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Home My WebLink About920616.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1413 - ALBERT AND MARY SCHOTT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, 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. 1413, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1413 was submitted by Albert and Mary Schott for property which is located in part of the SW; of Section 28, Township 5 North, Range 64 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 two five-acre parcels. 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 following: 1. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. 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 9-2C. (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. 920616 L, RECORDED EXEMPTION NO. 1413 - SCHOTT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the followin vote on the 8th day of July, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to th Board AYE 71/1_14-4,1i George Kgnnedy, Chairman BY: , -� (/�///� Deputy Clerk to the Board�� Constance L. Harbert, Pro-Tem APPROVED AS T FORM: NAY C. W. Kirby /J �- 2i c-Gls-- AYE County Attorney Gordon . acy AYE W. H. Webs er 920616 CONDITIONS OF APPROVAL Albert and Mary Schott RE-1413 A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 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 Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 920616 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO July 8, 1992 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: RE-1413 Dear Commissioners: This request for a recorded exemption is submitted by Albert and Mary Schott. The parcel of land is described as Lot A of Recorded Exemption 264, located in the SW4 of Section 28, T5N, R64W of the 6th P.M. , Weld County, Colorado. The subject parcel is located approximately 1.5 miles south of the Town of Kersey, east of Weld County Road 53 and north of Weld County Road 52. This request is to divide a 10 acre parcel into two 5 acre parcels, more or less. The property is currently served by Central Weld County Water District and an individual septic system. The Town of Kersey was sent a copy of this application and chose to not review it in a regular planning commission meeting. There is an existing stick-frame home on the 10 acre parcel. This parcel is the total contiguous land owned by the applicant. The Department of Planning Services' staff recommends that the Board deny this request. This application represents the fourth split of the original farm. The attached drawings illustrate, in chronological order, how the property has been divided over the past 20 years. Prior to 1972, this parcel was a 90 acre farm. In November of 1972, the property was split into parcels of 15 and 75 acres more or less, using the old Minor Subdivision process. The 15 acre parcel was split again in 1977 by using a Lot Size Variance and a Recorded Exemption. This split left parcels of 5 and 10 acres more or less. The 75 acre parcel has also been split again using a recorded exemption to create parcels of 65 and 10 acres more or less. This proposal is to further divide the 10 acre parcel in the southwest corner of the original farm into two lots, each containing 5 acres, more or less. It is the opinion of the staff that any further divisions of this land are a clear evasion of the intent of the Weld County Subdivision Regulations. 920616 Board of County Commissioners RE-1413 Page 2 The staff has concerns about the piecemeal development that has occurred along Weld County Roads 52 and 53. The attached vicinity map shows what constitutes a linear subdivision along Weld County Road 53 and the potential for the same type of development along Road 52. The staff requests that the Board consider whether or not this trend should be allowed to continue. The staff also has concerns about the level of development in this area as demonstrated by the attached maps. Increased residential development in rural areas requires urban level services such as road maintenance, snow removal, utilities, police and fire protection and school busing. As density increases, so do service demands. On June 3, 1987 the Board denied a request for a Recorded Exemption on a 10 acre parcel north of and adjacent to the subject parcel. It is the opinion of the Department of Planning Services' staff that this proposal does not meet the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations and that this request should be denied. Sincerely, Brian A. Grubb Current Planner 920616 • •' e i, I • ... . ,• . ^ •l! • O )•� 1/\/. . I. . '! C I4 .---! c�•1 : L 3•'e •r.• . :. • • • •• . ..• GO »2.,• 1 a 2 r !� ms (1• ! )a •: B11gNE4N •• • n ••LUC•RRE • ' • 5.4 04 1 • • o. • • 1 •r - i\. 3.5 o'/t 1 ! . l Si �t�l °er[ax1.0 . • !'• !�c°•.eu' ! 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V I o W¢I u I 1 �I�� © 4701 A ��• 4639 4745 d / A ' L \Ace\ ) /- (� 4642' o \-- oer, � O\ a>J32 s° 3 yassz Ditch -----.___--O a " f-�86 m o \ \ o `a>50 4 5 4659 5 s�" I T - .:- � r y �/ e '4 Sk �� 'YJ7 1r��a ��jy'•�p �k�.t:!• ..'�5� • t �.�,�" P f�{�{6{ '7� �' Qr o .,, . w...1..wxw.nw.-n...ea.ee�..w.esf!►xeui.an+sv—�wu�.u..elr.ar..wav - .f. •r • f11 VO A . ' L/V/sI / NO. •...„,.. :3 .;• .0,4TE. ,vovEMdER /4;,, ly/2 0963--28-3--ms-2O�, `� ,. of-h Lir'rw' Swig sec.?8 • -! i-. .; //l + sa,-32'Se"E' �� o;vvE.Rs: .� t:l • '1 ! , a .r./6o.e 7 - r1.ft,4,.IN CRCS' •arx- • C.W01-.;0.=C,?OSS. .�iv ` ,�T3 i f BOX ?'9, i. '- .f. •-•�► r fir Y, CClri4l,��1. • • c4.i �7 _____I s.l ::.,!. `.://J/y A' -5'd `r�--itlic,iif f.1, �` tt yJ li-s.. , ` .. l ' �� n .t % rsT . 4.: , cc) A %,P°': *- „,,,-/ ...i.. Q i� IIIIIIY. O��/�l,V �v\ o s89°4ZCS 1 5541 l� �,'1,-.( . a (&Z57 o W 0 j Co ' a �., p � � a 9LDT 3 � , • �lc 28, r 5 R 589°4340'E - Q3 • r 7i R.,%369:nrrf/)9 H _� /325/o • /325. 1/ _ /�:i'-C� • llh— N 89°451/3"W 2650.2/ n fy X52 n South Lii7e/ Sec. 28 • LEGAL DE'SCRIPTION . i T'-at past of the. Southwest Quarter (SW ) of Section 23, Township 5 North, Range 64 . : :iest of the 6th P.M., Weld County, Colorado, being more particularly described as -follows: Begirzi_trg at• the Southwest Corner (SW Cor) of said. Section 23 and consid • - r+r!. the ;test line of said Section 28 as bearing North 00°00'00" East, with all other bearings contained herein being relative thereto; Thence North 00°00'OO" cast. along the West line of said Section 28, 330.50 feet; Thence.South 9'431.40" .. .st, 6r`:'.:i6 feet; Thence North 00000105" ..East, 330.20 feet; Thence South 39 42°0811 Fast, (.;-12.:',7 feet; Thence North 00°00'1111 :ast, 1^79.44 feet to a point on the North line • c: : the Southwest Quarter.(SW ) of said Section 28; Thence South 89°32'52' East, along ,,:a :'o.eth line of the Southwest Quarter (SW4) of said Section 28, 1160.27 feet; . hence South 00°00'21" West, 1320.00 feet; Thence South 89°32'52" cast,. 165.00 feet. • • 1 ,,.t a ,oint on the East line of the Southwest Quarter (SW+) of said. Section 28; Thince South 00°001211t:West along •the East line of the Southwest Quarter (SW+) of - rn'.d Section 22, 1314.49 feet to a point on the South line of said Section 23; Thence • _iorrh 89°45'13" West along the South line of said Section 28, 2650.21 feet to the Point of Beginning. Said described parcel contains. 90.283 acres, more or less in- •cluding a strip 30 feet in width along the South and West sides for County Road. 'Right-of-way purposes, and is subject to any rights-of-way or other easements as re- • corded by instruments of record_or as now existing on said parcel of land.. I hereby certify that this plat was...prepared under my supervision: and that . - the sane is correct to the best of my knowledge and belief. Ji1.SPER FLErSE Colora P.', & L.S. N0. x•392 -.iv? Herman Cross and 0. Cross, being the sole owners in fee of the above des-- cr•i h: Z property hereby subdivide the same as shorn S. the. attached. map. 14'w-'w — e.c .. M j �/�1-TJ7-L C,�} / . (3-few .r`:u.-' � The'I.foregoing certification was acknowledged before me this (Z.... day of -le--e•-•-,A,D. 19??. i y co: issi on expires 7 v- 7o , : of �y Public i�L �.eT f�,`ej.- — Witness my hand and seal ?.:h .i ng -pplat ¢ cepta o at:proved forfiling. •' y' �,r=-;I.N ,J�. n �, � � '.� and ..i 'JIt')'7 d • }• ....,%`.. : .+tic /- ?),r .'110.. ) L _.. ........A.I 0 711171. CARD o?- L,TY "criN rtI IOJL';RS• 4 �'_ ::O'.�`IL'r :� 3�;C �✓'"'At ,f,�'rf�" l}yyC.t..₹1 °1 DA 7737)2.7.,_.2 ,.../- --••a_L? " . 1. 920616$ ,•,. •.... :....._ .r .. .4 Ilk.a. .. . .0, .w.aw..i ,SWIRIf,,,..t awutar re.sR ..n.....wo.Mt....1 amr / - i /l /5 ‘\ , RECORDED EXEMPTION NO. 0963-28-3-RE264 ii, mum a4' 7 aJ4 GIBI April 29, 1977 KEPSSYj OWNERS: Albert C. Terriere, Sr. and '� , J , . . — —'?` Annie Marie Terriere ;;:; \Ca eQs4s ' 407 South Lake \--- . b Fort Morgan, C0' 80701 h j1 __ (\ m.rrr.sr Byron A. Murray and Brenda C. Murray 26245 Weld Co. Rd. 52 u° o Kersey, CO 80644 25 28 `� ��r 27 c Albert C. Terriere, Jr. LOT "A LOT "B„ \ 1720 30th Ave. Ct. \.Greeley, CO 80631 — '°,9a se C"------<'2,--" .*`.` 33 3f VICINITY MAP --..s-,---_ SCALE: 1"= 4000' 4. 3 1 j ' O B°°Recor ed or .....& Af o'clock M JUL 15 1977 c)\ Rec. No. 1'724612 Mory Ann Feuerstein, Recorder `c)\- _ a -i tiv WOh k0k e.---- s89°432'co v t 662.57' 33/.28' 33/.29' `d SCALE: In= 200' `i \ , r 260 b Oc S. 89'S3'ftE 662.56' cLOT "B" 5.019 t ACRES • h zgoS O "r' LOT "A" o N10.046 ± ACRES 0 h -� -•-30.0' _ - 993.82' -- S3.28' !A- SW aeglE,P SEC. 22 '�'//E �o/q/T rPO//I/T O�',BE6//U/U//YG, OF'.BEG,/U/Uiil/6 <OT "B" SO./TH L//LE• OF SEC. 22, T.5i//,, /P.65-LU. ■ - /?//f/Ser ,✓l//ss9i ,r o'y9445 7i'/S IA/STRU/''6///T" /S 9,,q f O OA/ /9/I4477- OF sU.PVEY ,v,t'E at- JAs,weFiecC'SE IGOI0 tee. se L.S. .0'S4-992J 099T60 ../229/' 25, 7972, Note: See Page 2 of 2 for legal descriptions. +92616 Page 1 of 2 i ...52.90-/-2 F. , _, .. RECORDED EXEMPTION N ° 0963 -28-3- RE97 B 1156 REC 02099451 05/12/87 14: 46 $6. 00 1/002 F 1094 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO N.89°32'52"W. 1160.27' 1 8 bl N N it) a LOT " 8" N 65.22±ACRES w N M b ` co O N.89°4729"W. f •'288.53' N.89 3215211W. 165.00' LOT IX SCALE: I"■400' KIWI lc b ® - FOUND PIN AC. p • - SET PIN 3 'a a M •8o 0 • 0 O O N 0 8 O z S.W. COR. 0 28-5-64 TP0.B O iii(______4 28&53'• --- _ - -- `� W.C.R.52 1325. 10' -" S.89°451I3"E. 1325. 11' s0'Ro.W. S. I/4 COR. 28-5-64 1:5N.-R.64 W. 20 2! _ 22 LOT "A" = 10,00t ACRES W.C.R. 54 LOT "B" = 65.22 # ACRES •� �I . TOTAL. = 75,22± ACRES .� l 3 29 28 OWNERS : 27 MELVIN 9 OLA FAE BRUG ..e. Q • 25355 W.C.R. 53 '9 KERSEY, CO 80644 ci % ' 3 eat / ( "A" 'WC.R. 521 i" 32 33 34 VICINITY MAP SCALE: I"a 2000' PURPORTED COPY 920616 PROJECT NO. 1987-59 FREESE ENGINEERING APRIL , 1987 1,1 {L 5z 14 —14-lit 5K.aTGI-1 DEMG1J 1 - Ho vi -rN e)rleai JAL 10 p.C FAQ HAS BEaNI ptJtDEID fljzalnit'a. (9z 920616 • • • • R t,;o • • 4 ;i , • • -• • � ;! . ..___ . . Vie- A}9 . • ef: Lt; • `' r \ . • OE, ! •-•.1.2.L. 1%,..}`:','...,•••2:-..::• .....-......: .....--i...:..:', r: • •••.• . ...• •••':: ' ...H. ..:: i ' •• : .:: t 3.....,.....:.:.,:.;..:..,:1 :' .. .... .'. :.. . '. ' :'-.., .....--•;.: ••• ......- a ::: ..,:.:_:..,... .,;:,:,....„.-....1::-..:........s.. , ...... ...,... ...,.. , .,. ....-.....::,...,: :::...... ::.:::....,......:-.:. i.t.JI-00,, . . . , ... : _ ...,..-.. ,....;.:..:z. ,-.1.:_:• .v.:-_:: . , - 0 - ,. _:-.,.:..." -....: ...... : .,...,.. . .i.,4ifq,....... - —7? , Z — )tyWS • • N4CR 5Z .. . .. .• . :•,.. ,., ....: :• .... : ::..,.. ... ! ..• .. . ....• .. ..... .. • ........ ..... • , ,, Lxv.1-4N, R ...---.1. r..-;-.5 • " " ..:st,i)::t.:-' • •.::-.:..' ''. .' • . • - : . ' 044 ••• ••• -'1i. - • • ....,--...•• ••••-•••••-• • . • 1 i v • a 7 �3�`• a ..(039.. ,'3.5'') APR 7 1992 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Weltneepti. Planning Department of Planning Services, 915 10th Street, Greeley, Colorado- 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE s5a� CASE NO. PP‘ - i41!5 RECORDING FEE ZONING DISTRICT D(a ALA pJrC1.__ ) RECEIPT NO. f 7:57-- DATE G�/ /4 APPL. CHECKED BY --2 1r, 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: Sz SW,' SW4 SW4: W4 SEt SW4 SW,i of Section 28, Township 5 North, Range 64 West of the 6th P.M. Weld County, Colorado TOTAL ACREAGE: 10.046 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: Albert i . Schott and Mary F Srhntt Address: 25052 WCP 53 Kersey, CO 80646 Phone: (30'3) 353_7737 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel Central Weld Smaller Parcel Central Weld TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Dwelling Smaller Parcel Dwelling ACREAGE: Larger Parcel 5.0 Smaller Parcel 5.0 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 ) 7/./. C'. Lc Signature: Owner or Authorized Agent Subscribed and sworn to before me this i7 day of .rr ;\ , 195j„. (SEAL) k k S Notary Publi \' \� My Commission Expires - 4', (55)i 920616 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES WL23849 STATE OF COLORADO) COUNTY OF WELD ) The WELD COUNTY TITLE 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: LOT "A" RECORDED EXEMPTION NO. 0963-28-3-RE264, RECORDED JULY 15, 1977 IN BOOK 803 AS RECEPTION NO. 1724612, WELD COUNTY RECORDS, BEING A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. CONVEYANCES: (if none appear, so state) FOR INFORMATION Reception No. ONLY , Book Reception No. DEED 1590970 Book 669 Reception No. 1741910 , Book 820 Reception No. 1888272 , Book 965 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 2to be signed by its proper officer this 20TH day of FEBRUARY at 7:00 a.m. WELD COUNTY TITLE COMPANY BY („4 , 7-72,, RIZED SIGNATURE 920616 `669 JUN -5 197 7 .t! FiW Ior rvw•1 Ily 3so r'0 � � , � � ( 1 JV.7 ..."t..._ r t.... .)1. �i��1!T!(j�/AMEN T.1 Itevn.eiwn Sae. .. . .. It F.Colln F.n. (-- ,\I Ih 12,et x 'yllt'lil'Y. f�. all If� 1CP�, Made this — 26th • day of May -- in the year of our Lord one thousand nine hundred and seventy—two --- between rn 1 HERMAN D. CROSS and CAROL Q. CROSS P of the County of Weld and State of Colorado,of the first part,and I ' ALBERT C. TERRIERS, SR. , ANNIE MARIE TERRIERS or- and ALBERT C. TERRIERS, JR. n of the County of and Slate of Colorado,of the second part; O U • tr, Wltnesseth,That the said part ieS)f the Ant part,for and in consideration of the sum of Other valuable .—I consideration and TEN 6 NO/100 _ • rvt to the said __J)Oeby eon. ,—t pert i CSof the first part in hand paid by the said parties of the second pert, the receipt whereof is hereby eon- ^I freed and ntknuwdrdged,ha ve granted bargained,sold and conveyed,and by these present'do Imrain, ll, e• N convey And confirm,unto the said parties of the second part,not in tenancy in common hut in'Joint tenancy,trhe survivor of t brm, their assigns and the heirs sod assigns of much survivor forever,all the oownN described lot following l r VI -p Nrtparer of Inud.-1 • situate,lying and being in the County of Weld awl State of Colorado,lo-wit: The South Half of the SouthwestNA -- Quarter of the Southwest o Quarter of the Southwest Quarter (S 1/2 SW 1/4 SW 1/4 Shj 1/4) and the Southeast Quarter of the Southwest Quarter of the ' Southwest Quarter (SE 1/4 SW 1/4 SW 1/4) of Section Twenty- o-e t:• eight (23) , Township FiveI._ I t (5) North, Range Sixty-four (rC.4)%'lest of the 6th P.14. , Weld County, Colorado, excepting and e reserving unto the grantors herein an undivided one-halt (1/2) of all the oil, gas and valuable minerals exclusive of sane and gravel, State Documentary Fee Dote.-. �..l J.UN -5 1972 75- $ 2S , 2„ '4 - "- f,, /-- Together with all and singular the herrrlitamenla And appurtenances thrrrontn belonging,or in anywise nl'Io'rtaiui,lg, sod the reversion and reversions, remainder and remainders, rent", imues sod profits thereof;and all the ratite, right, title, inter tit,,lion,nod demand whatsoever of the said part 1eSaf the first part,either in tae'or equity,of,in and to the above I•arg,in•d premises, with the hereditament.and appurtenances. To Have and to Hold the said premiws above hargniunl sal deserilwd, with the appurtenant" ,onto the sni,l part i,r of r In•serood part,the anrvieert of them,their anigns And the heirs mud assigns of eurh survivor forever. And the said part lea ul flu.lent 'art, Le Cale:,,,,IVcs, the it beim.executor.,nod aduiiniel rotor",do bargain nod agree to, sod with the Fetid parties of the see+nul pat.the survivor of then,their has sir. aot gram, Igo.Fen I the beer em and a r gar of such .nrvi\or,that at the time of the enseniimg and delivery of the..pr,s,,ms, they rare "ell..ia'1 of the Peron,•. also\,nnrc^eal,as of greet,sure. perfect,Absolute rind indefensible•..tab•of inlneritnnr,.,in law,in fee simple.and h t VG. "inslright,full t A. er mud las td authority to grant,borgnln,Kell and ronvey 0H'sun,ill unmet ail hrrin aforr.nir 1.,nd lint the sane ore tree " ml ""'Jrd from all force h ,and other grants, orgnius.sales,liens tau•., I.,,oeunent.“rod ;a eoalr.o,.v.of elatever4iodoestore naaer, Subject to inclusion within the Nort;lcrn L'ulurauu babe ,_r,rif;a.rv:Inc.: Iii ntrict, the Plat,tc V,.11cy ['ire Protection his- :-rle`, dill. t,ic So;ltfl Welt: County 1•/ater :J16t1'iet , and to Lilt 1972 tax,''i ..J•j;:i,le in 1^73, owl for o e bargained reurines in the quiet and Im•a enlde p.wr.Ai,a,of ilia ni,l parties of the seem•I wart ilia.too-virtu-d n I•r,v r item, ar'Ir al r "nsa Barn ,r heirs earl n•algrl.id noels surnror, against all noel r rr't.,elsoo a y la•mill or%I lt.a win. hilly 'homing EV or It HGPE.N')h• xh,.l, o, say put tLer.•.l, the said part leF of the first pan shall serf will 11'.11IIL\S'1' AND pull h:V tat In witness Whe• , The -Aid part IC's of lie first pert la /'-; Lemuel,, ,•t tile i t al , the she, el no above %mien. lintel .i and • sigh's',y.alra end livered in the Pressure of �(/ t 'Ilt=f 11:/teat ) Ii 1d llCtb;.li' u. Croli:: (SEAL) • (SEA I.1 ) i—^�*Noe,p Cit(f [t' Ct.tlJ.' Isr,At,l - �� Sc, The foregoing Instrument was acknowledged before mr this �✓ Any A • r , I)1,5*. ^�., .. t '/1YL,t%I . 19 72 ,by ii•,l-h,,,ll, ii. tubas tlntl Carol Ll. Cross, ,t�{I�•'WP 0 e I Innef and OfbnmllS/�t�I //1 .,•\\41i 5(pt`NU'a,rt,an.Lei titre., ✓ nee, /` , /r7 7 /L�SJL�, (C.,-,4L--1-•'a • �,�, / Notary Public Mailing Address for /• .t �jj ri Value,. Tax Notice, .re(✓.sj C. T",-,r- -r--.4�y' ✓6 ' '�[•- // --------- ----------- 920616 WAArfAlir (Sri f, irf7rnNT rum FAT§-r " --. ------— 32 N4 , BO( e Recorded at de ock.R.._..M,..._ JAN 18 1978 —, 1 ' c.t 820 Reception No. 1741Jl _ MARY ANN FEUERFTEIN Recorder. a. ' vo ALBERT C. TERRIERE, SR. and ANNIE MARIE t TERRIERE and ALBERT C. TERRIERE, JR. Statae�Documentary Tee • I whose address is Fort Morgan ', a.1 r AJAN 1 a 1978 C. 1. rj.+ C ! " 'Y�t � County of Morgan 3 .e .State of �^ :�,��(r�1 • CD S_ c-i •Colorado ,for the consideration of *Ten Do11a ^s • and other valuable consideration* .r doNgnc,in hand paid,hereby sell(s) and convey(s) to � en ri r ALBERT L. SCHOTT and MARY E. SCHOTT S" '+ 0 a o }chose legal address is Kersey ' County of oa ,-I Weld , and State of Colorado the following.real property in the f'? .--I County of Weld . and State of Colorado, to wit: CS The S' SW:SW;SW4 and W1/2SE;SWtSW: of Section 28, Township S North, Range 64 West of the 6th P.M. , more particularly described as follows : " Beginning at the Southwest corner of said Section 28; thence North `c., 00000'00" East 330.50 feet along the West line of said Section 28; __ thence South 89°43'40" East 662.56 feet; thence North 00000'05" ,� East 330.20 feet; thence South 89042'08" East 331 .28 feet; thence South 00000'08" West 660.11. feet to a point on thetSouth line of —said Section 28; thence along said South line Northif,89045'13" West 993.82 feet to the point of beginning. The above contains 10.046 acres more or less. .. »- Including one 5/8" water tap made by Central Weld County Water District, Tap No, 1075: Excepting and 'reserving_unto the grantors, their heirs and assigns the buried waterline presently located along the South boundary l line of the above described premises. u.J also known as street and number + ^^ .+^v with all its appurtenances, and warrant(s) the title to the same,subject to easements & rights c f way of record, mineral reservations of record, special taxing and assessment districts, county zoning, subdivision & building regulations, existing o11 gas or other mineral leases of record, 1978 taxes due and payable in 1979. Signed this day of January , 19 78 2 'Al6c�1Jazt Tri C: ardent. Sr �i / Ahn Ma• ria: erriere•STATE OF COLORADO, las. ',y CC..., , art C. Terriers, Jr County of - J f� The foregoing instrument was acknowledged before me this rinlu day of January ,1978 ,by Albert C. Terriere, Sr and Annie Marie Terriers and Albert C. Terriers, Jr. - My commission expires F'et/7 /9799 `,V.MtwOew. na hand and official seal. 7.Oth hpt"oTARy` � ' I ldinC4ca- ≤2 ).n.rr Pta.M Put?Llc ;. 920616 AK1888272; Recorded at B 0965 REC 01808272 04/08/82 16:26 $3.00 • 1/001 Reception No._ F 0726 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • c Quit ad/Ill(Beat THIS DIED is a conveyance from the individual(s). corporation(%) or other entity(ies) named below as GRANTOR to the individual(s)or entity(iesl named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The sper tic terms of this deed are- GRANTOR:n............. .,,•..Addenda n tn..rx,mn ra rave..,.ne,a,.mnd .,u,n.nx,n urn tbw n„en.,,..•n,,,n...dr.d r,xnt. Aden , ma m\a.nusnand And ear, ALBERT I.. SCII0TT and MARY E. SCII0TT 25,Ir_2 WCII 53, Kersey, CO 80644 Husband and Wife GRANTEE: u.,.mime...,and aria,en,.,•.gatemen,air eddies* Ant Winn available road or turn number n demand I ALBERT 1., SC110TT and MARY E. SCII0TT 25052 WCR 53, Kersey, CO 80644 FORM OF CO-OWNERSHIP: HI mere ap••....,.m .•Arann."named m.,.m avid n,,d.r..l u; m r as r.namr.n „nail"„ .n, ergo ,. ...n,ngs aid eo ,.at the'a o-m„urng me added in she,na,e brio Joint Tenancy PROPERTY DESCRIPTION: r•,•d,A.n ,•,..n,,.mn,rar.' Lot "A" Recorded Exempt ion No. 0963-28-3-RE264, recorded July 15, 1977 in Book 803 as Reception No. 1721612, Weld County Records, being a portion of the SW!, of the Sh'r, of Section 28, Township 5 North, Range 64 West of the 6th Weld County, Colorado RESERVATIONS-RESTRICTIONS::e.n.r,ua.rnu..Ar..,.n•...n.....,n,.nr.A...,An m.rv•m+.n Of locomen,le.,than he nand n•,• April 7 . 19 82 '.•(v _.. :' J Signed on Attest Albert L. Schott Grantor /a., Mary Ii Schott/ Grantor Qpk'COEORAoo SQ1411Y OF, WELD ) SS. Grantor he 1preggoing instrument was acknowledged before me[ 7th ) day of April . 1982 W4Clllrbeot L. Schott WI INESS nt hand and official seal. � t,Vy,onlnus o 5 n expires. June 27, 198 ('' tzLL(4(4,'7t,4�' •5 Tni6,OF ary COAL,CN i_O ) 115 2nd Ave., Ault, CO 80610 • '. CfUQTYtf LuEcU ) 55 The IotegoiiSg instrument was acknowledged before me this . ' day of L./-'• , 19'1 2, by•JJi1j . rC .5t -t_ n WITNE $$ hand and official seal r\Wcdm)i!lics:od expires Y rtin4es ,l(.y 19, 1Sri4 1,c ary Public 16 r91)UPOOr♦;• $6AL FORMS /a /�Th NO 201 20 i 2/ c l // • \ 4 ti re .rR 9 s' 29 28 •l ' 27 LOT A' LOT • 0 "B" 7.-- , ,j ca p z ,,..9 N •p J W c- 3 y. 23 3/ n, VICINITY MAP OO • SCA =_LE: I' 4000 M .9 0 Q 2 f t` 1 00 0 ,-1 il C -_ N 0) f J I N O 3 J rb v a m a as' `�a I Y a I"' �� I Propo,e� lir )r`r I • o Exis4-ir5 I 0 M M S- / I I Tgnk} ciq 3,3a, MAP To SC 12 A 1+ CN. G k e el f 920616 ,,i co `. axLv1PlJUN NO. O963-28-3 '• RE26 I. i ,y f /44,5271 Tipr' i 1 29, 1977 C�,'rHLRS: z� Fj2/ ALBERT SCHOTT �7��'"� Jo.a MARY SCHOTT \, 25052 WCR 53 h ti KERSEY CO 80644 ( ro,fo;? e 22 28 f-N :?i7 LOT A' LOT "B" - N j a j 33 Sy VICINITY MAP mss` SCALE: I"= 4000' X � , r � 0 I 1 b. tie h I - S89°Y2'o,9 E GS3 -7' v V .3,1/. 0�6' 33/.29' .._o SCALE: I"z 200' ' IP10 t r oou �� \ I N SS9°S3 fLDE 662.s6 k b goy i saawk j v LOT"e" 0 I f 5.019 « ACRES � 046/ LOT "A" Q..p(2�� \ % 10. ± ACRES I IcP kzc 1 0 .moo, 1 �w� . Li _ I --- . 993.82'--- I�- i SC,/ �o.Pit�6,�' SEc e4 1 4 I (�O/tir 4.4-22...--s4,2-4-7,,v ,„) -_ ,r S PO/, OF'.dEG/?/?///z/S <a 7- 'p" sa - - L//UE' OF .SEC 2B Ts/' yeG-FLU. g' cam//v7v .4,,...2.42.42 ....5- (gom•mow] 0 - /Y,t/seT /6/SE.9L ,xi!-z5'.f.5 z.-- ,2OTH.• TS'/S/S I/I/SriPU//JE.%/r /S fJ,;L :22 ell/ .9"?.4-97- OF SU,(!ri-' i'7i90E S/Y L7;5)-c-ScP fi7'EESa' 72-OGC? eCCI ¢' 2.S "`5'?92} t .6:-.P72-.0 /22-9/4" 2s, /9 21 • • ,lte': The I'age el ? lr , I,",( ril,l inur. . l 92961 T .. ;s .trc•..1' nu`a, °:tu"-. >, f';'Acokyy4i ," Gk`k fe,r. ,frf,,, mrc."(..eln.,�..,,.._-r� ,.�•� „ , . . 1 . The purpose and reason for dividing this land is that "Parcel A" contains all of the improvements with an amount of dryland pasture that would be approximately five acres . "Parcel B." which is dryland pasture would remain the same , except that one single family dwelling and improvements would be added . This lot would also consist of approximately five .acres for two horses that are used for work . 5 . This proposal is consistent with the policies of the Weld County Comprehenw i ve plan . The zoning is agricultural and this proposal would not change the zoning . 6 . This proposal is consistent with the intent of the zone district in which the subject property is located , that being agricultural . It will not involve disturbing the pasture which have been there for several years . 7 , the surrounding land use is pasture . Parcel A would remain as pasture with the improvements and Parcel B. would :'emain in pasture with one single family dwelling homesite . E . These uses will be compatible with the future development of the surrounding area which will remain agriculture in nature . 9 . This proposal will not be inconsistent with efficient and orderly development . The lots that border the existing lot and the proposed lot consists of five acres each . 10 . Parcel A has water furnished by Central Weld County Water District . The sewage disposal system is a septic system. Parcel E. would also be able to have domestic water furnished by Central Weld County Water District and sewage disposal would also be a septic system . See attached letter on water . 1 . This property is not located in a flood plain , geologic hazard , or in the Weld County Airport Overlay District . 12 . The above Lot B is nonproductive agricultural land and will also provide a residence for our daughter and her family . 9 20616 aWa CENTRAL WELD COUNTY WATER DISTRICT March 30, 1992 Duane R. & Shari Naibauer P.O. Box 38 Kersey, CO 80644 RE: Water Service Dear Mr. & Mrs. Naibauer: This letter is in response to your request for water service to your property described as follows: SW' SW% SW'/4 SW'/a: W' SE% SW' SW'/a of Section 28, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Submitted herewith are the costs for the 5/8" Tap. There are no additional costs for setting this meter at Weld County Road 52 between 53 & 55. Tap fee - 5/8" $3,500.00 TOTAL DUE $3,500.00 Before proceeding with the meter set, the above "Total Due" will have to be paid in advance, and the appropriate documentation completed for the application for water service. The District requires a 30 day notice for a tap installation. If you have any questions regarding the above, please contact this office. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT �2 P . Zadel eneral Manager JWZ/jma 920616 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager REFERRAL LIST NAME: Albert and Mary Schott CASE NUMBER: RE-1413 REFERRALS SENT: April 8, 1992 REFERRALS TO BE RECEIVED BY: April 22, 1992 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service Broomfield Emergency Management Office _Dacono _Sheriff' s Office Eaton _Engineering Erie Housing Authority _Evans Airport Authority Firestone Building Inspection Fort Lupton _Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _Greeley Department of Health Grover Highway Department _Hudson Historical Society _Johnstown Water Conservation Board _Keenesburg Oil and Gas Conservation Commission X Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 Longmont Berthoud F-2 _Mead Brighton F-3 _Milliken Eaton F-4 New Raymer Fort Lupton F-5 _Northglenn Galeton F-6 _Nunn Hudson F-7 _Platteville Johnstown F-8 Severance La Salle F-9 Thornton Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES _Pawnee F-22 Adams Platteville F-13 Boulder _Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins _Tri-Area Planning Commission Greeley _Longmont West Adams COMMISSION/BOARD MEMBER 920616 silt\ • ‘tc. DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO April 8, 1992 Albert and Mary Schott 25052 Weld County Road 53 Kersey, CO 80644 Subject: Recorded Exemption 1413. Dear Mr. and Mrs. Schott: Your recorded exemption application is complete and in order and will be processed on or before April 30, 1992. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Kersey Planning Commission for its review and comments. Please call Marlene Holcomb, at 333-1681, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me . Respectfully, ��GoJN�V Brian A. Grubb Current Planner BAG/sfr 920616 FIELD CHECK FILING NUMBER: RE-1413 DATE OF INSPECTION: April 8, 1992 APPLICANT'S NAME: Albert and Mary Schott REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SW4 of Section 28, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Weld County Road 52 and east of Weld County Road 53. LAND USE: N 1 residence and dryland pasture. E 2 residences. S 1 residence and dryland pasture. W 1 residence and dryland pasture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The surrounding area contains several residences. There is a noncommercial junkyard on proposed Lot A. Access exists from Weld County Road 53 and 52. There are no improvements on proposed Lot B. Current Planner 920616 mEmoRAnDum Nine. Brian A. Grubb Weld County Planning April 15, 1992 To Date COLORADO John S. Pickle, Director, Environmental Protection Servicep,7y4./ From Case Number: RE-1413 Name: Schott, Albert & Mary" Subject: Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. 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. 2. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. JP/cs-742 11 APR 16 1992 Weld County Planning 920616 telt(f DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 91510th STREET ' GREELEY,COLORADO 80631 C. COLORADO RECEIVED MAY 2 a Iwo May 21, 1992 CASE NUMBER: RE-1413 CIA rl TO WHOM IT MAY CIAPEP 1-&GAS CONS.COMM. Enclosed is an application from Albert and Mary Schott for a Recorded Exemption. The parcel of land is described as the S2 SW4 SW4 SW4: W2 SE4 SW4 SW4 of Section 28, T5N, R64W 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 south of the Town of Kersey; north of Weld County Road 52, and east of Weld County Road 53. This application is submitted to you 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 application and will ensure prompt consideration of your recommendation. Please reply by June 3, 1992, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request 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. �� 1I8( a M . C � / Signed://, 61L54.16-- Date: Agency: v[-O< 0/�. AS- ruff 2 6 192 a MAY 2 . t99eC. iXck',,y -Q.-- 920616 • DEPARTMENT OF PLANNING 81$VICa " owwotttnaototlln t 1 00 w+ esirat118rr eeMEI"ODLOMDD 0110: a ' ; . l ? C . COLORADO Jens 3. 1987 li • ' Board of Corot, Commisaioaarr Veld County Centennial Colter 913 TentA.,ttroot Greeley. CO 80631 R•s Recorded Exemption /1013 Dear Commissioners: This nest for a recorded exemption iiaoa is submitted by truce and Beverly parcel of land on which this :request is team nods is described as the part of dim SW} of-Section 28. T31. U4W ot'the 6th 9.11.. Veld County. Colorado and is also described as Lot 1 of S.$3. ma praparty is:loaned approximately 03 mile, south o! Rers.y on Meld County Need 33. parcel of land under consideration' is the total ceftiposs land bsldia5 of the applicant. ,The 'requeiclp to"djuidar the 10 act. paresi into parcels ' of 8 acts .and 2 acres. sot. or` . . • lased upon the submitted infosaation 'and ,policiss of the Cmmty. the Department of planning Swifts* staff recommends the requast 'b denied for the followins reasons. x The applicant hea lot _demonstrated that the proposal is aoasistent with efficient and orderly development. Recorded i emptian N3 was .approved in October. 1973. for the If of SW} Sy} of this smitten. This recorded exenptim-created tun 10 eases parcels. more or less. In June, 1977. Recorded baptism #264 ens approved . • for the Si of the SO} Mil MI and tb SS} SY} SN}. A.ten sere sed a five acre parcel *ere created by RL-26d.: ;In lerehA9p. - Recorded baaption 079 las approver .for part 1}' S it of Seetion 28.- This recorded caption created a 43 acts parcel and a 10 acre parcel. .. Seven recorded.' examptions and one subdivision exemption. have been approved in Jab adjacent Section 29. The !Westmont of planning Services staff fools that sufficient justification has not been given to warrant uxemrtiap a lot 'et this tine. and that in the immediate vicinity development has reached a level whore continued division of . Is Wemld evade the intent to the Veld' County Subdivision stigma. Increeaed residential development in rural areas necessitates at isctease.of - public services, additional demands of expenditure for read maintenance. polies protection. fire protection, and edueatie•aI services. • • fit - /O3 Board of County Commissioners RE-1013 Page 2 The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. The fact that the parcel is .5 miles south of Kersey should not allow haphazard development to take place. As stated on page 1, of the Weld County Comprehensive Plan, the purpose of the Comprehensive Plan is for the ... "general purpose of guiding the accomplishing the coordinated. adjusted, and harmonious development of Weld County." Although the Comprehensive Plan sets forth one of the intents of Recorded Exemption policy as to "enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite". the plan also states that "low density single family residential development may be permitted but is not encouraged." The continuing residential development of this area of the County is clearly not consistent with the intent of the Comprehensive Plan or the purpose of the Subdivision Regulations which ' is "to assist orderly, efficient, and integrated development." The applicant has not demonstrated that the proposal is consistent with the intent of the Agricultural Zone district. Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone district • was established in maintain and promote agriculture as an essential feature of Weld County. It is intended to provide areas for the conduct of agricultural activities without the interference and encroachment of other more intensive land uses. Respectfully submitted, \`°aratU ,�/ ,,a-".a nell J.�anson Current Planner LJS:dy . . REfJjt 1':7 RESOLUTION Ndl p. N Ca..a I RE: DENIAL OF RECORDED EXEMPTION NO 1013 - BRUCE AND BEVERLY SOLOMON WHEREAS, the Bo . of County Commissioners of Weld County, Colorado, pursuant f r statute and the Weld County Home Rule Charter, is ves d with the authority of administering the affairs of Weld Count y Colorado, and WHEREAS, the Board of Coolly Commissioners, pursuant to its authority under Section 30-2 10k , CRS, as amended, did, at a public meeting held in t the Board, consider the request of Bruce and Beve y S mon Recorded Exemption No. 1013, regarding property ich locat in part of the SWI of Section 28, Township 5 Nor , Ran 64 We of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request s to :Mide th property into parcels estimated to be approximately, 8 acres and 2 acres, and WHEREAS, after hearing the testimon sented, and reviewing r the recommendation of the Planni motion was made and seconded to approve said recreate co d Exemption #1013, and WHEREAS, on a roll call vote motion to approve said request failed on a 2-3 vote, wit ommissioners Brantner and Kirby voting aye, and Commissioners acy, Jfl,aon, and Yamaguchi voting nay. NOW, THEREFORE, BE IT RESO D by the Board of County Commissioners of Weld County, Colorado, that request of Bruce and Beverly Solomon for Recorded No. 1013 on the hereinabove described parcel of la , and hereby is, denied. The above and foregoing Resolut otion duly made and seconded, adopted on the 3rd day Ju , . 1987. OJ h4 .} H O OUNTY OMMISSIONERS ATTEST: ' 6tw 4AAdt6�tf.Nd WE CO O DO Weld County Clerk and Recorder and Clerk to the Board o rman i V [r»-sx Jai (Th4.44-•-*6---1 .W K r• r—•� ; m ePuty County erk APPROVED TO FORM: e rantner CC z.- G / J t ^�' nso �i �/ i County Atto ey ran ma• c R/ 90 / f cc '- -uxv 870450 r4 ; 1 • - AIITMLN f OF PLANNING SERVICES : • - PHONE 13031 356 000 EXT. 400 ,• O::( t ill 91 IOTA MEET /� J GEE LE V,GEMIOLORAOO EMI COLORADO % ' ) I4 ,. 1(/ �fOr ( f '� April 20, 1977 r �' iI / ✓+J ; 1 ,, 4 .53 i r\ e Board of Count.cemm2s 1 n s S �(y / Weld County, Colorado rt ',� �,`L 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #42 Dear Commissioners: The attached letter and related materials are in reference to a request by Albert Terriere for a Lot Size Variance. The subject property is described as part of the SI7i of Section 28, T5N, R64IY of the 6th P.M. , Weld County, Colorado. Said pro- perty is located l.i miles south of Kersey. The property con- tains approximately 15 acres of Class VI non-irrigated soils. The request is to obtain a variance from the minimum lot size requirement, Section 9-4 (A) (6) of the Weld County Subdivision Regulations, so that Mr. Terriere may make application to apply for a Recorded Exemption. Section 9-4 (A)(6) states, "The original tract or parcel to he divided under this Section meets the minimum lot size requirement estab- lished by the Weld County Zoning Resolution; variance from this requirement being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies within the Comprehen- sive Plan area of an existing incorporated town of Weld County. (Rev. 4-17-74)" If this lot size variance is granted, Mr. Terriere will prorri .1 with his application for a recorded exemption to divide the pro- perty into two lots. One lot is proposed to contain approximately 5 acres with an existing set of improvements. The second lot is proposed to contain approximately 10 acres which is currently an unimproved lot. • ?(74-etti - Board of County Commissioners April 19, 1977 Page z • • The subject 15 acre parcel was created an a separate legal lot on November 22, 1972 when the Veld County Board of County Commissioners approved Minor Subdivision Number 20 (former name for recorded exemption). At that time the subject 15 acre parcel was severed from what was originally a 90 acre parcel. Additionally on. January 29,1978 Hr. Albert C. Terriers, Sr. transfered 5 acres of the 15 acre parcel to Byron Uurray which was an illegal transferance of property under Senate Bill 35. The Terrieres are applying for this Lot Size Variance to obtain approval of a legal status for the 5 acre parcel as well as the ten acre parcel which remains in their ownership. Based upon the information submitted and the adopted policies in the County, the Planning Commission staff recommends the request be approved for the following reasons: 1. The Town of Kersey Planning Commission has indicated that the Town of Kersey has no objections to the granting of this Lot Size Variance request, . .2. The request complies with the intent clause of the recorded exemption procedure in that _non-productive agricultural lands (Class VI non-irrigated soils) are proposed to be . split and utili$ed for residential' purposes with become compatible with land uses in the surrounding area. 3. The 15 acre parcel in question has low utility for agri- cultural use duo to the small acreage involved and the poor soils underlying the property. Re e tfully • hams R. Bonn Zoning Administrator TRH/pr. • ct, lzita )4.69 • DEPARTMENT OF PLANNING SERVICE: illMOWuoei 31164000ext:M � � aeeeLev, OCOL0RAADO an hot b COLORADO June 13, 1977 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Recorded Exemption 284 Dear Commissioners: The attached application, plat, and related items are in reference to a request by Albert Terriere for a recorded exemption. The parcel of land is described as Pt. of the SW* of Section 28, T5N, R84W of the 6th p.m. , Weld County, Colorado. Said property is located 1* miles south of Kersey. The property contains approximately 15 acres of Class IV non-irrigated soils. The request is to split the property into parcels of 10..046 acres and 5.019 acres. The 5.019 acre parcel has an existing set of improvements whereas the 10.048 acre parcel is currently unimproved. On April 20, 1977, the Hoard of Commissioners approved a request from Mr. Terriere for a lot size variance so that he could make application. for this recorded exemption. At the time the Board made a decision on that request,. the Plaguing Commission staff submitted a letter of recommendation to the Hoard. A copy of that letter of recasendatios is included in the attached packet. Nothing has been`received by ' 4 our office which would change our recommendation of approval for thli ` request. 1 Re fully, L' Thomas E. Bonn Zoning Administrator TER/KM:sp Attachments. • • The printed portions of this form approved by the Colorado Real Estate Commission(CBS3-5-89) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) April 7. , 19 92 I. PARTIES AND PROPERTY. Duane R. Naibauer and Shari A. Naibauer ,purchaser(s)1Y�rQ str],(as joint tenants//ela(ihlt✓cLu4drdn) agrees to buy.and the undersigned sellers)ISel lerl,agrees to sell,on the terms and conditions set forth in this contract,the following described real estate in the County of Weld Colorado,to wit: Outlot "B" to be surveyed after approval by Weld County Recorded exemption N0.0963-28-3-RE264 A part of Section 28, Township 5 North Range 64 West of the 6th P.M. , Weld County, Colorado. , known as No. h (meet Address.City.State.Zip) too ' all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon and all attached fix t sth except as herein excluded,and called the Property. 2. INCLUSIONS. The purchase price 1 - following items(a)if attached to the Property on the date of this contract:lighting,heating, plumbing,ventilating,and air conditioning fixtures,TV antennas,water. -exe • moke/fire/burglar alarms,security devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen a • nd sprinkler systems and controls;(b)if on the Property whether attached or not on the date of this contract:built-in vacuum systems(including accessories),storm wi s doors,window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stov , storage sheds,all keys and garage door openers including remote controls;and(c) vacant ground (d)Water Rights.Purchase price to include the following water rights: none (e)Growing Crops.With respect to the growing crops Seller and Purchaser agree as follows: none The above-described included items(Inclusions)are to be conveyed to Purchaser by Seller by bill of sale, none deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in section 10. The following attached fixtures are excluded from this sale: • 3. PURCHASE PRICE AND TERMS. The purchase price shall he$ 10,000.00 ,payable in U.S.dollars by Purchaser as follows(complete the applicable terms below): (a)Earnest Money. $ —0 in the form of N?A ,as earnest money deposit and part payment of the purchase price,payable to and held by N/A ,broker,in broker's trust account on behalf of both Seller and Purchaser.Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing. (b)Cash at Closing. $ 102000.00 to be paid by Purchaser at closing in cash,electronic transfer funds,certified check,savings and loan teller's check,or cashier's check.Subject to the provisions of section 4,if the existing loan balance at the time of closing shall he different from the loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows: N/A (e New Loan, $ by Purchaser obtaining a new loan.This loan will be secured by a(1st,2nd,etc.) deed of trust. The new loa urchaser shall be amortized over a period of years at approximately$ per t n principal and interest not to exceed EL per annum,plus.if required by Purchaser's lender, a deposit of of the estimated annual real estate taxes,property insurance premium,and mortgage insurance premium. If the loan is an adjustable interest rate or graduate ent loan,the payments and interest rate initially shall not exceed the figures set forth above. Loan discount points,if any,shall he paid to lender at closu shall not exceed %of the total loan amount. The first(I,2,etc.) loan discount points shall be paid by and the balance,if any,shall be paid by Purchaser shall timely pay a loan origination fee not to exceed %of the loan amo d Purchaser's loan costs.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by upon loan application as required by lender. No.CBS3-5-89. 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Seller shall deliver to Purchaser.on or before the date set forth in section 7,true copies of all lease(s)and surveys)in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements,liens or other title matters not shown by the public records of which Seller has actual knowledge.Purchaser shall have the right to inspect the Property to determine if any third party(s)has any right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before June 22, ,19 92 .If Seller or Listing Company does not receive Purchaser's notice by said date.Purchaser shall be deemed to have accepted title subject to such rights,if any.of third parties of which Purchaser has actual knowledge. (c)Right to Cure. If Seller or Listing Company receives notice of unmerchantabil ity of title or any other unsatisfactory title condition(s)as provided in subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing.If Seller fails to correct said unsatisfactory title condition(s)on or before the date of closing,this contract shall then terminate,subject to section 17;provided,however. Purchaser may,by written notice received by Seller or Listing Company on or before closing,waive objection to said unsatisfactory title condition(s). 9. DATE OF CLOSING. The date of closing shall be Tune 30, , 19 92 ,or by mutual agreement at an earlier date. The hour and place of closing shall he as designated by buyers and sellers 10. TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance by Purchaser with the other terms and provisions hereof.Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser, on closing,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 I of Purchaser's signature hereon,whether assessed or not;except distribution utility easements,including cable TV;except those matters reflected by the Title Documents accepted by Purchaser in accordance with subsection 8(a);except those rights,if any,of third parties in the Property not shown by the public records in accordance with subsection 8(b);and subject to building and zoning regulations. 11. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds of this transaction or from any other source. 12. CLOSING COSTS,DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing,except as otherwise provided herein. Purchaser and Seller shall sign and complete all customary or required documents at or before closing.Fees far real estate closing and settlement services shall not exceed$ 75.00 and shall be paid at closing by purchaser 13. PRORATIONS. General taxes for the year of closing,based on the most recent levy and the most recent assessment,rents,water and sewer charges,owner's association dues,and interest on continuing loan(s),if any,and none shall be prorated to date of closing. Any sales,use and transfer tax that may accrue because of this transaction shall be paid by N/A 14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: date of closing subject to the following lease(s)or tenancy(s): none If Seller. after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall he additionally liable to Purchaser for payment of$ —0— per day from the date of agreed possession until possession is delivered. 15. CONDITION OF AND DAMAGE TO PROPERTY. The Property and Inclusions shall be conveyed in their present condition,ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price,Seller shall be obligated to repair the same before the date of closing.In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Purchaser.Should Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,not exceeding,however,the total purchase price.Should any Inclusion(s)or service(s)fail or be damaged between the date of this contract and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser covering such repair or replacement.The risk of loss for any damage to growing crops,by fire or other casualty,shall be borne by the party entitled to the growing crops, if any,as provided in section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops.if any. 16. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: • (a) IF PURCHASER IS IN DEFAULT: IF THE BOX IN SUBSECTION(U IS CHECKED,SELLERS REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(I) [SPECIFIC PERFORMANCE'. IF SAID BOX IS NOT CHECKED. SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(2)(LIQUIDATED DAMAGES I. )1Oq Specific Performance. Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. (2)Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection(c))are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT: Purchaser may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall he returned and Purchaser may recover such damages as may be proper,or Purchaser may elect to treat this contract as being in full three and effect and Purchaser shall have the right to specific performance or damages,or both. (c)COSTS AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any litigation or arbitration arising out of this contract,the court shall award to the prevailing party all reasonable costs and expense,including attorney tees. 17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract. Purchaser and Seller agree that. in the event of any controversy regarding the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of value,broker or closing agent shall not he required to take any action hut may await any proceeding,or at broker's or closing agent's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney Pees. 18. INSPECTION. Purchaser or any designee.shall have the right to have inspection(s)of the physical condition of the Property and Inclusions. at Purchaser's expense. If written notice of any unsatisfactory condition, signed by Purchaser, is not received by Seller or Listing Company on or before May 8, J9 92 ,the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Purchaser. If written notice of any unsatisfactory condition,signed by Purchasei.h given to Seller or Listing Company as set forth above in this section. and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before May 8, , 19 92 ,this contract shall then terminate,subject to section 17.Purchaser is responsible and shall pay for any damage which occurs to the Properly and Inclusions as a result of such inspection. GENCY DISCLOSURE. The listing broker, and its sa e, nts(Listing Company)represent Seller. The Listing Company owes duties of trust. loyalty and confidence to Seller only.While the Listing Company duty to treat Purchaser honestly. the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, P = ASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT.`-- The selling broker. and its sales agents (Selling Company) represebir-„, [IF THE BOX IN SUBSECTION (b) IS CHECKED. SELLING COMPANY REPRESENTS PURCHASER ONLY, AS SET FORTH-1N SUBSECTION (h). IF THE BOX IN SUBSECTION (h) IS NOT CHECKED,SELLING COMPANY REPRESENTS SELLER ONEY,AS SET FORTH IN SUBSECTION(a).] (a)Seller. The Selling Company owes duties of trust, loyalty and confidcntt to Seller only. While the Selling Company has a duty to treat Purchaser honestly, the Selling Company is Seller's agent and is acting on behalf of Selle' a -an Purchaser. BY SIGNING BELOW. PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING COMPXNY,1 SELLER'S AGENT. ❑ (b)Purchaser. If the box is checked:The Selling Company owes duties of trust.loyalty and confidence chaser only. While the Selling Company has a duty to treat Seller honestly,the Selling Company is acting on behalf of Purchaser and not Seller.SELLER LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCHASER'S AGENT 20. ADDITIONAL PROVISIONS:A. This contract is subject to approval of a recorded exemption by Weld County, State of Colorado. B. See attached map. 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Purchaser and Seller acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this contract. 22. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to section 17. 23. NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptant n or before May 7, , 19 92 ,this document shall become a contract between Seller and Purchaser. A copy oft is document may be executed by each party,separately,and when each party has executed a copy thereof.such copies taken together shall be deemed t t e a full and c t to c ttract between the parties. .r,'d, ( 7—..) Sar�c�►� o. n Ina)nine 41 ati Par"tas r Duane R. Naibauer Date Punch"`r Shari A. Naibauer Date Purchaser's Address P.O. Box 38, Kersey, CO 80644 (352-1809) ITO BE COMPLETED BY SELLER AND LISTING COMPANY] 24. ACCEPTANCE/COMMISSION. Seller accepts the above proposal this day of , 19 , (Le ants.,tn,r..is.:c t,ria.or as agreed upon between Seller and Listing Company for services in this transaction. In the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be divided between I.isting Company and Seller,one-half thereof to Listing Company. but not to exceed the commission,and the balance to Seller. r .Albert L. Schott Date sorer Mary c ott Dace Seller's Address 25052 WCR 53, Kersey, CO 80644 (353-7237) �Thcu ersigned Selling Company acknowledges receipt of the earnest money deposit specified in section 3 and both Selling Company and Listing Company con )n s ective agency disclosure set forth in section 19. Selling Company By: (Signature] Dam Address Listing Company By: (Signature) Date Address ADMINISTRATIVE REVIEW FLOW SHEET 6 CASE // Wfr- I APPLICANT: C1 Lafar 4 Ma REQUEST: Reeziwar, anNpICJ LEGAL: SZ 5aI45[.J 44-aJo WZeE4 eW4- Si")4- 2Po - 5 -Co '— LOCATION: APPFOXIMA'(P-.L-'f / y Mft-E o -'46 - e,Wu or k 2e ( &1orr- of wce- 5z. to-M) F k ba Date By Application received 41919 Z f /� Application complete `} 8/92 SA Latter to applicant drafted f1 / s/4Z (i Referrals Listed 'Vein File assembled -9 - Os-- Letter to applicant mailed 4-q-q a ^ O Referrals mailed / n_nom ,rte-.fktChairdeved -� DPS recommendation drafted Administrative Review decision: 24L- History card completed 71 . ,Q COK^IISSIoNERS' HEARING DATE: -/s /Gr,Z, Date By Air photo and maps prepared Field check by DPS staff 4- qz !A CC Action: C ``. , _ 9.2 41'1 CC resolution received 14 r f 1. History card completed Recorded on maps and/or filed - 'J- CJ v ` u File contains oversized map Please see original file Hello