HomeMy WebLinkAbout750421.tiff RESOLUTION
WHEREAS, it has been determined by the Board of County Commis-
sioners, Weld County, Colorado, that Casey M. Jones and Bonnie L. Jones,
husband and wife, are owners of a parcel of land described as follows:
Lot 7, Scott's Acres, a subdivision of the Northeast One
Quarter (NE 1 /4) of Section 9, Township 1 North, Range
68 West of the 6th P, M. , Weld County, Colorado, as
recorded in Book 610 as Reception No. 1532492, Weld
County Records, together with that part of the Puritan Branch
of the Union Pacific Railroad, now abandoned, as described
and recorded in Book 732 as Reception No. 1654141, Weld
County Records, said tracts being more particularly de-
scribed as follows:
Beginning at a point on the South line of the Northeast corner
1/4 of Section 9, Township 1 North, Range 68 West of the
6th P. M. , Weld County, Colorado, whence the East Quarter
of said Section 9 bears East, 30. 0 feet; thence continuing
along the South line of the Northeast Quarter, West, 739. 21
feet to the Southwest corner of said Lot 7; thence North
00°05' East, along the West line of said Lot 7 a distance of
741 . 7 feet; thence East, 89. 2 feet; thence North 00°05' East,
477. 26 feet to a point on the South line of Bruce Road; thence
along the arc of the cul de sac having a radius of 50. 0 feeta
272. 28 feet to the West line of said Lot 7; thence North 00
05' East along the West line of said Lot 7 a distance of
400. 0 feet to the Northwest corner of said Lot 7; thence
East along the North line of said Lot 7 a distance of 650. 0
feet; thence South 00°05' West parallel to the East line of
the said Northeast Quarter a distance of 1678. 96 feet to the
point of beginning, containing 26. 39 acres, more or less, and
WHEREAS, Mr. and Mrs. Jones are desirous of splitting the here-
inabove described tract of land into two nearly equal parcels, and
WHEREAS, it appears that a lot size variance first must be obtained
before applicants may apply for a Recorded Exemption from the subdivision
regulations of Weld County, as the same is defined in Section 9-4 of the Weld
County Subdivision Regulations, and
WHEREAS, in addition to evidence presented by the applicants, the
Weld County Planning Commission Staff has presented evidence and made
representations concerning the desirability of granting said variance, and
WHEREAS, the Board of County Commissioners feels that when all
of the evidence and representations are considered, good cause for granting
a variance as requested from the minimum lot size requirements of the Weld
County Zoning Resolution has been shown.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the powers
granted to the County under Title 30 C. R. S. 1973 and Section 9-4A (6), Weld
County Subdivision Regulations, as amended; that Casey M. Jones and Bonnie
L. Jones, husband and wife, may proceed to apply for a Recorded Exemption
and the lot size variance is conditioned on the applicants applying for and
doing all necessary to obtain said Recorded Exemption within one year, and
said variance is limited to Mr. and Mrs. Jones and will terminate if they sell
750421
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RECEIPT FOR CERTIFIED MAIL-305+ (plus postage)
saegarles A. Kuchenmeister POSTMARK
OR DATE
Lc) STREET AND NO.
1011 11th Ave.
{ P.O., STATE AND ZIP CODE
Cy Greeley, Colo. 80631 9/4/75
/ ) OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN I. Shows to whom and date delivered 1571
RECEIPT With delivery to addressee only 654
SERVICES ' 2. Shows to whim,data and where delivered
With delivery to addressee only 85`
•
DELIVER TO ADDRESSEE ONLY _ 50d
r� SPECIAL DELIVERY (extra fee required)
Ir-4 PS Form NO INSURANCE COVERAGE PROVIDED--
Ayr. 1971 NOT FOR INTERNATIONAL MAIL (Se7 o s-
c GPO;1972 0-4 480-449743
or otherwise discontinue their interest in the above mentioned land prior to
obtaining approval for and recording the above mentioned Recorded Exemption.
Dated this 3rd day of September , A.D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �� -4"/"...
Weld County Clerk and Recorder
and Clerk to the Board
Lvp.n.ltl /
Deputy County Clrk
APPROy D AS TO`'F RM: _.
-- - .,--- ' aunty ttorney
i.r
4
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RECEIPT FOR CERTIFIED MAIL-305{ (plus postage)
SENT TO POSTMARK
Mr. & Mrs . Casey M. Jones OR DATE
STREET AND NO.
CO
Box 302
1-4
, P.O., STATE AND ZIP CODE
COErie, Colo. 80516 9/4/75
OPTIONAL SERVICES FOR ADDITIONAL FEESCO
RETURN 1• Shows to whom and date deli 1S0
RECEIPT With delivery to addressee only 65¢
SERVICES ' Y. Shows to whom,date and.whore delivered 3Se
With delivery to addressee only.. 850
_ DELIVER TO ADDRESSEE ONLY 50d
Z Q SPECIAL DELIVERY (extra fee requi red
_
PS Form 3800 NO INSURANCE COVERAGE PROVIDED—
(See ether
Apr. 1971 NOT FOR INTERNATIONAL MAIL 0 0p:1BT1 O-4 4 side) )))114),: 3 4 �` 1 ,rv.: z 4rh'" -' pp
-2-
Health
BOARD OF HEALTH
Wed County Health Department
CLARENCE SITZMAN. GREELEY
FRANKLIN O. YODER. MD. MPH 1516 HOSPITAL ROAD RALPH AAB. GREELEY
DIRECTOR GREELEY. COLORADO 80631 CATHERINE BENSON. AULT
ANTHONY LEMUACH. GREELEY
1303 1 353.0540
DAVID WERKING. DOS. GREELEY
July 31, 1975
TO WHOM IT MAY CONCERN:
The Soil Test for the following Recorded Exemption has been
approved by the Weld County Health Department.
Owner: Casey M. Jones
Address: Box 302-Erie, CO 80516
Location: Tract No. 7-NE4, Sec. 9, Township 1 North, Range 68 West
1P�/ ' /fy�y''-1 trAG1 E. Paul, Di ector
Environmental Health Services
GEP/hv
AUG I WZ3
LEFT HAND %'ATER. SUPPLY COMPANY
Box 146 N ot, Colorado 80544 Phone 776-0242
June 27, 1975
Charles A. Kuechenmeister
1011 Eleventh Avenue
Greeley, Colorado 80631
Re: Water 'Paps, Lot 7, Scott Acres
Dear Mr. Kuechenmeister:
This letter is to inform you that a water tap was
purchased by Mr. Casey Jones for Lot 7 in Scott
Acres and same was approved by our Board of Direc-
tors on February 1 ':, 1973 and a second tap has also
been approved for Mr. Jones on Lot 7, Scott Acrs.
Sincerely,
LEFT HAND WATER SUPPLY COMPANY
David F. Coleson, Manager
DFC:mmo
JUN 3 ,0 REDD
— — — I L RFC( FYTI''PTION No.I467-9-1— RE 183
II July 16, 1975
I
IP a OWNERS : CASEY M. JONES ^
4� 4,` li A BCNNIE L. JONES
a B SHEET No. 1 OF 2 SHErTS
9 II
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4 S I N. E. C 0 R. .__r-.
`7 I SEC. 9
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LOT I
VICINITY AAAP
SCALE : I'= 2000'
L _ EAST4 I 1650.0
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UTILITY EASEMENT /_ (// B.C.
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L - - TY - - J 30
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L - EAST- } -739.21 —II.$_ N E 1/4
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RwCCRDE EX MPTIC' No. 1467-9- 1- RF 183
JULY 16, 1°75
SHEET No." 2 OF 2 SHEETS
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LEGAL 'ASCRIPTION:
Lot 7, Scotts Acres, as recorded in Book 610 as Railroad ,
Rec. . 532422, together with
that part of the Puritan Branch of the Union Pacificaarecords, said
oned, s
described and recorded in Bock 732 as Rec. No. 1654141 , Weld County
tracts being more particularly described as follows: Beginning at a point on the
South line of the Northeast a of Section 9, T.1 N., R.68 W. of the 6th. P.M.,
Weld County, Colorado, whence:the East * corner of said Section 9 bears East, 30.0
feet= thence continueina along said South line of the Northeast . West, 739.21
feet to the Southwest corner of said Lot 7; thence N.00°05'E. , along the West line
of said Lot 7 a distance of 741 .7 feet; thence East, 82.2 feet; thence N.00°05'E. ,
477.26 feet to a point on the South line of Bruce Road; thence along the arc of the
cul de sac having a radius of 50,0 feet, 272.78 feet to the 'Vest line of said Lot
7.; thence N.00°05'F. along the West line of said Lot 7 a distance of 400.0 feet to
the Northwest corner of said Lot 7; thence East along the North line of said Lot 7
a distance of 650.0 feet; thence S.00°05'W. parallel to the East line of the said
Northeast } a distance of 1b-7f 98. feet to the point of beginning. Containing
26.39 acres. `! - ..•
We, Casey M. Jones, Bonnie L. Jones, Robert A. Houtchens and Lorna G. HoutchensV
being the sole owners in fee of the above described property do hereby divide the
same as shown on the a hed map. ��JJ
C Ifie i4, ."2.
e• M. Jc ea fff??? Ho hens
y /
Bonnie L Jon s orne G. Houtchens
The foregoing certification was The foregoing certification was
acknowledged before me by acknowledged before me by
Casey Y. Jones and nie L. Jones Robert A. Houtchens and Lorna G.
this /.a--f"day of Houtchens this .27- day of
197.5- • Ver'ZI , 197 5
My commission expires g--- /2- - 7S
My commission expires - -2J7- :7Z,
i
Notary Public , �j Notary Public
G Z � Witness my Hand and Seal
Witness my Hand� and Seal
:,;/ <.,y1Plisjitsito, .certify that this plat was prepared under my supervision and is correct
;' to thes of my knowledge. -
,: �,, r:
Glen U. Overturf - R.L.S. 2152
,,'T•'
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The accompanying plat is accented and approved
for filing.ide."-('Chairman of the Board of Cou ty Commissionet
/. . . 7
' 't
aByAttest: County Clerk c '`' ,)..ant & m �jated / . .3. 7 c
1
f NIFPRD OFFICE OF THE PLANNING COMMISSION
JOHN A I GJ DIRUNEN
ECTOR
DIRECTOR
PHONE (303) 353-2212 EXT. 227, 228
C. REELE 1516 HOSPITAL ROAD
V lipGY,COLORADO 80631
COLORADO
August 27, 1975
Board of County Commissioners
Weld County Colorado
1516 Hospital Road
Greeley, Colorado 80631
RE: LSV 18:75:12
RE 183
Dear Sirs:
The attached letter, plat, application and other items are in
reference to an application by Casey M. and Bonnie L. Jones, for a Lot
Size Variance and a Recorded Exemption. The property in question is located
in the NEa of Section 9, T1N, R68W of the 6th P.M. , Weld County Colorado,
consisting of approximately 26.39 acres. The desire is to split the parcel
into approximately 10 and 15 acre tracts.
A contract was issued on subject property in September of 1966 to
Mr. Jones from Robert Houtchens. In late 1968 Scott's Acres was approved
and filed. Part of the filing included the property purchased by Mr. Jones
as in known as Lot 7, Scott's Acres. In January of 1975, Union Pacific Railroad
Company sold to Mr. Jones a parcel containing 6.27 acres more or less of
abandoned right of way. This parcel is contiguous to the entire eastern
boundary of Lot 7, Scott's Acres and is bordered on the east by County
Road 7.
Weld County Subdivision Regulations, Section 9-4A. (6) states:
"That the original tract or parcel of land to be divided
under this Section meets the minimum lot size requirements
established by the Weld County Zoning Resolution; variance
from this requirement being allowed only upon good cause
being shown to the Board of County Commissioners or where
said tract or parcel of land lies within the comprehensive
plan area of an existing incorporated town of Weld County.
(Rev. 4/17/74)
Based on the information submitted and the Weld County Regulations,
the planning staff recommends approval of the Lot Size Variance and the
Recorded Exemption for the following reasons:
WELD COUNTY COMMISSIONERS
VICTOR JACOBUCCI
GLENN K. BILLINGS
ROY MOSER
Board of County Commissioners
August 27, 1975
Page Two
RE: LSV 18:75:12
RE 183
1 . The proposed split appears to be in order with the original
contract dated in 1966. The contract, attached, indicates the sale of the
property was to be in two parcels. Later the subdivision was platted including
the subject property causing it to be described as one parcel .
2. The application for Recorded Exemption is in order. Utilities
are available.
3. The parcel is not prime agricultural land.
If the Recorded Exemption is approved, the following conditions
should be set forth:
1 . No new access should be allowed from County Road 7 along the
subject property.
2. Access to the north lot shall be via Bruce Road, an interior
street in Scott's Acres.
3. Mr. Jones shall proceed to cause the east boundary of Scott' s
Acres Subdivision to be replatted to the westerly ROW of County Road 7
as soon as the owner of Lot 1 Scott's Acres obtains a deed to the abandoned
UPRR ROW contiguous to his lot.
4. Necessary permits be obtained for construction on the properties.
5. The applicant proceed to clean up the grounds of the abandoned
Puritan Mine.
Resppp tfully ubmit ed
// THOMAS 460_, NN
Zoning Administrator
TEH:kpe
Enclosure
CHARLES A. PCUECHENMEISTER
ATTORNEY AT LAW
1011 ELEVENTH AVENUE
GREELEY. COLORADO 80631
TELEPHONE (303) 386-3800
9 June 1975
Board of County Coumlissioners
P.O. Box 758
Greeley, Colorado 80631
RE : REQUEST FOR LOT-SIZE VARIANCE
Gentlemen :
On behalf of Mr. and Mrs . Casey M. Jones , we hereby
request a lot-size variance for the following described
real property located in Weld County Colorado :
Lot 7 , Scott 's Acres , a sub-division of
the Northeast Quarter of Section 9 ,
Township 1 North, Range 68 West of the
6th P .M. , Weld County, Colorado
Mr. and Mrs . Jones are the owners of an equitable
interest in the above described property and they / 9
propose to divide the said Lot 7 into two parcels by /0• b
means of a Recorded Exemption, with ro � q2-
consisting of approximately 13 . acres_ond prnrased
Lot 7B consisting of approximately 12 /25 acres , Lot 7
as it presently exists is considerably larger than most
of the other lots in this sub-division and the proposed
division of this lot into Lots 7A and 7B would create
two lots more closely similar in size to the majority of
the other lots .
A lot-size variance is necessary to achieve this result ,
which we feel will better serve the planning interest of
Weld County as well as be beneficial to the owners .
The owners intend that each of the proposed lots will
eventually have a good quality single family residence
constructed upon it.
I am advised by the Weld County Health Department that
a percolation test was conducted on Lot 7 on 20 May 1974
and resulted in findings that the soil there is adequate
for a septic sewer system meeting certain specifications ,
with which the owners are prepared to comply. Domestic
water is supplied to the area by the Left Hand Canyon Water
try MI,. 1975 J�
Well clu*
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°RintS s ).,
eak) -<L
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Page 2
Company. Their representatives have advised the owners
that a tap will be available for domestic water on each
of the proposed lots . The owners have already purchased
one such tap and they are assured that a tap for the sec-
ond lot will be granted upon application therefor,
The owners hope that the foregoing request will be
considered favorably by the Board of County Commissioners .
If the Commissioners have any questions concerning the
foregoing they should feel free to contact either myself
or the owners directly.
Thank you in advance for your courtesies ,
Yours v ry truly, f
liatilv,1 j.
ULeti 4._ C / - wd9W ''''‘-.
CHARLES A KUECHENMEISTER
Attorney at Law
CAK/efj
cc : Mr. Casey Jones
ROUGH PLOT PLAN
Re : Casey and Bonnie Jones
Request for Lot-Size
Variance
Lei
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650' _.___ _— ArI
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Cokh'y Read 7
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PARCEL NO. 1 : Existing Lot 7 , .:coat' s Acres
1
PARCEL NO. 2 : Part of railroad rigit-o`-way• legal attached
I
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1654141
600Kr� ti�-3
732
i
C. D. No. 52390-3
EXHIBIT A
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An irregular shaped tract of land situate in
the NE4 of Section 9, Township 1 North, Range GB West
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of the Sixth Principal Meridian, in Weld County, Colorado,
bounded and described as follows:
Commencing at the northeast corner of said
Section 9;
thence West along the north line of said Sec-
tion 9, a distance of 180 feet to a point 100.0 feet
westerly, measured at right angles, from the center line
of the former main track of the Puritan Branch of the
Union Pacific Railroad Company as formerly constructed
and operated;
thence south along a straight line parallel
with and 100.0 feet westerly, measured at right angles,
from said center line of former main track, which is
along the east line of Lot 1 of Scott's Acres, a sub- .
division of a part of the NE4 of said Section 9 and the
northerly prolongation of said east line, a distance of
1000.0 feet to the northeast corner of Lot 7 of Scott's
Acres and the True Point of Beginning; ,
, � thence continuing south along said straight line
that is parallel with said center line of former maindis-
track, which is along the east line of said Lot 7,
tance of 673.9 feet to a corner;
•
thence southwesterly along the east line of
said Lot 7 of Scott's Acres, which is a straight line
forming an angle of 6° 22' from south to west with the
extension of the last above described straight line, a
distance of 329.15 feet to a corner;
thence south along said east line of Lot 7,
which is a straight line forming an angle of 6° 22' from
• southwest to south with the extension of the last described
i straight line and which is parallel with and 136.5 feet
westerly, measured at right angles, from said center line
of former main track, a distance of626.48 feet, more ch es or
less, to the southeast corner cf said Lot 7,er ipont insi216.98tfeetawestPof the east l
he est-wst eastquarter-cornerne of sid tofn that
said
section;
- I
•
BOOK 1654141
732 2
.f
C.D. No. 52390-3
{ -2-
thence east along said east-west center line
of Section 9, a distance of 186.5 feet, more or less,
to a point 50.0 feet easterly, measured at right angles,
from said center line of former main track;
• thence north along a straight line parallel
with and 50.0 feet easterly measured at right angles,
from said center line of former main track, a distance
of 1629.5 feet, more or less, to a point in the easterly
extension of the north line of said Lot 7 of Scott' s
Acres;
thence west along said easterly extension of
the north 7ir.e of Lot 7 of Scott's Acres, a distance of
150 feet, more or less, to the True Point of Beginning.
Containing an area of 6.27 acres, more or
less.
•
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APPL . CATION FOR RECORDED EXEMP . JN •
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY :
LAND CODE : CASE NO : /tAVI.,Q-/- Q5
T : S : 1 /4 : DATE :
LEGAL DESC . APPR : APPL . FEE : $ v.
APP . CHECKED BY : RECORDING FEE :
DATE SENT TO BOARD : ? RECEIPT NO . : 172.. S•
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 FOR LEGAL DESCRIPTION
ACREAGE : LOT "A" 10. 67 acres LOT "B " 15 . 72 acres ,TOTAL . 26. 39 acres
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 :
Houtchens Denver
NAME : Robert A. Houtchens & Lorna G. / ADDRESS 3765 S . Jersey /PHONE : 758-3840
NAME : Casey M Jones & Bonnie L. Jones ADDRESS P .O. Box 302 / PHONE : 828-3120
NAME : ADDRESS Eri4 PHONE :
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WATER SOURCE Left-Hand Water Supply Company, Box 146, Niwot , CO 80544
TYPE OF SEWER Septic
PROPOSED USE Residential
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 . -
COUNTY OF WELD ) /
STATE OF COLORADO ) �
Signature : wn r or Authorized Agent
Subscribed and sworn to before me this 19th day of August , 19 75
SEAL L tyczi
� �
NOTARY PUBLJC
August 31, 1975
My commission expires :
Lot 7 , Scott' s Acres , a subdivision of the Northeast One
Quarter (NE 1/4) of Section 9 , Township 1 North, Range 68
West of the 6th P.M. , Weld County, Colorado , as recorded in
Book 610 as Reception No . 1532492 , Weld County Records ,
together with that part of the Puritan Branch of the Union
Pacific Railroad, now abandoned, as described and recorded
in Book 732 as Reception No . 1654141, Weld County Records ,
said tracts being more particularly described as follows :
Beginning at a point on the South line of the Northeast corner
1/4 of Section 9 , Township 1 North, Range 68 West of the
6th P.M. , Weld County, Colorado , whence the East Quarter
of said Section 9 bears East , 30 . 0 feet ; thence continuing
along the South line of the Northeast Quarter , West , 739 . 21
feet to the Southwest corner of said Lot 7 ; thence N. 009 05 'E. ,
along the West line of said Lot 7 a distance of 741 . 7 feet ;
thence East , 89. 2 feet ; thence N. 00005 ' E. , 477 . 26 feet to a
point on the South line of Bruce Road; thence along the arc
of the cul de sac having a radius of 50 . 0 feet , 272 . 28 feet
to the West line of said Lot 7 ; thence N. 00°05 'E . along the
West line of said Lot 7 a distance of 400. 0 feet to the North-
west corner of said Lot 7 ; thence. East along the North ?_ine
of said Lot 7 a distance of 650. 0`eet ; thence S . 00°0Y'W.
parallel to the East line of the said Northeast Quarter a
distance of 1678. 98 feet to the point of beginning. Containing
26 . 39 acres .
,. IIINo. 247. AGREEMENT . . SA ND PURCHASE OF PROPERTY. , -
I, _.Bradford-Robinson Pr,,,ting t ny,1524-46 Stout Street.Denver,Colorado
_ !I ! THIS AGREEMENT, j1i :: of September
A. D. 19 66 , between--....--...R.eber,t-.A.._Aoutchene end-_licrila .9....8outchenrl of the it
City & County of Denver , and State of Colorado, of the first part, and I
IICt aey_11...J.one-a...and.8-annie..I.,...Junco of the second part; II
•I WITNESSETII, that if the part-.sea._-of the second part shall first make the payments and perform 1!
the covenants herein mentioned to be made and performed by the part_-_-set of the second part, the II
part.iQa--..of the first part will thereupon convey to the part._iQs....of the second part, the following I
described property situate in the County of--__i7nld
and State of Colorado, to-wit• A_treat..ef_?nn$.1Q-.c-hras-.mora..or..lofia--fiftieth&
in_the NQrthoast..1/' of SQoti,on 9. T. 1 N. Rr.rigo 03 of. tho Gth I'1.1, i7old Co., I
.$tntt-.-af_.Co.le..._donoribod aa..fulluiiat - The parnola which atijoini . 10 1/2 name
just North of the 1',erzriaon..i1kna..rthlah.i.n..anzifirmed-lxy-esotuel--nxrvey..nnd...tha
..7..lA...aoson...on_whioh..the-..Iinrrioon.Hinz..in.located..to_he..aonfirrcd..by_nurvey II
at...a--.lator...data...anfl.thas.a..nurvays._ta_b000l a.. &part_af...this. agar c smut.... A
• _auoation-.ar.is-ea._ea_to_th_a_rmoufit..of _Moreau o._in_tho .mina..aroa..nnd ,par acnt.-1s
_hereby-roeohed_to_adjust-_tho_total_amount..duo at the rate of "0250 poi. aoro for
in fee simple by good and sufficient Warrant Deed,free and clear from all liens and encumbrances except-1
each aoro above the 7 112 ind'_oaued. This ad;juat�nt will bo made at time 02
possession,,or survoy vrhichovor is later y
l2U..rad..all_subsequent_taaos €*/
and deliver an abstract of title therefor so showing--or title polioy.
And the partie_tt....of the second part agree to pay, to the partin0 of the first, part, as the
purchase price of said property, the sum of....-(19a2QQ...QQ,)-. 111.,n,o thousand DOLLARS
Fift five (^65,00) Dollars
in the manner following, to-wit• y' cnou of �B,94pj.00
cash in hand paid, the receipt whereof is hereby acknowledged, and ...tbo a ba 1 I
payable at 055.00 per month until). 1 Jan 37 or until_.- 7-L agree are released
, by Clayton Coal Co. when ynyrranto vri,11 bo -7.IIQrQ≥19 d...tQ._.080,00..per_nenth* Thom"
payments include interest at 6513 pQr voar on the unnatci_prine.ipa1 'balance with no
h I snotty for pro-pay-ent in any ,moo t, }?Q r^inoion iR..hQraby given ioz-_thQ
I. purchaser to become G ronths del.invont..in paymaata t7ithout r000e.aonai-ou..by...t1^a! seller or ponaltios of any nature, 'h2..o-riginal-.psycQft--menti.oned abo7o t.1J -for .-
II September and octobor'o p^.ymont will be dug II.Pv..-.8,...19.66
ll The slag..pile romninf-fig will b •p o the ^glQ>•ty_rf-_tilte...ae �
ll9r for _c .yQ.C.^a
from data ..hen it will rover t to. the btlyer_rnr?,.-e2.QQ4.a-__e_pile r+1,7-1.b�t.D.Qrliii'�t:o-da- iII
A quit Claim Dood will be p^ovi.hod at the earl tgat-.9on'.Qni,QnQQ for all II
land lying directly root of those two narcgl.n end to th3.-GQIAnty.1 OCd Pot I
otherwise titled.
III
Exooptions to the title F°lioy are.-proP,e;rtl;,:.t._(1)-.?dil1Qral. r -zhta .not
'I included, (2) existing casements for i.rrir;nttors_d.i,tohea..-te.lopbone--linen, cull
power lines.
It
I
with interest payable upon the deferred payments at the rate of 0 per cent per annum from
date until paid, payable >=onthly , and to pay all taxes and assessments that may be here-
after levied upon said property before the same become delinquent, and to keep all buildings erected 1
Ithereon insured for the benefit of the part of the first part for the value thereof,and until the termi-
I, nation thereof be entitled to possession of said property,but in case of the failure of the part ion of the
second part to make any one or more of said payments, or perform any of the covenants agreed to be i
made and performed by the part Leo of the second part,this agreement may be terminated at the election I
I of the part lea of the first part, upon giving to the part ion of the second part thirty days'
i! notice of intention so to do, which notice may be served as provided by law for service of notice to quit, I
!II and in case of such election the part i°a of the second part shall forfeit all payments made, and such
II
11 payments shall be retained by the part inn of die first part in full satisfaction and liquidation of all
damages the part 1O3 of the first part may have sustained.
IT IS MUTUALLY AGREED, That time shall be of the essence of this agreement, and if at any
time the same shall be terminated in the manner above provided, the part lea of the first part shall have I
' the right to re-enter and take immediate possession of said property, and the part inn of the second part
' hereby agree to immediately surrender and deliver up the same peaceably, to the part ion of the Ii
first part and if the parts°e of the second part shall remain in possession thereof after such termination, I'.
I said part 1138 of the second part shall be deemed guilty of a forcible detainer of said premises under the
Il statute, and shall be subject to eviction and removal, forcibly or otherwise,with or without process of law.
AND it is further mutually agreed that all the covenants and agreements herein contained shall
I extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respee- i'I,
i! tire parties.
'I IN WITNESS WHEREOF, The parties hereto have hereunto' set thew
hands and seals the day I
1I
{ 11 /tN i I
and year first above written. Sellers's t ( 4
/ _ i-
‘.7:-..--5-7_, ,,....," ,.,:i-,) 7 —. l �,-: i <- [SEMI]
1' SN4
Euyoras '/ ( '
(7A../(7/ 4/ r 4 J [SEAL] I,
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1 '•
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II
WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STATE OF COLORADO)
COUNTY OF WELD ' ) .
The Security Abstract Company 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 :
Lot 7 , Scott' s Acres , a subdivision of the Northeast One
Quarter (NE 1/4) of Section 9 , Township 1 North, Range 68
West of the 6th P.M. , Weld County, Colorado , as recorded in
Book 610 as Reception No . 1532492 , Weld County Records ,
together with that part of the Puritan Branch of the Union
Pacific Railroad, now abandoned, as described and recorded
in Book 732 as Reception No . 1654141, Weld County Records ,
said tracts being more particularly described as follows :
Beginning at a point on the South line of the Northeast corner
1/4 of Section 9 , Township 1 North, Range 68 West of the
6th P.M. , Weld County, Colorado , whence the East Quarter
of said Section 9 bears East , 30. 0 feet ; thence continuing
along the South line of the Northeast Quarter , West , 739 . 21
feet to the Southwest corner of said Lot 7 ; thence N. 00°05 ' E. ,
along the West line of said Lot 7 a distance of 741. 7 feet ;
thence East , 89. 2 feet ; thence N. 00005 'E . , 477 . 26 feet to a
point on the South line of Bruce Road; thence along the arc
of the cul de sac having a radius of 50. 0 feet , 272 . 28 feet
to the West line of said Lot 7 ; thence N. 00°05 'E. along the
West line of said Lot 7 a distance of 400. 0 feet to the North-
west corner of said Lot 7 ; thence East along the North line
of said Lot 7 a distance of 650. 0 feet ; thence S . 00o05'.'W•
parallel to st line of the said Northeast Quarter a
distance of 1678 . 9 feet to the point of beginning. Containing
26 . 39 acres .
Tni , 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 Security Abstract COMPANY
is hereby limited to the amount of the fee paid for this Certificate .
In "itness Whereof , Security Abstract
COMPANY has caused this certificate to be signed by its proper
officer this 14th day of August , A. D. 19 75, at 7 :45 A.m.
o ' clock .
Security Abstract Company
By (�/�� COMPANY �j p
O'L r?'-I''c `"/l Z`�
11THORI2Eh SIGNATURE
•
•
J...': 1 ernes '' �,< e R 2 1314 " er 1gla
I•e,cedse et .r este
713 .e6�t�,at�
l coRat. Na .iYse.1L'1�+e. S. Lee Slwh•., Jr., Radar
. 0. Na 147. •cassnunr roc BALI•ua rina•sa�r'a°B�raa,�•.e.Malay o,a.eap.151441 Mat ammo Dann,Commis
!adof.----September
13. 1 e Mad. in .. this day
the
A. ➢. 19.-d4"...•, Countyand ofonas _ _._.._-...mot the second part; "
WITNESSETH,Ma
iJd.-S�a_L....Of the
_ C.S. that if the pert..ioa..ot the second part shall first make the payments and perform
the covenants herein mentioned to be made and performed by the part—o.the aeeoof the part,second
the part,the
e
m part.iea...of the first part will thereupon convey to the pert-•p -
described property situate in the
County of Wald
..:4-
in and State of Colorado,to wit• A.-trsaL•a1-lend-1S"aaru"mor11"nr"1•ea..tltt:►tad
tn 1A..tht..A.vrtheatt.1/t..ot..Sontlnn..lZa--S._.1..Ha..Rsnie...89...OL..%ds..flth.PY•1Q.. .. o...." _
i .Iltata_of._Gnto...".daaarlbed..sa..tollonel....Imo..pernels..>whtoh _.wdioizu ...1t1..1/2.earea_
a., Inn ll11th...of...tba_Morrison.11ine."dflab..ie...acnf7smad..hy..setuel..surteY-.and.ttu.._ _
n' .L1./2..aorea."on..whioh..th ll
e.Jlarrlson.. na..l.a_looatsd.ta..he_nonfirated--bgt..surnq
n, .at..w..latar...date...and..thena..aurnya.-to_beoam...►."part_of...this.-agreements....A
n^ ."gtetstilon..erises.e.e..to._the..samnnt..of...atareata..ln►the tiroat VY60 r wri..fs...—
^' fee tiny...
._tata Deed free
ut an
N in fee tiny...by good and sufficient Warranty Deed,free and clear from al liens and encumbrances ease t
each Con show the 7 11S lndioated. This adjustment will be made at tine of
..' possession or survey whichever is later
lflSL..eod allsuhsapuawt..taxem.._......_......
_ and deliver an abstract of title therefor so showiagr'er title polioy
rn And the r pert said..pr the p second urt agree to pay Qt tom "t1 J t the first part,
LLARS
purchase price of property, the sum of (19.9QG-• 1 Dollars
to-wit• tifty4Ltt............1)._-_
i . u� cash the manner idthe following, '
• in 6andppid the receipt whereof is hereby acknowledged,and..the hala11a4-t� E9.6U4'"40'-'--
�, parable at .56,C0 -floc.a° .. ti11..1.daa.11...er..wati1_tha 14..00rtt art.tg1.oeetd.
by Cltfft9..coe1..c.ta wheouleymmett eilliee inerseett_telee.CG."pet..aolltha....Thies._
peypente ino7,udt..jatereet.at.d."per.Yattr.ea..Lht..napaid.pritaipal..ltalawat.lMna
penalty tar.pratteeerlooat..i ..awe-.awoust....terWsioa.ie..bareby..tiesu.for.the
1, puraha_net..%A..1M49ea-..#..moethe.de11neutet..1A peyseetY_R1tbtouttntloead.abota..iS.ter
seller or penalties.sf..PWJ.natures...The..CriSiawl.ysylwan
. September and Ootober't parAtrn11et111t.date Nel. .2...11tfl0
The elaa.pt1e reme•lelee..1111.ttt_1h ereportlf..of..the..sellet for..lem_yearg- =_
.�.. from date when it will.....................................................u11e..e.11S ➢a..Ragnitted I.
A ing dircotly BBee a! ee Rt..tm�e esrauU_sad.ta_atht.Ctutaty Saud sae
otherwise _ II
' ,:, 1,.., lead lying
—
otherwise titled,
Ex .D. oratiaa.taeaetantafor' `
irsintlot.dltt
dx abea.._telephose_l1aka,-.Cat inelotlepoor litres. -
. !I.
tl-.` at the me o1 .� per cent per annum from
with interest payable upon the deferred payments pay menn that a ny be here-
•', date until paid, payable..._!4.9.41y._..._......_. and to all taasa and areas ,.
after levied upon said property before the same become delinquent, and to keep all buildings erected
thereon insured for the benefit of the part.l'....of the firsbpart for
of the eaher the value efe ,anand
untilltthe
to the
nation thereof be entitled to possession of said property,
ut in
to be
second part to make any one or more of said payments, or perform any of the
covenants
etnaae�gre reed
eotibe
made and performed by the put A!.t.of the second part,this agreement days'
el
of the part iee of the first part,upon giving to the part..t!'.t.of the second part
notice of intention so to do,which notice may be served as provided by law for service of notice to quit,and in art ease of such election
the shall be retained by the put!' .e._of the first ppartain•full l cutlet etion andfeit MI l and such
liquidation of payments all
:t damages the part tee of the first part may have sustained.
't.
, IT IS MUTUALLY AGREED, That time shell be of the esenee of this agreement,and If at any
time the same shall be terminated in the manner above provided,the part.11S..of the first part shall have
d operty,and the',{'` tyre righta to re-enter and take immediately immediate
rrenderraession of and deliver t uprthe same peaceably,to the pert-1111-of the
hereby first r, and-.._.to
part and if the parti°!..of the second put shall remain in possession thereof after such termination,
.,1,. said part!!!-•of the second part ale.be deemed guilty of a forcible detainer of said premises under the
...auto,and shall be subject to aviation and removal,foroibly or otherwise,with or without process of law.
AND it is further mutually agreed that all the covenants and agreements herein contained shall. .F extend to and be binding upon the heirs,executors,administrators,successors and assigns of the restive
• -
. , live parties.
IN WITNESS WIIEREOF, The parties hereto qa >�unt se .the,ykh nnd and seals the day
71. and year first above written. pllere 1 lr� ,ice =� I
Il -a-a-sA.--/ i - _....._/ [BEAU
„ ltgreret t 7�......_ -
S . �. L rig. e' 1 — BEAU
I: -... _
Moaa� a ..,.._
•
•
_1a1 elf, d<aa Qs_a+f cg 14 Si 5
r.
CO rro,i)
U '°°" 1654141
`i-, ORIGINAL
C. D. No. 52390-3
C QUITCLAIM DEED
a
:s / da of _ '
2= THIS DEED, Made this 1_ Y
U\ 1975 , between UNION PACIFIC RAILROAD COMPAN a co oration
r
re duly organized, incorporated and existing under and by virtue
and
. or the laws of the State of Utah,Snd wife,tor,Erie,CASEY
Colorado,ONES
al and BONNIE L. JONES, _11A�
Grantees:
o• WITNESSETN, That the said Grantor, for and in con-
O noderation of the sun: of Si>: Hundred Dollar: ($G00.0 ) in
•
`> the receipt whereof is hereby confessed and acknow-
hand paid, hereby REMISE, RELEASE and QUITCLAIM to the
G.rante, does t ie 1forever, all its right,
r
Grantees, their heirs and assigns,e real sta
title and f interest state of n d to Colorado, described ine tExhibit A,e
iCounty of Veld, made a part hereof.
;, hereto attached and hereby
y It is expressly understood that the subjacent support
of the premises described in said Exhibit A may have been
surface thereof., and the quitclaiming of said premises
impaired by mi',S.ng operations heretofore carried on beneath
the
is upon the condition that the rr damage1 s
ors and
a s
assigns, shall not be liable for resulting damags therefrom.
IN WITNESS WHEREOF, the Grantor has caused these
presents to he signed by is coresidetntsanandd aattestedrbynto
its AssistantSecretary, and
itaffixed the day and year first above written.UNION PACIFIC RAILROAD COMPANY,
lu Y c f ��.N",,,,0 , 1
^
�• LIP, By y e President if Attest: ��1--ip ♦,�'�
A is
aS. .icy- gJ%
'OZ.' `el t10% \
11''a\\\v"*.
•
II
yi.
Al-
000K 7654141 i �L'
62 4) '9- t ril
1
ft
' r STATE; OP NEBRASKA )
ss. '
1 ) s
COUNTY or DOUGLAS )
,,,
?, ^ The mreyoing instrument was acknowledged before meIs
this 2/sT day of , 1976,
11
1 by C. U. SCHAEPER, Vice President of Union Pacific Railroad
d
3 Company, a Utah corporation, on behalf of the corporation.
o
jr,14 ER
NOTAffY I ,.
'k EXPIflEB r
Notary Public ico4/F of NEBZ l 11
vii
}
(Seal) ro
it
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•
•
::4112EMOgliNIMMEMEMOMPALMWMWINEMW waft
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`_..,,.. 1654141 I '
+ .An
soon} 4-3 s.
1...am,
k .
a A
C. D. No. 52390-3 0.
4 Aq I,
1 ' y� '
EXHIBIT A Ye,a 1
An irregular shaped tract of land situate in
the NE'L of Section 9, Township 1 North, Range 68 West
of the Sixch Principal Meridian, in Wald County, Colorado,
bounded and described as follows: ;
•
Comnencing at the northeast corner of said
IFI
Section 9;
thence hhst along the north line of said Sec—
tion 9, a distance of 18C feet to a point 100.0 feet
westerly, measured at right angles, from the. center line .
4 of the former main track of the Puritan Branch of the
4 Union Pacific Railroad Company as formerly constructec
and operated;
<4 thence south along a straight line parallel I `.j ;
with and 100.0 feet westerly, measured at right angles,
from said center line of former main track, which is +
along the east line of Lot 1 of Scott's Acres, a sub- a
.pi division of a part of the NE4 of said Section 9 and the YTa,
northerly prolongation of said east line, a distance of
1000.0 feet to the northeast corner of Lot 7 of Scott's !,r A
Acres and the True Point of Beginning;
thence continuing south along said straight line
that is parallel with said center line of former main
track, which is along the east line of said Lot 7, a dis—
tance of 673.9 feet to a corner; ,
.�;. thence southwesterly along the east line of
S which is a.' said Lot 7 of oof'6°A22'sfrontsouth toswestgwitht ithe
r ne
forming an angle �.
extension of the last above described straight line, a
distance of 329.15 feet to a corner;
thence south along said east line of°Lot 7
which is a straight line forming an angle of 6°
22' from .
southwest to south with the extension of the last described
, straight line and which is parallel with and 136.5 feet
M measured at right angles, from said center line
'"' of formermain track, a distance of 626.48 feet more or
rless, to the southeast corner of said Lot 7, which is a , r}
point in the east-west center line of said Section 9 that
is 216.98 feet west of the east quarter-corner of said
,
section;
,7: as..
r...0...mr
.aV
4
ti '
y . 1654141
I 3 , �.
I BOOK
C.D. No. 52390-3
\:
-2- :
thence east along said east-west center line
of Section 9, a distance of 186. feet,
moor right angles,e or less,
to a point 50.0 feet easterly, measured
from said center line of former main track;
thence north along a straight line parallel ri with and 50.0 feet easterly measured at right angles,
from said center line of former mainnotrt in the easterly
tane
of 1629.5 feet, more or less, to a point
• extension of the north line of said Lot 7 of Scott's
FA Acres; `
thence west along said easterly extension of
,r the north :tire of Lot 7 of Scott's Acres, a distance of
150 feet, more or less, to the True Point of Beginning.
i 11 \ '
Containing an area of 6.27 acres, more or
less.
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