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HomeMy WebLinkAbout760600.tiff a RESOLUTION WHEREAS, it has been determined by the Board of County Commis- sioners, Weld County, Colorado, that a certain tract of land being the property of Etta Mae Sirios, Edward R. Sirios, and Louis Sirios, Weld County, Colorado, and more particularly described as follows: The West one-half of the Northwest one-quarter of Section 32, Township 2 North, Range 61 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as: Beginning at the Northwest corner said Section 32; thence South 00°00'00" East on an assumed bearing along the West line said Section 32 a distance of 2638. 95 feet to the West one-quarter corner said Section 32; thence North 89°35'40" East along the South line said West one-half Northwest one-quarter a distance of 1321. 09 feet to the Southeast corner said West one-half Northwest one-quarter; thence North 00°01'53" West along the East line said West one-half Northwest one-quarter a distance of 2639. 33 feet to the Northeast corner said West one-half North- west one-quarter; thence South 89°34'40" West along the North line said West one-half Northwest one-quarter a distance of 1319. 65 feet to the point of beginning. Contains 79. 994 acres more or less, does not come within the purview of the definition of the terms "subdivision" and "subdivided lands" as set forth in 1976 C. R. S. 30-28-101 (10), as amended, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed, now desires to exempt this particular division of land pursuant to its authority under 1973 C. R. S. 30-28-101 (10) (d), as amended. NOW, THEREFORE, BE IT RESOLVED, that the hereinabove described tract of land owned by the Sirios family, Weld County, Colorado, be exempted from the definition of the terms "subdivision" and "subdivided lands" as provided for in the new Weld County Subdivision Regulations at Section 2r1, A. , (3) adopted August 30, 1972. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of June, A.D. , 1976. ATTESTS off. -V-: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder � • ri_and Clerk to'the Board Deputy Co ty Clerk RO DA T M: pecia L g-1 Counsel (?c ).P.Aio en�e,J e t . . ; C/ �j( / S- a 1 760600 RECEIPT FOR CERTIFIED MAIL-30c, (plus postage) /// y POSTM I SENT TO OR DATEARK• John W. Henderson r.. STREET AND NO. First Nat' l Bk Bldg CC CP.O., STATE AND Z II1P sC0D�E. � . 6/10/76 G OP ORAL SERVIC 5 OR_ADDITIONAL ITIO3 FEES RETURN 1. Shows to whom and date delivered 15@ With delivery to addressee only 650 C RECEIPT ' Z, • RShaws to whom,Gale and where delivered 35@ SERVICES With delivery to addressee only 854 DELIVER TO ADDRESSEE ONLY . _ _ 55 — — O — a SPECIAL DELIVERY (extra fee required) I Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL r GPO 1414 0-551-ass &Ii y dc reso% o/7s I ,4/7tegi /6974 size • /fir/a/7of a ./2n7 y ee,ra/d <'xr/ > -, , t.. igt ,0nr ' � ill. E • II% - 4k. r �+ .a0. '� a Ir i. ,I tjalt . .,', : weir, . , i,, ', T - S.-41 s . ' 1 "..;‘,..', , 1114;%,,. 4. -4 ti, ,1 : •• ..,-. i' . I! ii11h = ; zit, , l0' N t ig , t. �.9r PSG F Y II ' JiJfl1Jt! 1 11;� '� �1 t4 + ':1 . I.I, 1 a„IiOro � f4 ,It lIr.� fc :s S ' 9s i aw - A ,4r �L II `+ j 't ' r T e. 0. ..1(4kt V-. •AtruN' . rotate).ANle" a',`oAND Ci�`� ' IL ii 0 1,1 RECORDED EXEMPTION N0. k_d9-32- 2-RE21:i ,' / r - ' / i, X71._ . r O i if LEGAL DESCRIPTION: /i The West one-half of the Northwest one-quarter of Section 32, Township 2 North, Range 61 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described ass Beginning at the Northwest corner said Section 32; thence 500°00'00"E on an assumed bearing along the West line -rsaid Section 32^a di"n once of 2638.95-feet to-the West one-quarterr corner said Section 32; thence N89°35' 40"E olong the South line sold West one-half Northwest one-quarter a distance of 1321.09 feet to the Southeast corner said West one-half Northwest one-quarter; thence N00°01 ' 53"W along the East line said West one-half Northwest one-quarter a distance of 2639. 33 . feet to the Northeast corner said West one-half Northwest one-quarter; ' thence 589°34' 40"W along the North line said West one-half Northwest one- quarter a distance of 1319.65 feet to the point of beginning. Contains 79.994 Acres more or less. "i'„, , 4.., 1 Point of Se nn, NW C See.32, N.E.Cory%,.I ' W. T.2N.,R.6/w. Nit a Sec.i2 — -� S.896.3421014/ � W /5/9.65' ' N r gy,. K COT U' 1 ap Sec. 32 R ZI k - 0 2C0' 44)0' i ))) 3 i P, �- DoT 8 J _ _, f° ti off, 76.888 Ac. ;h soul.: /~=soo' ry M ry p Weld Co.Rd /4 / 4 1 Ion% /o eds.Her 52 • h N LOCATION MAP -"9 c /".2000' 4 The undersigned being the sole owners &A gs 3 in fee of the above described property o' en do hereby divide the same as shown on `� the attached map. I 7 • . tri LOT A g I AIr 1I ii n y, IJ.,d L.: (�, (,-1 I>I 7,,z , 3.0T Ac. Eta Mae Sirios Eward R. Sirios F ' A n • 51 *ra: (Per-soma Reprasentotiv,e _ - a seox,o, 0 8 of the Estate of William Sirios, & k 2 66/•09' deceased) 660.00' N. B9.35'40"E. /32/.09' The foregoing certification was 1` IC Jfr COI. Sec.37 S.E. attar,*Niek , acknowledged before me this day of C:////1,,,,, A.D. , 1976. My Commission/Expires ; 2 2O /7/7 •.-1- hereby—certify—that-this plat-was - -7,0 // J p 'T - rprepared under my supervision and that the same is correct to the Notary Public best of my knowledge and belief. The edaccompanying plat is accepted and 1;" app o��ed for filing . ‘,:.E ward Lind, Jr. PAS , 4` r }Reg. P.E. 4 L.S. No. 2730 a rman of he oar o County Commissioners s,'i ATTEST: County_9erk and Recorder / ` : • tee° ° wild r e -ii l_ 4 WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION S i•A"1 E OF COLORADO ) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION : The West one-half of the Northwest one ucrte., .J :.action 3? . 2 N;;rth, Ronne 61 Wes ; of the 6th Principal Meridicn, '•�c1:1 Cour1ty, , . more p'-2rticularly described as : Beginning at the Nor-Lhwest corn Section ;2; thence 500°00' 00"E on an ossumed bearing oion.- seed Section 32 a distance of 2632.9'.72 feet to the W.West one-Cue"'Le« said Section 32; thence N29 .SJ ' A0"E along the South line said es-c. Northwest one-quarter a distance of 1321 .09 feet to tho Southeast said 'lest one-half Northwest one-quarter; thence NOO°u1 ' :;a' 4 along East line said 1;eSt one-half Northwost ' one7f carter a distance o feet to the Northeast corner said West one-half Northwest one--cuarter; thence S:39°3''"0"t1 c?onci the North line said West one-half Northwest c quarter c distance of 1319.65 feet to the point of beginning. CONVEYANCES (if none appear, so state) : Reception no: None , Book P. ception no . , Bcok Reception no. , Book Reception no . , Book Reception no . , Book Reception no . • , Book Reception no . , Book Tai _ Certificate is made for the use and benefit of the Planning Commission of Weld County , - Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the amount of the fee paid for this Certificate. In "fitness Whereof , TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 10th day of May , A. D. 1976, at7: 45 A.M. o ' clock . TRANSAMERICA TITLE INSURANCE COMPANY Ry A+s H0111 ZEP S ,i�IATU. E STALE OF COLORADO ) SS. AFFIDAVIT AND STATEMENT COUNTY OF WELD ) John W. Henderson, Attorney at law, P.O. Box 876, Greeley, Colorado (First National Bank Building) , being sworn upon oath, deposes and says: 1. That he is Attorney-in-Fact for Louis Sirios, Personal Representative of the Estate of William Sirios, deceased , Etta Mae Sirios , and Edward R. Sirios , all residents of Weld County, Colorado, applicants for a Recorded Exemption for a Parcel of land, within the unincorporated area of Weld County, State of Colorado. A complete description of said property, divided into Lots "A" and "B", being more particularly set forth in a Plat of the proposed land division prepared by Edward Lind , Jr. , a Registered Land Surveyor of Brighton, Colorado, which Plat , sub- mitted with said Application, contains a complete description of the Parcel to be divided , showing the acreage of Lot "A" as 3. 106 acres, and the acreage of Lot "B" as 76. 888 acres; 2. The legal description of the proposed Parcel has been checked and approved by Samuel S. Telep , Special Legal Counsel, Weld County, Colorado; 3 . Submitted with said Application are the following in- struments: a . Power of Attorney of the Applicants, naming John W. Henderson as their Attorney-in-Fact, to represent them in all matters relating to their Application for a Recorded Exemption; b. Copy of Letters Testamentary issued co Louis Sirios , ( J a ._:� _< . c o_ Sirios deceased, vz:o `�'.: __ ry 10, :i .) , an owner of a Life Estate in an undivided one-half interest in and to said land. :applicant, Etta Mae Sirios is the surviving widow of William Sirios and is an owner of a Life Estate in an undivided one-half interest in said property. Applicant, Edward R. Sirios has a vested interest in said land as the owner thereof after the termination of the Life Estates of said William Sirios and of Etta Mae Sirios , his father and mother; c . Affidavit of Louis Sirios , evidencing the fact that a domestic Well was drilled by his father , William Sirios on or about 1960, for his home and the home of his said wife, Etta Mae Sirios , situate on Lot "A" , and that there is ample domestic water for the dwelling house on said Lot and also ample domestic and irrigation water from Well located in Lot "B". Said Affidavit of Louis Sirios also evidences the fact that there is an access road to said Lot "A" and to said Lot "B" on the east side of Jack Rabbit Creek over and across the West Half (W ) of the Southwest Quarter (SW=4) of Section Thirty- two (32) , in Township Two (2) North, Range Sixty-one West of the 6th P .M. , in Weld County, Colorado. Said Affidavit of Louis Sirios also evidences the fact that Lot "A" has sanitary sewage by septic tank and same can be made available for said Lot "B"; 4. Signed Statement of Glen E. Paul , Director, Environmental Health Services, Health Department , Weld County, Colorado, dated April 12, 1976 , stating the soil test for the following recorded Exemption has been approved by the Weld County Health Department ; 5 . Photocopy of Public Road opened by the County Commissioners of Weld County, on May 6th, 1916 , beginning at the Adams County line at the southeast corner of Section Thirty-one (31) , and southwest corner of Section Thirty-two (32) , Township One (1) North, of Range Sixty-one (61) West , thence north six miles to the southeast corner of Section Thirty-one (31) , and the south- west corner of Section Thirty-two (32) , Township Two (2) North, of Range Sixty-one (61) West of the 6th P.M. 6. Statement of Engineering Department of Weld County, dated May 4, 1976 , that Weld County is maintaining that short stretch of road , approximately one-half mile in length, north of the intersection of County Roads 87 and 14 (This is the road on the east side of Jack Rabbitt Creek, as mentioned in the Affidavit of Louis Sirios) ; 7 . Copy of Permit No. 04048-F issued by Division of Water Resources, State of Colorado, for irrigation Well owned by William Sirios , located in the Southwest Quarter (SW4) of the Northwest Quarter (NW-4) of 32-2-61 Weld County, which Well is available for irrigation and domestic purposes, as needed; 8. Certificate of Conveyance by Transamerica Title Insurance Company of Greeley; STATEMENT RELATING TO PARCEL TO BE DIVIDED On February 26 , 1946, William Sirios, now deceased , and the said Etta Mae Sirios, purchased the West Half (WZ) of the North- west Quarter (NW4) of said Section Thirty-two (32) , Township Two (2) North, Range Sixty-one (61) , West of the 6th P.M. (together with other land) , from Alice Wahl Morse , by Deed recorded March 7 , 1946 , in Book 1173 , page 446, Weld County records. Situate on said land, was their home , in the southwest corner of said WNW of said Section 32. In 1974, the said William Sirios and Etta Mae Sirios, because of age and other infirmities, were unable to remain in their hone above-described and designated as Lot "A" on the Lind plat , entered a Nursing Home at Brighton, Colorado. William Sirios died February 10, 1976 , leaving him surviving, his said widow, Etta Mae Sirios , who now makes her home in a small apartment at 202 Woodward Avenue , Keenesburg, Colorado. -2- • She needs money for her support and maintenance. Walter W. Schneider, Jr. and Pamela R. Schneider, husband and wife, are now occupying the dwelling and have agreed to purchase the same for cash. The property is described as Lot "A" on the "Lind plat". The said Etta Mae Sirios is unable to return to her home above- described, because of her age. It is necessary to sell said Lot "A", so that the funds arising from said sale can be used for the support and maintenance of the said Etta Mae Sirios. Said Lot "B" shall continue to be used for pasture and irrigated and dryland farming. No further division of Lot "B" is to be made. IX/ -,74-7( Cr 63----ct>/ ttorn y Fact for Louis Sirio Perso al Representative, Estate of lliam Sirios , deceased; Etta Mae Sirios, and Edward R. Sirios Subscribed and sworn to before me this -'t' day of ///et 1976 . Ji My Commission expires: Dec . 20, 1979. Notary Public The West one-half of the Northwest one-quarter of Section 32, Township 2 North, Range 61 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as: Beginning at the Northwest corner said Section 32; thence S00°00 '00"E on an assumed bearing along the West line said Section 32 a distance of 2638.95 feet to the West one-quarter corner said Section 32; thence N89°35 ' 40" E along the South line said West one-half Northwest one-quarter a distance of 1321.09 feet to the Southeast corner said West one-half Northwest one-quarter; thence N00°01 '53"W along the East line said West one-half Northwest one-quarter a distance of 2639. 33 feet to the Northeast corner said West one-half Northwest one-quarter; thence S89°34'40"W along the North line said West one-half Northwest one- quarter a distance of 1319. 65 feet to the point of beginning. Contains 79. 994 Acres more or less. -/ f _ ._ i 1 _ . „9 - 4 30 29 28 N 27 �13 rhiles/,1 :80669/14I ,.l I �: j N _ ; kg N V 213 �� 31 ) 32 O► �� a : ?,. A 33 34 J �N C ' I • V \) ' - - CQ., R D. 1 11 b o. 5 \- 4 3 \ ))\, O 1 V \ . _ liiuwa \ f "(hufli p. 1 si _ ; / O . \-: 8 �. 9 vv 1O ,e' / � � Ni ,AIR PIM9T0- UNAVAILABLE AT TF115 TIME . N Hn:, v_ o % N I8 17 46 \ 15 c- ?j = er. Ate. WELD COUNTY PLANNING COMMISSION Y 1516 Hospital Road June 4, 1976 Board of County Commissioners Weld County, Colorado 1516 Hospital Road Greeley, CO 80631 RE: Recorded Exemption 211 Dear Commissioners: The attached plat, application, and related items are in reference to a request by Etta Mae, Edward R. and Louis Sirios, for a lot size • variance and a recorded exemption. The parcel in question is described as the Wz of the NWa of Sec. 32, T2N, RG1W of the 6th P.M. , Weld County, Colorado. Said parcel is located 10 mile east and 1 mile north of Prospect Valley. The subject property contains 79.994 acres of dryland which consists of Class III and IV soils. The request is to split the property into parcels of 3.106 acres and 76.888 acres. The 3.106 acre parcel with the farm improvements would be sold to Mr. and Mrs. Walter W. Schneider, Jr. and the 76.888 acre parcel would be retained for agri- cultural purposes. The money from the sale of said 3.106 acre parcel would be utilized by Etta Mae Sirios for her support and maintenance since she is unable to return to her home because of her age. Based upon the information submitted, the Planning Commission staff recommends approval for the following reasons: 1 . The proposed split conforms with the intent clause Section 9-2 of the Weld County Subdivisiosn Regulations, the Weld County Comprehensive Plan, and the intent clause for the Agricultural District, Section 3.3 (A) of the Weld County Zoning Resolution, since non-productive agricultural lands are being developed for a higher and more productive use. The use would be compatible with surrounding agricultural uses; and 2. All required items have been submitted. Board of County Commissioners June 4, 1976 Page 2 The Planning Commission staff's recommendation of approval is subject to the applicants obtaining a variance from the requirements of 180 feet frontage onto an existing public road from the Board of Adjust- ment. Said requirement is set forth in Section 9-4 (A) (3) of the Weld County Subdivision Regulations and Section 3.14 of the Weld Count Zoning Resolution. Ve ruly , Thomas E. Honn Zoning Administrator TEH/km pmr Enclosure - �. APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : ;Pc LAND CODE : CASE NOpC T : S : 1 /4 : DATE :5- 7( - 7 LEGAL DESC . APPR : APPL . FEE : , ° ° APP . CHECKED BY : RECORDING FEE : " - DATE SENT TO BOARD : RECEIPT NO . : -77Z,6 . DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : (SEE ATTACHED SHEET) ACREAGE : LOT "A" 3. 106 ; LOT "B " 76.888 ;TOTAL : 79. 994 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO X FEE OWNERS OF PROPERTY : NAME : ETTA MAE STRTOS ADDRESSKeenesburg,Colo PHONE : 732-4495 NAME : EDWARD R. SIRIOS ADDRESS Roggen. Colo. PHONE : 849-5253 NAME :_ IjTS STRTOS,Personal Represen- ADDRESS Roggen, Colo PHONE : 849-522Q tative,Estate of William Sirios,Dec 'd. WATER SOURCE WELLS TYPE OF SEWER Lot "A" Septic ; Lot "B" Septic Sewer available PROPOSED USE Lot "A" Dwelling; Lot "B" Partial irrigation, dryland and pasture I hereby depose and state under the penalities 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. r - COUNTY OF WELD ) STATE OF COLORADO ) ��//s 6,if4/7 7 L tl Signature : -ow44-r—err Authorized Agent Attefrey-in-Fact for Owners Subscribed and sworn to before me this _20 day of May , 1976 SEAL 1.9 NOTARY PUBLIC Dec . 20, 1979 My commission expires : STATE OF COLORADO ) ) SS. AFFIDAVIT COUNTY OF WELD ) Louis Sirios of Roggen, Weld County, Colorado, being sworn upon oath, deposes and says: 1. That William Sirios and Etta Mae Sirios acquired the West Half (WD of the Northwest Quarter (NW4) of Section Thirty-two (32) , in Township Two (2) North, Range Sixty-one (61) West of the 6th P .M. , in joint tenancy, by Deed of Alice Wahl Morse, recorded March 7 , 1946 , in Book 1173 , page 446 , Weld County records; that on August 8 , 1961, the said William Sirios and Etta Mae Sirios conveyed to Edward R. Sirios , said land (together with other land) , expressly reserving the right co the full use, enjoyment and income from said property for and during the period of their natural lives. That William Sirios died testate February 1O, 1976 , at the age of niney-one (91) years, and the undersigned Louis Sirios , was ap- pointed Personal Representative of his Estate on March 18th, 1976 , by the District Court of Weld County, Colorado. That the sole owners of said premises are now, Etta Mae Sirios (Life Estate) , Louis Sirios, as Personal Representative of the Estate of William Sirios , deceased, and Edward R. Sirios (remainder- man after the death of Etta Mae Sirios) . 2. That the undersigned knows of his own knowledge, that his father , William Sirios, on or about ( df Co , dug and drilled a domestic Well for his home, situate in the Southwest cor- ner of the West Half (W2-) of the Northwest Quarter (NW4)of said Section Thirty-two (32) , and that there is ample domestic water for said dwelling house and Parcel, designated as Lot A, and also ample domestic and irrigation water from Well , located in Lot B , in the survey made by Edward Lind ; Jr. of said Lots A and B. Lot A has sanitary sewage by septic tank, and same can be made available for Lot B. 3 . That affiant also knows of his own knowledge that there is an access road to the said Parcel described as Lot A and Lot B, as aforesaid , on the east side of Jack Rabbit Creek. Said road is over and across the West Half (14 ) of the Southwest Quarter (SW4) of said Section Thirty-two (32) , owned by the undersigned, Louis Sirios, and is now a public highway; having been used adversely without interruption or objection on the part of the undersigned , for more than twenty consecutive years, and that Weld County main- tains said road over and across the said land of the undersigned , which lies north of the intersection of County roads 87 and 14. This road is the access road to said Lot A and Lot B , and is shown on the Lind survey. U , I/ , . Louis Sirios Subscribed and sworn to before me this �Q day of f�7.1 A.D. 1976 . J My Commission expires: December 20 , 1)979., -: A -- __ No ary Public POWER OF ATTORNEY STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The undersigned hereby, each for himself, names and appoints John W. Henderson, Attorney at Law, P.O. Box 876, Greeley, Colorado, 80631, as their Agent and Attorney-in- Fact , in the names of the undersigned , to represent the undersigned , in all matters relating to application for a recorded exemption in Weld County, Colorado, covering: All of the West Half (WZ) of the Northwest Quarter (NW;) of section Thirty-two, in Township Two (2) North, Range Sixty-one (61) , West of the 6th P.M. , in Weld County, Colorado, and as more particularly described in that certain Plat of said premises designated as Lot A, and Lot B , prepared by Edward Lind , Jr. , a registered land surveyor in the State of Colorado, whose address is: P.O. Box 475 Brighton, Colo. , 80601 Dated May 2r 1976. L Louis Sirios--Personal Represen- tative , Estate of William Sirios, deceased k':1f , lift/ 7 1 Etta /Mae Sirios JCISEdward R. Sirios The foregoing instrument was acknowledged before me this ,2//lit day of May, 1976 , by Louis Sirios , Personal Representa- tive of William Sirios , deceased; Etta Mae Sirios, and Edward R. Sirios. Witness my hand and Notarial Seal. My Commission expires: December 20 ., 1979. No ary Public IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO PROBATE No. P- (3/d7. IN THE MATTER OF THE ESTATE OF: ) ) WILLIAM SIF,IOS, ) LETTERS ) Deceased ) THE PEOPLE OF THE STATE OF COLORADO To all to whom these presents shall come--GREETING: • WHEREAS, on the /S' 1 day of March, 1976, Louis Sirios was duly appointed or qualified as Personal Representative of the estate of the above named decedent, by the Registrar of this Court, with all the authority thereto pertaining; NOW THEREFORE, these Letters Testamentary are issued as evidence of such appointment or qualification and authority. WITNESS my signature and the Seal of this Court this 18th day of March, 1976. . ,C,�*,..,�I"( l',n G"✓cif l s;r.- CLERK OF THE DISTRICT COURT �S by: •G'-1• Deputy • • ‘‘..t • • "STATE OF COLORADO ) COUNTY OF WELD )ss. • -I, Mary M. Connell, Clerk of the District Court of said County, do hereby certify that the above is a full and true copy of the original letters now in my office properly ' remaining and that said letters are at this date and have been ever since the date of issuance in full. force and effect. Date of appointment is as _above stated. •MITOI.SS c hand and the seal of said Court this' r y ,',j�'��day of ItDL(`_/i 19 7(. Mary M. Connell • Clerk of the District Court • • by: �z�x_���.t� ..E•,,._ Deputy. Ida, for record the - !nit of . . 1. D. IV . at . d. •k _ NI. ItlavgtULH. Reception No By 1)ta'U'1'1'. C/t gics Firth, Made this day of u y in the year of our Lord one thousand nine hundred and seventy—four between WILLIAM SIRIOS, ETTA MAE SIRIOS and EDWARD R. SIRIOS, of the County of Weld and State of Colorado, of the first part., and WALTER W. SCHNEIDER, JR. , and PAMELA R. SCHNEIDER, of the County of Weld and State of Colorado, of the second part; Witnesseth, That the said partieS of the first part, for and in consideration of the sum of One Hundred Dollars and other consideration, -DOLLARS, to the said part ie$>f the first part in hand paid by the said parties of the second part, the receipt whereof is hereby con- fessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado, to-wit, A tract of land located in the West Half (WZ) of the Northwest Quarter (NW4) of Section Thirty-two (32) , Township Two (2) North, Range Sixty-one (61) , West of the 6th P.M. , more particularly described as follows: Beginning at the southwest corner of the WZ of the NWk of said Section 32, thence running north along the west section line of the NW4 of said Section 32, 205 feet; thence east 660 feet parallel to the south line of the NWk of said section 32, thence south 205 feet to the said south section line of the NWk of said section 32, and thence west 660 feet to the point of beginning; Subject to any public highways and rights of way or easements over and across said premises and subject further to Oil and Gas Lease of record; RESERVING unto William Sirios and Etta Mae Sirios as joint ten— ,ants a d not as tenants in common and their assigns, all of the oil, gas an other ninera s, similar or dissimilar in and under or upon said land and that ma be ?roduc d therefrom, together with rights of ingress and egress for the purpo es of pro pecting for, mining and removing the same; Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right., title, interest, claim and demand whatsoever of the said partieS of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part ie S of the first part, for them se' yes their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns of such survivor,that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good,sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assesfuents and incumbrances of whatever kind or nature soever, / / / / / / and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof, The said part ie Sof the first part ha ye hereunto set their hands and seals the day and year first above written. t , Signed, Sealed and Delivered in the Presence of +<^ / W�-Jiam. lrlos : [,� TSEAL) _.__,... ___._...... 1 E ,f9tae 1J}_OSJr�. .- - - (SEAL) 1 l ;�1._..4— -1e4lac� _ (SEAL) ar . , rips STATE OF COLORADO, County of Weld. ss. The foregoing instrument was acknowledged before me this __? /1.4( day of July As by William Sirios, Etta Mae Sirios, and Edward R. Sirios. Witness My Hand and Official,Seal. t_ My Commission Expires -fr",O_�D /�._7 _ _ __ _ �e �j. v 8-wt._ J Notary Public Mailing Address for Future Tax Notices._ R A TY DEED TO JOINT TENANTS—THE C.F. HoeckELco.,DENVER.COLO.—SPECIAL .µ ` 'I1 SEP-Li 1963 �'`'7". LD7 l." U.IU �� t Form_('w.) f ® 5-622 OCT 1 1 1963- STATE OF COLORADO COdf1 DIVISION OF WATER RESOURCES SEI' 17 1eG3 Index No /��L OFFICE OF THE STATE ENGINEER GROUND WATER SECT UaeD /f _I ,1 / GROUND WATER SECTION COLCRADo Registered.j`.L2t6,.3. STATE ENGINEER , LOG AND HISTORY OF WELL PERMIT NO. o'/D y r-F �`S WELL LOCATION Driller ,I • Lic. No ,�/,�' �f 6 g✓. )Owner `.. .lh1.t�� 'F'6 .�ctC J ! IIS�"" County �• / R) v Street City '-J( ear tStztY4 of AM '/a of Sect. .1-2_ ,Tenant ,,// � / 4) r Twp. a2/r�Rge. 4 Pt/, y PM J Use of Water(,,/�� 7- JJ On or By Y4 ii�q/ H -C 8 2- 7 RG/Acres North (des:iyrion of site or lend) Date Started 7/ n L , 19 4" Date Completed y// Ti , 19 /A✓ "Yield 3 0 0 GPM or CFS West East WELL DESCRIPTION: 3s7 c� ` , Depth to Water -- ft. Total Depth �y ft. (measured from ground surface) from d ft. to SC' ft., 3.2-- in. e, Hole Diameter from ft. to ft., in. from ft. to ft., in. South .TEST DATA: 4 y ' - ABOVE DIAGRAM REPRESENTS ONE FULL SEC- $l , How Tested Pump or Bailed TION. LOCATE WELL ACCURATELY IN SMALL P I, Date Tested Y/17 , 19� Length kti hrs. SQUARE REPRESENTING 40 ACRES. ,t Rate -2&ij GPM Drawn Down a-d ft. or I v ' _ PUMP DATA: If the above is not applicable fill in: pn ,, Pump Type + Outlet Size & in. ' a^S' No. Street t ti.17/ Driven by L t..-' HP / `S Driven, r. City or Town CASING RECORD r )t.1:11.4.!...,, Plain Casing or ,, ' . Size t-'E !5!r% ,1 .el ft. to a ft. Lot , Block " 4`h i .'�` Size / O , Kind from elft. to • �' ft. Subdivision � } (include filing or number) 4.i ,Size , Kind from ft. to ft. i ' b `` Perforated Casing '- TO BE MADE OUT IN QUADRUPLICATE t "'C Original Blue and Duplicate Green Copy SizeYI b , Kind from 8G ft. to real ft. must be filed with the State Engineer within 'I.^634 ", ''' 30 days after well is completed. White '.. S. .r •Size Kind from ft. to ft copy is for the Owner and Yellow copy for t . "''''' ° the Driller. •� Size Kind from ft. to ft. Y r •i �,�. FOR WELL LOG USE REVERSE SIDE c p ; . *P f ��;1 Nr' • • 1Y�;1k `.t.:';`.,' (. ''T'1'' , \N. ��" f-�;' • - • • • li . !,:i; • - '! ' WELL LOG .tips;.:'ve'.• I', . .3 1..••?"`,`3» 4Ground Elevation (if known) How Drilled-• 'A'� -•;•', �"'� A' `.?a'; r FROM TO `}s "i .., ...,if.:: �• REMARKS u - u i• F as Cementing, a'z {' (; ''�:.. V. FEETif�' • :FE,ET....,:., • ''t TYPE OF MATERIAL (5uch g, ° .- M o yya ET � m� E "fl, .y� Packing, Shut off, etc,) b a '6 a 8• •;', d.t. ''.1 b • ,>'fop �����(� ~ N, • —, 3 r it. •::....: -, •Y� J•?':. Sk jr .I 1. I,,.r'.::.v { f t.,' ,,i . • � ,..4 i4 , • • i R til• -',....y, ':... , ~} tit ���Y�y�, ':i s y ,. i•-•:'.:.,..,...,,,,,..• 'R •�'-T4 .ry •.•`: .•- - t. . 2. •.� .tin ;••t1+-1i• i_ `.:!1,‘*:., - • ., . • .....•""1'. 1. :r. t 3y ",•'1:� • t'. (if mere spats Ii required Use:additional shoo) •• `:'_:. .. .... ` y; 4. .kiI rT # 'e " * mK, I. •0 WELL DRILLER'S STATEMENT ('i' %—'• : , :.t. '„ v t..,•'` '-'''.O"'•:f!':'-This well was drilled under.my,supervision and the above information is true and correct to the best of my ' • r •'"' '; 'knowledge and belief. s� +`• 1't':al"' 11 y,♦ :,Ta,x, '.1!it Y'y '' �i S • J 'P�'•• i,•44.;:�f`�4,�,,;yt "?. •• 't_ ,�u :.4. .....,..• Signed , Iy�„A.,40... .... . 7 :' ., ;� `al'pat„ , 19__ -:;' }. •..• 1 +t` ,a t� ' A' IFc1v. STATE. OF (A)I.ORAIX) 1 + ' . Li ,aAll ,2/1 OM R A I'EItMI.1• 'T'O USF"'ItOUND WA'T'ER APPLI ' N FOR: A PERMIT TO COl RUCT A WELL Af-1) 12196 . mac% ;ROUND WATER ; ' Applicant' 7 -74-e, eekd N OF WELL COLORADO -. ) County �� STATE FNGINEI y P. O. Address C j trs 2a L/ ( 0 • Quantity applied for gpm or j /1/ F, of ivy* of Sect. 3 a., Twp. ';2 AF Storage Used for �Q`�^�� - .3 Purposes w Rge. P. M. OR on/at {41 Nn/k S3.2_7 17'6 j L y Street Address or Lot Si Block No. (legal description of land site) —3 c.o Town or Subdivision Total acreage irrigated and other rts. 2 O ESTIMATED DATA OF WELL m o N Hole size:,3:2, in. to,,,f' , ft. x a p I in. to ft. E i + Casing Plain /grin. from 6 t 36' ft. o" i i I Locate in. from to ft. y , well in Open or Perf. / min. from, /,,to ,S j, ft. m c W ' E 40 acre _in. from to ft. m I (small) PUMP Outlet w + I square DATA: Typetw , . HP/cc.Size Size c' o''� _ + as near "M I as possible. Use initiation date L/ o2Ol 19j S . I Large square (Use Supplemental pages f additional data) A 3 r S i is one section. • $25. 00 fee required for uses other THIS APPLICATION APPROVED than Domestic r Liv- 'tock. PERMIT NO. 04(�9``r _r Applicant }-o ISSUED TE APR 19Driller 12 19f? er i - - Address /,/ /n,�,-9 ,dp, NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVA OF APPLICATION BOARD OF HEALTH l/Veld County 14 calt/i Department CAT HERING BENSON. PVLT FRANKLIN 0. YODER. MD. MPH 1516 HOSE I'AL ROAD RALPH AAa. CREEL EY DIRECTOR GREELEY, COLORADO 80631 WILLIAM RUCK. ROGGEN CLARENCE SITZMAN. GREELEY (3031 353-0540 DAVID WERNING. DOS. GREELEY April 12, 1976 John W. Henderson Attorney at Law Box 876 Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Soil Test for the following Recorded Exemption has been approved by the Weld County Health Department: Owner: Estate of William Sirios, Deceased Etta Mae Sirios, surviving widow and Edward R. Sirios , Son Address : c/o John W. Henderson, Attorney at Law P.O. Box 876, Greeley, CO 80631 Location: W1/2, NWa, Section 32, Township 2 North, Range 61 West Weld County Colorado Lots A and B (Glen E. Pau , Director Environmental Health Services GEP/hv �c Weld County Planning Commission • f n L 'o MEMORANDUM TO: Planning Commission DATE: May 28 . 1976 FROM: Engineering Department SUBJECT: Edward R. Sirios - Recorded Exemption The records do not show the existing ingress and egress to be a dedicated County road. However , I am informed by the maintenance people in this area that as a courtesy this half-mile has been grader maintained over the past few years.6-2:7.(Kge-c."-r Gilman E. Olson mfm OFFICE OF COUNTY ENGINEER t Rdi CiikianDkkiia COUNTY ENGINEER PHONE (303)353-2212 EXT.216 C. P.O.BOX 758 GREELEY,COLORADO 80631 COLORADO May 4 , 1976 To Whom It May Concern As of this date Weld County is maintaining that short stretch of road, approximately 1/2 mile in length , north of the intersection of County Roads 87 and 14 Weld County Colorado. ice/ ��. i G �1 �C4 L= �...' Gi man E. Olson Engineering Department WELD COUNTY COMMISSIONERS DIVISION SUPERVISORS GLENN K.BILLINGS EUGENE WHITE-BRIDGE NORMAN CARLSON VICTOR JACOBUCCI WILBUR SCHMUHL-TRAFFIC JUNE STEINMARK ROY MOSER 71% .ter atOffOY 'wad • COPY NOTICE OF THE OPENING o P f LT.PI,IC R®AD . ;Notice Is Hereby Given that the County Commissioners of the County of Weld will in sixty days from r 1916. direct the proper officer to open and work, as a public highway, the road prayed for in a petition filed at the office of said Commissioners on theut day of larch A. D., 1916 , said road being described as follows, to-wit: Beginning at • ova ...,_.. . � �.vv�..�3 a ^, 4a7rr73C 1p 1 5orth of ber , , to � hrtat3t ooxner of aao4lua s2� - $3-ta » sou8h t:,eraat car _ .T , • l`-e1 rae S-en n2, Tottohip 2 2fort�li oS bangi 61 »_t re a tht_BrrlSnata73 Uinta.' u1 okoutluu Zt, t ivota hlp £, .Uuath of :burp 61 i:rrnt, tot tornstitua • And the said Commissioners do hereby declare the said line to be a public ;highway from and after said sixty days. Dated this 6th day of MAY , A. D., 1916.x. By Order of ttie Board, Clerk of Board . . /a0/4 3 6 Deputy SCS-228 (8-66) CONSERVATION PL MAP de` UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE cooperating with OUR SOIL * OUR STRENGTH Conservation District Owner Plan No. Operator _ Scale Date_� ----- Acres__________ County - 9� Approsimale Stale Photo No. h. 'F Cie 13 I " • \ V i e • H. • o I I 1 3o-8 30-B I .30_8 r I ` ee. 32 rag SA/ RelU) li Scala : ' JOHN W. HENDERSON ATTORNEY AT LAW FIRST NATIONAL BANK BUILOINO GREELEY, COLORADO July 25, 1974 Weld County Planning Commission Services Building Greeley, Colorado 80631 Attention: Gary Fortner Gentlemen: I represent William Sirios, Etta Mae Sirios and Edward R. Sirios of Roggen, Colorado. Edward R. Sirios is the owner of the WZNW4 of Section 32, in Town- ship 2 North, Range 61 West of the 6th P.M. , Weld County, Colorado, subject to a Life Estate reserved to his father and mother, or the survivor of them, in that certain Deed dated August 8th, 1961, and recorded August 18, 1961, in Book 1592, page 377 , Weld County records. William Sirios and Etta Mae Sirios are now patients in a Nursing Home at Brighton, Colorado. Their homesite, consisting of dwelling and out-buildings, is located in the southwest corner of the Wz of the NW3 of said Section 32. Said Parcel contains 3. 1 Acres, more or less, with sanitary facilities, well water and septic tank. The access to the Homesite is by roadway on the South of said parcel. It is expensive to provide for the care of said William Sirios and Etta Mae Sirios in said Nursing Home. They no longer require the use of their Homesite and it is necessary to sell the same to pro- vide funds for their care and maintenance. Walter W. Schneider, Jr. and Pamela R. Schneider, his wife, are willing to purchase the Homesite parcel for cash. I am enclosing xerox copy of the proposed Deed of William Sirios, Etta Mae Sirios and Edward R. Sirios to Walter W. Schneider, Jr. and Pamela R. Schneider, as joint tenants, conveying the parcel of land located in the southwest corner of the WZ of the NWk of 32-2-61, Weld County, containing 3. 1 acres, more or less, and being 205 ' north and south and 660 feet east and west. The surrounding land is owned by Sirios brothers (Edward R. Sirios, Louis Sirios and Albert R. Sirios) . WCPC#2 Sirios In 1969 the Sirios Brothers purchased the old Wahl Ranch from Alice Wahl Morse and the Ranch contained 2360 acres. They also own other land, some irrigated and some range land. They do not propose to sell off any more land in parcels. I talked to Mr. Fortner and John Watson recently about this sale to see if it would be necessary to go through the involved procedure for a recorded exemption under the Subdivision Regulations and Colorado Statutes. Mr. Fortner suggested I submit to him a copy of the proposed Deed, which is enclosed. The proceeds from the sale of this parcel will provide funds for the care and maintenance of William Sirios and Etta Mae Sirios in said Nursing Home. Application is accordingly made for a variance in order that the said parcel may be sold without any objections by the Planning Commission and County Commissioners. R7pecifully submktt d, J" �1tn4-14: deiso Attorney at Law P.O. 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