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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 NE I/¢ I See 28 r • 2 2B^ f�� u (ter l- sec 2 7 ^O e DE7A/L....eit aft A ITS 5:5'is rf?- - SetnA /.SOD <`ZC LoT .dt Sit ..C 00 , y j y tie sal. 0. S sx 'aa• SE 14 ZQ 3a. -i sz 2r, See:Z8 y ark `'�r,Z, ? '� acs yo 3 LDT B . » r- a c 21.7_398..:S65 e /,*gets q �e . . vF e. .9 LOTS r,•, 20: 9a!iSS • 4.400.• ��r.A-�4 -C a� SASeiHENr ace,. i4._. \ l.LOit Rtt.✓t/Gia60.9 AGPiS •-•iO74 �� NBy'daT'00 E j 2/S4.OG' �� J "'ea1rar enAVArrN¢ in, SwY4 �. S.F eFl'ea-41: !ef ,4, Si dp 2//.es-• SA/Cat...Ca_.17 _.s--e,-27_. . 9• 3.6 .$soe•C7 Joe.-..r- lilt S/.,4f d:.Are. ce 6a/sret o • Antrim's 1 d'sf cn<e_c 6e%'nn -get/441440P Book nth- 6t'ct.,.se Dde fedv2er• surrey asea'eke axes/—y f'rnce Ants l.I s 21 22 23 at•A4 . Ce-ed/SS asr.vsRS .CARL 4. ?rYlt747.;9 Y_:4ffli aef7.... ... in Z ,gszoFDkA.-.COLD.0e0w.32 f. s. 7 26 _ 1 Ef0.4D k , iiiimer co,.eL/94 _. ,a 33 cl'F� 34c. -� • 35 i . - �) • 1 •••. re.74,/=tow' i M/Cnvvr1 414P 806213 RI 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 . !�' ;: L °o o 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 Y- . '.5334 21 -- [329 / 22 5307 L_ / 3 1 �O I Well Well ells ice.. �V Pumping Sta 305 )C:74 I c 7 \ \ / Well I well 1 ., r, Dui. V p28 . I ` /( ' i26 i u \ I � 1 ) A W I, /3 1 1 i. - , F . 1 1 ii ., 1 I . 1 LI: I 2 H. ) / 1911/i / I ' v �� f ( J ( ,, 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 --ieutelece, . - O 9G - ?-eS6y \J••- —1 r 3s ko X33 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: �� — _ . ' __ .: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 H U U c i W 1-4 P, fr CO i m H w i 0 0 CC 0 c REFERRALS RECEIVED r " i x ' 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 • • • I • y 7 • fad Er u:1�: •.-. 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 Hello