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HomeMy WebLinkAbout940450.tiff ax238949b 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 is fi I ati t .t. ^.t.' .. -•-•;•;.;..:.p:-Z\ .g T p t z � .......: / ` n .._ _. .. _. .0 xn Y' y,x J .Y.52 'k —14\\ .;.•,.Y ....it .F A' `.." 2' 3 'G '!t bl ' _. • ?jib 2.1.7'..": M-r > .ate. a'S ^'y. ce` L b 'f ; .•tts. I: 1"44:::„"4.4,..:242/:44: . r i .. A ^�yy 21 ..+w .S. : : , ." • 3 w` - sr3 ,fa�Y ¢ �`p • I s 1 44 2^. ^t J iiMvp x • Y . p Y • r � •K' 'Y1.• d r ' �yi'rWK i •,a rr 4 y{ „.. a • "fi'''r:t "-r -..• • : .4. P� • R� : .: C i y t .h „. • x y wY( �'Y,�fd' M " `m ,,,,V' .• ...dye rr' ry',v �' A"-ST yt F t:, ..ham„,,,„ . 11s r .44.0... `{ ,r -.k ,w.y xy( ..IP+z� *e�'4...1'^ K� "F. 'y ,i �d' f '1:2-„,;„g: �'-" • w�i.- iiLLy 2.*:••}:''';•5;"'"'"'" >A",.•. .. >". .. ^.^2' -.MR... "s:'.. .^� .. � � .'-rv;*n'�akK Y.^-•:.yx... . -;M. ,.tx. .� .: "`..... #,. - Rr is . :scY �s. x<x, s E;^ : aa - ; y,T .! . "1 �� K,, � rte. ..,a..'...�'t •;:,;:;•;;;;••.;•;>:::::4•:::::-::' ,wS^ Y j {: >,y#�� 'X.Y i T t�. Y. � mkit;t • e al • �'J)4..} i"""'..` x cq-• e n- mtacx ve a J .ai...fie .Y� ... - K v.t i gfr a s ts¢ s .MA v '' 8 I q$ ' ri 3 N j _ _ a ur •' k ', RECORDED EXEMPTION N°. O8O1--34-3--RE 7241 p,��r u r� ii _�,, . 4 � di b � t h ° n!189"26'3 E Z69.aS9 `�� N.B9°Z6.r'0..� • 1 t Z6A/. 7 T -� e+ s+t rte i4?fvty�';t ,T �. o r. �_ r .4' k. fit s a''4--..,.4,„1 o 1• i •y^xryn'f s *45:1'41. 0 !r.,z t F Q y 76O.78 0. 5-S.11/°.7.6'.35-79., ',,,,,,,,:,••1„,,,1i¢r,: Y-4 % R ... /00.00' �k•t•p�' k� e �:::..,,...:41. s .ft \e\ j� y '� d 53�/D%9"YY .-' 36' h I •r i4c u,:iif w 4 , 4x <v A? a r 1 4 5. ' a 1. / `� 1�°tY`*�L Cp, N. n Fr r= r c J S./9'913'/9'F /X8.30' /1 `�` r ;, ,.;,f14,41 i1 pi‘ s F4 1..„,a 0� 3' _`� >>n' r( lit-t-'4 FV sir �t'''' r ' ''4",V. ' 3:y � �`� hQj 5Lpff` 9p t +ieli a r4,-,1: fT4'+ .4V- ',:•..,t,!,41 :4',', ro \V Sc/1,1..)/''.0,0' C1 0 R� -. v' r r �f ` �. / n h ` 5 F7 U, yet l n �, • 1' ' \, \`Y , ♦ kF xr h °� k k 0 o Zsx r, ,.• w� E 1-0 q1-' �1 q c ,f' n ? :' %.,,;.. , ~•r:' ,..1.4•44..4i is h Y $ S' „ �� o •r „,..*:::.,....,••••:.,.•-• * : ,air"- Q ri } :i 'ti r :t'. - y i3.zo.efILMT ' S. 89°3908-YY. /3,Ze��' z6Ai.3 ;_ f. :tiE . .'. ,,,,iliit.4, t• ilK" f4 iii wire e//•i/t/a 477e :",57:r;i •,b.:` .- B 1054 REC 01993961 01/03/85 13:18 $9.00 1/003 " aTdy.� • ', •'•`44aIX F 0682 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO yxoy l3.i. .1"474,; . tl.A=41_,11._,L 1 1 \ ; :-L-r,;f.ri.,...41.2::;.;f:. •. O . #, S---\ , - '';•:L �l' ` 9 9e� / ; /(' /Q�ei/c/1 ..?.../27,4,/ .•aOAr • .a;.;i. 5 + r ♦. ' I f9 In C�+erw/ �ee�Tne,3•�%/D '. .a:� ?Al + _ . {74• 1' " #:%.4 s�°' t y ` CO/o ra Oo S/o i,'/.�S J 4:.,- •469 • ' !:i4;:, 1.9 - If ._ " 'I ( C \ \ \ Briaeoe lake • , e.^{. rr+3 ` 96]7 1 1 PURPORTED CORY 'SP,;,,..:.,,:•:'`. . t . /?'37'" : 96.75 6s.7 Jones-IVininger& Associates .11..:' - _ 1 '• 1 l Profesiionol Survey•orr ; '. :::•, 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 + ^• • -� � • 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. r s ( r r e , 13 ,i 4 - 94 [,, , i$ �i { I fjlll 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 " ...i ',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 L 1. 2t ,[.t c ue��4 : nf.'.�� ( 1 'son , n , I'l o 7 eu ..,.. Derputy County erk f Li 4 30a 4. Itl.)11EI') AS TO FORM: e Ss , .an li /,,. Gllu K Ire 1 c n ..,�� .. -c, /' A. ar sdn , o,wily At orney J&Lit _2:, �y' lial ..._ _, ..... .. T. Mart.. n�G ��� 11 t, R r, t II: 344) 50 Hello