HomeMy WebLinkAbout20002690.tiff Recorded of --r--t- e* ..n Rook __ Roue __
2423802 H-1477 P-61 01/23/95 03:43P PG 1 OF 1 REC IXx
)We ld. County CO Clerk & Recorder 5.00
AH2923802
•
Quit Claim Deed "
THIS DEED Is a conveyance from the individual(s),corporation(s;or other entity(ies)named below as GRANTOR u
the individuals)or entlty(les)named below as GRANTEE of whatever interest the GRANTOR may have it the teal
property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property descdaed below with all its
appurtenances.
The specific terms of this deed are:
Grantor: tow.n.m.ut ad Ouzels)a rename v in.'pound me o.n.rgr. e,kuto^.Waw.o..d nub..e h,n a"rpm.dmut,sat...,
snags ua v..l
Carolyn Hamm Tucher, individually and as a limited partner of
JCK Farm, Ltd. , of 4264 Manuela Way, Palo Alto, CA 94306
Grantee: KIN*n.men)one.ddr..tea.n.bm,iaadding,nevano^'a.m seed a.N..I number.*legated)
Katharine Hamm Oliver, 4250 West 16th Street, Unit 46,
Greeley, CO 80634
Form of Co-Ownershlp: Iinhae on i.e a more gram..s named,may«e be....inn'Id tn...l....d amens.she.,th..m...i.11mmR
.see a to.more meaning me added m the.paw beb.l
Property Descrlptlon: (ibewd.aam,.d.i.w) Weld County, Colorado
The Southeast one-quarter of Section 5, Township 2 North, Range
68 West of the 6th P.M. , and the Southwest one-quarter cf
Section 4, Township 2 North, Range 68 West of the 6th P.M. ,
except those portions thereof conveyed by deed dated October 21 ,
1922, recorded October 23, 1922 in Book 687 at Page 171 , by
deed dated March 25, 1970 recorded April 3, 1970, :.n Book 623,
Reception #1544823 and by deed dated January 14, 1994, recorded
January 21 , 1994 Book 1423, Reception #02370300 and except the
mineral interests in the Southwelst one-quarter of Section 4
4 lying east of Weld County Road 5Z.
R Property Address:
g
ZReservations-Restrictions: tt me GRANTOP nisnennewn say...... hapiapem« ritY so trw.hu ala.ad in.
iMNTO0 h..nue*.Ise GPANTEE's rights a the pepMy.mei..asopW atv..iw
a
2
n executed by the Qantas of Tt t 1 y I1-1 _, .1e 3L_ vsnotue ciu.e o,tndhictuc tn:
slpaturs aquae to capaallon,Poanwwtlp Of Association:
ri bp-roc ,llrn4i - i.,u I!Er a Nameol G,mtor: Cotp«ohoo.Partnership a Association Caroly Hamm Tucher, indivi dell
and as a limited partner of
By JCK Farm, Ltd. ',onrot
By Gran lot
Anew:
•
STATE OF COLORADO )
C2UN1V Of WELD ) ss.
;....."imb.aa+5 bourns w x.road.aw bolos me Iris 1tA‘t' dwa July .Ip 94
4 ' Carolyn�� � Hamm Tucher, individually and as a limited partner of
.\wltrletEa m/�,_jeLatd. 1 -
Mr daarMAllen palm:nit)
\U! `CI C1 1 �) •
.,.an Pit.al
OF `Y.1 ( l�Y _. 1.4./ Cis a\a II = 'N)- .T�{ .�
hP COUNTY Of SS.
Nap,,same
Ds lnalo*p nbunerd a amass .d twee.in.It Rao Ip
Or
Cling flt4.S Gvea4)or Yap-soh CapaMon.Polwrp a Nacigb.thenlrlentir done,.aP*lard at to pulsar ma....toy a oolnm
lea.lw el Calpaake.CO os t.'0)a o adrlad m.mtetlna aaaoem.l
WitNE4 my hand and&Bald)seal.
My conmladon nom.: ----
Nereiy Public
2003-2690
GLEN DROEGEMUELLER, P.C.
ATTORNEY AT LAW
822 SEVENTH STREET•SUITE 350•GREELEY,COLORADO 80631 •(970)353-9599•FAX(970)353-9597
May 24, 2000
Hand Delivered
Anne Best Johnson
Department of Planning Services
Weld County
1555 N. 17th Avenue
Greeley, CO 80631
Dear Ms. Johnson:
Your letter of May 12, 2000 to Jennifer Torrey regarding Meadow Vale Farm Phase II PUD
has been provided to me for response. It is my understanding the Clerk to the Board will not set up
the case for Board Hearing until a Deed describing the property owner's interest in the land is
provided. Enclosed is a photocopy of a Quit Claim Deed recorded on January 23, 1995 which
indicates that Katharine Hamm Oliver is the owner of the Southwest Quarter of Section 4, Township
2 North, Range 68 West of the 6th P.M. Both my client and I feel some additional explanation of the
Deed will avoid any additional suspicion by Weld County that Mrs. Oliver is not the owner of the
property.
In December of 1983, Mrs. Oliver along with other members of her family formed a limited
partnership known as JCK Farm, LTD. The members of the limited partnership included Richard E.
Hamm,Emma Alice Hamm, Carolyn Hamm Tucher in addition to Mrs. Oliver. In October of 1988,
Richard E. Hamm died and his interest was transferred to his wife, Emma Alice Hamrn. In 1990
Emma Alice Hamm gifted her partnership interest to her two daughters, Carolyn Hamm 'Tucher and
Katharine Hamm Oliver. In 1995 Katharine Hamm Oliver purchased her sister's interest in the
partnership and became the only remaining member of the limited partnership. The Quit Claim Deed
recorded on January 23, 1995, enclosed with this cover letter, represents the transfer of the ownership
interest of Carolyn Hamm Tucher to Katharine Hamm Oliver and is the evidence of Katharine Kamm
Oliver's ownership of the property. I am also enclosing a photocopy of a Deed dated December 29,
1983 which shows the original transfer by Mrs. Oliver and her family to the limited partnership known
as JCK Farm, LTD.
As you are aware the property in question is divided by Weld County Road 5 '/3. The
property line west of Weld County Road 5 '/ has previously been subdivided and is known as the
Meadow Vale Farm. Copies of those Deeds have not been included because it is not relevant to the
remaining property which lies east of Weld County Road 5 '/3. The remaining 44.42 acres which has
been submitted as the Meadow Vale Farm Phase II PUD is the only remaining property that Mrs.
Oliver owns in the Southwest Quarter of Section 4, Township 2 North, Range 68 West.
I believe this letter of explanation in addition to the Deeds should be sufficient to allow Weld
County to complete the processing of the Change of Zone Application. Please notify Mrs. Oliver by
mail at her address, which is 2385 Homestead Place, Longmont, CO 80504, when the matter will be
set for hearing before the Board of Commissioners. If additional issues need to be resolved, please
contact me immediately.
Sincerely yours,
Glen Droegemueller
CiD:dh
Enclosures
COMMITMENT FOR TITLE INSURANCE
• * * * *
SCHEDULE A
1. Effective Date: AUGUST 23, 2000 @ 7 :00 A.M. RE: Our Order No. : CT5525L
2 . Policy or Policies to be issued:
A. ALTA Owner' s Policy Amount $
Proposed Insured:
H. ALTA Loan Policy Amount $
Proposed Insured:
C. ALTA Loan Policy Amount $
Proposed Insured:
3 . The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple, and title thereto is
at the effective date hereof vested in:
KATHARINE H. OLIVER
4 , The land referred to in this Commitment is described as follows:
"SEE SCHEDULE A CONTINUED"
- 1 -
COMMITMENT FOR TITLE INSURANCE
* * * *
SCHEDULE A "CONTINUED"
PE: Our Order No. : CT55256
A parcel of land being part of First Filing Meadow Vale Farm PUD (FFMVFPUD) as
recorded October 23, 1996 in Book 1573 as Reception No. 2517104 of the records
of the Weld County Clerk and Recorder (WCCR) , part of Meadow Vale Farm PUD
Second Filing (MVFPUDSF) as recorded May 12, 1997 in Book 1605 as Reception
No. 2547525 of the records of the WCCR, and part of the SW 1/4 of Section 4,
Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being
more particularly described as follows:
Beginning at the SW Corner of said Section 4 and assuming the West line of
said SW 1/4 as bearing North 01°05 '42" East, 2671 .46 feet with all other
bearings contained herein relative thereto;
Thence North 0105 '42" East along said West line, 238.40 feet to a paint on
the Northerly right-of-way (ROW) line of State Highway #119 (SH#119) , said
point being a point on a curve (POC) , the aforesaid line being non-tangent tc
said curve;
Thence along the Northerly ROW line of said SH#119 by the following tnree (3)
courses and distances:
1) Along the arc of a curve which is concave to the Nor°th, an arc distance of
572.20 feet, whose radius is 11310 .00 feet, delta is 0253 '55" , and wnose long
chord bears South 86°35 ' 11" East, 572 . 14 feet;
2) North 68°26 '34" East along a line non-tangent to the aforesaid curve ,
111.20 feet;
3) South 68°30 '54" East, 2.02 feet to the Southwest Corner of said FFMVFPUD
and being a point on the Northwesterly ROW line of the existing Weld County
Road #5.5 (WCR#5.5) , said point being the True Point of Beginning;
Thence along said Northerly ROW line of the existing WCR#5.5 by the following
two (2) courses and distances:
1) North 65°20' 23" East, 355.75 feet to a Point of Curvature (PC) ;
2) Along the arc of a curve which is concave to the Northwest , an arc
r distance of 264 .56 feet, whoseradius is 547 .74 feet, delta is 27°40 ' 28", and
whose long chord bears North 51°30 '09" East, 262 . 00 feet to a POC, the
aforesaid curve being non-tangent to said surve;
Thence along the arc of a curve which is concave to the East, an arc distance
of 161 .04 feet, whose radius is 1100 .00 feet, delta is 08°23 ' 18", and whose
long chord bears South 14°55' 12" West, 160 . 90 feet to POC and being tne
Southeasterly ROW line of the existing WCR#5 .5, and being the Southeasterly
line of said FFMVFPUD, the aforesaid curve being non-tangent to said curve;
Thence along the Southeasterly line of said FFMVFPUD, a portion of the
Southeasterly line of said MVFPUDSF, and the Southeasterly and Easterly 1Lne
of the ROW of said WCR#5 .5 by the following six 6) courses and distances .
1) Along the arc of a curve which is concave to the Northwest, an arc
distance of 265 .01 feet, whose radius is 627 .74 feet, delta is 24°11 ' 18" , and
whose long chord bears North 39°14 '40" East, 263 . 05 feet to the point of
tangency (PT2);
2) North 27 09 ' 01" East, 568.83 feet to a PC;
3) Along the arc of a curve which is concave to the Southeast, an arc
distance of 323 .15 feet, whose radius is 500 . 00 feet, delta is 37°01 ' 49" , and
CONTINUED NEXT PAC :
SCHEDULE A CONTINUE
-
PACE TWC
CT552
whose long chord bears North 45°39'55" East, 317. 56 feet to the PT;
4) North 64°10 '50" East, 338 .31 feet to a PC;
5) Along the arc of a curve which is concave to the Northwest, an° arc
r distance of 668 .36 feet, whoseradius is 600 .00 feet, delta is 5349 '25" , and
whose long chord bears North 32°16 '07" East, 634 . 34 feet to the PT;
6) North 00°21'25" East, 681.90 feet to the North line of said SW 1/4;
Thence North 89°21'48" East along said North line, 238 .74 feet to the
Northeast Corner of said SW 1/4;
Thence South 00°37'38" West along the East line of said SW 1/4, 2521 . 00 feet
to the Northerly ROW line of said SH#119;
Thence along said Northerly ROW line by the following four (4) 2ourses anc
distances:
1) South 88°52 ' 06" West, 1209.29 feet;
2) North 87°08' 05" West, 282 .27 feet;
3) South 89°39'20" West, 313 .48 feet;
4) North 68°30 '54" West, 208 .67 feet to the True Point of Beginning.
COMMITMENT F O R TITLEINSURANCE
* * * * *
SCHEDULE B
Section 2
RE: Our Order No. : CT55255
EXCEPTIONS:
Schedule B of the policy or policies to be issued will contain exceptions tc the
following matters unless the same are disposed of to the 'satisfaction of the Compa ry:
(a) Defects, liens, encumbrances, adverse claims, or other matters, if any, creates,
first appearing in the public records or attaching subsequent to the effective data
hereof but prior to the date the proposed Insured acquires of record for value the
estate or interest or mortgage thereon covered by this Commitment; (b) Standard ani
Special Exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records .
3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and dry
facts which a correct survey and inspection of the premises would disclose aol wh :h
are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or herea :er
furnished, imposed by law and not shown by the public records .
5 . Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6. Taxes for the year 2000, a lien, but not yet due or payable.
*****NOTE: Please see Requirement Item b, Schedule A, Section 1.
7. Each and every right of access to and from State Highway No. 119, said access righ:s
having been conveyed to the State Department of Highways by Deed recorded APRIL 3
1970 in BOOK 623 as Reception No. 1544824 .
8 . Right of way for pipeline and incidental purposes as granted to Panhandle Eastern 'ipe
Line Company by instrument recorded September 4, 1980 in Book 913 as Reception No
1835052, said right of way not being specifically defined.
9. Right-of-way easement and Agreement for sanitary sewer line and incidental purpose; As
granted to St. Vrain Sanitation District by instrument recorded April 10, 1987 in 3ook
1152 as Reception No. 2095353, said right-of-way easement being more particularly
described in said instrument .
10 . Reservation as contained in Patent recorded December 27, 1877 in Book 20 at page 30 ,
said reservation being as follows:
CONTINUEL NEX1 PAGE
3 -
5-2 CONi IVIED
C 5236
a. Right of the proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises .
(Affects the E1/2 SW1/4 Section 4)
11. Reservation as contained in Patent recorded December 2, 1880 in Book 20 at Page 2El,
said reservation being as follows :
a. Right of the proprietor of a vein or lode to extract and remove his ore there` rom
should the same be found to penetrate or intersect the premises.
(Affects the W1/2 SW1/4 Section 4)
12 . Rights of way for road and incidental purposes as granted to the County of Weld by
instrument recorded January 28, 1884 in Book 43 at Page 58, said rights of way be- 19
more particularly described in said instrument .
13 . Right of way for telephone and telegraph line and incidental purposes as granted e. )
the Mountain States Telephone and Telegraph Co. by instrument recorded May 193(! in
Book 894 at Page 387, said right of way not being specifically defined
14 . Right of way for telephone and telegraph line and incidental purposes as granted t )
the Mountain States Telephone and Telegraph Co. by instrument recorded March 29, ) )3E
in Book 975 at Page 353, said right of way not being specifically defined.
15 . Right-of-way easement and Agreement for electrical facility and incidental purpose ) as
granted to Union Rural Electric Association, Inc. , dba United Power, Inc. by
instrument recorded April 11, 1990 in Book 1260 as Reception No. 2210534, sail
right-of-way easement being more particularly described in said instrument.
16. The effect, if any, of Statement of Possible Statutory Lien by The Left Hanc. Water
District recorded August 28, 1990 in Book 1274 as Reception No. 2224977 .
17. Subject to all notes, standards and conditions as shown on the Use By Special Rev3. )w
Map for Frontier/Hamm Reclamation Plan and Vicinity Map recorded September 19, 19'l ) in
Book 1277 as Reception No. 2227693 .
18. Subject to Development Standards as shown on Use By Special Review Map for the Hari
Gravel Pit recorded January 25, 1983 in Book 987 as Reception No. 1915405.
19. Mineral Deed from JCK Gravel, Inc. , a Colorado corporation, to Frontier Sand & Grn 'el ,
Inc . , a Colorado corporation, recorded October 25, 1990 in Book 1290 as Reception do.
2231154, conveying for a period of fifteen years from April 6, 1987, all of the rIht ,
title and interest in and to all the sand and gravel together with all precious metals
contained with said sand and gravel mined and together with, for a period of fifte' an
years and only fifteen years, the right of ingress and egress .
CONTINUED NE}:" PI.GE
4 -
B-2 CONT-: NUED
CT' 5256
20 . Right of way for St. Vrain Creek as evidenced by Statement filed in the Weld Count
Clerk & Recorder' s Office, insofar as the same may affect subject property.
21 . Right of way for Farmers No. 3 Reservoir as evidenced by Statement filed in the We-d
County Clerk & Recorder's Office, insofar as the same may affect subject property.
22 . The following notices have been recorded with the Clerk and Recorder of Weld Count
pursuant to CRS 9-1.5-103 (1) . These instruments do not define the exact location o'
the underground facilities and may or may not affect the subject property
NOTICES BOOK RECEPTION NO.
A) PANHANDLE EASTERN PIPELINE 1117 2058722
B) ST. VRAIN SANITATION DISTRICT 1218 2164975
C) UNITED POWER, INC. , FORMERLY
UNION RURAL ELECTRIC ASSOCIATION, INC. 1288 2239296
23 . Right of way for water line and incidental purposes as granted to Left Hand Water
District by instrument recorded July 18, 1995 in Book 1502 as Reception No. 244710 ,
said right of way being more particularly described in said instrument.
24 . The effect, if any, of an Order recorded March 30, 1937 in Book 1151 as Reception : o.
2093798, which purports to include the subject property within the boundaries of t.7 e
St . Vrain Sanitation District.
25 . Possible reservation of mineral interests as contained in instrument from Carolyn ::am,n
Tucher, individually and as a limited partner of JCK Farm, Ltd. recorded JANUARY 2 ,
1995 in BOOK 1477 as Reception No. 2423802, and any interests therein, assignments or
conveyances thereof.
26 . Terms, conditions and provisions of Tap Purchase Agreement, between Left Hand Wate
District and Meadow Vale Farm, Inc. recorded NOVEMBER 20, 1998 as RECEPTION NO.
2655173 .
27. Easement for storm sewer and incidental purposes as granted to Weld County by
instrument recorded June 12, 2000 as Reception No. 2774396, said easement being me -e
particularly described in said instrument.
28. Development Standards and Extraction Standards as reflected on Map of USR-1199, Haim
Pit Amendment Plan, recorded January 8, 1999 as Reception No. 2665829 .
29. Terms, conditions and provisions of Resolution and Road Improvements and haintenan :e
Agreement, between the County of Weld and Frontier Sand and Gravel, Inc. recorded
NOVEMBER 5, 1992 in BOOK 1357 as RECEPTION NO. 23098'11 .
CONTINUED NEXT PrGE
- 5 -
B-2 CONTtNLiED
C.Ti5_56
30 . Terms, conditions and provisions of Agreement Regarding Sand and Gravel Mining and
Augmentation Agreement Pertaining Thereto, between JCK Gravel, Inc. , and The Saint.
Vrain & Left Hand Water Conservancy District recorded APRIL 18, 1988 in BOOB. L193 is
RECEPTION NO. 2138171, and re-recorded September 25, 1995 in Book :L512 as Receptic, i
No. 2456887.
31. Terms, conditions and provisions of Mineral Deed, between JCK Farm. Ltd. aka ICK
Farms, Ltd. and Frontier Sand & Gravel, Inc . recorded SEPTEMBER 26 . 1991 in BOOK 1 ,12
as RECEPTION NO. 2264412 .
32 . Terms, conditions and provisions of Mineral Deed, between Frontier Sand E. Gravel, inc
and Mineral Reserves, Inc. recorded SEPTEMBER 26, 1991 in BOOK 1312 as RECEPTION N ).
2264413 .
33 . Terms, conditions and provisions of Hamm Assignment and Assumption of Mining Agree iertt
and Mineral Deed, between Frontier Sand and Gravel, Inc. and Mineral Reserves . Inc
recorded SEPTEMBER 26, 1991 in BOOK 1312 as RECEPTION NO. 2264414 .
34 . Easements and PUD Notes as shown on Plat of First Filing Meadow Va_.e Farm P.0 D. a id
Plat of Second Filing Meadow Vale Farm P.U.D.
35 . Covenants and restrictions recorded under the Plats of First Filing Meadow Vale Fe -m
P.U.D. , and Second Filing Meadow Vale Farm P.U.D. , but omitting any covenant or
restriction based on race, color, religion, sex, handicap, familial status or national
origin unless and only to the extent that said covenant (a) is exempt under Chapte •
42 , Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicap persons .
36. Any lien, whether by statute or otherwise, to secure payment of the assessments
provided for under that certain agreement recorded under the Plats of First Filinc
Meadow Vale Farm P.U.D. , and Second Filing Meadow Vale Farm P.U.D.
37. Terms, conditions and provisions of Tap Purchase Agreement, between the Left Hand
Water District and Meadow Vale Farm Inc. recorded OCTOBER 14, 1996 in BOOK 15" 1 as
RECEPTION NO. 2515586 .
38 . Terms, conditions and provisions of Road Maintenance and Improvement Agreement_,
between the County of Weld and Meadow Vale Farm, Inc. recorded OCTOBER 23 1996 it
BOOK 1573 as RECEPTION NO. 2517106.
39. Terms, conditions and provisions of Improvements Agreement According PoLicy Regard ng
Collateral For Improvements, between the County of Weld and Meadow Vale Farm, Inc
recorded OCTOBER 23, 1996 in BOOK 1573 as RECEPTION NO. 2517107 .
CONTINUED NEX: PAGE
- 6 -
B CONTIVUED
CT': 3256
40 . Dedication of a portion of subject property for public highway purposes as evidenc, I
by instrument recorded June 11, 1998 as Reception No. 2619073 .
7 _.
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