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RESOLUTION
RE: EXEMPTION OF LAND TRANSFERRED BY EDWARD KIRLIN FROM
DEFINITION OF "SUBDIVISION" AND "SUBDIVIDED LAND" .
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, has reviewed the request of Edward Kirlin, 1330
Washington Avenue, Loveland, Colorado, for an exemption of land
to be transferred by him from the definition of "subdivision"
and "subdivided land" in Section 30-28-101 (10) , CRS 1973, as
amended, and in Section 2-1 of the Weld County Subdivision
Regulations, and
WHEREAS, the Board finds that the contemplated transfer,
an addition to an existing legal lot, does not conflict with
the intent of the Weld County Comprehensive Plan and will not
have an adverse impact on the existing use of the land, and
WHEREAS, the Board has considered the recommendations of
the Department of Planning Services on this matter,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners, Weld County, Colorado, that the addition of
certain lands to an existing tract of land, being described as :
A tract of land being all that part of the
South one-half (S%) (the East-West line
dividing said tract being parallel to the
South line of said Southwest quarter (SW4)
of Section 6) of the following described
tract: Beginning at the Southeast (SE)
corner of the Southwest quarter (SW4) of
Section Six (6) , Township Four (4) North,
Range Sixty-eight (68) West of the 6th P.M. ;
thence West 1553 . 5 feet, thence North 0O58 '
East 1128 . 5 feet; thence East 1534 . 5 feet,
thence South 1128 . 5 feet to the place of
beginning, and lying West of the centerline
of the McIntyre Lateral Ditch. Excepting
therefrom all oil, gas and other minerals
heretofore reserved, together with neces-
sary rights of way in connection therewith
such addition creating a tract of land, being described as :
Beginning at a point 579 feet West of the
Southeast (SE) corner of the Southwest
Quarter (SW4) of Section 6, Township 4
North, Range 68 West of the 6th P.M. ;
thence West 974. 5 feet, thence North 0°58 '
East 1128 . 5 feet; thence East 955.5 feet,
thence South 1128 . 5 feet to the place of
beginning, and containing 25 acres, more
or less; plus all land lying between the East
line of said tract and the centerline of the
McIntyre Lateral Ditch, namely that land
4 �
760447
.
lying East of the East line of said
tract and West of the centerline of
the McIntyre Lateral Ditch, and con-
taining one (1) acre, more or less;
as shown on the attached map, be, and hereby is, exempt
from the definition of "subdivision" and "subdivided land"
found in Section 30-28-101 (10) , CRS 1973, as amended, and
in Section 2-1 of the Weld County Subdivision Regulations.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on this
20th day of September, A. D. , 1976.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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a
Weld County Clerk and Recorder
and Clerk to the Board
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� Deputy Co ty Clerk L.-1
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APPROVED AS TO FORM:
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Lovelana; Colorado 80537
1330 Washington Ave.
July 14, 1976
To: Mr. Gary Fortner
Weld County Planning Board
Re: Change of boundaries of tract in SW ?n S6 T)AN R 68W Weld. County
As previously mentioned to Mr. Rohn of the planning Board, a change is needed
from the present indeterminate S16 of the parcel lying west of the Mc Intyre Lateral
and containing around 23 - 24 acres to the fixed and definite area of the S1 of the
west 25 acres of the 40 acre tract of which it forms a part.
The Mc Intyre Lateral is a small, shallow and irregular irrigation ditch, uncertain
and indefinite at best, subject to variation in location; it could change, or be
changed, by erosion or sedimentation, with resulting complications, legally and
otherwise.
The SE ' of $6 and the !40 acres in the SW 1/4 of the same $6 were purchased for a
group of Religious, because of the exceptional site near the center of the 160.
(An enclosed copy of a letter to the PRPA gives a descriptive reference to this. )
As yet, the Religious are delayed but they still plan to come. Earlier, I ex-
pected to keep the N 1 of the parcel west of the Mc Intyre Lateral, myself, to
give the S 1 to my nephews, and to let the Religious have the remainder, to the
east, and the 160 acres. So, I have given the S1 to my nephews, and await the
Religious' coming.
The tract west of the Mc Intyre Lateral is one piece, one unit. It is separate
from the rest of the 200 acres. It irrigates separately and farms separately.
The north and south halves irrigate together, as one field, and have always been
farmed as one field. It should be kept as one field and unit -- even after I am
out of it. And, with passing time and delay in the Religious' coming, I consider
withdrawing -- in favor of/Nephews, naturally, logically and almost necessarily,
for the reasons given above.
At the present tine, I consider conveying to my nephews, by will, by gift, sale,
or combination, the rest of the west part, never divided, plus the acre and a
fraction more, necessary to make the boundaries straight and definite. An aerial
photo and copies of deeds concerned are enclosed to show clearly the tract
represented.
In order to make this change, the County's approval is necessary. So, I am
writing you in this regard.
The whole affair, the purchase of the 200 acres of land, was a religious and
charitable project, which continues. It is in no sense a commercial division
or affair. In fact, this part is only a matter of family ownership -- an ad-
justment within a family, between my nephews and myself. It is outside of
commercial land transactions, subdivisions, and such. Therefore, I ask the
Weld County Commissioners to exempt it from the "subdivision" class in accord
with their lawfully designated authority under Senate No. 1,5, Section U,
106-2-33, (d), which reads, "The board of county commissioners may, pursuant to
rules and regulations or resolution, exempt from this definition of the terms
"subdivision" and subdivided land", any division of land if the board of
county commissioners determines that such division is not within the purposes
of this article."
Clearly and unmistakably, the Weld County Commissioners have the lawful power
to make this decision. Surely, in this religious and charitable project, it
would he a fair and reasonable conclusion.
Gentlemen of the Weld County Planning Board and County Commissioners, I ask
your earnest consideration of this request and appeal.
Thanking you for your consideration, I am
Respectfully yours,
Edward Kirlin
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618 Recorded at ," r ._o'clock_...ri M., ANI4Reception ... Y SP°MRecorder.
RECORDER'S STAMP
THIS DEED, Made this 17th day of De c e mb e,
1969 ,between
EDWARD KIRLIN
C7 of the County of La rimer and State of
Colorado, of the first part, and TIMOTHY VINCENT KIRLIN,
JOSEPH EDMOND KIRLIN., FRANCIS HUBERT KIRLIN ,
KEVIN MICHAEL KIRLIN and ROSEMARY ANN KIRLIN
T-4 TT
of the County of She lb and State of LMeisdorof the second part:
.,, WITNESSETH,that the said party of the first part, for and in consideration of the sum of
Ten Dollars ($10 .00) and other valuable considerations HOL-LASS,
N ,
N1 to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is
O
O hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents doe s
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the following described lot or parcel of land,situate,lying and
rn being in the County of Weld and State of Colorado, to wit:
.p
as
Ca A tract of land being all that part of the, South one-half
(S2) (the East-West line dividing said tract being para . ;�.
llel to the South line of said Southwest quarter (SW+) *g1' ti
Section 6) of the following described tract : Beginning, •. d
at the' Southeast (SE) corner of the Southwest quarter,.:
(SW4) of Section Six (6 ) , Township Four (4)_North, Range ',
Sixty-eight (68 ) West of the 6th P .M. ; thence West 1553.5i ,j ; t:
" feet , thence North 0°58 ' East 1128 .5 feet ;[ thence East,'.,
1534.5 feet,' thence South 1128 .5 feet to the place of + j'••......
beginning, and lying West of the centerline of the ®Jo, as
McIntyre Lateral Ditch. Excepting therefrom all ,oil,
gas and othercminerals heretofore reserved, together
with necessary: rights of way in connection therewith.
Exempt from documentary fee , conveyance is e gift .
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate,right, title, interest, claim and demand whatsoever of the said part .y;: of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768.WARRANTY DEED—To Joint Tenants.—Bradford Publishing Co..1824-41 Stout Strad,Diner,Colorado
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spat 618 1540498
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for
him set f, his heirs, executors, and administrators, doe s covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, he i s well seized of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha s good right, full power and lawful authority
to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbranees of whatever kind or nature,
soever, except subject to agreements , restrictions and reservations of
record , roads and existing casements ,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part y of the first part bas hereunto set his hand and
seal the day and year first above written.
Signed, Sealed and Delivered in thi Presence of .$....d %Li z 9 i,4ti v [SEAL]
[SEAL]
[SEAL]
STATE OF COLORADO, .7
County of . Larimer J T „1,..«. ,•The foregoing instrument was lrolmowledged before me this 17th .1.,t- day of $44,,...-,PBmeee a,, ,
1969 , be Edward KiAin ` , ' n •'i
My commission expires August 1 , 19 72 . Witness my band and on-macsou.. • •
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.... ��� ..� ... _ .. ...t.yf�� l 'WH3..rifr)4
xwary rahliff„•
•If by natural person or persons here insert name or name;if by persons attar in representative or official capes*/or u attorney-in-fast,
then insert name of pens as executor, attorneyin-fact or other capacity or description;if by officer of corporation. then insert name of such
officer or officers,es the president or other officers of such corporation,naming it
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spy Recorded at. :,�'-,, o'clock-�� M., �-yam 1'�V" i
I;, �; 553 ry ANN SP0ME. ! AMER
Reception No __.4../._4.599 - Recorder. ,
1
THIS DEED, Made this 19 t day of 0 C t Ob e r
-p in the year of our Lord one thousand nine hundred and Sixty—five
r between HELMUTH 0 . MILTFR and ALICE M. MILLER
F
i I
C I ,
of the County of Weld and State
of Colorado,of the first part,and I'
`" EDWARD J. KIRLIN
W-1 h
C) �,r
O of the County of Harris otsnd State of EToldrede, of the second part:
O
WITNESSETH, Thai, the said parties of the first part, for and in consideration of the sum of ,,
U Ten Dollars ($10--. 00 ) and other valuable considerations IDOhkaritSr l'
N i''
ti to the said parties of the first part in hand paid by the said part y of the second part, the receipt
o whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, his I,
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being l!
in the County of Weld and State of Colorado, to-wit: t,
The Southeast quarter .,(SE11) of Section Six ( 6 ) , Township Four (4) �I
North, -Rapge Sixty-eight (68 ) West of the 6th P.M. ; and also L
beginning 'et the Southeast (SE ) corner of the Southwest quarter
(SW*1 of•;$2,6ion Six (6) , Township Four (4) North, Range Sixty- I
- eight (68)-.` 14st of the 6th P .M. ; thence West 1553.5 feet, thence !
: North 0°581 .Fast 1128 .5 feet; thence East 1534.5 feet , thence South I
1128 ..5 ,feeC,te the place of beginning, containing 40 acres , more
or less�;' s�6pt a strip of land 20 feet wide along the West side
of said.. tKd for a public road ; also including two (2 ) shares of
the capi't'al stock of The Consolidated Home Supply Ditch and
Reservoir Company, one (1 ) share of the capital stock of the Handy
Ditch Company, eighty (80) acre feet of Grand Lake water allotted
to the above described property and all other water rights and
irrigation privileges appertaining to said premises , together with II
all laterals appertaining to said premises and rights of way for
conveying said water to the above described premises , excepting j
therefrom one-half of the oil , gas and other minerals heretofore
reserved, and 'reserving to the grantors three-eighths of the oil, h
gas and other minerals , together with necessary rights of way in
connection therewith, hereby conveying to the grantee only ;'gas gone eighth of the oil, �fE.r.tinafDMlother..minella I rals .
tr.IffFE :
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YTina aroma Lila\ILARrl YIT !IYfL'sYALR1171 T l I\1_7 RIi:421t acuaR{Y�Tb r�P sv I
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r�ll * I�II 1 SI WATIA II �4u ee �'I
Tna I R ,� � boll.e. � t t I,ou.lns [ l�mnu.nn� Y �'
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TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise I
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all i
the estate,right, title, interest,claim and demand whatsoever of the said part i e 5 of the first part, either 1n law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. i1
,
No. 463. WARRANTY DEED—For Photographic Record.—Bradford-Robinson Ptg.Co.,Mfrs.Robinson's Legal Blanks,Denver.
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109.6 553 - 1474599
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of the second part, his heirs and assigns forever. And the said pare.e s of the first part,
for them sel V e s , their heirs, executors, and administrators, do covenant, grant, bargain
and agree to and with the said party of the second part, his heirs and assigns, that at the time of the
ensealing and delivery of these presents they arewell 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 as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of
whatever kind or nature soever, except subject to 1965 taxes:..and water assessments
and all subsequent taxes and water assessments, and easements and
rights of way of record, and deed of trust recorded in Book 1}90,
Reception No . 1117236, Weld County records , which the grantee assumes
and agrees to pay,
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands
and seals the day and year first above written. /� y,
Signed,Sealed and Delivered in the Presence of ' .if:-. I7 (C- iee�r.,Z`44','+-[SEAL]
t Ke e.-e..p/ -//G6o /...[SEAL]
Alice M. flier
[SEAL]
STATE OF COLORADO,.
165.
county of Larimer
The foregoing instrument was acknowledged before me this 1ST-.. day of 'Ottnb err—
A.D.1965 ,by Helmuth 0. Miller and Alice M . Miller.
.• aE' tipjfhisgion expires February 24 1968 .Witness my hand and official seal.
,0TAIYR�9.-a wa, � �
Y :cry i Notary Public.
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Loveland, Colorado 80537
• •
. 1330 Washington Ave.
April 7, 1975
Mr. Stanley R. Case, Chairman
Board of Directors
Platte River Power Authority
3030 South College Avenue
Fort Collins, Colorado 80521
Dear Mr. Case:
Regarding the projected power line from Loveland to Longmont, let me point out
to you that the proposed 'Green Belt' route crosses a location provided for
noted group of religious from Europe, a short distance in front of the site,
itself!
The place, long known as the Bridgeman Estate, is 2 miles east of Campion and
≥ mile south of Highway 60 -- the SE 4 of Section 6, T h N, R 68 W, in
Weld County. This is the main part of it. An additional 40 acres, containing
the house and buildings, runs west along the south side of the section to the
lake on the west line, the Lucy Murphy State Wildlife Area, Lucy Murphy being
the widow of the late Mr. Bridgeman.
Almost at the center of the -160 is an outstanding eminence, with a grand view
in all directions, extending from near the Wyoming line even to southern
Colorado. Directly in front are Long's Peak and Mt. Meeker, then the Front Range
and other sierras reaching southward clear.to Pike's Peak, the most famous
mountain peak in America. And, this peak stands out boldly, over 100 miles
away, actually, in southern Colorado.
The proposed route would cross directly in front of the site, even between it
and the nearby lake at the section's center. It would pass southward at perhaps
25 feet lower elevation on the west slope of the site and rise 75 feet higher
than it, like a fence between the site and the magnificent mountain scenery,
which is the crowning glory of the location.
It is easy to see that this would utterly ruin the site, as a location for the
religious. The religious concerned are the famous Benedictines of Solesmes, of
the Ahbaye St. Pierre de Solesmes, west of Paris, France. Theirs is an out—
standing religious, cultural and artistic heritage from ancient times -- the
Order was established in the early 500s. Theyare perhaps the most famous in
the world today, their abbey surpassing wellknown Monte Cassino in its post war
state. Also, the Solesmes Monks' restoration of the ancient Gregorian chant
and numerous recordings, for Victor and other companies, have brought them
worldwide renown. The Abbot of Solesmes and his Executive Secretary have
visited the site, pronounced it splendid, superb; magnificent: Positively
decided 'on it, they called on the Archbishop of Denver, afterward, secured
his necessary authorization, and expect to make an establishment on this site
as soon as they have the key personnel for the different departments and can
release a large enough group to form a substantial community here.
Gentlemen, this is not a small, local affair, but regional, national, and even
international in scope and significance. This site is indispensable to these
religious. They have seen it, they know it, they have approved it. Denied
this location, they will probably abandon their plans to come to America and
let it go indefinitely. Highlyexceptional among all such institutions --
religious, educational and charitable -- and of world-wide fame, their comming
here would be an honor to our country as a whole, to America. For the West and
Colorado, it would be an even greater honor. And for the Loveland community
and the Larimer-Weld area it would be a very special distinction.
In the last twenty years, I have looked extensively at sites all the way from
the Great Lakes to Mexico and the Pacific Ocean. I have also seen many of such
establishments in both Europe and America. Of them all, I find this site the
noblest, grandest and most wonderful of all. It is a happy combination of
their three Sts, as a measure of fitness: Soil, Solitude, and Scenery. And,
it adds to them a marvellous climate! — -
I invite the members of the PRPA Board of Directors, the County Commissioners,
the Planning Board members, or anyone else interested, to visit the site
personally and take note of its features. Observe the grand swell of ground
that reaches out from the east road to a fairly sharp point and then drops
away to the west, providing a panoramic view of the mountains and the country-
side. In the southwest may be seen the Boulder Peaks and Flatirons, nearby
to the south, Newell Lake and the impressive uplands between the Little Thompson
and the St. Vrain Rivers. To the east, the Twin Mounds add peaceful, sweeping
lines and a formation of distinction. Finally, observe that there are seven
lakes normally visible from the top of the eminence, from the site, itself.
The location is unique and irreplaceable. A substitute is out of the question.
Likewise, proportionate compensation for its destruction could hardly be realized.
A route along either the east or west side of the section would also be very, very
close and uncomfortable for the site. It would almost certainly spoil it for the
religious. A route along the east side of the section -- less than 4 mile from
the building site, itself, actually, about half a quarter -- would be severely
damaging and would likely prove fatal. A mile or more of distance would be
virtually a necessity to save the site for the religious and the abbey they plan.
Such would be the result of these routes. But, do we want to deprive America,
the West, Colorado and the Loveland area of these good people and this religious,
artistic, and cultural establishment and distinction?
I urge the members of the PRPA Board of Directors not to destroy this unique
and irreplaceable site, but to earnestly consider this problem and the
insurmountable difficulty with the proposed route. I urge you to spare the
site and projected abbey, for the good of all.
Thanking you for your consideration, I am
Respectfully yours,
Hello