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Home My WebLink About780772.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 333 - JERRY McDONALD AND JAMES AND PATRICK FEIGHNEY. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board of County Commissioners of Weld County, Colorado, at a public hearing held on the 28th day of August, 1978 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption number 333, being the property of Jerry McDonald and James and Patrick Feighney, described as part of the West 2 acres of Lot 3, Northeast Quarter, Southeast Quarter and part of the East Half of Lot 7, Northeast Quarter, Southeast Quarter all in Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : The West two Acres of Lot 3, of the Northeast Quarter (NEq) of the Southeast Quarter (SE4) of Section 9, and the East Half (E') of Lot 7 of the Northwest Quarter (NWa) of the Southeast Quarter (SE;) of Section 9, all in Township 5 North, Range 65 West of the 6th P.M. , excepting the following two parcels: 1. A parcel recorded in book 1568 page 329 Weld County Records described as follows: Beginning at the South- west Corner of the East Half of said Lot 7, Thence East 90 feet parallel to the South side of said Lot 7; thence North 180 feet parallel with the East side of said Lot 7; thence West 90 feet to the West line of said East Half of Lot 7; thence South along West line 180 feet to the point of beginning. 2. Beginning at the Southeast Corner of the West two acres of said lot 3 thence North along the East line of said West two acre tract 180 feet; thence West 300 feet; thence South 180 feet to a point on the South line of said East Half of Lot 7; Thence East 300 feet to the Point of Beginning. Said described parcel of land is subject to any right- of-way or other easements as recorded by instrur nts 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 07,127- 333 780772 WHEREAS, the Board of County Commissioners of Weld County, Colorado, finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definition of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove described parcel of land owned by Jerry McDonald and James and Patrick Feighney, be and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � 7 ATTEST: 4741n.2 ;°' Weld County Clerk and Recorder and.-clerk to the Boar n Bt.UUu Iputy County rc ç4tASToFoRM: ounty Attorney Date Presented: August 30, 1978 r........- .. _ _ • RECORDED EXEMPTION No. 0961 - 9 - 4- RE 333 LEGAL DESCRIPTION G- ��V'"IZI The West two Acres of Lot 3, of the Northeast Quarter (NF) ) of the Southeast Quarter(SE') of Section 9, and the Past Hall (WA of Lot 7 of the Northwest Quarter( W' ) of the Southeast Quarter (SE!,,) of Section 9, all in Township 5 North, Range 65 West of the 6th P.M. , excepting the following two parcels: 1. A parcel recorded in book 1568 page 329 Weld County Records described as follows: Beginning at the Southwest Corner of the East Half of said Lot 7, Thence East 90 feet parallel to the South side of said Lot 7; thence North 180 feet parallel with the East side of said Lot 7; thence West 90 feet to the West line of said East. Half of Lot 7; thence South along West Line 180 feet to the point of beginning. 2. Beginning at the Southeast Corner of the West two acres of said Lot 3 thence North along the East line of said West two acre tract 180 feet;thence West 300 feet ; thence South 180 feet to a point on the South line of said Fast Half of Lot 7; Thence East 300 feet to the Point of Beginning. Said described parcel of land is subject to any right-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision;_aQd that the same \/ is correct to the best of m} knowledge and beiief. \• 4 , IAEP\ f Rf ES1 COh≤ILAEIC) P.E. L.S. iJ 4392 PROPERTY OWNER 'S APPROVAL , We, Jerry McDonald and ,lames P. Feighny ILL , being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. terry McDona v _ James P leighny III The foregoing certification was acknowledged before me this ,.'J day of I•��{,�r_�,__, A.D. , L978. My commission expires: ! 1� ) Wi mess my Ii i nd and seal . My Commission expires March 8, 1982 t ( (.,.i Notary Public 4/ PLANNr_NG COMMISSION CERTLFIC:ATE The accompanying plat is accepted and approved for filing. i I o ` er/ G IA I NAN C IA I .P1,1N �'�j 7 -4.-‘ _,- BOARD OF COUNTY COMMISSIONERS files , e A'C1'i:ST: 'u" r . i.n- .ri1 COUNTY C1ERK B} - :4.a,- - Dated fl ,�/� �,/ 'y � __ zL— stet., t i ' 4 RECORDED EXEMPTION No. 0961 - 9- 4- RE 333 -' S 90 (lt�:--a`33;T--Li p1 ! r+- 79 st ".:'`f' �A 33X-r i3z s..v =o Frxe a ,a PI i1 . I { AC ire ,earl )44-i-z y I F I . 'I ,COT B r /or_?rnoesli k. So&e.vevao• % LE-42-40 h •-,07,A-.0....,:/ lf�.+o� \9l ti I-- • Y',, Scr 01` _.<< v,.- �__� 3009 S e, ; +- �a;,., 9a' -' ��F" - --- zs,zo -� so.' 1 "s.../fs-.r�.,r tI ` i u h ,(O% Ai a 0 co �a i ; /. 074t,4nrPs 3R9 9r y rt, I'�, Vrc F y _�_-- .A9 7? - /6e9 - i-- 94? _.-. '90°4 Q,:f f f o s i,c,,.'c, f I 46799 a____..-- ,af> >sz�~ 4 ri ZIS. ,SirYx CFI SnC.o -. 1 OYY/YER: C I ✓E',ent- ,o .0 O/Y/94,0 0 3 - ('a chi' ,2 903 A: / HII \ 6rruT/7,�FT - _. tT ± T4 ; - s� 1 1 11 v';a 80,13/ t. 1 9 i — /44i I — — _ /Zefrirs, J,�ii—wi for i..407-2,7, 1 e' 1 � 2 S. H ivy".3 SCA,41..'I=zcoa' �. a .7T/6 ,F,zo>;r s;;r� ._ /s /r , Y/c ,'rV 41.9,0 1 engineering /ore/oared .6y .}reeie re-3/3 6-vJ/J i —. RECORDING ATA D . 1-4APS b PLAL_, NAME OF SUBDIVISION Recorded Exemption #0961-9-4_RE 33 — McDonald ld 8 James P. Feighny III _ - __— ---- E2 of L7 of the NW4SE4 SUBDIVIDER -- E4SE4 of 59, and the NAMF OF West 2 Acres of L3, N_ f o , all in T5N, R65W of the 6th6th� LOrATION OF SUBDIVISION S9 110081AUG3978 BOOK B1.3__ RECEPTION M ATE OF RECORDINGMARY ANN FEUERSTEIN MELD COUNTY CLERK AND RECORDER BY . RECORDER DEPUTY C I1NTY CLERK 6 ii dw rd O ,co O -1.) • w U rl "..s7)r0Q3 >4W Wac u v ';, ) wor- !t ac MI O V:,/ / ' o> n g B` to U u• ^ g _ y a \ v , !J9 0 0 m • DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 III C. COLORADO August 28, 1978 Board of County Commissioners Weld County, Colorado 915 - 10th Street Greeley, CO 80631 RE : Recorded Exemption #333 Dear Commissioners : The attached application, plat and related materials are in reference to a request by Mr. Jerry McDonald and James Patrick Feighny for a recorded exemption. The parcel of land on which this request has been made is described as Pt . of the west 2 acres of Lot 3 , NE*SE* and Pt . E-h- of Lot 7, NE*SE$ all in Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. This property is located at 985 East 18th Street (U. S . 34) on the north side. The subject property contains 6. 580 acres of Industrial Zoned property. The request is to split the property into parcels of 1. 074 acres and 5. 506 acres. As indicated in a letter submitted by Mr. Feighny, he has purchased the 5. 5 acre parcel from Mr. McDonald. Mr. Feighny plans to use the property for his water well drilling business. The 1 . 074 acre parcel contains an existing superette market building. Based upon the information submitted and the adopted poli- cies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons : 1. The City of Greeley Planning Commission has indicated they have no objections to the granting of this request which lies within their comprehensive plan area. 2. The proposed split conforms with the recorded exemption intent clause and the Weld County Comprehensive Plan. The proposed uses would be compatible with the sur- rounding land uses . Board of County Commissioners August 28 , 1978 Page 2 3 . The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Res ct lly, ii47:6;144,,L Thomas E. Honn Zoning Administrator TEH/CAC :kmh APPLIuATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . APPL . FEE .52 e' cL ZONING DISTRICT 114114.414% RECORDING FEE DATE 7yj RECEIPT NO . APPL . CHECKED BY QQPt0..... 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 : Su?.c.- A;�AclA,? vv An s A.J D�S6lU@t'cof� . ACREAGE: Lot "A" 1A.441- ; Lot " B" r, .yp4 +- ; Total L Sf3O Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No K Are there any existing improvements on Lot A? Yes x No Lot B? Yes No ,C FEE OWNERS OF PROPERTY : Name : CIZcp_n ]�M6 0^..�� AddresselY�stz i> ws- PhoneS2—Snto Name : Saw,v,A, IAni.,CK crt=-lc.,.:,4 l'i� Address 5'15- 4,r AO:a Caw tei Phone 3sl_c„zb Name : Address Phone WATER SOURCE FOR: Lot "A" c're ,,Y G.e.cecc; ; Lot " B" @,al,j-)u,,„ti-r*eAcAg3V1 TYPE OF SEWER FOR : Lot "A" st p;,c. ; Lot " B" StTT'c PROPOSED USE FOR : Lot "A" Bust/tie-Vs ; Lot " B" -g„,a,,vtts 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 COLD ) \ , STATE OF COLORADO ) 42s-----‘-. �., ,Cr.A ,�„_ �� ( gnature . Owner or/�A�ut ®® ri e`4 Agent Subscribed and sworn to before me this S day ofL4.Lw , 19 7 7 SEAL Not ;;cI;ritt4vd'Publ ' My Commission expires March 8, 1982 My Commission expires : July 10, 1978 The Honorable Commissioners of Weld County, Colorado P.O. Box 758 Centennial Building Greeley, Colorado 80632 Re: Application for Recorded Exemption Dear Messrs. and Madam: I have purchased 5.506 acres from Jerry McDonald on Fast 18th Street. The property is behind (north) of McDonald's Market and includes 77 feet of frontage on 18th Street. I am purchasing this property for use in my water well drilling business. I am already in business and own substantial equipment. This property is zoned "industrial" and is quite suitable for my needs. It was necessary that I only purchase part of McDonald's ownership inasmuch as I have no need to own the market building. Hopefully, this letter will satisfactorily explain the reasons behind this application for a Recorded Exemption. Sincerely, Tht James P. Feighny III cc wit, . ,s, .,, ,_ „;,44! a RECORDED EXEMPTION No. 0961 - 9- 4- REv333 r `41."4,0 'V M, 14 t' ',,:e. i fah..'. :`9 SOAL DESCRIPTION 1. :1444,11"C-� kvtx . ,' '_ he West twu Acres of Lot 3, of the Northeast Quarter(NE1/4) of the Southeast Quarter(SE41/4) f,4S,gction 9, and the East Half (Ell) of Lot 7 of the Northwest Quarter(NW1/4) of 'theto `I 's$ i 'War ,, q }1teast Quarter (SEA) of Section 9, al.l. in Township 5 North, Range 65 West ofkther', g, ,4,-1 th VM,', excepting the following two parcels: 3, 4,y ,, . A'parcel recorded in book 1568 page 329 Weld County Records described asfollowS ' 'Beginning`at the Southwest Corner of the East Half of said Lot 7, Thence East 90 feet parallel to the South side of said Lot 7; thence North 180 feet parallel with' the East ' k,, ';, ( Si de;;of said Lot 7; thence West 90 feet to the West line of said East Half of Lot, 7; y ': ,~ ;hence South along West line 180 feet to the point of beginning. 4 ,2. ' Beginning at the Southeast Corner of the West two acres of said Lot 3 thence i ., "1:-/, orth along the East line of said West two acre tract 180 feet;thence West 300 feet; V ,thence South 180 feet to a point on the South line of said East Half of Lot 7; .: g ,c epee East 300 feet to the Point of Beginning. '.'''�,4 P4 Said described parcel of land is subject to any right-of-way or other easements as , ' 7 , i ecordedby instruments of record or as now existing on said described parcel of land. IY.rIP� .' y SURVEYOR'S CERTIFICATE 's�,a79fa. 'R7.N) • , A' ,�: ) _ ,.J 5 .:}..41;7(r„� A Pi. r fl ereby certify that this plat1 was prepare ,dntter my supervision; that the same 4 4 hxislcorrect to the best of my kjow<4jd/ge7yand bs ie , •r Vf)csi� <�"` ; JP FREE. E £.t �,+ :4",. rwt;••••c) CO P.E. & L.S. ii 4392 s' 'zPROPERTY OWNER'S APPROVAL_ 14,4 „k 6.1.0p X e`,+/Jerry McDonald and James P. Feighny III , being the sole owners in fee of the above wfAq. " '^described property do hereby subdivide the same as shown on the attached map. t4tt lib 4 3 4`" Jerry McDona pMb s, P. Feighny III \—\\‘,„ the'foregoing certification was acknowledged before me this .b day of ' 4 ':, 1978. y'commission expires: Fitness my hand and seal. My Commission expires March 8, 1982 m1,1 x... Notar Public PLANNING COMMISSION CERTIFICATE ++The accompanying plat is accepted and approved for filing. A t CHAIRMAN �+ ` BOARD OF COUNTY COMMISSIONERS TEST: COUNTY CLERK { w; By Dated ox Ake Y 't.,r` if ';'it C t r RECORDED EXEMPTION NQ. 0961- 9- 4- RE 333 �\ 4 - 64t NNPp O'n w'n w.... C. ,f+ ^ 33/- 33Xr /3.79 -to!Es.7 T.Fc c '`440 ). ' A-/x ,e„,T N »46T eh z/9c_rS N J .COT B ` •( ror3l 4. j u S. SDI. t Acres Scwie.7"VoO' 0 ,CEQ,F.n/D ^i o •yO,n Fo v.d 1`1 c:11 . A •-. 0, So T U re) b k ' Serf"- .o.c-1 • i.Y ,r 3 002 r " 4'/.°c s 2rrisr.. €7-_90,-ley../ i M 1 -�T`ri '� �-- .7600 '_i 'O i ` /^...t.(/F-.r l,�., ( fpf i y - r1 kAr u t' ° ,COT f' ' 0 ` N o� N � e 0 % rya II " i n,' /.D71E-"Peres kic, o 9r * y n R be ,,z ,„c F R Q 3.79_ 77 i /6®- o 'sir )r_ )t8: - <! //t., s M Vii sWco...�� fz`Y 'rs v 46799 / ats e�-' Ire4 / 300.0' r_ p` "4::::‘ ca,.f, to 903 iil ✓JWRr z)1,- .00/)//9.,0.(D /49,-,eST.�,FfT t ,'6- --d. ,r:,,r 9 6/7114c-1,e); CD.loe,9DD 4 o 9 6'063/ 9 ediri\ _f„,„....„.„,_ n n i tiL L'4,4,, .: r 1t 9;�. .1,,raj, /7 /( .f ROia!sT,-rT /s /l ore/oared .6 .reede en,ineeren / / 70-3/g v 6•saB �..,. C) W .0 , �1 , WRJ-5-75, Ni CO..JRADO DIVISION OF WATER RESOU. ,ES c� _ 300 Columbine Bldg., 1906 Sherman St., Denver, Colorado 80203 0p°, Ooz PERMIT APPLICATION FORM RECE7U D Application must be complete where ( K) A PERMIT TO USE GROUND WATER I applicable. Type or ( x) A PERMIT TO CONSTRUCT A WELL ,O( ''7 print in BLACK FOR: ( x) A PERMIT TO INSTALL A PUMP D( INK.No overstrikes N or erasures unless ( I REPLACEMENT FOR NO. WATER R[SOU STATE ENGIN= initialed. ( ) OTHER GOM WATER COURT CASE NO. 23-i (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMNck: NAME�fiDAc- ?' Ftit%614:1 r Receipt No.�9? / & STREET /5 ( r q -cl-t-sr A trP Basin Dist. CITY 6O.6-s=La-L-„,., co FO1)31 (State) (zip) CONDITIONS OF APPROVAL TELEPHONE NO. BSI — Ca g2. This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County =t-+7 C tiz LoT`1 right from seeking relief in a civil court action. N w Y. of the 'SC- y., Section "1 APPROVED PURSUANT TO CRS 1973, 37-92-602(1 )(d) Twp. 5 AJ , Rng. Lc- w C, P.M. FOR DRINKING AND SANITARY FACILITIES ONLY IN AN uv.s (E.W) ' INDIVIDUAL COMMERCIAL BUSINESS. AVERAGE DAILY (3) WATER USE AND WELL DATA APPROPRIATION SHALL NOT EXCEED 400 GALLONS. Proposed maximum pumping rate (gpm) t C Average annual amount of ground water ' to be appropriated (acre-feet): Number of acres to be irrigated: --' 0 — Proposed total depth (feet): ADf.Mh '3 SO Ppuifer ground water is to be obtained from: fro x, int ll &ANJN-I-orR Owner's well designation GROUND WATER TO BE USED FOR: (1J HOUSEHOLD USE ONLY - no irrigation (0) 1 1 DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( I IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 839 n n PERMIT NUMBER .7J (4) DRILLER JUN 291978 DATE ISSUED Name �t`^� '-\(.21.1 { EXPIRATION DATE JUN 29 1980 2,..S-2,..S-Street - 20 V—STA t=El Y e:1 _.� /VQ City 3"."01)0 1 snlc\ CO ?)0 3-1 ap. (STATE ENGINEER) (State) (Zip) Telephone No.(412A-40c1to Lic- No. kb% BY I. n2-- COUNTY__62-"" / (5) THE LOCATION OF THE PhJPOSED WELL and the area on (6) THE WELL MUST BE LOCATED BELOW , which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location.n • IMO + — —I— — + — + — —I-- — 4" - � -- + -- —r- IIOW� ft. from St;((north sec. line r'11:10€7-' or south) I !t----1 MILE,5280 FEET----�I I {� ft.from �.0 sec. line (east or west) {- "I- 4- + +- + + + LOT BLOCK FILING * I I i I i NORTH SECTION LINE _ I SUBDIVISION I (7) TRACT ON WHICH WELL WILL BE I 1 I LOCATED NORTH Owner'Setmer ? o- , rIallr-.:1A '� + z" — T — — — + — _y + + No. of acres s,4 . Will this be J I Im ' O the only well on this tract? MILS O w i (8) PROPOSED CASING PROGRAM I i- I 1 r- Plain Casing +. 4_ 3_ _ _,_. _ ' _x4_ _ _m + f L in.from Sk.4A« ft. to WI ft. I I I 1 9 _in.from 10 ft. to 310 ft. -I— _ —i— - I I _ .4_ _ 4 Perforated casing SOUTH SECTION LINE I I I I _in.from 32O ft. to 35.Q ft. -1- 4- ± + -{- -I- -1- -- 4- in.from ft. to ft. I I I • I I (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) .. .449 gallons per minute(gpm) A family of 5 will require approximately 1 acre-foot of water per year. C- 1 acre-foot . ..43,560 cubic feet . ..325,900 gallons. ,,:e 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (101tAND ON WHICH GROUND WATER WILL BE USED: Owner(s): SwV.At S P. \'•�I t,ts" 1E No. of acres: C'.4.- Legal description: 1 — t t--OT"1 pyt-:�41 SL=\f4 ttC- 9 -j-c;-N tics- 67 (fie(a C'o (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. tAJI_r) coi St.�ki, £.A1A bA., L'i,rvc „;„_-r €4,7,_,„I -- SLt`'RC- -r NU._ t,a lTs `cac i1 K\t-u (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for(purpose) Description of land on which used 1 SwA/4 13to..e42 5at1161- ton: ,cLwv. V^01�,.sriny.12 W ancrco 131-3 tN Nr�sf sat t St_z q Du u'1 . 1_42 a ;'1 (N 4vi r /4, S&t- scc$) (13) THE APPLICANTS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. Vii,.n k � r SIGNAT F APPLICANTIS) \ Use additional sheets of paper if more space is rego, • *•J �. «� l p S K y�/ .e 1,, . "ice ,. 80OK 833 s_-.5- MAY 2 6 1978 v Recorded al // &deck fir_M., on_ Book Page I O Raccoon 1954719 MARY ANN FEWERSTEIN Recorder �l.J" J ) _--- a -I . Warranty Deed I • THIS DEED is a conveyance of reala vey property (including improvements and other appurtenances) from the •.• Individual(s), corporation(s). partnership(s) or other enthy(les) named below as GRANTOR to the individual(s) I • a or entity(les)names bebwas GRANTEE. - tT The GRANTOR hereby sells and conveys to the GRANTEE the real "property") n--sproperty described below (the 1 • r— with all Its appurtenances, and the GRANTOR warrants the title to the property, except as stated below under n• WARRANTY EXCEPTIONS. tr. r— .--I • The specific ten as of this Deed are: • GRANTOR: Cat..�,u rarmrr.erwrra�.v.•.r,sway a w.NM n Shand,v« e«., nr.•e.. i • i° JAMES P. FEIGIN'Y and HATTIE FEIGNY, 2520 Estrella Street, Loveland, Colorado 80537 P T a .1 GRANTEE: ma.Pawls,rarm.l.l.�.d N vas wa�ad�+..r......w.d..re...ev.. .-/ o • AMES P. FEIGHNI, III 515-41st Avenue, Greeley, Colorado 80631 a • FORM Of CO.OWNE*stm: at,,.en Iwo ow.cannel.tee.M as w con.e..d.W.wo.n in maven,w,.w...r'. drrr.mee..ass time 1.1.•.I Ma„••,•.ti ear IQ 41 CV PROKIITTGERaMMON: Property described on Exhibit A, attached hereto and .moo i- made a part hereof. N a 2 • State Documentary Fos I Dote.._MY 2 6 1979 I f-- `-' no OOtM10UAl1ON: nn.•erawee r a alit mow a rate.Sewed le•naa.er weaned.e he oar.r the war.n..a renew.a p,a.w,_ r,.rnYnaoboes.arr.usir..x..ara.mmrbedlam a mar Snails'Y Ills er I • RE•ERVAT)0•91-RESTIOCTIONS: ■-Gamma~Is in maw..roa.a e./#Y near ear he taw to en o t 1.mums.....we the Lamm,re a.a r•n nee a.ea Inlet,ane's01 w•.S Y rya•d.a.I WARRANTYDICE7rlons: The warranties of this deed do not apply to the following:. (cross out as appropriate) In the sen of the general property taxes for the year olds;deed and any statuary district aaewn.nn for the year d ma deed collected with the property taxes,not including local w improvement eaements •4 121 easements and r4 -d-vw•for pale roadways and for utility a nn anctu&,g pipes)serving the property . i (31 reservemns and cordatcm m the potential from the United Stain or State of Cdor.do i • •e r 'sit. H) protective covenants show of record 151 outstanding meant irons.Ind ding but not limned to oa and gas interests,shown of record IW neemnm and right-of-way lot argatbn ditches established pen the property and other easements end rnglo-ol-wary shown or record 171 outstanding lens.(This exception sty apply only d a deed of trw,mortgage Jr ocher lien•clentified in the following apace.the Grantee n • agreeing x•rune and pay the kenld allele a dtaerern indication.nude 1 • IS) the lolo'Mng additional mown Stgood on • Mali 24 . 19_8 /fCJYt�'"/ ✓ i3 / / J. Cop,•'+., dllICS FL Grantor Cc/ ''-R_Y'.� ` Grantor ay a Fe ,rentw coiptitADo CJ:t : sws I L Grantor e Sang nout;na was adviouiedged before me dies —1th day �1av ,19 '8 '.. S,6y ,lam s t4at `F.eighny and Hattie Feighnv v. Peid and official sealp V . lipwarainisilign expires v v-J i ;G'4 c#-t- Z.,,,-., < < / • Il No Pilot STATE OF 1 se • COUNTY OF I Ott) Net loregug r,tument was adowerAtdged before me rut day of 19 by WITNESS my hand and official seal 4 w conatttrnn expires $gill Nary Pubic 1751715, EXHIBIT A Attached to Warranty Deed dated May 24, 1975; ` 4 Grantors: James P. Feighny and Hattie Feighny Grantee: James F. Feighny, III • Property located in Weld County, Colorado and legally described as follows: The west two acres of Lot 3, of the Northeast Quarter (NE$) of the Southeast Quarter (SEA) of Section 9, and the East Half (PI)of Lot 7 of the Northwest Quarter (NWI ) of the Southeast Quarter (SEA) of Section 9, all in Township s North, Range 65 West of the 6th P.M. , EXCEPTING the following two parcels: 1. A parcel recorded in Book 1568 Page 329, Weld County Records described as follows: Beginning at the Southwest Corner of the East Half of said Lot 7, Thence East 90 feet parallel to the South side of said Lot 7; thence North 180 feet parallel with the East side of said Lot 7; thence West 90 feet to the • West line of said East Half of Lot 7; thence South along West • line 180 feet to the point of beginning. 2. Beginning at the Southeast Corner of the West two acres of said Lot 3 thence North along the East line of said Nest two acre tract 180 feet; thence West 300 feet; thence South 780 feet to a point on the South line of said East Half • of Lot 7; thence East 300 feet to the Point of Beginning. -f • S 1 . - era _ _ o - .'../. , a ; .k BOOK 742 P JUN 27 1975 0 Bearded et o'clock N., • Retention No. 1663913 e a rm -ucc . � i ~f RD00IDRi's STAMP - k' THIS DZID, Meath's 20th dayd June ' U 75 between RUBY B. McDONALD a r•' < ' 0-1pi';: Sale Datt®adaff FM ( ,• o „'JN 27 1975 d a Comb at Weld end sate of l� • w0 Colorado,of the ant part end JERRY McDONALD AND $ 3.oo LA VONDA MAE MC DONALD e-1 • • eta bay of Weld and State of Colorado,of the.,ca 'put: • a WITNZDZ a ad ZTB,that d party d a ant part,far ad a ldt ae as is a a.of • „t OTHER GOOD AND VALUABLE CONSIDERATION AHD TEN -DOLLARS, a .4 .4 O tow aid pert y at a fat pert a hated peld by the ad part.of a mad part,a receipt whored r .i • o hereby eaGaad as a n awladpd,ha s aatd,beegdesd,old ad wawa ad by thee primate do o net.baga,sell,awn ad eaaeis ate the saki parties is the and part,air Min and alga forever,not o in taaeny a awes ha a]eat b aeq,an the following dangled lot or pant dad,lasts,bag ad e-- bag le a Crab d Weld ad sea of Colorado,to wit: Na� • It The East Half of Lot Seven (7) of the Northwest tad +s Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) adi of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, except that certain parcel of land conveyed by Deed recorded October 7, 1.960 in Book 1568 at page 329, Weld County Records. • worms with all l and aam hdlast ad appertains app rtase thamato blaga I. asg, or alm TO .pert rag.as ewreaa and rearel ea,reader al raead.m,rat,bans ad prat and;ad W the ah*L S a ata.at, d.. ad dead wLWser ed the add party Oa fat pare,Mar Is kw a gelb,td,in ad to a abase berg bad Rasa with a I—. -as appurlaaaa TO HAYS AND TO HOLD the said pre.aes a• re bergauad ad daeribed,with the egaaanca,unto the said Dena et a.tend part,air l ars and sagas.,norm.And the rid pert y eta ant part,for him elf . his heirs,aneoan, and adWletraton do meat,great,bar In ad tam to ad with the aid parties et a ascend pat,air heirs end assigns,that at the time of the aadag and delivery of them pan is well slad is the teaaas eio a ennead, es of good, sun, perfect., .belt* and indefeasible *ate of inheritance,in law,in fa siapte,and be s goad right, full power and lawful authority to great, bar- gale,sell and away the ono in manner and form aforrrald ad that tM aaa an free sad alter from all farmer as as.grab,bargains,alo,gas,teas,anannent and aocambra•a of whatever kind or neon ton..., excepting reservations, covenants, restrictions and conditions of record, rights of way and easement created by instruments of record or established on the premises and 1975 times payable in 1976. ad tows Mrpaed prase In the pat ea psesble paaeeae is a said path is a mad part,as bin ad eat"alma all ad army perms or persona a rta alas or to dabs the whole a any pert and, the said pat y of the that pat shall end will WARRANT AND PORKVIZ DEPZND. IN WITNinS WHIRZOP a,al party of the feint put he s nets at hitches/ ad lI al the de,Win y lira above written. rn��(n /�p/�,,�1n�} y} N silped,eWd sod Dawd a a Preened lL�_'_/,l �� _(AL] Ruby B. McDonald 6! ;NSTATZ OF COLORADO, `_--- (S.414 ,r :• c cols Weld '.1pf .-opt t} t fin en J_aaraat was aloswa/yid bale.In this .Q 0 day is jLt h Q. •,d 75.bo RUBY B. McDONALD My tallies egire ,II .Willa my bad anstill al.My Conlinion enpkm May a lyn J,a,an-&-i .--•1C. r r/ —tts.e / 14. ,Ifi ,F..• : - .. ..MIDI!"Y1#�lRiw�swsw,•..w...c..uen'.r.....i• • 7ss 1977 � � � RecoNed a• �r�.r�_M..oOcllo�ck '�I . iV I Rerepton No 1 !Y1-5JU_ E-/1'Re orA — tnollt all tarn bg these presents: I '?t'BY B. 'lc, -.n, a window , whose street address is _. - ,City or town of. .. Greeley County of W'ld .. .....and State or Colorado for the consideration of w v Other valuable consideration and TEN AND NO/1,00 Dollars, r in hand paid,hereby sell(s)and convey(s)to..._. ... .JFRRY MCDONALD o IC 7_ 1City Greeley whose street address is N.- /6— :24,el, or Town of y County of Weld and the State of Colorado the following real property in the County of ''geld and State of Colorado, to-wit: x r- West two (2) acres of Lot Three (3) of I the Northeast quarter (NE1 ) of the �: Southeast Quarter (SEA) in Section Nine _ -' (9) , Township Five (5) North, Range Sixty- five (65) West of the 6th P.M. t 4 ACTUAL CONSTDFI ' ' ION LESS THAN ONE HUNDRED DOLLARS with all its appurtenances and warrant(s) the title to the une, subject to. Signed this.__.4t'' day of ... January _.. _, A.D. 197?........ In the Presence of . . /. : ! I - 'ri...6 :.. e.( A— out r •• •',rmald , a widow S _ - — STATUTORY ACKNOWLEDGMENT STATE OF COLORADO, sa County of . CC:L 0 1 alb P'CNk1'.4 y/( T dfo bong anuanrwas acknowledged bef 9 sse this yy o ±S��' N' GTAi! �a' 2_ By Ruby B. Mcppnaldm,_a._widow-. - :� Witness my hand and official i� P My commiaaiOn amirhs ..,1.. -... .. .�1'... .7 a u -,,,d •........:et / L.. - . Banat.. rank .„ OF 60 0--,.. Nems — i _..__. ... .. _ _Miss Wlllu,y4+Y for ..._._.- -.._.�.y._____. AM,t• 414 ' y X10 - �. -: IEfY ! , + i1 a ' 1 1 d • ` ` V4 . r - . - :1'-;, . ' V . t, A L L •... E Y LT' U. r. it L., 2 ; \tF It- t Q R.I C 6t y ti•,• -c t, • . y.: At. '='+ii •- ' ,.. --.. 4662 �V �t (. _ ilf \ii . • ‘VC• i ,� 11 . -• -11$ . r"!FS '•�—Mv ., ^•. gg �.'ER- - ..A \ .1i, f—, I t 34',.-1i • •'fir..- ..s. ob_!I A .r w <r ;• A • ..? i+- � ,t7. ,L. f ,p%:'.lra iu�r ♦ r w ' 6ti !XL 1l 1.'- 74111' '14•4443(4'14k3 1� ?!e.^5#r , . > • :,-,,s-r" rl#��t•. c k{ i x .[4,64•; •' • k P• l9i e t l • I ' s; k 9 IfP , - rL'__ I.` .y._- 1.�l ,.3 d '.•, 5'1 # 1 •.s • • • � cA •.,.wy1 µj E •2d 1 $ it t ry�y #JYr 1 '15 + �' 2. el: N y n`VT • A A w i ayrxrtn' •�. • i. tart -• a � }MTV r $ at• i a,• . ,{ � ` • 1' `� _`x"-. J . •t r'y Ycr v^eri, +t�j't r �.. _ ` d` ! hie.,.. !4A ...md`aa. iur••rilm . r �' ,1 ♦ .+j ,� t .s , ` :.. . 4,-.-a..-,, : rte. �) r .1 ." r Y • II ifi 4. ,../ • • flair' ` 1 #1 to o r •}-V- _ eb.n °�'a a r •__ t, r fri:c- 1 14 �' ,p x . • •t 1i yP • ,✓'* 1. 'I• . i -• b .•1 r^1�y'A ,t ,a€ - a,f 'S . A ° may'. r '� '��:3i.9 •�`x C', .. - �``T ._i1' � mil'""-a ' „r STATE DEPARTMENT OF HIGHWAYSweld County JACK KINSTLINGER EXECUTIVE DIRECTOR SH 34 ESlit McDonald-Feighny Exemp. DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE DWIGHT M. BOWER CHIEF ENGINEER ENE R, DISTRICT ENGINEER STATE OF COLORADO 4,600' E. of P.O. BOX 650-1420 • 2ND ST. • GREELEY. COLORADO 80831 • (303) 353-1232 First Avenue August 3, 1978 Greeley DOH FILE 45100 Mr. Chuck Cunliffe Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: The Colorado Division of Highways has reviewed the Jerry McDonald and James Feighny application for a Recorded Exemption, and we have the following comments for your consideration. 1 . The Division does not see the need for additional right of way in this area for upcoming projects of ours. However, the Weld County Comprehensive Plan indicates that 100 feet of right of way is necessary to meet County standards. Any additional right of way to meet one half of this 100-foot requirement should be protected by reservation or dedication. 2. If an intensified use of these properties is anticipated as a result of this exemption request, it is important to plan for access, drainage, and highway noise impacts as they affect this site. Other rezoning and exemption requests on State Highway 34 will affect the ability of the highway to handle this traffic. A series of driveways, one after another, would not be desirable, and so alternate streets and/or service roads should be considered. On-site detention of storm runoff may also be needed to prevent adverse effects on the highway, and adequate setback distances should be maintained to protect new buildings from highway noise. We appreciate the opportunity to review this request. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Ay- Albert Chootvacs AC: da Assistant:,DiStrict Engineer cc: D. M. Bower D. N. Fraser File: Crier-Jacobson via Rames-Finch-Graham w/encl . -Fs l � ._ FIELD CIIECIC FILING NUMB�E�R : _R E3.13 DATE OF INSPECTION : 8/%o/,s NAME: Y f CbovsA\a./ Fe.t y & ny REQUEST : _ (tad CKC t \ t P r .. LEGAL DESCRIPTION : �, usyz- 1.04-6 , t41p11t, EZL.o4'7 up-nee 1 !! S444-.9 • c•(es LAND USE : N R.eS, ,k-tgtt / A 1C,�y1KAve - I, .140.. IP\a.?,, c7 YYth \ • S 1N.Surslr.% \AOYYNe.. Res• , Q Q , ZONING: N v\t�` �t+�M` LOCATION: QO//� � . 1V,R' E ' ., (�,�Lifrt10N` {Y Ir& s4\n0.1 COMMENTS : I l \0A" 16 , EXA T"' IlLkt\e" as (\M )ana\+" vsne rVer" /For ki-, o1/4NnC1. S se egtA sot. ke.%�-4 C..a_ \oe"At &. or E . tes sift \�ru�a�e.d. Lo ` w`` be . p*cccsses �.{ 't tAii BY: &aeprits• I L BOARD OF HEALTH Weld County Health Department DAVID WERKING. DDS. Greeley FRANKLIN D. YODER. MD. MPH RALPH AAB. Greeley Director 1516 HOSPITAL ROAD WILLIAM BUCK. Roggen GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley DONALD HERGERT Windsor 1303)353-0540 ANNETTE M LOPEZ. Greeley HERSCHEL PHELPS. JR . M D . Greeley KATHLEEN SHAUGHNESSY. Ault JOE STOCKTON. Gilcresr August 9, 1978 Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption as requested by Jerry McDonald and James P. Feighny has been reviewed by staff of the Weld County Health Department and no apparent conflict with state or local health regulations is indicated. Sincerely, di"— hi' 704-17) J G. Hall , M.P.H. , Director E vironmental Health Services JGH:dr 16—.191O11/3AU61978 LP sHw.,fi'iVEQ w �O4A,, .fl ��vrc-i, SZ tiZti22Z1, .1 r - ; a.r y s h r4r r r YY Cf �.' X a 4 .� P1.1.1- rl4 t t i all I - _ n , ,callair14.14)ns' - 1' , , r * No g < om'..`.-�..... 'i M �. r �'r�rY T 'dam "Tr '� t ,3 +/� c�.�+� � .ate: \}Y 1 • GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE (3031 353-6123 August 10 , 1978 Chuck Cunliffe Weld Dept . of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Chuck: Re : Referrals 1) Rezoning "E" to "C" (Bliss) 2) Rezoning "E" to "C" (Bernhardt) 3) Recorded Exemption (Hertzke) 4) Recorded Exemption (Uyemura) 5) Recorded Exemption (McDonald) 6) Special Use Permit (Geisert) On August 8 , 1978 the Greeley Planning Commission reviewed and made the following recommendations : 1) Rezoning "E" to "C" (Bliss) - -The Commission recommended denial , of the rezoning and suggested that City and County staffs meet to provide some overall guidance to development along 18th Street. The Commission noted the following concerns : (a) inadequate public improvements (water, fire , sewer , street) , (b) lack of interior street and secondary access , (c) inadequate use buffers and site development controls , and (d) non- confor- mance with Comprehensive Plan which suggests commercial activity clustered near First Avenue and the cemetary. 2) Rezoning "E" to "C" (Bernhardt) - -The Commission recommended denial on the same grounds as the Bliss rezoning. 3) Recorded Exemption (Hertzke) - -The Commission recommended no objection. It. was requested that the applicant work with the Highway Department to ensure adequate dedication for a widened 10th Street . 4) Recorded Exemption (Uyemura) - -The Commission recommended denial . . They expressed no concern for the creation of an additional residential lot, however, private access easements do not conform "A COMMUNITY OF PROGRESS" ✓ Chuck Cunliffe August 10 , 1978 Page 2 to Greeley Subdivision Regulations which require that the access to a public street be in itself open to the public . A street dedication is recommended. Such a street could then serve the platting of additional lots . 5) Recorded Exemption (McDonald) - -The Commission recommended no objections . The Hiuhway Department has recommended consolida- tion of access to a Single driveway serving both parcels . 6) Special Use Permit , Mining (Geisert) - -The Commission recommended no objections to the proposed mining operation . Staff expressed concern for adverse impacts of flood water diversion onto City property. The Commission expressed interest in encouraging a reclamation compatible with ultimate Island Grove Park development . If you have any further questions , please do not hesitate to contact me . Sin -ere , Sek71 6Ttl J hn Given A :) a l' C r.rent Planner A) <I 121 40619 v+ JG : ka Tt ® 78 l/e0 _4 ct, to ci) a 9e4�h'EZZ \� c, V mEmoRAnDum WLiVc. Ta Planning Commission Date August 14, 1978 COLORADO From Gilman E. Olson, Engineering Department Subject Jerry McDonald & James Feighny (R.E. ) 4/ There are no engineering problems anticipated by this request. „yefts - k- Gilman E. Olson Engineering Department GEO:sar Fr' N' RECEIVED. reN bad ti casIsta •,‘J e, Latii Hello