HomeMy WebLinkAbout780832.tiff r. BOOK 843
Recorded at .u — _ o'clock .(5) .M AU G 2 8 1978
Corrected resolution d dented August O p 28, 1978 176.4817`
Rec. No. _._ Mary Ann Feuerstein, Recorder
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 64 - GREAT WESTERN SUGAR
COMPANY.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
CO
Rule Charter, is vested with the authority of administering the
s-i
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has reviewed the request of Great Western Sugar Company
0
for an exemption from the definition of "subdivision" and "sub-
divided land" in Section 30-28-101 (10) , CRS 1973 , as amended, and
CO
Section 2-1 of the Weld County Subdivision Regulations , and
c4 WHEREAS, the Board of County Commissioners find that Great
Western Sugar Company is the owner of a parcel of land in Part of
the Northeast Quarter of Section 6, Township 6 North, Range 64 West
of the 6th P.M. , Weld County, Colorado, more particularly described
as follows :
Lot "A" of Recorded Exemption 0801-6-1-RE 156
recorded January 20, 1975 in Book 730 under re-
ception No. 1652350.
Lot "B"
That certain parcel of land situated in Eh of
the NEa of Section Six and the W1 of the NWa
of Section Five, Township Six North, Range
Sixty-four West, Sixth Principal Meridian,
Weld County, Colorado, more particularly
described as follows:
Beginning at the Southeast corner of that cer-
tain parcel of land heretofore conveyed by N.V.
Carney to the Great Western Sugar Company by
Warranty Deed dal August 31, 1942, Rec. 905615,
thence East parallel to the North line of Sec-
tion Six and Section Five a distance of two
hundred sixty-six feet, thence South parallel
to the West line of the NW1/4 of Section Five three
hundred forty-three and ninety-two hundredths
feet to the South line of said Quarter; thence
West on the South line of the NWa Section Five
and the South line of NEa Section Six two
hundred sixty-six feet; thence North and parallel
to the Fast line of the NEq of Section Six throc
hundred forty-three and ninety-two hundredths
feet, nrre or less to the true point of beginning;
containing an area of 2.10 acres more or less.
'' % /.'a -o 47
780832
i J
BOOK 1764817
843
a -a
WHEREAS, Great Western Sugar Company desires to transfer a
2. 10 acre parcel of land to Mr. and Mrs. Ronald D. Kreps, 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 Commission-
ers 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 "sub-divided land" as set forth
in Section 30-29-101 (10) , CRS 1973, as amended, and in Section 2-1
of the Weld County Subdivision Regulations , and further finds that
said tract shall be considered a single lot.
The above and foregoing Resolution was , on motion duly made and
seconded, adopted by the following vote on the 21st day of August,
A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: «+ eGeb e, l
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Weld County C erk and Recorder
and Clerk to the Bo
eputy County erk
PR ,D AS TO FORM:
County Attorne
Date Presented: August 23 , 1978
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TO: Board of County Commissioners Date August 21 , 1978
Subdivision Exemption # 64
Applicant: Great Western Sugar Company
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972 , which defines the term subdivi-
sion:
Pt . EzNEq Section 6 and Pt. WLNW* Section 5,
both being in T6N, 1164W of the 6th P.M. ,
Weld County, Colorado.
The Planning Department has reviewed this request and recommends
that the request be approved for the following reasons:
DOES DOES NOT
X Require water
X Require sewer
X Create traffic problems
X Fall in flood plain
% Agree with Planning Commission policy
X Create housing
Y Agree with surrounding land use
X Meet all known requirements
COMMENTS: The Great Western Sugar Company would like to transfer
a 2. 10 acre parcel to Mr. & Mrs . Ronald D. ICreps who will combine
it with an adjacent 111 . 182 acre parcel they own. The Kreps intend
to use the 2 . 10 acre parcel as a tailpit for water . This parcel
received the natural drainage of water because of the lower eleva-
tion than that of the adjoining farmland.
Z ning Administrator
Board of County Commissioners June 29, 1978
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
ATTENTION: Mr. Tom Bonn
Gentlemen:
The undersigned, The Great Western Sugar Company ("GWS") , as Seller, and
Ronald D. Kreps and Janet P. Kreps ("Kreps") , as Purchasers, hereby request
permission to the subdivision and transfer of a 2.10 acre parcel of land located
in the E 1/2 of the NE 1/4 of Section 6 and the W 1/2 of the NW 1/4 of Section 5,
both in Township 6 North, Range 64 West, 6th P.M. , Weld County, Colorado.
GWS is the owner of Lots A and B as shown on the attached Exhibit I, and
wishes to subdivide and sell Lot B to the Kreps. The Kreps are the owners of the
farmland described as Lot C on said exhibit. Because the elevation of Lot B is
somewhat lower than that of the surrounding properties and it receives the natural
drainage of water, the Kreps intend to use Lot B as a tailpit for water to be used
on their adjoining farmland, and they hereby represent that in the event permission
is granted to subdivide this parcel , the land purchased will become an integral
part of their present farm. GWS will retain the right to the flow of water from
its beet receiving station (Lot A) over and onto Lot B.
The legal descriptions of Lots A and B are attached as Exhibits II and III,
and the legal description of Lot C is set forth on Exhibit I . For your information,
we are also enclosing copies of the Deeds conveying the respective lots to the
parties, as well as a copy of the Agreement between GWS and the Kreps relating to
the purchase and sale of Lot B.
It is respectfully requested by the parties that the Board grant permission
to the subdivision of this property as set forth above. Any notices or requests for
additional information should be sent to the respective parties at the addresses
listed below.
Yours very truly,
The Great Western Sugar Company
By J4 ' +
Senior Vice President
P. 0. Box 5308
Denver, Colorado 80217
Attention: Legal Department
l Ronald D. Kreps
ti
Janet P. Kreps
SH:df Route 1 , Box 47-A
Enclosure Eaton, Colorado 80615
EXHIBIT II
GALETON LOT A
DWG. 17516
That certain parcel of land situated in the E'k of the NE's of
Section six and IA of the NW's of Section five, Township six north,
Range sixty-four west, sixth principal meridian, Weld County,
Colorado, more particularly described as follows:
Beginning at the southeast corner of that certain parcel of
land heretofore conveyed by N. V. Carney to the Great Western Sugar
Company by Warranty Deed dated August 31, 1942 - Rec. 905615;
thence east parallel to the north line of section six and section
five a distance of two hundred and sixty-six feet; thence north
and parallel to the west line of the NWk of section five a distance
of two hundred forty-seven and forty-four hundredths feet; thence
east parallel to the north line of the NW's of section five, fifty
feet; thence north parallel to the west line of the NWk of section
five eight hundred twenty-eight and eighty-six hundredths feet;
thence west parallel to the north line of the NWk section five and
the NE's of section six to the northeast corner of said deed, Carney
to Great Western Sugar Company, three hundred sixteen feet; thence
south parallel to the east line of the NE; of section six and coin-
cident with the east line of said deed to the true point of beginn-
ing one thousand sixty-six and three tenths feet. Containing seven
and fifty-two hundredths acres more or less .
WPK
6/22/78
EXHIBIT III
GALETON LOT B DWG. 17516
That certain parcel of land situated in E 1/2 of the NE 1/4 of Section
Six and the W 1/2 of the NW 1/4 of Section Five, Township Six North,
Range Sixty-four West, Sixth Principal Meridian, Weld County, Colorado,
more particularly described as follows:
Beginning at the Southeast corner of that certain parcel of land
heretofore conveyed by N. V. Carney to the Great Western Sugar Company
by Warranty Deed dated August 31 , 1942, Rec. 905615, thence East
parallel to the North line of Section Six and Section Five a distance
of two hundred sixty-six feet, thence South parallel to the West line
of the NW 1/4 of Section Five three hundred forty-three and ninety-two
hundredths feet to the South line of said Quarter; thence West on the
South line of the NW 1/4 Section Five and the South line of NE 1/4
Section Six two hundred sixty-six feet; thence North and parallel
to the East line of the NE 1/4 of Section Six three hundred forty-
three and ninety-two hundredths feet, more or less to the true point
of beginning; containing an area of 2.10 acres more or less.
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July 21 , 1978 •
•
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Ms. Shirley Hendren
Senior Legal Assistant
Great Western Sugar Co.
P.O. Box 5308
• Denver, CO 80217 •
ATTN: Legal Department
RE: Request for a subdivision exemption on a parcel of land described
as the ELNE* Section 6 and Pt . W-NW* Section 5, lioth in T2N, R64W
of the 6th P.M. , Weld County, Colorado .
•
Dear Ms. Hendren :
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 August 21, 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 appli-
cation.
If you have any questions with regard to this matter, please do not ,
hesitate to contact our office.
Respectfully,
Chuck Cunliffe I
Assistant Zoning Administrator
CC:kmh
•
cc: Mr . & Mrs. Ronald D. Kreps
Route 1 , Box 47-A .:.
Eaton , CO 80615
O cy
No. 848172
RECEIPT FOR CERTIFIED MAIL "
NO INSURANCE ILO
NOT FOR(INTERNATIONAL MAIL
(See Reverse)
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POSTAGE $ /
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2 O SHOWTO WHOM.DATE AND c Add your address in the "RETURN TO" space on
U ADDRESS OF DELIVERY WITH S m<rse.
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RESTRICTED DELVERY `J ' g
TOTAL POSTAGE AND FEES $
83 1. The following service isrequested (check one).
m to .Q Show to whom and Mate delivered • 252
nPOSTMARK OR DATE •
. o Show to whom,date;&address of delivery 454
as - m ❑ RESTRIt•11:D DE• LIVERY.
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Show to whot�i,dare,and address of delivery ..$1.05
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REGISTERED NO. CERTIFIED NO. INSURED NO.
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COMPANY
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July 14, 1978
Mr. Thomas E. Honn, Zoning Administrator
Weld County Department of Planning Services
915 10th Street
Greeley, Colorado 80631
Dear Mr. Honn:
I am enclosing a letter, with exhibits attached, to the
Board of County Commissioners requesting permission to subdivide and
transfer the 2.10 acre parcel at Galeton. The letter has been signed
on behalf of the Sugar Company and by Ronald and Janet Kreps.
Some minor changes have been made by our surveyor on Exhibit I ;
therefore, you should disregard the drawing which I sent to you by letter
dated June 12, 1978.
If everything appears to be in order, I would appreciate it
if you would present the materials to the Board of County Commissioners
for consideration.
Thank you for your assistance in connection with this matter.
If you have any questions, please do not hesitate to call .
Yours very truly,
#7C-delte—Y
Shirley ndren
Senior Legal Assistant
SH:df
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POST OFFICE BOX 5308 • DENVER,COLORADO 80217 • (303)893-4600 • A SUBSIDIARY OF GREAT WESTERN UNITED CORPORATION
Board of County Commissioners June 29, 1978
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
ATTENTION: Mr. Tom Honn
Gentlemen:
The undersigned, The Great Western Sugar Company ("GWS") , as Seller, and
Ronald D. Kreps and Janet P. Kreps ("Kreps") , as Purchasers , hereby request
permission to the subdivision and transfer of a 2.10 acre parcel of land located
in the E 1/2 of the NE 1/4 of Section 6 and the W 1/2 of the NW 1/4 of Section 5,
both in Township 6 North, Range 64 West, 6th P.M. , Weld County, Colorado.
GWS is the owner of Lots A and B as shown on the attached Exhibit I , and
wishes to subdivide and sell Lot B to the Kreps. The Kreps are the owners of the
farmland described as Lot C on said exhibit. Because the elevation of Lot B is
somewhat lower than that of the surrounding properties and it receives the natural
drainage of water, the Kreps intend to use Lot B as a tailpit for water to be used
on their adjoining farmland, and they hereby represent that in the event permission
is granted to subdivide this parcel , the land purchased will become an integral
part of their present farm. GWS will retain the right to the flow of water from
its beet receiving station (Lot A) over and onto Lot B.
The legal descriptions of Lots A and B are attached as Exhibits II and III ,
and the legal description of Lot C is set forth on Exhibit I. For your information,
we are also enclosing copies of the Deeds conveying the respective lots to the
parties , as well as a copy of the Agreement between GWS and the Kreps relating to
the purchase and sale of Lot B.
It is respectfully requested by the parties that the Board grant permission
to the subdivision of this property as set forth above. Any notices or requests for
additional information should be sent to the respective parties at the addresses
listed below.
Yours very truly,
The Great Western Sugar Company
By
Senior Vice President
P. 0. Box 5308
Denver, Colorado 80217
Attention: Legal Department
G3
Ronald
D. Kreps
Janet P. Kreps
SH:df Route 1 , Box 47-A
Enclosure Eaton, Colorado 80615
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derorder
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1 it , I� �; ARi tpp .-. -
�y: II THIs I)Ehll. 'I i v 1st RECORDER'S STAMP
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I It lit between .:,iel I March „.
e. J. •-:otis ,
Hs , dote
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Slate Docurnentary Fee I .
A of the County of We 1 d
t— and state oe MAR 2 1978
.--1 Colorado,of the first part,and Dalg •
7 Ron a.ld D. Kreps and Janet F. Kreps s___ .�
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t wboae legal addrcas is 35885 Grand View Dr. , Eaton, Co
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of the County of Weld and State of Colorado,of the second part:
• W ITNESSETH,that the said part i e s odes firstpart,for a in consideration of thesumo!
•
n •Ocher. Good end Valuable Considerations and Ten and n and no/100----DOLLARS,.a
M
M to the said part leS cf the fast part in hand paid by the said parties of the second part, the receipt whereof is s-1
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hereby confessed and acknowledged,ha we granted, bargained,sold and;onvoyed,and by these presents do - H
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grant,bargain,sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever,not •
r in tenancy in common but in joint tenancy,all the folios'mg described lot - or parcel - of land,situate,lying and O
being in the County of Weld and State of Colorado,to wit.
Pl Lot "A" of Recorded Exemption No. 0801-6-1-RE 156, recorded January 20, 1975, in `y I Book 730 under Reception 'In. 1652350, Welt r.-unty ;n,-ords, being a portion of th tv
Northeast Quarter CNE1/4) of Section t tt I, North, Range 64 West of the 11
6th P.M., County oe. Weld, State cf o) aclo '.r
elf therein; a mortgage to The federal and Bar 4' ',.II I`
October 2, 1974, and recorded October 11 to 1 r sa,Copt nn, date
•
1646639, which parties of the second '. k S r . '�,r.pt ion No.
in Weld County, Color,'in "° o r"" t �I11 recorded
Together wins; ,_.: undivided Cale-IiaL. 2) interest in all nurerla rights, contain-
ing 111.132 acres, ^ore or less. `
�ry� alsoknowmasstreetandnumber 35885 Grand view Dr. , Eaton, Coz., IlkTOGETHER with all and singular the hen e r .:.d appurtenal:cts thereunto belonging, or in anywise
�Y '' appertaining, the reversion and re rsions remainder and enai d s rents,Issues and profits thereof;and all floe Ay�testate right, title, interest claim nd demand whatso .eI of the sail part les of the first part,either in law or �[,j a equity,of in and to the abase bargained premises, with the herediaments and appurtenancesTO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said
rnarties of ih: second part,their heirs and aurgns forever. And the said art ie= 7 T:
P of the first part,for them nil -1
seI ties. their heirs, execs ., and nimintuatara do -
rcvr an;.grant,bargan and agree to and with
* the acid parties of the second pan th s heirs oral assigns.th.t : t, G:.,of the ensealing and delivery'of these pres-
enbt hey are cell se aed of the premises above conveyed as of good, sure. perfect, absolute and indefeasible r iestate of inheritance :n law,in fee simple,:itd ha yr good right, full power :cod lawful authority to grant, bar-
eain, sell and covey the same in manna' and form aforesaid and that tI, sans'are^nd other grants,bargains, sales, hens, taxes,assessment am en.urn!rarres't wharner kinddorinaturreear ooever.m all o�rr "4.:..1::1.-..,.4.-:...
Subject to 1978 taxes payable in 1979 o ii .l .vernaltal reeuladBookbuildi
and zoning ordinan. es;rights of way r( ordeal in Back ls1 log1e 40'; and Rook 86Page 73;easement recorded in Book, 5l and rFr t.',:'. Jo, 1427512; re se rvat ion
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recorded in Book. 13,1 P ge 5r ae ' an r 1 i st •ir nts `ereof or interests
and the above bargained premises In the qu t a:d I a n th, aheirs and assigns,apt ' all and eve r Dart o( le s and Pt th thof,: 3 > Pr r r I ..toll I ins t th h I. r e q Part theca(, ,,.the said pant lea of the tnt pat hall nd .s IRF11tANI AND F,'LEI ki UYFkND
1N WITNESS WH EOF [he soul p rt . f th f rl t l�'. I ,a r ,r.r. e, hand and
seal s the day and y ar first aD written
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I' Signed,Sealed and Delivered in rho Presence f •
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I. �` Sheet i oft
I . 'RECORDE➢ EXEMPTION NO , u$0I- 6- I- RE 156
i LEGAL DESCRIPTION
Part of the Northeast Quarter (NE ) of Section 6 , Township 6 North ,
Range 64 West of the 6th P .M . , Weld County , Colorado , being more par-
ticularly described as follows :
Beginning at the North Quarter Corner (N* Cor) of said Section 6 , and
considering the North line of said Section 6 as bearing North 89 59 ' 37'
East , with all other bearings contained herein relative thereto ;
Thence South 01° 08 ' 58" West , 30 . 01 feet to the True Point of Beginning ;
Thence North 89° 59 ' 37" last , 1438 . 80 feet ;
Thence South 00° 27 ' 37" West , 307 . 11 feet ; .
Thence North 89°59 ' 37" East , 140 . 00 feet ; ar�
Thence South 00°27 ' 37" West , 564 , 31 feet ; , l,}', j
Thence North 89° 32 ' 23" West , 250 .00 feet ; 0i_ )1 /1
Thence South 00° 27 ' 37" West , 290 .00 feet ;
' Thence South 89° 32 ' 23" East , 250 . 00 feet ; / ` s%
Thence South 00°27 ' 37" West , 40 . 00 feet ;
Thence South 89° 32 ' 23" East , 815 . 29 feet ;
Thence South 00°10 ' 37" West , 1 . 89 feet ;
Thence North 89° ! 9 ' 23" West , 125 . 00 feet ; N .--/
I Thence South 00° !0 ' 37" West , 1066 . 30 feet ; �— - ''�
i Thence South 8 : 9 ' 23" East , 125. 00 feet ;
Thence South 0V 1x ' 37" West , 336 .57 feet ;
Thence North 89°59 ' 48" West , 2420 . 23 feet ;
Thence North 01 °08 ' 58" East , 2612 . 80 feet to the True Point of Beginning .
Said described parcel of land contains 116 . 182 Acres , more or less , and
iis subject to any rights-of-way or other easements as recorded by
instruments' of record or as now existing on said parcel of land .
1 ,t AesR,E,; ,
���'YE kEFrr
{ I hereby certify that this plat was prepared under my superV.f�gfoisi ciER..c4'„
and the same is correct to the best of my knowledge and bel^let• '+
* .0 439 i.
e 5'u'r.5can � .a
1 JASPER 1REE4L"gyp, Colorado P .E . & L. S . No . 4392 of .
e E vs Y
1�'ff ). vasNt %b. \"'y• e
4444 IE /I f' t `h4`,.,0�.
I We , T. S . Collins ; r . and Cornelia R . Collins., being the sole��oi�+f9@`i`s
in Cee of the above described property , do hereby subdivide the same
as shown on the attached map .
�� t f_«C�G', c ., -u
T. S . Co lins , J� Cornelia R. Collins
The foregoing certification was acknowledged before me this j7 a day of Deye.vwimar A .D . 19 7q
I My Commission ExpiresExpires______Dmailtn 15
Notary Public _KCJC a...J e _ `' Jamc_L
Witness My Hand and Seal ,
The acco panying plat is accepted and approved for filing .
1 IAIRMAN OF THE BO '
D OF C NTY COMMISSIONERS
, ���--
� ATTEST: County Clerk -
}
Dated / - / Y 75
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.1 `, (� [! C ./..//t<-t+-C C
_, , t' . I'vr oru I at �1 ticluck C'�"1A:..DEC.._._.6.197`) i- .
• 983 _ r y74 ._ .
kcc. , ���`�� �� P.a y Ann rcuer ,cin, Rea.,,;er
`Y1-e�� It q tcL s/n} 'H ORIGINAL
,11 -it H8e C. D. No. 52622-17 ,
f
• QUITCLAIM DEED
/�' THIS ,DEED, Made as of the 2G day of '
(/L/�0�/ C/tiu
1976 , between UNION PACIFIC RAILROAD
D COMPANY, a corporation duly organized, incorporated and
..1 existing under and by virtue of the laws of the State of o
Utah , Grantor , and THE GREAT WESTERN SUGAR COMPANY, a
9 corporation of the State of Delaware, Grantee:
I:,
n WITNESSETH, That the Grantor, for and in consider.a- -,
- tion of the sum of six: thousand six hundred twenty-nine dol1 ^rc t-'
D O
n and eighty-two cents ($6 , 629 . 82) in hand paid, the receipt
whereof is hereby confessed and acknowledged , does hereby
REMISE , RELEASE AND QUITCLAIM to the Grantee, its successors
and assigns , forever, all its right, title and interest in
71
and to the real estate situate in the County of Weld , State S.
I of Colorado, described in Exhibit A, hereto attached. ..'n
I
.) ',
n This deed is made SUBJECT to the following: cu
L.,
All taxes and all assessments , or, if payable in
-I installments , all installments of assessments , levied
✓ I I upon or assessed against the premises described in Ex-
O t
NJ 1 hibit A which became or may become due and payable in
oal the year 1976 shall be prorated as of the date of this
ectN`i deed between the Grantor and the Grantee, and the
Grantee assumes and agrees to pay, or to reimburse
• c4 G the Grantor for, if paid by it, all such taxes and
0 4 I assessments and installments of assessments applicable
„ I I to the period subsequent to the date of this deed and
6 o I assumes all taxes and all assessments and all install-
6a w ments of assessments which may become due and payable
after such year.
'1 It is expressly understood that the subjacent support
of the premises described in said Exhibit A may have been im-
paired by mining operations heretofore carried on beneath the
surface thereof, and the quitclaiming of said premises is upon
4Q-\4°- the condition that 1 h(c�G4antor, its successors and assigns,
0 �q shall not be li`gt3.,_± r.!( ta-ila�l s resulting therefrom.
IN WSTNEIW ';5i 6; :the Grantor has caused these
presents to be sig`.rU b� il8 -Vice President and attested by
its Assistante-Crc-t+al;y, and its 'corporate seal to be here-
unto affixed blip,-d. y and year- first above written.
� •, \ 7 ;".
Attest : A.N. ' -,- ' ' UNION PACIFIC RAILROAD COMPANY,
.�,t�._.z�._ (Seal) By /'t- .e- C
Assistant Secre try • /Vice President
7
u f
. ,g83
i 705171
y,a
STATE OF NEBRASKA )
ss.
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me
this 27?" day of Or �Q�i , 197C_ ,
by C. B. SCHAEFER, Vice President of Union Pacific Railroad
Company, a Utah corporation, on behalf of the corporation. •
is E R,yt: S
j
NOTARY V.
S COMMISSION *
* L EXPIRES
d' 4\4
tt�1 `OF , 4 Notary Public
(Seal)
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783 1705171
9 :3
C. D. No. 52622-17
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EXHIBIT A •
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A parcel of land situate in the Nt4 of Section 18,
Township 6 North, Range 64 West of the Sixth Principal Meridian
in held County, Colorado, bounded and described as follows :
Beginning at a point on the north line of said Section
18 that is 100.0 feet distant northwesterly, measured at right
angles, from the center line of the abandoned main track of the
Pleasant Valley Branch of the Union Pacific Railroad Company as
formerly constructed end operated, said point also being 1881.03 .
feet, more or less, east from the northwest corner of said Section
18; •
thence S. 24° 52t W. , along a line parallel with and
100.0 feet distant northwesterly, measured at right angles, from
said center line of main track, a distance of 1208.0 feet;
thence southeasterly at right angles, a distance of
100.0 feet to a point in said center line of abandoned main
track;
thence N. 24° 52t E. along said center line of abandoned
• main track, a distance of 1253. 75 feet, more or less, to a point
in said north line of Section 18 that is 1991.0 feet east from
the northwest corner of said section;
thence west along said north line of Section 18, a
distance of 109.97 feet to the point of beginning.
Containing an area of 2.83 acres, more or less.
Lake.teni Also .a parcel of land situate in the NW4 of Section 5
and in the NE?‘ of Section 6, Township 6 North, Range 64 West of
the Sixth Principal Meridian in Weld County, Colorado, more
particularly described as follows :
Commencing at the northwest corner of Section 5 ;
thence east along the north line of said Section 5, a
distance of 119.0 feet to a point 216.0 feet distant easterly,
measured at right angles from the center line of the abandoned
original main track of the Pleasant Valley Branch of the Union
Pacific Railroad Company, as formerly constructed and operated;
.
ins 1705171
LIA
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thence southerly along a line parallel with said center
line of abandoned original main track, a distance of 1237.14 feet
to the True Point of Beginning, said point being the southeast
corner of that certain parcel of land heretofore conveyed by
Union Pacific Railroad Company to Roy H. Nix and Irene Nix by
Quitclaim Deed dated January 8, 1976, UPRR Co. L. S. D. A. No. 4381;
thence continuing southerly along the extension of the
last described line, a distance of 828.86 feet;
thence west parallel with the north line of said Section
5, a distance of 50.0 feet to the intersection with a line parallel
with and 166 .0 feet distant easterly, measured at right angles,
from said center line of abandoned original main track;
thence southerly along said parallel line to the south
line of said NA of Section 5;
thence west along said south line to the west quarter
corner of said Section;
thence continuing west along the east-west center line
of said Section 6, a distance of 197.0 feet;
thence north parallel with and 197.0 feet distant west,
measured at right angles, from the east line of said Section 6,
a distance of 1410.22 feet, more or less, to the southwest corner
of said parcel of land conveyed to Roy H. Nix and Irene Nix;
thence east along the south line of said deeded parcel
of land to the True Point of Beginning.
Containing an area of 9 .56 acres, more or less.
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AGREEMENT /J
THIS AGREEMENT, made this // day of '94c, , 1978,
between THE GREAT WESTERN SUGAR COMPANY, a Delaware corporation,
hereinafter called "Seller, " and RONALD D. KREPS and JANET P. KREPS,
FP9k RK
Route 1, Box 474, Eaton, Colorado, hereinafter called " Purchasers" ;
W I T N E S S E T H:
1. Purchasers agree to purchase and Seller agrees to
sell to Purchasers the following described property located in the
County of Weld, State of Colorado, to-wit:
That certain parcel of land situated in the
E 1/2 of the NE 1/4 of Section Six and the W 1/2
of the NW 1/4 of Section Five, Township Six North,
Range Sixty-Four West, Sixth Principal Meridian,
more particularly described as follows :
Beginning at the Southeast corner of that
certain parcel of land heretofore conveyed by
N. V. Carney to The Great Western Sugar Company
by Warranty Deed dated August 31, 1942, Rec.
905615, thence East parallel to the North line
of Section Six and Section Five a distance of
two hundred sixty-six feet, thence South parallel
to the West line of the NW 1/4 of Section Five
three hundred forty-three and ninety-two hundredths
feet to the South line of said quarter; thence
West on the South line of the NW 1/4 Section Five
and the South line of NE 1/4 Section Six two
hundred sixty-six feet; thence North and parallel
to the East line of the NE 1/4 of Section Six
three hundred forty-three and ninety-two hundredths
feet, more or less to the true point of beginning;
containing an area of 2. 10 acres more or less.
RESERVING unto Seller, however, the right to
the natural drainage of water from Seller ' s
adjoining property upon, over and across the
above-described property;
together with all and singular the hereditaments and appurtenances
thereto.
2. Purchasers agree to pay to Seller, as the purchase
price of said property, the sum of $1680. 00 in the following manner:
$200. 00 upon the execution of this Agreement, the receipt whereof
is hereby acknowledged, and the balance thereof in the amount of
$1480. 00 in cash or certified check on the date of closing.
3. This Agreement is contingent upon the parties
obtaining approval of the subdivision of the subject property and
adjacent property owned by Seller, by the Board of County Commissions
pursuant to Weld County Subdivision Regulations. The parties
hereto agree to cooperate in the providing of all information and
documents required by the Board in order to obtain approval of
the subdivision of lands, as well as to attend whatever meetings
of the Board of County Commissions may be required. Purchasers
further agree to pay any application fees or other costs incurred
in connection with the subdivision of the property. In the event
said application for approval is not made within thirty days from
the date hereof, this Agreement shall be null and void and of no
further force and effect, and Purchaser's earnest money deposit
shall be returned by Seller. -
4. Subject to paragraph 3, upon the performance by
Purchasers of all the covenants and agreements contained herein,
the Seller will deliver an executed Quit Claim Deed to Purchasers
in joint tenancy, covering the property set forth in paragraph 1.
5. The closing of this transaction shall be held within
thirty days after receipt of notice of approval of the subdivision
from the Board of County Commissions of Weld County, Colorado, the
exact date, time and place of the closing to be mutually agreed
upon by the parties hereto.
6. General taxes for the year 1978, payable January 1,
1979, shall be paid by Purchasers, and Seller agrees to pay to
Purchasers its pro rata share thereof at closing.
7. This Agreement, or any interest therein, shall not
be assigned without the written consent of Seller first being
obtained.
8. It is mutually agreed that time is of the essence
in this Agreement. In the event of failure or default of the
purchasers in the payment of the purchase price or in the per-
formance of the covenants agreed to be made and performed by
Purchasers, this Agreement may be terminated at the election
of the Seller, and if so terminated Purchasers shall forfeit
all payments theretofore made and such payments may be retained
-2-
by Seller as full satisfaction and liquidation of all damages
the Seller may have sustained.
9 . It is further expressly understood and agreed that
all of the covenants and agreements contained herein shall extend
to and be binding upon the heirs, successors , executors , legal
representatives and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
ATTEST: THE GREAT WESTERN SUGAR COMPANY
anIan GSe rota r`j ( By ,Senior Vice Secretar Senior Vice Presi
61 e-a D: 7-(
Ronald D. Kreps
irJ e�P. Kr e
STATE OF COLORADO )
) ss
COUNTY OF 'Al [(1 )
The foregoing instrument was acknowledged before me
this /7 day of i* , �,/,�_ , 1978, by Ronald D. Kreps and
Janet P. Kreps . '� .
Witness my hand and official seal.
Mx
My commission expires Commission expires May 27, iSiti.
.`7
Notd is
STATE OF COLORADO )
ss
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
this ‘ day ofr , 1978, by Robert E. Munroe as
Senior Vice President, and George Clough as Assistant Secretary,
of The Great Western Sugar Company, a corporation.
Witness my hand and official seal.
My commission expires /9 /98/
Notary Public
-3- /
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• Recorded nt.......� ._^.o'c1oek... `<.Tt1. OM 1 3 7'11'1 '0�•c.�/�/t� I'AG[!��'7
Reception No......'_:.. .'.`. !- y..• .•17 "r
";• 111 ItecurJor,
Tills DEED,'s I1, do of Of
1 I Made this t-: i-t -first y August in the year 3(
our Lord one thousand nine hundred and forty-two between 161 \
N. V . Carney, 1
A L 1't it
1 id
of the County of Weld and State of Colorado, of the first part,
• and The Great Western Su:tar Company, a corporation or;eanized and
existing under and by virtue of the laws of the State of
New Jersey,
of-&e- Gonnty-of- -and,Stote-ef-Coloredu, of the second part;
WITNESSPTII, That the said part y of the first part, for and in consideration of the sum of
Ten (f':1O.OO ) DOLLARS,
and other good and valuable considerations .
to the said part y of the first part in hand paid by the said part y of the second part, the
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con- i
veyed, and by these presents do es grant,bargain, sell, convey and confirm unto the said part y I
successors
of the second part , its4ieirs and assigns forever, all the following described lot or parcel
of land situate, lying and being in the County of Weld and
State of Colorado, to-wit: That certain parcel of land situated in the
East half (E�) of the tort-react quarter (tdE °) of Section six (6 ) ,
Township six (6 ) North, Rance sixty-four (64 ) West of the Sixth
1
Principal Ideridian, more particularly described as follows :
Beginning at a point on the west right of way line of the
Union Pacific Railroad Company, which said point is 124O feet
south and 197 feet west of the northeast corner of said Section
-6; thence south on said west right of way line of the Union
Pacific railroad Company 1066 .3 feet to a point ; thence west at
right angles to said west right of way line of the Union Pacific
Railroad Company 125 feet to a point ; thence north parallel to
said west right of way line of the Union Pacific Railroad Company
1066 .3 feet to a point ; thence east at right angles to said west
right of way line of the Union Pacific Railroad Company 125 feet
to the point of beginning; containing 3 .06 acres, more or less;
Subject to all liens, taxes, assessments and charges, if any,
now or hereafter payable, levied, assessed or imposed upon,
against or with respect to the said premises hereby conveyed, or
any part thereof, for or on account of Northern Colorado Water
Conservancy District .
``1,'''.'V f r.411 1 'I it
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NO. NM 1^,. wnnttANT\ ul: n.-•rl,o nt.at„r,i U.'.i,,.o,,rlr.t'',hit,.,a„ha,.,,nr.r.n:W ah,i,L., 48 ... ,•
- ---� -' «^-,^.✓I �Ntnnt la..l urvrr,Cnh,,
BOOKIttA PAGEJO2.•.
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TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said
part y of the first part either in law or equity, of, in and to the above bargained premises, with
• the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte-
nancesunto The Great Western Su7ar Company,
• successors
the said part y of the second part , i t s/ heirs and assigns forever.
And the said N . V . Carney,
part y of the first part,
for him sel f, his heirs, executors and administrators, do e s covenant, grant, bargain
successors
and agree to and with the said part y of the second part, its heirs and assigns, that at the
time of the ensealing and delivery of these presents he is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee
simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the
same in manner and form aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever.;
except as aforesaid;
_. _.-. ,,._ ^,.. _ .._._..._ ._.. ._._._...__. _.w.._.. . ._. . ' .,..._ ___ �._. _ _ . ..
and the above bargained premises in
Succor^ors
the quiet and peaceable possession of the said part y of the second part , i t s/ lu+iwl and
assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, tlm said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part y of the first part ha e hereunto set his
hand and seal the day and year first above written.
Signed, Sealed and Delivered in Presence of [SEAL]
[SEAL]
[SEAL] .
[SEAL]
i
STATUTORY ACKNOWLEDGMENT, SESSION' 1927 j
i
STATE OF COLORADO, }is.
I
County of 17eld 1
The foregoing instrument was acknowledged before me this r3/ day of
1942 , by N. V. Carney.
.
Witness my hand and official seal./
3T;- commission empires ,,e--(/,�� , �
A ; •• •• f`�• / Notary Public.
''.': , 1 .. ,( , ,t
`C • t••a Fy natural person or persons here insert name or name.; if by person acting in representative or official capacity or as attorney-
la.Yact, th,' crtaert name of person as executor, attorney-in-fact, or other capacity or description: if by officer of corporation, then insert
ine(ne of such officer-43r..`leers, as the president or other officers of such corporation, naming it, •
't:•''° a fl I. ••�
,.,.4rvteovon AS m Pave
AND gxtceTWn
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at vattAI,coups 62, L,
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PILING NUMBER:: '' St- to DATE OF INSPECTION : Z
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NAME : GAN Jvar �1`O v"e s
REQUEST: SIA\tc11s. kA .-e
LEGAL DESCRIPTION: Pt. Mod, �,C�' (a '&14.. tW4 V
LAND USE : N Tow t1 ito CTOle.kar1
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ZONING : N kwvear,
LOCATION: /4 rv,t,,•R,
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COMMENTS :
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