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Home My WebLink About890356.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 863 - A. BRUCE JOHNSON 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 , in April of 1986 , the Department of Planning Services reviewed and approved Recorded Exemption No. 863 for A. Bruce Johnson concerning property described as part of the S}NW* , Section 30 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , A. Bruce Johnson is now requesting that Lot B of Recorded Exemption No. 863 be amended by excluding 53 . 0 acres, more or less , from the 78 . 1 acre tract, and WHEREAS , the Board of County Commissioners has studied said request for an amendment to Recorded Exemption No. 863 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. 863 for A. Bruce Johnson be, and hereby is, approved . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1 . 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 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. The applicant shall be responsible for paying the recording fees. 2 . A 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. — 890356 Page 2 RE: AMENDED RE #863 - JOHNSON 3 . An ISDS evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 19th day of April , A.D. , 1989 . ATTEST:tefiltrAt,vCreAdaBOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder A1 r7-u and Clerk to the Board C.W. Kitty, 7hairman ').(1d .dc c114e Deputy County �$�t..cerk If Ski t APPROVED AS TO FORM: ,ene R. Brantner 0 George� K n County Attorney — Gor o . La 890356 DEPART mENT OF PLANNING SERVICES fel/ ;-% PHONE(303)356-4000 EXT.4400 Z 915 10th STREET GREELEY,COLORADO 80631 11 I I C. COLORADO April 19, 1989 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Amended Recorded Exemption 863 Dear Commissioners: This request for an amended recorded exemption is submitted by A. Bruce Johnson. The parcel of land on which this request is being made is described as part of the S} of the NW} of Section 30, T4N, R66W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1 .5 miles west of the Town of Gilcrest; south of Weld County Road 42, west of Weld County Road 25-1/2. The parcel of land under consideration is the total contiguous land ownership of the applicant. This request is to amend a previously approved recorded exemption. The original application was approved to create 2 separate lots for the 2 existing dwellings. The applicant is requesting to amend Lot B of Recorded Exemption 863 by excluding 53.0 acres, more or less, from the original 78.1 acre tract. This would enable the applicant to deed to the Federal Land Bank a 53 acre tract to facilitate debt restructuring and to prevent foreclosure. The 53 acre tract would require the approval of a Use by Special Review application by the County Commissioners prior to a building permit being issued for the construction of a home. The staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 9-2 E. (1) (a) through (m) have been met. Respectfully submitted n le " ent Tanner RJR:dn 890356 CONDITIONS OF APPROVAL Amended RE-863 A. Bruce Johnson 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. The applicant shall be responsible for paying the recording fee. 1. A Weld County Septic 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. 890356 S n •� �NOI • r •R �•f • • • r �.• Il ` L •• • •4i $ rft &Ls; .j x•3p: c �, )�" 7 K R/NION G<L/]o • • , . A ] • ,4,../ » �'�a•rx.] _) I3r •�Yl • .`(E� • I .r:�' ' I :Is . .I� � ,. .1.!.•.f.:4—c'. Ej/ T- „,":: 4: '---- 15-'---,..,;„,....2. 0/...0n1"::\� p 'f • •q '� t Ijji 1 `V./Lt- / •,][Dux1L` RO N:ITT „/9'•1 �y�10..>. G...,.. -"`_ I' •• ',` nit.` \ a•. - R 1Icirc;tam '•A � • j• •¶\J: * • i _E :T ... 5MlJ• � ,�• t -\ (Correction �� • 1- •• ( /_� ell •T�a4. • Wort ,- -. • �le\. _ • I 1?1- cFN • •• s +D,SR�LE - • ' • t ne,. .;;;Tri +. 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I r tt - tlk, 1...• tt,-I • IN A A si. ri F t, Ms t Y 4.'� tr { ♦ 7 f yty t VI f ' { f . t '. ., r r i is t• L 3 f x. .wy is J FIELD CHECK FILING NUMBER: Amended RE-863 DATE OF INSPECTION: February 28, 1989 NAME: Bruce Johnson REQUEST: Recorded exemption LEGAL DESCRIPTION: Part of the Si NWT of Section 30, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 .5 miles west of Gilcrest; south of Weld County Road 25-1/2 LAND USE: N Farmland E Weld County Road 25-1/2, farmland S Farmland W Farmland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The original application, RE-863, was reviewed and approved in April of 1986. When the application was reviewed, two houses were constructed on each lot. The purpose of amending RE-863 is to separate Lot A by use of the subdivision exemption application process and a recorded exemption application for the existing house on Lot B. Approval of the amended application would make available an additional building space. The property is flat. All accesses are from Weld County Road 25-1/2, a gravel road, having a county local classification. By: 890356 w-v v,,-..w.. DEPARTM :TO PLANNING SERVICES ,:joz, PHONE(303)356-4000 EXT. 4400 »a 915 10th STREET y♦ GREELEY,COLORADO 80631 IlC CASE NUMBER Amended RE-863 & SE-361 • COLORADO February 27, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Bruce Johnson for a recorded exemption and subdivision exemption. The parcel of land is described as Si NW$ of Section 30, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 .5 miles west of the Town of Gilcrest, south of Weld County Road 42, and west of Weld County Road 25.5. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March 13, 1989, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. r' o el. -t .r1 a n '2. We do not have a Comprehensive Plan, but we feel this request .1 (is/is not) compatible with the interests of our 21 town for the following reasons: .o i i 2j 3- X We have reviewed the proposal and find no conflicts with our interests. IT- J �J 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please re er to the enclosed letter. Signed: 1yt.i-) _Agency: (=nctjyacec LT Date: $-'Z -bc3l 590356 ( DEPARTN JT OF PLANNING SERVICES PHONE(303)3564000 EXT.4400 915 10th STREET GREELEY, COLORADO 80631 • CASE NUMBER Amended RE-863 & SE-361 COLORADO February 27, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Bruce Johnson for a recorded exemption and subdivision exemption. The parcel of land is described as Si NWi of Section 30, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 .5 miles west of the Town of Gilcrest, south of Weld County Road 42, and west of Weld County Road 25.5. This application is submitted to your office for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendation. Please reply by March 13, 1989, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our rntown for the following reasons: Tr: ALP xWe have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:d G //<r4 li.{,y��gency:Jdl ) °- 67% lc refit' Date: .3.- /3 --E7 890356 mEmoRAnDumwine 4(,--siffk To Weld County Planning Date March 13, 1989 /''� COLORADO From Environmental Protection Services yl,ceLt�} 1/1)4?Yy�ar Case Number: Amended RE-863 and Name: (Johnson, Bruce Subject: SE-361 Environmental 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 he necessary prior to issuing the required septic permits on the existing systems. EPS/dgc Y MAR 1 .5 1989 Wald Co. mLtoimiE uF.&i its u� 890356 a . bruce JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 April 6 , 1989 Department of Planning Services 915 1Oth Street Greeley, CO 8O631 To Whom It May Concern: Please send all correspondence with Applicant to: A. Bruce Johnson, 8O1 8th St . , Suite 22O, Greeley, CO 80631. If you need any further information, I will try to accommodate your request. 1. Attached is an Application for an Amended Recorded Exemption on property currently owned by A. Bruce and Janet H. Johnson and described as Recorded Exemption No. 1O57-3O-2-RE-863 , being part of the S2NW4 of Section 3O, Township 4 North, Range 66 West of the 6th P.M. Enclosed is a check in the amount of $256.OO payable to the Department of Planning Services to cover the Application and recording fees . 2. A Certificate of Conveyance is enclosed from Transamerica Title Services of Greeley. 3. Enclosed is a copy of the deed on the subject property. 4. Subject Application is submitted for the purpose and reason of: a) Applicant requests permission to deed to Federal Land Bank 53.O acres, more or less (no building) , from Lot B of RE 863 (see attached map) . This is to facilitate debt restructuring and to prevent foreclosure ( exempted land) . b) By reducing Lot B to 25.1 acres , more or less, including applicant' s homestead, applicant can retain a home base to oper- ate the balance of their farming operation which is not contin- gent to said lands (proposed Lot B) . c) The size of the parcels after all is completed would be: O Homestead on Lot B = 25 .1 more or less acres Exempted land = 53 .O more or less acres / �l 9A \ 1 Total = 78 .1 more or less acres fa o \ r y� Go Colorado-Nebraska • Farm & Ranch • Water 896356 Appraisals • Sales • Exchanges • Minerals • Consulting OJL" Department of Planning Services Page Two April 6, 1989 d) This division is based upon the historical flow of irriga- tion water . Proposed Lot B encompasses land where water has historically run west. Exempted land has been historically irri- gated to the north. e) This division will continue the space buffer between the homestead and Lot A. Access to proposed Lot B will remain as Weld County Road 25 1/2; access to the proposed exempted land will remain WCR 25 1/2 and Weld County Road 25, thus historical access will remain the same. 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 farmland. b) There could be an increase in residences on the proposed exempted land, however , I believe this could also be the case with the present lot arrangement. c) This change does not promote business or industries in the existing Agricultural Zone . d) This split of Lot B 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. It would be beneficial to the seller by reducing debt. 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 extrac- tions 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 rural residences . The uses of the proposed new exempted land and Amended Lot B will neither interfere with nor be incompatible with the neighboring Agricultural Zone for the above reasons. 7 . The uses of the exempted land (an irrigated farm) will remain the same as it has been for decades; the same as the land to the north, south, east and west of subject property. The use of proposed Lot B will remain the same ( irrigated farmland and rural residence) and is consistent and compatible with existing sur- rounding land uses. 590356 Department of Planning Services Page Three April 6, 1989 8 . The uses permitted in the proposed change in Lot 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 Gilcrest, Colorado. 9. The proposed split, in my opinion, will not be inconsistent with the efficient and orderly development of the immediate sur- rounding properties. 1O. The proposed exempted land does not have an existing Central Weld water tap nor operating septic system, however , a domestic well and/or water tap and septic system are possible and allow- able. The proposed Lot B has an existing Central Weld Water tap, domestic well and operating septic system. 11 . Subject property is not located in a flood plain, geologic hazard, nor the Weld County Airport overlay district. 12. The Sketch Plan Map is attached to this application. 13. When this Amended Recorded Exemption is approved, a plat as described in your Recorded Subdivision Guide will be submitted to the Department of Planning Services for recording by the Weld County Clerk and Recorder . Thank you for your assistance in this matter ! Sincerely, onc6 1414/ 7 A. Bruc Johnson ABJ/sc Attachments 890356 APPLICATION FOR/RECORDED EXEMPTI1' 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: Part of the South Half of the Northwest Quarter (SkNW}) of Section 30, Township 4 North, Range 66 West of the 6th P.M. , known as Lot B of Recorded Exemption No. 1O57-3O-2-RE 863 recorded May 27, 1986 in Book 114 at Reception No. 02054934 TOTAL ACREAGE: 78 ± 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: A. Bruce Johnson & Janet H. Johnson Address: 19619 WCR 25%, Platteville, CO 80651 Phone: 356-6110 Name: Address: _ Phone: • Name: Address: Phone: Proposed CWCWD water WATER SOURCE: Larger Parcel/ tap or well Smaller ParcelCWCWD water tap TYPE OF. SEWER: Larger Parcel proposed septic Smaller Parcel existing septic Agricultural/ PROPOSED USE: Larger Parcel Agricultural Smaller Parcel residential ACREAGE: Larger Parcel 53 + Smaller Parcel 25 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. COUNTY OF WELD ) STATE OF COLORADO ) � `j4 L�(� /in S gnature: er or Authorized Agent A. Bruce Johnson Subscribed and sworn to before me this 6th day of April , 1989 (SEAL) — 77 x;r7 of ry Public June 18, 1990 My Commission expires: JS 356 NOTE: L,4T'i.' .1c R_'C-,_Eti C .- .: 1.. 1 . .. Cc _�E, :.Eti .� �EC)1! 3 NO. 1‘151-3. ?-REc63, E-,./..)K 1114, WESTE.i'1 t1JTL1-L REC. NO.02w4934, MAY 24, 1966. DITCH R2.W. --� I N ,_ I.- 1 N.89°48'02".V. 2579. 54' 1 '-r dJ' ( 3. 151-e.) 1714.30' "f ( 1.594x) 865.24' ' " _l LOT A I `)U) t` 1 f ID AC. 3 rc I In ,n wi R,-oPosed Lo f 'g M h-_ �O' 53.00Ac.(INCLUDE S DITCH) 8-xeKn -,fed Land - N in N W w - 25.11 Ac. Oa 1 -tO cr W r7") rn in (INCLUDES DITCH) °o 0 r n 8 a Z � 0 n (N.) ( w) sr;• S. 89°55'43'1E. .�-.� . t. �+- 867.20' 20.CV'- WV4 t0 Cor. 5.89°55'43'E. 2583.57' 1-Cntr Cor. n / -1 1 l(f qe v • — Sct Pin 3 I O Found Pin I SW Cor S 1/4 Cor 30-4-66 LOT 'A' 1 .00 Scale ' r-,400' 30-4-66 Fro/nosed LoThc rucc Johnson) 25. 1 I Federal Land Bank —53'.00 TOTAL — 79.11 ACRES 890356 LOT B AMENDED RE 863 LEGAL DESCRIPTION All that part of the South Half (Si) of the Northwest Quarter (NWf) of Section 30, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (S} Cor) of said Section 30 and consider- ing the South line of the Southwest Quarter (SWf) of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative thereto: Thence North 00°18'03" West along the North-South centerline of said Section 30, 2659.53 feet to the center corner of said Section 30 and the TRUE POINT OF BEGINNING (T.P.O.B .) ; Thence North 89°55'43" West along the South line of the Northwest Quarter (NW}) , 2583.57 feet to the West Quarter Corner (WI Cor) of said Section 30; Thence North 00°07'35" West along the West line of the Northwest Quarter (NW's) of said Section 30, 1337.77 feet to the Northwest Corner (NW Cor) of the South Half (Si) of the Northwest Quarter (NWf) of said Section 30; Thence South 89°40'19" East along the North line of the South Half (Si) of the Northwest Quarter (NW}) of said Section 30, 1714.30 feet; Thence South 00°12'15" East, 1313.95 feet; Thence South 89°55'43" East, 867.20 feet; to a point on the North-South centerline of said Section 30; Thence South 00°18'03" East, 20.00 feet alone* said North-South Center line to the TRUE POINT OF BEGINNING (T.P.O.B .) . Said described parcel contains 53.00 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land and including 3.15 acres, more or less, for an 80 foot wide right-of-way strip deeded to Western Mutual Ditch on March 28, 1895, in Book 123 at Page 388, Weld County Records. 590356 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Order No. 8503813 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 30, 1972. LEGAL DESCRIPTION: Lots A and B of Recorded exemption No. 1057-30-2-RE 863 , recorded May 27 , 1986 in Book 1114 as Reception No. 02054934 , being more parti- cularly described as follows : The 51 of the NW; of Section 30 , Township 4 North Range 66 West of the 6th P.M. , Except that portion conveyed by Deed recorded March 28 , 1895 in Book 123 at Page 388, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 2056332 , Book 1115 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 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 be signed by its proper officer this 3rd day of February , A.D. , 1989 . at 7 : 00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By: Or\CLt_QJ iv -�----- AUTHORIZED SIGNATURE 890356 =5' AuG N 2 iliL ti ,.t674 Recorded at..ors o'clock. —..M., .,.._.... ......_._....... J361DU plt4N 590, FILING STAMP THIS DEED, Made this 21st day of „ugust , 19 72 between GEORGE L. 3ELSON r4 State Documentary Fee of the comet of and State of Date kUG2 2 131.2 County geld Colorado, of the first part, and $ C52.k, 0 ... 3RGCB J0hYS01: and JLII]CT II. 70i2'.SON irc O of the County of Weld and State of r4 Colorado, of the second part: 0 WITNESSETH, that the said party of the first part, for and in consideration of the sum of o Eighty-rive Thousand end NO/100 ************************************ N DOLLARS a-.i and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the p ' second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, O and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their Cr. heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or r.2 parcel - of land, situate, lying and being in the County of .field and State ti 0 of Colorado, to.wit: The South Half (E1/2) of the Northwest tcuarter (hell/4) of Section CO/4) O thirty '' West cal v—I (30) in Township Four (4) i.orth of Range Sixty-six (66) of the 6th P.M. , cn .0 EXCIST a strip of land consisting of 4.9 Acres as conveyed by Deed recorded in Book Q C` 123 at Page 388, Weld County Records. Together with all water, rater rights, ditclies inand ditch rights appurtenant thereto and especially together with Ten Shares of the NI Farriers' Independent Ditch Co. rater stock end Two Irrigation Wells .registered in the I—I Colorado State Engineers' Office cs lIumbers 7164 and 7165, equipped with Pumps and .•c l :'otors. ESLRVING EO„AVER unto grantor an undivided One Half (1/2) Interest in end rn to all Oil , Gus and other i.:inerels,in and under, the surface of the premises herein conveyed. EXCEPTT1IG • Mine r sere dd b U o Pa if c Railroad Company ri in �r1aP c1 r�+ coded In Booc iu'� Fare- ±Ol yl9enl� guntoy l'ecords P Y ,..1 TOGPETHEn wit aria-..nu smgutar the neremt:.a.C..ci a:.0 appurtenances calm belonging, or In anywise or appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and 7 all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. cu TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the ft— said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his tr.? heirs, executors, and administrators, does covenant, grant, bargain and ag ree g to and with the said parties of the cn second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents,he is well seized •¢ of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has 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 and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, EXCL'TII G: General Taxes for 197?, Rights of ;lay for Public Roads, Irrigation Ditches, any Reservations, Restrictions O1 Fecord including held County Subdivision Regulations. Subject to Oil and Gas Lease of record in Book C23, Weld County records. Inclusion within the ?-orthern Colorado Water Conservancy District, the Platte Valley Soil Conservation District and the Platteville Fire . rotection Districts and the Central Weld County Water District. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. 77/7 Signed, Sealed and Delivered in the Presence of •- ----'-��%-=G��+��'..- �Y� ��=YL-2.Z�'zrJ'-l-[SEAL] Gorge ;/, Benson ---•---•-- ----------------------------'---- r _._.._...[SEAL] -••- — — [SEAL] - STATE OF COLORADO, 1 }se. County of 'field 111 The foregoing instrument was acknowledged before me this 21st day of august 31�1e1 co-,'•• s by* George N. Denson ,?..• '•�'�•"''•y(!'; My Commission expiresOrd �f �7 /6 r . 19 . Witness my hand aifd$4iigj sear/ : -- S-9?1 A WARRANTY DEED - To Joint Tenants - •If by natural pepaon or persons here inert name or names; if by person acting in representative or official capacity ors attorney-in-fact, then insert name.s8 person n cutor, attorney-in-fact orother capacity or description; if by officer of corporation. then insert name of such officer-or officers,as the pre,i'ent or other officers of such corporation, musing it. Sintutory Acknowledgment, See. 118.61 Colorado Revised 6,. 890356 • I' _ ( ♦ N 1 F• •RECORDED EXEMPTION N!: 1057-30-2-RE 863 ��, AR2054938 B 1114 REC 02054934 05/27/86 16:14 $6.00 1/002 P 0342 HART ANN FEUERSTEIN CLERK I RECORDER MILD CO, CO • . Fie E Ems✓ 3d 3d ' N. b 11,- r WESTERN MUTUAL DITCH O3O R.O.W.) - 4.4'AC 6 .v C + 5.99.55'55°W. 388.93' 1 .... w IC 8 LOT "A• -01 ni L00± ACRES I1 n N.89.55'55°E. 388.93' , I Tana • ] LOT "B'• 74± ACRES ' i • . . -"mss G e 1 a. 8e A • " 2 Sat ti 1l I I b, oil: I . _ O ll .. SCALE: 1'•100' __— � FOUND_SET PIN IM N.90.00'00'W. S.I/4 COR. _ 30-4-66 R.67W R.66W I 1 • 24 ti 19 20 LOT "A'" 1.003 ACRES - R. _v�� W .R 4z LOT "8'•74 ± ACRES -r --_ - TOTAL • 75 ± ACRES . _ 9WNERS; Let ler 6 A.BRUCE a JANET H. JOHNSON 19619 W.C.R. 25'1/2 •- PLATTEVILLE, CO 80651 25 30 29 n „ J • = y Ill s f 4 K v F 3 J 3 I 3 W.C. . ° 36 31 32 AI% VICINIT( MAe 8°0356 SCALE: 2OOO — drOJECT: 1986-54 FREESE ENGINEERING APR. 24, 1986 SHEET 1 OF 2 •ur y1, -.3r -;- .-„,-..-•,..c. . ,- 1� 8.r1. ,sx •r 17'-�—t r - 8 1114 R£C 02054934 05/27/86 16:14 56.00 2/002 z a F 0343 MARY ANN FEU£RSTEIN CLERK & RECORDER WELD CO, CO ,r} as1e'— w' RECORDED EXEMPTION N °f 1057-3p0-2—RE 863 . LEGAL DESCRIPTION` _ Y The South Half of the Northwest Quarter (SINWI) of Section 30, Township 4 ‘it - North, Range 66 West of the 6th P.M. , Weld County, Colorado, excepting 4.9 \ acres, more or less, for an 80 foot wide right-of-way strip deeded to Western -� Mutual Ditch on March 28, 1895 in Book 123 at Page 388. l -at: LEGAL DESCRIPTION LO C "A" All that part of the South Half of the Northwest Quarter (SINW}) of Section 30, l-i:.I: Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: _ Beginning at the South Quarter Corner (SI Cor) of said Section 30 and con- sidering the South line of said Section 30 as bearing North 90°00'00" West with all other bearings contained herein relative thereto; Thence North 00°12'54" ms's West, 3803.63 feet to the TRUE POINT OF BEGINNING; thence continuing North 00°12'54" West, 112.00 feet to a point on the South right-of-way line of the Western Mutual Ditch; Thence South 89°55'55" West along said South right-of- way line, 388.93 feet; Thence South 00°12'54' East, 112.06 feet; Thence North _ 89°55'55" East, 388.93 feet to the TRUE POINT OF BEGINNING. Said described parcel contains 1.00 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as. now now existing on said described parcel of land. - "° SURVEYOR'S CERTIFICATE �S ym :rr•, I hereby certify that I have prepared this legal description. _ _� Y 2 I. 1 • • 1 L` 1 _ . JAS(i . . .SE J) Aaiaata• W col. 'o P.E. a L.S. 43 "40F X00. PROPERTY OWNERS' APPROVAL We. A. Bruce Johnson and Janet H. Johnson. being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. 41.1 yy ee�..QQ �, �( ti0 na0 net JahnaongrilLead .. `certification was cknowledged before me by A. Bruce Johnson , ohnson. this era day of MAY . 1986. Witness my hand and • , ; • 40 mni.t r . � fff� My CosstJseron expires: yh � 9eD ol uP bloc PLANNING SERVICES APPROVAL This plet4WJSCeepted and approved for filing. t VV . '. . . •TAnr lJirec o Plann ng 8 • ir -gain( certification was acknowledged before ma this u ay of • i+, ,1491{. Witness my hand and seal. My Commission expires: lam..,_ CZya.I r y fran Pus e .. 890356 ;, s PROJECT: 1986-54 FREESE ENGINEERING APR. 24, 1986 '! 4- SHEET 2 OF 2 tt V.iW.♦<e•.:L AIV.�y�lr. w..n.a.w.�e • rr i��.., ••.i. • �•. u ' 1 -! IK I a ._ B 1115 REG 02056332 06/06/86 14:39 56.00 2/002 F 1132 MARY ANN FEOERSTEIN CLERK 4 RECORDER HELD CO, CO t- g. ; Exhibit 'A' P3 r., 1 Cooennp the hsd m Ins State of Cobndo,County of Weld pexnbed u: All that part of the South Half of the Northwest Quarter of Section O, 'township 4 North.Range 66 Hest of the 6th P.M., being M particularly , described as follows: .' BEGINNING at the South Quarter Corner of said Section 30 and consider-, 1;.- ing the South line of said Section 30 as bearing North 90'00'00' Yg�is; with all other bearings contained herein relative thereto: £' thence North 00'12'54' West, 3803.63 feet to the TRUE POINT OF BEGINNING: thence continuing North 00'12'54' West, 112.00 feet to a point on the South right-of-way line of the Western Mutual Ditch; -0. thence South 89.55'55' West along said South right-of-way line, 388.93 #K' feet; East, 112.00 feet: thence South 00'12'54- thence North 89'55'55' East, 388.93 feet to the TRUE POINT OF BEGINNING. l,c. Being more particularly described as Lot 'A' of Recorded Exemption No. ,.. 10S7-30-2-RE863 recorded May 27, 1986 in Book 1114 as Reception No. 2054934.Of, 1}'.,. Except an easement sop right of way for common road along the South 10 feet and the west 10 feet of said Lot A. I. Together with an easement and right of wsy for common road over and across the North 10 feet end the East 10 feet of Lot B of Recorded Exemption No. 1057-30-2-RE863 recorded May 27, 1986 in Book 1114 as Reception No. 2054934, lying adjacent to said Lot A. , it s.. : F. n• • 890356 i rte ♦ L :%h,S'.: L _ I • • • . *R2056332 — B 1115 REC 02056332 06/06/86 14:39 $6.00 1/002 • • — F 1131 MARY ANN PYUYRSTEIN CLERK L RECORDER WELD CO, CO WARRANTY DEED Ili RECORDER'S STAMP 1 THIS DEED.Made dm 5th dry of June .1986 . , Acosta y A. Bruce Jdrscr) ad Janet B. . .sn Stole Documentary Fe. II Dole lti le�s—?0 d the 'Casio d Weld a a d s Se $ Q"' a Colorado.traaad.\ad ' Edward F. Cauupli g and Kelly A. Calpling .I II .h..kpi a.... 19729 Weld Co. Pd. 251/4 Platteville, W 80651 d k Cos)d Weld ad$ta d("C1rda,pate. .. •T4SS.as ate aa:..a Si ad.n..adnaa d..r d FIPIY '143lSAEa AND MD/1DD—DDLU&S. o.r no ad titan d.loaf n mob)annotated.MNe pate,fatamed..dd and aass.,a<ad lo)lose pa•c do heret& pat bays..A.a...a ad sane ea plasma.ea Ira ad+Isar.S.aa a a taacy aoae as - .Fad nay.a dt sal P.s.^:a vea.as aaacaa..A as.ass.Isar ad bear a the Gamy ; d Weld al Lae d Cowl.dratted a kiss See Exhibit 'A' attached hereto. j I I EXCEPT AND RESERVING UNTO SELLER ALL OIL, GAS AND OTHER MINERAL i INTEREST THEY NOW OWN, IF ANY. I i • $5.00 oho lamas q dtse ad moor.I. 19729 WE 1d (b. Rd. 2511, Platteville, CO %651 . TOGETHER sOaf!ad aria the Itwdaawra.ad 1S••nan Sias rtiafas.at e ant apper aap- anrr.ta and mans.. arnutader ad ervandes.sea..n.taa ad rM•data.ad all thy aim.aapn.We.mast da ad I. s &mad. a d de grass s Ceti WI I as d eyua. .a ad n tie afar bar7aaad mown.salt dr aa ad I:whams. appLt.aacn l l U)HAVE AM)TO WILLIS.ad pt...C•as bapad ad de.a.ard.•a ar apace ry ace'.a.Or praes..4.Ira 11 • ad I..ar. lass a ea pa....c S. these ves their ra ad poses,+pass+"a dal'Etlaias.a_ h . pat bapaa ad an in ad a s Sc paam Oa ra ad sta.V a Ike a at Sc enema ad edam d eat . ;yeah they are .cR winds Sc r...,....r+...fled.ha Ve pad.-Sr.pedal.adder ad addradk clot I' d.dtraacs.alas.aks untie.a.d luVe raddpb.loll par ad la.IS aWtn lo Fat Varian.tell ad sag 0c as e I au Iota dui o a r a her ad aka Ina all ad Sect pa..brpaa..ala.la.+Ceti I rasa ad wu..aas.esS.aca ad aa.nanaa.d Sway lad a saw aria.aaaspa !19% tames payable in 1987; and mseryati as, rrstricticns, easements ad rights _ ray of realad, if any. I: ad Se tag MFaad asst.a Se sea•ad grade pematomm d Sc pan.Sc.bra ad ass.tam a ad nay :. pens in pansy la ail,data oe nataa da side at an,par.Swa.drgrata+..Jul ad sa WARRANT ANDFOREVER ' DEFEND Is VITNESS•HEREOF Ate paa.i ha Se nest eat drat de dad ti bat 'I I: I .1 STATE IA C(AfA(A(N1 Cana d Weld 1.. It.Lnlirptl a+,...a.a...al.a kdad Riot.r.S. Cary d Weld .Seat d C.irr. en 5th 4..4 June .r.86 .b. . A. Bane Jdvsan and Janet H. Jdvsan !. • 1 Ms Cann..a. y C .rn w February 26 .Po 87 .t..an had ad err sal, II 1 �,....... 1 1�'V at ti. '- k. ...... oteRr : l .-41.. .....4.-0- : . j 1113 1Dth Avenue, Greeley, CO ED631 , t '1/4 desUiVel° 1 II • `'.Lin'..RsA�A,yc^r . `\tOpOl1� __II In b..l4& .sae.,.a..ra .I...a- vas........-.. •.. . a r ........-...1•••• .a.:..a... .a. .; " 890356 I I DEPARTMENT OF PLANNING SERVICES V RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: A. Bruce Johnson Case No: Amended RE-863 & SE-361 Legal Description: Part of the Si NW} of Section 30, T4N, R66W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 54 Acres, t Smaller Lot Size: 25 Acres, Criteria Check List Meets Criteria Yes No 1 . Consistent with the intent of the zone district. 2. Compatible with the existing surrounding land uses. 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. 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. 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. 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 890356 DEPART NNuENT OF PLANNING SERVICES ‘741 let(� PHONE(303);4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO March 22, 1989 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Amended Recorded Exemption 863 and Subdivision Exemption 361 Dear Commissioners: This request for a recorded exemption and a subdivision exemption is submitted by A. Bruce Johnson. The parcel of land on which this request is being made is described as part of the Si of the NWi of Section 30, T4N, R66W of the 6th P.M . , Weld County, Colorado. The property is located approximately 1 .5 miles west of Gilcrest; south of Weld County Road 42 and west of Weld County Road 25-1/2. The parcel of land under consideration is the total contiguous land ownership of the applicant. This request is to amend a previously approved recorded exemption. The original application was approved to create two separate lots for the two existing dwellings. The applicant is requesting to use a subdivision exemption to separate one of the existing homes prior to the processing of the recorded exemption. The requests, if approved, would allow the applicant to amend the recorded exemption application and create an additional building site. 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 applicant has failed to show, in the submitted application materials, how this request is consistent with the Weld County Comprehensive Plan and how the proposed land division would promote efficient and orderly development. The Agricultural Policy Section #7 of the Comprehensive Plan outlines the policies for dividing an agricultural lot into two separate lots. The intent of this policy is to: 1. To enable a property owner who is retiring the ability to sell the existing farm improvements; 2 . To sell nonproductive farm land; and 3. To provide a residence for direct members of the farm family or workers employed on the farm. The recorded exemption process should not be used to simplify real estate transactions, nor as an instrument to reduce debt. 89b'356 Board of County Commissioners Amended RE-863 and SE-361 Page 2 The applicant is attempting to avoid the five year period prohibiting further subdivision of avapproved lot of a recorded exemption by using the Subdivision Exemption application. Section 9-3 B. (2) of the Subdivision Regulations explains the intent of the Subdivision Exemption when used in conjunction with a Recorded Exemption. application. The Subdivision Exemption may be utilized to separate existing residential improvements from either of the two proposed Recorded Exemption parcels when two existing dwellings exist. Neither Lot Ator Lot B of RE-863 can satisfy this requirement of two existing dwellings on one lot . Only when two homes exist/4 on one lot, can the Subdivision Exemption be used with a Recorded Exemption. Applying this Section of the Subdivision Regulations retroactively and ignoring the original approval of Recorded Exemption 863 would evade the requirements of the Weld County Subdivision Regulations. Respectfully, n le men Planner BJB:rjg 89X356 REFERRAL LIST NAME: Bruce Johnson CASE NUMBER: Amended RE-863 & SE-361 REFERRALS SENT: February 27, 1989 REFERRALS TO BE RECEIVED BY: March 13, 1989 COUNTY TOWNS and CITIES Attorney Ault X Health Department , _Brighton _Extension Service Dacono Emergency Management Office Eaton Sheriff' s Office _Erie X Engineering _Evans ' _Housing Authority _Firestone _Airport Authority _Fort Lupton Building Inspection Frederick Garden City STATE or X Gilcrest _Division of Water Resources _Greeley Geological Survey _Grover _Department of Health _Hudson Highway Department Johnstown Historical Society Keenesburg Water Conservation Board _Kersey _Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS Longmont__Ault F-1 Mead _Berthoud F-2 _Milliken _Brighton F-3 _New Raymer _Dacono F-19 Nunn Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Windsor _Hudson F-7 Johnstown F-8 COUNTIES La Salle F-9 _Adams _ _ Longmont F-10 Boulder _Milliken F-11 _Larimer _Nunn F-12 _Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 _US Army Corp of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer _Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission _Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER _Fort Collins Central Colo. Water Conservancy Dist. Greeley _Panhandle Eastern Pipe Line Co. Longmont Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER 890356 AMENDED RECORDEo EXEMPTION N2 IG,. 7 -3O -2 - RE863 N to N a: Western Mutual Ditch 3 S.89°55'55'1N. ..--10- S. 89°48'02"E. 2579.54' 388.93 1. I. ,..---p- 865.24' 1714.30 LOT 'A' 112.00' ti SOJ°12'g4't-s 1.0 AC. '° N: o+ 112.00 N.89°55'55�E. M 53.00 AC. M 389.10' 0 0 - EXCLUDED F a - U F LOT 'B' p 02 of - o N W Em N in O 25.11 AC_ - 9 o a: zio = ; o N ~ b 8 vP t4 �f Z O ' ` T.P.O.B. ci — — a W1/4 N.89°5543"W. 867.20' 20.W' •Cor. t N .89°55'43"W. 2583.57' Cnt r.Cor. 30' 30' N.O0'IB'03"W. 2659.53' rtZZI SW Cor S I/4Cor 30-4-66 I N.90°00'00"W. 1 30-4-66 ORIGINAL BASIS OF P.O.B. BEARING SCALE: I"=400' • - Set pin ■— Found pin R.67W R66W LOT 'A ' = 1 . 0 * AC. 24 Ul9 I 20 LOT 'B' = 25.11 tAc. p WCR 42 - TOTAL =26. IIsAc. Westerr MutualDitch / OWNERS: No LOT'A' li A. BRUCE a JANET H. JOHNSON 19619 WCR 25 1/2 PLATTEVILLE , CO 80651 25 30 29 cy N 2 ,n N h a: o f" 0a: 3 3 ; WCR40 361 31 j 32 VICINITY MAP SCALE:I"=2000' " FREESE ENGINEERING 1988- 92 AMENDED RECORDED EXEMPTION N° IO57 - 30 - 2 - RE863 We, A. Bruce Johnson and Janet H. Johnson, being the sole owner(s) in fee of the above described property do hereby subdivide the same as shown on the attached map. ru ohn e . Johnson ,`,1-A-,-('‘((' ,-'s . '*— -The 4- re'goilag certification was acknowledged before me this day of M1 byl A. Bruce Johnson and Janet H. Johnson. Witness my hand 4, k.,--‘ .:. i,'�i M�iut�' "!ie'bi�?��cpirses: �, ait.k 1 � i A90NoTry I hereby certify that this plat was prepared v supervision and that the same is correct to the best of my know 4..4-1ff :t., •ef.Irat's�. : `� � ccVI. � s�. ,,, 4392 Jasp ree. Regi to d Land Surveyor, Colo. Reg. 3' I ; / RI t , COUNTY COMMISSIONER'S CERTIFICATE The accompanying plat is accepted and approved for filing. ATTEST: County Clerk: �j�� CHAIRMAN��^ 444-4i s"�'r"+�M! Board of County Commissioners 4�o7J�-sur.�i Dated: et/,j p/ef9 e• a. : ,; , 1 \-lti v S 4 FREESE ENGINEERING 1988 -92 AMENDED RECORDED EXEMPTION N° IO,)7-30 - 2 - RE863 LEGAL DESCRIPTION All that part of the South Half (Si) of the Northwest Quarter (NWI) of Section 30, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (Si Cor) of said Section 30 and considering the South line of the Southwest Quarter (SW}) of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative thereto: Thence North 00°18'03" West along the North-South centerline of said Section 30, 2659.53 feet to the center corner of said Section 30; Thence continuing North 00°18'03" West along the North-South centerline of said Section 30, 20.00 feet to the TRUE POINT OF BEGINNING (T.P.O.B. ) ; Thence North 89°55'43" West, 867.20 feet; On&fritThence North 00°12'54" West, 1313.95 feet; 01* Thence South 89°48'02" East, 865.24 feet to a point on the North-South centerline of said Section 30; Thence South 00°18'03" East, 1312.02 feet along said North-South centerline to the TRUE POINT OF BEGINNING (T.P.O.B.) . Said described parcel contains 26.11 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land and including 1.6 acres; more or less for an 80 foot wide right-of-way strip deeded to Western Mutual Ditch on March 28, 1895, in Book 123, at Page 388, Weld County Records. LEGAL DESCRIPTION Lot "A" All that part of the South Half (Si) of the Northwest Quarter (NWI) of Section 30, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the South Quarter Corner (SI Cor) of said Section 30 and considering the South line of said Section 30 as bearing North 90°00'00" West and with all other bearings contained herein relative thereto: Thence North 00°18'03" West along the North-South centerline of said Section 30, 2659.53 feet to the center corner of said Section 30; Thence continuing North 00°18'03" West along the North-South centerline of said Section 30, 1142.10 feet to the TRUE POINT OF BEGINNING (T.P.O.B.) ; Thence continuing North 00°18'03" West, 112.00 feet to a point on the South right-of-way line of the Western Mutual Ditch; Thence South 89°55'55" West along said South right-of-way line, 388.93 feet; Thence South 00°12'54" East, 112.00 feet; Thence North 89°55'55" East, 389.10 feet (388.93 Record) to ' the TRUE POINT OF BEGINNING. Said described parcel contains 1.00 acre, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. FREESE ENGINEERING 1988 -92 Hello