HomeMy WebLinkAbout860376.tiff RESOLUTION
RE: DENIAL OF RECORDED EXEMPTION NO. 844 - CHARLES AND ROSA DAVIS
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, the Board of County Commissioners, pursuant to its
authority under Section 30-28-101 (10) (d) , CRS, as amended, at a
meeting conducted on April 9 , 1986 , did consider the request of
Charles and Rosa Davis for Recorded Exemption No. 844 concerning
property which is located in part of the SW4, Section 18 , Township
2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, this request was to divide the property into parcels
estimated to be approximately 7 acres and 4 acres, and
WHEREAS, a motion was made to approve the request for
Recorded Exemption No. 844 , which resulted in a tie vote , with
Commissioners Brantner and Yamaguchi voting aye and Commissioners
Johnson and Kirby voting nay, and
WHEREAS, it was determined that , because Commissioner Lacy
was excused from said meeting, he would review the record and
listen to the tape of the proceedings and cast the deciding vote
at the meeting of April 21 , 1986 , and
WHEREAS, at the meeting of April 21 , 1986 , having reviewed
the record and listened to the tape of said matter , Commissioner
Lacy voted nay on said motion; therefore, the request for Recorded
Exemption No. 844 is denied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado , that the request of
Charles and Rosa Davis for Recorded Exemption No. 844 be, and
hereby is , denied.
860376
Page 2
RE: DENY RE #844 - DAVIS
The above and foregoing Resolution was , on motion duly made
and seconded, adopted on the 21st day of April , A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: Te WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING NAY
and Clerk to the Board Jacquel ' son Chairman
7 • - NAY
67)1--ni-ce_. Go ,. Lac , - em
eputy CountyQA_L-24--to__.)
rk
AYE
APPROVED AS TO FORM: e /ems R. Brantner
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County Attorney � �//„fl�l�J,Cz
JNAY
YE
Frank Yami�li
860376
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
ik
COLORADO Xu Coty
April 9, 1986O7 /21
42
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, Colorado 80631
Re: Recorded Exemption #844
Dear Commissioners:
This request is from Charles and Rosa Davis for a recorded exemption. The
parcel of land on which this request is being made is described as part of
the SWi, Section 18, T2N, R67W of the 6th P.M. , Weld County, Colorado.
The property is located east of Weld County Road 13 and adjacent to and
north of the Firestone City limits on Weld County Road 20. The property is
approximately 11 .019 acres in size and is the total contiguous land holdings
of the applicants. The request is to divide the property into parcels of
7.019 acres and 4 acres, more or less. The Davis family wishes to sell the
4 acre parcel in the future for residential purposes.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be denied for
the following reasons:
The proposal is inconsistent with the Weld County Comprehensive
Plan. The Comprehensive Plan encourages proposals for new
residential developments that adjoin existing municipalities, as
long as they conform to the desires of the towns as expressed in
their comprehensive plans. In a letter dated March 20, 1986, the
Tri-Area Planning Commission recommended denial of this request.
The letter stated, "The Tri-Area Planning Commission saw what is
considered unplanned usage of land in the case of this recorded
exemption with the possibility of uncontrolled subdividing." This
position is supported by the staff. The City of Firestone has
given no indication that the Davis property is located in its
future growth area. The presence of ten existing dwellings north
of Weld County Road 20 and within one-fourth mile of the subject
86^0376
Board of County Commissioners
April 9, 1986
Page 2
site demonstrates that residential uses dominate the Agricultural
Zone district at this location. Lots in the southwest quarter of
Section 18 (see attachment) are relatively large for residential
use, most of them ranging from approximately 6 to 23 acres in
size. The approval of this landsplit may encourage requests to
subdivide neighboring properties in the vicinity. Additional
splits will only compound what the staff views as a violation of
the intent of the Agricultural zone district.
The proposal is inconsistent with efficient and orderly
development. The Tri-Area Comprehensive Plan encourages infilling
of established town areas as opposed to development in
agricultural zone districts. To the south of this property lies
the Zadel North and South Annexations. The Zadel North Annexation
is undeveloped farmland. The Zadel Annexations are recognized as
a mid-range growth area for residential development according to
the Tri-Area Comprehensive Plan. Approval of this proposal would
encourage development to "leapfrog" over the north Zadel
Annexation and allow further development to occur prior to the
availability of urban services.
The proposal is inconsistent with the intent of the Agricultural
Zone district. Agriculture in Weld County is considered a
valuable resource which must be protected from adverse impacts
resulting from uncontrolled and undirected residential land uses.
The Agricultural Zone District was established to maintain and
promote agriculture as an essential feature of Weld County. It is
intended to provide areas for the conduct of agricultural
activities without the interference and encroachment of other,
more intensive land uses.
Respectfully,
o is V. Dunn
Current Planner
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Charles H. and Rosa E. Davis Case No: RE-844
Legal Description: Pt. SW} of Section 18, T2N, R67W of the 6th P.M. , Weld
County, Colorado.
Larger Lot Size: 7.019 acres Small Lot Size: 4 acres
Criteria Check List
Meets Criteria
Yes No
X 1. Consistent with the intent of the zone district.
X 2. Compatible with the existing surrounding land uses.
X 3. Compatible with the future development of the
surrounding area.
X 4. Complies with Overlay District Regulations.
X 5. Complies with minimum lot size requirement.
X 6. Complies with the Weld County Comprehensive Plan.
X 7. Consistent with efficient and orderly development.
X 8. Lots accessible from an existing public road.
X 9. Adequate water supply.
X 10. Adequate sewage disposal in compliance with
requirements of the Weld County Health Department.
X 11. Lots are not part of a recorded exemption approved
within less than five (5) years previous, are not
part of a subdivision, or are not part of a Minor
Subdivision.
X 12. Does not evade the Weld County Subdivision
Regulations requirements and Statement of Purposes.
DISAPPROVED
-It is the opinion of the Department of Planning Services that the applicant
has not met the standards of Section 9-2 E. (1) (a) through (m) of the Weld
County Subdivision Regulations and a hearing before the Board of County
Commissioners has been scheduled for April 9, 1986 to consider the
application.
By O1u-®`--- V Date: April 2, 1986
Curre t Planner
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FIELD CHECK
FILING NUMBER: RE-844 DATE OF INSPECTION: March 21, 1986
NAME: Charles H. and Rosa E. Davis
REQUEST: Recorded Exemption on 11.019 acres
LEGAL DESCRIPTION: Part of the SW} , Section 18, T2N, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of and adjacent to Firestone; north of Weld County Road 20
and east of Weld County Road 13
LAND USE: N Farm ground
E Four residences, oil and gas facilities
-S Weld County Road 20, cultivated land
W Vacant land, 6 residences
ZONING: N Agricultural
E Agricultural
S Firestone City Limits
W Agricultural
COMMENTS:
Access is to Weld County Road 20, a gravel-surfaced road. Land located
directly south, across Weld County Road 20, is cultivated and in the
Firestone City Limits. The access (driveway) is along the east side of the
parcel and is no greater than 20 feet in width. A residence, garage, and
storage shed, as shown on the plot plan, occupy the lot.
Ten residences exist within one-fourth mile of the subject site. There is
some vacant land between a number of the neighboring homes.
By:
Gloria V Dunn
Current lanner
w
REFERRAL LIST
APPLICANT: Chas H. and Rosa E. Davis CASE NUMBER: RE-844
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: March 14, 1986
NO SR NR NO SR NR
County Attorney
X Weld County Health Dept.
Engineering Department
County Extension Agent
Office of Emergency Mngmt /,
State Engineer rerbd o c .Ppr.
Division of Water Resources
1313 Sherman St. , Room 818 Mgt 3/��
3/69/110Denver, CO 80203
CtiO
State Highway Department
1420 2nd Street
Greeley, CO 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
XX Tri Area Planning Commission
c/o Rebecca Marker V5.77,t kDc Y 3-7-fl
P.O. Box 363 dew ed
Frederick, CO 80530
NO=No Objection
SR=Specific Recommendations
NR=No Response
3'713
Tri -Area Planning Commission
P . 0 . Box 363
Frederick , CO 80530
March 20 , 1986
Ms . Gloria V . Dunn
Current Planner
Department of Planning Services
915 10th Street
Greeley , CO 80631
RE : Case Number RE-844
hear Ms . Dunn :
Per my telephone conversation with you on March 7 , 1986 .
The Tri -Area Planning Commission held their regular meeting on
March 4 , 1986 at the Frederick Town Hall . At this time appli -
cation for a recorded exemption from Chas H . and Rosa Davis
was on the agenda . Mrs . Davis was present and Commission member
Gus Mircos asked Mrs . Davis if she had applied before? Mrs . Davis
replied , "Yes " a couple of years ago , but did not complete due to
her husband ' s illness . After great discussion the Commission
voted to deny application for the following reasons :
1 . The Tri -Area Planning Commission does not advocate a recorded
exemption except in the case where property will be used for
agricultural use .
2 . "The Tri -Area Planning Commission saw what is considered un-
planned usage of land in the case of this recorded exemption
with the possibility of uncontrolled sub-dividing .
The Commission suggested to Mrs . Davis to get together with her
surrounding neighbors including those within 500 feet of her
property and approach Weld County to request a re-zoning in that
area to residential .
Should you have any questions , please do not hesitate to call .
Sincerely ,
4r ' Niqwwlu
Rebecca E . Marker !;P 211926
Secretary
Tri -Area Planning Commission
-Weld Co. Noosing Caoaussier,
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APPLICATION FOR RECORDED -EXEMPTION
PHONE: 336-4000, Ext. 11400
Department -of Planning Services, 3)15 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
CASE NO. RECORDING FEE
BONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
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:
TOTAL ACREAGE: 11.01q
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes No x
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes x No
FEE OWNERS OF PROPERTY:
Name: Charles D. G:,vi'
-Address: P. 0. Box 63 Frederick, Co. -Phone: 1-303-833-3483
Name: Rosa L. Davis
Address: F. Q. Lox (.)--t Frederick, Co. Phone:1-303-633- 3483
Name:
Address: Phone:
WATER SOURCE: Larger Parcel 'r'e11 Smaller Parcel- Proposed Well
TYPE OF SEWER: Larger Parcel Septic Tank Smaller Parcel1Jropo5ed ceptir rcok
PROPOSED USE: Larger Parcel Residrnti ,1 Smaller Parcel Residential
ACREAGE: Larger Parcel 7 .nly Smaller Parcel p 4
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) No
S 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. /J
az�a�0
-COUNTY OF WELD ) n
STATE OF COLORADO ) Q a-eV
Signat re: Owner -or Authorized Agent
Subscribed and sworn to before me this R7(7( day of ,44; ,
- - (SEAL)
Notify/Pub�r�
7
My Commission expires: fir^
Recorded Exemption -Application requirements numbers 4 through 11
4. When we bought the property, we had three children at home. We all
wanted a place for some horses, a garden and room to ride the horses. We also
used the horses for hunting and packing into the remote lakes. As time went
by, the children got married and left home. My husband, Charles Davis's health
got bad. He has heart problems and back problems, so we sold the horses.
We now do not need all the space and would like to divide the property so
someone else can get some use out of it. The places are just too small to
farm. There are eight parcels of land on 125 acres that was divided about
13 years ago. As of now there are ten homes on the 125 acres. Therefore,
the property was given up as agricultural land when it was divided 13 years ago.
6071 Weld County Road 20 belongs to Larry & Connie Fulton consisted of 24
acres, they then divided 10 acres from the 24, then 2 acres were divided
from the ten. This was all done within the last 5 or 6 years. (See enclosed
map No. 1311-07-0. )
Our land if used, would be for non-commercial use, or as a hobby. 1/2
mile to the east of us is Casa Grande Estates.
5 & 6. Agricultural areas will remain agricultural use, because splitting the
parcel into 2 parcels will not change their uses. They will remain the same
and become more efficient through better use of the land. Due to the size
and layout of the properties, they are more suited for country living and
raising a minimum number of live stock, instead of crop production. Property
is currently adjacent to the Town of Firestone, Co. and could eventually be
brought into the city limit of Firestone. (See attached map)
7. To put up dwelling, for someone to call home. There are 10 homes on
a total of 125 acres. A house would therefore be compatable with the surrounding
land use.
8. Since this is adjacent to the Town of Firestone, CO. , the future de-
velopment in the surrounding area will probably be toward smaller acreage sites.
Example, would be like Casa Grande Estates which is % mile to the east of our
property.
9. As shown in attached plan, the proposal is orderly and straight forward.
The property is being divided in the most efficient manner as possible.
10. Concerning the water - There would be a well
Concerning the sewer - There would be a septic tank and leach field
which would be most efficient system with the soil conditions.
11. Concerning the Flood Plain - The land is not near a dam and the land is
kind of flat and slightly sloping.
Concerning the Geologic Hazard - No mining is done on this property.
Concerning the Weld County Air Port Overlay - We are not close to the
air port.
if.
1 : ,ern 1 n,
Recorded Exemption - Application Requirement number 12
12. Our neighborhors, Larry & Connie Fulton, divided their property at
6071 Weld County Road 20. they had 24 acres and divided off 10 acres. Then
that 10 acres had 2 acres divided off of it.
If it is divided, a road and drainage ditch would be put in and maintained by
the property owners.
This would add to the tax base as well as benifit other property values. There
are electric and phone lines along the east line of the property.
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AL. y I
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO)
COUNTY OF WELD .)
The, Security Abstract Ccmpany TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that is has made a careful search of its
records , and finds the following conveyances affecting the real
estate described herein since August 30, 1972 .
LEGAL DESCRIPTION :
A part of the SW of Section 18, T2N, R67W, of the 6th P.M., Weld County, Colorado, more
particularly described as follows: Commencing at the WI corner of said Section 18, thence
in an Easterly direction along the North Boundary of the SWI of said Section 18 a distance of
1447.31 feet to the point of Beginning; thence continuing along the last described course a
distance of 184.98 feet; thence on an angle to the right of 88°48'30" a distance of 2595.83
feet to a point on the Northerly right-of-way line of County Road No. 20; thence on an angle
to the right of 91°29'22" along said right-of-way line a distance of 185.00 feet; thence on an
angle to the right of 88°30'38" a distance of 2594.87 feet to the point of Beginning, containing
11.019 acres.
CONVEYANCES ( if none appear , so state ) :
Reception No . 1884453 Book 962
Reception No.. , Book
Reception No . , Book _
Reception No . , Book
Reception No . , Book
Reception No . , Book
Reception No . ' , Book
Reception No . --- , Book — — —
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County , Colorado .
This Certificate is not to be construed as an Abstract of Title nor
an opinion of Title , nor a guarantee Title , and the liability of
The Security Company COMPANY is hereby limited' to
the fee paid for this Certificate .
In Witness Whereof, The Security Abstract Cangany COMPANY
has caused this certificate to be signed by its proper officer this
30 day of March , A . D . , 1984 ,. at 7:4,5
o ' clock . — — —"
The Security Abstrast Ccmpany
COMPANY
By Art.reitil'eaelf4RE
AR WWI Ric b 0cO2 tik.i. JtOti44'.,i V3, 0.:/82 ti 07 93.06 1/001
MARY ANN FEUERITEIN, CLERK 4 RECORDER, HELD COUNTY, CO
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..... . .......ami)(l..Na.Oi1TiA..stro i ..R...11(TIN
. _ .__ - ................ ..................._.........._..._...... ...., ribose dYase 4 Cossilly of Colorado • sti IS yam,. tie hNonlg sed lea Mee a and MOM d
>A w � of field ad Brea it Colada, Met
A part of the SW 1/4 of Section 10, 221, t67W, of the 6th P.M:, VeldCorny, Colorado,
. ��aaeettt w a
eolarly described as fellers: CeaciaSWIM at as V 1SWIMof said Section
abatYsa in an taaterly direction slag the north Mudary of the 611 1/4 of said
fa 1S a distance of 1447.31 fest to the point of Mnismiyt tthwas'coatiwlrg •
as int described course a distaste of 164.941 feet; dam a e angle to the
of x641'10" a dietaries of 2393.63 feet to a point so the Northerly right-of-way
Ulas et 0 Sty Read No. 20; thanes on as angle to the right of 91129'22" along said
���tg.ofwq at line a diar° of 113.00 feet; thence ea an aegis to the right of
`M ter a distance of 2394.47 filet to the point of Mginniag, ceataiaiag 11.019 acres
•
tltSe r No agouti s ad wattflet(s) the:114 to Os aaaU,MOM $ Cameral Taus for
072 ad all aabegeent years; sassaaats, reetrictiesa mid reearvatioas of record;
• al Miler resins, all the oil and gas floral interest.
apagges 6R► byer April 1R_
•
Edwin L. Staley, Jr.
i
.1
0 •
', b STATE OF COLORADO
se
fp��pCly of
14172 seal
TM A., L. Staley,nanannttJw � blow me Oda kb &p al April
"_�Yi nand adldatla MNnt brae par on .
fit r.•..
4r..0 1A4_ •
i I 4-0-d. : s
*SI Pe
et
The foregoing instrument was acknowledged before me this day of
. 311 OW as Pint
ad es Deesvlary d
1y commission expires • aos41aai4r:
Witte my brad and official nal
rcitir riff',
. R', t.. =wee lien cede�r m.r tab La 1 a" a �M
it arasrsssasr:at..wer.wtr. VIls Sae MilsMw
•
Nook
666 1567925
— Payments shall be applied lint to interest,and then to principal Purchaser shall haw the righter prepay.
meat of all or any part of principal at any time without penalty.In the*rest of any prepayment,this mats*shall
not be treated Si la default with respect to paymat no Nap as the unpaid balance of principal sad interest (in
such sun martins interest shall be treated as unpaid principal)is Is than the must that said indebtedness would
hay,been.had the periodic payments been made as flat spseified above.
5. Poseesslon shall be delivered to purchaser ?ware» e r e
April 1\ 147➢ —
6. In the event of default by purchaser under the term of this agrormest,seller may rive mitten notice of
men default to seise.sad if said default is net curvetted within asp days of such notice,the escrow east shall
redeliver said deed to seller upon receipt.1 the affidavit of seller(1)that seek default het occurred,(I)that settee
has ben given,and(p) that said default has net been cmreet&Upea reeelpt of sit affidavit by the ems agent,
the m/ueeta et the parches shall be forfeited.W the seller shall be Sided to immediate prieeeeiea of the them-
.' Yes end may retain all ass paid by the purchaser as liquidated damns.
7. It le understood that purchaser does set mate the prier encmbeauees is the property,and that seller
shall make all paymente thereon as they become dm and cerise.and shell tea disobeys*sell te or eimitaeesly with delivery et deed m •In wee esetb is as they
bogies due,purchaser shall lave the right to maim such s failure d seller m make SA Masten Was
payments and to ing t thesa rest
nt that eaM teem the SUM seem dm and owing the seller ashereusder.
owing
At d tin chap the amount owing is any present w Mitre wetbveece seed the enpa{d principal balance May under this wlyneL
antruy&
itammnaditaillatalle
xna a avin
arc
u&RdOJ1NEIRDI a]iuMtiRERtlR1— ammaineillunit
p. MdiYesul rrmu. 1t__i79az
maxNa�7�Eldxa� YZiul¢ mmaa�lanwEe&rNsNxx
� _ltxzxzxzx nRalaut pinatas
passairuiniccann
sznattulatzkunanienntanzlitztencattnansumaniennessisizszanni
ansazasizaancounamalstInavatuafnsitunnwanexnuaaalle)arrtas
IN wrnizes WItiltrOP the parties have Sento met their heads end seals.
Attaoy►n April 6 ,u_..12 AMOYLD__Aral irc IS-22-
1) -,J 1%6,114/ ""ae
Edwin L. Staley, Jr. Charea H. Davis
Rosa E. Davis Prase
Pareeses's Lama _P n an., eel orwrf..rr, r_l.•,..._ -Jg1Jn
&ousn Adana 771 n.aw,f_ �ts r..tanAa sell&
STAIR OF COLORADO —�
COUNTY OP ee'
The(swims Strom sea adbaewledged Sere m thla_fet'4t el (J�taJt.i
le-Z24 by Edwin L. Staley, Jr. and Charles R. Darts and Rosa E. Davis
w eemWeelen espies: My canittts llrlfii Are 1i. 'S
W.. and eOktd seat -
•
0 '111.4,
, i.
Order
Or
I , • 4 :
•
•
•
o/ p
•
now__ :elver r..._._+-��
(Ni 666 1567525 MN MIS
en
no SOW weme saw mrrar a•-/ 1715 Wed kJ L.
a+.+I+rsm seers.aao merle OM" 8.221
an: 44
MBTALiMrIT wa.CONTW—uWnamu
(Neer pays Tate at Ierwre)
rule CONTRACT made rd weed Ys,et Sereh day of
191•by W Mew
EDWIN L. STaLET Il --V h,,edt r eY1M Seller,ell__ a._ CHARLES N. DAVIS and Ell I nAVTS
hereafter red P•nMan(u J.Y.eats.1•right of ereMwshM).
•▪ .
1►1TNNYNTN:
rem
O b eardmeue it Y..s it$.500...00—Y W tat personal nr.a,.a In Md paid
Jr W•e pweWa s,W maw,of put payer ter eel bnaeadte d..nW seway, rep t .bM Y bray
a, aeewkaad W Y feesher eeseldaeua it re newel wee hereeler a her,lea epees;and seed r
0 newer
0
I. la____J_re eh the era and ere beret see tee eels err Y ash W psr eel area
d bay the Maim eerie pal peer Slate le the Cere it Weld
so
Mato t Caere tevk: A Part of the SW 1/4 of Sec. 18, T2N, 167W, of the 6th P.O..
ld County. Colorado, sure particularly described as follows: Convening at the
1/4 corner of said Sec. 18, thence in an Easterly direction along the North
unary of the SW 1/4 of said Section 18 a distance of 1447.31' .to the point of
inning; thence continuing along the last described course a distance of 184.98';
hence on an angle to the right of 88 48'30" a disuses of 2595.83' to a point on
k5 Northerly NOW line of County Road No. 20: thence on an angle to the right of
1"29'22" along said NOW line a distance of 185.00 feet; thence on an angle to the
fight of 88 30'38" a distaste of 2594.87' to the point of Segining, containing
1.019 acres.
lab a Sae of la mad asasaa s appear nee.,i brs.enr.S awe ad all fishes it a prla•rt
rakes,N ea Y WY pent ewaxlr,baser seen
:WOO s,the hbwb.e reebrnr:General Taxes
or 1972 end all subsequent years; easements, restrictions and reservations of
cord: oil and gas lasso betimes Andrew Dipr and Donna K. Dior and H. C. Petersen,
rusts*, recorded October 27, 1970 inJook 635 Reception Mather 1556643 end say
all assignments therein.
Seller reserves all the oil and gas mineral interest.
Pretealeat A copy of s certified metes and bounds survey of the SW 1/4 of
tics lg. Township 2 North, Range 67 West of the 6th P.M. provided to purchaser
t sellers expense. 3.03 mares of Coal Ridge Ditch Company irrigation
t the rate of .27 shares per acre. Purchase is entitled qa the use of all the
of water during the life of this contract, provided purchaser pays all
sesemeats and any other charges for such use.
R Crererty with W manta at the eaves.W poet he err r wee eapmeet Yep►
ral a We Yee wren, we► mews Till It TNrrS.rl JyrApt
•euleeer,r omen sea W W Me Si eves end adhered r aid raw ape a Teams.del re a
bag she en dreeid prepare le the peels.bleb deed Is Y be Meer Y W/realer a the Lt_L.
tae sad a.•dlYr: according to escrow agreement.
5. Tee errs,sus ear r the OW grebe peal hr rid prepay re err or 11.000.00
payee a teeew.:
e W nn baaby naiad fat$1,500.00 at nosing ad.
If.baler t P p (100-an beer.Y►eer a sea ageld ben w Its Me tom_
pa eent per seems,Y 120 emerrY t W bas tlr.p Ins en pa
month ridk_sae*' t _eats W1aa• deg et yap
firer was• IM1O a...•a.
le2Z,Wae dyt� WutlerNpeYen/W
Yet be been pad la tat Rae been of premed W Ylar di be as sr peaeft a et brae
April 1 UAL,N set wee pea
Ira ad efts IN ads ptebra AM imp a ass sad ameerrr MW a NM pups.alga tea
at meal Spears saw bol aL la me at a arsaltie pmelaaam.bwo welt pgee dr tor,sea
sir err per wash her a reewY,W as Irmo sr pia.Ise ma grand—Ma,•ear
I ass,Si booms a we ere 2 leedelel we Ike beep dew reed a gar ear den•
dsY.MrpeYYYnwpebt Seller to bill purchase;' for pre-its earns et tare
.gr.W Men r~•• each year after receiving total bill tn. Canty.
(Nom der was- it S mere eel be reee eYd y•woe M..ewamre,aaswb_•dal at
eel weer r$b.reeve fa raw ert to as•pea she d Ira1
-roan' N'un,p#._. 'rr_-u'4' l tnrri•t
This policy does not insure against loss or damage by reason of the_following exceptions:
General -Exceptions:
(1) Rights or claims of parties in possession not shown by the public records.
(p) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
•
(3) L -ur_.'nts rar claims of easerrnts not shown by the public records.
l-1) Any Lon. it rfrhr in a hen, f,r :ervices, labor, or-material heretofore or h,ereafrer fay a imposed
hi law and not shown by the public records.
(55) Taxes or special assessments which are not shownas existing liens-by the public records.
Special Exceptions: The mortgage, if any, -referred to in Item 4 :f Schedule A.
-6. Taxes and assessments now a lien or payable.
7. Rights of way and easements as now established and used, including but not
limited to roads, ditches, pipe lines, power lines, telephone lutes and reservoirs.
8. Right-of-way eaae :ent for utility purposes as granted to Dnion Mural Electric
Association, Inc . by instrument recorded September 20, 1971 in Book 676 as t
Reception No. 1397923, said right-of—way easement being a str oipttofelt property;
, E
in width, which lies Nest of and adjoins the East line of subject
also, this easement is contained within a 10 feet wide strip of land iocuted
between 2150 and 2160 feet North of the mouth line and extending from the East
line to the West line of the subject property.
9. Right-of-way easement for utility purposes as granted to Union Rural Electric
Association, Inc. by instrument recorded November 29, 1-972 in Book 681 as Reception
No. 1602616, -said right-of-way easement being the North 10 feet of the South
1163 feet of the subject property.
10. Reservation of 50% -of the mineral interests as contained in instrument from
Andrew Dier, recorded November 5, 1971 in Book 656 as Reception No. 1378177 and
any interests therein, assignments or conveyances thereof.
11. Reservation of all oil and gas mineral interest as contained in instrument -from
Paul S. Fedrizzi, recorded April 18, 1972 in Book 666 as Reception No. 1387922
and any interests therein, assignments or conveyances thereof.
12. Reservation of all the oil and gas mineral interest as contained in instrument
from Edwin L. -Staley, Ur. , recorded March 2, 1982 in Book 962 as Reception
1884453 and any interests therein, assignments or conveyances thereof.
SEE ADDED PAGE ATTACHED HERETO
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•
Cou e igned /-
AuthorizelliiSignatory
adult 6 of this Policy consists of 2 pages. -.,�, 1:
Policy Number06-029-04-00089
O'.n.r
Policy Number XXXXxxXXXXX XXX
Ivan
13. Oil and Gas Lease from ',..rdr•:*a Oier ird Donna Kav-3ier -to H.C.
recordo.d October 27, ? )7;0 in Look 633 as Reception No. 155b6'+r
3, acrd any intrr_;ts
tier-ein or assignmenc-s thereof.
Said Lease extended by Affidavit of Lease Extension or Production recorded
November 9, 1981 in Book 952 as Reception No. 18;4049.
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Cet-li 1.9
-I
76 4-651O
RICHARD D LAMM FQ � . JERIS A. 0ANIELSON
Gove
rnor
or . R State Engineer
260tH `
*1876 4t
OFFICE-OF THESTATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818 \ti -i'�
Denver,Colorado 80203 2); c'i.-TJ
(303) 866-3581 I�r
•
May 10, 1984
Mr. James R. Maverl Weld Lo. piynning cammissiob
Weld County planning Department
915 10th Street
Greeley, CO 80631
Re: Davis Exemption
Section 18, T2N, -R67W
Dear Mr. Mayerl:
We have reviewed the above referenced proposal to Separ-ate approximately
11.019 acres into lots of 7.019 and$0 acres. The proposed- .019-acre lot
would be -served by well -number 59808. The -conditions of approval do not pro-
hibit the issuance of an additional permit.
We could issue an additional household use only well for -the proposed two
acre tract. Since a well permit -would be available, ME'can recommend -approval.
The availability of a well permit and our =ecomnendation for approval is sub-
ject to the following conditions:
• L. The property has not been previously subdivide� or exempted since
1972. We consider this as a one-time exemption and -will not make
additional permits available for future splits of either tract.
•
2. The well permit which -will be available 'will Le limited to use inside
one single-family dwelling only. Out-side use for lawn and garden
irrigation or livestock is prohibited. plat totes and covenants
should reflect this limitation.
•
3. The appli-cant should provide proof that -an evaporative wastewater
system will not be required. We could not issue -the well permit if
any evaporative system is required.
4. Prospective lot purchasers should be made aware of the limitations on
water use and other information contained in this letter. We recom-
mend that a copy of -this letter be given to lot purchasers and sub-
-mitted with the well -permit application.
Sincerely,
HDS/KCK:ma Hal'D im on, P.E.
Assistant Mate Engineer C,// ^^ry^
cc: Jim Clark, Div. 1hg.
Steve Iautenschlager
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