HomeMy WebLinkAbout861131.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 955 - WEBSTER LAND AND
CATTLE COMPANY
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its
authority under Section 30-28-301 (10) (d) , CRS , as amended , did
determine at a public meeting held in the Chambers of the Board ,
that a certain parcel of land, to be divided into two parcels , as
shown on the plat known as Recorded Exemption No. 955 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 955 was
submitted by Webster Land and Cattle Company for property which is
located in part of the NE4, Section 25 , Township 7 North , Range 67
West of the 6th P.M. , Weld County, Colorado, being more
particularly described in the plat which shall be provided by the
applicant and known as Exhibit "A" , said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels
estimated to be approximately 145 acres and 15 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove'
described parcel of land be, and hereby is , exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicant submitting a mylar plat to the
Department of Planning Services to be recorded in the office of
the Weld County Clerk and Recorder. The plat shall be drawn in
accordance with the requirements of Section 9-2C. (4) of the Weld
County Subdivision Regulations. The plat shall be submitted
within sixty days from the date of approval by the Board of County
Commissioners.
'j)/ ,'2 861131
Page 2
RE: RE #955 - WEBSTER LAND AND CATTLE COMPANY
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 26th day of
November, A.D. , 1986 .
4Lu BOARD OF COUNTY COMMISSIONERS
.{�1�ATTEST: `I WELD COUNTY, COLORADO
Weld County Clerk and Recorder . �.�• .�
and Clerk to the Board Ja qu:e ine Jo.n on , Chairman
CC EXCUSED
BYE �syhi7 co ��c Go don E. Lacy, Pro-Tem
Deputy County Jerk SAS'
APPROVED AS TO FORM: Ge a R. Brantner
EXCUSED
C.W. Kirby
pvr�W�^CouZfty A to neyiv
a mag
861131
(to & DEPART :NT OF PLANNING SERVICES
PHONE(303)356-4000 EXT. 4400
915 10th STREET
G REELEY, COLORADO 80631
COLORADO `--
(c
November 26, 1986 �.
7(
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #RE-955 and Subdivision Exemption #SE-285
Dear Commissioners:
This request for a recorded exemption and Subdivision Exemption are
submitted by Webster Land and Cattle Company. The parcel of land on which
this request is being made is described as part of the NE} OF Section 25,
T7N, R67W of the 6th P.M. , Weld County, Colorado. The property is located
approximately 1} miles northeast of Severance. The parcel of land under
consideration is the total contiguous land holdings of the applicant.
The two requests will create three separate parcels, if approved. Two of
the proposed parcels have existing residential improvements. The parcel
proposed to be created by the subdivision exemption is less than one acre in
size. The subdivision exemption cannot be approved unless the Board exempts
the 0.738 parcel from the minimum one acre size requirement.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the requests be approved
for the following reasons:
1. The Department of Planning Services has determined through its
review of the recorded exemption that the standards of Section 9-2
E. (1) (a) through (m) of the Weld County Subdivision Regulations
have been met.
2. The Department of Planning Services has determined through its
review of the subdivision exemption that the standards of Section
9-3 E. of the Weld County Subdivision Regulations have been met.
3. The 0.738 acre parcel has an existing residence and septic system
located on it. The Weld County Health Department has no
objections to the proposal.
861131
Board of County Commissioners
November 26, 1986
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. An ISDS evaluation be completed by the Weld County Health
Department prior to issuing a septic permit on the system.
Respectfully,
Chuck Cunliffe, Director
Department of Planning Services
CC:dy
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Webster Land and Cattle Company Case No: RE-955
Legal Description: Part of the NEI of Section 25, T7N, R67W of the 6th
P.M. , Weld County, Colorado.
Larger Lot Size: 145 acres, more or less
Small Lot Size: 14.262 acres, more or less
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.
The Department of Planning Services has determined through its review that
the standards of Section 9-2 E. (1) (a) through (m) of the Weld County
Subdivision Regulations have been met.
The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and Recorder.
The plat shall be prepared in accordance with the requirements of Section
9-2 C. (4) of the Weld county Subdivision Regulations. The plat shall be
submitted within sixty (60) days from the date of approval by the Department
of Planning Services.
An ISDS Evaluation will be necessary prior to issuing a septic permit on the
system.
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limitTo Weld County Planning Data No ember 19, 1986
COLORADO From Health Protection Services
Subject: Case Number: RE-955 Name: Webster Land & Cattle Co.
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following condition:
1. An ISDS Evaluation will be necessary prior to issuing the
required septic permit on the system.
By Direction of Ralph R. Wooley, M.D.
f`fl ;11 :11 11,1M 1
I H ; ' 1986 i
r
_.ts
Weld Co. Planning l ommissen
F F
FIELD CHECK
FILING NUMBER: RE-955 and SE-285 DATE OF INSPECTION: November 20, 1986
NAME: Webster Land and Cattle Company
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the NE} of Section 25, T7N, R67W of the 6th
P.M. , Weld County, Colorado.
LOCATION: Approximately 1} miles northeast of Severance, east of Weld County
Road 23, and south of Weld County Road 78.
LAND USE: N Weld County Road 78, farmland with residence.
E Farmland, residence
S Farmland, residence
W Farmland
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
There are 2 accesses to the property from Weld County Road 78, which is a
gravel surfaced road. Existing on the site are two homes and farm out
buildings. The remaining of the property is in cultivated farmland.
By: QA1VCLC.. t-
Debbie L. deBesche
Current Planner
APPLICATION FOR RECORDED EXEMPTION
PHONE: •356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
CASE NO. RECORDING FEE
ZONING 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: '/s Section - 160 Acres
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: Webster Land & Cattle Company , Inc.
Address: P.O. Box 1850, Greeley, CO 80632 Phone: (303) 353-4303
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel NWCWD Smaller Parcel NWCWD
TYPE OF SEWER: Larger Parcel None Smaller Parcel Private
Agricultural Agricultural
PROPOSED USE: Larger Parcel Farming Smaller Parcel Horse Farm
ACREAGE: Larger Parcel 145 Smaller Parcel 15
EXISTING DWELLINGS: (Yes or No) No (Yes or No) yes
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.COUNT WELD
STATE YOFFCOLORADO ) le/C7,3\l /
Signature: Owner or Authorized A ent
Subscribed and sworn to before me this 020441 day of r)(+41j,Q , , 19 21O.
(SEAL)
P�J By LLB LL. g CAA Ul.
Notary Public
My Commission Expires 1 --P1 —9O
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Oct. 6,1 9rJe.
To: WELD COUNTY DEPARTMENT OF PLANNING SERVICES
From: Webster Land and Cattle Company Inc. •
Re: Request for Recorded Exemptiorl__.r
Dear Sirs and Madames:
Please find the enclosed materials presented for your inspection and
approval concerning the application for recorded exemption.
Submitted items:
1 . Completed application form.
2. Completed cetificate of conveyances.
3. Deed of Trust.
4. Request statement and information .
5. Maps.
6. Contract to buy and sell real estate.
7. Water service Letter of Commitment.
•
•
•
, 4 4344
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
• TF12378
STATE OF COLORADO )
COUNTY OF WELD )
The WELD COUNTY TITLE R1iWnclt 4DEntotxa niSE[LJ1nI
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 :
The NE 1/4 of Section 25, Township 7 North, Range 67 West of the 6th P.M. ,
Weld County, Colorado.
•
•
•
•
CONVEYANCES ( if none appear , so state ) :
Reception No. 2009998 , Book 1069
Reception No . 1925555 , Book 995
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
WELD COUNTY TITLE COMPANY is hereby limited to
the fee paid for this Certificate .
In Witness Whereof , WELD COUNTY TITLE COMPANY
has caused this certificate to be signed by its proper
7:00 1 officer this
2ND day of : OCTOBER , A. D . , 19 86_•, at
•
WELD COUNTY TITLE COMPANY
• COMPANY
•
• By _4111,4•_ 4^1atrd.
UTHZ U SI E
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AR2709998 B 1069 REC 02009998 05/17/85 09: 10 $9.00 1/003
F 1935 MARY ANN PEUERSTEIN CLERK t: RECORDER WELD CO, CO
PerFirrli:! !!"
WARRANTY DEED
THIS DEED made this lY att.. day of May, 1985, by and between
s J. GALE MOODY and VALERIE A. MOODY, whose mailing address is
1719 East Mulberry, Fort Collins, Colorado 80524 , hereinafter
referred to as -"the Grantors, " and WEBSTER LAND AND CATTLE
COMPANY, a Colorado Corporation, the mailing address of which is
24599 Highway 263, Greeley, Colorado 80631, hereinafter referred
to as "the Grantee. "
WITNESSETH:
That the Grantors, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration to
the Grantors in hand paid by the Grantee, the receipt pf which is
hereby confessed and acknowledged, have granted, bargained, sold,
• and conveyed, and by these presents do hereby grant, bargain,
sell, and confirm unto the Grantee, its successors and assigns,
forever, that certain parcel of real property situate in the
• County of Weld, State of Colorado, which in legally described on
•
Exhibit "A" attached hereto and incorporated herein by reference.
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues , and profits thereof, and all estate, right, title,
interest, claim, and demand whatsoever of the Grantors, either in
0 law or equity, of, in, or to the above-bargained premises, with
> the hereditaments and appurtenances.
pP
•LV TO HAVE AND TO HOLD the said premises above bargained and
described with the appurtenances unto the Grantee, its successors .
and assigns , forever. And the Grantors, for themselves and their
heirs , administrators , and assigns , do covenant, grant, bargain,
• and agree to and with the Grantee, its successors and assigns,
that at the time of the ensealing and delivery of these presents
they are well seized of the premises above conveyed; have good,
sure, perfect, absolute, and indefeasible estate of inheritance,
in law, in fee simple; and have good right, full power, and
lawful authority to grant, bargain, sell, and convey the same in
manner and •form as aforesaid; and that, exceptias hereinafter
provided, the same are free from all former and other grants,
bargains, sales, liens, taxes, assessments, and encumbrances of
whatever kind or nature soever; and the Grantors do hereby
warrant the title to the same, subject to all of the following:
1. All •existing easements and rights-of-way in place or of
record.
2. All oil, gas, or other mineral leases, exceptions, or
reservations of record.
•
3. Any restrictions, reservations, or exceptions contained
in any United States or State of Colorado Patents of record.
4 . General property taxes for the year 1985 and subsequent
years.
5. The lien of that certain Deed of Trust dated July 21,
1983 , and recorded July 26 , 1983 , on Film No. 1003 under
Reception No. 01934796 of the Weld County, Colorado records,
which Deed of Trust secures a Promissory Note payable to The
Travelers Insurance Company, in the amount of Two Hundred
i• 1. Twenty-Five Thousand Dollars ($225,000 .00) , which Promissory Note
and Deed of Trust the Grantee herein expressly assumes and agrees
:'1; to pay and perform. t1
•
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•
B 1069 ' REC 02009998 05/17/85 09: 10 $9.00 2/003
F 1936 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO
•
• Reservation of Minerals : The Grantors herein expressly
except and reserve unto themselves, and their heirs,
administrators, and assigns, an undivided one-half (1/2) interest
in and to all oil , gas , and other minerals and mineral rights
located in, on, or under the surface of the property being
conveyed hereby, which are pre+s�ently owned by the Grantors. It
is acknowledged by the Grantoks and the Grantee that the
Grantors, prior to the delivery of this Warranty Deed to the
Grantee, were the owners of a fifty percent (50%) interest in and
to all oil, gas, and other minerals and mineral rights located
in, on, or under the surface of the property being conveyed
hereby; and, accordingly, it is, the intention of the Grantors to •
reserve twenty-five percent (25%) of all oil, gas, and other
minerals and mineral rights located in, on, or under the surface
of the property being conveyed hereby.
The Grantors, for themselves and their heirs,
administrators, and assigns, do covenant and agree to and with
the Grantee, its successors and assigns, that the Grantee, its
•
successors and assigns, shall and may lawfully and at all times
hereafter peaceably and quietly have, occupy, possess, and enjoy
said premises hereby granted, or intended so to be, with the
appurtenances, without the lawful hinderance or molestation of
the Grantors, their heirs, admi istrators, and assigns, or of any
other person or persons whomsoever, by or with their consent,
privity, or procurement.
'It
IN WITNESS WHEREOF, the Grantors have executed this Warranty
Deed the day and year first above written.
y;
J E MOO Y
VALERIE A. OODY
) STATE OF COLORADO )
, ,
as• r
=`l, COUNTY OF LARIMER f )
)r: i The foregoing instrument was acknowledged before me this
, • clay of May, 1985, by J. GALE MOODY and VALERIE A. MOODY.
ANN'.NN'. W4 Y NESS m hand and official seal. •
l'!'' • p C Tip ,).;.- • ; A-o��4ly •;eb ission expires: t
., o nary Publ c,
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B 1069 AEC 02009998 05/17/85 09: 10 $9.00 3/003
F 1937 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO •
• EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED
BETWEEN J. GALE MOODY AND VALERIE A. MOODY ("THE GRANTORS") AND
WEBSTER LAND AND CATTLE COMPANY ("THE GRANTEE")
LEGAL DESCRIPTION I
OF THE PROPERTY CONVEYED HEREBY
•
Township 7 North., ' Ran a 67 West of the 6th P.M.
Secition 25: NE1/4I
•
County, of Weld, State of Colorado. •
. TOGETHER WITH . all water, water rights', ditches,
• ditch rights, laterals and lateral rights, wells
'and well rights, sumps, return water systems, •
decrees, lakes and reservoir rights, belonging
or in any way . . appertaining to . the
• above-described property, including, but not by
way of limitatioi:, two (2) shares of the capital
stock of The Water Supply & Storage Co. , two (2)
•x. shares of the capital stock of The Smith Lateral
Company, and one (1) tap in the North Weld Water
• !District. • •
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AR1125555 R ' E 0995 REC 01925555 05/03/83 15:08 $6.00 1/002 'b I
R F 0563 NARY ANN FEUERSTEIN CLERK h "'CORDER WELD CO, CO ,�'"$
Tills DEED. Made this 31,414. day of May , 1901 •
. '. r.
between ALICE PROVN:CIIA and ROBERTA POVELITE 9
Stole Documentary Fee '
MAY 9R3 ' ,'
of the County of Weld and State of Colorado. Date egrr
of the first part. and J. GALE MOODY and VALERIE A. MOODY, $ 4. /_ 'O I ff{!g1'ui.
as joint tenants land not as tenants in common, ' _ >� gggami
whose legal address is 1719 East Mulberry, Fort Collins, • '
Colorado 80524 • ,
of the County of Larimor and State of Colorado.of the second part: t,.,
�i• WITNF.sSFTII, That the said parties of the first part, for and in consideration of the sum of other '� �•r
good and valuable consideration and Ten ($10.00) -DOLLARS, �•++. .
s .
to the said part ies of the first part in hand paid by the said pan ies of the second part,the receipt whereof is '
hereby confessed and acknowledged, have granted,bargained,sold and conveyed,and by these presents do
grant, bargain, sell, convey and confirm, unto the said pan les of the second part, their = t{. ..
heirs and assigns forever,all the following described lot or parcel of land.situate,lying and being in the ` ,k
County County of Weld and State of Colorado. to wit:
p j '4
The Northeast Quarter (NE1/4) of Section Twenty-Five (25) , • t�ft1, 5
• Township Seven (7) North, Range Sixty-Seven (67) West of the �{ •
1.�4 Sixth (6th) P.M., County of Weld, State of Colorado. h
TOGETHER WITH all ditches and ditch rights,
wells and well rights, s` #„ 'd water and water rights, reservoirs and reservoir rights belonging ) s•
N.. or in any tiny appertaining to the above-described real property, i,t
including, but not by way of limitation, two (2) shares of the �tdr
capital stock of The Water Supply t Storage Co. . one hundred ninety
(190) units of water in the Northern Colorado Water Conservancy '
District and two (2) shares of the capital stock of The Smith ,Meet
Lateral Company. - r
t 4
RESERVATION OF MIIIERl.1S: The Grantors herein expressly except and reserve unto [L i
themselves, and their heirs, administrators, ar.d assigns, an undivided one-half +(,
(1/2) interest in and to all oil, gas, and other minerals and minerdl rights •
'•.
located in, on, or under the surface of ,the property being conveyed hereby, which .' • . •
:
are presently owned by the Grantors. In addition, the Grantors herein expressly
except and reserve unto themselves, and their heirs, administrators, and assigns,
an undivided one-half (1/2) interest in and to all oil and gas leases of the .4 .
property being conveyed hereby, thereby entitling the Grantors' to one-half (1/2)
of all payments made pursuant to the said leases, with the exception of payments i. ,
made thereunder for surface damages. The Grantees shall be entitled to one , ,;S4
hundred percent (100%) of any such surface damage payments. • �
4
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also known as street and number 11526 Weld County Road 78, Eaton,' Colorado ,)
' '
TOGETHER with all and singular the hereditemcnts and appurtenances thereto belonging. or in anywise
appertaining.and the reversion and reversions.remainder and remainders.tents,issues and profits thereof;and all
the estate.right.title.interest.claim and demand whatsoever of the said part ies of the f.:st part,either in law 4
or equity, of. in and to the above bargained premises. with the hereditament' and appurtenances. l4
•
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4.05,-....i.';, F 0564`MARY'ANN.�FEDERSTEIN CLRKj6K,iERQRDERwWELD'GO1,1:e to ek,,rt
r , ' t�?} it' ti°, t , i{ •i/r ;t ' • i }"i: Fs f4 , z,txcif x„a t' l A kre:,',,:::,):.1.4:;.,.ts 1 "J1i
r t 4,L ` ''',:[}d 't , to ! *. i• 4 J... � ,Py:3.rr' � 1
)tn ,�.;:'' r ? { )Ir q ✓ Y 4), p�,� r -,.......T.,' • r �y ( +i:q.�•p 1 4,,}},�� ,
j[
!V, r r"5' • • ....:',11i.') 5. ll , tl T"dl 'f+ } t�� �'
t;(1.'' ' '. . tit ,n' 5 , F: u, •,./V y',
: • TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, ante the ' !4 I..i .
said parties of ciyl,yrpnd part,their heirs aad assigns fovever.And the said parties of the first part, a
.:1).:,,, for them sehrese/ re,executors,and administretora,do covenant, grant, bargain and ague to and with a }
t the said part hellof the eeeond part,their heirs and assigns, that at the time of the enaealing and delivery of 44 la
t these presents they are wall seised of the premises above conveyed, as of good. rune perfect, absolute end ',is P'�c
'f! Indefeasible estate of inheritance. hi law, in fee simple,and ha ve good right,fall
power and are free authority to a yyii
t grant, bargain, sell and canny the same le manner and form as aforesaid, and that the same free and �•
+ , clear from all former and other rants, bargains, sales, liens, takes, assessments and encumbrances of whatever y:
+• kind ornaturesaver. subject to all existing easements and rights-of-way in place
� _
; .. or of record;. any restrictions, reservations, or exceptions contained in any "•
United States or State of Colorado Patents 'of record; all zoning and other
governmental rules and regulations; statutory• lien rights resulting from the
' !
- inclusioq of the property in any improvement districts, the existing Farm Lease
!+ of the property, and general property taxes for 1983 and subsequent years. f> , „
•
•
' n.
h
•,,. and the above bargained premise. la the quiet and peaceable possession of the said part lea of the second part,
i. " their heirs and assigns against all and every person or persona lawfully claiming or to claim the whole or any r:r.;
part thereof,the said parties ' of the first part shall and will WARRANT AND FOREVER DEFEND.
41,
t, IN WITNESS WHEREOF,the said part Lea of the first part have hereunto set theirhand s i
fC and seal the day and year first above written. , >...i
• •
�/ i
. ,is Signal,Baled sad Delivered la the Pr sense of .L�•.L`t. .},Ly,S s u• ec ' ,]SEAL •"9 ALI PROVANCHA ] tYf�"A'a9" i'r�AFocfS -- [S1GL] � i
�•
y —••-`__ .;SEAL)
„.4. STATE OF t:OLORADOela
v.
a Countyef Latimer : , '{ �
The foregoing instrument was acknowledged baton me this -3,....eday of May i
"1 , 1983 ,by ALICE PROVANCRA and ROBERTA POVELITE. ��•,•'•�u•`"��tye,• `i ti'
" y. Hy eommladoa expires ./�// / $` ,19 .Witness my hand and ollidal ieyt,.•*'� '•y'OO4''
•
1 O
i ',." "i a
Business Address: .125 Sou u 30
p��:l`,., Fort Colf4,nsc tetra:dsat
Ix4t11.'S '4gprnlnnnuf'
4
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•
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,ui,tcci $ 11
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•
,.. ..a:�a��1;•�'!�'�3�t-Z-''�^L'a�`^`�..(�^�.�Css+..l�"` .(. '.'��I"R`e'5�?I'^rR
REOUEST STATEMENTS and INFORMATION
Purpose and reason for division :
It is the intent of Webster Land and Cattle Co. to split the larger
parcel, (160 acres) , in to one ( 1 ) 15 acre lot and one .(1) 145 acre lot.
This is being done to facilitate the sale of a very large and expensive
dwelling which is now a limiting liability to the sale of the entire farm
With the approval of the Planning Service, and the granting of an
exemption , the liability would be turned into an immediate cash asset and
the remaining parcel could be sold without the enc:umberanc:e of the dwelling.
There is now a Real Estate contract on the smaller of the proposed lots
(please see attatched exhibit. A. ) , to confirm the validity of the marketing
plan_
•
Consi stancy of policy and intent of zoning:
Webster Land and Cattle Co. , belives the proposal is in consistancy
with and concurrent to the comprehensive plan and the zoning intent of
Weld County .
Currently , surrounding areas are zoned "agricultural" and farming
is being practiced on all four sides of the subject property .
Permitted use and compatability :
Web`_ter, Land and Cattle Co. is engaged in agricultural businesses,
and intends to continue and maintain the subject property , (lot B) ,
in row crop production .
The smaller parcel , (lot A) , has an intended use, by the new owners,
of being a Registered Horse facility. The property to the north of lot.
"A" is now dedicated to that use.
Water- and sewer information:
•
Presently , the dwellings on the smaller parcel , (lot A) , are served
by private septic tank sewer, and fresh potable water is provided by
North Weld County Water District_
Since the larger parcel , (lot B) , has no improvements, nor does
Webster Land and Cattle intend to build any , no further water or sewer
commitments are needed.
Locational information :
The subject property in consideration for exemption, is not
located in a flood plain , surfate to any geologic hazzard, and is
not ' located within a county airport overlay district.
fIF".-
r.
RECORDED EXEMPT/ON NO.,
SHEET I OF 3
DATE: OCTOBER 17, 1986
OWNER: WEBSTER LAND & CATTLE COMPANY
24597 HIGHWAY NO. 263
GREELEY, CO. 80631
LEGAL DESCRIPTION
THE NORTHEAST QUARTER OF SECTION 25 , TOWNSHIP 7-NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD
COUNTY, COLORADO, EXCEPT 'THE FOLLOWING DESCRIBED TRACT OF LAND:
A TRACT OF LAND LOCATED` IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 7 NORTH, RANGE
67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF kAID SECTION 25 AND CONSIDERING THE NORTH LINE
OF SAID NORTHEAST QUARTER TO BEAR NORTH 90 00' 00"EAST AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO;
THENCE NORTH 90° 00' 00" EAST, 141.20 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER
TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 90° 00' 00" EAST, 179.45 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER;
THENCE SOUTH 00° 00' 00" WEST, 40.00 FEET;
THENCE SOUTH 35° 15' 18" EAST, 48.05 FEET;
THENCE SOUTH 00° 40' 33" WEST, 60.45 FEET;
THENCE SOUTH 53° 24' 17" WEST, 40,16 FEET;
THENCE NORTH 89° 17' 00" WEST, 153. 79 FEET;
THENCE NORTH 43° 08' 17" WEST, 46.29 FEET;
THENCE NORTH 04° 22' 12" EAST, 128.29 FEET TO THE. TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 0.738 ACRES, WHICH INCLUDES 0.124 ACRES OF LAND IN THE PRESENT
ROAD RIGHT-OF-WAY, AND SAID TRACT OF LAND BEING SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASE-
MENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF
LAND.
OWNER'S CERTIFICATE
I , THE UNDERSIGNED, BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY
SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP.
WEBSTER LAND & CATTLE COMPANY:
WILLIAM H. WEBSTER
STATE OF COLORADO )
COUNTY OF WELD )ss
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF A.D. , 1986 . WITNESS MY HAND AIF-D -
SEAL. MY COMMISSION EXPIRES:
NOTARY PUBLIC
THIS PLAT IS ACCEPTED AND APPROVED FOR FILING. -
DIRECTOR, DEPARTMENT OF PLANNING SERVICES
STATE or COLORADO )ss
COUNTY OF WELD
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF A.D. , 1986 . WITNESS MK HAND AND
SEAL. MY COMMISSION EXPIRES:
NOTARY PUBLIC
McRAE & SHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PROJ. NO. 6G Z ZZ
RECORDED EXEMPT/ON NO.
SHEET 2 OF 3
ll b '96/ Nic 0.* 7,9N 4966 .
n ‘ \4 \ i t\ .. � - ..�.
u , I
ID \ ,...._,, ' 1_ r
`\� I `
125 1 <'
i .-�j 4., r /if I Sec.es T.� �R 671/ , l` J / I -
, _
O' roo' ex' 3cb' 4cio ,j j , I \,\_ �' ,_,
Scale : 1 "-.2001
j1 \ a9a9�•. �"
• : PINS FOUND I / 1 \ _�°w
O ' PINS SET ` \ \ \ N.
I 1 C\�t 3—�°Z e._ I
LOCATION MAP
North SCALE: n2000'
cQuarter corner WE '. corner
A/ 90°0000-E. 477.73' mid Co' Rd 7"/Q I
i4f Zo' 9.45'' , 157.08' 2151'1.- A
1 'f i E.cce�ed ti
P cc N
g kTee3of3) N O
N '
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•
24'Access pose. �
c"'1 15'/rr,9.ditch ease.��" '
� � e
Qs
u.
Lot B
o u co.0 t /45Ac.
to 0 g
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'tp
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N-
to/ 4
/4.e&z Ac. cc'
z
1/4, vslo
0
ts
1/43` N
-, NE Quar/er Sec. 25, T. . , 47671r.
R67W..
i .
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1/4., 633
k1
w W B..
L. v. y
o S- a01
5L
ti
e �
21040'1' a..—0
ii,,,,-•Sou/X 0ccrfer corner Pr. . "` l e
. McRAE & SI-IORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PRDJ. NO 8rO 002
I. .
RECORDED EXEMPT/ON NO.,
SHEET 3 OF 3
North Quor/er corner Sat 25, Nor/heos/ Corner Sec 25
(W7N, R676g• Tue Point o{$eyhnr ig
N. 90°00'00"E. Al 90°00 00`E_ /79. 45' 3�
/4110' m
o, 4 lie/d O un/y Aaof fto 71 g
106\ —I—
IN, 18f.74' "�
cp
ie• �e o
I I-----
Imss. `s`
IV I w
c�
a ; O. 738 Acre 3
/ v,, lb. I </nc/cedes. O. /24 ac. rood ,F0.10 41
/ N C IO
W Ik o •
Scale, /'=50' YI
t O
■ 'Firs /hund Cri
o • pirs sef \u..., -c-‘ •,\ , 1� �.
•
�0. I1'
\•- 2 N99'/7007V /55, 79' 5s
Excep/ed Tac .
SURVEYOR' S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION,
AND TH T THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
GERALD B. McRAE, PROFESSIONAL ENGINEER AND �.` �„PQp•R�.�'�.lSj ,-
LAND SURVEYOR, COLORADO REG. NO. 6616 rr�OQ•�,.6.,1j�.•F,{,,,
tc, lb-oil
g Pi6616m;
Vt.
y °•.
iikiiiliginOit
McRAE & SHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PROJ. NO. 84 222
i
RECORDED EXEMPT/ON NO.. 0705-2571 - RE 955
SHEET I OF 3
DATE: OCTOBER 17, 1986
OWNER: ' WEBSTER LAND & CATTLE COMPANY
24597 HIGHWAY NO. 263 Yi-
GREELEY, CO. 80631
�4
, I
LEGAL DESCRIPTION
THE NORTHEAST QUARTER OF SECTION 25 , TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th P.M. . WELD
COUNTY. COLORADO, EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
A TRACT QF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 7 NORTH. RANGE
67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF AID SECTION 25 AND CONSIDERING THE NORTH LINE
OF SAID NORTHEAST QUARTER TO BEAR NORTH 90 00' 00" EAST AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO;
THENCE NQRTH 90° 00' 00" EAST. 141.20 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER
TO THE TRUE POINT OF BEGINNING;
THENCE NQRTH 90° 00' 00" EAST, 179.45 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER;
THENCE SOUTH 00° 00' 00" WEST, 40.00 FEET;
THENCE SQUTH 35° 15' 18" EAST. 48.05 FEET;
THENCE SOUTH 00° 40' 33" WEST, 60.45 FEET;
THENCE SOUTH 53° 24' 17" WEST, 40.16 FEET;
THENCE NORTH 89° 17' 00" WEST, 153.79 FEET;
THENCE NORTH 43° 08' 17" WEST, 46.29 FEET;
THENCE NORTH 04° 22' 12" EAST, 128,29 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 0.738 ACRES, WHICH INCLUDES 0.124 ACRES OF LAND IN THE PRESENT
ROAD RIGHT-OF-WAY. AND SAID TRACT OF LAND BEING SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASE-
MENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF
LAND.
OWNER'S CERTIFICATE
I, THE UNDERSIGNED, BEING THE SOLE OWNER IN FEE OF TAE ABOVE DESCRIBED PROPERTY DO HEREBY
SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP.
WEBSTER LAND & CATTLE COMPANY:
If -etil 9
WILLI . WEBSTER
STATE OF COLORADO )
COUNTY OF WELD )ss
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF A.D. , 1986 . WITNESS MY HAND AND
SEAL. MY COMMISSION EXPIRES:
NOTARY PUBLIC 0, 41•KO p
• COUNTY COMMISSIONERS' CERTIFICATE . r,, i J
ACCO ANYI LAT IS ACCEPTED AND APPROVED FOR FILING. �` %% / .1, )
,C RIIAN, .BOARD COUNTY COMMISSIONERS
ATTEST: atan44446 •
COUNTY ERK /
DATE: tab y /f p
861131
V L. 6091 -DC cf (�,i.�_ I 1 / q
ivicnMt o an. r i , tine. iCO1 - uli d w I 11Vcl, c Laii.I, vvw(maw vvU... . rnL,. B.p. ,„. ' ZZ
RECORDED EXEMPT/ON NO. 0705-25- I - RE 955
SHEET 2 OF 3
aaaA \ 494, OCR' af, 7 ' l u986 •_
6� 500
h
Ate,jj]
\ Lp/_6'
�
s vl
11) 25 J ,
1
I Sec.2 r tiv,a,4*:e7 If: • A\_ -
0' roe' T
' 3co' 4ccae: 1 =ZOO' //1 y l ' . y/cQ y.. a93aJ ) _
J I \ \ 49J6 \ Q a9s91'./I ' Y
El . PINS SOUND .\ '`�\\1 \I I � '".,
0 PINS SET
LOCATION MAP
SCALE: t'=2000'
North Quarter corner /,J/ -/ Co. JQ NE 5&• corner
c-
N 90°00100"6. 477.73' *Id C Rd. 787
rrn.eto ° 9.45' /Szoe' , 3 S z1sf'_+ A Te
1
I EKce�ed N
I.seeso
f3) No
N
M 0 p •
vii
N 1
24'4ccess ease.
�'!I 15 Yrrvq.dr'fch ease,-----7
Lot B
.v
ql .3, t /45 Ac.
m � Q
z- ..
W o
? N_
Lot 4
/4.062 Ac. ‘k„
w s. 0
'%;% .$
CP.
N N
71 NE Quarfer Sec. 85, T. . , R. 671(7.
Z y33,k
% W .
�,-�. 0
f
547.
— _--0
24.40'#
i%Souh4 Quarter corner 861131
p
McRAF ASHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PROJ. NO.6 6 22Z
RECORDED EXEMPT/ON NO.. 0705 - 25-I -RE 955
SHEET 3 OF 3
Nar/h Quarter miner Sa'.25, #ot/his/ earner Sect 257
(w ,v., RG7U' True Pain/of Beg/thing
/t/ 90°00100116: A/90°0000"E. /79. 45' D�� .
141.?0' 4 1141k11 C01//74/ igad a 7B - g o
1 : —r /8/.74' o S
N I
,e, 1:S
I
I /e• �o 'o
I I Zr �`-
cp
Iti I
,, is
I c.
ti 0758 Acme
N 1,6) I O I (/nc/sides. O./24 do toad .4.0.&) 'h
a N.
W I ` I \
avie: t'z5Ds % a \ p
ili t Pits found w k e Gj
SA pi�S se/ 4 ao`- ��
Q \ gyp. 7•101.\• J, �,
••- ,/ Nef9°i7VO k! /5j 79' 09
Excep/ed 7 aci
SURVEYOR' S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION,
AND TH T THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
GERALD B. McRAE, PROFESSIONAL ENGINEER AND Q40on_A0/s79.%4
LAND SURVEYOR, COLORADO REG. NO. 6616 w�•• B•*Ste c-,,%
' yid 6616 '
: ......
„A H WIIIPIIIT
861131
e
I�IcRAE & SHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 ' Paw. NO. E 6 222
Oh Bette'^ Fort Collins Branch: 530 South College Collins,Colorado 80524 (303)4846720
13I, 14 R 1, Fit-miles® Greeley Branch:P.O..Box 519. 1321 8th, enue,Greeley.Colorado 80632 (303)3561331
REALTY I I 1 11,11les® Loveland Branch:2525 North Lincoln,Loveland.Colorado 80537 (303)669-5611
and Gardens.
.Olke,: 1331 Bib Avenue.G,eeley.Cotheado 80631 1303)356.331 Windsor Branch:P.O.Box 908, 1051 Main.Windsor;Colorado 80550 (303)686-7483
RESIDENTIAL •
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies include Specific Performance)
The prinInd porllone of Ns form,pproved by the Colande Reel Wale Commlieloa(SC 14441)TNIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL.TAX OR O111ER COUNSEL
SHOULD BE CONSULTED BEFORE SIGNING. - August 19
1.The undersigned agent hereby acknowledges having received from James C. Heird
the sum of5 2,000.00 ,in the form of check •
to be held by Realty World Clift , broker, In broker's escrow or trustee account, as earnest money and
pail payment for the following described real estate in the said _County of
Weld ,Colorado,to wit:CPProximately 15_ acres 2 houses, barn. mach a hed, chicken
_coup to be split on '2 recorded exemptions: Small: house and 1 acre, large house al3
out buildings and 14 acres (situated in'+the 'NE11,. Sec 25, T7, R67W)
•
together with all Improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their
present condition,ordinary wear and tear excepted.known as No. 11570 WCR 78, Eaton CO
and•hereinafter called the Property.
sln•m Addr1T. James C. Heird
2. Ile undersigned person(s)sons)
(as joint tennifis/tennnts--tn--coinmon). hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s),
hereinafter celled Seller. hereby agrees to sell the Property upon the terms and conditions stated herein.
•
•
•
4. Price to include any of the following items currently on the Properly: lighting, heating, plumbing, ventilating, and central air conditioning
fixtures: attached TV antennas and/or water softener(if owned by Seller); all outdoor plants, window and porch shades, venetian blinds, storm
windows, storm doors, screens, curtain rods, drapery rods. attached mirrors, linoleum, floor file, awnings, fireplace screen and grate, built-In
kitchen appliances.well-to-wall carpeting self cleaning range, range hood, dishwasher, disposal. side-hy-
side refrigerator, heater in machine stied. forge in machine shed.2 wells and pumps.
sl7> o s antenna. eilin fa sprinkler sys�p, a] 1 window rover i•ngs.and
—an sifts nut twne edfenteclear ma Z xestlse.
all in 1 fair present condition, conveyed free and clear of a taxes, ions and encumbrances except as provided in paragraph 11: provided,
howovor,that the following fixtures of a permanent nature are excluded from this sale: personal property of renter in
small house
_.Personal property shall be conveyed by bill of sale.
5. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a) apply for such loan.
(b) execute all documents and furnish all information and documents required by the lender, and(c) pay the customary costs of obtaining such
loan. Then if such loan is not approved on or before prior to ci osi ng , 1986 , or If so approved but is not available at
time of closing, this contract shall bo null and void and all payments and things of value received hereunder shall be returned to Purchaser.
6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption If required and agrees to pay(1) a
loan transfer fee not to exceed S N/A and(2)an interest rate not to exceed % par annum.If the loan to be
assumed has provisions for a shared equity or variable interest rates or variable payments, this contract Is conditioned upon the Purchaser
reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required, this contract Is conditioned upon
obtaining such consent without change in the terms and conditions of such loan except as herein provided.
7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not be assignable by Purchaser
without written consent of Seller. •.. •
8.Cost of any appraisal for loan purposes to he obtained after this data shall be paid by pnrr-haaer .
9.An abstract of title to the Property, certified to dale, or a current commitment for title insurance policy in an amount equal to the purchase
price, at Seller's option and expense. shall be furnished to Purchaser on or before September 25 ,19 86 _• If Seller
elects to furnish said title insurance commitment, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium
thereon.
10.The date of closing shell be the date for delivery of deed as provided in paragraph 11.The hour and place of closing shall be designated by •
Wheeler Realty Company and Realty World—Cljt .
11. Title shall be merchantable in Seller, except as stated in this paragraph and In paragraphs 12 end 13. Subject to payment or lender as
above provided and compliance by Purchaser with the other terms end provisions hereof,Seller shall execute and deliver a good and sufficient
General warranty deed to Purchaser on Ortohe 19852_._. or, by
mutual agreement, at an earlier date, conveying the Property free and clear of all taxes, except.the general taxes for the year of closing, and
except None
free and clear of all liens for special improvements installed as of
the date of Purchaser's signature hereon,whether assessed or not;free and clear of all liens and encumbrances except None _
•
'.c '
I
+.�' -'t'Ss .'c rF 1 r ,ht . ,� .: .. a:+ • '"+ .,r-.+y y".�,��5' w-$'`�i.,��+4'�M1.w,� �4`eS1{�l )A f 4>
x�:? .r . ..,"r '$ •w,-;.,. "L�^"'.'''�:"� fJ-._.. <'(,- n e.;At „k&�e ... �'. ..'.�' . . -a;. k1d'��';.,,'�a'.'
BOARD OF DIRECT0RS
. NORTH WELD COUNTY WATER DISTRI
• EpiEBTTKiGE3 ��
ALEXJ$EI0ENREICH
• A0BERTALKIRE f' �"` HIGHWAY 85 LUCERNE,COLORADO 80646
GARY SMIPS0N , iI LYLE NELSON,MGR.
W.M.MCKAY -, P.O.P.O.BOX 56 - PHONE 356.3020
October 13, 1986
RE: Water Service - Webster Land & Cattle Co .
•
Dear Sirs, -
This letter is in response to your inquiry regarding water service
to the following described property:
•
•
NE* Sec. 25-7-67 Meter # 173 5/8"
•
•
1. X Water service is presently being provided to the above
described property.
•
• 2. X - Water service can be made available to the above
described property provided all requirements of the
• . District are satisfied. -
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter, this letter shall
become null and void.
Additional comments:
i .
;a :
Sincerely,
• ' NORTH WELD COUNTY WATER DISTRICT
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Lyl D. Nelson , Manager
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LDN/wb -
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Hello