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Home My WebLink About810582.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 496 - RAY AND DARLEEN BOFFEY 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 13th day of May, 1981 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. 496 , being the property of Ray and Darleen Boffey, described as part of the West Half of Section 9 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows , does not come within the pur- view 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: A parcel of land located in the West Half of Section 9 , Township 1 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Commencing at the Northwest corner of said Section 9 and considering the west line thereof to bear South 00°00 ' 00" West with all other bearings contained herein being relative thereto; thence South 00°00 ' 00 " West, 1997 .47 feet to the True Point of Be- ginning; Thence North 88°46 ' 33 " East, 974 . 67 feet; Thence South 00°12 '15" East, 960 .91 feet to a point on the northerly right-of-way line of the Union Pacific Railroad: Thence North 84°32 '42" West along said right- of-way, 982. 32 feet to a point on the west line of said Section 9 ; Thence North 00°00 ' 00 " East along said west line, 846 .70 feet to the True Point of Beginning. 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 Subdivision 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. 810582 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Ray and Darleen Boffey be, and hereby is , exempt from the definition of the terms "subdivision" and "sub- divided 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 13th day of May, A.D. , 1981. /� `� -� ��, BOARD OF COUNTY COMMISSIONERS ATTEST: 12.„nn.t ( °W,,,,Ite�t9 WELD COUNTY, LORADO Weld County and Recorder (Aye) and 'Clerk to the Board C ck Carls , Chairman By: 1 / ( ( r .7AP—t—rr+..-.— agog-.__ (Aye) " Deputy County lerk Norman Carlson, Pro-Tem APP$O ED AS TO FORM: 17 = t y v (Aye) �// O C. Kirby / County Attorney ✓j 3, T ,/J�l , (Aye) hn T. Martin t ) e K. S inmar 8 .9582 DATE PRESENTED: MAY 18 , 1981 AECLADED EXEMF fON NO. 1467-9- 2- RE496 SHEET 1 OF 2 DATE: APRIL 14, 1981 OWNERS: RAY D. BOFFEY • o{L DARLEEN Re BOFFEY • 4514..WELD CoUNLY. RDAs ERIE;::.CCLORADD- NO51& -- -. �Jffl �t'l. - —LEGAL -DESCRIPTION 'i/0 -A_PARCEL:.OF iANDADCATED414 THE--WEST-HRLF_Of SECTION 9,:::TOWNSHIP -1 NORTH,::RANflE..68: WEST _ ....... .-OF: THE::SIXTH::PRINCIPAL MERIDIAKJIELD_COUNTY, 01.:DRADELBEING MORE.;PARTICULARLY DES.CRI$ED AS::FOL:L.OWS, CA EENCEIG=A "ThE"?dr _3RTHWESTTCORNER 13F =SAID SECTION 9 AND:::CONSIDERING::THE 9 x n ...... WEST :1HEH£i2£Df TD::BEAR SOItLH t}D 4D f3Q i}ESi 6iITH ALi .fl3t1ER::S'EAiZEfJfl5'_GONTAINE#t ::HEREIN:::BE:ING RELAT.tME JHER£TDx.._ HENCE--=SIIUTREOO OO OO'« WEST' :-:1997:: :7:=FEET `#4. ;HE::=T'RUE -- ------------- -.. - POINT:OR,BEGI:NNI'NGI z r ....-.-..- _ THENCE::1011TH .88 46-:`_S3":-EAST,..974-8 n' ET"T • THENCE:SOUTH i10g 12' I5" EAS₹.,..:9bf 4I_ffET T(}-:A:_.POINT ON THE:_:NORTHERLY::-RIGHT-OF. WAY::LINE _ ---• THENCE::'NORTH $QU-_:3V 42" WEST=ALONG SAID_R-ItifI:-DF-WAi , 982,32:::€EET TO:::A..POINfi:::ON THE"::WEST ------ ------- --------------- -- -. '{'HENCE::NORTH OO"._"DO`- Off".:::LAST::.At ON& SAID WEST:LINE,::846 70:€EEI TO THE'.:-TRUE P.OINT:tOF -BEGINNING RAY D. BOF:FEY...AND.--DARLEEN:.:R,_.BOFFfY BE:It4G THE SOLE OWNERS- IN"F€E OF-'THE ABOVE:PROPERTY- DO ::_ -HEREBY=SUB.DIVIDE:::THE::SAME':AS:':SHOWN flN-THE ATTACHED t1AP, " ------- -- __:-__ ! OAR[fA LEEK '-R BDFFE 1 ::- r •a::.x.. ,� -- ffFARJAL-=CERTIFICATE STATE OF G:OLOIRADO CODNT.Y..DF..:WELII ............s - ....3ikE:":FE3REGDT EiG _CER3I FICF#T_E::3FAS ACKNDWLE{TGI_II-SL tftRE IdE:TH:I5 DAt=DF A`t'e_A,D�:; I98T:, BY::RAY:::I ....BD.FFEYE'ANDAIARLE:ENT L 1BOEFEy '--7_ ------- -------.................__......... ---rt.COW4ISS1DN::EXP'I.RES:•----- . .: _ %UTRESS IY HAN#}AND SEAL, - {, ....„.. ...... .............. ------ _ — . .. . . _ _-_ TARY PUBLIC .........t ,.... Y 4 SURVEYDR*S-EERTIF.ICATI; .: ............._._ s - --a 3 a n- .I:DO HEREBY CERTIFY THAT;THIS PLAT VAS--PREPARED ON- APRIL-1A; :1981':UNDER MY.:SUPERVISION MID THAT' �y IS CORRECT TO-=THE BEST_flF #4Y KNOWLEDGE AND BELiEf - s — &f s ___ — � 0 B. McRAE;.>PRDFf SION`AL ENGINEER 1 } -.-AND LAND:SURVEYOR, COLORADO RED. ND fifilfi :..: r `ice ... �xCO I{3�iTi!' t6 Ok. _S i3NERS ---------------- ----------- -------- .-. ' • THE ACCO Y PAT ACCE . ... ATTEST: elt!/iaa 1 '' COUNT LERK - CHA OF THE B TrilvCUONTi' Lth1miSSIONERS /f Dealt'CoartY Gedr BY: vv DATE: McRAE & SHORT, INC. 1227 -Liu Avenue Greeley. ColorWo 80631 `` ,,moats . a RECC.AIDED EXEM� i ION NO. 1467- 9-2-RE496 SHEET 2 OF 2 ,0i ;/P/a'coanfy Road ,f. /2 i - 5063 • M. f 1 > 11 _ r _ D,...4730 • 4 II ti fff illIE -wwm ..r a .. .... 1 - . . Scaleii"• 200' k/P/dCaunty /Food .1/o_.Jo sat R , lino round 61eM.... 9, T iLt, Ras iv• r Pins ail LOCATION MAP :.MAP 9; SCALE? 1:!000' x 1/2 t-• "‘ 77-cato �oi.r77:of Beginning t ,An ft Union aro/-elec.tr/c'/7873,?. :"in Lai' A t pfxls�in Jh N87 P moo, /5.27.,5. 7 �.. � '30 207jt7 __974, :8 0:: °le ' { 9>i of fifr3 .:_:. 144 Gof B T/;t/, 1i.GpN/ - . ._ q 42•.{t/ 10 anion ag2. ,9,? - # : rood' • 1. SW dor: sue•. 9 - T. /A/ R 69W. t O1 McRAE & SHORT, INC. 1227•-eth Annua Ora 8/09 alay. Colorado B0031 ;martyr NO. 8/04(0 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO May 12, 1981 Board of County Commissioners 915 10th Street Greeley, Colorado 80631 RE: Recorded Exemption #496 Dear Commissioners: The attached application, plat and related items are in reference to a request from Ray and Darleen Boffey for approval of a Recorded Exemption. The property under consideration is described as part of the Wz, Section 9, T1N, R68W of the 6th P.M. , Weld County, Colorado. This property is located 12 miles northeast of Erie. The property contains approximately 20 acres of Class III and IV non-irrigated soils. The request is to divide the property into parcel of 10.2 and 10.2 acres. On April 8, 1981 the Board of County Commissioners approved a request for a hot Size Variance so that the Boffey's could make application for this recorded exemption. At the time the Board made the decision on that request, the Department of Planning Services Staff submitted a letter to the Board. A copy of the recommendation letter is included attached materials. ( Respe tfully, c? Thomas E. Honn Zoning Administrator TEH/ard 5-12-81 E4!.0582 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE yg 1 APPL . FEE .ZO ,c1:, ( I-1st ZONING DISTRICT ck tismL4.4*0 RECORDING FEE $ 41,001 DATE t•aa- Si - RECEIPT NO . APPL . CHECKED BY `iV%P#9K VZ 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 : Section 9, Township 1 North, Range 68 West (See Schedule A attached hereto and incorporated herein for a more complete legal description of the two tracts involved. Tract A has 10. 24 acres and Tract E 10 . 28 acres, totaling 20 . 252 acres) (Tract A) (Tract E) Total ACREAGE : Lot "A" 10. 24 acres ; Lot " B" 10 . 28 2n 252 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No xx Are there any existing improvements on Lot A? Yes No xx Lot B? Yes xx No FEE OWNERS OF PROPERTY : Name : Ray D. Boffey & Darleen Address 4510 WCR 5. Phone Name : R. Boffey (Tract E) Address Erie. CO 80516 Phone 666-9166 Name : Ray D. Boffey (Tract A) Address 4510 WCR 5 , Phone 666-9166 Erie, CO 80516 WATER SOURCE FOR: Lot "A" well ; Lot " B" well TYPE OF SEWER FOR : Lot "A" septic ; Lot "B" septic PROPOSED USE FOR : Lot "A" residential ; Lot "B" residential 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 ) Signature : Owner or ho ized Agent Subscribed and sworn to before me this 13th day of April , 19 81 • My ccwsnission expires March 20, 1984 . SEAL Public My Commission expires ; &10582 DEPARTMENT OF PLANNING SE:I:iC_5 PHONE 13031 3564000 EXT.404 915 10TH STREET _ GREELEY,COLORADO 80631 \i_rtj ') April 8, 1981 COLORADO Board of County Commissioners Weld County, Colorado 915 IOth Street Greeley, Colorado 80631 Re: Lot Size Variance 1/126:81 :4 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Ray and Darlene Boffey. The property on which this request has been made is described as part of the NW, and part of the WI, Section 9, TIN, R68W of the 6th P.M. , Weld County, Colorado. This property is located II miles east and 3/4 mile north of Erie. The property under consideration contains approximately 20.252 acres of class III and IV nonirrigated soils. The request is to obtain a variance from the minimum lot size requirement, Section 9-4 A. (6) of the Weld County Subdivision Regulations, so that they may make applica- tion for a recorded exemption. Mr. and Mrs. Boffey wish to divide the property into two 10.2 acre tracts in order that they may sell on 10.2 acre tract as a residential building site. Given the information submitted, the characteristics of the surrounding area, and the adopted policies in the County, the Department of Planning Services staff was unable to arrive at a recommendation with regard to this lot size variance request. The Department of Planning Services staff presents the following informa- tion to the Board for their consideration: 1 . The town of Erie Planning Commission has no objections to this request for a lot size variance. The parcel is miles east and 3/4 mile north of Erie. 2. The property is surrounded by existing residential development. Scott's Acres is located $ mile to the north and east of this property. Parkland Estates is located in the entire north half of Section 8, immediately west across the road from this parcel . To the south and north in Section 9 numerous small parcels exist. These have been primarily subdivided prior to 1972. In the vicinity of this property three (3) recorded exemptions have been approved, and one lot size variance has been denied. X Board of County Commissioners April 8, 1981 Page 2 3. The intent of the Agricultural Zone District (Section 3.3. A. ) of the Weld County Zoning Resolution is outlined below: " Intent - the intent in establishing the "A" Agricultural Zone District is to allow all agricultural related uses in those areas in which agriculture is and should continue to be the predominant land use. This district is intended to discourage encroachment of incompatible uses upon the agricultural land in the district, to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict therewith, and to provide for the orderly expansion of urban growth in con- formance with the Weld County Comprehensive Plan. (Rev. 12/29/76)" The development of this parcel may not provide for the orderly expansion of urban growth in that the Department of Planning Services staff feels that the recorded exemption process should not be used as a substitute for complete subdivision of a parcel . However, the subject parcel has essentially been subdivided by the access road bisecting the property into two (2) equal pieces. Additionally, the subject area has had much land division in the past. Respectfully, ��cl e,�i�r>J,c ► Tf tk- Vickie Traxler Assistant Zoning Administrator VT:rg APProU>Zd by re) L' C s— o E?.? 0582 CASE NO. Z,5/7- •Q(O 1?-/-66) k1 66 I V y °z 3 R , `J 67 Y `aa i `, • Co .. • {{ tits. . . • 67 i. 92 { °0 0 79 c . 4 `t . . i .a I65 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 40 T-a 6 7 _ ( e- 79 1L jilt E"'..0582 FIELD CHECK F1 LIN'G _NU:,;BER: _ LSU 12-6- DATE OF INSPECTION: 3-27-81 NAME: Ray and Darlene Boffev REQUEST: LEGAL DESCRIPTION: LAND USE: N Agriculture and Tracts E Tracts s Agriculture and tracts ly southwest- Agriculture, northwest -Parkland Estates ZONING: 14 Agriculture LOCATION: miles t en-el E ' 3/4 miles north of Erie 4510 W.C.R. 5 1S COMMENTS: Residence on Tra • Trart A presently undeveloped dryland stubble North, east, and south of the subject area are various sized tracts. The area adjacent is primarily non-irrigated. Northwest of the site is Parkland : Estates subdivision. • 119 BY: I A--1Q54IAt - p'rfl2 CO F?PL3CANT Ray and Darlene Bof fey < CASE " LSV-126:81:4 REFERRALS .SENT- OUT ON: March 12, 1981 z v REFERRAT.S TO BE RECEIVED BY: March 26, 1981 o H V H Z u H P o v REFILLS RECEIVED - %‘ County Health X County Engineer - Glennie Sleight - March 19, 1981 Town of Erie, P.C. 449-3085 or 828-3843 P.O. Box 98 Erie, Colorado 80516 _ State Engineer Division of Water Resources 1313 Sherman Street Room 8.18 Denver, Colorado 80203 et.0582 LAW OFFICE • HARLAN G. STIENTJES, P. C. FIRST NATIONAL BANK BUILDINO SUITE 201 OREELEY,COLORADO 80601 AREA CODE 003 aaa-0000 February 26 , 1981 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Application for Lot Size Variance of Ray D. Boffey and Darlene R. Boffey Dear Commissioners : Attached to this letter you ,will the following documents : 1 . Application for Lot. Size Variance ; 2 . 1968 Survey and divisions of Tracts K.-through E; accomplished by Nelson, Haley, Patterson & Quirk; 3 . Well permits for Tracts A and E. Tract E is presently fully developed with a residence and that well is operational . Tract A has a well permit pre- sently and as indicated is submitted to you with this transmittal letter; 4 . Copies of the two deeds from Edna Phyllis Coburn to Ray D. Boffey and Darlene R. Boffey recorded March 6 , 1979 in Book 862 at Reception #1783636 and #1783637 on March 6 , 1979 . (The title to Tract .E has subsequently been conveyed to Darlene R. Boffey and Ray D. Boffey as the lender ' s requirement on the loan on their residence presently existing on Tract E- ).; 5 . Application fee of $65. 00 made payable to the Weld County Planning Commission; By way of explanation, the Boffeys are requesting that the lot size variance be granted for two major reasons. First, the particular ground in question was broken up into tracts back in 1968 which was previous to the present laws concerning sub-divisions and minor sub-divisions . There presently exists residences on two of the three tracts . In fact, Tract C has four residences on it and Tract E, the other tract owned by Mr. and Mrs . Boffey, has one residence. e ,O582 The second major reason for the request is that Tract A and Tract E are physically divided by the easement granted to the owners of Tract B, D and C which runs down the middle of Tracts A and E. This presents a physical barrier that does not lend itself towards development of the whole property as one tract. In addition to those major reasons, your petitioners would also point out that no additional road accesses would be nece- ssary as the road access on WCR 5 would be through the present access. Additional road services would not be necessary from Weld County as it is a private easement running down the middle of these various tracts . This easement down the middle of the various tracts is presently twelve feet (12 ' ) wide. Tract E has road frontage of 423 . 35 feet . and' Tract A has the same amount of road frontage. A copy of the title insurance commitment originally given to the Boffeys is presented for purposes of identifying any other easements or right of ways on the property. A similiar matter can before the Board of County Commissioners in 1977 when Ruth M. White and Betty Jo Hadley made a similiar request on Tract C. At that time, the Department of Planning Services recognized that the ground in question was non-irrigated land with Class III and IV non-irrigated soils. At the time the property in question was divided, it met the applicable zoning resolutions of Weld County. At the present time neither the entire parcel of land in question nor the Tracts A and E would individually need the lot size requirements established by the Weld County Zoning Resolution. The County has previously acknowledged that the land in question or at least the adjacent land is non-productive agri- cultural land and the surrounding land is utilized for residential purposes , therefore, the proposed uses would be compatible with land uses in the surrounding area . The 10 . 124 acre parcel to be split, although it is already separated and split from Parcel E, has very low utility for agricultural use due to the small acreage involved and the poor soils underlying the property. All necessary utilities presently exist on the proposed 10 . 124 acre parcel . We would not anticipate that the Erie Planning Commission or any division of the Weld County government would object to the proposal for any valid reason. It is very difficult to state that a lot size variance is needed. It seems that the subject property was divided prior to the existence of the present regulations and the simple ac- knowledgement of this fact by the Weld County Board of County Commissioners together with instructions to the building depart- ment to issue an appropriate building permit would resolve the problem and controversy. If required, the Boffeys would, after approval of the lot size variance, proceed with their application for a recorded exemption to divide the property as herein pro- vided but would prefer to save this expense and complexity . Ft 0582 7 The second major reason for the request is that Tract A and Tract E are physically divided by the easement granted to the owners of Tract B, D and C which runs down the middle of Tracts A and E. This presents a physical barrier that does not lend itself towards development of the whole property as one tract. In addition to those major reasons, your petitioners would also point out that no additional road accesses would be nece- ssary as the road access on WCR 5 would be through the present access. Additional road services would not be necessary from Weld County as it is a private easement running down the middle of these various tracts. This easement down the middle of the various tracts is presently twelve feet (12 ' ) wide. Tract E has road frontage of 423. 35 feet and Tract A has the same amount of road frontage. A copy of the title insurance commitment originally given to the Boffeys is presented for purposes of identifying any other easements or right of ways on the property. A similiar matter can before the Board of County Commissioners in 1977 when Ruth M. White and Betty Jo Hadley made a similiar request on Tract C. At that time, the Department of Planning Services recognized that the ground in question was non-irrigated land with Class III and IV non-irrigated soils. At the time the property in question was divided, it met the, applicable zoning resolutions of Weld County. At the present time neither the entire parcel of land in question nor the Tracts A and E would individually need the lot size requirements established by the Weld County zoning Resolution . The County has previously acknowledged that the land in question or at least the adjacent land is non-productive agri- cultural land and the surrounding land is utilized for residential purposes , therefore, the proposed uses would be compatible with land uses in the surrounding area . The 10. 124 acre parcel to be split, although it is already separated and split from Parcel E, has very low utility for agricultural use due to the small acreage involved and the poor soils underlying the property. All necessary utilities presently exist on the proposed 10 . 124 acre parcel . We would not anticipate that the Erie Planning Commission or any division of the Weld County government would object to the proposal for any valid reason. It is very difficult to state that a lot size variance is needed. It seems that the subject property was divided prior to the existence of the present regulations and the simple ac- knowledgement of this fact by the Weld County Board of County Commissioners together with instructions to the building depart- ment to issue an appropriate building permit would resolve the problem and controversy. If required, the Boffeys would, after approval of the lot size variance, proceed with their application for a recorded exemption to divide the property as herein pro- vided but would prefer to save this expense and complexity. el 0582 Please advise when this matter is set for heaiing before the Board of County Commissioners. Your truly, Harlan C . Stientjes HCS/smkb Encl (s) • • • • Et I 0582 LAW OFFICE HARLAN G. STIENTJES, P. C. FIRST NATIONAL BANK BUILDING SUITE 201 ORES LEY,COLORADO 80631 AREA CODE 303 363-9000 April 13, 1981 Weld County Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 Re: Lot size variance approved - Ray D. Boffey and Darleen R. Boffey; Application for Recorded Exemption. Dear Sirs: Enclosed is the Application for Recorded Exemption for Raymond D. Boffey and Darleen R. Boffey. This matter was previously the subject of a lot size variance approved by the Weld County Commissioners on April 8, 1981 . Enclosed is a copy of my letter submitted to the Weld County Com- missioners at that time stating the reasons for the request. Those reasons would be incorporated herein as the next logical step towards the anticipated use of the property. We have enclosed copies of the two deeds wherein the Boffeys received this property as well as the title policy showing the ownership of the lots. Also enclosed is the certificate from Chicago Title Insurance Company as required by your procedures. Enclosed is my check in the amount of $20 . 00 for the application fee. By all means if you have any questions relative to this matter, please let me know. I will anticipate that you will advise me of the hearing date before the Planning Commission and the hearing date before the Board of County Commissioners. A Yo rs tru (y: co67 ₹3910 Harlan C. Stientjes 3b >> HCS/Enc l smkb i �¢\5scalp%• �\ ¢�M �� cc: Ray and Darleen R. Boffey O'?� g 4,0582. ' ii ( ./ a . l, 1 ' a a ,• 7a a � ("?erl 44 7 Yi . v' I - fit ,: `. . I : , i 14 I.. - �t},- 117'' �. .r6 I 4. 1 yt P 14 eit KE f..)pl\ • p ! p x ' p } �N is , cyi t .. .., - { 4tr ` k -♦ r 'A OSS2 That portion of the Wz of Section 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, described as follows: TRACT "A" • Commencing at the West quarter corner of said segticn 9 , and considering the West line of said Section 9 to bear North 00 00 ' 00" East and with all other bearings contained herein relative thereto; Thence North 00 00 ' 00" East along the West line of said NW-, 255 . 36 feet to the TRUE POINT OF BEGINNING; thence continuing - North 00°00 '00" East along the West line of said Section 9 a distance of 423. 35 feet to $ point from which the Northwest corner of said Section 9 bears North 00 00 ' 00" East 1,997. 27 feet; thence North 88O46 ' 33" East 974. 67 feet; thence South 00°12 ' 15" East 481. 01 feet; thence North 87°50 ' 20" West 976 . 86 feet to the TRUE POINT OF BEGINNING: EXCEPT any portions thereof which may be included within a strip of land 50 feet in width which may be crossed by the Community Ditch, as conveyed to The Community Consolidated Canal and Reservoir Company by Warranty Deed recorded in Book 283, Page 140 , Weld County Records. TOGETHER with any and all water rights appertant hereto, particularly well permit No. 104228. TRACT "E" Beginning at the West quarter corner of said Section 9 and considering the West line of said Section 9 to bear North 00°00 ' 00" East and with all other bearings contained herein relativ thereto: Thence North 00°00 ' 00" East along the West line of said Section 9 a distance of 255636 feet; thence South 87 50 ' 20" East 976 . 86 feet; thence South 00°12 ' 15 " East 479 .9 feet to a point on the North right-of- way line of the Union Pacific Railroad; thence North 84°32' 42" West along said North right-of-way line 982 . 32 feet to a point on the West line of said Section 9 ; thence North 00°00 ' 00" East along the West line of said Section 9 a distance of 167.99 feet to the POINT OF BEGINNING; EXCEPT any portions thereof which may be included within a strip of land 50 feet in width which may be crossed by the Community Ditch , as conveyed to The Community Consolidated Canal and Reservoir Company by Warranty Deed recorded in Book 283 , Page 140 , Weld County Records. TOGETHER with any and all water rights appertant hereto, particularly well premit No. 104228. Together with all ditch and water rights connected with or appertaining to said premises, including 2.03 shares of Capital Stock of the Farmers Reservoir and Irrigation Company. e4 058? RECORDING DA1A - MAPS & P( TS NAME OF S(,RDIVISION $ec ExiJ1467-9.2-BEb9Fa NAME OF SIiRDIVIDER Boffey Ray D_& Darleen R Pt W2 S9 T1 R68 Weld County Colorado ( (ifATION OF SUBDIVISION185814G MAY 1 91981 BOOK 936 PE(�E.PTION # DATE OF RFCORF 1NG File-4 3034 MARY ANN FEUERSTEIN MELT) COUNTY CLERK AND RECORDER DEPII1FY COUNTY CLERK & RECORDER �.� 0582 Hello