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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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760589.tiff
• RESOLUTION RE: RECORDED EXEMPTION NO. 223 - PHYLLIS A. McGRATH WHEREAS, it has been determined by the Board of County Commissioners, Weld County, Colorado, that a certain parcel of land, being the property of Phyllis A. McGrath, 1925 28th Avenue, Number 22 , Greeley, Colorado, and more particularly described as follows , to-wit: All that part of Lot 3 of the Southwest Quarter of the Southwest Quarter (SWa SWa) of Section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, according to the subdivision of lands made by the Union Colony of Colorado, described as follows : Commencing at the Southwest Corner of the Southwest Quarter (SW Cor SW4) of said Section 31; Thence running easterly 304 feet 9 inches; thence North 527 feet; Thence West parallel to the right of way of the Colorado and Southern Railway for a distance of 317 feet 6 inches to a point 602 feet North of the Southwest Corner (SW Cor) of said Section 31; Thence South 602 feet to the point of beginning. does not come within the purview of the definition of the terms "subdivision" and "subdivided lands" as set forth in Section 30-28-101 (10) , C.R.S . , 1973 , as amended, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado , desires to exempt this particular division of land upon the recommendation of the Weld County Zoning Administrator, for the reasons as stated and pursuant to its authority under Section 30-28-101 (10) (d) , C.R.S . 1973 , as amended. NOW, THEREFORE, BE IT RESOLVED that the hereinabove described parcel of land owned by Phyllis A. McGrath, Weld County, Colorado, be exempt from the definition of the terms "subdivision" and "subdivided lands" as provided for in Section 2-1A(3) of the Weld County Subdivision Regulations. c 760589 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of A„t Gr , A. D. , 1976. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO y - i ?totem 11) ATTEST: Weld County Clerk and Recorder and Clerk to the Board , Deputy County Clerke "`� APPROV AS TO FORM: asi- County A torney / RECEIPT FOR CERTIFIED MAIL-30(,' (plus postage) POSTMARK SENT TO OR DATE Phyllis A. McGrath cc STREET AND NO. CA..' 1925 28th Ave. #22 <'"-' P.O., STATE AND ZIP CODE 8/19/76 ` Greeley, Colo. 80631 CLA" OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1 Shows to whom and date delivered 15@ With delivery to addressee only 65@ RECEIPT E. Shows to whom,date and where delivered 35@ SERVICES With delivery to addressee only 854 _ DELIVER TO ADDRESSEE ONLY _ __ _ 0 SPECIAL DELIVERY (were fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL a GP0: re7+o-ssr-+s+ '. tat .p1 'trust AM Sd t5aW .y1303M WIGS • • atm anemia v w revs it� _ Lgl o o O Q 1 c ti g• t t rye rt u° 7, � ; o t, of >i m O M� a .F, N NY' � W £ y p.�+ 7j {p� ? 1 o'QQQ r�+ lc:o g o a 3y09 y Irn M a � 24R ten 9 St.F",:3 � � YS II ❑ C s#v ' t 9 lb § LL�q°°! i U 3. V ■ i n e ,n m P•C Ip w 6 n IF O. A ; W Ov t7 OD N r. th td a II y e w ss n c 2 2 ON 'X S. •C < ...:0 PO I La in a " c n ? i 8 _,may . �` o � r,. l c CC C w 2 m u to Ln $ r �QQ ' ...... w v w _I I RECORDED EXta MPT/ON NO. : 080?""I-3-RE223 -3/4_,- • ;N c. • .'� O -.-0400, Li- S•. clne• s Vag. *F.„• ,• iCut ...• .,i �,?yr •`• ' O. Q �pQ •' • .,c.!"tif la. ,3j•:..^' ,. '^ ra'+ti' ; "e`"'�: m :7 'v • sus• ��v 'te.C.:14 w; S7' 27,,4•141.SS, 2.14-t----------, ti 69i9`? o R.R y \ Neti \ y}, I ' 4 w$, ,... Xturra +tx r. f i iiLr� „,,,,, , .:.. .4.4,,,. t ° Ifs "+' 1 +f .-'11e'Pxr'n< . ..,w ." "Yr''Yr'i sy7yy,.71i, "h . 184± ACRES i hl COT A" ro p 'Frame' r!'- 'X Cic W m N8s°/(°'IO"W 2'7'7. 7' T: Q Li 3.571 ACRES i -,et , o . Pr.. 1 .TOTAL' '-,. .�a .:; .{., ,.,�;,./t/ofe: Pvrc l is - fix., + gfi t . ' " ro"-,,y1i- .g 'brf/ ,4 1r� ' in Stl,no .3/ t rs' �'I ♦. pi- . ` ��. .�c.0u ftlinq On /. 73f ACRES I Oki O o0,s. sr�y LOT "B" k 11°fa: rep 6 Ir surveyed vac rte c N foerie/in9 fenaa� litres. $O 1S.C a.a'. ti...... S89°3148"„W 27671' , ,— '-_$W Fenn SE fiance f Car Car Scale: In r 1001 ■. . .pin fund ' • pin set " . , T. IC . Phyllis Ann McGrothast ' 43„+a`"'.» irstiwic -74. ,. - . .. . .-1l25w251 Avanuei,GreeJey...............nr ... „........_ r Y II � . �_ �� I1*I1 a1 „ - Zbi-r.', ,..'L!"1, 21"-..:4' f 4: �... b 0" .a! ' c , IIII a Ell MC 1 Ka C i 71 I CIE ttl . _ ■■■ , egreeoe engineering gab: rr,-lts Sheet / 0 2 - ,-rry�-�.;.,1kr�1 �� w� .,,, r, ^c. a ..- t'.',. -. _:�; ,._..-c,n . ._- ' v'',T._. 4• �r -: , RECORDED rhaSMPT/ON N O.:0P"3-31-3-RE 223 LEGAL DESCRIPTION # 1 - (As recorded in Reception No. 1567924, Weld County Records) All that part of Lot 3 of. the Southwest Quarter of the Southwest Quarter (SW1 SWZ) q.f� 6ectj,on,,31,.,Townstyip,6 NNrthi.,'Range ,b ,,,,Weat"ofy,tt�e fxtb PFincipalkMeridian, We unvfl tOta Zdd'¢ractordd g';tact ths►A jp j4 n * sw W & 'r4k pb10 �Co1onY'.: y, -,'-Of Colorado, described as follows! i . Commencing at the Southwest Corner of the Southwest Quarter (SW Cor SW-1-4) of said Section 31; Thence running easterly 304 feet 9 inches; Thence North 527 feet; Thence West parallel to the right of way of the Colorado and Southern Railway for a V distance of 317 feet 6 inches to a point 602 feet North of the Southwest Corner 6 .1% (SW Cor) of said Section 31; Thence South 602 feet to the point of beginning. ,v) LaG . , Pat't'b , e Northwest Quarter (NW'trm Section t; Township 5 Norrth, Range 65 West's'n _ of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of said Section 6, and considering the West Line of said Section 6 as bearing South 00°00'00" West, with all other bearings contained herein relative thereto; Thence South 00°00'00" West, along said West Line, 41.87 feet; Vam r 'It'. +1'Z d,gt'i "et 1$‘11,, d .,. c 1iginain „4' nil hen 't • ,1 c k h , VY Thence Southr801°03'34"4. West, 76.77 feet, 0' 1^: b henr6oue}( Oi'17'tl3 a"sL _ . ��N ° r 4- , 276.77 feet; 'ryl ���°� '" 602.56 feet to the True Point of Beginning. Said described parcel of land contains 3. 57 Acres, more or less, and is subject to any rights-of-way or other easements as redorded by instruments of record or as now existing,on said described parcel, og,.. land, " SURVEYOR'S`CERTIFICATE ' 4 7r!i ° , «`* �" �" 'r' 4 qA ,. I 1 ,11' f ; .L: -. I hereby certify that this plat was prepared under my supervi- o. and that e ame is correct to the best of my knowledge and belief. 'a * f. 4392 i JAS' R 'E. �a cr .l COLD' �0 .E.' & L.S. NO. 4392 Of COVat We, Phyllis A. McGrath, C. Merle Ketler, and Eva Marie Ketler, being e sole owners if fee of the above described property do hereby subdivide the same as shown on the attached map. sn Q,� J �� r ey, �- Q 27(;d et titter ,e�.-�1ati, ED v*s. nale. . A/40...„0 Phy lis A. McGrath C. Merle Ketler Eva Marie Ketler et r y _ fa,�.ego,�.n� c �. '�l!MJ� �.�,fP•ei++ '��.6 .. .,S./ fr 'IG a� .^twU *eltg . .. ommiii on Fxplr_e-s�, - - l6'�i ill Notary Public L P ' C. . Witness My Hand and Seal. cm:-.,The a ompanyin p;at-is ,accepted.and„app?r ed for filing ' ,,, Y ."03,:4' N y„'� ,rf re ; 14gin'y"`r"..�. r `s.7.1,"."40,.'- w.u' b,�,� -1Y 4olenC IRMA THE BOARD O COUNTY COMMUSIONER -. -' ATTEST: County Clerk D I- / Y • 1� Freese Engineering shee,f` 2012 rV 4"40=,?, fr-m.;';C";` C `/� Y a itt x;"i f Al i ,Iiitahit• -tab „3 GREELEY CIVIC CENTER GREELEY, COLORADO 80631 PHONE 1303 3536123 August 13, 1976 Mr. Gary Fortner Weld County Planning Department 915 - 10 Street Greeley, Colorado 80631 Dear Gary: The City Planning Commission has reviewed the request for a subdivision exemption by Phyllis McGrath. The Planning Commission found the request was compatible with the City Comprehensive Plan and would recommend approval of the request subject to adequate water and sewer facilities. If you have any questions on this, please feel free to call . Sincerely, Sam Sasaki Planning Director Z41 Ats +o�i lJr� a SS:Ib �? a AUG 1976 RECEIVED Yield coin 6'. Pliuut ceeilissiet cbL "A COMMUNITY OF PROGRESS" d ), DEPARTMENT OF PLANNING SERVICES X • t w WELD COUNTY CENTENNIAL CENTER 915 10th STREET GREELEY,COLORADO 80631 GARY Z. FORTNER DIRECTOR OF PLANNING WI O PHONE (3031 356-4000, EXT.400 • COLORADO August 13, 1976 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption 223 Dear Commissioners: The attached application, plat, and related materials are in reference to a request by Phyllis McGrath for a Recorded Exemption. The parcel of land is described in the records as part of the SWa of Section 31 , T6N, R65W of the 6th P.M. , Weld County, Colorado. Said property is located at the southeast corner of the junction of C Street and 23rd Avenue adjacent to Greeley. The subject property contains 3.57 acres. The request is to split the property into parcels of 1 .84 acres and 1 .73 acres. Based upon the information submitted and the adopted policies in the County, the Planning Commission staff recommends approval for the follow- ing reasons: 1 . The request is in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) and The Weld County Comprehensive Plan in that the use would be compatible with the surrounding residential uses. 2. The request is in conformance with Section 9-4(A) of the Weld County Subdivision Regulations. 3. The City of Greeley Planning Commission has recommended approval of the request. WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK Board of County Commissioners August 13, 1976 Page 2 4. Although the area in question is underlain with a gravel deposit, the Planning Commission staff does not feel it is feasible to ex- tract the resource in this area because: a. The parcel is only 3.57 acres in size which would make extraction economically unfeasible. b. The surrounding land use and the surrounding zoning both of which are predominantly residential would make extrac- tion unfeasible at this location. dfr Res ec fully,/ f1 Thomas E. Honn Zoning Administrator TEH/KM pmr 4 APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT. USE ONLY : LAND CODE : CASE NO : J1 Qa3 T : S : 1 /4 : DATE : 7W-7,4, LEGAL DESC . APPR: APPL . FE) -7,bE : p;Et X z,JM/; APP . CHECKED BY : RECORDING FEE : DATE SENT TO BOARD : RECEIPT NO. : S-137 DATED FILED & RECORDED : , )cee . t-rt rc -417/76 Ate/ 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 : All that part of Lot 3 of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, according to the subdivision of lands made by the Union Colony of Colorado, described as follows: Commencing at the Southwest Corner of the Southwest Quarter (SW Cor SW 1/4) of said Section 31; Thence running easterly 304 feet 9 inches; thence North 527 feet; Thence West parallel to the right of way of the Colorado and Southern Railway for a distance of 317 feet 6 inches to a point 602 feet North of thw Southwest Corner (SW Cor) of said Section 31; Thence South 602 feet to the point of beginning. ACREAGE : LOT "A" 1.84 - ; LOT "B" 1.73 t ;TOTAL : 3.57 - HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO xxx FEE OWNERS OF PROPERTY : NAME : Phyllis A. McGrath ADDRESS1925-28th Ave.#22 PHONE :353-3820 NAME : C. Merle Ketler ADDRESS3o29 - C STreet PHONE :352-7064 NAME : Eva Marie Ketler ADDRESS3o29 - C Street PHONE :352-7064 WATER SOURCE City of Greeley TYPE OF SEWER Septic Tank PROPOSED USE Residence - Agriculture Acreage 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 ) - a Sign ure : wner r Authorized Agent Subscribed and sworn to before me this /d day of a. , 197' SEAL NOTARY PUBLIC My Commission expires Sept. 15, 1979 My commission expires : i ' � t \ I.` 1 ^ 4 . . n o • y ©a i Ien i tir4 . i - .: - .� Erne _ I 1 \ � ,e � -�� (Fin 9. _ . raj. 0lc gym.. ..#:: \\ 1 ; — , • • 20 ! d 21 � I f � r: �Y /tl 4 I� +ter.... sna - . � Y } :,ire .At.---r ii - —,• 1-±-zrt :.a.. _re _4 S I: ih• lit • ' 1. ,I ii n I ft •' S m tilt I L�Ir �I ilt .- - - f. a ' • -� "4,...:., rt 4R + ' !''''"' 7'9e.wa 1 I . ♦'a h+t "` 'P r',.. � \' y,� {,$) J it'�_ . ' • '� ii, �� • F �. il y. • lA • ' SiMr .. •. i $• of r: I ? it* It_Tan ,,, 4 , ye ,,iii,,,.$ .„ ,,_ . . .R.. - - . it.- ova ' r. s Via.: A %-.11—, q 4.: •. i ynY '• I• x A Gs ' "; I 4 » *. • ist- {I ice'... sue, tr, „dh Y.�L—.+ •t'..�� -':s '.ti 91r -> : •- �.•" < S: I4,* -4., 5Rs' •t'tr.!` !h 41 ` { i .o.. !?h. ,q, �~ 1 S Y a'fT 4j.. ,.uni �,i .I'k• ' -., Fvfi r pi • L !'I ei++iY (i t� fq did. i '_. + t �, .v3. . �'t �1.'! •rl Kill a .o�.ry4 .. n. r' . i�1 ",", _ 1 •_' . i. •- -.4v + i r •ettii, Oki .1 t �- •® .8- ,M, / • f < 1 � Irv,r #!�`': - a m ..*"1 t : 1 s•9� a• �j!{. _ :.m.,: �1 i''�- t f '} 1 ♦YE'..II + Y' • :-• w ' ' ' f t , I` r j{ t14- y t 411 Virlile 4.s �. „thr :' r'F •p„ ...»'' qix'• is :• ^'9 4, ^{ ....• ....� ..�1 !sot2 -.••;,:-." Jcy�`,g�77 .r. wf a.r- '�{ , tF t } ., * r S ..!leit i - • ' .` '. It i w -.-,.q - .'1 it Fi/� t 'E..'` � r� 4a Vf , e c '-.._.. :,2,2:, t.. 4,.A t tt - . " ,.�.. July 26, 1976 Mr. Ken McWilliams Weld County Planning Commission Greeley, Colorado Subject: Property at 302 North 23rd Avenue Dear Mr. McWilliams: This is to give our permission to have our daughter, Mrs. Phyllis McGrath, represent us in regard to the recorded exemption on our property at 302 North 23rd Avenue, Greeley, Colorado. Thanking you in advance for your kind consideration. Sincerely, C /.Z C. Merle Ketler Eva Marie Ketler I2CTX-IEEL REALTY COMPANY 133? 8TH AVENUE PHONE 13031 3561331 GREELEY. COLORADO 80631 June 25, 1976 Mr. Tom Hahn Weld County Planning Commission Weld County Courthouse Greeley, Colorado 80631 Dear Mr. Hahn: In an effort to make my property at 302 North 23rd Avenue more marketable, I am requesting your consideration for allowing me to divide the property into two different parcels. We have found our ability to get financing for interested buyers very difficult because of its size. Also, I feel if two separate tracts were made from the parcel it would make considerably better use of the land. We have enclosed all of the required material for requesting a recorded exemption. Lot A would be, with your approval, 1.84 acres and Lot B 1.73+ acres. If you would need any other information, please call me at 356-1331 and we will get the needed information to you immediately. I feel that after you have reviewed our material you will agree that a positive answer to our request would be in the best interest of the area. Sincerely, Phyllis McGrath PM:tv Encl. JOHN R. P. WHEELER. REALTOR • MEMBER - AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS • AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS July 17, 1976 Re: McGrath Recorded Exemption Accesses - There are two existing accesses - one for each proposed lot Septic - There is an existing septic system on the proposed Lot A. A septic system is proposed for Lot B. Improvements - There is an existing house on the proposed Lot A. Lot B is void of improvements. WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STA"iE OF COLORADO) COUNTY OF WELD ) • The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION : All that part of Lot 3 of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of section 31, Township 6 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, according to the subdivision of lands made by the Union Colony of Colorado, described as follows: Commencing at the Southwest corner of the Southwest Quarter (SW Cor SW 1/4) of said Section 31; Thence running easterly 304 feet 9 inches; thence North 527 feet; Thence West parallel to the right of way of the Colorado and Southern Railway for a distance of 317 feet 6 inches to a point 602 feet North of thw Southwest Corner (SW Cor) of said Section 31; Thence South 602 feet to the point of beginning. CONVEYANCES ( if none appear, so state) : Reception no, None , Book Reception no . - , Bcok Reception no. , Book Reception no. , Book Reception no. , Book Reception no: , Book Reception no. , Book • This Certificate is made for the use and benefit of the Planning Commission of Weld County, Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title, and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the amount of the fee paid for this Certificate. In 'fitness Whereof, TRANSAMERICA TITLEINSURANCE COMPANY has caused this certificate to be signed by its proper officer this24th day of May , A. D. 1976, at 7. 45A.M. o ' clock. TRASNAMERICA TITLE INSURANCE COMPANY AUTHO;ZEP SIGNATURE le ^ I, T 't • x It M.r ,.thiCk/ f,9r ,.k!,,I. . , : ; . \„,1 ! .Irs T *3"eEn. lie'otMs Stir day c1 1 Vii+31tD .7 -Tar:. i October �. AUDRA H ........,—_,:_______----....—..,,„!i i . LARSEN fS State Dccumcn on/ ("ee ti, "." r f Date ()ET 9 13 70 i'e o ,y?Che , $ ' %O 1 County of Weld and State of 111 Colorado,of the first part,and d L1 .,LTho C." MERLE KETLER and EVA MARIE KETLER (Ni l NI — 9 ' .er ? of the County of Weld WIT goodd State of do,of the part:and valuable considerations and ten 0 o - DOLLARS, es o to the said party of the first part in hand paid by the saidso o hereby confessed and acknowledged,ha s parties of the second part, the receipt whereof is rant,bargain, cone granted,bargained, sold and conveyed, and by sell, y and confirm unto the said parties of the secondpart, these presents doe s o in tenancy in common but in joint tenancy,all the following described lot erf arcel heirs and assigns forever,not o being in the County of W e 1 d p adoof land, situate, lying and co 1 Undivided one-half (1/2) interest in and to All that part ofl Lot Three (3) tT co Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of of the one (31), Township Six (6) / } Section Thirty- one r North, Range Sixty-five (65) West of the Sixth Prin- cipal c.s Meridian, Weld County, Colorado, according to the subdivision of lands o made by the Union Colony of Colorado, described as follows: Commencing at the Southwest Corner of the Southwest Quarter (SW 1/4) of said Section 31, then running easterly 304 feet 9 inches, thence North 527 feet; thence West parallel t the right of way of the Colorado and Southern Railway for a distance of 317 feet 6 inches to a point 602 feet North of the Southwest corner of said Section 31, the ce South 602 feet to the point of beginning, together with One (1) share of the capita stoc o RT� (� ePPl7e Ii4Eati n Col nnri T OjTHPi wit all a�d aing[pgT tyre here eta meare 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 party of the first part,either Ia 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 party of the first part,for her self . her heirs, executors, and administrators do e 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 pres- ents are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law,in fee simple, and have good right, full power and lawful authority to grant, 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,Hens,taxes,assessments and encumbrances of whatever kind or nature except the 1970 general taxes due and payable in 1971, which have been adjusted and which parties of the second part agree to pay Roemer, lsusequent years,s, furth 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 party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part has hereunto set band and seal the day and year first above written. r Signed,Sealed and Delivered in the Presence of .._j�- ( AUDRA H. LARSEN F{� � Sf [SEAL] STATE OF COLORADO, l [SEAL] .'• J�t� County of Weld ` . Fes, E ins Prtgoieg lnatrvment was acknowledged before me this 8th t $.$7 ,,py. 4"A tiara H. Larsen day of October G , wr y comq>isatoa expires August 26 ,19 7 fitness my]rand an olficist seal. I Y ;, No. 921. WARRANTY DEED—To Joint?enants.Brulford Pu �--- •It byY natural person or persons hero insert name or names; It bb 18E` t dam'n repr,Colorado.-12-89 attorney-in-fact, then Insert name of f person actin In rIp j 89 poratfonn,, then insert name of such officer or officers aasInesh ttoraaie9-in-feet a other of hr desuie or otfbial ��ty Lokaowiadgmnat,Rea 1184-1 Colorado Revised Statutes 158.Trident or other officers of such per' by °'r+ror'ofora". corporation, aamina lt—Htaert°ry r` • t.) C 3orded at -'-./I TS, ,M 17 7l P-cce"v^^.ion No -._.. - — " ANN S nvr Ccrorder. JOHN I. McGRATH whcc3ndclre:aia R.F.D. Platteville rCounty of Weld , and State of O-* Colorado , for the conoideration of Ten and to no/100 ($10. 00) c` Dollars, in hand paid, N- • hereby to oell(o) and quit claim(s) to PHYLLI SI ANN McGRATH L9 1 o, wtoae addrea is 1616 Montview Boulevard MI N County of Weld , and State of Colorado , the following real o property, in the County of Weld ,and State of Colorado, to wit: • o ti Undivided one-half (1/2) interest in and to All that part of c.d Lot Three (3) of the Southwest Quarter of the Southwest Quarter SW-1/4 SW-1/4) of Section Thirty-one (31) , Township Six (6) North, Range Sixty-five (65) West of the Sixth Principal Meri- dian, Weld County, Colorado, according to the subdivision of lands made by the Union Colony of Colorado, described as fol- - lows : Commencing at the Southwest Corner of the Southwest Quarter (SW-1/4) of said Section 31 , thence running easterly 304 feet 9 inches, thence North 527 feet; thence West parallel to the right of way of the Colorado and Southern Railway for a distance of 317 feet 6 inches to a point 602 feet North of the Southwest Corner of said Section 31, thence South 602 feet to the point of beginning, together with One (1) share of the capital stock of The Greeley Irrigation Company. with all its appurtenancca Signed this //Zit day of May , 19 71 . s )1.4e6")17 JOHN I . McGRATII STATE OT COLCIIADO, l }a. County of4 )0I }}} The foregoing instrument was acknowledged before me this— -- /3- --- day of May , 19 71 , by JOHN I . McGRATH I i 2 tdy edntnlon'ypireo 01/.31 /992 VJitaca®$*CHfid'nud official coal _... • no'asy 0tattl:viv?ffisttntiL:3Vr2.LIf by natural moon or persona Pare Insert name or n n: n by Demon nctlna In nor eot^t[vo or 0.-.j LI basal ycr a atten oy-11-:acL than Incest name of porcon as oucout r cC on,cy-to-fait or oLaor earaolty or Ccscrly Lev If bJ o' f corporctLon Lao Lawn name of ouch ofrtcrr or offs era an L:o prealdeat or other utdooso of c;ch car- 'sonata vc-" It. No, O3. QM CLAIM DECD-Cbor2 form-Cie. IlF1.11 u ameedad 1001.-0-.0 —ar,dfonl Publishing Company,1824 Stoat Street,Denver,Colorado . -, or . ._ r V • ' Att 0" is, fi. _i a iterestri GREELEY CIVIC CENTER July 15, 1976 GREELEY. COLORADO 80631 ATTENTION: Ms, Phillis McGrath We wish to advise that water is avail- able for 302 North 23rd Avenue , Sincerely, CITY OF GREELEY DDarrJry D, Alleman Director Water and Sewer Department DDA/pjh "A COMMUNITY OF PROGRESS" __ WHEELER REALTY i�APAR? f 1331 -6TH Aycnuc.P.0. Box 619 •336.1 sal `�" GREELEY. COLORADO 80631 11(illroffalineless` The printed portions of tins ro.m SPECIFIC PERFORMANCE CONTRACT approvee ey tna Cobnoo Rut s W commission (Sc aaall (RESIDENTIAL) May 13 1976 RECEIVED FROM PETE AND FLORA DURAN Purchaser las joint tenants% the sum of s-20.0.DD___ , in the form of check to be held by—John R.P. Wheel er broker, In his escrow or trustee account,as earnest money and part payment for the following described real estate situate in the _— _ County of Weld ,Colawa to-wit:: See back, see attached survey. with all improvements thereon and all fixtures of a permanent nature currently on the premises except its hereinafter provided,in their present condition,ordinary wear and tear excepted,known as No. __ 302 North 23rd Avenue, Greeley, Colorado • which property purchaser agrees to buy upon the following terms and conditions,for the purchase price of S 29.900.QQ_ payable as follows: s--___ 200.00 __ hereby rece,ptd for. S and balance in cash or certified funds at the signing of the Deed and by securing a 30 year loan in the amount of $29,500.00. This offcl made subject to securing said loan. Any monies received hereunder to be returned to veterz purchaser. if loan is not approved. Said loan to be made at the applicable interest rate at time of closing. Said loan to be VA. • 1 i' • 1. If a note and trust deed or mortgage is to be'stunted,the purchaser agrees to pay a loan transfer fee not to exceed S None and it is a condition of this contract that the purchaser may assure such encumbrance Without change in its terms or conditions except None 2. Price to include any of the following items currently on the premises: Lighting,heating and plumbing fixtures;all outdoor plants,window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drapery rods, central air conditioning, ventilating fixtures, attached TV antennas,attached mirrors,linoleum,awnings,water softener(if owned by seller),fireplace screen and grate,built-in kitchen appliances,well to wall carpeting and range, refrigerator. .rods. __ ell in their present condition, free and clear of all taxes, liens and encumbrances;except as provided in paragraph 4;provided,however,that the following fixtures of a permanent nature are excluded from this sale: None 3. An abstract of title to said property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,at seller's Option and expense, shall be furnished the purchaser on or before _a1j.ly_} 19_46s__. If seller elects to furnish said title insurance commitment,seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient general warranty deed to said purchaser on July_11 ____._, 1976_, or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes,except the general taxes for 1916_payable January 1, 19 77 and except None fret and clear of all hens for special improvements now installed, whether assessed or not; free and clear of all liens and encumbrances except easements for telephone,electricity,water and sanitary sewer,and except None • and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be paid may be paid from the proceeds of this transaction. • 5. General taxes for 19 16__ , (based on 19 15_levy and 19 75_assessment), prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances,if any,and_NORP — ,shall be apportioned to date of delivery of and. 6. The hour and place of closing shall be a designated by WHEELER REALTY COMPANY 7. Possession of premises shall be delivered to purchaser on Date of Closing subject to the following leases or tenancies: None If the seller fails to deliver possession on the date herein specified,the seller shall be subject to eviction end shall be liable fore daily rental of S —0- until possession is delivered. 8. In the event the premises shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than tan per cent of the total purchase price, the seller shall he obligated to repair the same before the date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall exceed such sum,this contract may be cancelled at option of purchaser.Should the purchaser elect to carry out this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not exceeding,however,the total purchase price Should any fi.turn or services fait between the date of this agreement and the date of possession or the date of delivery of deed,whichever shall be earlier, then the seller shall he responsible for the repair or replacement of such fixtures or services with a unit of similar size,age and quality,or an equivalent credit. 9. Time is of the essence hereof, and if any payment or any other condition hereof is not ride, tendered,or performed by either the seller or purchaser a herein provided, then this contract, at the option of the party who is not in default,may be terminated by such party,in which case the non-defaulting party may recover such damages as may be proper. In the event of such default by the seller,and the purchaser elects to treat the contract as terminated,then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser, and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller.In the event,however,the non-defaulting party elects to treat this contract as berg in full force and of feet,then nothing herein shall be construed to prevent its specific performance. 10. In the event the seller fails to approve this instrument in writing on or before _ , 19 or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shad be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to server; provided, however, that in lieu of correcting such detects,seller may,within said 30 days,obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. it. Additional Provisions: It is hereby understood that Phyllis A. McGrath is a licensed Real Estate salesman for Wheeler Realty Company. Sale subject to approval of Recorded Exemption. l ; i 12. Upon approval hereof by the seller, this preema4t shall become a contract between seller and purchaser and shell inure to the benefit'of the heirs, successors and assigns of said parpes.� •Str,x�l apphceo . • t / . 1 ' 1 i �F John; R.P., Wheeler — Broker - / tar n L' IZ tnireLYI ` r Data . Agent _ /Y /' 4�1PurcMser1. _ z'h ) eA h 16 By s -�� C _ �"__ Ew''_t- I ba .� PHYYL .I A. MCGRATH Seller approves the above contract this __ day of n'f//"L L ^ 'i 19. ,2.and agrees to pay a commission of_1-_% of the gross sales price for services in this transaction,a agrees that;in the event orteiture of.payments made by purcheser,such payments shall be divided between the seller's broil,/and the seller,one half thereof, said broker,but not to coed the commission,and the balance to the seller. / ✓'1� !✓ ' 1 l./ ��.)1 i ./ / r ( 4 .I Jr' � r��n_ — sat« •• Purchaser's Adorer __ / Seiler's Address • Ia. McGRATH, PHYLLIS RE-223 Pt. SWa SWa Sec. 31 T6N R65W '/4 /0 /- t..bt /y3 19762, P,c. . E;LD! C O:U NAT J1 cC041.O,RA�a•W/ WELD COUNTY PLANNING COMMISSION 011.,EE LEY1!ieg.LO11, 915 Tenth Street TO: Glen Paul , Director • Environmental Health Services FROM: Gary Fortner, Director of Planning Planning Commission DATE: July 23, 1976 SUBJECT: McGrath Recorded Exemption The enclosed application is submitted for your evaluation with reference to its compliance with County and State Health Department Regulations. If additional information is required for such evaluation, a please notify our office as soon as possible. In addition, we would request that your office notify the Planning Commission of any permits required by County and/or State Health Department Regulations with reference to the proposed use, so that the applicant can be made aware of such requirements. We would appreciate receiving your evaluation and comments on the proposed use and/or facilities on or before August 3, 1976 so that we can address, and hopefully resolve, an' roblems rior to con- , sideration of the case by the Weld County )P WWWW P � on August 9, 1976 Commissioners Thank you very much for your efforts in this matter. Gary Fort r Weld t i / BOARD OF HEALTH W e a ounty Health Department CATHERINE BENSON. AULT FRANKLIN D. YODER. MD. MPH 1516 HOSPITAL ROAD RALPH AAB. GREELEY DIRECTOR GREELEY. COLORADO 80631 WILLIAM SLICK. ROGGEN 1 CLARENCE SITZMAN. GREELEY (303 3530540 OAVtD WERKING. DOS, GREELEY August 4, 1976 Phyllis McGrath 1925 28th Avenue Greeley, CO 80631 TO WHOM IT MAY CONCERN: We recommend approval of Phyllis McGrath Recorded Exemption of 1925 28th Avenue, Greeley, Colorado located in the SW1, SW1, Section 31, Townhsip 6 North, Range 65 West, Weld County, Colorado. The soils are suitable for individual sewage disposal system. Sincerely, 7 X(' C Glen E. Paul, Di lector Environmental Health Services GEP:dr cc Gary Fortner Planning Dept. I - - t C OLC C ., WELD COUNTY PL;. July 23, 1976 co s;.usslo ,` GRC Lt Y. CoLO�-::man 915 10th Street Frank Smith • County Engineer • TO !:'HOST IT • SAY CONCERN: Enclosed is an application from Phyllis McGrath ___ _ for a Recorded Exemption This l L�•;; ', i l i be heard before the Weld County XRxxx xxxixxxxXXxrcx� on . August 9, 1976 Commissioners ... J If you have an, comments or ,,u59es,_lons , may we please hear from you before August 3,9 1976 The location of the parcel of land for which this application has been submitted is Pt. SW4 SW� o Sec. 31 T6N R6SW if no co:: .ent — -- -- s are received by August 3, 1976 Ht will be # assu: M• ed you hove no objections and wish to make nc comments with' refer- ence to either the granting or denial of this application. • Thank you. Kenneth McWilliams lssj;t<3p`SZoning Administrator mtmoRAnDuni W� ��• To Planning Commission Date August 12 , 1976 COLORADO From Engineering Department subject. Phyllis McGrath Recorded Exemption There does not seem to be any engineering problems caused by this request ; however all new accesses created at a later date will have to have approval of this office . l Gilman E. Olson mfm E r 1 ; t CC% I._O ^ ' '- tO i,:; . J WILD COUNTY PL,.• July 23, 1976 c:=:�__ -- co::r.Ussio ,,a.. CIR E:L tiv. CoLo: w.--___--_ 915 10th Street Sam Sasaki • Greeley City Planning Commission • City Complex Greeley, Colorado 80631 v.4 . S *'yf,'_ •M TO WHOM IT M Y CO'lC=nl9: Enclosed is an application •from _Phyllis hyllis McGrath for a Recorded Exemption This i taii will be heard before the :Jeld County Xxxxixxxixxx)azxxxx on August 9, 1976 Commissioners If you have any coadients or suUgestions , r� y we ,?ease hear from you before August 3 1976 } The location or the parcel of land for which this application has been submitted is Pt. SWa SWa Sec. 31 T6N R65W I 'Y If MO co;:rents are receieet by August 3, 1976 _ : t ,ill be Irs—_ assured you hove no objections and wish to make no co:-moria with refor- i ence to either the granting or denial of this application. Thank you. I. Kenneth McWilliams l,s,sje <mitsZoning Administrator FIELD CHECK /7/ 61-24 FILING NUMBER NAME Flo •I a`Yn REQUEST P LEGAL DISCRIPTION LAND USE N Pot ; ke , E �t S i u s Proc w Rec.jc -- �2s u , ZONING N LOCATION SE ()pry) }- � E \rrti frc (T }}-- s 7244 4-(( 7 u 6- w k COMMENTS : 1 AN t4147 %i / 42-iitite G14" � !• A f OHO V Ce • /.� Welt 7•2i Cie ti E1 -ic�.� clortgle 2 o f.,A , , 7 e re'1 r2l 7?/I>fi ACA/22✓,tYt. 60/1.0,2.-o • • BY �'( /1/? t/L rulL ,ti "*"1 /. gs _� DE ,RTMENT OF PLANNING SERVICES WELD COUNTY CENTENNIAL CENTER 'A.�i" , 91510th STREET GREELEY,COLORADO 80631 GARY Z. FORTNER CPHONEDIRECTO6 OF PLANNING (303) 356-4000, EXT.400 COLORADO July 22, 1976 Phyllis A. McGrath 1925 28th Avenue, #22 Greeley, Colorado 80631 Re: Recorded Exemption #223 Dear Ms. McGrath: Your application and related materials for Recorded Exemption #223 are complete and in order with one exception. For our file we need a letter from C. Merle and Eva Marie Ketler authorizing you, Phyllis McGrath, to apply for this recorded exemption in their behalf. I have tentatively scheduled the hearing by the Board of County Commissioners for August 9, 1976. Respectfully, Ken McWilliams Assistant Zoning Administrator jsm cc: C. Merle and Eva Marie Ketler 3029 - C Street Greeley, Colorado 80631 WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK DEPARTMENT OF PLANNING SERVICES WELD COUNTY CENTENNIAL CENTER 915 10th STREET GREELEY,COLORADO 80631 GARY Z. FORTNER WI C DI3ECTO6 PLANNING OPHONE (3031 356-4040 00, EXT.400 COLORADO July 28, 1976 Phyllis McGrath 1925 285h Ave. #22 Greeley, CO 80631 RE: Recorded Exemption #223 Dear Ms. McGrath: A referral has been sent to the City of Greeley for comments on your application for RE #223. Today a member of the City of Greeley Planning staff indicated to me that the earliest available agenda date when the City of Greeley Planning Commission could make a recommendation on your application would be August 10th. Therefore, I have rescheduled the hearing by the Board of County Commissioners for August 16, 1976. If you have any questions, please don't hesitate to contact our office. Respectfully, Ken McWilliams Assistant Zoning Administrator KM/pr WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK RECORDING DATA� - MAPS 8 PLATS NAME OF SUBDIVISION SiCAz /�OD ,? - Si - 3 REa23 NAME OF SUBDIVIDER 9/-1Z l /Caa2A-) a-I&Alet i tellJ�/(` LOCATION OF SUBDIVISION �/ 0(/i T ' s- 3-- DATE OF RECORDING AUG 241976 BOOK 775 RECEPTION N 169699'7 MARY ANN FEUERSTEIN WELD COU V CLERK AND RECORDER BY: ' �f/ /<I/i DEPUTY COUNTY CLERK & RECORDER
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