeliver said deed to seller upon receipt of the affdavit of seller ill that such default has occurred,(2) that notice , has been given, and (31 that said default has not been corrected, Upon receipt of such affidavit by the escrow agent, • the interests of the purchaser shall he forfeited, and the seller shall he entitled to immediate no of the prem- lees and may retain all moneys paid by the purchaser as liquidated damages. 7. ft Is understood that purchaser does not assume the prior encumbrancer t a property, and that seller shall make all payments thereon ae they become due and owing, and shall fully dP •arge said encumbrances prior to or simultaneously with delivery of deed to purchaser. In case of failure of e...er to make such payments as they become due, 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. •. ' e. Purchaser shall no', make any major alterations or additions to said property without fret obtaining per- t.^•, mission of seller, which permission shall not be unreasonably withheld. All expenses incurred In making alterations, 4't... . additions, or improvements to said property shall be promptly paid for by purchaser. Purchaser shall keep the prem- ises in a good state of repair during the term hereof. • Additional Provisions: as set forth In Items 11 and 23, which are included and made a part hereof. • IN WITNESS WHEREOF the parties have hereunto set their hands and seals. • . APPROVED August 2 , 1976 API...ovED ; •. - , / . '19 T6 Le. a r.�McKe •e c . W liama,ellsr Kar-n A. McKelveyurchaser at. • Partner Route 1, Box 124, Gill, Colorado, 80644 " • + Purchaser's Address •'r• n . Seller's Address _ 745 N. Lincoln Avenue, Loveland, Colorado 80537 STATE OF COLORADO a. COUNTY OF LARIMER • The foregoing instrument was acknowledged before me thin 2nd day of Atdgyft • 'P• 19]_¢, by Gerald G. Williams , partner of Gill Land Associates, and I'^'e L. McKelvey and Karen A. N1rocKelve My cow nlaslm expires: PmhP Z7y_1379 • Witness my bad and oMlrial seal. / - ./Nc{l 't : .:f Nola Public .y .i. liC: LQYELA1 -- — a or eg ti . 'IC; .. t). BY r[ n' ' r y atwe,!..p•INy.t•t^.7nt" )!' ,PR•ti. r-r:' 3{^..R!1�. .v-7Saren r t :'+; 1695405 ADDITIONAL PROVISIONS: ,i` .� Page 3 10. Legal Description: '' A tract of land located in the South Half (Sy) 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 West Quarter Corner (Wk Cor) of said Section 22 and considering ^ �'; `.'' ' the North line of the South Half (51/2) of said Section 22 as bear North 89°47' �" 07" East, with all other bearings contained herein relative thereto;8 �'i Theacc North 89°47'07" fa.L, along Lhc North line of the South Half (Sl) of said Section 22, 2765,54 feet to the True Point of Beginning; Thence continuing North 89°47'07" East, along the North line of the South Half (S1) of said Section 22, 1188.61 feet; • Thence South 00°12'37" West 2579.74 feet to a point on the South line of said .r,• Section 22; Thence South 89°19'59" West, along the South line of said Section 22, 1491.26 feet; Thence North 03°43'06" East, 1331.48 feet; Thence South 89°58'45" East, 398.37 feet; • Thence North 00°00'00" East, ,264.20 feet to the True Point of Beginning, contain- ,fi,,•,. ing approximately 81.056 acres, more or less. TOGETHER WITH two (2) shares of the Larimer and Weld Irrigation Company, two (2) shares of the Owl Creek ''t Supply and Irrigation Company, two (2) shares of the Decker Lateral Company, two (2) shares of the Graham Lateral, Inc., and twenty '. i_ r' (20) units of Northern Colorado Water Conservancy District water to be allotted '• to said lard according to terms hereinafter set forth; Ter-ETHER WITH existing irrigation ditches and ditch rights. � 11. The Purchasers shall have the right to prepay any amount at any time after January 1, 1977, without penalty. 12. The Seller shall furnish to the Purchasers at the time of closing an owners 1 title policy in the amount of $95,000.00 at the cost of the Seller. 13. The taxes for 1976 shall be paid by the Purchasers in January, 1977, when the tax statements are received. 14. Assignments for the various shares of water company stock shall be executed at the time of signing of this Agreement and shall be placed in escrow to be delivered 4 with the warranty deed. )t, The Seller shall pay the assessments and carrying charges for said stock and the c .: Purchasers agree to promptly reimburse said Seller for their share of the assessments and carrying charges. The Purchasers agree to reimburse the Seller for the 1976 assessments and carrying charges, inasmuch as the Purchasers are receiving the land— . I ' lord's share of the 1976 crop. 15. Possession of the property is to be delivered to the Purchasers as of the date of signing of this Agreement subject to that certain Farm Lease of July 21, 1976, between Gill Land Associates, Lessor, and Fred H. Reed and David L. Reed, Lessees, insofar as said lease applies to the above described land, and the proceeds of the • . crops under said lease for 1976 shall go to the Purchasers, except that the cash pasture rental shall be adjusted as of the date of this agreement. Po ion of the improvements is to be delivered to Purchasers as of the date } . of Charles D. Coffey and of this Agreement subject to the month-to-month tenancy'11 Lynette F. Coffey. ' '-*/ 16. At the time of closing, a warranty deed from Gill Land Associates, the Seller, • ' • to Dale L. McKelvey and Karen A. McKelvey, the Purchasers, shall be executed subject to the taxes for 1976 payable in 1977, and subject to easements, reservations, rights- �, of-way of record and existing roads and irrigation ditches and facilities, oil and gas lease and building and zoning regulations and restrictive covenants of record, if any, and such liens and encumbrances as may have been contracted by the Purchasers, which deed shall be placed in escrow and delivered according to terms thereof. • 17. The Seller hereby certifies that the property has been surveyed and agrees to provide such cornerstaking as may still be necessary at its expense. t 'Ms"i 15. It is understood that there are irrigation ditches serving said property and also crossing said property and serving other farms. This property is being con- _ veyd subject to said existing irrigation ditches and facilities and subject to the rights of other farmers and land owners who have rights of useage in said ditches. i\...--- ',tail M�p M3'*..+5{ fir1 ^"1 1.'.T T I P' 1.8R}3,it Co fir', i c4/ r ft, ay} 1 4k I .. .:;14 1 Y+ byr - ttr, ve 1�.' ye i:l1 • .O • '? A• . i:I i 1a '41^✓, h✓ ,fk,1:10 { •` ' '1' r , y d� It. '`1 . ter ,t f }��; , as •).✓a�' `/ i� .. $` f,.LI V� l.' ) , ' ; ,>'p • -.� • J,..1a.I RY4�`.,. *I 4 1r.`;.I 11 aP t �r l 77 3 169S405 -1 q ' ADDITIONAL PROVISIONS: a "J` Page 4 19. It is understood by all parties that there are presently 300 units of Northern Colorado water allotted to the S c�' including the land being sold hereunder, and and is agreedby all f of dparties Section t 22, hat ',r the Seller shall retain title and transfer rights to all of said water, including '„ the 20 units which are being sold under this Agreement to the Purchasers, until .i such time as the Seller, at its option, shall decide to reallot all or any part of said water, and the Purchasers, their successors or assigns hereunder, agree gree ,AN to cooperate and to execute all of the necessary documents to affect the reallot— •s . ment of said Northern Colorado water in whole or in `+,' by the Seller hereunder, part when requested to do so ; ' �% It is further agreed that the Seller hereunder is responsible for the payment ••��1 of the annual taxes and carrying charges against said Northern Colorado water, and Y ' '' , Ova the Purchasers agree to reimburse said Seller for the assessc?nt taxes and carrying +� charges on the said 20 units of Northern Colorado water being F�'•,f ar The Purchasers shall be responsible for the assessments and arng purchased by them. �. , or the full year 1976 inasmuch as they are receiving the landlord's share ofg the es fCrop. 45- 1, 20. All parties acknowledge that they are aware that the Seller, Gill Land 4'4 Associates, presently owes a note and deed of trust secured by lands and water ,ktrights, of which those Included in this sale are a portion, and Gill Land Associates d u anagrees to pay said note and deed of trust according to terms thereof, •r� time will allow said note and deed of trust to become delinquent. If at anytime Gill Land Associates should become delinquent on the payment of said loan, the •b Purchasers hereunder shall have the right to such delinquent i ceive credit against the next maturing installments due hereunder. ThesSeller, Gill Land Associates, further agrees that prior to or concurrently with the final z.i , payment due hereunder, it will pay such amounts as are necessary on said note and a4.,.. deed of trust to obtain the release of the lands and water rights included in this sale and will record said release at its expense. Y+ i 21. The Seller, Gill Land Associates, hereby reserves unto itself one-half (11) of all oil, gas and other minerals on and under said land not previously reserved l,, and the right of ingress and egress to prospect for and remove same and this ?-11reservation shall be set forth in the warranty deed. I The Seller, Gill Land Associates, further agrees to assign a proportiona interaft in and to that certain oil and gas lease dated July 29, 1968, between ( Harrington Land Company, Lessor, and Raymond Chorney, Lessee, which was recorded January 24, 1969, in Book 604 as Recept on No. 1526490, Weld County Records, which was subsequently assigned to Gill Land Associates. The current oil and gas lease , rental shall be adjusted as of the date of this Agreement. 22. It is agreed that during the term of this Agreement the Purchasers shall. be err entitled to a waiver of the ,`principal payments only in any of two years in which `�r a disaster may result in the loss of 60% or more of the current year's crop. 23. The Purchasers agree to keep the dwelling insured in a reputable company fortEltil fire and extended coverage in an amount of not less that $12,000.00. ,�._ );\,../1 a. t ` A-/n ' 2LE , XJ it , i. 4/% I 22 -6 - 61 RE 352 O5 S3 /) act) 668- 53 so H B c 53 8 93 6 9a /43 B S3 B I I 430'Cfr? 1 j X 33-6 OLD No. NEW No. IRRs6AT6D NON •IRRIGATS'D 188 6+ ITs .ae 13 cD 65 ley j3Le vie Is 53 8 5/ ]IL a lye X•53 B 32 it a 151e 53M-AB 37 TLC ire - 53rn-CD 38 Me 3lIe 66 B-AB sb las Qe mEf®RAnDu A 1 W(111111111111e. To Planning Commission) Date November 17, 1978 (w Gilman E. Olson COLORADO From , Utility/Subdivision Administrator Subject. Dale McKelvey (R.E. ) There are no engineering problems anticipated by this request. Lots "A" and "B" have an existing access. 7y Gilman E. Olson Utility/Subdivision Administrator GEO:sar ��,1e 11871 NOV Hip - - RECEIVED I c. wele tout v.C JI flamingtor isslM 7 SD£vA_UFcni, 'Weld County 0 6 th D� nc�nnn of I�rni Ill e(7l I Department Ianl; u.1.=Irr. Ir. r Rr,lnwn VIl r.•q° o rl I',IG Ire 'C IF IAr) .'1•i I I HLICK R+j'I'"' I""^9 blllKl , GMI-ELFY, COI UHHAD° 80121 IImuL Anlr, rn In Yhr A,or ry rR'nl l R,.I n, IF Mu rtnlr.nr: .iv,lranu v,/ Rl ni 4i.1' November 16, 1978 Chuck Cunliffe Planning Services 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption as requested by Dale and Karen A. McKelvey has been reviewed by Environmental Health staff and no apparent conflict with health regulations is indicated. Sincerely, John G. Hall , M. H. , Director Environmental Health Services JGH:dr y. If)" r dY3 th t J FIELD CHECK FILING NUMBER : RE-352 • DATE OF INSPECTION: 11/22/78 NAME: Dale McKelvey REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt . S's Section 22, T6N, R74W LAND USE : N Agricultural F; Agricultural S Agricultural W Agricultural ZONING: N Agricultural LOCATION: 1f mile north of E Agricultural the Town of Gill S Agricultural w Agricultural COMMENTS: Proposed Lot .a contains the existing improvements for the property which includes a house and a couple of outbuildings. There are two existing accesses to proposed Lot A. There is an existing access to proposed Lot B. Lot B appears to have been in agricultural production this year (corn) . It also appears that part of Lot B has been used a pasture in the past . Access to the property is from County Road 66 which is a gravel surfaced County Road. Land uses in the area are all prodominantljr agricultural uses. X RECORDING DATA - MAPS & PLA , NAME OF SUBDIVISION Recorded Exemption i!0801-2z-4-I+E 36___b.___ _ _____._.— Dale L & Karen A Mc Kelvey —____ .- - --- - NAME OF SUBDIVIDER - -" Part of the South Half (S-h-) of Section 22, Township a North, 1Or'ATION OF SUBDIVISION Range 64 West of the 6th P.M. , Weld County, Colorado.__,_ DEC 29 1978 BOOK 855 RECEPTION M 1"y"y"1313 DATE OF RECORDING ��------- MARY ANN FEUERSTEIN MELD COUNTY CLERK AND RECORDER 4 BY: % c DEPUTY COUNTY .LERK & RECORDER Hello