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HomeMy WebLinkAbout841050.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 716 - B & H FARMS 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, the Board of County Commissioners, pursuant to its authority under Section 30-28-101 (10) (d) , CRS , as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 716 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 716 was submitted by B & H Farms for property which is located in Part of the SWe, Section 2 , Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 2 acres and 1 acre, allow the applicant to sell the smaller parcel. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definitions of "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) the applicant submitting a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety days from the date of approval by the Board of County Commissioners; 2) access to the proposed Lot A shall be obtained from the missile site access road and not State Highway 257 spur; 3) an additional thirty-five feet of right-of-way be reserved north of the existing right-of-way on the Colorado State Highway 257 spur. The total right-of-way north of the centerline of State Highway 257 spur shall be seventy-five feet. This correction shall be shown on the mylar plat; and 4) A note shall be placed on the plat. The note shall read: "No residential building permits shall be granted for Lot B of RE 716 . " ��' o✓ E 7/4 841050 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: ' , ' :^^ ` ,;;; ' y 7 Y. WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman BY: i s ' c *èro-Tem Deputy/ountyo erk OK anAPPROVED AS TO FORM: Gene R. B antner EXCUSED DATE OF SIGNING - AYE Chuck Carlson AF, , County Attorney EXCUSED John T. Martin 841050 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 4400 1510 T.10th STREET (ft t FEELEY, 5 COLORADO 10 80631 IgoC. COLORADO z3'` November 7, 1984 Board of County Commissioners 1. Weld County Centennial Center 4, 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #716 Dear Commissioners: The attached application, plat and related items are in reference to a request from B & H Farms for a recorded exemption. The parcel of land on which this request is being made is described as Part of the SW1, Section 2, T5N, R67W of the 6th P.M. , Weld County, Colorado. The property is located 3 miles west of Greeley on State Highway 257. The property contains approximately 3.242 acres of Class Ile IVe irrigated and IVe VIe nonirrigated soils. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 2.242 acres and 1.0 acres, more or less. The applicants are proposing to sell the smaller 1 acre parcel which is adjacent to the Colorado State Highway 257 spur. It will be used for residential purposes. The larger 2.242 acre parcel is traversed by transmission line easements and is not projected for development. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: The 3.242 acres, more or less, under consideration will be compatible with the existing surrounding land uses and with future development of the surrounding area as projected 841050 Board of County Commissioners Page 2 by the Weld County Comprehensive Plan. The proposal is consistent with the intent of the Agricultural Zone District in which it is located. - The proposal was reviewed by the city of Greeley and was found to comply with their long-range Comprehensive Plan. - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - City of Greeley has indicated adequate water service is available for this proposal. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from Missle Site Road. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a revised mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. 2. Access to the proposed Lot A shall be obtained from the missle site access road and not State Highway 257 spur. 3. An additional thirty-five (35) feet of right-of-way be reserved north of the existing right-of-way on the Colorado State Highway 257 spur. The total right-of-way north of the centerline of State Highway 257 spur shall be seventy five (75) feet. This correction shall be shown on the mylar plat. 841050 Board of County Commissioners Page 3 4. A note shall be placed on the plat. The note shall read: No residential building permits shall be granted for Lot B of RE 716. Respectfully, iTA 2 /- James R. Mayerl Current Planner $41050 �o 11 P ,p . 47q° �ioo. �� p II 31 34 \ 36, �o \ _ 47(H' ��s -- �5 Well 4 mss'" ° �� ;s o o0 II = �i` ,5y ,�_•1 ri _�A it ��a�so,/�i 4�zs H 3p ¢> —XL--) 5) I 4 sill I�) 1I � �Er ��- �sT C r,/ c • °� �� A i i( - o k. ( W 4900 ( �� ' m it - ( i 1 \. / II R .714 W - • • •3 ]CW.f 488 'E. J tisi0 r m Pi p 0 A ry O 0 4892 _ p 0 • 1O " -� 11 i 7 12 7 r 4991 -- //� / h / f , N_....\C .' .4905 U _ _ - 48.6 13 �o� Htl� y = Pr6. S o,. 0 \\---,00 '��. ( � 4 k 06 III 49g4 14 �'�� 7 3 49p0 o P 9 p900 � V 4900 4940 841 FIELD CHECK FILING NUMBER: RE 716 DATE OF INSPECTION: 10-19-84 NAME: B & H Farms REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SW1/4, Section 2, T5N, R67W LOCATION: 3 miles west of the existing Greeley City Limits; north of St. Hwy 257 spur and west of the missile site road. LAND USE: N Crop land and old missile storage site E 2 residences,dairy farm S Colorado St Hwy 257 Spur and radio towers W Crop land and St Hwy 257 ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the subject site is from the road leading to the old missile site off of State Highway 257. The southern 1 acre parcel which is proposed for development has a moderate slope to the north. The northern 2.4 acre parcel which is not proposed for development has a more steep slope to the north and has transmission line easements on it. There are no improvements on the subject site. By: ivz.Z,�1�vmi p2Q s R. Mayerl ur ent Planner 841050 ...57 14 7 .1S,F 24141k4 'S AI Fri GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123 October 25 , 1994 Mr . Jim Mayerl , Current Planner Weld County Dept . of Planning Services 915 10th Street Greeley , CO 80631 Dear Jim : The City of Greeley Planning Commission reviewed the recorded exemption requested by Lawrence Hertzke three miles west of Greeley on Colorado 257 Spur ( Section 2 , T5N , R67W) at its October 23 , 1934 , meeting . The Commission recommended no objection to the request with the stipulation that the Highway Department ' s request for the reservation of an additional 35 feet of right-of-way for 257 Spur be provided and that the access to the parcels be from the missle site access road . The finding of no objection is supported by the unusual shape and isolated nature of the property as well as the constraints placed on the north 2 . 242 acres by the electrical transmission line crossings . Thank you for the opportunity to review this request . If you have any questions with regard to this matter , please contact our office . Sincerely, (C!7v'l `, \:C1. l 4 /G Rebecca L. Safarik Community Developmen / Director RLS:vls _ ` E Car 29 1984 Weld Co. Planning Commission 541050 STATE OF COLORADO DIVISION OF HIGHWAYS "AT ° P.O. Box 850 aigtA Greeley, Colorado 80832-0850 (303)353-12328 OF cO. October 22, 1984 Weld Co. , S.H. 257 spur B and H Farms Exemption 1/2 Mi. E. of Jct. S.H. 257 spur and 257 on N. Mr. James R. Mayerl Side Hwy. Department of Planning Services Weld County DOH File 45100 915 10th Street Greeley, Colorado 80631 Dear Mr. Mayerl: We have reviewed the B and H Farms Recorded Exemption and have the following comments: 1. Projected traffic on State Highway 257 spur indicates the need for a 150-foot total right of way, 75 feet each side of the highway centerline. We ask that additional width, to meet this need, be protected by reservation, or preferably, dedication, as permitted by local regulations. 2. Access to the proposed single-family dwelling on Lot A should be obtained from the adjacent 100-foot access road rather than S.H. .257 spur. This existing access road provides reasonable access to this property without the need for an additional direct access to the highway. 3. The new dwelling on this lot should be set back as far as possible away from the highway to minimize the impact of traffic noise. Thank you for the opportunity to review this exemption. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER riZ-0is 7' 1 iam F. Reisbeck WFR:mbc District Pre-Construction Engineer cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson 0CT 24 1984 v Weld Co. Planning enmmission 841050 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE )00,e51 CASE NO. A2E 76 RECORDING FEE ZONING DISTRICT 7 RECEIPT NO. 11;12.S AA fin/ DATE /0 - -3/ APPL. CHECKED BY `{J,( Pel- 1 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 tract of land in the SW-4 of Section 2, Township 5 North, Range 67 West of the 6 P.M. , Weld County, Colorado, containing 3.242 acres more or less. TOTAL ACREAGE: 3.242 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X FEE OWNERS OF PROPERTY: B & H FARMS Name: Lawrence H. 2 rtzke _ Address: 4902 West 12th Street, Greeley, Colorado Phone: 353-0675 Name: Luverne M. Hertzke Address: 1230 43rd Avenue, Greeley, Colorado Phone: 352-3594 Name: Jeanne Boreson Devisee of Edward Boresen Estate Address: 1140 49th Avenue, Greeley, Colorado Phone: 352-3597__ WATER SOURCE: Larger Parcel Dry Smaller Parcel City Greeley TYPE OF SEWER: Larger Parcel NONE Smaller Parcel Septic PROPOSED USE: Larger Parcel Dry pasture Smaller ParcelSingle family home ACREAGE: Larger Parcel 2.242 A Smaller Parcel 1 Acre EXISTING DWELLINGS: (Yes or No) No (Yes or No) No 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 correct to the best of my knowledge. B & H FARMS COUNTY OF WELD ) �_ _/`� �/ STATE OF COLORADO ) v .r t,�e'O&' �/- 1i 4 Sipfiaturre: Owner orh Autho zed Agent SuLscrihed and sworn to before me this 4''7/t day of , 19 7 (SEAL) Y Notary Pu₹di -c,) /U , ,3Y' 3v /�( �G - .,25, 16 My Ctmmission expires: 841050 September 18, 1984 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Recorded Exemption Request #1-2-3 Attached Purpose: The 3.242 acres were severed from the balance of land by the United States #4 Department of Defence when the ICBM Missile site was built back in late 1950's. Since that time it has set as an unusable piece of land. The North 2.242 acres are traversed by two major REA Transmission Line easements, there- fore is unuseable other than existing dry grass land. By letter of agreement (attached) the City of Greeley will provide domestic water to the South 1 acre which we are requesting the recorded exemption on. Also attached is a contract to purchase the entire 3.242 acres when this record exemption is approved. A. the city will not allow additional water taps on the land and the total parcel is restricted to one single family residence. #5 The Weld County Comprehensive plan addresses non productive agriculture lands use can be changed to its highest and best use. This location because of view of the front range and the city water makes its highest and best use a residential home in the A zone. #6 There are two new residences in the 100,000 price range just across the missile site road at the Hertzke Dairy. #7 The permitted use under covenants is for one single family residence which is compatable with the two existing residences. #8 The entire acre to the east is now being annexes by the City of Greeley for planned unit developement which includes high tech, commerical, recreational and residential. #9 See #8 other preposed developement and annexation makes this request compatable with the surrounding area under Greeleys comprehensive plan. #10 Water will be supplied by the City of Greeley, see attached letter. Sewer will be septic tank with future change to city sewer system when constructed. #11 The property is one of the highest points west of Greeley, 4961 feet on USGS map. The Poudre River below is 4730 feet. The property is over 10 miles from any airport and is not located in any geologic hazzard area. #12 All of the above items, in themselves, indicate that the request for a recorded exemption is proper and in the best interest of Weld County's comprehensive plan. We, therefore, respectfully request that the Weld County Planning Department and the Board of Weld County Commissioners approve the requested recorded exemption. B & H FARMS Cordially property owner Weber Realty, Inc. Glenn K. Billings Economic Developement Mgr Representing owners and ECONERGY HOMES INC. purchaser purchaser William Wigham 841050 13 .1029 PLC 0191y5981 05/08/04 12 : 23 $3 . 00 1/001 AR1965981 F 1751 N Y ANN FEUERSTEIN CLERK & :ORDER WELD CO, CO PLAT OF SURVEY ..g.,A- r-> - 3G 39 aaos I f 1 1 ► Q W I \ - I tE ' •\ . ►h ` I 1 , ' Son le : /", ZOO' ` I \ • PL• S/.5/' • :Pins found ° I R'588.88' • :Pins se/ I ... � . 1- - 1 a I 02'17'/2" iQ �" Ch' Z/.50' I �' 8.001/647"E. Ii M I 11----1A: LEGAL DESCRIPTION It A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2. TOWN- IL g 1 SHIP 5 NORTH , RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;COMMENCING AT THE Nil SOUTH QUARTER CORNER OF SAID SECTION 2 AND CONSIDERING THE WEST LINE I N OF THE SOUTHEAST QUARTER OF SAID SECTION 2 TO BEAR NORTH 06° 21' 19" I cI EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: ct, 1 THENCE NORTH 06° 21' 19" EAST, 40.21 FEET TO THE TRUE POINT OF . a I BEGINNING; t W THENCE NORTH 06° 21' 19" EAST, 1718.05 FEET TO A POINT ON THE14EST I 5 RIGHT-OF-WAY LINE OF AN EXISTING ACCESS ROAD; I c THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE AS FOLLOWS: i I a 21.51 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS • I v I oiti 538.88 FEET, CUFNTRAL ANGLE IS 02° 17' 12" AND WHOSE CHORD o i � I BEARS SOUTH 00 ' 16' 47" EAST, 21.50 FEET; V e I I y SOUTH 00° 51' 49" WEST, 1687.65 FEET TO A POINT ON .THE c i I n. NORTH RIGHT'-OF-WAY LINE OF COLORADO STATE HIGrWHT NO. 157 0 d I . I S) SPUR; (SAID RIGHT-OF-WAY LINE IS PARALLEL WITH AND 40 W iit I ■ Q FEET°NORTH OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER) ; rQ - I O THENCE NORTH 89 29' 11" WEST, 164.85 FEET ALONG SAID NORTH RIGHT-OF tin-, 0 I o WAY LINE TO THE TRUE POINT OF BEGINNING; h N SAID TRACT OF LAND CONTAINS 3.242 ACRES , MORE OR LESS AND IS SUBJECT \ I o I i , TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY k1 - - '" INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. ? — k1- in V-o -- � N. SURVEYOR'S CERTIFICATE N 00 h t,%. I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT 1/41 O AND LEGAL DESCRIPTION WERE PREPARED AND THAT THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY PLACED DURING AN ACTUAL AND ACCURATE y SURVEY OF THE LAND COMPLETED ON APRIL 30, 1984. N � ottannutnrnnr�i Iu •5 % %z • of GERALD B. Mc RAE , PROFESSIONAL ENGINEER AND ' 6616 - aLAND SURVEYOR, COLORADO REG; NO. 6616ok J tti So' So' /64.85' ■ 14 2ie.7o' v N89°29'11' South line .3•61 Sec.2 • Sou/h 0unr/er Corner 0'? CoL0. H/?iy. 257 SPUR son.2, 7-•5N,R.67 ii! . 841050 PURPORTED COPY • .frr ,0nc A Rani' /Air. /771 R/h4Inc L:w-/Pv rr/m. soars P,-..: r , . , - WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES WD-7398 STATE OF COLORADO ) COUNTY OF WELD ) The Weld County 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: • SEE ADDED PAGE ATTACHED HERETO CONVEYANCES (if none appear, so state) : Reception No. 1688843 , Book 767 Reception No. 1688844 , Book 767 Reception No. 17.14318 , Book 792 --_ _ 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 Department of Planning Services 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 Weld County Title COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, Weld County Title COMPANY has caused this certificate to be signed by its proper officer this gth day of September , A.D. , 1984 . at 7:00 A.M. o'clock. Weld County Title COMPANY / / By: L - ) AUT IZ D SIGNATURE 841050 S' PAGE (Schedule 1 continued) WD-7398 Policy Number XXXXXXXXXX owners Policy Number XXXXXXXXXX lean A tract of land located in the SEA of Section 2, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado and being more particularly described as follows: Commencing at the Sk corner of said Section 2 and considering the West line of the SEl of said Section 2 to bear North 06°21'19" East with all other bearings contained herein being relative thereto thence North 06°21'19" East, 40.21 feet to the True Point of Beginning; Thence North 06°21' 19" East, 1718.05 feet to a point on the West right-of-way line of an existing access road; Thence Southerly along said West right- of-way line as follows: 21.51 feet along a curve to the right whose radius is 538.88 feet, central angle is 02°17' 12" and whose chord bears South 00°16'47" East, 21.50 feet; South 00°51' 49" West, 1687.65 feet to a point on the North right-of-way line of Colorado State High-way No. 25 spur; (said right-of-way line is parallel with and 40 feet North of the South line of said SEo) ; Thence North 89°29' 11" West, 164.85 feet along said North right-of-way line to the True Point of Beginning. SOP 50 F. 3237-01 'q4M di /0 _ " MAY ,, 9 le ; Re:roden No 1.66.6S43........... ..... SH t tlf iHE _ E as .gamlder. v _ tCnnw all Mtn by throe presents, That I, DORf1T1LY._YARPIL.._ .. ......_. _. . .. _. _.... 14$-whose ve genet adder.it _._ _._-. _..,City et Ton d_ _..... Lucerne. 140 44,'; County of Weld ... and Stated. ..-._...COleradt? `.v `•, y consideration d......._.. -..-- . . _._. __ _. ... .s a{ l of LI --Qther._valuabLe...ctansideration..and.TEN._AND..NO/1.00 .Dom+.. , co :. re BORESEN-HERTZRE FARMS (A-..P Partnership n- o "'1'' 010 •, ._l in hand paid.of ' war andomwsn)to ... er a Ms i z sharing of Edward hloresen, Lawrence N. Hertzke and Laverne M. Hertzke) I i '"^' whose street address is._ Rt...-3. BOX 39 _..._....Cab or Town d Greeley... I a 0 r TY Ni " County of Weld and the Stated.- .fi.QlgLed°, ...the J tT 'l .i following teal property in the County of___., ... Weld..,-._._...-., .,.....ad Stated Colorado, n4 7 to-wit: . tEh, p I { '- ` iI, The S1 of the 5114 of Section 35, Teurnshin 6 North, Range 67 West ro' I of the 6th P.M. r. " , '. . ,--1 ,r "C, ry . la , and ' I IX I All that part of the East Half of Section 2, Township 5 North, Range 67 West of the 6th P.M. , lying North of the following + described line: Beginning at point on the West line of the East Half of said I Section 2 from whence the Southwest corner of said Section 2 bears South 75° 10' West a distance of 2803.4 feet; thence I North 71° 54 ' East 2792.2 feet to a point on the East line of II ° 141 :,,, East Half of said Section 2 from whence the Southeast Corner of said Section 2 bears South 03° 31' West a distance of .* 1659.4 feet more or less Stole Documentary Fee MAY 18 1976 —. r:.._._7.41. -- ti I -. with all its appurtenances and warrant(s)the title to the same,subject t o....the...19.2i.ta7S.e 5_payable II in 1977; reservation of oil, gas, coal and other minerals by °rior H s owners and oil and...gas. leases-granted by prior owners, to easeaents I, described in instruments recorded in Book 1263 at Page 2, in Book 15501 s, at Page 32Q,. inBAat..16.5.4...At..P-age...4.3.9 ....in..Book...640_tu ider...Receptznn..-No. ; 1561955, weld County Records. I. -41114 Signal this. 17th day of __May .. ._. ,A.D. 19.76... u.- Y 1 I :s ����d Doroth Yarnell I' s 44.1 ,1 k,y STATUTORY ACKNOWLEDGMENT W r ". STATE OD COLORADO, y' " ti' Weld �su a» il .i' �` � "_. - County d__.._ ..... ---. . . ._.._...._ - „t I st:`°TAR), The foregoing instrument VMS aehmowledged before me thus a �i, -0-9"0",; ' L2th _.day of - May , 19.76.. . � � 19y Dorothy Yarnell I �L. to - a°. P if G ; Witness my band and official seal., w .~/ << My commission expires .c D..,.!../' i. , c. '"F x .a y der Ctt a . i�'.i. III r `�'�l..,a.�-.:.c..:/�:'-. �-• 'l hqy N6ce,R 1a. iyQ 6 / < K MAY r (SIC q ^r ? Fismroca aK. -.•,-. -_. 0. f>t r 1 s tt[ s tH�t ' —Iteeo.aer. L.-- DOROTHY. YARNELL _.. Enure ail !en bg then instate, That T . Coy or Talon at. LUceCDe ' ' i whose stxaet adds a _. _. -. _.. - - I I + for the County of._. .Weld .......and State of...... Colorado..... - ra consideration of _d TEN a i co valuable nsideration AND NQ ! Other onsideratpn n /104-.._... _.. .. ... _...-. _.... RICK_HEHTE]IE-. .. . .. . -. .__... _. ,,a ' � .o hand Paid.hereby'di(*)and convey(*)to ' ' ._. _._ .City or Town of _._. __.. .w ',. whose ataet adds ia_.... -_....... ... -. c I, ` County of Weld . and tM 8tata of .Colorado __tM : . . in the County ot.— Weld .. _... -. _..and State of Calmed*. I'.O hollowing real property .._..._ Q II to-wit: _... + ,� � All that part of the East Half of Section 2, Township 5 North, Range rt c6 I� 67 West of the 6th P.M. , lying South of the following described lands: ''',4.. l i _ Beginning at a point on the West line of the East Half of said Section 2 from when&e the Southwest corner of said .'' Section 2 bears South 75 10' West a distance of 2803.4 feet; j! thence North 710 54' East 2792.2 feet to a point on the East II line of the East Half of said Section 2 from whence the South- I east Corner of said Section 2 bears South 030 31' West a die- I tance of 1659.4 feet more or less; except a strip of land described in instrument recorded in Book 995 at Page 158, Weld County Records Store Documertary Fee I I Dam MAY 181976 ' iii with all its appuctenanoe and warrant(*)the title to the same,subject to.....the 19Th..t3Xe_g-.Payable II in 1977; reservation of oil, gas, coal and other minerals by prior owners._and oil...and.-gas_.leases._granted..by prior..owners; easements_ described in instruments recorded in Book 1263 at Page 2, in Book 155 at Page_.320-,.._in-Book_.1654.-at-Page- 419, -in- Book-646-under-Reception -No.'I 1561955, Weld County Records. .. . Sigma this 17th day d_.... . ..M,May A.D. 197611 In the Presence of .n�e1�1�....(1�2 . � . ........... ... 1 .ICT `-_/ G. . Dorothy Yarnell STASIITORT ACKNOWLEDGMENT ----' ' +' \► M, . STATE OF COLORADO, • •` •••'� . County d Weld *ZjA RY The foregoing instrument was acknowledged before me this I t ai -0-c. 0,- is 17th day of May _ _. . 1976..., i C Doroth Yarnell - - - . • - 7 Witness my hand and official seal. � ! OF CO- e C5?c T_....I T. My commission expires -,%..7'� .sit + y ,i 1 N Public I k¢waeJ of_ _.- cock ._.' Al MM..,,,_4r L i ,, ,N 0P°44 °44792 as. No . ,1' 431 Men Arn Fin ,,, F. >nfr, r-i WARRENTY DEED /—/ 3 1 ti KNOW ALL MEN BY THESE PRESENTS, THAT flORESEN-HERTERS FARMS, a xw co-partnership whose street address is 4925 Nest 5th Street, Greeley, .� zr `a. 1 Colorado, County of Weld and State of Colorado for the consideration sky ,' ,' of Ten Dollars and other valuable considerations in hand paid, hereby • . i sells and conveys to STEVEN BORESEN whose street address is 2600 64th ' s - ft-1;f, -• Crcclw.r --„ County of Weld and the State of Colorado the following • t t,,,, , real property in the County of Weld and State of Colorado, to wit: :. 4 • a • n The Stj of tie Sek of Section 35, Mswn hip 6 earth, Range 67 West of the .o -P ii n Sixth Principal Meridian and ' .y c! .1 ° All that part of the East Half of Section 2, c. of the Sixth Principal Meridian, lying Perth oi�br e following o line: o Beginning at a point on the West line of the East Half of sa6d Section 2 from p: whenoe the Southwest comer of said Sect,ton 2 bears South 75 10 %bet a 1` ,.: 1' distance of 2803.4 feet; thence North 71 4' East 2792.2 feet to a point on u „,. Li"-4n4 the�t line of East Half of sad Section 2 fava%henna the Southeast Comer :, of Section 2 bears South 03 31' West a distance of 1659.4 feet sore or less. ° ";i with all its appurtenances and wants the title to the same, subject to f ,. reservation of minerals by deed recorded in Book 332 at Page 221, Weld 14 �.., -; County Records; mineral interest if any, created by instruments recorded in Book 1352 at Page 186, Book 1297 at Page 391, and Book 1357 at Page ' " �` 1 ' 183 Weld County Records; Easements and rights of way created by instrument recorded in Book 1263 at Page 2, Book 86 at Page 273, Book k . i , 1550 at Page 320 and Book 1654 at Page 439, in Book 640, Reception No. fi $ , 1561955, in Book 727, Reception No. 1648603, Book 783 under Reception -" ; No. 1704855, and in Book 1654 at Page 439 and any reservations made by -. the U.S.A. in its patents or deeds; and subject to deed of trust for the ' ,n. `1 et :' use of Dorothy Yarnell recorded May 18, 1976 in Book 767 under Reception - `^" No. 1688845 Weld County Records, the obligation of which the grantee assumes and agrees to pay. At' • this 9 day of YYma k , 1977,A. D. " State DocwnentarY he BORESEN-HERT2KE FARMS :w� , t MAR 2 21971 Lr— 1. 66, 22 la Byr r!(��r�V `)S rtner '; ."41?•1.14+ STATUTORY ACKNOWLEDGMENT STA Li3RADo ) '"- Cti Witte I , . - ^i .- foregoing instrument was acknowledged before me this F'-'-' , o " ; r. dsiNewtd tifae /, , 1977 by Lawrence Hertzke as a partner in e " � e1 Boresen-Hertzke Farms, a co-partnership. .,v ' 03- Witness my hand and off ial seal. My commission expires .19 ,9Yd krn rj 4 , L4. . ,,_ i n1/", Y V:751O ci, . - 1 iNotary Public /s a b'. 't City of GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123 Greeley September 7, 1984 Mr. Glenn K. Billings Agent for B R H Farms Weber Realty 3835 West 10th Street Greeley, Colorado 80634-1599 Dear Glenn: Thank you for your letter of August 27, 1984, regarding water service on 3.24 acres of land in Section 2. This is to advise that your request for water service is approved with the following conditions: A. The subdivision of the 3.24 acres into a 1-acre parcel and a 2.24- acre parcel must be legally subdivided by record. B. Water service may not be provided or extended to the 2.24 acres of land to be leased. C. The raw water requirement for the land to be serviced is 3-acre feet per acre. The City of Greeley does not guarantee pressure or volume of water to this property. D. The owner will be responsible for installing and maintaining a pressure system and pump. All other provisions contained in the counter-proposal are satisfactory. Please amend the counter-proposal to include the above items and ensure that the restrictions contained in the counter-proposal are also included in the property deed. Upon receipt of evidence that the property has been legally subdivided by record, a copy of the deed restrictions, raw water in the amount of 3-acre feet per acre and the applicable plant investment fee and tap fee, water service to the property will he installed. I would like to remind you of the tap limitations placed on the existing 6- inch line in my letter of June 27, 1984. If you have any questions or require additional information regarding this matter, please do not hesitate to let me know. ,- Very truly yours, • C. Willi Hargett, Jr. , P.E. Director of Public Works 1050 �^3 / CASE # CO. ATTY . CASE # and APPROVAL TITLES P.C. DEV ./OP. SIGNATURE STANDARDS B.C.C. RECORDING1:XL,53.24a SIGNATURE FEE APPLICANT CONDITIONS SIGNATURE SATISFIED PLANNER'S OK t TO) RECORD (initial) Cross (X) items as completed. Use N/A if not applicable. EAST STEP - PLANNER' S OK 4 RECDF.� EO E E 1 ,DN NO. DATE: SEPTEMBER 19, 1984 SHEET 1 OF 2 OWNER: B & H FARMS I if C/O LAWRENCE HERTZKE e il‘ptl 4902 WEST 12th STREET ` �� GREELEY, CO. 80634 / If LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2 AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2 TO BEAR NORTH 06° 21' 19" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 06° 21' 19" EAST, 40.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 06° 21' 19" EAST, 1718.05 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF AN EXISTING ACCESS ROAD; THENCE SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE AS FOLLOWS: . 21.51 FEET ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 538.88 FEET, CENTRAL ANGLE IS 02° 17' 12" AND WHOSE CHORD BEARS SOUTH 00° 16' 47" EAST, 21.50 FEET; SOUTH 00° 51 ' 49" WEST, 1687.65 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 257 SPUR; (SAID RIGHT-OF-WAY LINE IS PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER); THENCE NORTH 89° 29' 11" WEST, 164.85 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 3.242 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS-OF- WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. OWNER' S CERTIFICATE B & H FARMS BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. B & H FI)MS:e. . � P. . NOTARIAL CERTIFICATE STATE OF COLORADO }ss COUNTY OF WELD THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS. DAY OF kJ{ L,7TH <<' L! , A.D. , 1984 FOR B & H FARMS BY 24 . , r t :: c' t - /7. _ ‘2(J , f `e.' ` 7(z • MY COMMISSION EXPIRES: $6 ^,. WITNESS MY HAND AND SEAL: // / '/ ,...- <(6J/r"( NOTARY' PUBLIC 1 _ SURVEYOR'S CERTIFICATE /)tl,'- /r f ��1. J� J� I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON SEPTEMBER 19, 1984, UNDER MY SUPERVISION, AND TH*0111 r4ME IS CORRECT TO THE BEST OF ry, KNOWLEDGE AND BELIEF. fGERALD B. McRAE, PROFESSIONAL ENGINEER AND LAND. *: 6615 )*g SURVEYOR, COLORADO REGISTRATION NO. 6616 A. f iol�o ...�o0- COUNTY COMMISSIONERS' CERTIFICATE oiit�cF COi aye' THE ACCOM'N ffYING PLAT IS ACCEPTED AND APP OVED FOR FILING. ATTEST: /� �.� ,. .'r/_>> *f -�. COUNTY LERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS BY : DATE: //f 4,6v, .,L . \1. • - *:: • 1 ` 841050 PROJECT NO. 41IGRAE & SHORT, INC. 1227 -8th Avenue Greeley','.utiotedb 80631 g4 D 8 9 . ... . �. v s ,a'v.«...m it I wRECCE NO. SHEET 2 OF 2 }' . 1 I I , I \ \/\ 1 ,4,1tk I \ IZit . 1 ,. I" g I (L. 21.51' R.538.88 41, I �,L. I 4: 02'1772" u I / CEt+ 2/.�' E. 11/45 4 y 0' 100' 200' 300` 400' 14 r'�- 1 i Scaler 1"= 200' 1 • I Pins found 1 a I • , Pins sal l % I it I LU 1 W 35 zits )l • �.G i 4 I W C o fI 1 1 50ksi 1,'l {fi/ r yy t. "; : t i 1 1 b +e" �� r iQ.? �i l I I V '1/4, i • Q `t'; °o) > (.� < , , ., , v Ill v Ih h o nvt�t 6�, k ,O I j<voo� T ? for: i• I o � ti , ( 1� , t I h - - ,i X090 Vi (' .\ ��•-so t` • — t h1 1 �. ��� � l� -O N O 8, . " • c'6 cisZ 0 e \_.. 4960 ` I n e i cot°.257 Pti '19 ti 2 242 Ac. 41 `,ti LOCATION MAP \ J /37.05' SCALE. 1%2000' �' I LI 3k ���JJJ �° — ���' 'eo ! g € r LOT A _- d5• r, 11 2 a ti /.000 Ac. lk Motes: § rn I. Access to Lot A shall be obtained y, N e N lo' so• from the Missile Site Road and _ ) not from Co/c. Hwy. 257 Spur. 4.85' }oir, e ° 2 An add%bona/ 35 feet along the $ 2fe7o "; v south line of LotA shall be N.89°29'll"Kr reserved for future R0.Gf.. for (Lilt . 3•57f. .7 se Co/o. Nwy. 257 Spur. South Quarter corner Coca KwY.25I seat Sea 2, 7:5N,R.G 7/E 3. No residential building permit shall be granted for Co/ 5. ' 841050 PROJECT McRAE & SHORT, INC. 1227-6th Avenus 0reeN 4O9 6'40$y, Colorado 10671 NO. 9 Hello