HomeMy WebLinkAbout931024.tiff RESOLUTION
M 23537'2
RE: APPROVE VACATION OF RECORDED EXEMPTION #419 - STEVE DILL/ESTHER LEMONDS
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 on September 26, 1979, the Board did approve
Recorded Exemption #419 at the request of William and Esther Lemonds, and
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o WHEREAS, said action was taken concerning property described as:
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~• O Part of the SE; of Section 34, Township 9 North, Range
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A 66 West of the 6th P.M. , Weld County, Colorado
0 3 WHEREAS, Esther Lemonds has requested vacation of Recorded Exemption #419
o a in order to correct an illegal land split, and
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WHEREAS, after hearing testimony on said matter, the Board deemed it
O advisable to grant said request.
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m a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
a County, Colorado, that Recorded Exemption #419 be, and hereby is, vacated,
contingent upon the filing of two Quit Claim Deeds for the two 40-acre parcels
of RE #419 to combine them for ownership of a single 80-acre parcel.
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U The above and foregoing Resolution was, on motion duly made and seconded,
o H adopted by the following vote on the 29th day of September, A.D. , 1993.
E BOARD OF COUNTY COMMISSIONERS
~ a ATTEST: V WELD COUNTY, COLORADO
N D �(
N W Weld County Clerk to e Board ln?yza.Ci'�Jz ��!��
Constance L..J Harbert, ,Chairman
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BY:
U a Deputy Cler, tt and W. ebster, P o-Tem
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AP�tOVED A'S ��'� FOROR �����'Y�
in rn I j ACs CT ; eorge/g. Baxter
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ABSTAINED
M w out Att Dal I K. Hall
Y or e y 14 ter' �l
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Barbara J. Kirkmeyer
931024
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C. 1400 N.17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
September 27, 1993
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Subject: Vacation of Recorded Exemption #419.
Dear Commissioners:
Steve Dill, the owner of approximately 80 acres in three different parcels located
in the SE4 of Section 34, T9N, R66W of the 6th P.M. , Weld County, Colorado, came to
our office to apply for building permits. Through the normal course of action, it
was discovered that two illegal land splits had occurred to create two parcels which
Mr. Dill owns. Mr. Dill owns a portion of Lot A, RE-419. To create additional lots
within a recorded exemption lot another recorded exemption must be applied for. This
was not done. The building permits he has applied for cannot be released until the
illegal land splits are cleared up.
In consultation with our staff, a potential solution to the dilemma has been reached.
If quit claim deeds are filed on the two 40 acre parcels, and the recorded exemption
on the property is vacated, the landowners will have a 160 acre tract of land. Of
this 160 acres, Mr. Dill owns approximately 80 acres and his brother-in-law owns
approximately 80 acres. The minimum lot size in the County is 80 acres, so they
would have the ability to file warranty deeds describing two 80 acre parcels.
Staff would support this proposal because there would be two legal lots, just as
there was when the recorded exemption was approved. Approval of the recorded
exemption vacation should be contingent upon the filing of quit claim deeds for the
two 40 acre parcels.
Enclosed, please find a letter and supporting documents from the land owner
requesting vacation of the recorded exemption. Also, I have included two maps as
visual aids.
Staff and the landowners appreciate your consideration of this matter.
Sincerely,
Greg TVompson'
Current Planner S31024
September 23, 1993
Board of Commissioners
915 10th Street
Greeley, CO 80631
Gentlemen:
We are asking for a vacated recorded exemption. After the
recorded exemption we inadvertently did two illegal forty acre
land splits. As a way to clean up these illegal land splits,
we would like to vacate the recorded exemption 419.
Everything had been done through proper channels and we were
waiting for permits to be issued for the electric line, septic
system, and building; when the Weld County Planning Commission
discovered this error.
We would like to re-establish the original 160 acres and break
it into two eighty acre plats. Our intention is to put a
mobilehome on one of these plats. We will file the Quit Claim
Deeds which have been suggested by the Planning Commission.
We are awaiting your approval.
Sincerely,
Esther Lemonds
15659 Weld County Road 98
Nunn, CO 80648
931024
RECORDED ET 4fPT/Oiv 4/0 G 55 34-4 RE4/9
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2811 Cee.,f 2:€d/oo 11 26 THE 5Ol/TN EAST
SECT/ON 34 T-9-A
c= R-66-W 616 P.M, weiO
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.SE.cor. Sec.34
OWNERS
Wr%/;1,,, R L e.esono/s yes air %Pef en o/s
R/. / Box S
Nunnr Co/or`OO0 c90'48 g ook4 883 / ,So OCT 2 1979
Recorded at ../ ".... o'clock le .:M...—._.....,__
1805053 �
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Rec. No.
F:le$' stG27 .2 _/ & env
State of Colorado, Weld County Clerk & Records31.0
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9-25- 9 Shea/ / 01. 2
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✓osep4 A. Serpre.non f L.S. PBene ise-.4(7/S i
/0t5 S. N.%/cresf 0.-.1,e, For/ Ce//c C/0, d. docz/ P/Of[C7� No. 1 /O2
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o'RDED EXEMPT/ON MO. 04 5 34-4-RE4/9 �'a.,
LI/at DESCRIPTION q I 3in .
The' Southeast one quarter (3) -.ef Section Thirty-Pour (34) , Township Nine (9)
North, range Sixty-six LW West 'bf-the 'Sixth.(6th) Principle Neridiap,`Weldx -
County, State of Colorado ,.`
Said described parcel of land centime 0naNundred-Sixty Acres More o,less ineludipg.
a strip -ef land thirty (30) feet in width aisng the North and East sides 'of - '
the Southeast one quarter of said -section thirty-three (33), reserved for
County Read Right of Way purpeses and is subject t• any rights of way or
ether easements as redorded by instruments of record or as now existing op
said Described parcel of .lan9: '
OWNERS STATE NT
iii Willies j i tether Lompde bstng the sole owners ii fee of the ,eber '
described property de hereby divide the attached map.
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, , Williaa P. Lomond. Esther Lemends The fere$4ng certification was- acknowledged before me this c7 ' y'
day of h �C C- l� , A.D. 1921. Q
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y eeamissr expires: n.C: C L7//�0
cleflayeblis Witness my >9and a Soil
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SURV7l,VOR'S CLRTIFICn_SI
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I hereby certify that this plat was prepared under my super►istsn; any that
tau same is correct to the best of sty knowledge and belief.
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The accempasying plat is accepted and approved for filing. ' e.!.(i '
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Chairran of the' Board of County Comnissieners _
\InAttest: County Clerk and Recorder '-U i'•+ —1-2*-A-040 'a1^"/
' J Deputy County Clerk
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DESCRIPTION OF A 40 ACRE TRACT IN SE 1/4 SECTION 34, '3-N, 66-W,
6th Ft..
A tract of land located in the Southeast Quarter Section 34 ,
Township S North, Range 66 West , of the 6th Principle meridian
being more particularly described as follows:
Considering the South line of said Southeast Quarter Section 34
as bearing N 90 00' 00" E and with all other bearings being
relative therta.
Begining at the Southwest corner of said Southeast Quarter
Section 34; thence N 90 00' 00" E 480.44 feet along the said south
line of said Southeast Quarter Section 34; thence N Oct 17'53" W
335.84 feet ; thence N 90 00'00" E 203. 18 feet to the True Point
of Begining; thence N 90 00' O0" E 747. 00 feet ; thence
N 00 O0' 0O" E 2315.50 feet to the North line said Southeast
Quarter Section 34; thence S 89 51 '23" W 759. 02 feet along said
North line Southeast Quarter Section 34; thence S 00 17'52" E
2313. 63 feet to the True Point of Begining. Said tract contains
40.C)11 acres more or less.
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931024
LEGAL DESCRIPTION
A parcel of land located in the S.E. 1/4 Section 34, T-9-N, R-66-W, 6th
P.M. , Weld County, Colorado being more particularly described as follows:
Considering the South line of the said SE 1/4 Section as bearing N90°00'00"W
and with all other bearing relative thereto. Comencing at the SW corner
said SE 1/4 Section 34, said corner being the true point of beginning; thence
NOO°17'53"W 2647.76' along the West line said SE 1/4 Section 34 to the N.W.
corner said SE 1/4 Section 34; thence N 89°51'23"E 683.62' along the North
line said Section 34; thence SOO°17'53"E 2313.63' ; thence N90°00'00"W
203.18' ; thence SO0°17'53"E 335.84' to the South line said SE 1/3 Section
34; thence N90°00'00"W 480.44' along the South line of said SE 1/4 Section
34 to the true point of beginning. Said parcel contains 40.000 acres more
or less, also
A tract of land located in the Southeast Quarter Section 34, Township 9
North, Range 66 West, of the 6th Principle meridian being more particularly
described as follows:
Considering the South line of said Southeast Quarter Section 34 as bearing
N 90° 00'00"E and with all other bearings being relative thereto.
Beginning at the Southwest corner of said Southeast Quarter Section 34;
thence N 90°00'00" E 480.44 feet along the said south line of said Southeast
Quarter Section 34; thence N 00° 17'53" W 335.84 feet; thence N 90°00'00"
E 203. 18 feet to the True Point of Beginning; thence N 90°00'00" E 747.00
feet; thence N 00 00'00" E 2315.50 feet to the North line said Southeast
Quarter Section 34; thence S 89 51'23" W 759.02 feet along said North line
Southeast quarter Section 34; thence S 00 17'52" E 2313.63 feet to the
True Point of Beginning. Said tract contains 40.011 acres more or less.
931024
B 1380 REC 02330861 04/28/93 16 :17 $15 .00 1/003
F 2049 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AR233D861
GENERAL AND DURABLE POWER OF ATTORNEY
I, William P. Lemonds, Social Security Number 522-05-4022 , of
Nunn, Colorado, as Principal, appoint my wife, Esther Lemonds, of
Nunn, Colorado, my lawful Agent and Attorney, with full power to
act for me, in my name, as follows:
1. General Grant of Power and Authority. I grant to my said
Agent full power and authority to act on my behalf in all
conceivable matters, including, without limitation, the following:
a. Banking. Deposit with and withdraw and receive from
any person or entity (including, but not limited to, banks, trust
companies, mortgage companies, credit unions, savings and loan
associations, and industrial banks) any documents or assets which
I now or hereafter may have or be entitled to.
b. Safe Deposit Box. Enter and re-enter any safe
deposit box or vault and to deposit therein or withdraw therefrom
any and all contents.
c. Property. Purchase, sell, exchange, convey,
transfer, lease, encumber, manage, repair, invest in, and otherwise
deal with any real and personal property, tangible or intangible.
d. Documents. Make, endorse, accept, receive, sign,
execute, acknowledge, and deliver deeds with or without warranties,
deeds of trust, mortgages, leases, assignments, agreements,
certificates, checks, notes, bonds, vouchers, receipts, stock
certificates, stock powers, proxies, minutes, tax returns, titles,
certificates of title, and any other instruments in writing of
whatever kind.
e. Taxes. Receive and inspect any and all confidential
tax information, to perform those acts that I can perform with
respect to any type of tax matter including the authority to sign
any agreements, consents, or other documents and to receive refund
checks and to sign returns. This authority includes authorization
to act in my behalf with any taxing authority whether it be
federal, state, or local.
f. Gifts. Make annual gifts to my spouse and/or lineal
descendants within the federal gift tax annual exclusion, or in
greater amounts if reasonably necessary to effect estate planning
objectives.
g. Fiduciaries Powers Act. Have the powers conferred
upon fiduciaries by the Colorado Fiduciaries ' Power Act (as
amended) as it exists at the time of the execution of this Power of
Attorney.
931024
B 1380 REC 02330861 04/28/93 16 : 17 $15 .00 2/003
F 2050 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
h. Substitutes. Have the power to appoint substitute
attorneys-in-fact and make such appointments in writing.
2 . Disability. This Power of Attorney shall not be affected
by my disability.
3 . Interpretation. This shall be construed and interpreted
as a general power of attorney. The specific enumeration of powers
herein is not intended to, nor does it, limit or restrict the
general powers granted.
4 . Third Party Reliance. Third parties may rely upon the
representations of my Agent as to all matters relating to any power
granted herein. Any person who acts in reliance upon the
representations of my Agent or the authority granted to her
pursuant to this power shall not incur any liability to me as the
result of permitting my Agent to exercise any power.
•
EXECUTED and delivered this day of //4/37a,
1993 .
)aeta nn r
William P. Lemonds, Principal
?>!rv ^3,ms's;:
Esther Lemonds, Agent and Attorney
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was subscribed, sworn to, and
acknowledged before me this , :3 day of lipaF° , 1993 , by
William P. Lemonds, Principal.
WITNESS my hand and official seal.
My Commission Expires:_ 4h iI,KIg/
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'Q? Ire., ...... • A / L/7 ) 777 C
Qf�\VARy '. l Notary Public
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974024
B 1380 REC 02330861 04/28/93 16 :17 $15 .00 3/003
F 2051 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was subscribed, sworn to, and
acknowledged before me this (-- ?,3 day of (2/02,1,e , 1993 , by
Esther Lemonds, Agent and Attorney.
WITNESS my hand and official seal.
My Commission Expires: E47 //, J ,
•
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Yl4-*, ) Nota' r, Public
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931024
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