HomeMy WebLinkAbout820635.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 555 - RICHARD L. HEIN
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 at a public meeting held in the Chambers of the Board,
that the division into two parcels of land, as shown on the plat
known as Recorded Exemption No. 555, being the property of Richard
L. Hein, described as part of the NZ SEa, Section 11, T2N, R67W
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, 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.
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 Richard L. Hein be, and hereby is, exempt
from the definition of the terms, "subdivision" and "subdivided
land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicant showing evidence of an adequate water
suppply prior to an issuance of a building permit.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
June, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder ( Ii",-. /J i z; ".% s
and Clerk to the Board Jthin . Martin, Chairman
By: '..."-&
- -
Deputy County Clerk huc Carlson, ro-Tem
APPROVED AS TO FORM: (?, ..,O4,----_
C) Norman Carlson
County Attorney C. Kifby I
J K. Steinmark
zfrul
DATE PRESENTED: June 14 , 1982
FLOW SHEET t53-1/4r
CASE 1{ RC---C -5-__ ---5-
COUNTY COMMISSIONERS MEETING DATE: w,d e -l/ I -1 8
APPLICANT: Q 4ard L/ lief 4
REQUEST: R C - /f p / /' '
LEGAL: 'Ill
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1 cnnc �l, Tz/V j /e �i" 71c
LOCATION:__ll �1[e S . .'S W O (' ` P/a4IIIIIQ ON W .L', L, 1.3
DATE BY
Application Received -.7/•-n_
/ Q 60
Application Complete s. kgZ-- 67)Sign Given to Applicant u
Sign To Be Posted By: 4-ig -- _
Letter to Applicant Drafted 3----//g2 /c)
Referrals Listed 3C-/7- ? ��
�����-C1VVV1 ^
Air Photo and Maps Prepared C _\ ^�,rte+ \\ A! ch
Soils Map Prepared \J W,1��
File Assembled
S 14 - 32 w
Letter to Applicant Mailed
Referrals Mailed
Chaindexed
a ‘4 L n-\\
Prop. & Mineral Owners Notified By:
Field Check By DPS Staff ,VI ir Z G D
DPS Recommendation Drafted G„ 7c- p
DPS Recommendation Typed / 7, Ga Cc)
Packets Xeroxed 6 .. 71 )--
CC Action: 10, (AN �A • f l jig
Plat and/or Resolution Recorded C - / 7 _ ;I
History Card Completed / — AC; _ 12,
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Recorded on Maps and/or Filed —^ —83 J ✓✓✓A\
•
3
•
w DEPARTME OF PLANNING SERVICE.
PHONE(303)356-4000 EXT.40'
915 10th STREE
• GREELEY,COLORADO 8063
May 13, 1982
n I:.
COLORADO
Mr. Richard L. Hein
1401 9th Street #169
Fort Lupton, Colorado 80621
Re: Request for a recorded exemption on a parcel of land described as
part of the N1 SEA, Section 11, T2N, R67W of the 6th P.M. , Weld
County, Colorado.
Dear Mr. Hein:
Your application and related materials for the request described above
are complete and in order at the present time. I have scheduled a
meeting with the Board of County Commissioners for Wednesday, June 9,
1982, at 9:30 a.m. This meeting will take place in the County Commis-
sioners' Hearing Room, First Floor, Weld County Centennial Center, 915
10th Street, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Board might
have with respect to your application.
Please be aware that the Department of Planning Services staff will make
a recommendation concerning this application to the Board of County
Commissioners. It is the responsibility of the applicant to contact the
Department of Planning Service's office a few days before the date of
the Commissioner's hearing to obtain that recommendation
If you have any questions concerning this matter, please feel free to
contact me.
Res ectfully,
Greg Oxe eld
Planner
GO:rg
cc: Burl Van Buskirk, Sears and Associates, 140 Denver Avenue, Fort Lupton,
Colorado 80621
DEPAR I MEN i OF PLANNING SERVICES
PHONE (303) 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
June 9, 1982
11111DC.
COLORADO
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #555
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Richard L. Hein for a recorded exemption. The parcel of
land on which this request is being made is described as part of the
N1 SE4, Section 11, T2N, R67W of the 6th P.M. , Weld County, Colorado.
The property is located approximately four (4) miles southwest of
Platteville on Weld County Road 23. The property contains approximatley
78.564 acres of Class II, III and IV irrigated soils annd Class IV and VI
nonirrigated soils.
The request is to divide the property into parcels of 74.891 acres and
3.673 acres, more or less. The applicant lives in the Fort Lupton area
and would like to sell the existing improvements on the 3.073 acres
to get out of the rental business and to use the money from the sale
to help his farming operation. The applicant plans to continue farming
the remaining 74.891 acres.
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 9-2 C. of the Weld County
Subdivision Regulation submission requirements.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
The 78.564 acres, more or less, under consideration will
allow agricultural and related uses to be the predominant
uses. The uses will be compatible with existing surrounding
agricultural uses. These facts support the proposal as
being consistent with the intent clause of the agricultural
zome district.
e°,0635
Board of County Commissioners
June 9, 1982
Page 2
- The proposal is in compliance with Section 1-3 of the Weld
County Subdivision Regulations and the proposed land divi-
sion complies with the Weld County Comprehensive plan;
therefore, the proposed use is not inconsistent with
efficient and orderly development.
- The proposal does not exist in an overlay district area.
- The office of the State Engineer has indicated in a letter
dated May 25, 1982, that a permit application for a well on
the larger tract would be evaluated according to statutes
and policies in effect at the time an application is sumbitted.
- The proposed lots are not part of a recorded exemption within
the last five (5) years.
- The two (2) proposed lots will have adequate access from
Weld County Road 23.
- The Weld County Health Department has indicated in a letter
dated May 17, 1982, that both lots have adequate sewage
capacity.
Respectfully.
61)&4
Greg Oxenfeld/
Planner
GO:rg
PHONES
-2930
^cRT LUPTON
DENVER METRO D29-0432
GREELEY AREA 785-2291
J.L.
SEARS & ASSOCIATES
REALTOR
FOOT LUPTON,COLORADO 80621
dO DENVER AVENUE
BURL VAN BUSKIRK
SALES REPRESENTATIVE
RESIDENCE PHONE 857-4493
r0635
FIELD CHECK
FILING NUMBER: RE-555 DATE OF INSPECTION: June 4, 1982
NAME: Richard Hein
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the N1 SEA, Section 11, T2N, R67W of the 6th P.M.
LAND USE: N Farmland
E Farmland
S Farmland
W Farmland
ZONING: N Agricultural
LOCATION: Four (4) miles southwest of the E Agricultural
town of Platteville S Agricultural
W Agricultural
COMMENTS:
The set of improvements consist of one (1) house and two (2) outbuildings. The
remainder of the property is irrigated farmland with the Lupton Bottom Ditch running
through the middle of the property. The slpe of the property is to the west.
BY: C a``4LL(�
:a?
Greg Oxeyeld, Tanner
GO:rg
P?0635
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : - - /213Z/
APPL . FEE_ �' ,
oo
CASE NO . RC 55.5"
- - --_ RECORDING FEE f6,0e) (-12A
ZONING DISTRICT - RECEIPT NO .
DATE // - __--- APPL . CHECKED BY CC
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 :
TOTAL ACREAGE : 78.564__-----__- ----- --.---- 74.891 & 3.673
Has this property been divided from or had divided from it any
other property since August 30 , 1972? Yes No x
T
FEE OWNERS OF PROPERTY :
Name : Richard L. Hein - -- _ - .._.._--.-.._ - - -
Address : _1401 9th Street #169 Fort__Lu_ptona__CO $O6 Phone
_857-687 ..__
Name :
Address : _ -- -- - Phone :
Name :
Address :_... _ — - - --- _-- - — -- Phone :
WATER SOURCE : Larger Parcel _-None..___ Smaller Parcel Well
TYPE OF SEWER : Larger Parcel _ None_ Smaller Parcel Septic
PROPOSED USE : Larger Parcel _ Agricultural Smaller Parcel Res. Aqric. Acreage
ACREAGE : Larger Parcel 74.891 Smaller Parcel 3.673
EXISTING DWELLINGS : ( Yes or No ) No ( Yes or No ) Yes
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 .
COUNTY OF WELD
STATE OF COLORADO ) •
_ W!AA" / ///e44A-
Signature : Owner or Authorized Agent
Subscribed aid sworn to b fore me this
192 . r, a day of
rsEAL )
Notary b — -..
c.� - 3a - $ (/
My Commission expires
•
F70635 )\
LEGAL DESCRIPTION LOT A:
A part of the North one-half Southeast one-quarter Section 11,
Township 2 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, described as; Beginning at the Northeast corner of said
Southeast one-quarter; thence 500°00' 00"E on an assumed bearing
along the East line of said Southeast one-quarter a distance of
627 .00 feet to the TRUE POINT OF BEGINNING; thence continuing
SOO°00 ' 00"E along said East line -a distance of 400.00 feet; thence
590°00' OOW perpendicular to said East line a distance of 400.00
feet; thence N00°00'00"W parallel to said East line a distance of
400 .00 feet; thence N90°00' 00"E on a line perpendicular to said
East line a distance of 400.00 feet to the TRUE POINT OF BEGINNING.
Contains: 3.673 Acres More or less.
B-1 The purpose and nature of request:
Mr. Richard L. Hein is a farmer in the Fort Lupton area and owns
this 80 acre farm which has an older set of improvements on it that
he rents out. (He lives in Fort Lupton. )
Mr. Hein would like to continue farming the farm but wants to sell off
the improvements to get out of the rental business. He doesn' t like
being a landlord. He also could use the money from the sale to help
his farming operation.
B-2 This proposal is believed to be consistant with the Weld County Comprehensive
Plan in that it does not create any new residences in a rural area, it
just changes the ownership of the improvements. There are no plans to
build any additional improvements on the farm.
B-3&4 The portion to be split off is 3.673 acres which will make a nice rural
acreage for a small agricultural operation which is consistant with all
adjoining properties.
B-5 The zoning on the split-off property is to remain agricultural with no
change from the present use.
B-6 Since the property is located in an agricultural area with no development
going on, it shall not be inconsistant with efficient and orderly development.
B-7 This application is believed to comply with the Weld County Zoning
Ordinance. The property is not believed to be in an overlay district.
B-8 A photo copy of the Warranty Deed transferring title to Mr. Hein in
1975 ie enclosed.
en0635
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REFERRAL LIST
APPLICANT: Richard Hein CASE NUMBER: RE-555
SENT REFERRALS OUT: May 14, 1982 REFERRALS TO BE RECEIVED BY June 2, 1982
m m
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County Attorney (plat only) y Lupton-Bottom Ditch Company
c/o Roy Miller, President
\ Weld County Health Department 9040 Highway 66
XX Platteville, Colorado 80651
Engineering Department 785-2315
X XX
— County Extension Agent
Colorado Geological Survey
1313 Sherman Street
_
Room 703
Denver, Colorado 80203
Colorado Water Conservation
Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
� State Engineer
XX 1Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
e20635
•
DEPARTMENT OF PLANNING SERVICE
PHONE (303) 3564000 EXT. 4
915 10TH STREE
GREELEY,COLORADO 806::
May 13, 1982
Gi CASE NUMBER RE-555
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Richard L. Hein
for a recorded exemption •
The parcel of land is described as part of the NI SE4, Section 11, T2N,
R67W of the 6th P.M. , Weld County, Colorado
The location of the parcel of land for which this application has been
submitted is 4 miles southwest of Platteville
This application is submitted to your office for review and recommenda-
tions. Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 14 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 14 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by June 2, 1982 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1. We have reviewed the proposal and find no conflicts with our
interests .
2. A formal recommendation is under consideration and will be
submitted to you prior to
3 . Please refer to the enclosed letter.
Signed Agency Date
Greg Oxe , Pla er
GO:rg
•
RICHARD D. LAMM iFe O` JERIS A. DANIELSON
Governor �`�' State Engineer NE Nu"41876�
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
May 25, 1982
Mr. Greg Oxenfeld
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Hein Exemption, RE-555
Dear Mr. Oxenfeld:
We have received the above referenced exemption proposal. The applica-
tion would split 3.673 acres with improvements from a larger agricultural
tract. The remaining 74.891 acres would remain agricultural. We do not
know if a residence would be allowed on the larger tract or if a domestic
well would be required. A previous exemption from this property is shown
on the plat, but no information is provided.
Since this proposal involves the sale of existing improvements that
are currently being rented, we assume that a well already exists to serve
the property. If a well is available for the 3.673 acre residential tract
and a new well permit is not being sought, we have no objection to this pro-
posal. If required, a domestic well may be available for the larger tract
pursuant to CRS 1973, 37-92-602(3) (b) (II) ; however, this review will not
guarantee the availability of such a well. A permit application for a well
on the larger tract would be evaluated according to statutes and policies in
effect at the time the application is submitted.
Sincerely,
aDe 4
H . S m son, P.E.
Assistant State Engineer
HDS/KCK:mvf
cc: Jim Clark, Div. Eng. ��� ��
Bob Bossen [, -
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Dewayne Schroeder � �� „ U L , I
ckmo1 U ficliil.jun
LEGAL DESCRIF 1 IONS\ J\VaSC'-
C A S E NO.
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72
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SOIL CLASSIFICATION
OLD N0. NEW NO. IRRIGATED NON - IRRIGATED
Lcs
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R2OC35 \r
Ws-n-
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that is 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:
The North one-half Mk) of the Southeast one-quarter (SEA) of
Section Eleven (11) , Township Two (2) North, of Range Sixty-Seven
(67) West of the 6th P.M. , Weld County, Colorado, EXCEPT, that
portion deeded to Simon Vonfeldt as recorded in book 1419, page 140,
in April, 1955, Weld County Records, being described as: that part
of said North one-half Of the Southeast one-quarter of Section 11,
Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado
more particularly described as follows: BEGINNING at a point
204.00 feet South of the Northeast corner of the Southeast one-
quarter of said Section Eleven (11) ; thence West 331.00 feet; thence
South 189.00 feet: thence East 331.00 feet: thence North 189.00
feet to the point of BEGINNING. - •• a
CONVEYANCES ( if none appear , so state ) :
Reception No . 1708428 , Book 786
Reception No . _ , Book
Reception No . , Book
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
TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to
the fee paid for this Certificate .
In Witness Whereof , TRANSAMERICA TITLE INSURANCE COMPANY
has caused this certificate to be signed by its proper officer this
4th day of Maw A . D . , 1982 at 7 : 45
o ' clock .
TRANSAMERICA TITLE INSURANCE COMPAN4
COMPANY•
( At
SIGIATURE
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RECORDED EXEMPTION NO.
Ins
N
NE Corner sgva, I
Center Sec.II. 284O' a (E I/4 Corner),
Sec. I I,T2N,RATA(
S
511.00
10400 O
a EXCEPTED y0
• 1.475 Acre* 'VD
501.00 I jPp
$11.00 LOT B NY0000.00"E x'11
NContains: 74.891 Acres 270.00
"_' more or less. ' L,�
1 g LOT A g 3,
rain:3.873 Acne*
370.00
ss0roo'DD'W—+oao
II r
It.
N
tSW Corner N I/2, 26401• SE Corner NI/2
SE I/4, Sec. II. I SE I/4,Sec.II.
a I
Igit
I
SCALE: 111=4001 v LOT A = 3.673 Acres*
LOT B =74.891 Acres is
TOTAL =78.564 Acres=
--Section Corner �p
r —Steel Pin Set d�7
RICHARD L. HEIN
1401-9TH ST. *169
169
FORT LUPTON, CO. 80621
3 2
z ROAD 24 •
n
I • „ ALPHA ENGINEERING
I P.O. BOX 392
• �- FT. LUPTON, CO. 80621
10 __ J.•:47. F 2
o
LOT DATE: FEBRUARY 25, 1982
'i I
t Francis Cemetery
497 .,3 ROAD 22._. 4
5003y
15 / 14 13 1
LOCATION MAP SCALE:I":2OOO' N Sheet I of 2 .
F°',U635
RECORDED EXEMPTION NO. 1311- 11-4 - RE • 555
In I
0,
NE Corner SEV4,
4Center Sec.II. 2640' a lE I/4 Corner),
Sec. I I,T2N,R67 W
ks
s'1oo
'0100 •pe !
EXCEPTED
1.436 Acme I-1 I
'01.00 I 1111 pO8p
111.00 i
LOT B «90^aOa00 o
N Contains: 74.891 Acres 3'aca
more or less. s s LOT A '°'
Cantolns; 1g ---so'
2 .gY 3.673 Aces
570.00 1
ssoroo'oo'1—eono
Il I Ur
"SW Corner N 1/2, 2640se SE Corner NV2
SE I/4, Sec. II. I SE I/4,Sec.II. I
ICI°
I
O
SCALE: 1%4001 v LOT A = 3.673 Acres*
LOT B =74.891 Acres *
TOTAL =78.564 Acres t
-
—4--Section Corner �T
r —Steel Pin Set 1�7
RICHARD L. HEIN
1401-9TH ST.*169
FORT LUPTON, CO. 80621
9
3 2 I
..J 140110 24 4
.874
3
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1 „ ALPHA ENGINEERING
I P.O. BOX 392
a. I
FT. LUPTON, CO. 80621
,...__/-
`O DATE: FEBRUARY 25, 1982
�
Francis C.nselery� \ 1,
..
49 ' 20 22 4
so7 ,--., 0
15 14 13 t
LOCATION MAP SCALE:1%•20001 N Sheet 1 of 2 .
8°0635
RECORDED EXEhn"TION NO. 1311 -I I-4-RE•555
LEGAL DESCRIPTION;
The North one-half (N1) of the Southeast one-quarter (SE;) of
Section Eleven (11) , Township Two (2) North, of Range Sixty-Seven
(67) West of the 6th P.M. , Weld County, Colorado, EXCEPT, that
portion deeded to Simon Vonfeldt as recorded in book 1419, page 140,
in April, 1955, Weld County Records, being described as : that part
of said North one-half of the Southeast one-quarter of Section 11,
Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado
more particularly described as follows: BEGINNING at a point
204.00 feet South of the Northeast corner of the Southeast one-
quarter of ,said Section Eleven (11) ; thence West 331.00 feet; thence
South 189.00 feet; thence East 331.00 feet; thence North 189.00
feet to the point of BEGINNING. Contains : 1.436 Acres more or less.
Balance of N1 SE' after Exception contains: 78.564 Acres more or
less.
LEGAL DESCRIPTION LOT A;
A part of the North one-half Southeast one-quarter Section 11,
Township 2 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, described as: Beginnigg at the Northeast corner of said
Southeast one-quarter; thence SOO°00'00"E on an assumed bearing
along the East line of said Southeast one-quarter a distance of
627.00 feet to the TRUE POINT OF BEGINNING; thence continuing
SOO°00 '00"E along said East line a distance of 400.00 feet;. thence
S90°00'OOW perpendicular to said East line a distance of 400.00
feet; thence NOO°00'00"W parallel to said East line a distance of
400.00 feet; thence N90°00' 00"E on a line perpendicular to said
East line a distance of 400.00 feet to the TRUE POINT OF BEGINNING.
Contains: 3.673 Acres More or less.
,'.o°°" !p0 ..
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SURVEYORS CERTIFICATE: / 0
k. 4
I hereby certify that this plat was prepared under my O.
1 *and that the same is correct to the best of my 0$$ 1 ,
al
knowledge and belief. C Z' 1 ,
Cecil R. Crowe P.E. & L.S. 12330 all 1\�'�
PROPERTY OWNERS APPROVAL:
I, Richard L. Hein, being the sole owner in fee of the above
described property do hereb subdivide same wn on the
attached map. sees/
Richard L. Hein
The foregoing certification was acknowledged before me this
day of A.D. , 19
My Commission Expires:
Notary Public:
Witness my hand and seal.
COMMISSIONER' S CERTIFICATE:
The accompanying plat is accepted and approved for filing.iC irman of the oard of �County 61,44,4-4401.24-6;,
�� Commissioners
-�
ATTE rj y Clerk -//^x w►w Q.i ttf/IQ4fy./
Mcf.yetzsa ft-h 17. e.
Ti r
30r/ DATE' �L,•.be1 J / f f in
SHEET 2 OF 2
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