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Home My WebLink About790856.tiff °°4 - ��`� 0CT 111979 cD �-� p Recorded at .......`_t__.._..._._.._... o'clock 7�o M.._..._._.._._ CD 884 Rec. No....__180608'0 Lft wK a iw RESOLUTION 3 - / 44"" State of Colorado, Weld County Clerk & Recorder RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 107 - DAVID ADOLPH AND THE COLORADO DIVISION OF WILDLIFE. 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 , the Board of County Commissioners of Weld County, Colorado has reviewed the request of David Adolph and the Colo- rado Division of Wildlife for an exemption from the definitions c> of "subdivision" and "subdivided land" in Section 30-28-101 (10) , c,. .-1 CRS 1973, as amended, and Section 2-1 of the Weld County Subdi- vision Regulations, and WHEREAS, the Board of County Commissioners finds that David Adolph and the Colorado Division of Wildlife are adja- cent property owners in Part of the South Half of Section 21 , Township 5 North, Range 65 West of the 6th P .M. , Weld County, Colorado. Mr. Adolph wishes to convey 20 acres , more or less , to the Colorado Division of Wildlife in exchange for the Colo- rado Division of Wildlife removing a perpetual hunting easement on the balance of Mr. Adolph' s property. The parcel of land being conveyed by Mr. Adolph to the Colorado Division of Wild- life is described as follows : Part of the South Half of Section 21 , Town- ship 5 North, Range 65 West of the 6th P .M. , Weld County, Colorado being more particularly described as follows ! All of the West Half of the Northwest Quar- ter of the Southeast Quarter: the West Half of the Southwest Quarter of the Southeast Quarter; and the Southeast Quarter of the Southwest Quarter of said Section 21 , EXCEPTING therefrom the parcels described under Reception No. 1496531 in Book 575 at Page 333 , dated October 6 , 1966 and under Reception No. 1496532 in Book 575 at Page 334 , dated October 6 , 1966 ; ALSO EXCEPTING a parcel of land being more particularly described as follows : Beginning at the South Quarter Corner of said Section 21 and considering the South line of the West Half of the Southwest Quarter of the Southeast Quarter of said - 790856 d° RAC 1806080 c. 3- 2 Section 21 as bearing North 89°57 '01" East, with all other bearings contained herein relative thereto: Thence North 89°57 '01" East, along said South line, 658 .97 feet; Thence North 00°00 ' 45" East, 1491 . 33 feet: Thence South 63°49 ' 24" West, 469 . 11 feet; Thence South 55°13 '16" West, 326 . 55 feet; Thence South 11°19 ' 49" West, 123 .92 feet; Thence South 52°04 ' 01" West, 487 .01 feet; Thence South 57°40 ' 54" West, 733 . 83 feet; Thence South 03°51 '06 " West, 139. 18 feet; Thence South 89°50 ' 16" East, 105. 21 feet; Thence South 01°20 ' 26" West, 167 .26 feet to a point on the South line of. the South- east Quarter of the Southwest Quarter of said Section 21; Thence North 88°45 ' 40" East, 966 . 81 feet to the South Quarter Corner of. said Sec- tion 21, said point being the Point of Beginning. Said described parcel of land contains 35.412 acres, more or less, including a strip of ground 30 feet in width along the South line of said described parcel reserved for county road right-of-way purposes and is subject to any rights-of-way or other ease- ments as recorded by instruments or record or as now existing on said described parcel of land. The resultant tract of land owned by Mr. Adolph is described as follows : Part of the South Half of Section 21 , Town- ship 5 North, Range 65 West of the 6th P .M. , Weld County, Colorado being more particularly described as follows : Beginning at the South Quarter Corner of said Section 21 and considering the South line of the Southeast Quarter of said Sec- tion 21 as bearing North 89°57 ' 01" East, with all other bearings contained herein relative thereto; Thence North 89°57 '01" East, along said South line, 658.97 feet; Thence North 00°00 ' 45" East, 1481. 51 feet; Thence North 00°00 ' 45" East, 9 . 82 feet; Thence South 63°49 ' 24" West, 469 .11 feet; Thence South 55°13 '16" West, 326 . 55 feet; Thence South 11°19 ' 49" West, 123 .92 feet; Thence South 52°04 '01" West, 487 . 01 feet; Thence South 57°40 ' 54" West, 733 . 83 feet; Thence South 03°51 '06" West, 139 .18 feet; Thence South 89°50 '16" East, 105 . 21 feet; Thence South 01°20 ' 26" West, 167 . 26 feet to a point on the South line of the Southwest Quarter of said Section 21; Thence North 88°45 ' 40" East, along said South line, 433 . 23 feet; Thence North 00°50 ' 09" East, 310 . 50 feet; Thence North 88°45 '40" East, 400 . 00 feet; Thence South 00°50 ' 09" West, 310 . 50 feet; V- 884 1806089 • 3 -3 Thence North 88°45 ' 40" East, 133 . 58 feet to the South Quarter Corner of said Section 21 said point being the Point of Beginning. Said described parcel of land contains 32 .653 acres, more or less, including 0 . 845 acres, more or less, reserved for county road right- of-way purposes and is subject to any rights- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the abovedescribed parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the resultant tracts of land owned by David Adolph and the Colorado Division of Wildlife be, and hereby are, considered to be single lots . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of October, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS T D COUNTY, COLORADO (Aye) Norman Carlson, Chairman Lydi Dun ar ,y4l �o4JAye) �lccfy (Aye) C. W. Kirby C, J . Pot (Aye) L nard L. Roe / /72,W (AYe) //}} --��--��' K. St inmark Q�u� ( .w„� 2tiu!/tvaury ATTEST: � Weld C&ul ty Clerk and Recorder pClefk .to the Board uty County Cle k County Cle k 1! APPLOVED�S FORM: -777 t �ey DATE PRESENTED: OCTOBER 10 , 1979 0 SUBDIVISION EXEMPTION FLOW SHEET County Commissioners Meeting Date: OCAO\rx 3 I�1 Applicant: 0avi� T1omok 1��`® r,ie Case ss #: SE 'Cr Legal Description: 1)1r, 52 Z1 �T 5 R looms W Location: Ckkreh� �Q t��e��sy‘� 4 4‘..e.„, sou. `?AC Wa rJ ek)c .o Ra. 5# 3164 Date 11 8y MA go Sons C.d./Application Received SEP 12 1979 Application Complete SEP 104, 8 1979 - CoO•C/ Letter to Applicant Drafted SEP 18 1979 C SE# Assigned SEP 18 1979 C04/ Air Photo Map Prepared —/ 79 Chaindexed • p�l Applicant Notified _ �" Legal Approved by County Attorney EP 2 7 19� TOd, Field Check by D.P.S. StaffSEP 25 8979 D.P.S. Recommendation Drafted OCT 1 Ma ` ./ D.P.S. Recommendation Typed Q"1 \ C�� Packets Xeroxed �__-1Y/�..� History Card /057/�/� TO: Board of County Commissioners Date October 3, 1979 Subdivision Exemption # SE-107 Applicant: David Adolph/Colorado Division of Wildlife 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. Si Section 21, T5N, R65W The Planning Department has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT % Require water X Require sewer Create traffic problems % Fall in flood plain Agree with Planning Commission policy % X Create housing Agree with surrounding land use Meet all known 'requirements % COMMENTS: The applicants are adjacent property owners. Mr . Adolph wishes to convey 20 acres more or less to the Colorado Division of Wildlife. The Colorado Division of Wildlife will remove a perpetual hunting easement on the balance of Mr. Adolph' s property in exchange for the 20 acres. This request does not create any new parcels but is simply an exchange of property between the applicants resulting in changes to the existing property lines. It should be noted that the parcel lies within the 100-year floodplain of the South Platte River as identified by the Flood Insurance Rate Maps. However , the improvements (barn):ion the parcel are existing and the proposed floodplain regulations govern only future improvements. Zoning Administrator APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 404 Department of Planning Services„ 915 10th Street„ Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SE ` 1 APPL. FEE aoJ a ° ZONING DISTRICT r4.ANW►te.N RECEIPT NO. nA7'a DATE SEP 18 1979 APPL. CHECKED BY �`AA.. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described pro- perty be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations,by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: Part of R of Section 21 T 5 N, R 65 W of the 6th P.M. Weld Co. Colorado Has this property been divided from or had divided from it any other property since August 30, 1972? Yes 7[ No FEE OWNERS OF PROPERTY: Name: David H. & Hazel H. Adolph Address: 1200 '35 ave . Greeley, Colo. Phone 352-81v+ Name : Division of Wildlife-State of Colorado Address: 6060 Broadway Denver, Colo. Phone 825-1192 Name: Address: Phone I hereby depose and state under the penalties of perjury that all state- ments, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) ,„ 4 STATE OF COLORADO)) ((((((��(�t,/�` 1 Signature: Owner or Aut on ed Agent Subscribed and sworn to before me this a day • 19� / . SEAL otary Pu • i� . . S/ /S My ommission expires : X .4 We purchased the property in 1974, prior to that time the previous owners had split their house off of the property, as shown by the square on the map. This was in 1972 or 1973. At the time we purchased the land , the boundries were ajusted to allow them to keep their out- buildings , just a matter of a few feet . X September 13,1979 Greeley, Colorado Department of Planning Services 915 10th st. Greeley, Colorado Dear Sirs : We request the approval of the land exchange as presented to you on these documents . This property lies North of 37st and East of the river bridge in Evans . The 20 acres + is on both sides acid under the river . It is entirely useless for agriculture purposes. We bought this property in 19'/4, a parcel contFini.ng 59 acres , for the purpose of raising Registered Morgan horses . We were unaware there was a perpetual hunting easement on the whole property. It just isn ' t feasible to allow hunting on the land as long as it is used for this purpose. For the past five years we have been working with the Division of Wildlife ,to work out an exchange acceptable to both of us , so as to remove the hunting easement from that portion of the land . that is tillable . This amounts to 32+ acres . An exchange for that purpose is presented to you r.ow, in exchange for the 20+ acres along the river the Division of Wildlife, will remove the hunting easement from the 32+ acres as shown on the map. There are no use changes planned for this land at this time . We will continue to raise hrses and grow hay. Sincerely, David H. & Hazel B. Adolph STATE OF COLORADO Richard D.Lamm,Governor DEPARTMENT OF NATURAL RESOURCES OIA%O DIVISION OF WILDLIFE Jack R.Grieb,Director J, ,. - �v�`r 6060 Broadway -4 � OF Denver, Colorado 80216(825-1192) August 23 , 1979 David and Hazel Adolph 3200 35th Avenue Greeley, Colorado 80631 Subject : South Platte River Wildlife Area Brower Easement - Adolph Exchange Dear Mr. and Mrs . Adolph: I have just recently received the fully executed real estate ex- change agreement signed by all State officials . Enclosed is a copy for your reference . I will have this document recorded pend- ing closing and deed exchange . The next stage of the agreement is for you to provide the Division with a title insurance commitment on the 19+ acres of easement pro- perty which you will deed to the Division. The amount of the in- surance would be for the appraised value of $12 , 750 . I have just talked to your surveyor, and he will provide a plat and description of the 19 acres which you will deed to the Divi- sion. It might be well to wait for that description before order- ing title insurance commitment , as they will need the description of the property to include in their commitment . The surveyor in- dicated that it would be available within the next ten days . It is my understanding that you will make application to the County Planning Commission for approval to deed this small parcel to the Division. Please keep me posted on this . If you have any questions , feel at liberty to contact me at 825- 1192 , extension 246 . Sincerely, Donald V. Schoonover Real Estate DVS/lls Enclosure cc: Gene Cook Ron Desilet DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WILDLIFE COMMISSION,Michael Higbee,Chairman Wilbur Redden,Vice Chairman • Sam Caudill,Secretary • Jean K. Tool,Member • Vernon C.Williams,Member ' X James Smith,Member • Donald Fernandez,Member • Richard Divelbiss, Member EXw41oIT A.. Iir„� J `r' yr a��4 aCI y 3]t ///,,,_„,‘ ,, X , „„.... 0 - . 0, i,..._, _V -V `?'1. Il / 'rime' 'C' P.O.W. ° Parcel D' �l J E $[cwer- Io t2.a:- ; a i '3 pke Parcel 5 O.W. .C� E a f Easement Evans , ; 'lice er 9 8 a. �,\. 21.! acres t� ii Sr* \ \ Parcel A th - ' ( if `I ,: a r • t3iat SjeTentH • I I.L_ J •il ' 5AI acres ,� �[ Il ,/, r. L. 7 _ l y EXISTING LAND STATUS LAND OWNERSHIP 'I • ,' '• PARCEL. A Brower (EASEMENT) PARCEL B D. O.W (FEE ^r 2 �/ Aarcel u PARCEL C D. O. W. (Fat) _Parcel C ,,° PARCEL D ,ZUAICE(En5EMENT) Parcel b' AOO144 FEE DEED TO D. � VI IS acres + ... Y 1 II ., I D.0 'u!1 ELFASt I FRC;M EASEtf ENt TO ADOLPH i-- 85. acres PROPOSED LAN r, EXCHANGE SOUTH PLATTE WILDLIFE AREA R. R EASEMENT ADOLPH EXCHANGE WELD COUNTY -�""• � l' cutill ?:--7.--fm" .1- 1.. • �r'N.. i: : ' �� 4 :-, it ti. -`1 � tea ,. 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't, . _ _ .. (01 7srtir . - T • • . x 1/47 • „isr,' ,..., ..:.. , . . . . -- -- .-. 11/42i ' . . . . _. . 2.q . I _fill r. Ile • Ant! - ' ' Illifilt ;, , dile: ;if. i,ii b� ti l I t1 yI l • i VP 7. , 2 ; i a c..s. ,_. s� `•.. .. , ,,,,, _ , Ti • .. , _ . . , t. • u C m VI 111/x` - _ SII ''_ # 1 1 • ! _ e , rr 1 trwo; 1. 1T " .,A ' ;' K • t/ I t v ' , . ^ x • { IeiD.. ,t4 111 Fl 4 f jj r S• it J� \ L 1 • - i•. ii.ilk $ I�.- "'A'• 'tar. Vii.' �, % ' I FIELD CHECK FILING NUMBER: SE. \ O1 DATE OF INSPECTION: SEP 25 1979 NAME: Vi 6\- 1:T V\ate\r � h�A, � REQUEST: SVIb�\u,s\Oh GX-eyvl )s• vs LEGAL DESCRIPTION: �.� . SZ C..- 2\ -\ - to It(oSW LAND USE: N .�u\+�.lrA� E rA\ s ' \ r \ W I. &ASA-Y;A\ / Sawa %/Via. ZONING: N Es)0. • LOCATION: V1o4\n gl V *'S • E k ,I �r Vast cx -\ "pla‘It s r r hv;w w COMMENTS: ` '''`�� `\ - Z:r '\s q\!Mt SOwSr `C. T\A te. SZ \J.+vr e\ S s-a... v•a )adsr tal- O\wata tea- x..11-V 2lraAraQ w.4 \u. 4-rees 0. Y % vex" . kC4c25 al- hursoV con ate )nti if h. That 1 c. ."_ -t xlsS\‘-"y \ aY r toro3ta. G`n. 4-Ltr ri w — \r‘ n ye}kL-0.4.40 • BY: (-\12)trk"Lnat46.9‘0.0) f .k File contains oversized map Please see original file i DEPARTMENT OF PLANNING SERVICES r • PHONE 1303)356-4000 EXT.404 915 10TH STREET " GREELEY,COLORADO 60631 . COLORADO . September 18, 1979 • Mr. and Mrs. David Adolph, et al P 3200 35th Avenue Greeley, CO 80631 ' RE: Request for a subdivision exemption on a parcel of land described as Pt. S₹ Section 21, T5N, R65W of the 6th P. M. , Weld County, Colorado Dear Mr. and Mrs. Adblph:- Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the. Board of County Commissioners for . Wednesday, October 3, . 1979, at approximately 9: 30 a.m. This meet- ing .will take place in the County Commissioners ' Hearing Room, first floor, Weld County Centennial Center, • 915 10th Street, - a Greeley, Colorado. It is recommended that you and/or arrepresenta- ., - tive be in attendance, to answer any questions the Board ,might have with -respect -to your application. . ' If you,-have any questions concerning this matter, please feel free to contact our office. - Respectfully,;. _ .. - . ' v, lv Chuck Cunliffe • . . - . Assistant Zoning 'Administrator csd • • . No. 280983 RECEIPT:FOR.CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED. NOT_FORIINTERNATIONAL MAIL. -° .(See verse): - SE TiO..: __ n v' AND NO P. T_ATE' ND ZIP r.D/• POSTAGE:'. .' .:, $' — CERTIRED FEE, - - — 4 N _ SPECIAL DELIVERY' y. RESTRICTED DcLIVERY • W W SHOWTO WHOM D DAZE __ 5 . F � OEINFAED' •og - a W• W: r ti H. SHOW rO YnIOM,DATE.AND a i- ARIES OF DNIVERY a 0 eSA �, d' s SHOW WITH RESTRIACRTED _ a y o_ m COWRY_;'' • SHOW TO WHOM,DATE AND: - - ') W AODRESSDFDFLNERYWII" a "- RESIRICIFD DELNERY TOTAL POSTAGE AND FEES $' n •POSTMARK OR D - o / •,././9 v • SENDER: Complete items 1,2,and 3. / Add your address in the"RETURN TO space on C - 3 reverse. rn I =_ I. The following service is requested (check one). w _ > D Show to whom and date delivered • —¢ - O Show to whom,date,and address-of delivery. .—¢ RESTRICTED DELIVERY Show to whom and date delivered —¢ RESTRICTED DELIVERY. Show to whom,date,and address of delivery.S— (CONSULT POSTMASTER FOR FEES) 2, ARTICE ADDR SS D TO: • Z13. ARTICLED4RIPTION: m REGISTERED NO. CERTIFIED NO. INSURED NO. 07109,3 I (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE r❑ Addressee 0 Authorized agent //�� r`''l/OJ�j''n�'a'�+ I a 4 DATE OF DE /ERY POSTMARK A m O I - > 5. ADDRESS (Complete only if requested) 0 I O 6. UNABLE TO DELIVER BECAUSE: CLERK'S m INITIALS • O 3 {r GPO. 19J1-3]Y]9i �I►' 9 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET • GREELEY,COLORADO 80631 t' ® CASE NUMBER SE-107•t COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from David and Hazel Adolph, et al for a subdivision exemption The parcel of land is described as Pt . S's Section 21, T5N, R65W The location of the parcel of land for which this application has been submitted is adjacent to the east side of the South Platte River at County Road 54 (37th Street) east of Evans This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by September 25, 1979 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. • 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. Signed Agency Date Assistant0,09\za oning A ministrato STATE OF COLORADO Richard D.Lemm,Governor _ DEPARTMENT OF NATURAL RESOURCES +lryOW /IQ RO"f DIVISION OF WILDLIFE o Jack R.Srleb,Director 3 Ov 6060 Broadway ON OFD' ;%r^ Denver,Colorado 80216(825-1192) • June 1, 1979 Mr. and Mrs. David Adolph 3200 35th Avenue Greeley, Colorado 80631 Subject: South Platte River Wildlife Area Brower Easement - Adolph Exchange Dear Mr. and Mrs. Adolph: As per our conversations, I am enclosing four copies of a real estate exchange agreement for your review. If acceptable to you, please sign three copies and return them marked to my attention. If you have any questions, please feel at liberty to call me at 825-1192, extension 246. Sincerely, --OS"4At—QIC132CLSDal•i&041 Donald V. Schoonover • Real Estate DVS/lls 1 Enclosure cc: Gene Cook Ron Desilet Frank Rinella Carl Leonard Certified DEPARTMENT OF NATURAL RESOURCES,Harris Sherman,Executive Director • WILDLIFE COMMISSION, Sam Caudill, Chairman • Michael Higbee,Vice Chairman • Jay K.Childress,Secretary • Jean K.Tool,Member • Vernon C.Williams,Member 4S'. Thomas Farley,Member• Roger Clark,Member • Wilbur Redden,Member o DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Y W{y ry go 51 COLORADO September 19, 1979 Mr. and Mrs. Loren Cockcroft 27906 Weld County Road 388 Kersey, CO 80644 RE: Request for a subdivision exemption on a parcel of land described as Pt . NEq Section 15, T5N, R64W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Cockcroft : Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners for Wednesday, September 26, 1979, 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 representa- tive be in attendance to make a presentation regarding the request and to answer any questions .the Board might have with respect to your application. Please find enclosed your receipt for the application fee. If you have any questions concerning this matter, please feel free to contact our office. 114 Respectfully, /14, II-- 'C Vickie Traxler Assistant Zoning Administrator . csd - cc: Kenneth Lind P.O. Box 326 Greeley, CO 80632 No. 280984 RECEIPT FOR-CERTIFIED MAIL RO.INSURANCE COVERAGE PROVIDED- -. =NOTFOR INTERN TIONAL-MAIL:' TATE'AND ZIP 1 c $r-7 POSTAGE. .' CERTIFIED FEE -, ¢• 413M1 SPECIAL DELIVERY • . ¢ 'rig RESTRICTED DELIVERY,_ • - ¢ ' H' W: la ca .n&.o:!DEINERREEO WHOM.-14I) - ¢ f. H V' SHOW TO WHOM.DATE,AND-; '- I—' - ADDRESS DT DEIMRY ¢ a i..- o W SHOW TO WHOM AND DATE- 6 rc DELIVERED WITH RESTRICTED ¢ -- 2 DEINERY .. • y s y C • SENDER: Complete items 1,2,and 3. v SHOW 10 WHOM,DALE ANOI Add your address in the"RETURN TO"space on '� ADDRESTEO S OFDEUVERT ELIVERY WITH :.- ¢ d• -n reverse. 1 .TOTAL POSTAGE AND FEES $;`] � I. The following service is requested (check one). 71 i D Show to whom and date_ delivered s: POSTMARK OR DATE_ - n —C - — ❑ Show to whom,date,and address of delivery.._¢ �y _ m RESTRICTED DELIVERY m q f 7 9/j p : Show to whom and date delivered _¢ l- RESTRICTED DELIVERY. E of Y. ` . Show to whom,date,and address of deliver .S .) __- (CONSULT POSTMASTER.FOR FEES) 7/06ARTICLE ADDRE TO: 4ai ��CLE p[SCRI PTION: a m esREGISTERED NO. CERTIFIED NO. INSURED NO. m CVOW ti P3I (Always obtain signature of addressee or agent) I have received the article described above. m SIGNATURE P Addressee V Authorized agent za n11. D r N.L, Z 4. us CC D .OF DELIVERY fj k K as 11 5. ADDRESS G (Complete only if-repueefe 3) 20 D 19'19 m 9-i . r 6. UNABLE TO DELIVER BECAUSE �,RQ O LS 3 y {r avo®o>rz>z-asz r • 9 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 �l. 915 10TH STREET GREELEY,COLORADO 80631 ha jRf} I P t � 1{ ' m� Ail, i.t4- 4• COLORADO September 19, 1979 Mr. and Mrs. Arthur Petersen 27602 Weld County Road 388 Kersey, CO 80644 RE: Request for a subdivision exemption on a parcel of land described as Pt. NE* Section 15, T5N, R64W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Petersen : Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners for Wednesday, September 26, 1979, 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 representa- tive be in attendance to amke a presentation regarding the request and to answer any questions the Board might have with respect to your application. Please find enclosed your receipt for the application fee. If you have any questions concerning this matter, please feel free to contact our office. Respectfully, I`. oce_vta- vc>.- .\er Vickie Traxler Assistant Zoning Administrator csd cc: Kenneth Lind P.O. Box 326 Greeley, CO 80632 g No. 280985 RECEIPT FOR CERTIFIED MAIL •NO-INSURANCE COVERAGE PROVIDED= OT.FOR INTERNATIONAL MAIL ;(Se avers - SEN , P ATE AND.ZIP ry��[[�/ (1- 7 sz STAGE .C1!.," -' = $ ` : D.- CERTIF FEE C • .,W SPECIAL DELIVERY - -, C •y- ','RESTRIEEF�, LIVERY'; C ' W W u —h. SHOW TO WHOM AND DATE, C �'DELIVERED - _ FA:W W V 'M•ma !,'SHORTS WHOM,DATE,AND C y',_ _;'ADDRESS OF DELIVERY . L G W - I- — u SHOW TO WHOM ANO DATE• IC ea DELIVERED WITH RESTRICTED _ C SENDER:Complete items I,2,and 3. _ r, o_-. DELIVERY,. - • - Add your address in the"RETURN TO"span on ' F-SHOW TO WHOM,DATE AN D _ 5 reverse. ADDRESS Of DELIVERY WON 4 - -.� RESTRICTED DELIVERY - _ 1.The following service is requested(check one). n O Show to whom and date delivered m.TOTALPOSTAGE AND FEES $.0'• —C - ❑Show to whom,date,and address of delivery.._¢ t .POSTMARK OR DATE-`..C. m RESTRICTED DELIVERY C - Show to whom and date delivered _¢ c •:_./.?/��J y RESTRICTED DELIVERY. / Shoe/10 whom,date,and address of delivery.$_ w .- - (CONSULT POSTMASTER FOR ES) —p' ARTICL RESS O: ry �1 S25t C`(CYP T 7� 2 3.ARTICLE DE IdTION: 9 mREGISTERED NO. CERTIFIED NO. i INSURED NO. 7. 09CaT a I (Always obtain signature of addressee or awns) n I have received the article descr bbe{above. m SIGNATURE O Addressee I]f"Authorized agent C DAP - : OF DELIVERY /mayBARe n 9 C5.ADDS( y i request "2O O IT 1519 4 5.C 6.UNABLE TO DELIVER BECAUSE:' �: rr 5 " *GPO.sn.-.72-3.2 r • • REAL ESTATE EXCHANGE AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between DAVID ADOLPH and HAZEL ADOLPH, the address of which is 3200 35th Avenue , Greeley, Colorado 80631 , hereinafter referred to as "the Adolphs" , and the STATE OF COLORADO, for the use and benefit of-the DEPARTMENT OF -- NATURAL RESOURCES acting by and through the DIVISION OF WILDLIFE and WILDLIFE COMMISSION, hereinafter referred to as "the State" ; WITNESSETH: WHEREAS, required approval , clearance and coordination has been accomplished from and with appropriate agencies of the State of Colorado ; and WHEREAS, the Adolphs are the owners of a certain parcel of real estate situated in the County of Weld, State of Colorado , as illustrated on Exhibit "A" attached hereto and made a part here- of as incorporated herein by reference ; and WHEREAS, said parcel of real estate is hereinafter re- ferred to in its entirety as "the fee property" , and WHEREAS, the State is the owner of a permanent public easement and access for public fishing and hunting and other out- . door recreation on a certain parcel of real estate situate in the County of Weld, State of Colorado , as illustrated on Exhibit "A" attached hereto and made a part hereof as incorporated herein by • reference ; and WHEREAS, said parcel of real estate is hereinafter re- ferred to in its entirety as "the easement property" , and WHEREAS-, the parties hereto agree that it is in the best interest of and mutually beneficial to each other to enter into this exchange agreement and desire to set forth and define the terms and conditions pursuant to the exchange . NOW THEREFORE, the parties hereto ,mutually agree as fol- lows : • 1 . In consideration of a deed to the State by the Adolphs of a certain parcel of real estate situated in the County of Weld, 0 • • State of Colorado, as illustrated on Exhibit "A" attached hereto_ and made a part hereof as incorporated herein by reference , the State agrees to relinquish to the Adolphs the deed of easement for hunting , fishing and other recreation on a certain parcel of real estate situate in the County of Weld, State of Colorado, as illus - trated on Exhibit "A" attached hereto and made a part hereof as incorporated herein by reference. 2 . Method of Transfer of Title . The parties hereto ex • - pres;sly agree to execute any and all documents reasonably necessary in furtherance of this Real Estate Exchange Agreement . The Adolphs fee property shall be conveyed to the State at the time of final closing of the transaction .by General Warranty Deed free and clear of all liens and encumbrances , except or subject to such of :the following as shall not interfere with the State ' s intended uses and enjoyment of the property : a. All existing easements and rights-of-way of record. b . Any restrictions , reservations or exceptions con- tained in any United States or Colorado State Patents of record. c. All governmental regulations , rules and zoning regulations . d. Any liens resulting from the inclusion of the property in any improvement districts organized pursuant to State statute . 8. Encumbrances agreed upon by the State not to be released. 3 . The State ' s rights to the easement property shall be relinquished by the execution of a document sufficient to accomplish the release of those rights to the Adolphs . 4. Evidence of Title . Within-thirty (30) ` days after the execution of the Real Estate Exchange Agreement , the Adolphs shall deliver to the State a title insurance commitment , issued by a title insurance company authorized to do business in the State of Colorado in the amount of the current appraised value of the fee property. The cost of said title insurance commitment shall be paid by the Adolphs . - `L - ' f'. f • The State shall have thirty (30) days after receipt of said title commitment within which to examine the same and to make any objections thereto , including exceptions which the State indicates would interfere with its intended use or enjoyment of the property, and thereafter the Adolphs shall have ninety (90) days within which to rectify any objections made thereto. If title under Colorado Bar Standards is not shown by said title com- , mitment , and the •Adolphs•.are unable to rectify any objections Made thereto necessary to convey merchantable title under Colorado Bar Standards or to rectify other objections of the State within the ninety (90) day time period specified herein, then both parties shall be released from further obligations hereunder. 5 . Survey . Within thirty (30) days after the execution. of this Real Estate Exchange Agreement the Adolphs shall deliver to the State survey plats and descriptions of both the fee pro- perty and the easement property prepared and preformed by a registered land surveyor. The fee property shall be insured and conveyed to the • State according to the surveyed description. 6 . Closing: If merchantable title be shown as herein provided and the State is satisfied with the exceptions set forth in the title commitment , the actual date and place of closing shall be based upon the mutual consent of theparties hereto , not to I. P ex- ceed, however, thirty (30) days from a notice of intent to close by either party. Fee title shall be deeded to the State to the real estate illustrated on Exhibit "A" , together with any and all build- ings and improvements thereon, rights , hereditaments , easements and appurtenances thereunto together with rights of ingress and egress thereto and pertaining therefrom. 7. Fencing. Withing six (6) months from the date. of closing, the Adolphs shall fence that boundary line between the "fee property" and the "easement property" , as deemed necessary by the State . • • 8 . Prorations . Real property taxes including special assessments , unmetered utilities , prepaid fire and extended_ coverage insurance premiums , prepaid rents and all such other similar pre-- paid items and crop adjustments , as applicable .shall be prorated with respect to the property as of the date of closing . Real property taxes and special assessments , if any, shall be prorated on the basis of the taxes assessed against the parcel then being closed on the basis of taxes of the preceding year. 9 . Possession. Within thirty (30) days from closing of the purchase of the property unless otherwise agreed upon in writing, theiAdolphs shall promptly vacate possession thereof. Upon closing, the Adolphs shall transfer, assign or waive to the State all its rights , title and interest in and to any leases , permits , allotments , licenses , special use permits or the like related to the fee property. 10 . Amendments . This Real Estate Exchange Agreement may only be amended by written agreement executed by all parties hereto . 11. Captions . The captions used in this Real Estate Exchange Agreement are for convenience only and .shall not limit the meaning of the language contained herein. 12 . Succession. The covenants and agreements herein con- • tained shall extend to and be binding upon the heirs , executors , . administrators , personal representatives , successors and assigns of the respective parties . 13. Controller ' s Approval . This agreement shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate . This provision is applicable to any contract involving the payment of• money by the State . 14 . Fund Availability. Financial obligations of the State of Colorado payable after the current fiscal year, if any, are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available . 15 . Colorado Labor Preference . Provisions of 8-17-101 and 102 , C.R.S . 1973 for preference of Colorado labor are applicable to this agreement if public works within the State are undertaken hereunder and are financed in whole or in part by State fluids , 16 . Miscellaneous Provisions . a. The Laws of the State of Colorado and Rules and Regulations issued pursuant thereto shall be - 4 - rr. 0/. _ '.:: • . f • applied in the interpretation , execution and enforcement of this agreement . Any provision of this agreement whether or not incorporated herein by reference , which provides for arbi- tration by any extra-judicial body or person or which is otherwise in conflict with said laws , rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint , defense or otherwise . Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this agreement to the extent that the agreement is capable of execution . b . The signatories hereto aver that they are familiar • with 18-8-301 , et seq. , (Bribery and Corrupt In- fluences) and 18-8-401 , et seq. , (Abuse of Public Office) , C.R. S . 1973 , as amended, and that no vio- lation of such present .provision is c. The signatories aver that to their knowledge , no State employee has any personal or beneficial in- terest whatsoever in the service or property described herein. IN WITNESS WHEREOF , the parties hereto have executed this agreement on the day and year first above written. - 5 - • .0 • • • DAVID ADOLPH . HAZEL ADOLPH Social Security Number. Social Security Number Thle foregoing instrument was acknowledged before me the day of , A.D. 19 , by my commission expires Witness my hand and official seal. Notary Public STATE OF COLORADO Richard D. Lamm, Governor By Harris D. Sherman Executive Director Department of Natural Resources Division of Wildlife By Jack R. Grieb, Director The foregoing instrument was acknowledged before me the • day of , A.D. 19 , by My commission expires Witness my hand and official seal. Notary Public APPROVALS: Attorney General State Controller By By i \e•. -Sl � ,.. - —r ep;, It.r .,fed at. o'clock!V.......le., SES 5 1974 , . ..0 .,‘,..... 00, :'/22 VI :t,•ccption`Nu �..Fr!,4 4 .✓ - •Sr LEE SHEHEg,.,1R.....-:itecor:ier. �. : .I RECORDER'S STAMP • 'THIS DIED, Made this 29th day of August ,between HAROLD D. ELAM and JUDY E. ELAM, ' os "'1 Husband and Wife .--4 State Documentary Fee "o. SEP 51974 Date _,.',,7 —,_, 7' of the County of Weld and State of Q a all $...,..,,_...__........_Y(3e.__....., r--I Colorado,of the first part,and DAVID H. ADOLPH and HAZEL B. A� Ii, .O Husband and Wife N. e NI r-t ,..tto County of Weld and State of Colorado,of the second part: ~ WTTNESSE T H,that the said part of the first part,for and in consnleretien of ti.e sum of o m— Other good- and valuable-consideration -and 'TEN AND NO/100----•--,.,-• in „-I •.,.the said parties of the first part in hand paid by the said parties of tho seeo..d part,the receipt ... o-; C) sereby confessed and acknowledged,ha Ve granted,bargained,sold and conveyed,and by these presents:1., O o ; .-ant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and aseibve forev...- ID • in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lyi.,..... . (� • being in the County of Weld and State of Colorado,to wit: J ;'ti ' I See Exhibit A attached hereto I\ n a ti w w . !!" TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in ..r..•wao :::pertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and ail care . 00 estate,right,title,interest,claim and demand whatsoever of the said parties of the first part,either In:..w c e,uity,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 appurtenances,unto X.c.....:. _.aes a the second part,their heirs and assigns forever.And the said parties of the first part,for them— yes, heirs,executors,and administrators do covenant,grant,bargain ar.d agree to and•a..--. S_. ;:arties of the second part,their heirs and assigns,that at the time of the enseaiing t:ad 3e.ivery of;h..:.,. . ...•.:.-...-.•pley,are well ceize.:of the premises above conveyed.as of rood. sure-netfent aba uncz and ire, .. ti of inherhnnce,in law,in:Le airaplc,and ha ye gag.right,foil power and taw_"�l Imo.., to . •,, a,sa::and convey the same in manner and form afore ain,and that the same are:rec ran;fear son:a. ' .. taer grants,bargains.sales.:ICas taxes,too,-.:,:nent..a3 encumnrerces of wnatevcr a..,. nature.. -. subject to the 1974 taxes payable in 1975 and to easement granted by instruments recorded in Book 1070 at Page 32 and in Book 575 under Reception No. 1496532 and instrument recorded in Book 332 at Page 329, Weld County Records; • ...., , ...:rove h:.rgzmed premirea as the quiet and peaceable possession o:the:;aid parties of the second:......-z, n:a•:r..-.:r...:...__ssign.,,.gaiust c:.:y.d wary pea,..:.;, .aroma lawfully claiming or to claim the whole or any par :aercw, _:nrties • ._.. ....WARRANT AND FOREVEit DEFEND. :ic�N_TN'E.:.. ..I_.33G t..,,.... _ c.;ies of the first part have hereunto settheiPanes "•d ..c_:S tin:c,.y__.,i year first above written. ' ,:..::::e;:,Sealed and D,.::v.;_ ,:.the Presence;.f _..�....D.lysCHar d - Elam ...:AL) 1c7.54.* . Harold D. Ela� abanrand Wife STATE 0 C::�J:d: ,a, i �`A t_, a,`' J...a Weld - �""� yie gori�roif. •.iastr:...,eat ws.a;—nowleagcd be:or me this — day of,= -", , :/`d ;Harold D. Elam and Judy E. Elam, Husband and Wife. .r AVI APCfoe:eltl C(e'e �.S ,197E.119 ta,ess my hand and official seal. ../, plc r Ol _ I--re Not.r,. u.17:.,:.:'.': .....-.'.... .',.,.. .:.i......-...524.Ic Stoat S,.rrr..nrnv.r,Cninrzl• :_'.. 1pOK i • 722 1644159 Exhibit A W1 Wh SEo and SE' SW;, Section 21, Township 5 North, Range 65 West of-the 6th P.M. except parcels of land conveyed by deed recorded in Book 575 under Reception No. 1496531 EXCEPT a part of the Sh of Section 21, Township 5 North, Range 65 West of the 6th P.M. more particularly described as follows: Beginning at the South Quarter Corner of Section 21, and considering the South line of the Southeast Quarter (SEo) of said Section 21 as bearing North 89° 57' 01" East with all other bear,ngs contained herein relative thereto; thence South 89 45' 40" West 133.58 feet to the true point of beginning; thence North 00° 50' 09" East 310,50 feet; thence South 89° 45' 40" West 400 feet; thence South 00° 50' 09" West 310.50 feet; thence North 89° 45' 40" East 400 feet to the point of beginning. 9,4 6& ,.„, ..x...,„4,,,, e Hello