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Home My WebLink About780765.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 341 - SEKICH AND ECHIVERRA AND COMPANY. 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 hearing held on the 11th day of October, 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 number 341, being the property of Sekich and Echiverra and Company, described as part of the East Half of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : All of the Northeast Quarter and all that part of the Southeast Quarter lying North of the Little Thompson River in Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colo- rado, being more particularly described as follows: Beginning at the Northeast Corner of said Section 14, and considering the East line of said Section as bearing South 00°27'42" West with all other hearings contained herein relative thereto; Thence South 00°27'42" West along said East line of Section 14, 2,806.66 feet; Thence South 51°56'55" West, 1,009.81 feet; Thence North 79°46'23" West, 479.70 feet; Thence South 83°30'48" West, 934.92 feet; Thence South 34°56'38" West, 699.73 feet; Thence North 89°29'50" West, 66.47 feet to a point on the North South Center line of said Section 14; Thence North 00°30'10" Fast, along said North South Center line 4,022.58 feet to a point on the North line of said Section 14; Thence North 90°00'00" East along said North line of Section 14, 2,650.77 feet to the Point of Beginning. Said parcel contains 205.662 acres, more or less, and is subject to any rights-of-way or other ease- ments as recorded by instnmients 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 ec -Pe- 675_ 3411 780765 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 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 Subdivision 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 Sekich and Echiverra and Company, 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 11th day of October, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1 ATTEST: U Weld County Clerk and Recorder rd-Clerk to the Bard By y1t`A ,n_-1ti; eputy County' Clerk r 7lPP)AO D AS TO F ;),_ County Attorney Date Presented: October 16, 1978 •QECo.PAED EXEMPT/ON me 1061 - 14-3 - RE 341 LEGAL DESCRIPTION All of the Northeast Quarter (NE'' ) and all that part of the Southeast Quarter (SELL) lying North of the Little Thompson River in Section 14, Township 4 North, Range 68 West of the 6th P .M. , Weld County, Colorado, being more particularly described as . follows : Beginning at the Northeast Corner of said Section 14, and considering the East line of said section as bearing South 00° 27'42" West with all other hearings contained herein relative thereto; Thence South 00°27 '42" West along said East line of Scotia] 14, 2 ,806.66 feet; Thence South 51° 56' 55" West, 1,009.81 feet; �� Thence North 79° 46'23" West , 479.70 feet; Thence South 83° 30'48" West, 934 .92 feet; old •b e Thence South 34° 56' 38" West , 699. 73 feet ; `I Thence North 89° 29'50" West, 66.47 feet to a point on the North South Center line of said Section 14; Thence North 00°30' 10" East, along said North South. Center line 4,022.58 feet to a point on the North line of said Section 14; Thence North 90°00'00" East, along said North line of Section 1.4, 2 ,650. 77 feet to the Point of Beginning. Said parcel contains 205.662 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existion on said described parcel of land . SURVE TIF1CATI: I hereby certify that this plat step, o% AT my supervision; and that the same is correct to the best of my knufli4Ae and belief%% eto �r 43g o'• ! JAS1 E b EE ' ,PJ9T�woyt��0� }� COLOR 0 .E. & L.S . NO. 4392 Of COIORP4, PROPERTY OWNER'S, APPROVAL We, Sekic & Echeverria & Company, being the sole owners in fee of the above described proper % d hereby subdivide the same as shown on the attached map. y _ -221:-C14 C'.--$2•12 k 7 7,„ The foregoing certification was acknowledged before me this _ day of (Cr/./ /, / A.D. , 1978. / °� My commission Expires: Z( i?/ : y- /. Witness my hand and seal. " _ I / + ( ti '1 /"LILT Notary Public PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved for filing. dgaCiltete CHA M . ' i ^ fl%)A1 BOARD OF COUNTY COMMISSIONERS ATTESZ'' ' "' ty'Clerk TA' a. . ! aCOCA) 5.' .Da Led /U//�..-.4 L freest C. 7..y ineeri n p 7A-f,, RECOR!>EP EXEis7 7/!lNiYc' I06I-I4-3 - RE 341 N)/Veoeneej Sec. /1-1-66' NA-Conn et a Sea.//-!•!0 , 650 77' 'rya y000OLE PB'n� O/' ' Cow"Ty 90!''46 s7ro'. /of7J�rfl N SC7leq%44-48 .147 aeltr n St' 4--'0 - �. A, 8 a "—{g) f b ,399. 87�- 'VI -----0,,,„5, 8..,./ aew N.Z6'2229"re a .--Q b Y M z-trzs' itil S.670309/" �d07. 6>' N 6.393999'' A!6:3a39%3"YY, • 7//q' 1 H7/a/f!D"YY { O S 1 o ZOSe 662 t A4res Tota.C e ti eeann e. t f OaTinr� /nc/.•dny 4 execs-r /feat,/P.O.YI! Q o� O /9.?./O' "or B' Acuvrc • /94. 3961 \ $ n t!'/4%'"ri o h 0 //B. 87, sc,94 ./.',6412' 1� ■yo.nFcw.e»/ - y k ® BS.A9• •-/?0Sar I", r /r009X 9:3-6'"Jr (PE /0.-t- '935.2 ? c) (1/4( O,sTaeiro it dew e,n� 0% A.,.A.,. fee '.d of a,' fO,T/ fa.reenen7,' �oS % 9349.Z' s2y�. § h tip- N 44�Ab�b� Si-c-},,,,, Sec/Zan/1-118 b r S3A OYY/YE.YS: P/e Sr/f/CN F,e-C/,/,FYEeq,q/A es-'7' ,icon-4,11/2W7 /YB9°,29:T0'N! ST s' B0A'-27-, 2D2YSM0/Y j CO,IO/T.960 8030/ '. v 1 /// T.ft,v. ✓.,{nr�✓n Vie. R!.46 es,.Men;/,r,:Mild . pa`itk, frV Cor 1 t. 4;‘r1 /1 ''$ /1- ti ' t: ' ,> /3 Thon•Psnn Rau V e r-Sr nir% v/rr �.q%° Ce .e./44 113 ,/teem c-579,neer 1 7J-4/3 I DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO October 11, 1978 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #341 Dear Commissioners : The attached application, plat and related items are in reference to a request by Sekich and Echiverra and Company for a recorded exemption. The property on the recorded exemption has been re- quested is described as Pt . El Section 14, T4N, RG8W of the 6th P.M. , Weld County, Colorado. This property is located 2-1/2 miles southwest of the Town of Johnstown. The property contains approxi- mately 205. 662 acres of irrigated land with Class II , III and IV irrigated soils. The request is to split the property into parcels of 11 . 266 acres and 194. 396 acres. Mr. Jim Davis has a contract to purchase the total 205 acre parcel. Mr. Davis wishes to sell the 11.266 acre parcel with the existing improvements. The balance of the property has no improvements at the present time and will continue to be used for agricultural production. Mr. Davis has indicated in a letter dated August 23, 1978 , that he owns other farms in the area and will rent the 194. 396 acre parcel to one of his present tenants. He has no need for the existing improvements to operate this farm. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons : 1. The proposed split conforms with the intent clause of the Re- corded Exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent of the Agricultural Zone District (Section 3. 3 A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the use would be compatible to surrounding agricultural use. Agriculture and related uses will continue to be the predominant land use. Board of County Commissioners Page 2 October 11 , 1978 2. The Town of Johnstown Planning Commission has recommended ap- proval of this request . 3. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Re: .e fully, homas E. Honn Zoning Administrator • -^ APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . APPL . FEE SO-, ZONING DISTRICT RECORDING FEE _74. t`0 DATE RECEIPT NO . QsS/ Q.ti APPL . CHECKED BY 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 : Approximately 205 acres in the NE1 plus all the land North of the Little Thompson River in the SEA, all in Section 14, Township 4 North, Range 68 West of the 6th P.M. , including 15 shares of Home Supply Water plus all other water and water rights, ditch and ditch rights appertanent to said property. Also a 100 acre foot adjudicated lake. ACREAGE : Lot "A" 11.266 ac. ; Lot " B" 194.396 ac. ; Total 205.662 ac. Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X Are there any existing improvements on Lot A? Yes X No Lot B? Yes No x FEE OWNERS OF PROPERTY : Name : Sekich and Echiverra Address Longmont, Co. Phone Name : Address Phone Name : Address Phone Little Thompson Valley WATER SOURCE FOR : Lot "A"water district ; Lot " B" same TYPE OF SEWER FOR : Lot "A" septic tank ; Lot " B" proposed septic tank PROPOSED USE FOR : Lot "A" residential ; Lot " B" agricultural 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 . COUNTY OF WELD STATE OF COLORADO ) }'— _..-1 . ( ,— Sign ure : Ow4er or Authorized Agent Subscribed and sworn to before me this 1� day of,,Q 1-A . SEAL otter a \ , ` `o Notary Pub ' c a '\`1\1 My Commission expires : 'DAVIS LAND CO. Farm and Ranch Specialists August23, 1978 Weld County Planning Commission & County Commissioners 915 10th Street Greeley, CO Dear Sirs: I have made an application on the following described property for a Recorded Exemption. Approximately 212 acres in the NE4 plus all the land North of the Little Thompson River in the SE', all in Section 14, Township 4 North, Range 68 West of the 6th P.M. , including 15 shares of Home Supply Water plus all other water and water rights, ditch and ditch rights appurtenent to said property. Also 100 acre feet adjudicated lake. Said contract is dated April 20, 1978 I have a contract to sell 11 acres with improvements, subject to County approval. The balance of farm ground is rolling and is hard to flood irrigate. With the money from the sale of improvements I can afford to put on a pivot low pressure sprinkler system. By doing so I will be able to put the water to a much better use. The farm has a small lake on it. I will run my water into the lake and let it settle out, and pump out of it. I own other farms in the area and I will rent the property to one of my present tenants. I have no need for. the improvements to operate this farm. Sincerely, dyutn Ay ames J. ®avis JJD:nk 1221 Eighth Avenue Suite D Greeley, Colorado 80631 353-9900 LITTLE THOMPSON VALLEY WATER DISTRICT DIRECTORS: TELEPHONE 532-2096 DEAN G. ANDERSON 307 WELCH AVENUE LOUIS F. REIN DRAWER G DAVID MCGEE BERTHOUD. COLORADO 80513 E. THOMAS RICORD CAREY J. SALOMONSON MANAGER: LOVILO H. FAGAN August 16, 1978 James J. Davis Greeley, Colorado Dear Mr. Davis: The Little Thompson Water District presently is furnishing domestic water to our tap 482 owned by Sekich & Echiverria in the north east quarter of Section 14, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. The District will be able to provide additional taps to this property upon application and compliance with the rules and regulations of the District. Very truly yours: LITTLE THOMPSON WATER DISTRICT Xv:,4 177 Lovilo H. Fagan, Manager LHF/cg cc: AUG 18 REC'C 4 r :.....„t;‘,,,, b„ETMip.,r 4i43;•.'r •tt i .t a , r K nay 4A,..3y wail A I J , • —( v792 Recorded at_ ., k at, MAR C j 1977 1 p /11L % 1 .r � . 4 v Reception No. r v;N F�UEI;$TElal order. 1� r n 41 Nick Sekich, Jr. and Karen Sue Sekich, Husband and Wife , ' whose addreaa is Box 274, Rte. 1, City of LOnamnnt .t.• County of Boulder , and state of f ll c x Colorado , fnr the consideration of Ten Dollars ($10.0 I. s r-I I N and other valuable consideration IDW4XSeZ,in hand paid, ! t- hereby sell quit py) ei 01) and claim to -I _ ) "e Sexicn and Echeverria Company, a Partnership wboseaddreaaie Box 508, City of Longmont -4- s ti County of Boul'i?r , and State of Colorado ,the following real k property, in the County of Welt and State of Colorado,to wit: I c, NE 1/4 Section 14, Township 4 North of Range 68 West of the 6th P.M., Also all that ' o part of the E 1/2 of the SE 1/4 of said Section 14 described as follows: Commencing at a point on the East line of said land 138 rods N. of the SE Corner of said Sec., thence running in a Southwesterly direction to a point 110 rods N. and 40 rod- W. r . of the Southeast corner or s. ,d section, thence duce West 40 rods to the Hest line of rr said E 1/2 of the SE 1/4, thence North on said West line 51 rods to tae N.W. corner .-; of said land, thence East on the North line of said land to the Northeast corner N thereof, thence S. on the E. line of said land 23 rods to the place of beginning, c containing 22 acres, more or less; Also beginning 70 rods North of the S.W. corner s of the W. 1/2 of the S.E. 1/4 of said Section 14, thence northeasterly to a point • 110 rods North and28 rods( East of same point, thence East 52 rods to the East line of said eighty, thenc_ North 51 rods to the North line of same, thence West along the North line of same to the N.W. corner thereof, and thence S. along the W. line of said land 91 rods to the place of beginning, containing 29 acres, more or less; Also commencing at a point on the E. line of the N.W. 1/4 of Section 14 whence the N. 1/4 , corner of said Section bears N. 0°20' a distance of 933 ft., thence S. along the E. 1/4 line a distance of 599 ft., thence N. 10°45'W, a distance of 300 ft., thence N. 20°40'W. a distance of 400 ft., thence N. 60°55' W. a distance of 255 ft., thence N. 38°0'E. a distance of 50 ft. thence S. 78°10'E. a distance of 155 ft., thence N. 33°50'E. a distance of 58.5 ft., thence S. 34°35'E. a distance of 58 ft., thence S. 58°20'E. a distance of 85 ft., thence S. 32°35'E. a distance of 186 ft. to the point of beginning, containing 2.01 acres, more or less. Together with 15 shares of the capital stock of The Consolidated Home Supply Ditch and Reservoir Company and together with all interest co Schmidt Lake, appropriation date, December 31, 1900, for 8.4 acre feet of storage. • Subject to the lien of a mortgage to The Federal Land Bank of Wichita in the sum of $140,000.00, Executed or to be executed by the grantees named herein, with all its appurtenances Signed this ',Lt/ day of March ,19 77 Hick Sekich, Jr. ' �/� Kar n Sue Sekich ^, _ . e:N., 1L'..-3. c load, 1.....-'- 11 Husband and Wife STATB OF COLORADO, County of 2/ -Ice The foregoing instrument was acknowledged before me this ( day of March /4 , 19 77 , by Nick Sekich, Jr. and Karen Sue Sekich, Husband and We My tom 0tryirlf ,t _ _. Witnee &and•offieial seal elk- 0 f 7 ' ` O Molar arse. D '.. i F f ; w,• :o•0-Onceee.- o•o�o.o„a.o oxo)..e o..0".o.o•o•o•o•o. 4 4 CONTRACT TO EXCHANGE REAL ESTATE 4 (With Valuations) 4 THIS AGREEMENT made and entered into this 20 day of April , i 9 78 , by and t between James J. Davis whose address is Greeley. Colorado , hereinafter referred to as "First Party"and Sekich and Echiverria _. __whose address is_ Longmont, Colorado , hereinafter referred to as "Second Party," WITNESSETH, 1. First Party agrees to convey to Second Party the following described real estate, situate in the City of Greel ey4 County of Weld State of Colorado, to wit: a four-pl ex located at 915 12th Avenuf which exact legal shall be attached and made a legal part hereof. KNOWN As Davis Income Property with,all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature,currently on the premises,except None . • in their present condition,ordinary wear and tear excepted, and the following personal property: all seller has. 4 by good and sufficient General warranty deed (and bill of pale). Said real (and personal) property, fur the purpose of this contract, has a gross valuation of$ 45.000.00 �� . Said property will be conveyed subject to the following encumbrances.which the Second Party (will)yw,li A4/)assume and agree to pay: a $15,000.00 First. Deed of Trust payable, to 'a private party which payments are $150.00 per month and said First shall all be due and payable within 30 months. 4 If en encumbrance is to remain on the property after conveyance, the Second Party agrees to pay a loan transfer fee not to exceed S' N.A. and it is a condition of this contract that the Second Party may assume such encumbrance without change in its terms or conditions except 2. Second Party agrees to convey to First Party the following described real estate,situate in the said County of Weld ,State of Colorado, to wit: Approximately 212 acres in the NE1/4 plus all the land north of the Little Thompson River in the SE 1/4, all in Sectio 14, Township 4 North, Range 68 West of the 6th P.M. , including 15 shares of Home Supply 'Water ,plus all other water and water rights, ditch and ditch rights appertanent to said property. Also a 100 acre ft. adjudicated lake. KNowN As' Sekich and Echiverria Farm with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent § nature,currently on the premises,except None 4 4fiy in their present condition, ordinary wear and tear excepted,and the following personal property: 4 . 4 4 by good and sufficient General warranty deed (and bill of sale). Said real (and personal) property, for the 4 4 purpose of this contract,has a gross valuation of$ 365.000.00 .Said property will be conveyed 4 4 subject to the following encumbrances which the First Party(will)/is{ifl/rL�r(�assume at{d agree to pay: Q • 4 a First Deed of Trust payable to the Federal Land Bank of approximately $140,000.4 4 4 4 If an encumbrance is to remain on the property after conveyance, the First Party agrees to pay a loan transfer fee not to exceed$ 200 00 and it is a condition of this contract that the First Party may assume such encumbrance without change in its terms and conditions except None 4 No. EX 30-10-75. Contract to Exchange Real Estate (With Valuations) The printed portions of this form approved by the Colorado Real Estate Commission. tw.o. .o..o+.o..or.o...4",o,o•o o•onewww.o o.o.o•o•o.o. .7.O.O.o•o•o,w,o.o^ PRINT I. Quip Co /// V 3. The difference between the values of the respective properties, after having considered and deducted the encum- / 9n.+O brances above described, shall be deemed for the purpose of this agreement to be $- 1' K) N First Party to and said sum shall be due and payable by Second Party as follows: $100,000.00 cash or certified funds at closing and the balance of $95,000.00 in cash or certified funds one year from closing. Said $95,000.00 shall be carried in a note and Second Deed of Trust payable to the Second Party. Said Deed of r] .4)t Trust shall cover �a/lLll the property except the//impro}v�ements and 12 acre . Luc r ' �.L,QLC iteY ��IGL G,i /v-e GL,- ILnkU ,iC.9ZGC-n_C-¢../ il� 4 £ a ca2Q, 4. Title shall be merchantable in the respective parties hereto. Each party agrees, at his option and expense, to furnish to the other party,on or before November 25 , 1978 , an abstract of title to his property, certified to date, or a current commitment for title insurance policy. If either party elects to furnish said title insurance commitment, that party will deliver the title insurance policy to the other party after closing and pay the premium thereon. Each party shall have 5 days from date of delivery of such evidence of title,to examine title and report, in writing to the other party, the defects, if any,found therein.Either party whose title by such exami- nation and report is found to be defective, shall within 60 days from date of such written notice, correct and remove such defects; and unless such defects be corrected within said time (and if no extension of time is given) this contract. shall he null and void at the option of the party giving notice, and each party shall be released from all obligations hereunder and any payments made herewith shall be returned forthwith to the party who made such payments, upon return of any abstract furnished to that party; provided, however, that in lieu of correcting such defects the party whose title is defective may,within 60 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 said party shall pay full premium for such title insur- ance policy. 5. General taxes for 19 78 shall be apportioned to dates of delivery of deeds based on the most recent levy and. • the most recent assessment. Personal property taxes, prepaid rents, water rents, sewer rents, FHA mortgage insur- ance premiums;interest on encumbrances,if any,and seller of the farm shall pay all 1978 taxes and water assessments. shall be apportioned to date of delivery of deed with respect to each property. Each party shall give credit at closing for any tenant security deposits. Loan balances are to be adjusted at the time of closing. Any encumbrances required to be paid,may be paid from the proceeds of this transaction. 6. Each party agrees to execute and deliver his deed to the other party on December 15 , 1978 , or, by mutual agreement, at an earlier date, conveying his property free and clear of all taxes (including special im- provements now installed, whether assessed or not unless specifically hereinafter excepted), except general taxes for the year of closing which said other party assumes and agrees to pay subject to the adjustment herein provided for. • The property of each party shall be subject to building and zoning regulations pertaining thereto and shall be subject to any tenancies hereinafter set forth and shall be free and clear of all liens and encumbrances except those herein- above described,and except: • As to the propertydescribed in paragraph one: Restrictions, agreement$, easements, and reservations of record. • *As to the property described in paragraph two: Restrictions, agreements, easements, and reservations of record. • 7. The hour and place of closing shall be designated by Westlake Realty LTD. • 8. Possession of the premises shall be delivered to each purchaser concurrently with the transfer of title or as follows: closing and delivery of deed • The property described in paragraph one shall be subject to the following leases or tenancies: a lease which shall be conveyed to the Second Party. • and the property described in paragraph two shall be subject to the following leases and tenancies: None 'There should he inserted here any reservations. resi rictive covenants, easements. rights of way,special takes or any other exceptions to which the property is subiect. I" /Th 9. In the event that either of the properties is damaged by fire or other casualty prior to time of closing in an amount of not more than ten percent of the value of the property, the seller of said damaged property shall be obli- gated to repair the same before the date herein provided for delivery of deed. In the event such damage shall exceed such value, this contract may be cancelled at the option of the other party. Should the other party elect to carry out this agreement despite such damage, such other party shall be entitled to all the credit for the insurance proceeds re- sulting from such damage,not exceeding,however,the total value. Should any fixtures or services fail between the date of this agreement and the date of possession or the date of delivery of deed,whichever shall be earlier,then the owner of such property shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size,age and quality,or an equivalent credit. 10. Both parties have examined the properties and accept the same in the present condition.Neither party is rely- ing on representations of the other party or real estate broker or agent, as to zoning, other than as specifically set forth herein. 11. It is agreed that Davis Land Company —. is acting as broker for the first party and Westlake Realty LTD ,is acting as broker for the second party.If the broker named for each party herein shall be the same, then each of the parties agrees that said broker may act as broker for each party and may receive such commissions from each party as may be established by separate agreement. 12. First party herewith deposits with broker for the second party$ 10,000. 00 by !9hAlf) ftc,hhIcA (note) and second party herewith deposits with broker for the first party $_. l D r DCB•DD - by 11411MHZICIWl4f (note), as a guaranty of good faith, to be returned to the respective parties when the transaction is ..completed. 13. Time is of the essence hereof, and if any payment or other condition hereof is not made, tendered or per- formed by either of the parties hereto as herein provided, then this contract, at the option of the party who is not in de- - fault may be terminated. In case of such termination, any deposit made by the defaulting party shall be retained by the broker for the non-defaulting party, on behalf of said non-defaulting party, and the payments so retained shall bedi- vided between the said broker and the non-defaulting party, one-half thereof to the broker, but not to exceed a sum equal to the agreed commission, and the balance to the non-defaulting party.In the event of such termination,any pay- ments made by the non-defaulting party shall be returned to said party,and the non-defaulting party may recover such • additional damages as may be proper. In the event, however, the non-defaulting party elects to treat this contract as • being in full force and effect, the non-defaulting party shall have right to an action for specific performance and dam- .ages. 14. This contract shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors, and assigns. 16. AdditionalProvisions: Both parties shall have the right to prepay any amount at anytime without penalty. Second Party to provide an outer boundary survey pinned and staked. Both parties agree to pay a 6% commission at closing. on the selling price of their properties. Both parties are aware that the First Party is a licensed Real Estate Salesman in the State of Colorado and is b firing in his his own behalf. /LJ;. ,=i _rk /c /Cal v r),1C't.) 1,;, „e0C`a_� � . ( -11.3 lrf.3 01'0 t _2.4 't%. ..�'.t tite z't .[-2� ( r� .2/e/yhr „e,.,�.p �. / x• k f r te 5/FrC�llr (]N1 16. In the event this agreement is not signed by all parties hereto on or before April 22 J 16 78 ,this agreement shall become void and of no,effect. IN WITNESS WHEREOF the parties hereto have set their hands and seals. Date Date (?-41-nr ) / � 1 1 /1(�� )� / ) First Party Second Party -- ( ) ( ) ❑avic Land Company Westlake RaaltyLTD Broker Broker - eecr Secrtew 4/M-5 53-D a 40-01-2 a+ M-CD 40-A m / Ae, 40-0 OLD NO. 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'w i �ir' i � � ^ti1 / ��1, ' l"�i'.1 _ }1 � �1 I �. �� .ta ,e i ` �� t � : i - �p j F � . .r � �l�. �� .:r >+kA"`�� r S�_ '4°� ._ ��'t . , �,,� tr , � �, 1 3 .� . rZ1y a" 4 \. �y eCg ��,1 ; � �� 4;� � r '�!- . . �� \ �� . �d. ,1Y �E � � � 1 �b�r-. �` .�. .. s ��v,,e:t� ,1� . t�� .A � x x ' " ry,� �`,,` . . .ysus� ..A��: i., f�;� �^ti� . .g , Kr Fr� �-� . ,,.� �x � a ��- • � �� _ �F� i. � k �e� '1 �� (�x .�f — � 2�, _ L � �g� �� C. �' �, � rt�A?a i,� ,.:.e� p9 � , t. ��• �,� ;� � , t � � , � �. � , �d. �r�s �� x , ; ^ --�,, J � ,.� � � � � ,�,� . _ �� 1' � ;Fi ` �. r N t -o- � � .'r�• �' �i� .. � ,-. .. . i , , j . ��,y . �,^`�''� "�'^ ',� . t �� .�.._. �� ' .;-�° . � ; � A - .. �. - :, . . ' � e�,�� r� � " � T�. � �:c�... � . 1� �. i 4;�'�� .,- . � , . FIELD :;IiECh FILING NUMBER: RE-341 DATE OF INSPECTION: 9/27/78 NAME: Jim Davis REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. Ea Section 14, T4N, R68W LAND USE: N Agricultural E Agricultural Agricultural tiV Agricultural ZONING: N Agricultural LOCATION: 3 miles west and 1 mile E Agricultural south of the Town of Johnstown S Agricultural jy Agricultural COMMENTS : There is an existing set of improvements which includes a residences located on the proposed lot A. There are no improvements located on the proposed lot B. The majority of the property appears to be in corn. The topography of the property is very rolling with natural drainage appearing to be to the south. There is a natural drainage draw which is located in the northeast corner of the property that does drain to the south. All accesses are existing. BY: Assistant Zoning Administrat Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O. BOX SOS JOHNSTOWN, COLO. 80534 September 28, 1978 Mr. Chuck Cunliffe Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe : The Planning Commission of the Town of Johnstown met in regular session on September 27 , 1978 to hear a request of Bob Cannon for Jim Davis ( Sekich and Echiverra & Co. ) to make application for a recorded exemption located at Pt. E' Section 14 , T4N, R68W. This recorded exemption to be on Lot "A" - 11. 266 ac. and Lot "B" - 194. 396 ac. -- Total - 205. 662 ac. . This request was unanimously approved by the Planning Commis- sion of the Town of Johnstown. Very truly yours, Ron Bunnell, Chairman Planning Commission Town of Johnstown wzj n\ SEP 1978 p RB/ps RECEIVED a) G Weld County :tanning Cmmmissime mEmoRAnDum W$Iik To Planning Commission Date September 29, 1978 COLORADO From Gilman E. Olson, Subdivision/Utility Administrator subject: Jim Davis (Sekich & Echiverra & Co. ) - R.E. There are no engineering problems anticipated by this request. Any new access will have to have prior approval from the Engineering Deparmtent. Gilman E. Olson Subdivision/Utility Administrator Weld County Department of Engineering GEO:sar 40 2 728e, ti�R�cPB N J Wld C µ{ y. BOARD OF HEALTH e ounty / lealth Department DAVID WERKING. DDS, Greeley FRANKLIN D. YODER, MD, MPH WILLIAM SLICK. Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ, JR.. J.D Greeley ANNETTE M LOPEZ, Greeley (303353-O540 FRANK MYERS. M.P.H., Windsor HERSCHEL PHELPS. JR., M.D.. Greeley O C p KATHLEEN SHAUGHNESSY, PHN. Ault September 25, 1 978 ARTHUR G WATSON, Platteville Gary Fortner, Director Planning & Zoning 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption as requested by Sekich and Echiverra has been reviewed by Environmental Health staff, and no apparent conflict with health regulations was indicated. Sincerely, • J G. Hal 1 ,'P. Director Environmetnal Health Services JGH:dr `(;r Y f�� :::::::::::::1:11 78 �\ ED Tsiae '5 (\ 9. ��/ i\ NY J Hello