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\ .`\ OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO 0
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fli6 6o \\ LEGAL I/ LM Part of the South Half of Section 23,Township 7 North.Range 65 Wet of the 50,PM<Ipal Meridian,Weld County.Colorado. FO-1 p
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\\ f4 (e LLIOM Rearing North 0431'40"Weel,with all other bearings contained nmeln relating thereto; O g
XTERPOL.LS 12374 Thence North 0]'34'19"Eaet along the North-South Centerline of Section 23 a distance of 4)6.00 feel to the Tne Pant of /1 O
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Tens South 692541"West.15000 feet; ✓ I n
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20 ACCESS EAYLENi N 494325"W 69 beginning. p
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that poi, applicable rules,regulations.and lows of the Stole of Colmado.State r^
066R' Board of Ro 1 d lesroncicEnnginlwe me Profexlonal Lane Surveyors. C.[
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SE 807 ale mare aeaeroed property do hereby request a Subdivision Exempt en m the Mown hereon. Cl)
0624 x AC d9.1g pdriner Vl
ft Borth LL o ea�Company.o Colorado PmineM:p, E
The foregoing certification was acknowledged before me thi.Lwy of Stole ,A0.
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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVIEW OF CONDITION OF APPROVAL
FOR SUBDIVISION EXEMPTION #807- BOOTH LAND AND LIVESTOCK COMPANY
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, on March 3, 2000, the Department of Planning Services approved
Subdivision Exemption #807, for property which is described being part of the SW1/4 of
Section 23, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado, for a lot
line adjustment, with Conditions of Approval, and
WHEREAS, a request to the Board of County Commissioners to delete Condition of
Approval #3.D. for Subdivision Exemption #807 was submitted by Booth Land and Livestock
Company, P.O. Box 72, Lucerne, Colorado 80646, and
WHEREAS, after reviewing Department of Planning Services staff concerns and hearing
the testimony presented, the Board deemed it advisable to deny such request; however, to
direct staff to consider Condition of Approval #3.D. for Subdivision Exemption #807 satisfied if
the applicant submits to staff an easement agreement for a septic system leach field onto the
property adjoining the .28 acre lot, with the area of said easement and the acreage of .28 acre
lot combined being equal in size to 1 acre or more, and with said easement being for the benefit
of the Owl Creek and Supply Irrigation Company ditch rider.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request of Booth Land and Livestock Company to delete
Condition of Approval #3.D for Subdivision Exemption #807, be, and hereby is, denied.
BE IT FURTHER RESOLVED by the Board that Department of Planning Services staff
be, and hereby is, directed to consider Condition of Approval #3.D. for Subdivision Exemption
#807 satisfied if the applicant submits to staff an easement agreement for a septic system
leach field onto the property adjoining the .28 acre lot, with the area of said easement and the
acreage of .28 acre lot combined being equal in size to 1 acre or more, and with said easement
being for the benefit of the Owl Creek and Supply Irrigation Company ditch rider.
'/P/22.__ 2000-0697
QC 0f r7
SE #807 - BOOTH LAND AND LIVESTOCK COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W. LD COUNTY, CO ORADO
ATTEST: li�^�?,-�0 �' I . i I1. L
•— Kirkmeyer, Chair
Weld County Clerk to the B•:
i 47. elle,'ro-Tem
•
Deputy Clerk to the Board ` t� ��Baxter Georg E. �^��"�
> r
APPROVED AS TO FORM: RECLUSED
Dale K. Hall
�G`o4nty Attorney a a LtET�
Glenn Vaad
2000-0697
SFRn7
IIIO DEPARTMENT OF PLANNING SERVICES
SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Booth Land and Livestock Co Case Number: SE-807
Request: Subdivision Exemption for a lot line adjustment
Legal Description: Pt. SW4 Section 23, T7N, R65W of the 6th P.M., Weld County, CO
Parcel Number: 070923300018 Planner: S Lockman
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies of the Weld County Comprehensive Plan.
X 2. The boundary change or temporary use location which would be allowed on the subject
property by granting the request will be compatible with the surrounding land uses.
X 3. In those instances when used pursuant to Section 11.14.2 of the Weld County
Subdivision Ordinance, the request is the best alternative to dispose of existing
improvements in conjunction with the companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be
sold, shall be at least one acre in size, and will no longer exist upon termination of the
financing arrangements.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies
of the county. The Department of Planning Services has determined through its review that the standards of Section
11.17 of the Weld County Subdivision Ordinance have been met.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. The septic system shall comply with all current Individual Sewage Disposal Regulations including horizontal
setbacks to pertinent ground feaiures (ie irrigation ditch, property lines, etc.). Additionally, according to Section III,
3.3.B, the maximum portion of the lot that can be used for an I.S.D.S. shall be twenty-five percent of the parcel.
3. Prior to recording the plat:
A. The applicant shall submit to the department of Planning Services a recorded copy of an access
agreement signed by all owners of property which is crossed by the access. The access snail be for
ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders
reception number.
B. The SE Lot shall utilize the access easement. No circle drives or additional accesses shall be granted
C. All approved accesses shall be clearly shown on the plat.
D. The .28 of an acre lot shall be increased by this amendment to comply with the one (1) acre minimum
lot size required by Section 11.8.5 of the Weld County Subdivision Ordinance.
E. The applicant shall provide the Department of Planning Services with a certificate from the County
Treasurer showing no delinquent taxes for the .28 of an acre lot.
F. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of SETBACK in the
Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured
from the future right-of-way line.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits on the lot, the applicant will be required to submit a
recorded deed describing the lot upon which the building permit is requested with the building
permit application.
4) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weecs,
pursuant to Ordinance 169A.
3. The applicant shall submit 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 prepared in accordance with the requirements of
Section 11.15.9 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days
from the date of approval by the Department of Planning Services. The applicant shall be responsible for
paying the recording fees.
4. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions. Should an
applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case
will be forwarded to the Board of County Commissioners with a recommendation for denial.
•
By 2.4.,- 01; 2(G .11 La/Pi Date: March 9. 2000 _
Sheri Lockman :•Current Planner
Item Comments Check
Proper size of plat 24"X 36" or 18"X 24"
Boundaries of Lot(s)
Scale Suitable Scale? (Approx. 1"=200' or 1"=100)
Access indicated Shared access? If so, is Easement Certificate included?
Roads labeled, including R.O.W.
Building Envelope(s) 1A41-
Vicinity Map Suitable Scale?(Approx. 1"=2000');Not on SE 94
North Arrow
Legal Description
Notes from Planner/ V/
Development Standards
Conditions Of Approval
completed?
Owner's Certificate Notarial Certificate included? If deed indicates two
owners,have both signed the plat?
Surveyor's Certificate, All surveyed plats
Note:USR plats do not need to be surveyed
Surveyor's stamp
Director of Planning Certificate Notarial Certificate included?
(RE, SE, SPR,Final PUD, if Staff Approved)
Planning Commission Certificate (USR's, COZ,)
Board Certificate (USR's, COZ,Final PUD but not if it was Staff approve )
*RE.SE&ZPMH,if Board approved.
Typical Road Cross Section If a COZ,Final PUD
Easements If Final PUD
Please return the plat to CAD Tech. within 24 hours of receiving the plat.
Planner On Call: k) (Initials)
Planner Signature: Date:
WELD chow IV , UI.@LUtialti
DEPARTMENT OF PLANNING SERVICES
----- PLEASE TAKE THIS SUP TO THE FRONT DESK —
DATE a th tyxc
RECEIVED FROM M -C-11 ( OA-Ma flajtjlt ` ' ,! ( * -
Ti Na_ TYPE FEES
4221 RFISE ....._.w • w _ .w..__. .Y....� _.. ._._..�_.... L........_I
4221 - ZPMHIMHZP/ZPAD
4221 - USR
4221 - SITE PLAN REVIEW
4221 - COZ
t
4221 PIIU 1.
4221 - SUBDIVISION '
4221 - BOA
m
4221 - MINOR SUB _ _ _
4221 - THDP/GHP
4221 REPLAT
' Ve ig9C ta? I:3Di . c' :Jil:\
_0 - RECORDING FEE
14430 - MAPS/PUBLICATIONS 1 �W
4730 INVESTIGATION FEE �A �.. ..: . m. .�W 1
-a
4430 - POSTAGE/HANDLING I 3
I
. ._�_ _ -� 3
ON-CALL PLANNER VD
LL:Lisi
Li CASH /a C U( NO: _ n. TOTAL
RECEIPT #
. a
MEMORANDUM
WC TO: Board of County Commissioners March 13, 2000
FROM: Sheri Lockman, Planner II
COLORADO
SUBJECT: Amended Recorded Exemption 1950 &Subdivision Exemption 807
On January 19, 2000 Booth Land and Livestock Company applied for an amendment to Recorded Exemption 1950
and a Subdivision Exemption to change the lot line between two parcels. Both applications were conditionally
approved by staff on March 3, 2000.
As a condition of approval, the applicant was required to enlarge the 0.28 acre lot to one acre. The applicant is
requesting this requirement be waived by the Board.
The existing 0.28 acre lot was created in 1938. A single family residence, formerly the ditch rider's residence, was
recently demolished on the property without a demolition permit.
Section 72 of the Weld County Zoning Ordinance reads:
Non-Conforming Lots. In any district in which SINGLE FAMILY DWELLINGS are permitted, a SINGLE FAMILY
DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, notwithstanding
limitations imposed by other provisions of this Ordinance. This provision shall apply even though such LOT
fails to meet the requirements for LOT area that are applicable in the zoning district, provided that Bulk Requirements
other than those which apply to LOT area shall be met. Variance of Bulk Requirements shall be obtained only
through action of the Board of Adjustment.
The 0.28 acre parcel, per the application will not contain enough area to contain a leach field as required by the Weld
County Department of Public Health and Environment. The applicant is requesting to include a septic easement on
the adjoining property. As indicated in a referral response received February 1, 2000, the Weld County Department
of Public Health and Environment requires the septic system to be placed on the parcel of the home it serves. No
variances by Weld County Department of Public Health and Environment will be granted on setbacks between
components of the septic system and pertinent ground features (irrigation ditch, property lines, etc.).
Further, Section 71 of the Weld County Zoning Ordinance states.
Intent. Within the zoning districts established by this Ordinance or amendments thereto, there exist LOTS.
STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning
regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of this
Ordinance or future amendment. It is the intent of this Ordinance to permit these non-conformities to continue
until they are removed or abandoned, but not to encourage their survival. It is further the intent of this
Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as
justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. Non-
conforming USES are declared by this Ordinance to be incompatible with permitted USES in the zoning districts
involved.
Booth Land and Livestock Company owns approximately 366 acres adjacent to the .28 acre parcel. Planning Staff
concurs that it is reasonable to require the applicants to include enough land to meet the septic and one acre
minimum lot size requirements.
Thank you for your consideration in this matter.
SERVICE,TEAMWORK.INTEGRITY.QUALITY
2000-0697
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greele353-610, , E 80631
0
Phone (970) 353-6100, Ext. 3540
Fax(970) 304-6498
C.
COLORADO
January 24, 2000
Tom Coffins
109 Elm Ave
Eaton, CO 80615
Subject: SE-807-A Subdivision Exemption for a parcel of land described as Part of the SW4 of Section 23,
Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Collins:
Your application for the Subdivision Exemption and related materials are being processed at this time and
you will be notified within 45 days. If it is determined that the application meets the approval criteria of Section
11.15 of the Weld County Subdivision Ordinance, as amended, you will be notified that the subdivision
exemption is approved. If the staff determines that the application does not meet the approval criteria, you
will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will
be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider
your application and make a final decision on the subdivision exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials
to the Eaton Planning Commission for its review and comments. It is recommended that you and/or a
representative be in attendance at the Eaton Planning Commission meeting to answer any questions the
Commission members may have with respect to your application. Please call the town of Eaton at 970-454-
3338, for further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please free to call me.
Respectfully,
Sheri Lockman
Planner
41
Fr / 6
APPLICATION FLOW SHEET
COLORADO
APPLICANT: Booth Land and Livestock Co. CASE #: SE-807
REQUEST: Subdivision Exemption for a lot line adjustment
LEGAL: Pt. SW4 Section 23, T7N, R65W of the 6th P. M . , Weld County, CO
LOCATION : North of Weld County Road 78 and east of Weld County Road 45
PARCEL ID #: 070923300018
Date By
Application Received 1 /19/2000 KO
Application Completed 1 /24/2000 SL
Referrals listed 1 /24/2000 SL
Design Review Meeting (PUD)
File assembled (-25j- OD CS
Letter to applicant mailed I - 2C) -0 -6 -, t c5
Vicinity map prepared
Referrals mailed ----012. s - DD
Chaindexed 1-:) .51- 06 S
Field check by DPS staff
Administrative Review decision: ( /EAU-YAi 3/3/00
Date By
County Commissioners Hearing Date (if applicable) 4' 7/o O
Surrounding property owners notified
Air photo and maps prepared
CC action: ,(lj.11 eP_Q,
CC resolution received
Recorded on maps and filed
Overlay Districts
Zoning Agricultural
Airport Yes_ No_x_
Geologic Yes_ No_x_
Flood Hazard Yes No_x_
Panel #080266 0487C
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: (970) 353-6100, Ext. 3540 Fax(970) 352-6312
SUBDIVISION EXEMPTION APPLICATION
FOR PLANNING DEPARTMENT USE ONLY:
Application Fee / Receipt Number I/8/5 Case Number 2 Ia 6, 7
Recording Fee Receipt Number_ Zoning District
Application Checked By (CZ'v'.e , Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures):
TYPE OF EXEMPTION REQUESTED (check onel
XXX Property line adjustment XXX Used with Recorded Exemption
Financing purposes Public utility facility
I (we), the undersigned hereby request that the following described property be exempted from the definition
of the terms "subdivision" or "subdivided land" in accordance with Section 11.11 of the Weld County
Subdivision Ordinance by the Weld County Board of County Commissioners.
Lot "B" Recorded Exemption No. 0709-23-3-RE1950
Legal description: Part SWq Section 23 T 7 N, R 65 W of the 6th P.M.,
Weld County, Colorado.
Total Acreage 80.26+/-Acres
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes XXX No
FEE OWNERS OF PROPERTY:
Name: Booth Land & Livestock Co.
Address: P.O. Box 72, Lucerne, CO 80646 Phone (970) 353-7090
Name: Owl Creek Supply and Irrigation Co.
Address: P.O. Box 206. Eaton. C) 80615 Phone (970) 454-3377
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.
Booth Land & Livestock Co. Owl C'ee7 ppl , i. r to Co.
4
BY : i� i ( —¢G 'Lrz.
By: f . t d>i. Signat e: Owner or Authorized Agent
Rev: 1-27-97 0wrnth: or Authorized Agent
6
January 06, 2000
Current Planner
Department Of Planning Services
Weld County, Colorado
1555 N. 17th Avenue
Greeley, Colorado 80631
Re: Request for Subdivision Exemption
Dear Current Planner:
We hereby submit the following application for a Subdivision Exemption to correct a
boundary problem that existed many years and prior to Booth Land & Livestock acquiring.
Lot "B" of Recorded Exemption No. 0709-23-3-RE1950, recorded November 26, 1996 as
Reception No. 2522217, being a part of Section 23, Township 7 North, Range 65 West of
the 6th P.M., Weld County, Colorado, 78.98+/-acres.
Owl Creek Supply and Irrigation Co., acquired a parcel of land by deed dated April 18.
1928, approximately .28 acre, described by attached quit claim deed. This location being
its Ditch Rider's house and a critical part of it's operation. The site being located adjacent
to one of Owl Creek Irrigation and Supply Co.'s main canals and a critical division point.
At the time the survey was done for Recorded Exemption 0709-23-3-RE1950 it reflected
several boundary problems with the land acquired by Booth Land & Livestock Co. and the
Owl Creek Supply and Irrigation Co. parcel. Both party's now knowing of the problems
are wanting to correct them at this time.
The parties have agreed to a correction of boundaries as reflected and shown the attached
maps. The house used in the past by Owl Creek's ditch rider and caretaker was old, quite
small, and fast becoming virtually uninhabitable. Owl Creek's plans to place a new home
on their property inspired all of us to come up with a solution to our boundary problems.
Thus this Subdivision Exemption Application and the accompanying Amended Recorded
Recorded Exemption Application. Upon your approving of these applications a long
standing and little known about problem will be corrected.
We honorable request your most sincere consideration and your approval of the
applications.
Respectfully submitted,
Booth Land & Livestock Co. Owl Cre Co.
/,i
By: .`� �cc I Ai r By:
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REFERRAL LIST
NAME: Booth Land and Cattle Co. CASE NUMBER: SE-807
REFERRALS SENT: January 24, 2000 REFERRALS TO BE RECEIVED BY: February 15, 2000
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department Brighton
Extension Service _Broomfield
Emergency Management Office Dacono
Sheriffs Office _X Eaton
X_Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Code Enforcement Frederick
STATE _Garden City
__Division of Water Resources Gilcrest
__Geological Survey Greeley
__Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
__Water Conservation Board Keenesburg
__Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
__West of 1-25 (Loveland) Lochbuie
East of 1-25 (Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
_X Ault F-1 New Raymer
_Berthoud F-2 Northglenn
__Briggsdale F-24 Nunn
__Brighton F-3 _Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
_Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
_ Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X_School District RE-2 _X Greeley
Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
MEMORANDUM
TO: Sheri Lockman DATE: February 1, 2000
FROM: Sheble McConnellogcie, Environmental Health
•
COLORADO SUBJECT: Booth Land and Livestock Co.
CASE: SE-807
Environmental Protection Services has reviewed this proposal; the following conditions are recommended
to he part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed
according to the Weld County Individual Sewage Disposal Regulations.
2. The septic system shall comply with all current Individual Sewage Disposal Regulations including
horizontal setbacks to pertinent ground features (ie. irrigation ditch, property lines, etc.).
Additionally, according to Section III, 3.3.B,the maximum portion of the lot that can be used for an
I SDS shall be twenty-five percent of the parcel.
Please Note:
The Department requires the septic system be placed on the parcel of the home it serves. No variances will
be granted on setbacks between components of the septic system and pertinent ground features as statec
above.
sm/649
RECEIVE
4&t. JAN 2 6 2000
WELD CC Ohl f1'
PUBLIC WORKS DCI F'i Weld County Referral
1 '
O January 24, 2000
•
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Booth Land and Cattle Co. Case Number SE-807
Please Reply By February 15, 2000 Planner Sheri Lockman
Project Subdivision Exemption for a lot line adjustment.
Legal Part of the SW4 of Section 23, Township 7 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
Location North of WCR 78; east of WCR 45.
Parcel Number 0709 23 300018
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature ap [ 7 — Date � _ _q - coo
fAgency Ad LL,� ��u,`043--
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
MEMORANDUM
TO: Sheri Lockman, Planner DATE: February 7, 2000
■ FROM: Donald Carroll, Engineering Administrator {f
� SUBJECT: SE-807; Booth Land and Cattle Co.
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 78 is designated on the Weld County Transportation Plan Map as a section line access road Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The right-of-way or easement shall be a graded and drained road to provide all weather access.
The applicant shall indicate, on the plat, type of right-of, type of right-of-way or easement, dedicated. private, or
a deed to provide adequate access to the parcel. Section line accesses are considered private lanes with no
county maintenance.
cc: SE-807 OZY
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(Qit..) an(Mid Road �`—J \�� N45 43'25W
i>' b N63'46'04-W 544'17'05'W '"<" 530.02'
bansmt. i 88.10' 52.41' . Approximate 5
air
8783.88' 'W 574'03.45W \�/ of Bank of H.
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i LOT A 0
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' - 256 The Owl Creek Supply 6n1 Seal,City u Co.of Derver,Colo.Com.2-8-41 1
Irritation Conran., of the Nee. "_-27-3& at 9 A.L. ' —'- --
County of acid ono state
of Colarauo
I
(ijela) a Wuct de:crihed es follows:
' d
Caunaaln., at a pointt,On the Lest line of the SE%of Section 23,
d Toarsblp 7 crtc,8+u.t,e C., lest 0f t... 6^ P..W., 476 feet worth of the • t
• /` w
southwest orntr ,f -aid. 33E- ; hence Bast 1.73 feet thence !oath
13°20' West 67.9 feet, thence north 5OO.47w West 136a feet to a point !
on the Rest line bf said SG}• thence south along said west line 152 feet I'EtJlj'
to ;lace of LeginnII4, containing 25/100 of an acre more or less.
r (This deed is ;,.ven t; establish arv. confirm rice is of grantee in au.. tract) _
(Correction Dees) (Prevcausl recar ltd 9-1d-38 in 9c>k 10'5 at ,,re
19,.tece-t:on 1:0.787798)
i ♦ /vl
1
•
only.Pro '' .,. , d ';.«..�o the' ,. ,wr• .:L.the ""fid Via. 'i 3
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r,3
•
FRAME ,g'43
0482 Assam[. wean n aniz
THIS ZNDENTuRZ wITNESSZTE, that the Grantor, METROPOLITAN LIPS
INSURANCE COMPANY, • corporation, organized and existing under
and by virtue of the laws of the State of New York, having its
principal office at One M( dison Avenue, City of New York, and
State of New York, for the consideration of One Dollar ($1.00)
and other good and valuable consideration, in band paid, hereby
sells and conveys to Grantee, HOOTS LARD 4 LIVESTOCK CO., •
Colorado partnership, whose address is Box 72, Lucerne, Colorado
80646. the following described real estate situated in the County
of Weld and State of Colorado, to-wit:
SEE EXHIBIT "A" attached hereto and made a part hereof
5 with all its appurtenances and said METROPOLITAN LIPS INSURANCE
2'' COMPANY, Grantor, for its heirs, executors and administrators,
does covenant to warrant and defend the property hereby conveyed
against the lawful claims and demands of all persons claiming by,
through or under it, but against none other.
Grantee takes title subject to the following: (a) all zoning and
building laws, ordinances, maps, resolutions and regulations of
all governmental authorities having jurisdiction which affect the
premises and the use and improvement thereof; (b) all rights
covenants, conditions, agreements and restrictions contained or
referred to in any instruments of record; (e) rights of way,
easements and consents of record; (d) any state of facts or
conditions an accurate~ survey may show or personal inspection-,
made of the premises at the time of closing would disclose; (e)
any water, mineral or other rights including rights to oil and
gas 1 lready granted to or reserved by other parties; (f)
any and all leases or tenancies; and (g) those additional
exceptions listed on Exhibit "B" attached hereto s.d made a part
hereof.
General taxes and special assessments due and payable for 1997
(except 1997 water rights assessments which shall be the
obligation of Grantee) shall be prorated between Grantor and
Grantee as of the date of Closing. All subsequent general taxes
and special taxer and auueneu.auta, which iuelude intallments of
special assessments due and unpaid shall be the responsiblity of
Grantee.
2539243 B-1597 P-583 03/24/1997 03:16P PG 1 OF 15 REC DOC
Weld County CO ]A 5uki Tsukaooto Clerk & Recorder 76.00 205.00
...
FRAME F
r0 ( 3 IN TYSTIMONi NSSBYOV, the said METROPOLITAM LIra 1Nsuflaac
U Y v CgD?A$T has caused Its corporate seal to be affixed and signed by
its Vice .President this _7th_ day of .arch , 1997,
, ,
METROPOLITAN LIFE INSORANCE
a New York co ration
'4�
i
Bye
I e: .\
,
Kenneth L. Kollar �°on1s•
STATE OF KANSAS )
COUNTY OF )
On this 7TH day of March , 1932, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Kenneth L. Yo71er to me personally known, who,
being by me duly sworn, did say that he is the Vice President
of Metropolitan Life Insurance Company, a New York corporation,
that the seal affixed to the said instrument is the seal of the
said corporation, and that the said instrument was signed and
sealed on behalf of the said corporation by authority of its
Board of Directors, and that said Vice President acknowledged
the execution of the said instrument to be the voluntary act and
deed of the said corporation. by it voluntarily executed.
Witness my hand and official seal on the date last above-written.
Notary Public
HELAINE S. REED
lab Nayt Pupae.Sae of Maas
• 2 082024W11 2:00
Prepared by:
Neat U. UodWII, Seq.
Metropolitan Life Insurance
Company
303 Perimeter Center North, Ste 600
Atlanta, Georgia 30346
2
2539243 B-1597 P-5B3 03/24/1997 03:16P PG 2 OF 15
FRAME FR
0484 EffiWI7 .A" •
PARC87. 1:
The 11/2 of the W1/2 of Section 14, Township 7 North, Range 65 West of
the 6th p.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a tract of land as conveyed to The State t
of Highways, Division of Highways State of Colorado, by Specie Warranty
Deed recorded September 10, 1991 in Book 1310 as Reception No. 2262665.
PARCEL 2:
Lot B of Recorded Exemption No. 0709-35-2-RE1496, recorded July 27, 1993
in. Book 1334. as Reception wo. 234291t,. being a part of. Section 35,.
Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado.
PARCEL 3:
All of Section 23, in Township 7 North, of Range 65 West of the 6th P.M.,
County of Weld, State of Colorado.
EXCEPTING THEREFROM a tract of land as conveyed to The Owl Creek Supply
and Irrigation Company by Quit Claim Deed recorded April 18, 1930 in Book
1025 at
Page
, at and as Page
by Quit Claim Deed recorded April 27,
1938 in Book
EXCEPTING THEREFROM a tract of land as contained in Land Contract between
Anthony Aranci, as Seller, and Darrell Lee French and Katherina Grace
French, as Purchasers, recorded April 29, 1970 in Book 674 as Reception
NO. 1546369,
ALSO EXCEPTING THEREFROM a tract of land as conveyed to Darrell French
and Kathy French by Warranty Deed recorded July 30, 1971 in Book 651 as
Reception No. 1572526,
ALSO EXCEPTING THEREFROM Recorded Exemption No. 0709-23-3-RE1950,
recorded November 26, 1996 in Book 1578 as Reception No. 2522217.
PARCEL 4:
Lot 1996B of Recorded Exemption in Book 1578 as Reception No. 2522217, being recorded
part of Section 23,
Township 7 North, Range 65 West of the 6th Y.N., County of Weld, State of
Colorado.
2519241 8-1597 P-581 01/24/1997 01:L6P PG 1 OF 15
•
- _—
4
FRAME F
0485
PARCEL 5:
The 181/2 of Section 26, Township 7 North, Range 65 West of the 6th P.B.,
County of Meld, State of Colorado.
PARCEL 6:
A part of that portion of land lying below The Owl Creek Extension Ditch
in the 81/2 of Section 26, p 7 North, Range 65 West of the 6th
P.A., County of Weld, State of Colorado, and assuming that the East line
of said Section 26 bears North and South and with all bearings contained
herein relative thereto;
inning at the Northeast corner of- the SEI/4;
thins along said East line South 2712.73 feet to the Southeast corner of
said Section 26;
thence along the South line of said SE1/4 North 84 degrees 22 minutes
West 2487.05 feet;02 degrees45 minutes 10 seconds East 235.00 feet;
thence along the Easterly prolongation of an Irrigation Ditch North 41
thence along
degrees 07 minutes 20 seconds West 936.00 feet more or lass to the
approximate centerline of the OwlCreek ne oExtension
nsionipih the; following
thence along the approximate
courses and distances; North 77 degrees 14 minutes 30 seconds East 24.80
feet;
thence North 51 degrees 11 minutes East 74.37 feet;
thence North 40 degrees 59 minutes 30 seconds East 335.63 feet;
thence North 33 degrees 19 minutes 45 seconds East 264.34 feet;
thence North 36 degrees 24 minutes 50 seconds East 719.80 feet;
thanes North 28 degrees 03 minutes 20 seconds East 454.85 feet;
thence North 37 deeggrrees 08 minutes 40 seconds East 144.22 feet;
thence port 37
line o08sa nutes/4; seconds East 199.83 feet more or lethenc
e
alon Point said
of Beginning.suth 84 degrees 54 minutes East 1719.58
h
2$39243 a-1597 P-583 03/24/1997 03:16P PG 4 OF 15
_ 1
•
FRAME
0486 =BIT ate
•
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 any facts which a correct survey and inspection
of the
premises
would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services,d labor or y ry and m not Sal
hown
by the publi theretofore c records furnished,
5. Defects,. liens, encumbrances, adveers se claimszoro other
ts or attaching
if
any, created, first appearing p�
subsequent to the effective date 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.
6. a. Taxes due and payabli) and any tax, special assessments, charge
or lien imposed for water or sewer service, or for any other
special taxing district.
b. Any and all unredeemed tax sales, if any.
Note: Upon receipt of a Certificate of Taxes Due evidencing
that there are no existing open tax sales, the above
exception 6b will not appear on the policy to be issued
hereunder.
Note:
PURSUANT TO CAM 10-11-122 NOTICE IS RIMY GIVEN TEAT'
(A) TSE SUBJECT PAOpfRTt MAY BE LOCATED IN A SPECIAL TAXING
DISTRICT;
(B) A CERTIFICATE or TAXES DUE LISTING MICE TTY COUNTY
JURISDICTION
NAT BE OBTAINED PROM TES COUNTY T�UR�
TREISURER'S AUTSORIEED AGENT;
(C) 1noamariOX REGARDING SPECIAL DISTRICTS Alu, TEE BOUNDARIES 07
SUCH DISTRICTS NAY BE OBTAINED PROS TEE BOARD OP COUNTY
COMMISSIONERS, TEE COUNTY CLERIC AND RECORDER, OR TEE COUNTS
ASSEssos.
2539243 B-1597 P-in3 03/24/1997 03:16P PG 5 OF 15
a
ME FRAME
87 048E
•
7. Rights of way, whether in fee or easement only, for county roads
30 f as
eet ie1d'd by der side heard section County Com and township missioners for weld
Countyy, recoariim1 October 14, 1689 in Hook 86 at Page 273.
8. Reservations of (1) right of proprietor of any penetrating vein or
lode to
constructed by ) and (2) right U of States,
for any U.S. as or
extract
ty authority; nd of Unitedway
in . . Patent
recorded
fecte R1/2111121of3Section 14in Sock -7-65t ) a 281.
9. Owl Creek Ditch, and any and all rights of way therefore, as
evidenced by Nap. filed July 5, 1906 as Piling No. 111816, insofar
as the same say affect subject property.
(Affects
233--77-65yna and 618/e2at8R11/4,14-7-65;
11i11 45 an81/2W1/2
tin/2511and
SofiSeccttiion
26-7-65)
10. Greeley No. 2 Reservoir, and any and all rights of way therefor,
as evidenced by Nap filed Thiceartar 15, 1910 as Piling No. 161831,
insofar as the same say affect subject property.
(Affects 111/2111/2 of Section 14-7-65; 881/411111/4 of Section
35-7-65; and 111/211111/4 and 11111/45111/4 of Section 23-7-65)for alic
11. hi4ghwaY as way,
granted to Welld Coouinty by Claude
easement E. Stone recorded
Nay 3 1939 in Book 1041 at Page 473, affecting the following
described property: /4 the N111/4 of Sectionl14t Tide ownshipn7 NNorth, Range North de of 65 Feet ofthe of
6th P.N., being the North 50 feet of said 40.
12. Reservations by the Union Pacific Railroad Company of (1) all coal
and other minerals underlying subject property, (2) the exclusive
right prospect fort�g�ressa�r�ess andd regress to��ospect
and (3) the right of ingress
for, mine and remove coal and other minerals, all as contained in
Deed recorded
Section 35-7-65)
c-20, 1907 in Book 233 at Page 78.(Af2539243 B-1597 P-583 03/24/1997 03:16P PC 6 OF 15
•
ME FRAME
88 048 =.•
eas ent for he OW1 reek
13. Right of wap. Shather in fee or asem as nly, fo to t the Creek
Supply and Irrigation Company'se
Supply and frrigation Company by Rebecca J. Eaton and Bruce 6.
N
Eaton, recorded dad Nay ]f 1909 in Gook 307 at Page 172, affecting
the fon:swing prop rtyr
A right of way, 25 feat in width, in the NWl/4 of 35-7-65 Oast of
the 6th P.N., beginning at a point on the North boundary of said .
Section 35 East 581 feet from the Northwest corner thereof;
Litet iws �lfc�t= down theucted operate tin g�alaaswfollwws:Dltch as
South 36 degrees 9 minutes
said Sectest ion 35; then to ace North 85int 30 esdegrees
t South
of the North boundary Section
30 minutes West 560 feet to a point on the West boundary
A South 30 feet from the Ni at corner o Sect and
A right of way 50 feet in width in the W1/] of Section 23, in .-
•
Township 7 Worthy of Range 65 west of the 6th P.N., Beginning at a
point on theNorth boundary of said Section 23 at North 88 degrees
15 minutes West 750 ft., from the N1/4 corner thereof; thence
following down the OwI Creek Ditch as it is now constructed and
operated in general as follows:
South 22 degrees 54 minutes East 1172 feet; thence South 13
degrees 20 minutes West 2102 feet; thence South 19 degrees 21
minutes i East 685 feet; thence South 51 degrees East 725 feet to a
point
tton t8heaEastnbo�atha boundary of
the.SWl/4 Sec. 23, at North 785 feet
14. Right of way, whether in fen carry or easement
f oorrra ditch gdit the of
NEl/a
sufficient capacity tip Range 65 West of the 6th P.N. as
of Section edo 34, Tovayt p Rebecca J. Eaton and Bruce G. Eaton,
granted to n 12,H1909cin By
recorded June 1909 in Hook 270 at Page 225, affecting the
following described property:
The Nw1/4 of 35-7-65 welt of the 6th P.N., beginning at a point
rrunninggtWestsalong North t from the sidewest corner of of said Section,said
o8a point ction 30and
South of the Northwestcorner of said Section 35, as now
constructed and
ted.
15. An undivided 1/2 interest in all oil, gas and other minerals in
and under said land, with the right to prospect for and remove the
same, as reserved by J. N. Prost in the Deed to James J. Davis and
Eva Dell Davis, recorded September 6, 1962 in Book 1624 cr :age
458,
and
111/2911/2111/2911/2 of Sectios n n4or ri
rights thereunder.
(Affects
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16. Tess a , provisions. conditions and
obligations t as
Eaton
cont* in Surface Owners Agreement by
Investment company end talon Pacific Railroad Company recorded
March 31 1955 in DOOk.1415 at Page 334 and April 4, 1955 In Dock
1415. st Page 463.
(Affects Section 35-7-65)
and other sinerals of every kind
17. An undividedl/2 of all character now owned l gas,
bythegrantor together with the right to
explore for, sine and remove the same, as reserved by The Eaton
Investment Cowan in the deed to Imperial Farms Inc., recorded
Say 2, 1957 in Rook 1476 at Page 558, and any interest; therein or
rights thereunder.
(Affects Section 35-7-65)
18. therefotyasevReservoir,
by and anyed and
all rights
Filiing No.
129777 insofar, as the same may affect subject property.
(Affects Section 23-7-65)
19. The right of way for
2OOlfeetas onnach sidedofnthe the
centersof,the0
feet in width, be
track, as reserved Denver Pacific Railway and Telegraph Company
in Deed to James Duf , recorded March 26, 1885 in Book 40 at Page
408.
(Affects the.W1/2 of Section 23-7-65)
20. The Shaw Reservoir and any and all rights of way, therefor, as
evidenced by Map filed June 18, 1906 as Piling No. 111413, insofar
as the same way affects subject property.
(A Section e6s the S 4)
W1/ of the SE1/4 of Section 23-7-65 and N1/2NE1/4 ofI
i
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21. All oil coal and other mineralsa or underlying
said land,
the - usivs right to prospect upon
coal and other a shale therein, or which may be �
therein, and to mine for and remove from said land ell oil,
Coal
r
and other minerals which may be found thereon sqre� �yone,land to
with the right of ingress, egress and all such oil, coal or other
prospeCt minerals aanndd t Brit remove
wemi asoo such of said land as may be
convenient or necessary for the right of way to and from such
prospect places or mines, and for the convenient and proper
operation of such prospect places, mines and for roads and
approaches thereto or for removal therefrom of oil, coal, mineral,
machinery or other material; also to maintain and operate its
railroad in its present form of construction and to make any
Railroad, as reserved by f Cy construction
Pacific Railroad Company in the operation of said
warranty need to William H. Arnett, recorded October 16, 1907 in
gook 233 at Page 119, and any interests therein or rights .
thereunder.
(Affects the E1/2 of Section 23-7-65)
22. Right of way, whether in fee or easement only, to construct,S d
operate and maintain a ditch lateral in and throug , as to carr
and convey water for irqrhigation and domestic purpose.
to Harry H. Shaw by Rights ofdescribed D rs follows:January
27, 1909 in
Book 289 at Page 409, over through Action of land feet in width,of Menge 65westhofhthe 6th P m.,
Section 23,
the center of which is describedas follows, to-wit:
w
Beginning ypaCommpanny twhence the South 1/l 4 cornerf ofSection 23-771-65
and the 6th P.H, bears South 24 degrees 15 minutes East 1287
West of feet; thence South 41 degrees 30 minutes West 300 feet; thence
South 69 degrees West 100 feet; thence North 57 degrees 30 minutes
West 350 fee ; thence North
7t minutes West 400 1 feet; thence No degrees West rth 0 l75tdegrees Wes; thence t
49 dfer 45
204 feet; thence South minuteseWests200 ffeeeet;ethence South 27 degrees
South 35 s degrees
30 minutes West 200 feet; thence South 34 degrees 30 minutes West
195 feet; thence South 52 degrees gthe i1SW1minutes of 2 Wet
es65180s feet
ttto a
ooath
point on the West boundary of
685 feet from the Southwest corner thereof.
NOTE: Said right of way deed contains a revertet lauuse to the
grantors, their heirs and assigns,
shd tne same be
abandoned for the purposes stated therein.
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23. ::=6:greements, provisions, conditions and obligations as
in Deed and Agreement oonoerning surface said waters, ed
Agreement, bt ofwe nay for tile drain as conveyed
in enDefogsloy Williams and ;Ward P. Gallup,
D
dated *ardb 1 , 1927 and recorded January 29, 1930 in look 888 at
121 Pave 596.
41 8ecticn23-7-65)
24. Right of way, whether in fee or easement only, to construct.
operate and maintain electric transmission, distribution and
service lines, whether said lines now or may hereaftersurvey,
serve the
property, with the right to enter upon the pr
construct maintain, operate, control and use said fines and to
a �ennt feany othering company, all and the as grantedight to to Roma permit
and
Power pCampany by instrument recorded December 10, 1951 in Book.-
1318 at Page 523, being described'as follows:
Beginning at a point one foot South of the Northwest corner of
said Section 23; thence in an Easterly direction two thousand
(2000) feet, parallel with the North boundary of said Section 23.
25. All oil, gas and other minerals under the property, as reserved by
Dorothy K. Cimiyotti in the Warranty Deed to Anthony P. Aranci,
dated January 25, 1963 and recorded January- 304 196-3 in- Book 1637
at Page 84, and any interests therein or rights thereunder.
(Affects the 11/2 of Section 23-7-65)
26. An undivided one-half and that as bn ye produ to ceddil, gas and other
from the property,
minerals in and under any
as reserved by Alfred L. Harrington and Edward N. Harrington in
the Warranty Deed to Anthony Aranci, dated Nay 28, 1968 and
recorded Nay 31, 1968 in Book 595 as Reception No. 1517003, and
any interests therein or rights thereunder.
(Affects the W1/2 of Section 23-7-65)
27. A perpetual easement for purposes of ingress and egress over and
along the South 22 feet of the SW1/4 of Section 23, commencing at
the Southwest corner of said Section 23 and thence going North 90
degrees 00 minuteqssr 00 seconds East, a distance of 1001.85 feet,
more
andsD as arrell Lee trench and ed in Land KatherinaGrace Anthonyench, s Aranci,
purchasers, dated January 1, 1970 and recorded April 29, 1970 in
Book 624 as Reception No. 1546369.
28. The Eaton Ditoh, and evidenced by Geological and Survey l rights way as
Surveyof the subject property.
.
(Affects Section 23-7-65)
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Lake and any and rights way as
29. evidenced by geological l oogica1 Surveyofthe subject property.
(Satinets Section 23-7-63) .
30. An undivided one-fourth mineral interest in the oil, gas and other
minerals in and under
thhe �26of t e•
the W1/2 oof ff SectSection
1 J�n hip
7 North, Rang 6u West er
Davis and Eva Dell Davis in the Warranty Deed to W.E.ep tNiCEay and
W.M. Moray recorded Nay 27, 19983 in ii or rights
31. utherecnderon No.
1928428,. and any interests therein 31. Reservations of (1) right of proprietor of any penetrating vein or
lode to extract his ore; and (2) right of way for any ditches or
canals constructed by authority of United States, in D.B. Patent
recorded may 27, 1910 in Book 332 at.Page 123.
(Affects 8161/4 of Section 26-7-65) •
32. Reservation of right of way for any ditches or canals constructed
by authority of the United State in U.S. Patent recorded
(Affects NE1/410 in of Secction332 26-7-65)Age 385.
33. Reservation of right of way for any ditches or canals constructed
by authority of the United States, in U.S. Patent recorded Nay 9,
1911 in Book 335 at Page 413.
. (Affects SW1/4 of Section 26-7-65)
3a All coal in the lands so granted, as reserved in United States
patent recorded Nay 9, 1911 in Book 335 at Page 413.
(Affects 51(1/4 ofright Section. 26-7-65)- or canals 35. Reservation of by authority of the United States,of way for y in
U.S.sPatent recorded
�rt�
September 5, 1916 in Boric 385 at Page 184.
(Affects NW1/4 of Section 26-7-65)
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36. Right of way, Whether in tee or easement only, for the South
Lateral of the Owl Creek Supply and Irrigation Co. Ditch, as
Jackson,
granted to The Owl Creek Supply and Ditch Company by
recorded J 13, 1909 in Book 270 at Page 10, affecting the
!allaying dewier lbea property:
Right of way for the South lateral of the Owl supply 6 Irrigation
Co. Ditch, through the SW1/4 of 26-7-65 West offntthhee 6th Y.X., as
new constructed and used; said righthe last 1t of way 035 feet hereinafter
described, g 25 feet in width
c its entire l5ngfe, except
Which is 50 feet in width. The center line of said
right of may is described as follows. Beginning at a point on the
boundary of the 8W1/4 of said Sec. 26 at a point 1360 from
the t1/4 section corner on the South boundary thereof; South 36
degrees 51 minutes West 330 feet; thence South 41 degrees West 200
feet; then► South. 64- 10-minutee West- 100. feet;. thane..
North 84 s est: 00 ethence 100 North 66r thence North 78 degrees 26 mint degrees
wes
30 minutes West 100 feet? West 100 feet; thence North 50
degrees
feet; thence North; 61 degrees West
minutes West 100
feet t West 200 feet; thence North 61 degrees
feet; thence North 72 degrees 35 minutes West 144 Lest; thence
South 36 degrees 23 ainutem�astt 37es 5
lfe t0to feet to dd ofh dyke;
o!
thence South 36 degree of said SW1/4 of Sec. 26 at 581 feet
dyke m S.W.the South eeurneo
from S. corner thereof.
37. Right of way, whether in foe or
ditch, granted t , for ttehe owl lrCreek
eekek
Supply and. irrigation Company B. Shaw, recorded May 18,
i ok
Supply and Irrigation Company by Barry ibed
1909 e Bo 270 at Page 183,. a lectlq the follovinq descr
property:
A right of way for the Owl Creek Supply and Irriggqaaation Company's
ditch through the NE1/4 of 26-7-65 West of the said P.M.Section 26, at
Beginning at a point of the North boundary
East 477 feet from the N1/4 car. thereof; thence following down
the South lateral of the Owl Creek Ditch as it is now constructed
and operated in general as follows:
south 30 degrees 18 minus East 170 ft.; thence South 35 degrees
32 minutes East 1495 feat; thence South B degrees 47 minutes West
398 ft.; thence 6 degrees 7 minutes West 680 ft.; thence South 51
degrees 22 mint West 400 ft. to a point of the South boundary
tof the he NE1//441of said
Secs.n28.c. 26 at Said rriightst 960 ft. from of way to be the
30 of
feet in
width.
1
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38. Right of way, whether in fee or •aseasnt only, for the Owl Creek
Supply and Irrigation Company's ditch, as granted to The Owl Creek
Supplyand Irrigation Company by W. P. Millis recorded November
described
i0inp 270 at Page 373, affecting the following
h
a right_of way for the Owl Creek Supply and Irrigation Company's
ditch through the SE1/4 of 26-7-65 W. 6th P.N. Beginning at a
point• 00 ffyt.��1fq c. 26, t Bast
t.from the N.N Cot off maid SE1/4 of Seo. 26 t thence
f ingrdownd and operated
lateral of the Owl Creek Ditch as it is
now ow
operated in general as follows:
South 51 degrees 22 minutes West 287 fest: thence South 30 degrees
42 minutes West 598 ft.; thence South 35 degrees 46 minutes West
770. ft. to- a point on the•Westt boundary SE1 i said Soc. 'flat
North 1360 ft. from the S1/4 Car. thereof. Said right of way to-be
25 feet in width.
39. Right of way, whether in fee or easement only, for ditch, as
granted to C.W. Jones and C.A. Pinch by S.A. Johnson, recorded
September 8, 1920 in Book 602 at Page 485, affecting the following
described property:
Commencing on the South line of Section 26-7-65 West of the 6th
true
bearinngsavariiaationt 3 114 d2 est West of the egrees 30 minutes'4 East, North 520 fner. Thence eet,
thence North 42 degrees 32 minutes West 541.5 feet. The above
described line is the center line of a strip of land 7 feet vide
which is to be used for the construction of a ditch to be used to
convey water to the lands of the second parties.
40. lliine to carry
way,ry whethertom fThe oShaw Reservoir� t across tie for a itch NE1/4rofi
pe
Section 26, Township 7 North, Range 65.West of the 6th P.M.
towards the lands of the grantee, and an easement and right of way
over and across said NE1/♦ of secct�tgqion 26 for the • of
insreservoir and- the- inlets. and-o tlets thereo and f, as- granted to rwise ma C said
.C.
Richards by Danis N. Shaw by Deed recorded Novee r 17, 1923 in
Book 713 at Page 182, in which the specific location is not
defined.
41. An undivided 1/5 interest each in and to all of the oil, gas and
other minerals, as conveyed to Elmer R. Gustafson, Thelma G.
Brown, Arthur D. Gustafson, and Harold G. Gustafson by Amanda
page 614, aannd any interests thereinl Deed recordedoril rights954 in Book thereunder.1346 at
(Affects 81/2 of Section 26-7-65)
1
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42. An undivided 1/2 of all oil gas and other minerals lying in and
e�! gas and 121/4
other einerals lyi-65 and an ng in and unnndivided deerr the 121/4 of4 of
Section 26-7-65, as reserved by Dale Saxton, also known as Delo W.
Saxton and Dale William Saxton; and an undivided 1/4 of all oil,
gee and other minerals lying in and under the 121/4 of section
26-7-65, as reserved by Emily Saxton in the Deed to Berman
scheller and Nina Mae Schaller, recorded ! 18, 1970 in Book
6thereunder.2lasReception No. 1542806, and any interests therein or rights
a3. Access
tp of Lott a1R feet in Recorded xidth overHxemption No 0709-35-2-82149 the 66, recordaportY
(Affects 1993 in
of BokkSection3945 as Reception e No. 2342934.gt acordad
44. em easement 1s eeet2infwidth foorrdtthhe and
of and
Irrigation
of Recorded
Exemption No. 0709-23-3-RE1950, recorded November 26, 1996 in Book
1578 as Reception No. 2522217.
(Affects Parcel 3) p
45. limits Creek
aational and ususegasion located in thepfield- o defined by
n November 13,
1996", as shown on Recorded Exemption No. 0709-23-3-R81950,
recorded November 26, 1996 in Book 1578 as Reception No. 2522217.
(Affects Parcel 3)
46. Recorded ExemptionnNo. 070itch 9-23-3-R E1950, recorded Nd road over and ovemambberr 26, of Recorded Exemption ook 1
(Affects�arcel74)as Reception No. 2522217.
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NMI
Tne following notices pursuant to CRS 9-1.8-103 concerning
round facilities have been filed with the Clark and
�er. These statements are general and do not necessarily
give notice of undexgrcmld facilities within the property.
(a) Mountain Bell Ref �pany� recorded October 1, 1981 in
Book 949 as Reception o. 1870708.
(b) Western Slope Gas Company, recorded March 9, 1983 in Book 990
as Reception No. 1919787.
(c) Associated Natural Gas, Inc., recorded July 20, 1984 in.Book
1037 as Reception No. 1974810.
(d) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784.
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1300TH I....AND & LIVESTOCK CO .
PO E(ox 72
L...i.ir:er ne CO E30646
( 9?0 ) i53•--705,5
Department. of P ann.i.ng 5ervires
in whom it may ronr..ern:
1 authorize Tom Collins to represent. E3oot.h I...and & L...i.vest-oc:lc
Company recording Recorded Exemption Case No . AMRE 1959 and
uhdi.v.i.si.on Exemption C. se No . SE_'_807.
nary Booth
_._ 3-72 - 24r
Dot
U1 :RI
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