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RESOLUTION
RE: APPROVE VACATION OF RE 11724 - HOWARD, ET AL
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, by Resolution dated November 28, 1984, the Board did approve
Recorded Exemption No. 724 for Roderick and Onea Miller for property which is
located in part of Section 34, Township 6 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado, and
WHEREAS, the present owners of the property, Fern A. Howard and George T.
Ashen, have requested said recorded exemption be vacated by letter dated May 6,
1994, and
WHEREAS, said request was considered by the Board at a meeting on May 16,
1994, at which time Tom Collins, Loveland Realty, was present to represent the
property owners, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the property owners and the
recommendations of the Planning staff and, having been fully informed, deems it
advisable to approve the vacation of Recorded Exemption No. 724.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Fern A. Howard and George T. Ashen to
vacate Recorded Exemption No. 724, granted by Resolution dated November 28, 1984,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that Recorded Exemption No. 724 be, and
hereby is, vacated subject to the following conditions:
1. The County recognizes the 40-acre parcel described as the SW,'--, NW; of
Section 34, Township 6 North, Range 64 West and the 80-acre parcel
described as the WI SW* of Section 34, Township 6 North, Range 64
West as legal lots.
2. The mobile home located on the 40-acre parcel described as the SW*
NW,' of Section 34, Township 6 North, Range 64 West shall be
permitted as a principal dwelling or removed by July 1, 1994.
3. The property owners of the remaining 360 acres of the original
recorded exemption property in Section 34, Township 6 North, Range
64 West combine the legal description into one parcel and record a
Quit Claim Deed or other legal instrument on the parcel.
B 1442 REG 02389496 05/20/94 11 : 38 $0 . 00 1/002 940450
F 1891 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
fe „ „ . n.. . zIA;,24 rd Pt : nd`/-/LF/T
RE: VACATE RE #724 - HOWARD, ET AL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of May, A.D. , 1994.
/Waal? BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board 1277
%1G42-1
. H. Webster, airm n
BY: /j�.G /YA--lr6.-1-1
Duty Cler to the Board Da etjK Ha , o-T m
L .
APPRQ AS TD.FO1fc :
/Geor e,/E.. Baxter
County Atto y Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940450
K 1442 REC 02389496 05/20/94 11 : 38 $0 . 00 2/002
F 1892 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
<<,4#n mEmoRAnDum
WilkTo Board of County Commissioners Date May 16, 1994
COLORADO From Department of Planning Services 1�i
Subject: Varatinn of RP-774, Fern Hnwarri, et al I '
The Department of Planning Services recommends that the Board vacate RE-724 with
the following conditions:
1. That the County recognize the 40 acre parcel described as the SW4 NW4 of
Section 34, T6N, R64W and the 80 acre parcel described as the W2 SW4 of
Section 34, T6N, R64W, as legal lots.
2. That the mobile home located on the 40 acre parcel described as the SW4
NW4 of Section 34, T6N, R64W shall be permitted as a principal dwelling or
removed by July 1, 1994.
3. That the property owners of the remaining 360 acres of the original
recorded exemption property in Section 34, T6N, R64W combine the legal
description into one parcel and record a Quit Claim Deed or other legal
instrument on the parcel.
940450
ASHEN FIRM TEL No .303-629-9066 May 6 ,94 9 :53 No .001 P .02
ASHEN & ASSOCIATES, P.C.
ATTORNEYS Al LAW
1226 BANNOCK STRFFT
DENVER, COLORADO 50204
M. PAULA ASI!EN GEORGE t ASHEN,
JAMES E. FREEMYER OF-COUNSEL
ELAINE COREY 9p3)826-6136
l IMO1Hv C. HICKS May 6, 1994 FAX(303)629-9066
Board of Weld County Commissioners
915 10th Street
Greeley, Colorado 80631
Attention: Chuck Cunnilife
Weld County Planning and Zoning Dept.
RR: Request to vacate recorded exemption
Number C801-34-3-R8-724
Property owners: Fern A. Howard and George T. Ashen
Property situated: Weld County, Colorado
Dear Sir/Madam:
For and on behalf of the coowners of the real property effected
by the recorded exemption above numbered, we hereby request that
the recorded exemption on the properties whose legal description
is contained in the recorded exemption as above numbered be
vacated on the property as soon as possible.
The legal description of the property effected is set forth in
the recorded exemption above numbered. A copy of said recorded
exemption is attached hereto and made a part and parcel hereof.
This letter is being faxed to Mr. Chuck Cunnilife via fax number
1-303-351-0978. Mailing of this letter and the attachments to
follow.
Thank you for you courtesy.
cerely,
G /
GeorgeAshen
GTA:ab
Encls.
Fern A. Howard and George T. Ashen
0JCEIVE
MAY 0 6 1994 \I
Mlnld ems Planning
MAY 6 '94 09:51 303 629 9066 PAGE.002
940450
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PURPORTED CORY
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/?'37'" : 96.75 6s.7 Jones-IVininger& Associates
.11..:' - _ 1 '• 1 l Profesiionol Survey•orr
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:::•, 1117 9117 Avenue
�: ,•_;:.;;, Y,e/niirs� M.A Greeley. Colorado 8063!
,'.,;� .^ sestet/^•z000' •
s. . 303-352-4700 .
PROJECT NUAIBER : 1984-227 DATE: DEC. 1984 Sheet_!_of 4 + ^•
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Recorded at o'clock .m.
Reception No. Recorder
QUITCLAIM DEED
THIS DEED, Made this 12th day of May, 1994
between GEORGE T. ASHEN and FERN A. HOWARD as Personal
Representative of the Estate of William S. Howard a/k/a
W. S. Howard, deceased
of the County of Arapahoe and State of
Colorado, grantor(s) , and
GEORGE T. ASHEN and
FERN A. HOWARD
whose legal address is 6301 Greenbriar Drive
of the County of Arapahoe and State of Colorado, grantee(s) ,
WITNESSETH, That the grantor(s) , for and in consideration of the
sum of One Dollar and other goods and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, have
remised, released, sold and QUITCLAIMED, and by these presents do
remise, release, sell and QUITCLAIM unto the grantee(s) , their
heirs, successors and assigns, forever, all the right, title,
interest, claim and demand which the grantor(s) have in and to
the real property, together with improvements, if any, situate,
lying and being in the City and County of Denver and State of
Colorado, described as follows:
The South Half (S1/2) of the North Half (N1/2 ) and the
South Half (S1/2) of Section Thirty-four (34) , Township
six (6 ) North, Range Sixty-four ( 64 ) West of the 6th
P.M. , County of Weld, State of Colorado, EXCEPT the
South Thirty feet (S30' ) and the North Forty feet
(N40 ' ) for the County Road purposes, and EXCEPT parcels
of land as conveyed by Deeds recorded in Book 194 at
page 107 , Book 194 at page 478, Book 208 at page 457
and Book 211 at page 196, Weld County Records. Said
conveyances are portions of that land known as The
Briscoe Reservoir, and EXCEPT,
All that part of the W1/2 of the W1/2 of Section 34 , Township 6
North, Range 64 West of the 6th P.M. , County of Weld, State of
Colorado, being more particularly described as follows:
Beginning at the Southwest corner of said Section 34 and
considering the West Line of said Section 34 as bearing South 00
degrees 00 minutes 00 seconds West, and with all other bearings
contained herein relative thereto; thence North 00 degrees 00
minutes 00 seconds East, along the West line of Section 34 ,
2579 .80 feet to the W1/4 corner and the True Point of Beginning;
thence continuing North 00 degrees 00 minutes 00 seconds East
along the West line of Section 34, 1331. 60 feet to the Northwest
corner of the SW1/4 of the SN1/4 of Section 34 ;
thence North 89 degrees 11 minutes 08 seconds East along the
South line of the N1/2 of the N1/2 of Section 34 , 1321.29 feet to
the Northeaster corner of the SW1/4 of the NW1/4 of Section 34 ;
• • te•MI1074;14
thence South 00 degrees 00 minutes 45 seconds West, 1297 .09
feet;
thence South 87 degrees 41 minutes 22 seconds West, 1321. 95
feet to the W1/4 corner and the True Point of Beginning; and
EXCEPT
All that part of the W1/2 of the W1/2 of Section 34, Township
6 North, Range 64 West of the 6th P.M. , County of Weld, State
of Colorado, being more particularly described as follows:
Beginning at the Southwest corner of said Section 34 and
considering the West line of said Section 34 as bearing South
00 degrees 00 minutes 00 seconds West, and with all other
bearings contained herein relative thereto;
thence south 89 degrees 38 minutes 55 seconds East, along the
South line of Section 34 , 1320 . 33 feet to the Southeast corner
of the W1/2 of the W1/2 of Section 34 ;
thence North 00 degrees 00 minutes 45 seconds East, 2625. 00
feet;
thence south 87 degrees 41 minutes 22 seconds West, 1321. 95
feet to a point on the West line of Section 34 (said point
being also the West quarter corner of Section 34 ) ;
thence south 00 degrees 00 minutes 00 seconds West, along the
West line of Section 34, 2579.80 feet to the Point of
Beginning.
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor(s) , either in law
or equity, to the only proper use, benefit and behoof of the
grantee(s) , their heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) have executed this deed on
the date set forth above. HOze s i
George T. Ayhen
II /' �/ : /fin
Fern A. Howard as Personal Representative of the
Estate of William S. Howard a/k/a W.S. Howard
STATE OF COLORADO, )
ss.
County of Denver )
The foregoing instrument was acknowledged before me this
/3S day of , 1994, by George T. Ashen and
Fern A. Howard as erSbnal Representative of the Estate of
William S. Howard a/k/a W. S. Howard, deceased
My commission expires y - IV- , 1992. Witness my hand
and official seal.
Notary Public �d
J c:\text\probate\howard.fer 1 MARTHA LEFEBRE
1226 BANNOCK ST.
DENVER, COLO. 80204
• 1 �,
RESOLUTION
R APPROVAL OF RECORDED EXEMPTION NO. 724 - RODERICK AND ONE&
MILLER
WHEREAS, the Board of County Commsissioners of Weld County,
: I >rado, pursuant to Colorado statute and the Wild County Hosie
3 le Charter, is vested with the authority of administering the
! 'HUtirs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its
s.:iL.hority under Section 30-28-101 (10) (d) , CRS, as amended, did.
.7: lermine at a public meeting held in the Chambers of the Board,
t ',:Lt a certain parcel of land, to be divided into two parcels, as
'IF nwn on the plat known as Recorded Exemption NO. 724, does not
c ,:,rue within the purview of the definition of the terms,
' subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption No. 724 was
≤ :Iemitted by Roderick and Onea Miller for property which 18
: : c.ated in Part of Section 34, Township 6 North, Range 64 Nest of
ii ' 6th P.M. , Weld County, Colorado, being more particularly
ciicribed in the plat which shall be provided by the applicant and
I ; ::iwn as Exhibit "A" , said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels
rn:inated to be approximately 24 acres and 394 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of Country
( rrrrunissioners of Weld County, Colorado, that the hereinabove
r*' uucribed parcel of land be, and hereby is, exempt from the
i:id:initions of "subdivision" and "subdivided land".
BE IT FURTHER RESOLVED by the Board that this approval is
l ',inditional upon the applicant submitting a soar plat to the
t apartment of Planning Services to be recorded in the office of
Pius Weld County Clerk and Recorder. The plat shall be drawn in
1.rr,'ordance with the requirements of Section 9-3C. (4! of the Reid
Canty Subdivision Regulations. The plat shall be `Sebmittad
I Iihin ninety days from the date of approval by the Board of
, .E uanty Commissioners.
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Lc , Lowe and foregoing Resolution was, on motioti di ly n
I !_c !nd d , adopted by the following vote o r,n the 11P:h days
nl cq , A.D., 1984.
1
#¢- BOARD OF COUNTY C S II ','.S ONF h
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',7 ,ii°1°Ia (4,�,,,,,, "lul �� WELD C OUNT'Y, COLOFA ':ei i1 (12,1:nty Clerk and Recorder >4�_IC]�`nl+�. ,�2 Lliid' ,
I1 'l E I.I. to the Board Norman Car..ison, C La_:...vitlar't
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