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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 -x---1-;44642 7L /f// 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 • IT-, 7 ,TH 8 ,� '� Carney— `��,—�a� d • 02, • ` ._ sc --_14.3-/?..., Oo r as ue C p ,,25 jc.\ • . /7—, —I lirr. ::11 :14L—?—fe--m 11 s 0 17 — i Jail' •Sch 1 4 e est. i J 1 /242/7,,,- — �� J .n --- 24 Firestone �I - 19 • I --20 Lake ( - i I .so o (° O 000 a .964 _"7 4548 --n fl • • • irestone !, I, „ r oo I s., 0 25 L 29 • • � .i: van_tpn \� - - - - - — - e bFu�unFs, / I 2 / J . • _ __ —. _ 7 c -�- _ - _ 5040O V e� X11 �' - 3 I Fr 3er�ck 1 / 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, rm ryr< •' s 'lam: $ 3 µ at r + Zr f $4- _ , a • pfk• t p in..r , P, #. A t a' � ,k1 • ',z :i.%-:::*" - y 1 .t.�a `'t'" x X! ?fi (!N "'. a ' te -� � { t'. ��. x b • • ,r 'p t x a3a f- a -..rr y .l. x y y 1 a. . ,r did^. r. t•y'1 - ; ore /8 050 , .- — .: .r,.={—.,sari zc y. ris�•"5 n „ ;. � • x'', 't� } 9 4 C s $ g;!�r vK�4C,:. 1 17,CK 1,,, ya': z i> v. q e fie» x �'TX t$'r r ,r r, 't G L “�.° Q v//��v� -` .rr•_ t_ i' i+ e I 3' y ft V� , \ tYy i �'.,�y'., y �1 4 4 �t `Y FOP � IsiR ! 4(!)r p y r :3/4,,f.• 32 / • (� 3g� `. :e .t'!! I Hi a t 4y�' d 4 1 �t. - e e , . < h ^4 y.. .. :-I Ayx� Y'b xAhAM. 1 nr �� ;,,, , • ,,.4.*..,,,i, al2 t l:,' ,+e-p :,�V f }' R't{N J fi Y i7iT�tl"" `S3#4 4+{cM3:4�. 1� t`^t "'RRRw '; y ;; x '4 Mz" q.:.:;.' . Yr �' •�- }ter CY 1 .}. n r • yC y�`��_ � .I • • +n44 � Yl ✓+_.°C �"°F Y .. �aYRS'+t'/FF" I'•z .ys g 'Pol �4 &r'r . 1 $ 4 #e ✓fit _ r_ i , • %.4%;,(41i, t v�`.waty�t 4.` t, -. .. -' ' .-wi r... i e m• • s i y, S.\`- .n. r ' t s }x,.�,' >ti ... 1 ayt f n • 4 „ 34'" ll*a'$' ..'EY t 7•c3u"» '•s+.'k T 1 :tit 3 >i ' ' �y r s 7y t Xb ay7y i f ). , t t 5IIr a4't' #et ` s. " g4,gi-i � £ „,_-..,,• pp #s .Ss , � ... }.-4( µ1 " ty*''ASj ! tTx .�I_ "Fy del ' _ ": s' ` >,� j,ir, fwP. e .. ;r-5�i' 5 `•t 74�a..ry t��' - - y9^i 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. 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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 - y/���••__, D1trmrtea IS City trot Mover ol; he 1M antliNMls it • D1ttr M tin Hnwed ad 00/100 (911,4100.00) aDam i111t Is bad mg; hem*acr(s) awl aaasal M •J: A /e 70 ..... . .......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 • • 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. • 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 Hello