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HomeMy WebLinkAbout780840.tiff Y ri R.oaaed ��5 ddoc k " MAR 16 1918 K O !'? Rec. No. .Z32 15_ Mary Ann Feuerstein, Recorder 826 3 - I RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. #56 - LELA HAUSE. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home ri Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and .-a WHEREAS, the Board of County Commissioners of Weld County, Colorado, has reviewed the request of Lela Hause for an exemption from the definition of "subdivision" and "subdivided 0 land" in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and op NIS WHEREAS, the Board of County Commissioners finds that Lela Hause is the owner of a parcel of land lying in the 141/2 of the SE4 of Section 34, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado. Lela Hause desires to sell all but 9 . 528 acres of her 80 acre parcel to Mr. & Mrs . James Eckhardt who own the adjacent 80 acre tract of land. The 9. 528 acres remaining of Lela Hause' s contains a second set of improvements which she will retain as a residence. The legal descriptions for the farm being purchased by J. D. Eckhardt from Lela M. Hause, the legal description of the farm Eckhardts would own after purchase and the legal description of the 9 . 528 acres to be retained by Lela M. Hause are set forth in Exhibit "A" being attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners has considered the recommendations of the Department of Planning Services on this matter and has reviewed information submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the aforementioned tract of land owned by the applicant, be, and hereby is, declared to be exempt from the definition of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld County Subdivision Regulations, and further finds that said tract shall be considered :,, - /A , 780840 K r- , X826 1147515 3 - .Z a single lot. BE IT FURTHER RESOLVED by the Board that the remaining tract of land to be purchased from Lela Hause by Mr. & Mrs. James Eckhardt, be, and hereby is, declared to be exempt from the definition of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld County Subdivision Regulations, and further finds that said parcel is also considered as a single lot. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of March, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r F,AATIPEST: ,,tilt=.2 { tnrt ! „, ct.r.. - , ',P \04-d• ounty Clerk and Recorder salad Cl rk to the Bo. ( _ / \By: 1Q- De uty County C - k APP r% AS TO FORM: a' r County Attorney -2- Date Presented: March 15, 1978 Boo( • A- 826 EXHIBIT "A" 1747515 Legal of farm being purchased by J. D. Eckhardt from Lela M. Hause: The North 11 Southeast k Section 34 Township 5 North, Range 64 West of the hth P.M. except a parcel containing approximately 9.528 acres described as follows : Beginning at Lite SE corner of the N' SE' Sec 34 Township 5 North, Range 64 West proceed 291.69 ' N 00°00 '00" W, thence 482.14 ' N 90`'00 '00" W, thence 557.22 ' N00°17'20" E. thence 303.63' S . 86°00 '14" W, thence 823.52 ' 504°07'59" W, thence 841.60' S 89d34 '0.1" E to the point of beginning. • Legal of farm Eckhardts would own after purchase: The SEZ of Section 34, Township 5 North, Range 64 West of the 6th P.M. except a parcel containing approximately 9.528 acres described as follows: Beginning at the SE corner of the N1 SEA Sec 34 Township 5 North, Range 64 West proceed 291.69 ' N 00°00 '00" Wd thence 482.14' No 90°00 '00" W, thence 557.22 ' N00°17'20" C, thence 303.63' S . 86 00 '14" W, thence 823.52 ' S 04°07'59" W, thence 841.60' S 89°34'01" E to the point of beginning. Legal of parcel which Lela M. Hause will retain: A part of the Nk SEk Sec 34 Township 5 North, Range 64 West of the 6th P.M. N. described as follows: Beginning at the SE corner of the N`-§ SEZ Sec 34 Township 5 North, Range 64 West proceed 291.69 ' N 00°00 '00" W, thence 482.14 ' No 90°00'00" W, thence 557.22' N00°17'20" E, thence 303.63' S 86°00'14" W, thence 823.52' S 04°07'59" W, thence 841.60 ' S 89°34 '01" E to the point of beginning. These legals were not determined by a title company or an attorney and are subject to correction. '15‘i Aft.,i ;21,1/ s FEB 19'18 ro REe1V Ep {1aenieL tit i\> sell925ViLr E ."1 § aU 9 u § ) f - _ ! 2 # m ■ # ■ ri 2 . e . N / m ` § ; | 4 ( 7 § f \ § 2nI ri § } ; = 0 � z23 : � ] ' d I... 2I 0 r. .0•••,. V« y Q Q , r.--)C f-- ; `rip? r r . + _ DEPARTMENT OF PLANNING SERVICES \Y ' ¢ + %` VC PHONE (3031 356-4000 EXT. 400 .;44".` r'' ±A012‘ 915 10TH STREET ,, s e GREELEY, COLORADO 80631 ' e� ' `"° ! .q s _.vet COLORADO February 15, 1978 • • Lena M. Hause 24297 Weld Co. Rd. 57 Kersey, CO 80644 RE: Request for a Subdivision Exemption on a -parcel of land described as Pt . SE-3--, Section 34, T5N, R64W of the 6th ' P.M. , Weld County, Colorado Dear Ms .. Hause : . Your application and related materials for the above described request are complete and in order . I have scheduled a meeting with the Board of County Commissioners for March 6, 1978 , at approximately 9 :30 a.m. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 - 10th Street , Greeley, Colorado . ' It is recommended that you and/or a representative be there to answer any questions the Board might have with respect to your application. If you have any questions with regards to this matter, please do not hesitate to contact our office. Respectfully, • • 03L-& CAA"Ndl-aAC-1 . Chuck Cunliffe Assistant Zoning Administrator CC:kmh 1 cc: Mr. & Mrs. James D. Eckhardt - -w � m ��`" com 'se- $� m 24205 Weld County Rd, 57 John I 9c 4� yam Ol Na �m a Kersey, CO 80644 Realt3 5'3 E'c ; •e my de �a o • Real ry om Qy m';. 7 �,. I5 w G .Z O ° ! 6 5 2165 J 44 °yew ° 9 ty y-0 ea 'a°J : Greel' a3 143 �g:g t 4 °�y„ \\' - , Y i, o 7X '3n 'aoD '5J .-s SjRsg Li r y 6 c `y° m 0.crs *es 0 .%0 so Z t135'O'ctPv '(RJ °t°°0°'�°°t t''�' t� 03 '2,03 ✓ 0 m w r Y'( I. EV c0 \Ct51R °t t°\Ise 8 r%9a i e �Q S t i o and s �d 1.°°a%°Mt,i. S a m M 2 ei% (13-e A 0 Q SUBDIVISION EXEMPTION FLOW SHEET 1 Date . , kl Meeting D 1 vadLo 1E6( Case #: County Commissioners ow+\... eiers� Applicant: 1.. ®` \O'er s54- `Ici gm ate Legal Description• : .E pate Eky i 1, A®: le) Application Received `® +.1 Cs � Application Complete �licant Drafted "SS Letter to Apl ®�� ��L- , 1 SE# Assigned SI- Air Photo Map Prepa red Chaindexed S. �y INN Applicant Notified t '�� lb �b8 Legal Approved by County Attorney MENIEC Field Check by D.P .S . Staff ..6 h. . D.P.S . Recommendation Drafted 31511b csS, D.P .S . Recommendation Typed 31 �� ^ ht Packets Xeroxed ®_ History Card - Comp •eted l v s I ) - II . ' . I I l cc: resolution granting SE #56 LYII 03IJUAGIO GNP O3011SN1 'n3S31SID311 '1I1303i1 NMRJ3S /L61 TAN'lilt al0iY J n e e p. Is Nsrves. y N Q9 41 p �,,, • on O s in w a r m n (n N N jw' S�+�ryna sue^ .�. CO W i rn ?rill€ e (D 17 7 8 8 CO d HtI J 88 88 i ot w Dti 8 Pi bn b1 aki IW \ m O tali 2 "CS o I-� a � a im m o ao . o ag� , i R ai.fi _W 2 Jrim _ ^ W 3 .P E T e e. P c iN ul Z ~ 40 o g3 cn ii-) < W a LL a a. ; ~ 8 rt 8 till , o e W 2 i QI ,,O w N a e, I J I n ��ii,, w mph °KV a, .. $33i iv c _ II c rCC g 1r gr N &p I a • I .J N Y Y ter tl I tl I Y I a ' 1 I M 2 1 r „ R} in y r V Oi.' Ik d' w S r v ao .'"i g gCis ,4. 00 w E A C ` A a 3 rl 'b'.a w Ri lAt U. IXSo .O u Q U i pA. t LLas g no I V 3 i c2) p�\ rp . gg W q •1 "}' Wlilihii 8 E i .bileyi < tti A , eri n 1 0 d is ko a� 1111. 1 NUi ill1511, 1 • a• 1� N nz. m N W K i w if r RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED WAIL PS fens]611,Nev.1176 •_ � f-1 1 � \ � � A 1 1 i\ r�� .lam•t i 1 ) r Bch r Cp i S ' r o r March 3.4_ 1978 Ili I �l I _ L 5 j,<r._ Subr�i_LS 1_s111C!. . ,. .. ._i •i-_ O, Or u-For' _ #56. —Lela Hause Auplicant T e owners of the fol I i . , i ric'Lrr f .. d cro ierify have requested an exemption from Sec ? - 1 chi itte CJgrty Subdivision regulations adopted S p `e, r i °! ? n ch aa [ ines the term subdivision : See attached Legal Descriptions The Planning Department his ren,i ^oed this request and recom- mends that the request he approved for the following reasons : DOES DOES NOT X Require otter X R f?]u-ire _ C'.de'r X Croat_ traffic problems X Fall in [lord plain Argre^ Frith llanniinc Commission Policy X Create ftgraa surrounding land use X f,__„ L all tog n requirements _1 Comments : Lela Hause owns 80 acres described as the NZ SE* of Section 34, • T5N, R644'1. Mr. and Mrs . James Eckhardt own the adjacent 80 acre parcel to the south described as the S2 SE4 of said section . Each 80 acre parcel has an existing set of improvements . It is the intention of the Eckhardt ' s to purchase the Hause property and combine the two parcels into one except for the second set of improvements on 9.528 acres which Lela Hause will retain as a residence. The 9.528 acre parcel also con ' ns a large amount of seep ground which is non-productive agr' cul ural land. t29ikff $(Legal of farm being purchased by J. D. Eckhardt from Lela M. Hause: The North k Southeast 14 Section 34 Township 5 North, Range 64 West of the 6th P.M. except a parcel containing approximately 9.528 acres described as follows: Beginning at the SE corner of the N1/2 SEA Sec 34 Township 5 North, Range 64 West proceed 291.69 ' N 00°00'00" W, thence 482.14' N 90°00'00" W, thence 557.22 ' N00°17'20" E6 thence 303.63' S . 86°00'14" W, thence 823.52' S04°07'59" W, thence D 841.60' S 89 34'01" E to the point of beginning. Legal of farm Eckhardts would own after purchase: Oh The SEA of Section 34, Township 5 North, Range 64 West of the 6th P.M. except 1,(y" a parcel containing approximately 9 .528 acres described as follows: Beginning O at the SE corner of the N1 SEA Sec 34 Township 5 North, Range 64 West proceed 291.69' N 00°00'00" W thence 482.14' No 90°00'00" W, thence 557.22' N00°17'20" E, thence 303.63' S. 86x00'14" W, thence 823.52 ' S 04°07'59" W, thence 841.60' S 89°34'01" E to the point of beginning. 0 Legal of o��� parcel which Lela M. Hause will retain: /110 A part of the N1 SEZ Sec 34 Township 5 North, Range 64 West of the 6th P.M. 2r` described as follows: Beginning at the SE corner of the N1 SEk Sec 34 Township 5 North, Range 64 West proceed 291.69 ' N 00°00'00" W, thence 482.14' No 90°00'00" W, thence 557.22' N00°17'20" E, thence 303.63' S 86°00'14" W, thence 823.52' S 04°07'59" W, thence 841.60' S 89°34'01" E to the point of beginning. These legals were not determined by a title company or an attorney and are subject to correction. /57-.t h FE61918 a; (78 RE-*gm too nES) !� gooi cra, pia O% Leo AI 6eeeIZ 9z 2s'L . r• Lela M. Hause 24297 Weld County Road 57 Kersey, Colorado 80644 February 10, 1978 To: Weld County Board of Commissioners Re: Proposed land split Lela M. Hause Farm North z, Southeast '4 Section 34, Township 5 North, Range 64 West of 6th P.M. For economic reasons it is my desire to sell my farm property described above. I have an offer to purchase the property, with the exception of 9.528 acres as described in the attached survey, from Mr. and Mrs. James D. Eckhardt who own the eighty acre farm adjacent to my farm on the south. The Eckhardts own the South 11 of the Southeast 14, Section 34, Township 5 North, Range 64 West. It is the Eckhardts' intention to add the property purchased from me to their farming operation and operate it as a farm. The 9.528 acres, which the Eckhardts are not purchasing, contain the improvements which I will retain as a residence. The Eckhardts have a residence on their property. The reason for the irregular shape of the 9.528 acres is that it contains seep ground which the Eckhardts do not wish to purchase. This land split will enable me to improve my debt position and allow me to make needed improvements to my present residence. Your consideration and approval of this proposed land split is appreciated. Since ely, - Al ceAtt,,,g-- Lela M. Hause The undersigned, as prospective purchasers, acknowledge that the statements regarding the intended use of the land being purchased, are correct. pJ �i�r.co 1 ice! es D. Eckhardt ,e4 g(le dt Sally(Orr Eckhardt \91011J2 4. >O) 1� 0 /0/ /976' FEB 1978 Date "' RECEIVED r wig County �' `n' Phalli ConlidM O � ,,,,, Z5Z tr2(-AL 2��� °Y //7 Mki /Y.EGIr 11 'i 3479.63' II s. . 7a i,4c rs 0 I °� se �� ' (. ti �' �'' r.sv.. i47 etc!, • ! • - I. Al_...r ... tep44L _ i)-----_i ~1 i!}79.94' /3° o1'�le�,lj S'B9 .��O/' t1�� lid./1 cff/ �o• ;.1.. „d Li�.rer y s/� I s )z so,)9 ri IS .I ti r-- I Y 17.,n,tej ...4 e6f iitlifla+:_ .r�«',. . 1+�§`¢_ ^may.' _ 1 ~n`. , A s },� f '" .A • t VU 4 e9 y aT er f4 .'ill',1::., ..:7Thc,, „ , ., 1 ' , ..„....„...,.. .... . ,,. ,"„40:0,,,,:,,,,7.,:• : rY F ei �d,.M' ,, . ..1,... :[J, ,,.,iii,. ,,„ ": Ii '' • p> i •F 7rF r.. +. ., e, f I ,' R .4 mt.^tk ,•:1; I F §1,7 4 , 'u: i.', 11,4:24-).1•;,, . «J F i i6 -•y CI< • • • l ...4,2-• e„. Se flY. it: �' ' 1 ' • s .� i 1' 3 If h e o til s: d�fir, - f g ,' 7 ., a,Fir."., hw • ; Vic. '*M `- r : >• ' x 4ecr' -;`ate; A{ 4.47 5 t 1 • 7 3 n..,,.. A. ' ' Y t�pg 'IA ,ik s N :tL 77 k4.• •• • •••••i ,,) ''5 S f i 'NF �y .. • i. ,-,..4--P,,,:it, } ,1,4 d �.. -,,,,,,t ti; v,L L T s&.it* f _ E Iii §gipA: _ ?� k ytyy: i44-'* .y fj" yt "��j�,��1 �� y, kaw --,.-r...."; ....1.;;.1....44':... g� _ aC�p 5M i i. P f .',.,.,(4:-'19,,e, w*e €fj r i.: ° ;� ESA s ,.., , ).e7;liii: .. .4,:". -,,. '-''''. . V. , ..- p • a, ,{r- • > .-fir ( } 3) .., , ,,t,':• • 7c I v i I F A i :,�f.t $ .A" �F, f X • SPECIFIC PERFORMANCE CONTRACT (FARM AND RANCH) Greeley , Colorado January 30, , 1978 RECEIVED FROM JAMES D. ECKHARDT AND SALLY ORR ECKHARDT Purchaser(as joint tenants),the sum of$ O00.00 ,in the form of Personal Check to be held by Realty World/Clif t-McComb Realty, Inc. ,broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of Weld , Colorado,to wit: North k. SE'. Section 34. Township 5 North, Range 64 West of the 6th P.M. except the following described parcel of land containing approximately seven to eleven acres. The East and South boundaries to be the existing East and South.boundaries. The North boundary shall begin at a point on the East boundary approximately Sixty Five feet North of the existing line of trees located just North of the present improvements. This North boundary line to proceed directly West to intersect with the first existing North-South .fence. The boundary shall then follow this fence North, then West, and then South to the existing South boundary. This fence shall remain the property of the Sellers and all other fences shall become the property of the Buyers. The final boundaries are to be determined by survey and pinned at the Sellers expense. Both parties to agree on boundaries 10 (Ten) days prior to closing. Purchasers to receive one-half of the mineral rights now owned by the Sellers. 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 LELA HAUSE FARM which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of $ 85,000.00 hereby receipted for, , payable as follows: $5.000.00 $ 20,000.00 payable in cash or certified funds at the date of closing(plus customary closing costs) ; Purchasers to execute and deliver to Seller their promissory note in the principal amount of $60,000.00 with interest to accrue at the rate of 8'% per annum. Said principal and interest shall be paid in 20 equal annual installments beginning one year after the date of closing. Said promissory note shall provide for Purchasers' right to prepayment privilege without penalty except Purchasers may not pay any additional principal during the first year after closing and may not pay in excess of $20.000.00 principal plus interest, in each year after the first year after date of closing, for two years. Said promissory note shall be secured by a Deed of Trust on the property which is the subject matter of this contract. 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to exceed $ N/A and it is a condition of this contract that the purchaser may assume such encumbrance without change in its terms or conditions except N/A 2. Price to include the following personal property: None except fences described above. 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 5. The following fixtures of permanent nature are excluded from this sale: None 3. Price to include the following water rights: 10 shares of the Capital Stock of the Farmers Reservoir & Irrigation Company and 2 shares of the Capital Stock of the Loloff Lateral Ditch Company. 4. An abstract of title to said property,certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before Five days pri nr rn rinsing , 19 . 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. NO.SC 25-10-75 Specific Performance Contract(Farm and Ranch) ." a'4 enrr;♦a. • ii. fn'. .nrnved l'v the('nlnrndn Real Estate Commission (SC 25-10.75) ,// 5. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient Cpnf'ra1 warranty deed to said purchaser on April 1, ,1918_,or,by mutual agree- ment,at an earlier date,conveying said property free and clear of all taxes,except the general taxes for 19 78 payable January 1, 19_7_9_and except None free and clear of all liens and encumbrances except: None and except the following easements: those of record. Also subject to all recorded rights-of-way, restrictions, covenants and leases of record. and subject to building and zoning regulations and the following restrictive covenants: 49714 Any encumbrance required to be paid may be paid from the proceeds of this transaction. 6. General taxes for 19 38 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. Personal property taxes, prepaid rents, water rents, sewer rents, and interest on encum- brances,if any,and shall be apportioned to date of delivery of deed except that:Al l 1978 assessments for stork of Farmers Reservoir & irrigation Company and T,ol off Lateral flitrh rights to he paid by Purchasers. 7. With respect to the growing crops the seller and purchaser agree as follows: Al 1 Crops to Buyers. all expenses of crops are to be borne by purchasers in the event of closing. )45-1.,P.,, 8. The hour and place of closing shall be designated by Real ty Won d/C1 ift-McComh Realty, In . 9. Possession of premises shall be delivered to purchaser on April 1. 1978. Buyers and Sellers agree to extend closing date to May 1. J978 if delay is necessary to obtain completed recorded exemption. subject to the following leases or tenancies: The parties agree to execute the lease which is_attached hereto as Exhibit A on March 1 , 1978 and said lease shall he merged into the Deed if thiss.ontract is completed by both parties but shall remain in full force & effect if i this contact is terminated 10. The risk of loss from any damage to the improvements by tire or other casualty prior to date of closing shall for an be on the seller,provided however that if the seller shall maintain insurance on said improvements which will compensate reason'. for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in paragraph 7 and such party shall be entitled to the insurance proceeds. • 11. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed by either the seller or purchaser as herein provided, then this contract,at the option of the party who is not in default, may be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper.In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser,and the seller • elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non-defaulting party elects to treat this contract as being in full force and ef- fect, the non-defaulting party shall have the right to an action for specific performance and damages. • 12. In the event the seller fails to approve this instrument in writing on or before February 3, 19_ 78 ,or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 180 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon 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. 13. Additional Provisions: This contract is contingent upon the conditions set forth in Exhibit B annexed hereto and made a part hereof, upon the failure of any one or more of those conditions, the Purchas declare this contract void and of no effect. and all p yments made hereon shall be returned to t e Purchasers . 14. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall ' ure to the benefit of the heirs,successors and assigns of said parties. 2c,t,1 re/L. /-30--7YAgent Realty World/Clift—McComb Realty, Inc. urch. JAM% D. Ep<HAVT Date CGn�� P/t.yM n C so—- eP Bey cC Purchaser ALLY ORR ECKHARDT Date -, ohn McCarthy Seller approves the above contract this�'� day of _ � �L� -t..�// , 19 _and agrees to pay a commission of �, % of the gross sales price for services in this tran.saeti2n, and agrees that, in the event of forfeiture of payments made by purchaser,such payments shall be divided between the seller's broker and the seller, one-hal t eof to said oker, but u of to en i[ exceed the commission,and the balance to the seller. 8-12' � G ) U.G[i /f, Lela Hause Seller Seller Purchaser's Address _Z.200_tte1_(1_C04tnty Road 57. Kersey Co .redo 356=1530 Seller's Address _ 24297 Weld County Road 57, Kersey,_ Colorado EXHIBIT B I27DDD, a d x D 1. Purchaser is to apply for and receive an additional $,4 6..je6 loan on his present farm from the Federal Land Bank Association at the present rate of interest for a term of 33 years. 41571211- 2. Seller shall apply for and receive a recorded exemption or subdivision exemption allowing a legal split of the subject property. Dated Ea') ) 97� LELA HAUSE - SELLER W ° -an J X S D. ECKHARDT - PURCHASER / [J ✓�- Q�/ �I C1�� / 3 7y SALLY R ECKHARDT - PURCHASER • • War to r. .,a-n ; rf t\,/ - wire ; •, JANsi iircorded at.... .. ' -o'clock .1 U. Reception No....2.^e:•=1;1 e] y'r rv- „,:.., v .__-. ..._..........__..,..� x.i...' <"U , a Recorder. FlUNO Sfsu? • Title- DEED, Made this 9th day of January In the year of our Lord one thousand nine hundred and l:l';;-six between Ar+.n•tr }I. Schnell of the County of '•'cin and State of Celorado,of the fine part,and ;tier, ;.. • ause ant :-suse of the County of _iel and State of Co.endo,of the second part: WITNESSErf,that the said party of the first part,for and in consideration of the sum of : n ,it':lac' -1:T1 of- or v..'at,F n-r .-i car. _^nc f -DOttrARH a and other good and valuable considerations to the said party of the first part in hand paid by the said panics of the second part,the receipt whereof is hereby confessed and acknowledged, has gnntrd, bargained, r ad and conveyed, and by then presents does grant,bargain,sell,convey and confirm unto the said parties of the second part, cot in tenancy in common but in joint tenancy, the survivor of them, their axsi,rns and the heirs and assigns of such sorcerer forever, all the following described lot or panel f land, situate, iyieg and being in the County of "old and State of Colorado.to-wit: -we e, ':al of me Scut-nevi y:arms _ of sr. 1r ... :Lye' (t,) ♦,ert:n, a. - ::ewr es (FL , . .. • of _. .. ._ .. seer. c: "- :ax•anrs i:c _ -.s.. . . ... :.lei_ _-.. a_. -.. ... .-tracts; TOGETHER with all and singular the n.:. ..•a .. and s p port,,.are,.. !" ..ur:, b.,.r,g ins', or ar.ye eie - appenaieing, and the reversion and revers:one. .•:..a finder and r.rna'nd,n, rem.. i . and t refits thereof: are all the estate,right,title,interest,claim and it.mart whatsoever of the see: party of the fiat pert,either it, law or equity,of, .n and to the above bargained p:rmie'r. with the hereditament, an: appnr:er.ar-. TO HAVE AND TO HOLD the said premise, above bargained and detente d, with ti- �etr,eer.ces, tame the said parties of the second part,the survivor of tre re,their assigns,leea ens hears aced as-.e o: leech sure..or for- ever.And the said party of the first part,for himerlf,his heirs,executor:,and as^,,r.4t;,tors,dues coverers, grad, bargain and agree to and with the said parties of the second part, the survivor of them, the Ir assigns and the been and assigns of such survivor,that at the ti:nr of the ensealing and delivery of tit.ee pr.sects,ne is weil se;red of the premises above conveyed, as of goal, cure, perfect. absolute and ins fraviLe seta• of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant, bargain, sr;i and convey the same in naanter and form aforesaid•and that the same are free and clear from all former ani othrr grants, bargains, salsa, liens, taxes,assessment.and laeumbrances of whatever kind or nature soever, ., e:•- eer ,_. w. - "e. eter assessments oava`le , , or t:ereafter. and the above bargained premises in the quiet and peaceable po •m of the seta parties of the second part., the survivor of them,their assigns and the heirs and assign of such aurviver,against a.l and every person or person lawfully claiming or to claim the whole or any part thereof,the said party of the first part shale and w., WARRA::7 AND FOREVER DEFEND.The singular number shall include the plural,the plural the singular,ants the use of any • gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his Land and seal the day and year first above written, rate / Signed,Sealed and Delivered la We Preface of ar tL'S rte !,e I'f _ISe.ALJ .. _._..--....--_..._.-._.. ...............__-_._ _..—J STATE 07 COLORADO, 1.as (t'f1` County at belt \ • a's The ferrying' Instnanent was ackcawlcd„-ed toter, me led: n day of • s - ^...:n r' ,A. D.1p `_.be Art:.tS" n. Sennei.. C r ' t.. W:aen m. laat sr official seal. . • '• 0 e Me entmenet n renters . eve a we r-` ul con ,c r� r�ddl JUL 2 0 1" 3 r J e a^ ste^ RwptYe Nw ..a.'•t,Li.4.'2e�.-_.._.__ r'taV•Vchtu litimankr. .aOWo a-) a w(w petty bled.We fifteenth d,y d July S 's Yid i sr LM er Iberia alai esredw cixty-five bermes Cb ANDREW GERALD ORR and GRACE ELLA ORR { .1~ Caen d Weld pad Stem el Calredw d the brera s JAMES D. ECKHARDT and SALLY 0RR ECKHARDT o el the Coats d Weld ad slued CdaMh d W ' o mead art: TyiTrxgtxTmt That the std parties of 1M■.w part ter.ad I.cealdentiet of the ma el UN Other valuable consideration and One Thousand ono -'100---DOLLAR&. o r the rte part 11a add .a part laa head pald by the perdu per el the mead receipt part, the pt whereat is begirt aak„sd at ackaMedR4 ha V0 granted. brgalyd told sad conned,tad by tar pert.,,do nth barnlw ea cones,as totem date the Sal parer d the read put,to paw sot S,toms, S derma bet S kit tarry,the survivor d LL,s,tbek rigs.and the belie sad ripe of sorb meter toteeet d the(al- lore.dsaaed Is. et pared of teed,Stn.else sad bales le the Ca..ty d Weld sad Sate of Calends, to-wf: The South Half (Si) of the Southeast Quartet (SE;) of Section Thirty-four (34), 1n Township Five (5) North, of Range Sixty-four (64) West of the Sixth (6th) P.M., and that part of the Southwest Quarter (SW}) of Section Thirty-five (35), in Township Five (5) North, of Range Sixty-jou- ,64) West of the Sixth (6th) P.M., described as follows; Ea$inning at the Southwest oorner of said Section 35, in said town- ship and range; thence South 890 41. 200 East 1,209.50 feet along the South line of arid Section 35; thence North 47 03' 50" West 322.74 feet; thence North 28 38' 200 Woa& 290.70 feet; thonoe North 18 08' 200 ,iesk • 189.51 feet; thence North 12 41' 400 Eas' 343.75 feet; thence North 23 31' 400 East 301.96 feet; thence North 17- 2,.' 10^ rest 9x'9.41 feet; thence North 57 40' 40" Eau 64.53 feet; there, north n06.0' 40" East 390.70 feet; thence North 34 41' 200 Wes b4.97 feet; thence North 820 40' 500 West 173.38 feet; thence South 72 36' 100 West 293.49 feet; thenoe Norte, 89 26' 50" West 819.67 feet to the West Quarter Corner (W;Cor.) of sail Section 35; thence South 000 00' 00" East along the West line to the southwest corner of said Section 35 and the True Point of be- ginning, containing exactly 44.13 acres, together with 10.95 shares of the capital stock of The Farmers Reservoir and Irrigation Company and two (2) shares of the capital stook of the Bailey Lateral Ditch Company, and any and all other ditch, water, irrigation and drairage rights appertaining to the said land. EXCEPTING, however, one half of all oil, gas and other minerals heretofore reserved. n • • • • • • • • 1 i ! f , L j r 0'4( cre7;Cr Opp 1468229 I v Oz. 1 i ) of •l a kO. 'y •.gym !PI r -e • ew !hilt]i� ,!, tOUCJM((ir!•RT= ! • • TOOETHER with .l and baguet the hereditament, gad appurtenances thereunto Miamian, or in any wise appertaining, sad the memoet sad reversions remainder and remainders, rents, issues and prdiu thereof; sad a0 the estate,Aght,We,knew. U.S and demand whatsoever of the said part leg of W fiat pan,either in kw or equity, of, in and to the above bargained premises.the bereditamenu and appormaau:eh TO HAVE AND TO HOLD the said premises above bargained and described• with appurtenances, unto the said pant of the secesit part,the survivor of them,their assign *,ti}be heirs sad assigns of such survivor for- ever. Awl the add peril"d the firm part,fothemarl Yea, hive executors, and administrators, de soveeat, smut bargain aad same to tad with the said pardes of the second put, the survivor of them, their assigns end the beta eM assigns of such striver,that at the time of the sweating and debve.ag of three presents. they stew.(,eyed of the premises shove cowed, es of good, sure.perfe t,abeduta and lndefnUble estate of kheritaace,I.taw,:n It..mpM,sad ba TO good right, full power sad lawful authority to not, berg,in, aid and awn.the an in manner and lena aforesaid.sad that the same or. hat and clear from all fame sad ether grants. barg.as, We, lien,, wet, atseaameau and Mcumbraras of whatever Mad or eaten sane: Except any liens and easements of record. Grantees assume and agree to pay the indebtedness to the Federal Land Bank of W)chtta, of Wichita, Kansas, as 'vldenced by a mortgage recorded 1n Book 1507, Page 224, of the Weld Count/ Records. eM tba above barpined praises In the quiet and peaceable pommies of the mid parties of the "coed part, the aenNur a teas, their assign W the heirs and assign of such survivor,anion fig sad every pesos err pa,... lawfully claiming et to claim the whets m say pan gbanal,the tW put Sea of the firm pert met and writ WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said panlelhf the fire pmt is,ye berme* enthe 1 hued S and al the day and year ant Wm trine • Slimed, Sealed W Der seed I. Me Pres of �/�illratr lr�tra�l�EF/lU�i'i' 41 (SEAL) fit-TACO k,18 Op•7' (SW.I • (SEAL STA 04.. DO.L• Thu kagoleg lnamaeat was acknowledged Wert a.this? day d ,.: \O r July Ip by ANDREW GERALD ORR tp $01AR •Y t and GRACE ELLA 0RR. -' %•C e J wrma man Hg orcIaI w a, o aaka mgrs -� __. Pb.izt /1966 or cc. ercia Pkaarrica wAEEAwrn DEED—Ts jar Tam a•...Yee—. 0 'a!9(y.-At° • Plat esJ� • • • u • _ FIELD CifECK FILING NUMBER 11 JC SLj Z,I7,p1Th `NAME `e 10. Ottt °data. C�G\ r1�k•sl REQUEST 5IAIIec W\SI0n t—X'eVh vY, • LEGAL DISCRIPTION 5E '- T5NN 1Qk04\IO LAND USE N si ( A Ih,,YA . S It W Y\ ClitAWA\ ZONING N taV CttiUmfriri LOCATION 7 ,,,,;\4O gas CAY1d�/o'st_ Vv:\� tf�SOU S I' 6 A€'cc-e . PtiaylcctiLAn"ckk/ J COMMENTS :)(lS\-‘v\‘r s- 4 \\rv` ati�pW.E W. .. Ova \`co \--`r. r�r cee\S Qe � av, 6_,. inn* \ecc\•k& a.., reer eavh fnov\- (Wee C IA-Ourca \a.�c-Q., II U • 0.0 \t. ` �o Val-no�I- t ?mow h 1 \ \ } .a� vet; &.Cps (?) Rnv.p61 Gv� _ O T ev\ \S\Gtnr` 1 . �cX � 0.ccesses. rry. C� 2.dZ 51 . By aa V Hello