HomeMy WebLinkAbout800616.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 451 - CARL AND ANITA R.
JOHNSON.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, it has been determined by the Board of County Com-
missioners of Weld County, Colorado, at a public hearing held
on the 23rd day of July, 1980 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of land, as shown on the plat known as Recorded
Exemption No. 451, being the property of Carl and Anita R.
Johnson, described as part of the Southwest Quarter of Section
27 , Township 12 North, Range 62 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as follows :
That portion of the SW4 lying South and West of the
Burlington Northern Railroad of Section 27 ;
that portion of the SE: lying South and West
of the Burlington Northern Railroad of Section
28; and that portion of the NEa of Section
28 lying South and West of the Burlington
Northern Railroad, Township 12 North, Range
62 West of the 6th P.M. , Weld County, Colo-
rado excepting therefrom that portion recorded
in Book 725, under Reception No. 1646609
dated October 11, 1974 . Said described par-
cel of land contains 220 acres , more or less ,
and is subject to any rights-of-way or other
easements as granted or reserved by instru-
ments of record or as now existing on said
described parcel of land.
LOT "A"
Part of the Southwest Quarter (SWq) of Section
27 , Township 12 North, Range 62 West of the
6th P.M. , Weld County, Colorado being more
particularly described as follows :
Beginning at the Southwest corner of said SWa
Section 27 and considering the south line of
the SWa of said Section 27 , as bearing North
89°53 ' 00" East, with all other bearings con-
tained herein relative thereto;
Thence North 89°53 ' 00" East, along said south
line , 2134 . 00 feet;
Thence North 00°07 ' 00" West, 30. 00 feet to the
True Point of Beginning;
Thence continuing North 00°07 ' 00" West, 491. 31
feet;
800616
Thence South 51°33' 25" East, 579. 64 feet;
Thence South 89°53 ' 00" West, 211. 25 feet;
Thence South 00°07 ' 00" East, 130. 00 feet;
Thence South 89°53' 00" West, 211. 25 feet to the
True Point of Beginning.
Said described parcel of land contains 2 . 602
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 described parcel of land.
does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land`" , pursuant to its authority
under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivison Regulations and the
Board desires to exempt this particular division of land from the
definitions of "subdivision" and "subdivided land" pursuant to its
authority under Section 30-28-101 (10) (d) , CRS 1973, as amended,
and Section 2-1A(3) of the Weld County Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabve described
parcel of land owned by Carl and Anita R. Johnson be, and hereby
is, exempt from the definition of the terms "subdivision" and
"subdivided land" pursuant to its authority under Section
30-28-101 (10) (d) , CRS 1973 , as amended.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day of
July, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST: .74 WELD COUNTY COLORADO
Weld Countyclerk and Recorder ` / 4?p�/ (Aye)
and Clerk__ o the Board C. W. Kir CI)girman
(Aye)
By: eonard L. Roe, Pro-Tem
epu y County Clerk //��
APPROVED AS TO FORM: a2, (Aye)
Norman Carlson
(Aye)
County Attorney Lyc'ya Dunbar
ABSENT DATE PRESENTED (Aye)
June K. Steinmark
DATE PRESENTED: JULY 28 , 1980
800616
RECORDED EXEIviPTION Na 0041-27 3- RE 451
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it VI O1T0 & CULVER •n. o•rc«o.,aos LAND SURVEYORS
RECORDED EXENi TION N° 0041 -27- I ,E 451
Legal Description
That portion of the SW4 lying South and West of the Burlington Northern Railroad of
Section 27; that portion of the SEa lying South and West of the Burlington Northern
Railroad of Section 28; and that portion of the NEa of Section 28 lying South and West
of the Burlington Northern Railorad, Township 12 North, Range 62 West of the 6th P.M. ,
Weld County, Colorado excepting therefrom that portion recorded in Book 725, under
Reception No. 1646609 dated October 11,_.19-74. Said described pa_rcei- af7and contains--- -
220 acres, more or less, and is.„subject to any=r'fghts-of-way or other easements as
._ ---
granted or reserved by instruments of record or as-now exsting-on said'describel -.. :
parcel of land.
-
LOT "A
Part of the Southwest Quarter (Si04) of Section 27, Townshi:p._.12..North,_.Range.62.::West
• of the 6th-P M., Weld County, Colorado being m+ore:particularly-described:::as-.follows
Beginning at the Southwest--corner=of said SW1/4 Section 27 and considering :the south
line of .the- SWq--of said Section 27, as bearing North 89°53'00" East, with all -other
bearings contained `herein.:relative=thereto,
Thence North 89°53'00" East, along said south line, 2134.00 feet;
Thence North 00°07'00" West, 30_00 feet to the True Point of Beginning; ar
Thence continuing North 00°07'00" West, 491.31 feet,
Thence South 51'33'25° East,. 579.64 feet, ea,
Thence South.:89°53'00" West,: 211 .25 feet; '7/49/0
Thence South-00°07'00" East, 130.00 feet;
Thence South.a 89°53'00° West, 211.25 feet to the True Point of Beginning.
Said described parcel of land contains 2.602 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 described parcel of land _
Surveyor's Certificate
I hereby certify that this plat was prepared under my supervision; and th °4rlifgp , ,
is correct to the best of my knowledge. ,_ belief. .. ,�f
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Ja ner rees , _ 'LO .E. & N 9 yi
Property Owner's ' , . val �'.�Igl°°...° „:•`#4'
We, Carl A. Johnson and Mta Ruth Johnson, being the sole owners in fee of the°t311'dve
describ d property doJereby subdi tide the same as shown on the attachedd:map.
rl A.eJohnson/Owner Anita::.Ruth Jghn`son/Owne __
IT L. ,
The foregoing certificate on;was acknowledged before me this s,day ,. .. t" ,, ° •
t,
Witness my hand and seal: Qr 4
t'LlkiallA4 -V
My Commission. Expires:: .�" ./479.0
Notary Putt i£ .4 z 'U 4e r 0
•v.;::%Y.$L �Q
P1annln Commission Certificate F 'ti.....=�• 'Q•
Opcoc0
The accompanying plat ii accepted and approved for- filimg. AR: ��YY tit
� Boardman
"'" Board of County Commissioners
ATTEST: County Clerk /
Date• I ..rte%. �1].:•
•
806213
i ,L OTTO & CULVER i Prolessionalcavtion AMINO RS
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
July 21, 1980
Dc
COLORADO wE�o coa�t�.} " .
1964
Jok-
Board of County Commissioners G1tEEi Ey, Gp1.0,
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption number 451
Dear Commissioners:
The attached application, plat, and related items are in reference to a
request from Carl and Anita R. Johnson for a recorded exemption. The
parcel of land on which this request has been made is described as part of
the SWk, Section 27 and part of the NE' and part of the SEA, Section 28,
T12N, R62W of the 6th P.M. Weld County, Colorado. This property is located
adjacent to the southwest edge of the town of Hereford. The property con-
tains approximately 220 acres of nonirrigated soils. The request is to
split the property into parcels of 2.6 acres and 217.4 acres. The Johnsons
wish to convey 21 acres to Ben, Etta and Francis Blake to expand an existing
grain storage site.
Based upon the information submitted and the adopted policies in the County,
the Department of Planning Services Staff recommends the request be approved
for the following reasons:
1. The proposed split conforms with the intent clause of the recorded
exemption procedure (Section 9-2 of the Weld County Subdivision
Regulations) , the intent clause of the Agricultural District
(Section 3.3.A of the Weld County Zoning Resolution) , and the Weld
County Comprehensive Plan since the use would be compatible with
the surrounding agricultural uses. Agricultural production will
remain the predominant land use.
2. The approval of this request would allow for more efficient opera-
tion of the Blake and Johnson farming units.
3. The request complies with the provisions of Section 9-4 (A) of the
Weld County Subdivision Regulations.
Respectfully,
(C "TCa0clw
Vickie Traxler
Assistant Zoning Administrator
VT: rg 800616
APPL"'ATION FOR RECORDED EXEMPT'N
. HONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . QrL 45( APPL . FEE $S.00 _
ZONING DISTRICT p.. RECORDING FEE a o o
DATE p_ 2O- %p RECEIPT NO . Ig ZS9
APPL . CHECKED BY U.T.
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 :
Legal Description
That portion of the SWq lying South and West of the Burlington Northern Railroad of
Section 27; that portion of the SEq lying South and West of the Burlington Northern
Railroad of Section 28; and that portion of the NE4 of Section 28 lying South and West
of the Burlington Northern Railorad, Township 12 North, Range 62 West of the 6th P.M. ,
Weld County, Colorado excepting therefrom that portion recorded in Book 725, under
Reception No. 1646609 dated October 11, 1974. Said described parcel of land contains
220 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 described
parcel of land.
ACREAGE : Lot "A" 2.602 M/L Acres ; Lot " B" ).f .qM/L Acres ; Total M/L
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X
Are there any existing improvements on Lot A? Yes X _ No
Lot B? Yes X No
FEE OWNERS OF PROPERTY :
Name : Carl A. & Anita Ruth Johnson Address Hereford, CO 80732 Phone 996 -D.. (4(0
Name : Address Phone
Name : Address _ Phone
WATER SOURCE FOR: Lot "A" None ; Lot "B" Well
TYPE OF SEWER FOR : Lot "A" None ; Lot " B" Septic
PROPOSED USE FOR: Lot "A" Grain Bin Site Lot "B" Ranch
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 )
ignaty e : Owner or Authori , ed Agent
Subscribed and sworn to before me this j,oz, day of June , 1980 .
SEAL
Notary Public
My Commission expires Sept. 15, 1903
My Commission expires :
510616
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June 6, 1980
Weld County Planning and Zoning
Weld County Colorado
915 10th St.
Greeley, CO 80631
Attn: Chuck Cunliffe, Assistant Zoning Administrator
Re: Request for Recorded Exemption and divisions on certain lands located
in the SE4 of Section 27, T-12N, R-62W, Weld County, Colorado.
Dear Mr. Cunliffe:
In regard to the above mentioned request for a recorded exemption, the
parcel of land lying within the above described land and containing z acre,
more or less, has been used as a grain bin site since the middle 1950's;
at that time the site was leased by the Commodity Credit Corporation from
a previous owner, Mr. Glen Hodgel .
In 1959, the property or ranch containing the 2 acre parcel was sold to
Ben Blake, Etta Blake, and Francis Blake. In 1965, the Commodity Credit
Corporation sold the bins at auction, and a number of these bins were
purchased by the Blakes who continued to use them for grain storage as part
of their wheat farming and ranching operation. In 1979, the Blakes sold
the property containing the bin site to Carl and Anita Johnson; however,
in the sales agreement with the Johnsons , the bin site was retained by the
Blakes and when necessary steps to obtain the recorded exemption were finished;
and when the recorded exemption is completed, the Johnsons would transfer
the bin site back to the Blakes.
However, the Blakes now wish to enlarge the bin site for construction of
additional grain bins to store wheat grown on their wheat farming operations
at Hereford, Colorado. The Johnsons have agreed to convey an additional
two (2) acres, more or less, to the Blakes, making a bin site area of approx-
imately 21/2 acres.
Sincerely yours,
13d2526> ea," 91,-/-n-t/I-th.---
at JUN 1980
RECEIVED ='
tc--, cent! \ t9zjyterfa;
pianaionessisslog cu
1`Irof6% g� 800616
Cetr5/ etc, rotedy
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81,0616
Form CO SS & DE-2
(7-14-76)
UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL STABILIZATION $ CONSERVATION SERVICE
COMMODITY CREDIT CORPORATION
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS , Francis & Ben Blake
of Hereford , County of Weld
State of Colorado (herein called the Debtor , whether
one or more) , have applied to Commodity Credit Corporation (herein
called CCC) , for a loan for the purchase and erection or construc-
tion of the following described items (herein called the Security
Property) :
2-Grain Bins with inside & outside ladders , Bu. Cap . 17,558
each 2-8" x 36 utility augers, 1 motor, roof vents, 1 fan,
perf pipe, erection, concrete pits , freight, tax.
WHEREAS , CCC requires that for such loan to be made (1 ) the
Debtor must give CCC a security interest in said Security Property
and (2) that such security interest shall be superior to any in-
terest in said Security Property which any person may have or ac -
quire by reason of having an interest in the real estate on which
said Security Property is located; and
WHEREAS, said Security Property is located or to be located
on the following described real estate in the County of
Weld , State of Colorado :
SW 27-12-62
NOW, THEREFORE, in consideration of the making of such loan
by CCC , each of the undersigned (whether one or more) hereby (1 )
consents to the granting of a Uniform Commercial Code security in-
terest in said Security Property by the Debtor to CCC to secure
said loan , (2) subordinates to said security interest any and all
liens and interests the undersigned has or may acquire in said
Security Property by reason of said Security Property being or he-
comin fixtures on or a part of said real estate , (3) agrees that
upon eifVute `o'F"De4lttsr CCC may (a) take possession of and remove
said Security Property without notice to the undersigned and with-
out liability to the undersigned for the cost of repair of any
physical injury to or diminution in value of the real estate , and
(b) enforce its security interest against said Security Property
as personalty , and (4) agrees that , if the Security Property is
acquired by CCC through foreclosure or other means , at the option
of CCC and at no expense to CCC such property shall remain on the
above-described real estate for a period not to exceed six (6)
months after the date of acquisition by CCC .
800616
IN WITNESS WHEj2 OF , the undersigned have executed this instr-
I ment this A �
An day of C� g 19
Witiqsa (es)ii.
e%(� ^.
Individu(a//(Jl (C) ner) *
2-fr
•
I ivi ua1 ) (nner) *
If a Corporation:
Name of Corporation (Lienholder)
(Owner ) *
By
Duly Authorized Officer
Title
(CORPORATE SEAL)
*Delete (Lienholder) or (Owner)
STATE OF COLORADO:
ss.
COUNTY OF WELD .
Subscribed and sworn to before me this 20th day of June, 1980.
Notary Public
1MI1 ComJlrtow aping SS 16, 1➢S$
idli#t.3r?
FIELD EC1:
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. ' __ .:G ';L1�3�R : '1 D.= E Ur i1:S5-�C770?d : at 17 1980---- -
REQUEST: Q cog ka. . .
LEGAL DESCRIPTION{: • SW*
1�r�L . e" S , t12&, CAW
LAND USE: N I'�(j� 't( \C In 1 TI Vic;'.
S
ZONING: N �\c_N, T\1.YG ' ---
C \- \ SO S- E v k
LOCATION:eAtv V • IV I"1 Y 6 \ �r�\
•
COMMENTS: `
O+ppat& kp - da. AAhcnrtiL fxu\- gYa\•n cows
Oca nv• 1 \r -VW o Y •2u► Oro an1� lN.r.Ave
O\-Lane Gv\A bA\`0 ,\) ,0 ca. ova . Qtce sse S
‘Sk 1vtia . rn 4\r:\ 1 \ c- t i1.o `I\a La&
o,,. t tai 11 aS, mmt • Ciro v. > C ve e\e- Nan"
Y , ' W\ s a k t. • rtt % `o co.\tcL 1. •
BY: Vv`V W 130Q61
REFERRAL LIST • -
o APPLICANT Carl and Anita Johnson
CASE # RE 451
w 'REFERRALS SENT OUT ON: June 30, 1980
i x 8 REFERRALS TO BE RECEIVED BY: July 11 , 1980
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0 c REFERRALS RECEIVED
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JUL 91M0 County Attorney
JUL 141980 County Health
X JUL 141M0 County Engineer .
j T State Engineer
`�u� . , a Div. of Wate: Resources
Q l, � t%o 1313 Sherman Rm 818
Denver, CO 80203 Sent 7/17/80 CaC
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•.-. RECORDING DATA - MAPS b � A
Recorded Exemption----- .-- --
NAME OF SUBDIVISION —-
Carl A Johnson - Anita Ruth Johnson
NAME OF SUBDIVIDER 12 North, Range 62 West
Part of the-SF13L of Section 27, Township
of the 6th P.M., Weld County, Colorado. �_._^___
I.orATIoN OE SUBDIVISION _�__-- ------ 18 1"7E►
.1111 7 1 1980 BOOK �O RECEPTION N
DATE O F RECORDING -:--------
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BY
DEPUTY COUNTY CLERK & RECORDER
800616
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