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Home My WebLink About870309.tiff DEPARTMENT OP PLANNING SERVICES SUBDIVISION EXEMPTION pii2U9782 ADMINISTRATIVE REVIEW Case RISE-303 Applicant: Brawner and Nix Legal Description: Part of the NW} NB' of Section 5 and part of the NE} NE} of Section 6, T6N, R64W of the 6th P.M. , Weld County, Colorado. N 0 Criteria Checklist o U Meets Criteria ri O• Yes No NA q 1. The proposal is consistent with the policies o w X of the Weld County Comprehensive Plan. O 3 use location o x 2. The boundary change or temporary r erty A X which would be allowed on the subject p ot aible by granting the request will be comp o with the surrounding land uses. ursuant to VD 3, In those instances when used Weld County Section 9-3 B. (2) of the Subdivision Regulations, the request is the best alternative to dispose of existing CO V improvements in conjunction with the companion r z Recorded Exemption. N H cH o CO W APPROVED N co CA roved in accordance with info ftie Department submitted Subdivision Exemption of the County. • 2 in the application and the policies N Subdivision Regulations have been met. Planning Services has determined throughrough its review that the standards of o Section 9-3 E. • W. W �C x vo f1N N Date A ril 23, 1987 H By � aa w C r Plan r 87030 LEGAL DESCRIPTION NIX PROPERTY - LEGAL DESCIPTION A parcel of land situated in the NW} NW} of Section 5 and in the NE} NE} of Section 6, T6N, R64W of the 6th P.M. , Weld County, Colorado,more particularly described as follows: Commencing at the northwest corner of Section 5; Thence easterly along the North line of said Section 5, a distance of 119.0 feet; Thence Southerly o0 U along a line parallel with and 216.0 feet distance easterly, measured at 0 right angles, from the centerline of the abandoned original main track of N 0 the Pleasant Valley Branch of the Union Pacific Railroad Co., as formerly constructed and operated, a distance of 817.14 feet to the TRUE POINT OF Ca BEGINNING: Thence Westerly, at right angles to the last described line, a 0 3 distance of 316.0 feet to the intersection with a line parallel with and 100.0 feet distant westerly, measured at right angles, from said centerline a of abandoned original main track; Thence Southerly along said parallel line, aa distance of 420.0 feet; Thence Easterly, at right angles to the last 0 described line, a distance of 248. 1 feet to a point on the existing W centerline of Weld County Road 51; Thence along said existing centerline of rig Weld County Road 51, the following two courses and distances: North .. o 00°33'50" East, 197.35 feet; North 02°14'55" East, 114.89 to a point; Thence East 61.45 feet to a point on the East boundary line of the right-of-way of a the Union Pacific Railroad Company; Thence North 107.86 feet along the East Wr- 4 line of said right-of-way to the TRUE POINT OF BEGINNING. Said parcel coo containing 2.58 acres, more or less. NZ H N H W o Cr) BRAWNER PROPERTY - LEGAL DESCRIPTION W N a A tract of land being a part of the West 1/2 of the Northwest 1/4 of Section cog 5 in Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State r of Colorado described by boundary lines as follows: Beginning at the point NZ on the East boundary line of the right-of-way of the UPRR Co. , 119 feet East 0 and 925 feet South of the Northwest Corner of said Section 5, thence running >' West 61.45 feet to a point on the existing centerline of Weld County Road a 51; Thence along said existing centerline of Weld County Road 51, the following two courses and distances; South 02°14'55" West 114.89 feet; South -+"' 00°33'50" West, 197.35 feet to a point; Thence East 67.90 feet to a point on un CA I N, the East boundary line of the right-of-way of the UPRR Co. ; Thence South H Hi 111.56 feet along the East line of said right-of-way to a point; Thence East cog' 179.2 feet t a point; Thence North 423.2 feet to the Southeast corner of Lot 15 in Block 9 in the Town of Zita (Galeton) , according to the recorded plat of said town or town site; Thence West 177.6 feet to the point of beginning. Said parcel containing 2.20 acres, more or less. 870309 t , `= • DEPART•NT OF PLANNING SERVICES �`'� `, PHONE(303)356.4000 EXT.4400 'i , esti ' 915 10th STREET $ - GREELEY,COLORADO 80631 COLSRADO April 21, 1987 Lind & Ottenhoff 1011 11th Avenue P.O. Box 326 Greeley, CO 80632 - Dear Mr. Brawner and Mr. Nix: Your subdivision exemption application is complete and in order and will be . . processed by our office on or before April 23, 1987. If it is determined that the application meets the approval criteria of Section 9-3 E. of the Weld County Subdivision Regulations, 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 at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the subdivision exemption. If you have any questions concerning this matter, please feel free to call me. Respectfully, Brlian 3. ' gle Current Planner BJB:dy LIND & OTTENHOFF ATTORNEYS AT LAW �__3 THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 • GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (303)3532323 April 17, 1987 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Subdivision Exemption Gentlemen: Enclosed with this letter please find a completed Application Form and Subdivision Exemption Plot Plans . The basic purpose of this request is to modify and change property boundaries between the Nix property and Brawner property. The new property lines will result in the division of the properties being the center of Weld County Road 51 . At the present time there is disputed access to County Road 51 from the Brawner property and approval of this Subdivision Exemption will correct that disputed ingress and egress. Additionally, pursuant to your requirement applications , please find copies of deeds showing property ownership in the applicants. Very truly yt r- , LIND n T;,;y OF Ke th Lind KFL/cg Enclosure APPLICATION FOR SUBDIVISION EXEMPTION • PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 e ar P FOR PLANNING DEPARTMENT USE ONLY: y� CASE NO. APPL. FEE 4544251 OO ZONING DISTRICT - RECEIPT NO. A575/441 5 Lj/'41 DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : 4N (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 9-3 of the Weld County Subdivision Regulations by the -Weld County Board of County Commissioners. General legal description of total involved parcel(s) Section 6 and 5 T ' 6 N, R 64 W • Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No xx FEE OWNERS OF PROPERTY: • Name: Everett E. and Peggy J. Brawner Address: 5100 Leetsdale Dr. #233, Denver, CO 80222Phone 393-2012 Name: Mr. and Mrs. Rov Nix Address: Box 1334, Berthoud, CO 80513 Phone 532-3185 Name: Address: Phone Total acreage of the total property involved: 3.05 acres and 1.73 acres Existing land use of the total property involved: Agricultural and rural residential - Existing land use of the Agricultural and rural residential in all directions. adjacent properties: North: South: East: West: 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. - STATE OF COLORADO ) COUNTY OF WELD ) g a-fure: Owne Author zed Agent Kenn F. Lind, authorized agent Subscribed and sworn--to before me this - 17th day of - April , 1987 . SEAL Notary P J is My Commission Expires / Augus $ it l.+ ii'tI V E t 22, ;1.98,7 My Commission expires: APR 21 X9$7 II Weld Co. Planning C9wIssiea Recorded at Sr5 ? QM1 Colorado oac 94342 a._...._.........ce No• �S DEED, Made this 17th 1 day of March RECORDER'S STAMP 19 76,between GREGORY A. PARDINGTON rn • et of . Comity of Weld and State of Colorado,of the first part,and I:YiSHSI'T E. BRAWNER and PEGGY J. DRAWER ° 35774 NCR #51 — Galeton, Colorado of the County of Weld and State of Colorado,of the second part: o WITNESSETH,that the said part y of the first part,for and in consideration of the sum of other good and valuable consideration and TEN AND NO/100ths DOLLARS, r to the said part y of the first part in hand paid by the said parties of the second part,the receipt whereof is o hereby confessed and acknowledged, ha a granted, bargained,sold and conveyed,and by these presents do ep o grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy,all the following described lot or parcel of land, situate, lying and _�. being in the County of Weld and State of Colorado,to wit: A tract of land being a part of the West 1/2 of the Northwest 1/4 of Section 5 in Township 6 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado described by boundary lines as follows: Beginning at the point of the East boundary line of the right of way of the UPRR :r.8-S1 Co., 119 feet East and 925 feet South of the Northwest Corner of said Section 5, y,� , running thence south 423.7 feet along the East line of said right of way to a ,'"„t point; thence East 179.2 feet to a point; thence North 423.2 feet to the South{$. east corner of Lot 15 in Block 9 in the town of Zita, according to the recorded fE � plat of said town or town site; thence West 177.6 feet to the point of beginning. a/k/a: 35774 WCR #51 — Galeton, Colorado TOGETHER with all and singular the hereditament and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders,rents,issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part,either in law or equity, of, in and to the above bargained premises, with the hereditament and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said part y of the first part,for him self , his heirs,executors,and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and ha s good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever except for the 1976 taxes which are due and payable in January, 1977; and subject to all easements, restrictions and reservations of record, if any. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha s hereunto set his band and seal the day and year first above written. (n/ Signed,Sealed and Delivered in the Presence of '813-4-1. L,� �!` �-, goitrr-"c/ Pardington ( 'ETATkLLt Oy.COLORADO, " \\cT4,/?fret WELD ,J,The Peke ig_insteueieht was acknowledged before me this 17th day of March 19 01,, y['/11 L1C o - GREGORY A. PARDINGTON ev � I yaymmimd'oiita iha Sept. 20 ,1979 .Witness my hand anQoffici •aeaL ea . ' Noun Paco. r:: • • r'`i 15x+"s„•�L4 1 i 1_t. m '._' t - \ 4.. . i •+ t ' :.•y 4 r.:al, rita .l; R.3.4•4";•y;.0 y^ ; +. A ‘..2. t t . b .y t" . _ f�`l✓Q.,pp7 a Azaa. .1: i . . .s" . , .. • . ' x'758 ,�,m, fY � ,.d,,, M JAN 2 21976 — . � rh 1872542 s. :.. 9 bz f_Iftt - C. D. No. ORIGINAQ, , �1 -+ `b t.. I QUITCLAIM DEED c� '/ i• THIS DEED, Made as of the p;A- day of N �ifb'Gv ., 191, between UNION PACIFIC RAILROAD COM- a 1AYacorp ation duly organized, incorporated and existing _ a under and b virtue of the laws of the State of Utah, Grantor, and ROY H. NIX and IRENE NIX, husband and wife, of Berthoud, .�-: Colorado, Grantees: • WITNESSETH, That the Grantor, for and in considera- ( OF tion of the sum of one thousand sixty-seven dollars and fifty n cents ($1,067.50) in hand paid, the receipt whereof is hereby confessed and acknowledged, does hereby REMISE, RELEASE and QUITCLAIM to the Grantees, their heirs and assigns, forever, • • o all its right, title and interest in and to the real estate • • situate in the County of Weld, State of Colorado, described +E in Exhibit A, hereto attached. r This deed is made SUBJECT to the follwing: . gkAll taxes and all assessments, or, if payable in installments, all installments of assessments, levied . . upon or assessed against the premises described in Ex- hibit A which became or may become due and payable in the year 1975 shall be prorated as of the date of this deed between the Grantor and the Grantees, and the Grantees assume and agree to pay, or to reimburse the Grantor for, if paid by it, all such taxes and assess- , ments and installments of assessments applicable to the period subsequent to the date of this deed and assume all taxes and all assessments and all install- ments of assessments which may become due and payable 4 after such year. It is expressly understood that the subjacent support ( of the premises described in said Exhibit A may have been im- paired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of said premises is upon the condition that the Grantor, its successors and assigns, ' shall not be liable for damages resulting therefrom. . • IN WITNESS WHEREOF, the Grantor has caused these presents to be signed by its vice President and attested by its Assistant.SgcrAtary, and its corporate seal to be here- unto affixed aldiy!apd year first above written. ,it \•".' Attest: �; UNION P CIFIC RAILROAD COMPANY, ..r sal) By cePresident s t ry:' i .fir it-tkr....2. 3'Fc•4. 1 t-i,. t ,. "{: .4 c'1 41,,27,9, ,t.� {.w.F.�ay /P :r ti,,, J ) r S. 1• rill ; \,a a . ` • --7758 3e7954x ' , STATE OF NEBRASKA ) BS. COUNTY OF DOUGLAS ) ' • % • IThe foregoing instrument was acknowledged before me this /27? day of , 1976 , by C. B. SCHAEFER, Vice President of Union Pacific Railroad Company, a Utah corporation, on behalf of the corporation. • % a • • L Notary Pablic 1 1 • R #6i Y F. (Seal) con * * Dna cbs U I f • I - . 4 • 4111 Est 7•; w ;%$• rrei p`ii.'* >.S F F 1. f,-.-'..t �' .e,,..),--e-^iI 4 Sc 1.4 r.LL `h b '' �{.t'Y �'-• ..,:-r•••:,1"-•'?4:..4• ; -' J '.4 ;'t-' 3. t 7 t;"tr�t�l''-''-'4.'ti { F b F i j. \fit ,'1 ".,� ��i,. %. �'Ff "t l\\ •' 7 8 1679542 C. J. No. 52622-12 • 33 N. EXHIBIT A f A parcel of land situate in the nigh NWh of Section 5 and in the NEB N51 of Section 6, T. 6 N., R. 64 W. of the Sixth Principal Meridian in Weld County, Colorado, more particularly described as follwas Commencing at the northwest corner of Section 5; thence easterly, along the north line of said Section 5, a distance of 119.0 feet; thence southerly; along a line parallel with and 216.0 feet distant easterly, measured at right angles, from the • centerline of the abandoned original main track of the Pleasant Valley Branch of the Union Pacific Railroad Canpany, as formerly constructed and operated, a distance of 817.14 feet to the true point of beginning: thence continuing southerly,along the extension of the last described line, a distance of 420.0 feet; ` thence westerly, at right angles to the last described line, a distance of 316.0 feet to the intersection with a line parallel with and 100.0 feet distant westerly, measured at right angles, from said centerline of abandoned original main track; thence northerly, along said parallel line, a distance of 420.0 feet; • thence easterly, at right angles to the last described line, a distance of 316.0 feet to the true point of beginning. Containing an area of 132,720 square feet, more or less, or 3.05 acres. , Hello