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Home My WebLink About790836.tiff n n RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 376 - DAN WHEELER, ET AL. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board of County Com- missioners of Weld County, Colorado at a public hearing held on the 14th day of February, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption No. 376, being the property of Dan Wheeler, et al. , described as part of the Northeast Quarter of Section 20, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: The tract of land situated in the Northeast Quarter of Section 20, Township 5 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Commencing at the Northeast Corner of said Northeast Quarter, thence South 00°58'40" Fast along the East lire of said Northeast Quarter for a distance of 250.00 feet; thence leaving said Fast line North 85°28'30" West for a distance of 588.10 feet; thence South 89°51'24" West for a distance of 74.32 feet to the TRUE POINT OF BEGINNING; thence continuing South 89°51'24" West for a distance of 316.48 feet to a point on the non-tangent curve concave to the North having a central angle of 16°59'28" and a radius of 1146.00 feet, a radial line passing through said point bears South 01°38'40" West; thence Westerly along the arc of said curve 339.85 feet to the end of said curve, a radial line passing through said point bears South 18°38'08" West; thence North 73°58'36" West for a distance of 147.90 feet; thence South 55°24'54" West for a distance of 225.60 feet; thence South 33°58'24" West for a distance of 273.18 feet; thence South 89°41'03" West a distance of 843.00 feet to a point on the West line of the Northwest Quarter of said Section 20; thence along said West lire South 01°18'06" East a distance of 666.38 feet; thence North 89°47'08" Fast a distance of 650.11 feet; thence South 08°26'15" West a distance of 317.88 feet; thence South 75°58'09" West for a distance of 150.88 feet; thence South 88°00'50" West for a distance of 449.08 feet to a point on the West line of said North- east Quarter; thence South 01°18'06" East along said hest lire for a distance of 266.83 feet; thence leaving said West line South 63°49'25" East for a distance of / ' ;' -47 p bo� i, 7O 790836 eTh C 318.86 feet; thence North 48°39'07" East for a distance of 402.78 feet; thence South 51°31'02" East for a dis- tance of 256.39 feet; thence North 30°31'43" East for a distance of 109.80 feet; thence North 37°58'30" Fast fora distance of 268.81 feet; Hence North 02°40'04" East fora distance of 116.71 feet; thence North 59°55'44" East for a distance of 574.84 feet; thence North 86°02'55" East for a distance of 446.07 feet; thence North 00°58'40" West for a distance of 849.13 feet to the TRUE POINT OF BEGINNING. Said tract is 47.00 acres more or less along with and sub- ject to all existing easements. does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definition of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Dan Wheeler, et al. , be, and hereby is, exempt from the definition of the terms "subdivision" and "sub- divided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS ATTEST: p4t�t,, W D COUNTY, COLORADO Weld Count�lerk and Recorder a Clerk to the oard -r 4fl ^ 44) De uty County Clerk e J D AS TO FORM: cic. tit County Attorney DATE PRESENTED: FEBRUARY 26, 1979 RECORDED E, EMPTION NO. 5 ;2C - 1- RE-376 Parce/ 277 NET /, Sec. 20, re's-A< ,E'ad ilie, ate PM., a'O/'/8't r&..; •53..e3' -- V nroi . ' iIthar CP I N W GOT ° , //Acrossv g ate • . t t% o it k 0. ' VI k Itti * .dsw' W �, N seer N 4; 41`2,711.7” \\ i OS M•. LOT 8 s Acne "t i SAN/e•/"•sr' . .t/C�'5T94t77� 6�9/S'II n 5i errsw 1 O C` Lit 2c • r.•feresfare el tO IP ZOtA= /100 ACre4 /P'il re eof 8 ' 34OO Acres Tots/= -- _ Q'7.00 Acres V•2i ts'1 \ 10 10 John D. /V4ecbr• • . M C. G ete E/drBd • F \ Garonne I. E/olrrd I. 4' a Viii. /A//T/ MAR ' WS'.G6.T7O.2G Corr,,Uno'ev-ssc 'd lamb 6'ifre/ /of 2 • RECOROk 0 EXEMPT/ON NO. 0S59-20-/- RE376 • - Sheet 2 of 2 LEGAL DESCRIPTION The tract of land situated in the Northeast Quarter of Sectio V 20, Township 5 North, Range 66 West of the Sixth Principal • Meridian, County of Weld, State of Colorado, being more ' • particularly described as follows : fl Commencing at the Northeast Corner of said Northeast Quarter (NE4) , thence South 00° 58 ' 40" East along the East line of N said Northeast Quarter (NEt) for a distance of 250. 00 feet; thence leaving said East line North 85° 28 ' 30" West for a distance of 588.10 feet; thence South 89° 51 ' 24" West for a distance of 74.32 feet to the TRUE POINT OF BEGINNING; thence continuing South 89° 51 ' 24". West for a distance of 316.48 feet to a point on the non-tangent curve concave to the North having a central angle of 16° 59 28" and a radius of 1 , 146. 00 feet, a radial line passing through said point bears South 01° 38' 40" West; thence Westerly along the arc of said curve 339 .85 feet to the end of said carve , a ,radial line passing through said point bears South 18 38 ' 08" West ; thence North 73° 58' 36" West for a distance of 147 .90 feet ; thence South 55° 24' 54" West for a distance of 225.60 feet; thence South 33° 58 ' 24" West for a distance of 273 .18 feet ; thence South 89° 41 ' 03" West a distance of 843 .00 feet to a point on the West line of rthe Northwest Quarter (NW4) of said Section 20 ; thence along said West line South gl° 18' 06" East a distance of 666 .38 .feet; thence North 26 ' 15" t Edistance 317 .88 6f feet; • ' ' thence South 08° West a distance thence South 75° 58 ' 09" West for a distance of 150.88 feet; thence South 88° 00'50" West for a distance of 449 .08 feet to a point on the West line of said Northeast Quarter (NEt) ; thence South 01° 18 ' 06" East along said West line for a dis- tapce of 266 .83 feet ; thence leaving said West line South 630 49' 25" East for a distance of 318.86 feet ; thence- North 48 39 07" East for a distance of 402.78 feet;thence South 51° 31 ' 02" East for a distance of 256.39 feet; thence North 30° 31 ' 43" East for a distance of 109.80 feet; thence North 37° 58' 30" East for a distance of 268 .81 feet ; thence North 02° 40 ' 04" East for a distance of 116 .71 feet; thence North 59° ' 55 ' 44" East for a distance of 574.84 feet; thence North 86° 02 ' 55" East for a distance of 446 .07 feet; thence North 00° 58' 40" West for a distance of 849 .13 feet to the TRUE POINT OF BEGINNING. Said tract is 47.00 acres more or less along with and subject to all existing easements . SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my super- vision and that the same is correct to the best of my knowledge and belief. i �.EOR�M. UNDERWOODUNDERWOOD • COLORADO P.E. & L.S . NO. 4056 We, John D. Wheeler and S . Robert Houtchens, agent and attorney` for L . Lee Eldred and LaVonne I. Eldred, being the sole owners in fee of the above described property do hereby subdivide the s e as Shown on` the attached map. J W D. WHEELER ��HOUTC14tHENS The foregoing certification was acknowledged before me this12th day of January __.__ _ A .D. , 1979 . My Commission Expires : October 1, 1981_ Notary Public atitata 4.1 , i 1, Witness my hand and se mo The accompanying plat is accepted and approved for -ill- 11� . '�: CHAIRMAN OF THE BOARD OF C,QjT;j�jTY C,FjMMIIONE % i _� Attest: Count lerk �/� (��`�� . �J By: �� Date : -) 4/orttvs, Uno%w.bo/co1an h Pre,ierfX477Oe.6 .cua •.10 _r 0 DEPARTMENT OF PLANNING SERVICES k` {., `j"' `.i. ' PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO February 14, 1979 Board of County Commissioners Weld,Cdunt3;,Cdlorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption #376 Dear Commissioners: The attached application, plat and related items are in reference to a request by Dan Wheeler, et al, for a recorded exemption. The parcel of land is described as Pt. NE* Section 20, T5N, R66W of the 6th P. M. , Weld County, Colorado. This property is located 3-1/2 miles west of 35th Avenue directly south of U. S. Highway 34 By-Pass. The property contains approximately 47 acres of Class IV, VI and VII non-irrigated soils in the Agricultural Zone District. The request is to split the property into parcels of 11 acres and 36 acres. The proposed Lot A may be used as a residential building site in the future. Mr. Wheeler now resides on Lot B. Lot B will subsequently undergo a subdivision exemption to separate the residence from the productive farmland. The productive agricultural land will then be tied to another farm unit. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be approved for the following reasons: 1. The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses, resi- dential development will be encouraged to locate adjacent to exist- ing towns and in accordance with the comprehensive plans and stated wishes of each community. This parcel of land is located within the comprehensive plan of the City of Greeley. The City of Greeley has no objections to this request. I 1. _. er- . Board of County Commissioners Page 2 February 14, 1979 2. The request is in compliance with the agricultural policies of the Weld County Comprehensive Plan in that developments that utilize non-productive agricultural land will be encouraged. Soils on this parcel are Class IV, VI and VII non-irrigated soils and have a low utility for agricultural production. 3. For the reasons discussed above, the request is in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states: "The intent in establishing the recorded exemption proce- dure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agri- cultural lands may be developed for higher and more productive uses insofar as such uses are compatible with surrounding agricultural uses in areas where land divi- sions are proposed (Rev. 4-17-74) . " The residential use of this parcel is in compliance with the intent clause of the recorded exemption procedure because said parcel does not contain prime agricultural land and is located within the com- prehensive plan area of the City of Greeley. The residential use would appear to be compatible with the surrounding agricultural uses. 4. The proposed Lot A of the recorded exemption does not meet the mini- mum lot width required under Section 3. 14 of the Weld County Zoning Resolution, however, on February 8, 1979, the Weld County Board of Adjustment granted a variance, therefore, the request complies with ion 9-4 A. of the Weld County Subdivision Regulations. an-...- Re: .e fully .omas E. Bonn Zoning Administrator VT/csd i . January 11, 1979 Mr. Tom Hahn Weld County Planning Dept. 915 10th Street Greeley, Colo. 80631 Re; Wheeler-Eldred Recorded Exemption Dear Tom: It will be the intent of this letter to explain and support the request for the above referenced Recorded Exemption located in the NE 4 of Section 20, T 5 N, R 66 W, County of Weld. The Exemption area consists of 47 acres of land of which we propose to split into two parcels consisting of 11 acres and 36 acres. The site lies approxi- mately three miles west of the city limits of Greeley, on U.S. Highway ByPass 34, and is within Greeley's Comprehensive Plan Growth Area. It is adjacent to an area that is developing as a residential tract area, thus the 11 acre tract would be totally compatible to similar tracts surrounding it. The 36 acre parcel will be involved in a subsequent proposed subdivision exemption which will preserve its improvements and tie the remaining usable productive farmland to an adjacent 100 acre parcel of irrigated farmland. The net effect will be that productive irrigated land will be tied together as a farm unit and owned and operated by an individual who is under contract to buy the farm ground subject to the approval of this recorded exemption. The existing improvements and non-productive ground (the 11 acres) will be separated and utilized for a higher use. I believe that the intended uses as just set forth are consistent and compatible within the City of Greeley's guidelines toward development in this area as they require parcels of 10 acres or more in these situations. Very truly yours, Dan Wheeler jg 7 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY : • CASE NO. RE• bi t APPL . FEE o0 ZONING DISTRICT ariC • RECORDING FEE #Z DATE / - /2 -79 r/ RECEIPT NO . APPL . CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ) : I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : A portion of the NE 4 Sec. 20, T. 5 N, R 66 W, 6th P.M. (See Attached for full legal) ACREAGE: Lot "A" 11 ; Lot "B" 36 ; Total 47 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No Are there any existing improvements on Lot A? Yes No x Lot B? Yes x No FEE OWNERS OF PROPERTY: Name: L. Lee Eldred Address 7520 W. 28th St. Phone 352-2085 Name : LaVonne I. Eldred Address 7520 W. 28th St. Phone 352-2085 Name: John D. Wheeler Address 7460 W. 28th St. Phone 356-1331 WATER SOURCE FOR: Lot "A" Well ; Lot "B" City of Greeley TYPE OF SEWER FOR: Lot "A" Septic Lot "B" Septic PROPOSED USE FOR: Lot "A" Homesite ; Lot "B" Homesite I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and cor ect to the best of my knowledge . COUNTY OF WELD ) u. wheeler STATE OF COLORADO) �tetb t�outen`s, Authorized Agent and Attorney in fact for L. Lee Eldred and LaVonne I. Eldred. Subscribed and sworn to before me this 12th day of January , 1979 • SEAL A -a% Dia-ViyitenAl s p._ On Notary ub CP Cn oi► ��‘129 ,Lp My Commission expires : October 1, 1981 14 1 January 15, 1979 Mr. Tom Hahn Weld Co. Planning Dept. 915 10th Street Greeley, Colorado Dear Tom: This letter is to clarify the status of the well located on the Lee Eldrede property as it relates to our proposed Recorded Exemption. Whereas the well now sits on the five acre parcel, it will be our intent to either drill a replacement well on the eleven acre tract and abandon the existing one, or obtain an easement across the five acre tract to serve the eleven acres. In either case, the well will be reserved exclusively for the eleven acres and I will follow up with an Agreement to that effect. Sincerely, Dan Wheeler jg f a xx1,-„.— ^*der y y;L+ c •'r! ,. 3 }y ` 411O L V'F 5 rl '�iR '16)''' "417 h 4 i d 1 '.,�"� .,gryi ' .-„ 14 ./" f 1.2 ! �.__._" 1a I i a. kt a a ' !, PI 14 al' 1 4 I Nit. S. " 4 n �'� vF' ₹ ., b ' + �� i.= :•r--� a�ly�v_ 1 11 fir. — 'h+1Mme« �J�• +h `i:Jeir. : 1f 1 e. y14 y` � t b �t Y � ,. `f 11... Ate '1/4,. '• >. it ys.:.*4"�q. .. r I stfa ;g nt+ v . f.�AMR. mow+ tI q}+ .11- M `iqr`. "° Lk ,r' k +. N- 1" 1. i_ -"' -y. ' .' . arse s, iitit 44 H" .fi**_lii .�• ��: Aft "S hr °. r �, xx + a,..w ww+0 '', ,g } iti- yap r . , s„nw _0( +it J i r itt� - - - ' �./ "3.}.) as n • 1 - 1 Ef d "" Ela 1 z" ' - OiMM 4I SE s��(�p�v6ty 'i- '\ :t - ' :I, "�s/ Y f ' DIVISION OF WATER RESOURCES ST TE ENGINEER'S OFFICE Date &cJ 13 19l/ r w DENVER, COLORADO O No. G W i J / s Received of /�, >o . £3Y /�i Address .3 — c�C /— Zf� . 1�r �A fOe �� Amount Received site' - £ Dollars $—E—r---- - � _.. FEE TO BE APPLIED WHEN APPROVED Concerning Well Permits Concerning Miscellaneous Items Replacement Inc. Yield Sale of Books Cert of Doc Construction Final Copy of Record License Late Registrationp'! 32'� Chg. of Record Other STATE ENGINEER � By , �r ti� IPLEASE REFER TO GW NUMBER WHEN MAKING INQUIR I. Check No. M. O. f" Cash Permit No. _Approa • WNM60.8) RECEIPT COPY I ap N 1x x1t<F 1t n a 'p'ci� 1 r s K °k1h446 1 fff s. R A A 1 `It 1'v '4444. " { a "� ` ,{ sM q4 i v Y .0I4‘44 r t a.. z 4 41.11*,4 p a4 + x C„+ .�' I i ¢ r H :r � ' , r, a' 1 4,S - .'� r 1 I >, r aq. 9y4p t 91' H J. °,' ". •r .a,. i b 1.,1 ,I. a r 1v k 1 p5 sz k �t} Y . , f4 11lit 1 qfy:. r I" > 15n1 ., C t i. yt,.t,i �f) _�}}pff FF t t+' k d; dl ;tl• i.* �1 <, # a � M. i I�}h. Cq,:r� S 1111, M1 •rrt , if' , YS: 1111}` } µ i1t �� C� I t ry,J rf y4 ^,�g L C I r . b` : . �fy • �°,/, 4. "t 5 'f:'��1J q _ 5, fi .I: . 4 ,.I if 4'11; 1 113 ityy1. 4...14.1IIk , 4 7,.' Y 1y 1 . x. 1q.t.. �' { fr , r '� A t i {' 1.A ' s°x 1,fi- • hrf r � r� fix Y t � ••�4 $ 1 tak7q z. . e� 14 .a r L y� w 1T I4 �r i- a 4.. .' ' Kist •r '�, 3, 1rr 1*}1' : ,- t f s , WRJ.2sao STATE OF COLORADO 1\'„P 151 Index No. DIVISION OF WATER RESOURCE oo �- IDwD OFFICE OF THE STATE ENGINE Q' ct 11' Completion tn tCQ�•0 JES �1 Yield MAP AND STATEMENT FOR WATER WEL`FIyNGR%$G\NEEK ,' Checked By �� S1 hjEGC�O• y r PERMIT NUMBER X9352 . eFcz92,L1' • \-, % STATE OF COLORADO ) SSeprct& &271 WELL LOCATION _ Weld' CLAIMANT Isl L. Lee Eldred County WI/ /. of N E Y., sec. 20 being duly sworn upon oath deposes and says that he (they) is (are)the owner (s) of the well described hereon; the total number of acres T 5 A/ R 66' (A) U .,£ 6th P.M. Domestic, 2 lawns of land irrigated from this well is INDICATE WELL LOCATION ON DIAGRAM work was commenced on this well by actual construction on the 1junkno•.m day t, 1-"t"` 19�9 ; the sustained NORTH I I I 1 yield from said well is 2$ iS gpm, for which claim is hereby made I . '• I C. I for irrigate or water two yards purpose (s); _ I • I I the average annual amount to be diverted is W I X acre-feet; this map and statement is filed in compliance with law; I 16C 4 m he (they) has (have) read the statements made hereon; knows the I ' ,A': I content thereof; and that the same are true of his (their) own __—vpl_ __L. _L____ knowledge. r 1:1Signature (s) L. Lee Eldred c. I I I SOUTH Address: Rt 3 Box '361 Greeley, Colo. 80631 WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS. �5 OR SECTION LINES BY DISTANCE AND BEARING. Subscribed and sworn to before me on this / day of "- .n . 19_21_ ft. from section line. (North or South) My Commission expires:. in - /-7•. (Seal) / �i /� /J ft. from section line. di_.r e75 //�!�1 de 1-AC (East or West) 'Notary Public/ • Ground Water Basin WELL DATA Water Management / • District / v Date Completed T>s�rn 4L 7 19 �� Domestic wells may be lo7�t by he following: Static Water Level ten ft. LOT • BLOCK LcZ3' V Total Depth of Well/ 0 SUBDIVISION < �C, FILING k ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF COLORADO ON THIS 14- DAY OF , 19 / /C i STATE rAGINEER j w O-(1'_f 2 see 4 FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be a original copy on both sides and signed. 0 wurrc AMJfl rRPCN rnnina mutt he filed with the State Fnninnnr within 3!) davit after the wall is rmmnleted or within 7 days WELL L/'"'' (�', WELL DATA ,From To ` Type & Color of Material Water Loc. Type Drilling HOLE DIAMETER in. from ft. to fg, in. from ft. to in. from ft. to CASING RECORD Plain Casing /Size , kind a "'c f om 1 ft. to 2 C ''Size_, kind from ft. to Size_, kind from ft. to Perforated Casing Size_, kind from ft. to • Size_, kind from ft. to Size—, kind from ft. to GROUTING RECORD Material Intervals . Placement Method GRAVEL PACK RECORD Size Interval TEST DATA • Date Tested Type of Pump Length of Test Sustained Yield(Metered) Drawdown WELL.DRILLERS STATEMENT The undersigned, being duly sworn, deposes ar, says: he is the driller of the well hereon described; he has read the statement made her, knows the content thereof, and the same is true of his own knowledge. Use additional paper if necessary to complete log. X State of Colorado, County of ) ss License No. Subscribed and sworn to before me this day,of , 19__. My Commission expires , 19_. Notary Public t' es) LEGAL DESCRIFPCION 20 -s- 66 CASE 140. RE 316 518-C as:DE -- -- ‘,56 ice- -Z'J Fes ON 88-DE e' NE- q O kJ LY P53 e6-De arc 53-8 218-8 53"C IS C 53'8 SOIL CLASSIFICATION OLD NO. NEW NO; IRRIGATED NON- IRRIGATED .53- c 57. T ( Me 86- DE 13 Ini5 S I i3-c 77 _ e • 'SLLe s3 • r3 53 1M'e, TSse QI a-B 1'1 re me 53nn •cD 38 fie are -53 -3 S1 DI e I3re g6 8Aa £ 4 ]i' s • Tire v 4 / C No.34. POWER or ATTORNEY—Bradford Pnhaahie2 Ca.,122446 Stout Etna,Dwyer,Colorado-6-72 KNOW ALL MEN BY THESE PRESENTS: That L. LEE ELDRED & LaWNNE I. ELDTED, Husband and Wife, of the moot County of Weld , State of Colorado , reposing special trriat and confidence in S. Robert Houtchens, Esquire of the foot County of Weld , State of Colorado have made, con- stituted and appointed, and by these presents do make, constitute and appoint the said S. Robert Hcutchens, Esquire true and lawful attorney for them and in their name, place and stead, for their sole use and benefit- to file for and obtain recorded-Exemption and variance; of and with respect to the zoning Ordinances of Weld County, Colorado, and the subdivision lass of the State of Colorado, and to do whatever else is reaso- nably necessary, or desirable with or before the Zoning and Planning Canmlission and Board or County Commissioners of Weld County and to do whatever may be necessary or desirable to aceonplish these purposes, inclining any and all proceedings, actions, or litigation at administrative, trial or appellate levels and to co whatever else may be necessary, reasonable, or ocnvaiient to effect the separation or enhance the alienability of the tract of land described with particularity on the reverse side hereof. • jl Hereby giving and granting unto their said attorney full power and authority to do and iserform all and every act and thing whatsoever requisite and necessary to be clone in and about the prem- ises,-as fully to all intents and purposes as they might or could do if personally present,with full power of substitution and revocation hereby ratifying and confirming all that their slid attorney or his substitutes shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, they _have hereunto set theiliands and sear; - this 9th day of January , 19 79 . eisimaC, [SEAL] L. Lee E dyed g 4 &ek __[SEAL] Iavcauie I. fired [SEAL] fi ,( t. STATE OF COLORADO, �s _2gPc� County of IU A. rA J Boger Martin Candelaria I, in and for said ]0O0( County,in the State aforesaid, do hereby certify that L. Lee Eldred and LaVonne I. Eldred ,who..4 r. .... personally known to me to be the person.! whose names are subscribed to the within Power of Attorney,appeared before me this day in person and acknowledged that tie/......_...signed, sealed and delivered the said instrument of writing as......._. t..he?.r free and voluntary act and deed, for the uses ax d purposes therein set forth. Given imder my hand and xxx seal, this 9th day of Janua'Y i 1973._ l M3• commission expires July 12, 1980. Witness my sand and official seal. °?1711/ Notary Pable. LEGAL i1SCPTICN A tract crE land situated in the Northeast Quarter.(NE} ) of Section 20, 'Ibvmship 5 North, Ra-age 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado,! being more particularly 'Aosta-MITas-f&Tlow5c- -- - - - - - Conmencing at the Northwest Corner of said Northeast Quarter (NE4) ; thence South 01° 18' 0K" East for a distance of 453.60 feet to the True Point of Beginning; Thence continuing along said West line South 01° 18' 06" Fact, a distance of 660.1i feet; Thence leaving said West line North 89° 47' U8" East, a distance of 650.11 feet; Thence North 08 26' 15" East, a distance of 479.73 test; Thence North 28° 58' 27" East, a distance of 221.62 feet; Thence Sotith 89' 41' 03" West, a distance of 843.00 feet to the Point of Beginning. Said tract contains 11.00 acres more or less along with and subject to all existing easements. a , O j .1 i c # z . ri .a V.1 0MI g a) o O s de4l ° +, o I E p m A S a •Gpc, Q °' .� a 44C7 o • z p �. ti p i CD F ; PO IA' f r w o I t.. GTi W '1 -. • 1yp Reception N •1n -.3 I O� p o...-..�.1-�. 3!t t.L MARY ANN FEtfE125TE1N .. FEBecorder. Recorded atr-__ •�.o'cloct.S M., y{ ]] i a- / I. THIS DEED. Made this RECORDER'S STAMP 19 between 1st d°yof February 77 L. LEE ELDRED and LaVONNE I . ELDRED, °! husband and wife, 3 t - I State Documentary Fee Date FEB 21977 of the County of Weld and State of $ ,5., ( Q C Colorado,of the first part,and -'- C—. n JOHN D. WHEELER and GRETCHEN F. WHEELER, CD Legal Address of Grantees : 7510 W. 28th Street, r-1 Greeley, Colorado 80631 "i of the County of Weld and State of Colorado,of the second part: t Q WITNESSETH, that the said part ie s of the first part,for and in consideration of the sum of ' R OTHER GOOD AND VALUABLE CONSIDERATIONS AND TEN DOLLARS, t 9' JO to the said part I.ea of the first part in hand paid by the said parties of the second part, the receipt whereof is t c 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 parties of the second part,their heirs and assigns forever,not r in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: iil A tract of land situated in the Northeast Quarter of Section 20, fi C.4 1 Township 5 North, Range 66 West of the 6th Principal Meridian, c. e W County of Weld, State of Colorado, being more particularly des- d L.. cribed as follows: 4 Commencing at the Northeast corner of said Northeast Quarter; thence South 0°58140" East along the East line of said North- east Quarter for a distance of 250. 00 feet; thence leaving said East line North 85°28'30" West for a distance of 588.10 feet; thence South 89°51 ' 24" West for a distance of 74. 32 feet to the TRUE POINT OF BEGINNING; thence continuing South 89°51'24" West for a distance of 316. 48 feet to a point on the non-tangent curve concave to the North having a central angle of 16°59' 28" and a radius of 1146. 00 feet, a radial line passing through said point bears South 01°38'40" West; thence Westerly along the arc of said curve 339.85 feet to the end of said curve, a radial line passing through said point bears South 18°38 ' 08" West; thence North 73°58 '36" West for a distance of 147. 90 feet; thence South 55°24 ' 54" West for a distance of 225. 60 feet; thence South 33°58 '24" West for a distance of 273 .18 feet; thence South 28°58 ' 27" West for a distance of 221.62 feet; thence South 08°26' 15" West for a distance of 797.61 feet; thence South 75°58 ' 09" West for a distance of 150.88 feet; thence South 88°00' 50" West for a distance of 449.08 feet to a point on the West line of said Northeast Quarter; thence South 01°18 ' 06" East along said West line for a distance of 266.83 feet; thence leaving said West line South 63°49 '25" East for a dis- tance of 318. 86 feet; thence North 48°39 '07" East for a distance of 402.78 feet; thence South 51°31' 02" East for a distance of 256. 39 feet; thence North 30°31 ' 43" East for a distance of 109.80 feet; thence North 37°58 ' 30" East for a distance of 268.81 feet; thence North 02°40' 04" East for a distance of 116.71 feet; thence North 59°55 ' 44" East for a distance of 574. 84 feet; thence North 86°02 ' 55" East for a distance of 446. 07 feet; thence North 0°58 '40" West for a distance of 849. 13 feet to the TRUE POINT OF BEGINNING. Form No.C-142.2 II . ..) • G1,, 0 No.921. WARRANTY DEED To Joint Tenanu.=Rradferd Publishing Co..1824-46 Stout Street,Denver,Colorado 1673-6011) —10-76 em n i e . . BOOK 788 17103170 - a TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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 part1 e s 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,their heirs and assigns forever. And the said part i e s of the first part,for them Ives, • their heirs, executors, and administrators do covenant,grant,bargain and agree to and with se the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these pres- ents the ate 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 ve good right, full power and lawful authority to grant, bar- gain, 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, assessment and encumbrances of whatever kind or nature sorter.; Except the 1977 general taxes due and payable in 1978, and all subsequent years taxes, further subject to restrictions, reservations and easements of record, if any, 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 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 seal s the day and year first above written. Signed,Sealed and Delivered in the Presence of t7' 1.511L tp -- [SEAL) L. Lee Eldred, husband [SEAL] l / STATE OF COLORADO - kl"'"" ` O v ,,idaf" [SEAL] County of...Weld �s I',aVonne I. Eldred, wife The oregoing instrument was acknowledged before me this --1st-- day of February 19 77,by L. Lee Eldred and I,aVonne'•j: Eldred, husband and wife. My commission expires G/Pa'- #t}� Witness my hand and official seal. • v4 Notary Public. r "•a� l� ^ No.921. WARRANTY DEED To Joint Tenonto. arodford Publishing Co.,182446 Stout Street.Denver,Colorado (573.5011) —10.76 fflEmORAnDU hiDe To Planning Commission Una January 17, 1979 COLORADO From Gilman E. Olson, Utility-Subdivision Administrator Subplot: Dan Wheeler, et al (R.E.) The proper access agreement must be made for ingress and egress to Lot A. Gi man E. Olson Utility-Subdivision Administrator GEO:sar 1*7181g?a,,. 'w JAN 1979 o RECEIVED 'N ONtorah! ti Pintioc COMM M �Sb12 t L4:69sti .+ . N R„ GREELEY CIVIC CENTER January 16, 1979 GREELEY. COLORADO 60631 PHONE 1303 353.6123 • Mr. Dan Wheeler 7460 W. 28th Street Greeley, Colorado 80631 Dear Dan: This is to certify that the City of Greeley is providing water service to 7460 West 28th Street. This property is located in the NE 1 Section 20 T5N R66W. Sinc ely, CIT F GREELEY Darryl . All man Direc r Water and Sewer Department DDA/ld "A COMMUNITY OF PROGRESS" 7 I .._...�..... ... ....,. .wn .....,m..l.. ...,.i.... .. � ... ... ..... .....�+�sm.d..l..... ., I.... ...w.r.. .a....n. .....i..�.....e...................�......e............,..«. 0 0 BOARD OF HEALTH Weld County Heath Department DAVID WERKING, DDS, Greeley FRANKLIN D. YODER, MD, MPH WILLIAM SLICK. Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE, Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ. JR.. J.D.. Greeley ANNETTE M. LOPEZ. Greeley 031353-0540 FRANK MYERS, M.P.H.. Windsor HERSCHEL PHELPS, JR., M.D., Greeley KATHLEEN SHAUGHNESSY. PHN, Ault ARTHUR G.WATSON, Platteville January 18, 1979 Mr. Chuck Cunliffe Planning Services 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption requested by Dan Wheeler, 7460 W. 28th Street, Greeley, has been reviewed by Environmental Health staff, and no apparent conflict with health regulations is indicated. Sincerely, J4 n G. Ha11 , . .H. , Director nvironmental Health Services JGH:dr 1° JAN 1979 `=' RECEIVED I T • S Y 1 - as �� tipper • amt. a >w GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE (303) 3336123 January 23, 1979 Chuck Cunliffe Weld Department of Planning Service 915 Tenth Street Greeley, CO 80631 Dear Chuck: Re : Recorded Exemption No. 0959- 20-1-RE376 (7400 Block of West 28th Street) At its January 23, 1979 meeting the Greeley Planning Commission considered the recorded exemption requested by Dan Wheeler and found that the proposed development of the parcel conforms to the minimum ten acre lot size suggested for development in the 2010 growth ring. The Commission voted in favor of a motion to recommend no objections ; however, calling to the attention of the County concern for future public access to existing and future development that is occurring in this area. It was noted that in this area houses line up along the half section line of Section 20 and that right-of-way dedication for a local street may promote more orderly development of surrounding properties . We appreciate the opportunity for comment. If you have any further questions, please feel free to contact me. Since ely, 3 teganner �19 1'� Rits JG:kafete "A COMMUNITY OF PROGRESS" c vosiu . °a (") C) FIELD CHECK FILING NUMBER: RE-376 DATE OF INSPECTION: 1/26/79 NAME: Dan Wheeler, et . al. REQUEST: '- ! .Recorded Exemption LEGAL DESCRIPTION: Pt. NE* Section 20, T5N, R66W LAND USE: N Natural Grasses E Agricultural S Agricultural �y Agricultural ZONING: N Agricultural LOCATION: 3-1/2 miles west of E Agricultural 35th Avenue directly south of s Agricultural U. S. Highway 34 By-Pass W Agricultural COMMENTS: Subject property is located about one mile west of several rural sub- divisions. Lot B contains one house and improvements just below the ditch. Access is existing from Weld County Road 56. Property is irrigated below the ditch. Part of Lot B above the ditch appears to be in natural grasses and is located on a steep gradient. The balance of Lot B appears to be in agricultural production. Lot A appears to have been in agricultural production. There are no improvements on Lot A. BY: U L\GL� 17(6.4t_. _. RICHARD D. LANM - =' UIPER Governor G4� C.J.Engineer (ta State Engineer II • DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 January 29, 1979 Mr. Chuck Cunliffe Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Wheeler, et al, Exemption Dear Mr. Cunliffe: We have reviewed the above referenced application for exemption for two lots . We feel that a dependable water supply will be available from the existing well #49352 and the City of Greeley and we recommend approval of the Wheeler, et al, Exemption. Very truly yours a .Dr Jeris A. Danielson I►- „uty State Engineer JAD/GDV:mvf cc: Jim Clark, Div. Eng. Reiner Haubold ,01 1234 t\ FEB 1979 co t RECEIVED .o (Q Kfll Catty Cr Malin COSSMa 6191 IS9 Cli C i I RECORDING DATA - NAPS i PLAO NAME OF SUBDIVISION Recorded Exemption #0959-20-1-RE376 NAME OF SUBDIVIDER John D. Wheeler 8 S. Robert Houtchens LOCATION OF SUBDIVISION Pt NE4 S20 T5N R66W of the 6th P.M., Weld County, Colorado FEB 271979 BOOK 861 RECEPTION N 1782933 DATE OF RECORDING 'MARY ANN FEUERSTEIN MELDCOUNTY CLERKAND RECORDER BY: 0 ht),IIAA JO. &�P4 f DEPUTY COUNTY CLERK & RFCORD R Hello