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Home My WebLink About880310.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 731 - BENNETT AND MOODY 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, on January 9, 1985 , approved Recorded Exemption No. 731 for Charles and Bonnie Gustafson concerning property located in part of the NW* , Section 6 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Billy W. and Nancy B. Bennett and J. Gale and Valerie A. Moody are now requesting that Recorded Exemption No. 731 be amended, and WHEREAS, the Board has studied said request for an amendment to Recorded Exemption No. 731 and deems it advisable to approve same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the amendment to Recorded Exemption No. 526 for Bille W. and Nancy B. Bennett and J. Gale and Valerie A. Moody be, and hereby is approved. 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. JV C� "" 880310 Page 2 RE: AMENDED RE #731 - BENNETT AND MOODY The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D. , 1988 . t �j�_ .rL BOARD OF COUNTY COMMISSIONERS ATTEST: ' ,�Ca� /Ldfp(�J WELOUNTY, COLORADO Weld County Clerk and Recorder .!� :.�y�OK.// (� 1�c.�'- and Clerk to the Board Gene R. Brantner, Chairman EXCUSED ----)Ir -t.p,- C.W. Kirby, Pro-Tem Deputy County lerk APPROVED AS TO FORM: J- que a , , s CP 01 Gor , :,, ./ �a a J County Attorney °,. } - ,t Frank Yamaguchi 880310 y 1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO �• April 27, 1988 1 ? y d, Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Amended Recorded Exemption l%731 Dear Commissioners: This request for a recorded exemption is submitted by Mr. and Mrs Billy Bennett and Mr. and Mrs. J. Gale Moody. The parcel of land on which this request is being made is described as part of the NWi of Section 6, T6N, R64W of the 6th P.M . , Weld County, Colorado. The property is located approximately 0.5 miles west of the Town of Galeton, east of Weld County Road 49, and south of Weld County Road 74 . The parcels of land under consideration are the total land holdings of the applicants. This request is for readjustment of lot lines on a previously approved recorded exemption. The property lies to the east of a lateral which separates the property into two parcels of 36.06 acres and a 90.08 acres, more or less . In order to use the recorded exemption procedure, one of the parcels being created must be less than 35 acres in size. The western lot line of the larger parcel would need to be moved to the west of the lateral approximately 22 feet and extend the full length of the lateral to satisfy the acreage requirement of 35 acres or less. The Department of Planning and Services' staff is concerned that the property lying between the western property line of the newly created lot and the lateral would be unmanageable for agricultural production and not be efficient and orderly development. The creation of this lot equaling less than 35 acres is large enough to promote further subdivision and the potential for more residential development in a rural area. (380,3 10 Board of County Commissioners April 27, 1988 Page 2 The staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 9-2 F. (1) (a) through (m) have been met. Respectfully submitted, .r ent P nner RSR:rjg 88031O xr- -y l' g• •C r4/6 od $ {{nyuqpJ r t H 1 I Y o� 'vo • 1 9 .0 " I W'Y ' • .] i. I i) iI it �,\ » • „. I ' -___FT;�! 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I i Va , t 51 i L4', • i = : } ;'� # A ti ,i, E° arr it k .i; t 4 r j1. "t .. .t t" '"1t' e n X P. +YL" 44 Xi• o y. 's ,. tic #�N t .. 1 - 88O10 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Moody and Bennet Case No: Amended RE-731 Legal Description: Part of the NW} of Section 6, T6N, R64W of the 6th P.M., Weld County, Colorado Larger Lot Size: 111 acres, t Small Lot Size: 33 acres, ± Criteria Check List Meets Criteria Yes No X I . 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. 5. Complies with minimum lot size requirement. X 6. Complies with the Weld County Comprehensive Plan. 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. 880310 FIELD CHECK FILING NUMBER: Amended RE-731 DATE OF INSPECTION: April 12, 1988 NAME: Bennet and Moody, c/o Bruce Johnson REQUEST: Amended Recorded Exemption LEGAL DESCRIPTION: Part of the NW} of Section 6, T6N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 0.5 miles west of the Town of Galeton, east of Weld County Road 49, and south of Weld County Road 74. ZONING A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) LAND USE: N Agricultural E Agricultural, Town of Galeton S Agricultural, USR-138 W Agricultural COMMENTS: On the original Lot A of RE-731, there are two existing stick built homes, and approximately five accessory structures. The remainder of Lot A has been used for the cultivation of corn. Access to Lot A is off of Weld County Road 74, a black topped surfaced road having a classification of County arterial. Lot A is cleanly separated from Lot B by a concrete formed lateral which runs in an east west direction. Lot B has no existing structures located on it and has been historically used for agricultural production; though it appears that recently cultivation has ceased. Lot B is separated by a 2, 100 feet lateral which divides the lot into two portions equaling 36.06 acres and 90.08 acres, more or less. Topographically, Lot B slopes in a southeasterly direction to the east of the 2, 100 feet lateral and to a southwesterly direction to the laterals west. By: %e i Brian J., Bingle Current-Planner / (/ 880310 AP 'CATION FOR/RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 o Department of Planning Services, 915 10th Street , Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: Ll0 1=ooii�ia„� 04 �� c_ APPL. FEE CASE NO. r'- T-i= I RECORDING FEE ZONING DISTRICT N�.2-4 c « aL RECEIPT NO. DATE 3 LA — Se APPL. CHECKED BY FJO p% ret-r S.— USCi� TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersl enai dhereby request that the following described property be designated an/recoreded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: The Northwest Quarter (NW`s) of Section 6, Township 6 North, Range 64 West of the 6th P.M. , Lot A and B of Recorded Exemption No. 801-6-2-RE-731 recorded January 28, 1985 in Book 1056 at Reception No. 1996620 TOTAL ACREAGE: 18.32 + Acres in Lot A and 126 .14 + Acres in Lot B Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes x No FEE OWNERS OF PROPERTY: Name: Billy W. and Nancy B. Bennett Address: 24304 WCR 74, Eaton, CO 80615 n "5 _ •t I Name: J. Gale Moody and Valerie A. Moodyt ®B ,988 Address: Ft. Collins , CO Phone lit 7 1� j�, Name: Address: Phone: Proposed WATER SOURCE: Larger Parcel NWCWD water tap Smaller Parcel NWCWD water tap TYPE OF SEWER: Larger Parcel septic Smaller Parcelproposed septic PROPOSED USE: Larger Parcel Agriculture/ResidentiaSmaller ParcelAgricuiture/Residential Increased from 18.32 A Decreased from 126.14 A ACREAGE: Larger Parcel to 111 + A Smaller Parce133 ± A EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) No I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) / STATE OF COLORADO ) Signature: X xXr Authorized Agent A. Brucg ,Johnson Subscribed and sworn to before me this day of March , 1$g (SEAL) J Notary Public June 18, 1990 My Comrission expires: 880310 ‘ 'a=. bruce rr JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 March 7, 1988 Department of Planning Services 915 10th Street Greeley, CO 80631 To Whom It May Concern: 1 ) Attached is an Application for Recorded Exemption on property currently owned by Billy W. and Nancy B. Bennett , Lot "A" and J . Gale and Valerie A . Moody , Lot "B" and described in Recorded Exemption No. 8O1-6-2-RE-731 being part of the NW4 of Section 6 , Township 6 North, Range 64 West of the 6th P .M. Enclosed is a check in the amount of $206.00 payable to the Department of Plan- ning Services to cover the Application and recording fees . 2 ) A Certificate of Conveyance is enclosed from Transamerica Title of Greeley. 3) Enclosed are copies of Deeds on the respective properties . 4 ) Subject Application is submitted for the purpose and reason of : a ) Bennetts will continue to reside in the improvements in the newly proposed Lot A but request to purchase part of Lot B; b) Allow Moodys to sell part of the adjoining field (Lot B) ; c) The property line of the proposed split is recommended due to the historical flow of irrigation water , and neighbors' irri- gation ditches . Access easements on existing field roads were also taken into consideration to allow parties of each lot to access and operate their respective lands . 5) This proposal is consistent with the policies of the Weld County Comprehensive Plan for the following reasons : a) The farmland of the existing farm will remain as farm- land ; b) There will not be an increase in residences ; '.• z��/i c=*tk .fir `— ,f�A_ ., Colorado-Nebraska • Farm & Ranch • Water hpera sals • Sales • Exchanres • Minerals • Consulting 880310 Department of Planning Services Page Two March 7 , 1988 c) This change does not promote business or industries in the existing Agricultural Zone ; and d) The proposed change in Lot A and Lot B will not allow the construction of another residence (in addition to what is presently allowed) . This split will not materially reduce the productive capability of the existing farm. The same number of acres will still be farmed , none will be taken out of production . e ) Paragraphs 4 through 13 of the Agricultural Policies do not apply to this Amended Recorded Exemption Application because they apply to the development of subdivisions , mineral extraction and disposal sites . 6) This proposal is consistent with the Agricultural Zone District because the farmland will remain as farmland and the farmsteads will remain as a rural residence . A new residence may be constructed on Proposed Lot B. The uses of proposed Lot A and Lot B will neither interfere with nor be incompatible with the neighboring Agricultural Zone for the above reasons . 7) The uses of proposed Lot B (a rural residence and farm) will be remain the same as it presently is . The use of proposed change in Lot A will remain irrigated farmland and a rural residence , which is the same as the land to the north , south , east and west of subject property. The proposed change in Lot A and B is consistent and compatible with existing surrounding land uses . 8) The uses permitted in the proposed change in Lot A and B will be compatible with future development of the surrounding area as permitted by the existing Agricultural Zone and with future development as projected by the Comprehensive Plan of Weld County . The proposed lots are within a three mile radius of Galeton , Colorado . 9) The proposed split , in my opinion, will not be inconsistent with efficient and orderly development of the immediate surrounding properties . 10) Lot A has an existing North Weld water tap and operating septic system. Lot B has been previously granted a North Weld water tap and operating septic system (see original application) . 11 ) Subject property is not located in a flood plane , geologic hazard , nor the Weld County Airport overlay district . 12 ) The Sketch Plan Map is attached for visualization of the proposed change in property lines . 880310 • Department of Planning Service Page Three March 7 , 1988 13) When the Amended Recorded Exemption is approved , a plat as described in your Recorded Exemption Procedural Guide will be submitted to the Department of Planning Services for recording by the Weld County Clerk and Recorder . 14) Attached is a Power of Attorney form authorizing me to make this application on behalf of the owners . 15 ) Please send copies of all correspondence with Applicants to: A. Bruce Johnson, 801 8th St . , Suite 220, Greeley, CO 80631 . If you need any further information, I will try to accommodate your request . Thank you for your assistance in this matter ! Sincerely, A . BRUCE JOHNSON ABJ/sc Attachments 880310 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS , that x, We. Bi i iy W Bennett and Nancy B. Bennett (name) , the undersigned, of 24304 WCR .?- Raton, • __ (address) , County of Wei d —. State of _ Colorado , here- by constitute , make and appoint A. Brute lohn<nn (name) , of 801 8th St . , Suite 220 Greeley (address) , County of Weld State of Colorado , my true and lawful attorney— in-fact , for the following purpose : To represent me in the matter of the foregoing attached application for an_Amended Recorded Exemption -- (variance , recorded exemption, etc . ) , in regard to and only in regard to the particular property described in said ap- plication , before the Board of County Commicsinnerc and/or Planning Commission ( Board of County Commissioners , Board of Adjustment , etc. ) and to present evidence on my behalf before said Board . a1 psi >,t ✓ 7a 6C('.c//. 54 ,L B LL W. BENN T NANCY B. SENNETT subscribed and sworn to before me this _ *litec, day of March 19 88 . 1 Notary Public My c::m2 //,' - / ; t7:6; ` 4 c ssion expires : �� it 880310 S8 03 R' iE>84.3`J 8u59 ,.__� P / if 97°59'50 HE 234.321 / ----4 -5. I N 1 4°15 21" E 33.28'- O m LOT 'A' / . .,� N45°11:031.1E 34.66 IC o ± i\ t , N 70°43 37��E 47.45 18. 32- AC. \ S86°4212"E 95.501 O m 05.. ..‘2,-`1,-- NN47°48122"E 181.20' ktSBS°4L-26=',_NB4°3S,02, -523,--71\1 20' ACCESS EASEMENT I (54.81' 393.67' i N 75 44'25"E 83.56' -746.4-5 P.' ;/ rf L,10 60'R.0.1 . -ti�)(st✓i/ I ` I L�aFrL r ^ o �r, 1 �� /1l i-'c.: 1 / n ? t j+:-+tc�.-rNf .. �7 p 1 ig�.<""Turf e?--- ;:, -�� N.W. I / SEC. 6 - T. 6N. R. 64 W. f i ,, ( - /}' i - 0 I X2%7` ; , 12` . I t ACRES ` y 3 , /l N col /co, a� e/ ` /may✓' \N'N e I ) if 1 _% I SCALE: JI ° = 400' I W. 1/4 COR. 6-6 - 64 , LOT 'A' = 18. 32± ACRES I-4 LOT ' B' = 126. 141- ACRES 2 W TOTAL = 144.46± ACRES W.C.R.. 74 r 1 S ? LOT 'A' _ H V r 3; ' I' 33 ` ir. • ' -LOT-,e, GALET0N-' - 3 III H SECTIOIN 6I� r vI v O z cc1 / --1 / `, Y SCALE: 1 = 2 , 880310 / / 1, ; cam ' POWER OF ATTORNEY KNOW ALL DSEN BY THESE PRESENTS , that &X, We J. Gale Moody and Valerie A. Moody (name) , the undersigned, of P.O. Box 9078 (address) , Ft . Collins, -- -- County of Latimer State of Colorado here- by constitute , make and appoint A. Bruce Johnson _ (name) , of 801 8th St. , Suite 220, Greeley (address) , County of Weld State of Colorado _ , my true and lawful attorney- in-fact , for the following purpose : To represent me in the matter of the foregoing attached application for an Amended Recorded Exemption (variance, recorded exemption , etc. ) , in regard to and only in regard to the particular property described in said ap- plication , before the Board of County Commissioners and/or Planning Commission (Board of County Commissioners , Board of Adjustment , etc. ) and to present evidence on my behalf before said Board. �/_�� VAL- A. MOODY ` r- . LE M0t". Subscribed and sworn to before me this IS�i, day of March , 1138 . -. *T.)/Notary Public . My commission expires : f- . r// . 880310 • WELD GOUNt'% CERTIFICATE CF CONVEYANCES DEUARTMFNT OF PLANNING SERVICES Order No. 8502722 STATE OF COLORADO ) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful :search of its records , and finds the following conveyances affecting the real estate described herein since August l0, 1972. LEGAL DESCRIPTION: Lots A and B, Recorded Exemption No. 0801-6-2-RE731, recorded January 28, 1985 in Book 1056 as Reception No. 1996620 , more particularly described as The Northwest Quarter of Section 6 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado. CONVEYANCES (if none appear, so state) : Reception No. 2nnlnnl _ , Book 1069 Reception go. 2001352 . Book 1060 Reception No. Book Reception No. , Book Reception No. , Book Reception No. _ , Book _ Reception No. , Bock 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 little nor an opinion of title, nor a guarantee Title , and the liability of TRANSAMERICA • TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness 'Whereof , TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to he signed by its proper officer this 24th day of February , A.D. , 1988 . at 7: 00 A.M. — o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY BY: lc.c4i„) AUTHORIZED SIGNATURE • 880310 • AR2001003 B 1060 REC 0 R F 1508 MARY ANN I 03/06/85 6 5 FEUERSTEINCLERK6RECORDER WELD CO, CO . • THIS DEED, Made this day of March , 19 85 between CHARLES ELMER GUSTAFSON and BONNIE MARIE ? :cur-+'4•'+-a,-- GUSTAFSON .-.. "vyW,P 4-'fir. .t :9y,- State Documentary Fee t'-v4- •+.f•}.. -- � 198;i t weld Date MAR ,� .:of the County of and State of Colorado, $ '- -S. .l7 of the A t an. a d J. GALE MOODY and VALERIE A. MOODY, r' as loin tenan s with right of survivorship and not as tenants in common, whose legal address is 11570 Weld County Road 1i78, Eaton, Colorado 80615, ..k of the County of Weld and State of Colorado,of the second part: WITNESSETH, That the said pan ies of the first part, for and in consideration of the sum of other good and valuable consideration and Ten ($10.00) DOLLARS, a I ` t °iz $ to the said part les of the first pan in hand paid by the said part ies of the second part,the receipt whereof is r _ ,)::-.11,3 hereby confessed and acknowledged,ha ve granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm, unto the said part ies of the second part, their heirs and assigns forever,all the following described lot or parcel of land,situate,lying and being in the '' .. County of weld and State of Colorado,to wit: 4^ • e That certain parcel of real estate which is legally t* rt.? described on Exhibit "A" attached hereto and incorporated - .r "--: hereinafter by reference (hereinafter "the Exhibit 'A' Property") . D F RESERVATION OF MINERAL INTEREST AND GRANT OF EXECUTIVE PRIVILEGES: The Grantors as expressly represent and warrant that, prior to the execution and delivery of _ f .. IJ- this Warranty Deed to the Grantees, they were the owners of one hundred percent .4., (100%) of all oil, gas, gravel, and other minerals and mineral rights located Sin, on, or under the surface of the Exhibit "A" Property (hereinafter "the • ;. Exhibit 'A' Property Mineral Rights") . The Grantors herein expressly except and .reserve unto themselves, their heirs, administrators, and assigns, an undivided twenty-five percent (25%) interest in and to the Exhibit "A" Property Mineral Rights, with an undivided seventy-five percent (75%) interest in and to the ii Exhibit "A" Property Mineral Rights being conveyed hereby to the Grantees. The Grantors are retaining ownership of the parcel of real estate which is described A.11- on Exhibit "B" attached hereto (hereinafter "the Exhibit 'B' Property") and "' ,.. . which is adjacent to the Exhibit "A" Property. The Grantors are the owners of ,\ 1 i ''� one hundred percent (100%) of all oil, gas, gravel, and other minerals and ii mineral rights located in, on, or under the surface of the Exhibit "B" Property -..7„ i; (hereinafter "the Exhibit 'B' Property Mineral Rights"). With respect to both IS,' I the Exhibit "A" Property Mineral Rights and the Exhibit "B" Property Mineral 3�4 i, Rights, the Grantors hereby grant, assign, transfer, and convey to the Grantees, -; ,;4. • rt,-. iI their heirs, administrator°, and assigns, all "executive privileges" with ' AO,-, respect to the leasing or production of oil, gas, and other minerals, thereby t. i :_t: authorizing the Grantees, their heirs, administrators, and assigns, to : negotiate, in their sole and absolute discretion, the terms and conditions of t ' any oil, gas, or other mineral leases, and any such lease terms negotiated by dthe Grantees, their heirs, administrators, and assigns, shall be binding upon r, ' ,, i the Grantors. JGRANT OF EASEMENT: The Grantors hereby grant and convey unto the Grantees, o-! i=.l<r Al 444 ii their heirs, administrators, and assigns, a non-exclusive, perpetual road . . . easement and right-of-way over and across the most Southerly twenty feet (20') ,a ,.., '. . ii of the Exhibit "B" Property, together with the right (but not the obligation) to ^" ! construci or cause to be constructed a road over and across said easement and right-of-way and to maintain or repair any such road. Said easement is j described and shown or. recorded Exemption Survey No. 0801-6-2-RE 731, recorded "' s I January 28, 1985, L. Book 1056 as Reception No. 1996620. '- v ' " I also known as street and number (Vacant land, no street address assigned) r$ ' •-:I . w 11- I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise : > t $'. ;! appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof`and all rtyb '` • i i the estate,right,title,interest,claim and demand whatsoever of the said part ies of the first part,either in law 1 it or equity, of, in and to the above bargained premises, with the hereditaments and appurtem31 111 Cn IA\ w,"v\\T\ ,l,a,l— V•..nn. ........v....d u •.... o.,n,.,.,, • .y .e... . ...- •n•. •. m,,,n...,__.n n� ` B 1060 REC 02001003 03/06/85 16:51 $12.00 3/004 F 1510 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO EXHIBIT "A' ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN CHARLES ELMER GUSTAFSON AND BONNIE MARIE GUSTAFSON ("THE GRANTORS') AND J. GALE MOODY AND VALERIE A. MOODY ("THE L,t GRANTEES') LEGAL DESCRIPTION o OF THE EXHIBIT "A" PROPERTY i 1 x ' fi# Lot B of Recorded Exemption Survey No. 0801-6-2-RE 731, recorded January 28, 1985, in Book 1056 as Reception No. 1996620, being more particularly described as {r, follows: The NW1/4 of Section 6, Township 6 North, Range 64 West -u of the 6th P.M. , EXCEPTING therefrom a tract of land being more particularly described as follows: A part of the NW1/4 of Section 6, Township 6 North, Range 64 West of the 6th P.M. , being more particularly described as follows: BEGINNING at the Northwest corner, also known as TRUE -'" 4$t. POINT POINT OF BEGINNING, of said Section 6, and considering - - - ;. the West line of the Northwest 1/4 as bearing zi S 00°00 '00" W, and with all other bearings contained rt s,N,., • herein relative thereto: thence S 00°00'00" W, 537.81 feet along the West line ` of said NW1/4; thence S 85°41 '26" E, 354.81 feet;• w+. thence N 89°37'02" E, 393.67 feet; ', thence N 75°44 '25" E, 83.56 feet; thence N 69°55' 12" E, 522.77 feet; thence N 47°48'22" E, 181.20 feet; ° thence N 84°18'21" E, 33.28 feet; thence S 86°42'12" E, 95.50 feet; thence N 70°43'37" E, 47.45 feet; thence N 45°11'03" E, 34.66 feet; thence N 07°59 '50" E, 234.32 feet to a point on the North line of the NW1/4 of said Section 6; {3 thence S 88°59'03" W, 1684.38 feet along the North line of the NW1/4 to the TRUE POINT OF BEGINNING. . -.. . gs 4t; Eta tt \'5 S: • FriMp a l.. Z -.f b 880310 �. . • B 1060 REC 02001003 03/06/85 16:51 512.00 4/004 F 1511 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED � •. ' BETWEEN CHARLES ELMER GUSTAFSON AND BONNIE MARIE GUSTAFSON ("THE GRANTORS") AND J. GALE MOODY AND VALERIE A. MOODY ("THE GRANTEES") LEGAL DESCRIPTION OF THE EXHIBIT "B" PROPERTYc I— ro • A tract of land being more particularly described as follows: fat : LL, A part of the NW1/4 of Section 6, Township 6 North, ` h Range 64 West of the 6th P.M. , being more particularly Yr ;, described as follows: BEGINNING at the Northwest corner, also known as TRUE As ^ POINT OF BEGINNING, of said Section 6, and considering t the West line of the Northwest 1/4 as bearing e • .°.' S 00°00'00" W, and with all other bearings contained �. herein relative thereto: ;-- thence S 00°00'00" W, 537.81 feet along the West line r *' _ of said NW1/4; thence S 85°41'26" E, 354.81 feet; thence N 89°37'02" E, 393.67 feet; f thence N 75°44'25" E, 83.56 feet; thence N 69°55'12" E, 522.77 feet; thence N 47°48'22" E, 181.20 feet; = thence N 84°18'21" E, 33.28 feet; thence S 86°42 '12" E, 95.50 feet; thence N 70°43'37" E, 47.45 feet; ay thence N 45°11'03" E, 34.66 feet; thence N 07°59'50" E, 234.32 feet to a point on the North line of the NW1/4 of said Section 6; h thence S 88°59'03" W, 1684.38 feet along the North line of the NW1/4 to the TRUE POINT OF BEGINNING. '- I tr E i -/ • yuy_ d 1: Tn P aa,ry "Ali' . 880310 ; r -, AR2001352 B 1060 REC 02001352 03/08/85 16:50 $6.00 1/002 t• F 2185 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO t , k RECORDER'S STAMP THIS DEED. Made this 6th dayof March IJ,85 ,between Charles Elmer Gustafson and Bonnie Marie Gustafson Slate Documentary Fee HAR 81985 t' Date '3 .. 7 and Stateuf of the said Cuunty of Weld _ /'.ulorudo,of the hest part,and Billy W. Bennett and Nancy B. Bennett , i whose legal address is 15148 WCP 234 Platteville, CO 60651 • 7 1 1 1 of.he said County of Weld and State of(*aluredo.of the second part: 1 N'ITNF.SSF,TH,that the said parties of the first part.for and inconsideration of the mum of other good i and valuable consideration ani ten ($10,00) DOLLARS, a to the said part ice of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby I' i confessed and acknowledged,ha ye grunted.bargained,sold and conveyed,and by these presents du hereby grunt,bargain,sell.convey and confirm unto the said par ties of the second part,their heirs and assigns forever,nut in 3 tenancy in common but in joint tenancy,all the following described lot or parcel of land.situate,lying and being in - {y the said County of Weld and State of Colorado,to wit: b See Exhibit A. attached r . � ' t 'Ca F • i also known as street and ramber 24306 WCR 74 Eaton, Colorado 80615 I TOGETHER w,tn all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate, right,title,interest,claim and demand whatsoever of the said parties of the first part,either in law or - equity,of,in and to the above bargained premises,with the hereditament,and appurtenances. TO HAVE AND TO HOLD 0: said premises above bargained and described,with the appurtenances,unto the 1. said parties of the second part,their heirs and assigns forever.And the said parties of the first part,fur then L se,lve8 their heirs,executors,and administrators du herebYcovenant,grant,bargain and agree to and with the L. said parties of the second part. their heirs and assigns, that at the time of the unsealing and delivery of these e presents are well seised of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and halve good right,full power and lawful authority to grant,bargain. • . sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former end other grants,barg ai rut,sales,liens,taxes,assessment andencumbrances of whatever kind ur nature starter. 1.)All existing ! easements 6 rights—of—way in place or of record. 2.)A11 oil,gas,gravel,or other mineral leases,reservations, t or exceptions of record. 3.)Any restrictions,reservations,or exceptions. 4.)A1l zoning and other governmental , rules and regulations. 5,)IncIcsion of the property in any improvement districts, 6.)General property taxes t for the year 1965 and subsequent years. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their 1. heirs and assigns,against all and every person or persons lawfully claimingur to claim the whole or any part thereof. • the said parties of the first part shall and will WARRA`IT AND FOREVER DEFEND. IN WITNESS WHEF%OF the said parties "' the first , .'t hay¢ hereunto set Lh¢111tande and seal the day and year tirst above written. //////J�ff0 P � // Signed,Sealed and Delivered in the Presence of SCE 2 rv"'L LfCeG'�LdatLlSEALI 11 ----_ __ ISEALI STATE OFCOLORA DO 1 I ss, ._--_—.—_.County of__.Welst__—_ The foregoing instrument was acknowledged before no,this dayof March u85,.�'�,ICiidrles Elmer Gustafson and Bonnie Marie Gustafson ' o o ifrfuumiNtQyexpires May 26 .19 87.Witness my hand an final seal, 'j q4• J •'x`. ss , c—I 17m :t 801 8th St., Suite 220, Greet'ey ec''er 4.4.•9 ". ..f" : e 'tit :�..... ` Jr 380310 c ' . 1 •... •,•, ta.,,u%%,rnnru r.Le.,r....n, . a,.N.•Aruba,x,.,.na.aweo.asA,.nu. tnd,L..rwu..eoroun-001071 e014.sw i • B 1060 REC 02001352 03/08/85 16:50 $6.00 2/002 F 2186 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO i N ' Exhibit A I E. Lot A of Recorded Exemption No. 0801-6-2-RE731, 'r I recorded January 28, 1985 in Book 1056 as Reception No. 1996620, L . i being a part of the NW} of Section 6, Township 6 North, Range I 64 West of the 6th P.H., being more particularly described as follows: _ BEGINNING at the Northwest corner, also known as TRUE POINT OF BEGINNING, of said Section 6, and considering the West line of 1 the NWI as bearing S00°00'00"W, and with all other bearings contained herein relative thereto: : thence SOO°00'00"W, 537.81 feet along the West line of said NW}; thence 585°41'26"E, 354.81 feet; I thence N89°37'02"E, 393.67 feet; thence N75°44'25"E, 83.56 feet; thence N69°"'12"E. 522,77 feet; thence N47°42'22"E, 181.20 feet; j. I thence N84°1. 21"E, 33.28 feet; thence 586"42'12"E, 95.50 feet; thence N70°43'37"E, 47.45 feet; thence N45°11'03"E, 34.66 feet; thence N07°59'55'E, 234.32 feet to a point on the North line of NW} of rid Section 6; R " thence S88 59'03"W, 1684.38 feet along the North line of the NWI to the TRUE POINT OF BEGINNING. 1 Reserving unto Grantors all oil, gas and other minerals they now own, if any. 4 ti i r 80 5� .q� �v F i. yt • , , .....s. ...t.. ., - jr.Y p In Wrc , Ps ? 9�tt 3t, Cam'• 'yY $5n.' 4 4,71 rj} rr. .r ,' 3i y ; The" $ 14 r tie d rq L3� k {3Y fir. 'xM'rr i'� ,c1,tal#.r r "yak r'34 14- f -` plc ^y T.14-7,r,7 -, F-. , . $ vi . fro riZ -.-o wv 4c4! 1,4a;-.., hi Yi ,,,""7I:, ,'$i LIP A.^, '' ;kr/ 4..t ' 1"-` :4,,>;� , , att K i e n a e r i` 3 N ir wf ' "II"&'k 'Ai. 1IW a eeke ,'V,} iy' ,.x;� '{s'R• ,,,,,,,,f• 2x 4�s „,. w.ase .-r 7 P.ii.� 7, �� Kql. , 4L(t -. :'d, 7 -' ', it J� ''..^�""` l;Re,'' stiff E 1 'L' +:''' . .. REFERRAL LIST APPLICANT: Billy and Nancy Bennet CASE NUMBER: Amended RE-731 Gale and Valerie Moody SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 8, 1988 NO SR NR NO SR NR County Attorney /✓ X Weld County Health Dept. X Engineering Department County Extension Agent _ Office of Emergency Mngmt Ed Earring _ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 _ State Highway Department P.O. Box 850 Greeley, CO 80632 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response s.9„� q�y �;i..3v.► t‘p t ill . 3MA Al Hie jill talk Weld County Planning March 31, 1988 To Date_I ,� COLORADO From _ Health Protection Services f , d ua 1R4� 77 Case Number: RE-731 Name: Bennet, Billy; Moody, Valerie Subject: _ Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. qc-6I PR 61986 1 A rHOBIOS® brand Microbial Products am „ I320 8 g ►O" b•C I ry _ 26, 9go 3 P4 - V. , (o Co'' i .s .x ©)d ...-Cr. � gee' R1 (402)467I-5458 Calvin L. Heimbouch c3o8 247-2259 Office Phone Home Phone SWOfl1 n 1. Ni,„ y1 fir. y f7 rr ' b7 {{ x'1444. ' t 4a Il f^`��• j Kb t�I + , y yhYu Vv r + p V.' ::.mi a+ .�i4• r • -N., r4 ` '{t * . L w a t;,1 L wAli" h3 , ei, , . . , ci , , , { 1 . � I J 44 ir' `. ' � 1�„„'ggi.ii 'f ♦ Ir 4 t , '�, T Y�Y� t I 'i� i°fl� ' sit _ ' •Ij ' I ` Fh. AA twtr,'i q1 1 { tI rte.. v� 2,w,,,n.'F' .� e 4i r , "•,,t, •*,,-,_ r y ,I!ill ' a ;{ 4 I •. .s 111 I 4 rl / di 'fY 1. *4 t;1‘,4•• tT". fi • ." Y I 2 cYY 1 t i I r Y<ll!.y J �� '1 I 15, � ,� TY 3 .�r , F 1 . r V9m$ •• f ,• a .t t #gg r �, a + 2f y,it fi. f I ' • t 1 I1 . p t„/ , — . k.41 • — m ee x 4 t 2Y w 4G ly '•,^a - >,{la sf • ,`4' L I,4 Y A )^ s • r k it' �4qI $y �q v R., t ' � , ny tl 1�f X' r 'A , � ';�.1/�i { Ae 1 � � t o i 4 : I" y,�I f L • � t'. ' • ,415 '1 t F , 1, s. ' al 1' ' bl l: s y � , t 1y� / .it ,` r : a(..v�r .l q i N, 1 k r ,,,tr.' # '. . � o-u, 4 _ .l wN ,i II tF'1.� t1 4 P FS w _ —4' ct kpe 'uI a+ '1 ,� h 3 �, e -, EXHIBIT .� a41 rC� 13 S 'I 1 �'. �i '� '� :e a' / . rl� ME(r1ORAI1DUM Wi`,PeGene Brantner May 17, 1988 To Dee Brian J. Bingle, Current Planner COLORADO From Amended Recorded Exemption #731, Bennet and Moody Subject: Mr. Brantner, on April 27, 1988, the planning staff brought case Amended RE-731 before the Weld County Commissioners with concerns regarding minimum lot size requirements. During the hearing, the applicant, as well as the applicants representative, indicated that the land split would create a lot equaling 33 acres in size. Hearing testimony to this affect, the commissioners were satisfied that the criteria was met and granted approval. The applicant has now submitted the mylar plat for recording purposes and shows the land split creating a 34.987 acre size. AMENDED RECO f. ,! : o . 9 r A,re E731 EXEMPTION NO. - Northwest Section Corner "" " 41y war s ,�.� v ��a4� of ; oaf) . .sQdarter 1)/ Found Illegible Pin 8 Cop , >, red *74 •\I •4. ,� ..h 4• t " g.`r30 4, ,s• a 30'C. N °ft* • %Ore ° at• 2. 1 el-N East Line of J f 20 Existing Irrigation Northwest '� Ditch Usage Quarter tL co v oai to SCALE. I°=400' * N ch 100 300 200 OS 2 o N g 200 400 3 � 5 o P G. Lot P�<e Vin �Ot 0 i IA 5 Jr NOTE: Basis of Bearings is 312-3 3Ag8 \o9• assuming the West Line o Z 3 of the Northwest Quarter as bearing Ili N. 00°00.00•• E. O 3 O (al O 0 o ° O Set 18•• of *4 rebar with O O O yellow plastic cap stamped Z fTYP1 Q. 9. , East Quarter Corner ZSURVEY ' Found *8 rebar 1 752.98' t o is 22098 o- S.88°57'45° W.-,1705e MARKER •S` I A ' v ill 700 -i►S•88°57'45••W. 752.43%- 1/4—. `^South Line of Northwest West Quarter Corner Exclusive Usage Easement Quarter Found *4 rebar for Lot A • •_•a' OWNERS: 9< `• Galeton- 't . • • G � N J. GALE MOODY 8 VALERIE - r 9 • A. MOODY s . 11570 WCR * 78 t0t e_ 2- Eaton, Colorado 80615 __ &i • 9 746 BILLY W BENNETT 9 /i I NANCY B. BENNETT - 24304 WCR * 74 _ Eaton, Colorado 80615 oe J2 . .. -4727 Sec. 6, T. :61 .N., R. 64 W. VICINITY MA SCALE: I"= 2000' PROJECT NO: 1988-77 DATE: MAY, 1988 880310 JONES-WIN/NGER Greeley, Colorado 80631 . 217 13th Street ( t t�? a �nr? Professional Surveyors, Inc � .N AMENDED REC D EXEMPTION NO: L Q8Ol-6-2'Rg 73! v46 S r Lot 'A' and Lot IR* egomeeeeeer, 31 as recorded' January 28, 1985 in erlC1 a1#. AsopyaO1 the records of the Weld County Clerk andr iemoOiscs'1161MMIartheilleC'{'WWWWQYsrter (NW}0 of Section r %. a. .., West of the Sixth Six (6), . �"^PX'incipaJ: Meridian +1�.�+}.. 1Uf14 . . C:f)S�,'+Nl4. r � ,. ,..; Township Sii i North,•'_'walge SistyrlplR� 6�� SE RY6TCW S c artmovis — I hereby certify that under my petaonai•pupecvision that Lot 'A' of this Recorded Exemption was accurately surveyed, that iron bars were found or set as indicated hereon, and that the foregoing plat is #n accurate repcssentation thereof, to the beat of my knowledge and ,belief. ' Charles B. Jones tr-/ ;V% 2 i Colorado Register:. Profess . - 22098 y: i Land Surveyor #2 **8 $: o i • a •.•.....•'•C S '`.°44L LAND OWNER'S APPROVAL We, the undersigned, being the sole owners in fee of the above described parcels do hereby vacate and abandon the platting as now 'existing, and do hereby subdivide the same as shown on the attached plat. We also dedicate the Easements 'as indicated for the puroposes as defined hereon. Igo+, vallanITTody The forecicthg certificate was acknowledged before me this Al day ofit''''7_, • .? \ Witness my hand and eesl. !ty'Ccmmissicyt Expires:. s/S r o dye �. ��31 . _ 4 Stat.- B lly W. ennett Nancy . t , The,f0rgaping certificate was acknowledged before es th day of 1988 ti, � Witness my hand and seal. Myc, Coamiselon dxpires: 6141111/ /„j Sy ' � . st.` 3 1 COMMISSIONER'S CERTIFICATE 't;, 1\t` )� •( The accompanying plat is accepted and approved for filing. „ 'ar CHAIRMAN OF THE BOARD IONERS '7 R,M ATTEST: County Clerk By: / mw,st o/ CE �:..aa/ Date .f//7/no 880310 .. .tea Hello