HomeMy WebLinkAbout790837 C
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 375 - JAMES J. DAVIS AND
WLS CORPORATION.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, it has been determined by the Board of County Com-
missioners of Weld County, Colorado, at a public hearing held on
the 7th day of February, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of a certain parcel of land, as shown on the plat
known as Recorded Exemption No. 375, being the property of James J.
Davis and WLS Corporation, described as the Southeast Quarter of
Section 3, Township 4 North, Range 68 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as follows:
The Southeast Quarter of Section 3, ¶1 nship 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado,
except that portion of Colorado Highway Department
Right-of-Way parcel #19, Project I 25-3(16)251, con-
taining 18.05 acres, note or less, in the East Half
of the Southeast Quarter of said Section 3 as recorded
in Book 1569, Page 243, under Reception No. 1340250,
recorded Octnb°r 19, 1960.in Weld County Records.
Said dencribed parcel contains 163.083 acres, more or
less, inclining 18.05 acres more or less, of Highway
Right-of-Way and is subject to any rights-of- way or
other easatents as recorded by instruments of record
or as now existing on said described parcel of land.
does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , pursuant to its authority
under Section 30-28-101 (10) (d) , CRS 1973, as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board desires to exempt this particular division of land from the
definition of "subdivision" and "subdivided land" pursuant to its
authority under Section 30-28-101 (10) (d) , CRS 1973, as amended,
and Section 2-1A(3) of the Weld County Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove described
parcel of land owned by James J. David and WLS Corporation be, and
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71. 3 75 790837
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hereby is, exempt from the definition of the terms "subdivision"
and "subdivided land" pursuant to its authority under Section
30-28-101 (10) (d) , CRS 1973, as amended.
The above and foregoiig Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
February, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
la C1Tio-0
ec,„ atrt
ATTEST: \nlQu} (fin Q(0440t2n/
Weld County Clerk and Recorder
and Clerk to the Board
y:
D-puty County Cl
APP ED AS TO FORM:
County Attorney
DATE PRESENTED: FEBRUARY 14, 1979
J
1
RECO.POEO EXEMPT/ON NS /06/ -3 - 4 -RE375
i / '
, -444,..,...., LEGAL DESCRIPTION JEV Q I`A/
/Mir / $4..
The Southeast Quarter (SO ) of Section 3, Township 4 North, Range 68 West of the
. , qun;Y, °.14X114Q--..,,Z.o."BJ� ! !11f pofripp of .Colorado Highway Department
ight-of-Way parcel #19, Project I 25-3(16)251, containing 18.05 acres, more or
less, in the East Half of the Southeast Quarter of said Section 3 as recorded in
I
' Book 1569, Page 243, under Reception No. 1340250, recorded October 19, 1960 in
Wesd County Records.Said described parcel contains 163.083 acres, more or less, including 18.05 acres
more or less, of Highway Right-rof-way, and is subject to any rights-of-way or
other easements as recorded by instruments of record or as now existing ate.
on said
described parcel of land.
_.,. .. _
SURVEYOR'S CERTIFICATE
a," I hereby certi "pi, plat was prepared under my supervision; and that the
't, same is corr . .e.te of my knowledge and belief.
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JASPER E m a
COLD "`P. L"S7wNc 9 '
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OF cotO
PROPERTY OWNER'S APPROVAL
'o
iii4kiWLS Corporation aad James J. Davis, being the sole owners in fee of the above
described property do'hereby subdivide the same as shown on the attached map.
WLS 0 P TON JAMES J. DAS
SA
e foregoing certification was acknowledged before me this 4/4 day of
/31?ii4,0y , A.D. , 1979. Witness my hand and seal.
My Commission Expires dzC'
tOTAis-e4.-
BLIC
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
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C IRMAN
BOARD OF COUNTY COMMISSIONERS
koATTEST: County Clerk Quj a QWU Ii
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RECORADED EXEMAT/ON NS /06/ -3- 4 -RE 375
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-0000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
COLORADO
February 7, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
,f
RE: Recorded Exemtpion #375
Dear Commissioners:
The attached application, plat and related items are in reference to
a request by James J. Davis and the WLS Corporation for a recorded
exemption. The parcel of land is described as the SEt, Section 3,
T4N, R68W of the 6th p.m. , Weld County, Colorado. This property, is
located 3 miles west of the Town of Johnstown. The property contains
145 acres of Class II , III and IV irrigated soils in the Agricultural
Zone District .
The request is to split the property in parcels of 3 . 775 acres and
141. 258 acres. The 3.775 acre parcel contains a residence and several
outbuildings . According to a letter dated December 19, 1978, from
Mr. Davis, his intent is to sell only the improvements to finance
a sprinkler system on the balance of the property. Mr. Davis would
then rent the farm property to one of his present tenants.
During a field inspection on February 1, 1978 , it was discovered that
both the improvements parcel (3. 775 acres) and the farm property
(141.250 acres) were posted with signs advertising the property
"For Sale" . The sign posted along I-25 indicated a 131 acre parcel
was for sale.
Based upon a review of the information submitted, the adopted policies
in the County, the Department of Planning Services staff recommends
the request be denied for the following reasons :
Mr. Davis' s intent for disposition or use of the property is unclear
at this time. Mr. Davis' s stated intent in his letter of December 18,
1978, is in conflict with the advertising as posted on the property.
Board of County Commissioners
RE #375
Page 2
February 7 , 1979
The Department of Planning Services staff recommends that the request
he denied until such time as Mr . Davis clearly shows his intent
and said intent is consistent with the Weld County Comprehensive
Plan , the Intent of the Recorded Exemption section and the intent
of the "A" Agricultural District of the Weld County Zoning Resolution .
Respectfully }sul1(nitted,
/
/i?4r✓'/A6t/1 -�-zn44_,
Thomas E . Honn
Zoning Administrator
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Y } i v.n��yyy: ,.` rte
'DAVIS LAND CO.
Farm and Ranch Specialists
December 19, 1978
Weld County Planning Commission &
County Commissioners
915 10th Street
Greeley, Colorado
Dear Sirs:
I have made an application on the following described property
for a Recorded Exemption:
The Southeast Quarter (SE%) of Section 3, Township 4 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, except
that portion of Colorado Highway Department Right-of-Way
parcel #19, Project I 25-3(16)251, containing 18.05 acres,
more or less, in the East Half of the Southeast Quarter of
said Section 3 as recorded in Book 1569, Page 243, under
Reception No. 1340250, recorded October 19, 1960 in Weld
County Records. Said described parcel contains 163.083 acres,
more or less, including 18.05 acres more or less, of Highway
Right-of-Way, and is subject to any rights-of-way or other
easements as recorded by instruments of record or as now
existing on said described parcel of land.
I have purchased the above property and I am applying for a
Recorded Exemption to sell off the buildings and 3.7 acres. With the
money I will be putting on a low pressure sprinkler system on the balance
of the ground. By doing so, I will be able to put the water to much
better use. I own other farms in the area and I will rent the property
to one of my present tenants. I have no need for the improvements
to operate this farm.
Sincerely,
vs�Li c
mes J. Davis
JJD:nk
1221 Eighth Avenue Suite D Greeley, Colorado 80631 353-9900
4.
APPL_ „ATION FOR RECORDED EXEMPT...N
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street, Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO. RE-315 APPL . FEE
ZONING DISTRICT A RECORDING FEE co,
DATE /-ti- -77 RECEIPT NO . /CJ O
APPL . CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described
property be designated a recorded exemption by the Weld County Board
of County Commissioners . LEGAL DESCRIPTION :
The Southeast Quarter (SE') of Section 3, Township 4 North, Range 68 West of the
6th P.M. , Weld County, Colorado, except that portion of Colorado Highway Department
Right-of-Way parcel #19, Project I 25-3(16)251, containing 18.05 acres, more or less,
in the East Half of the Southeast Quarter of said Section 3 as recorded in Book
1569, Page 243, under Reception No. 1340250, recorded October 19, 1960 in Weld
County Records. Said described parcel contains 163.083 acres, more of less, including
18.05 acres more or less, of Highway Right-of-Way, and is subject to any rights-of-
way or other easements as recorded by insturments of record or as now existing
on said described parcel of land.
ACREAGE: Lot "A" 3,775 ; Lot "8" 141.258 ; Total 145.003
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No x
Are there any existing improvements on Lot A? Yes x No
Lot B? Yes No x
FEE OWNERS OF PROPERTY :
James J. Davis and 1221 8th Avenue
Name : WLs Corporation Address Greeley, CO 80631 Phone (303) 353-9000
Name : Address Phone
Name : Address Phone
Little Thompson Little Thompson
WATER SOURCE FOR : Lot "A" Water District ; Lot "B" Water District
TYPE OF SEWER FOR: Lot "A" septic ; Lot " B" proposed septic
PROPOSED USE FOR : Lot "A" residential ; Lot "B" agricultural
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plans submitted with or contained within
this application are true and correct to the best of my knowledge .
COUNTY OF WELD ) t
STATE OF COLORADO ) ,� 0 ( —
Signa : Owner r Authorized Agent
Subscribed and sworn to before me this 7-1X day ofre47, 19 79..
SEAL r! "-- 4 -- //,7?
Notary Public -�
My Commission Expires Dec. 19, 1932
My Commission expires :
4
•
•
I
_INS U) JAN 3 1979
Recorded at — o'clock 1 _ . ,
CV 85p�� ,ye�� .
6 Reception No. 1.1 ! !r A4.... _. Recorder
G. P. SCHOENFELDER
whose address is 3004 North 68th Street, Scottsdale, gtots Pocumryory Fa 1
•
County of Maricopa ,State of pc.. JAN 3 1979
i 44, Ja
Arizona ir the consideration of Ten Dollars 0 •
and other good .tluable consideration
_
)( l>maxin hand paid, hereby sell(s) and convey(s) to
, i 'JAMES J. DAVIS, an undivided 50% interest, and
W L X CORPORATION, an undivided 50% interest, tenants in common, .
whoselegaladdressis 1221 8th Avenue, Greeley , County of
I Weld , and State of Colorado the following real property in the
County of Weld , and State of Cole, ,du, to wit: '
The Southeast Quarter of Section 3, Township 4 North, Range 68 WI st . •
'of the 6th P.M. , County of Weld, State of Colorado. Together with .
all appurtenances thereto and the improvements thereon, Twenty (20)
shares of the Capital Stock of the Consolidated Home Supply Ditch an _m
77 i Reservoir Company, all water, water rights, ditch, and ditch rights t
appurtenant to said land, but excepting and reserving 75% of all oil� .gas and other minerals in, under, and to be produced from said lands •
'Grantor also reserves the full right to lease all minerals and
e 'Grantees for themselve ' -
their heirs , personal representatives and
,assigns irrevocably appoint Granter their attorney in fact to execut
• pall mineral leases as to this property. Such reservation and appoin - .
a• ment shall not entitle Grantor to compensation nor shall it in any w y
.' imit or diminish Grantees right to any revenue emanating from leasi g
or mineral production from said minerals .
I.
! The 25% mineral interest herein conveyed shall after ten years from
; date hereof revert to Grantor in the event there is no mineral pro- I
, duction in commercial quantity, on January 2, ]989.
I
.
I, aisoknownasstreetandnumber 3807 Weld County Ror-.i 48,
' with all its appurtenances, and warrants) the title to th -ame, sul jest to 1978 general ,
• taxes and subsequent years , restrictions , reservations, agreements ,
easements and rights of way now of record and/or existing, and
I Deed of Trust in favor of E. Eugene Bashor dated January 10, 1977,
and recorded February d , 1977, in Book 0789 at Reception No. 171056
iwhich Grantees assume and agree to pay.
Signed this 2nd day of Japuar O979, _
-' / G. SCHOr`FCLD- e
STATE OF COLORADO,
I '
YY
County of I.ARIMER j
M torpiRei,pg instrument tins ar know leaved In- no me Ihis 22nd ,
• 4,, .,,,r-• • �ampry , 1979 .by G . P. "C:HOI'S�:11FR_ •
,�
/
1fyenrypun3i yxpires October 5, 1980. _
- .`J• -fitterm lietiA and official seal.
A' /1
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N-4n P N+ •
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$` -EB 4 1977 /,a
Recorded at ..... o'clock A At,
9o(, Mh'i`i A.^::J i�..:,;,l Ells
tV Reception No 1710567 Recorder.
789 1-I
Victor Scott and Phyllis L. Scott, his wife, Robert D.
Meek and Greta C. Meek, his wife j
whose address is 2420 Viking Drive, Rochester r
County of Olmsted , and State of
0. Minnesota Minnesota ,for the consideration of Ten Dollars an I
other good and valuable consideration,
1 MYLKOtib,in hand paid,
' .. . .S hereby sell(s) and quit etaim(s) to G. P. SCHOENF ELDER Ili
whose address is 3004 North 68th Street, Scottsdale, ,��
County of Maricopa , and State of Arizona ,the following real i
- property,in the County of Weld ,and State of Colorado,to wit:
SE 1/4, Section 3, Township 4 North, Range 68 West of the 6th P.M. , •
x,11 together with all appurtenances thereto and the improvements ;'
thereon, twenty (20) shares of the capital stock of The Consolidate s".
Home Supply Ditch and Reservoir Company and one hundred twenty-five
- (125) units of Northern Colorado Water Conservancy District allot-
ment, including all mineral and mineral rights owned by Grantors , ,.:k ,
but subject to any prior reservations ;
Together with all gated pipe and attachements presently used to
irrigate the above described deeded land consisting of three
thousand feet (3,000) , more or less, and a 5" by 4" Berkley pump. Ill
4
,,t °�� �� : - ,C e. -.) / V < i, )-
1.
with all its appurtenances. .
Signed this Y1'1 day of '2 i .4 19 /4" - -
9It. Victov9cyt / x,
- ..___.. ..... ._.._......._...._ _ I .
Pu c [tc. '
obert D. Meek r,..r.;
MINNESOTA IINk c..�- Yell.A . Iii k ; +
STATE OF)DOCmitl�l4, Greta C. Meek :,yYJ
County of HENNEPIN �- - - '
The foregoing instrument was acknowledged before me this - -" 1..
day of December , 19 76 , by Victor Scott and Phyllis L. Scott, his
wife and Robert D. Meek and Greta C. Meek, his wife
My commission expire. °rj - "';
Witness my hand and official seal v;�'"
/ *411's
�
...` II fa THOMAS M. CROSBY, JR ...
!Ie. % _ I ._, .
II Mi . NOTARY PUMA —MINNESOTA K
an '#HENNEPIN COUNTY Sr'
--_— ___ Try ComaaekM EtNI!e Not 1a,19/9 -.is. Na eat QUIT CLAIM a!R �MM D form—
n
LITTLE THOMPSON VALLEY WATER DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN G. ANDERSON 307 WELCH AVENUE
LOUIS F. SKIN DRAWER G
DAVID MCGEE BERTHOUD. COLORADO 80513
E. THOMAS RICORD
CARET J. SALOMONSON
MANAGER:
LOVILO H. FAGAN
December 27, 1978
James J. Davis
1221 8th Avenue
Greeley, Colorado 80631 Re: Our taps 262 & 263
Dear Mr. Davis:
The property in the Southeast Quarter of Section 3, Township 4N, Rnage 68
West of the 6th P.M. , Weld County, Colorado presently owned by G. P. Schoenfelder
is presently served by two domestic water taps from the Little Thompson Water
District System.
Very truly yours:
LITTLE THOMPSON WATER DISTRICT
0o
Te ,/,77
Lovilo H. Fagan, Manager
LHF/cg
cc:
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STATE DEPARTMENT OF HIGHWAYSWeId County
Off System
JACK KINSTLINGER 14 EXECUTIVE DIRECTOR Davis & WLS Corp
WW Exemption
DIVISION OF HIGHWAYS DISTRICT 4
E. N. HAASE DWIGHT M. BOWER
CHIEF ENGINEER �wE , DISTRICT ENGINEER
STATE OF COLORADO W. of Johnstown
P.O. BOX 850-1420 - 260 ST. • GREELEY, COLORADO 80631 • (303) 353-1232 Interchange, N.
Side of County
January 24, 1979 Road 48
DOH FILE 45100
Ms. Vickie L. Traxler
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Ms. Traxler:
We have reviewed the application from James J. Davis and WLS
Corporation for a recorded exemption, and we find no conflicts
with our interests. However, we would like to point out that the
county road frontage between the east edge of Lot A and the Inter-
state 25 interchange is access-controlled. Thus, no access can
be expected along this portion of roadway for Lot B.
Thank you for the opportunity to review this application.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
Albert Chot acs
Assistant District Engineer
AC: da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson via Rames-Finch-Graham
w/encl .
mEmoRAnDum
WIiDc. To Planning Commission Date January 29, 1979
COLORADO From Gilman E. Olson, Utility-Subdivision Administrator
subject: James J. Davis & WLS Corporation (R.E.)
There are no engineering problems anticipated by this request.
Gilman E. Olson
Utility-Subdivision Administrator
GEO:sar
�11$293O3,7
et
r°, JAN 1919 s
�s' RECEIVED �T
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AInIIIL Commission 'o
1c-‘y15t i715
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Ill l'Al3 l NI ()I I'LANUING >CHVICI
PHONE 1303) 356-10n0 EX I.4i
915 10111;:1121 I
'} GREELEY,COLORADO 806.
' y -3tid
• CASE NUMBER RE-375
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
E Enclosed is an application from James J. Davis & WLS Corporation
for a recorded exemption
•
The parcel of land is described as SEI Section 3, T4N, R68W
The location of the parcel of land for which this application has been
submitted is 3 miles west of the Town of Johnstown
•
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to this item
would be appreciated . If you find no conflicts with your interests,
we would appreicate a written reply to include in our files , or check
the box at the bottom of this page and return it to us . We would like
to receive your comments by January 26, 1979
so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your hel . and
cooperation in this matter. ��,925,2�62Iegct:o
JAN' 1979
utaji.. S. -1--+&G—, RE
CENED
Assistant Zoning Administrator YIeldCoeen
%aoeleg Cmxhalee
MWe have Teviewed e re uest and find no con lit'. �l• our interests.
Signed5ty-Itv._ /7* Date f/2li-/ 7 1
Agency LLNe ill l 'Oi,°....}y /Leah
Ill
RECORDING DATA - MAPS 8 PLAT_
NAME OF SUBDIVISION Recorded Exemption #1061-3-4—RE375
NAME OF SUBDIVIDER WLS Corporation & James J. Davis
IODATION OF SUBDIVISION SEA of Sec. 3, T. 4 N. , R. 68 W. of the 6th P.M.
DATE OF RECORDING BOOK 211979 BDDK 860 RECEPTION N 11g2369
MARY ANN FEUERSTEIN
WELD i
NTY(/�CLERK /SID RECORDER
B Y: l' Ll , //7/ L 4--Aa
DEPUTY COUNIVCLERK & RECORDER
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