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HomeMy WebLinkAbout951106.tiffAN244j:. Env #3942 2443349 11-1497 P-739 06/1,, S 04:43P PG 1 OF I Weld County CO Clerk & Recorder O0DCD0C RECORDED EXEMPT/ON NO. 1051-06 - I -'RE 1733 7111 ear. c&ec. 6, Tdnf., e.6870,,314" Alum Cap L.S. 22cA8 ±7, 441 Arne de ° Wed 0ounfi1 41# 50 (oo•eo43) (3- 05° 89° 58' .21 6 z6k' 58 Common koess %r Lot Al-'$ 69!0.81' Bust' M0.49 JD. ealo. ;Cent ticcee.Le IL0884i5n n'Iap I" s- 2000' dot 118 Ae. Lo,' A R.E. 708 cs'e9 se'2r a 500.49 LS 46'02'2,6 553.6' ($00'01'39'1O 246.66' Lo+ A 9.8857 Re. .S.39°0-7'53 "E. 4673.51' .3J' eO.W. 9'ea/e: ("raw' 0'. 150' ace 450' too' AL eoriSet.le, 7:44.,) QG3eO.)d"Ai-" A/uln.Cap L5. 22098 • Olonuw,e t4S As ttbe,seribed emokame'tis C5GJ do. 4 7&bo.r 0/Csp As 9742 asls LYC cSeartnjS : Assume -the i$r# fi�1ne J0r -F/u .0,B//l oFcSeo./a,TTAf.1 T/0.3Gti., -1D (vnr C5'69°58'2("2 aS f'Nonamen4ed AE eor: cdee. 6, T -/AS., R. Lv.,374 • Als.st. Cop L.s. zzo96 NOTE : On/y LM A 40,25 CS'arveyed. JUNE 3, 1995 OWNERS: THEODORE A. BUDERUS S DANIEL J. BUDERUS AND C.W. McCAULEY & JUANTTA L. McCAULEY 2706 DAFFODIL PLACE LOVELAND, CO 80537 LEGAL DESCRIPTION LOT B OF AMENDED RECORDED EXEMPTION ND. 1051 -06 -1 -RE -708 AS RECORDED IN BOOK , RECEPTION N0. , WELD COUNTY RECORDS AND LOCATED IN THE EAST HALF OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6th P.M., WELD COUNTY, COLORADO. OWNERS' CERTIFICATE WE, THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO H EREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I UNDERSTAND THIS PROPERTY IS LOCATED IN THE "A" AGRICULTURAL ZONE DISTRICT AND IS ALSO INTENDED TO PROVIDE AREA FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY USES, AND USES BY SPECIAL REVIEW, AND DO HEREBY DEDICATE, FOR THE BENEFIT OF THE PROPERTY SHOWN OR DESCRIBED HEREON, EASEMENTS TOR THE PURPOSES SHOWN OR DESCRIBED HEREON. wry/u ✓ T EODORE A. BUDERU Cwm C .W. MCCAULeY (\/, STATE OF COLORADO )ss COUNTY OF WELD ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE lIE THIS 771 DAY OF ..„LayLr; , 1995. WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES:'-cs4.0JLpy ,c / 915 . T5 Au1 C CO. NOTARY PUBLIC /23/ -f Selicf SURVEY R'S CERTIFICATE I, ROBERT A. SHORT, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT IIHIS RECORDED EXEMPTION PLAT WAS PREPARED UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF THE STATE OF COLORADO, STATE Bt' • va TRATION FOR LAND SURVEYORS, AND WELD COUNTY, RJP4 DANIEL J. UDERUS L. HCC ROBERT A. SH' '� REG '" j�D L' t SURVEYOR, COLORADO REG DATE: lv-7 95 BOARD OF COUNTY COMMISSIONERS' CERTIFICATE THIS PLAT IS ACCEPT D AND APPROVED FOR FILING. CNAIRMAII OF DOA ATTEST: _ BY: f'P/!n.-t--�-L-� DATE: L _„^,o -9"4 -- CO NTY COMMISSIONERS f NOTE` AT THE REQUEST OF OUR.CL/ENT RECORDED EASEMENTS AND RIGHTS -OF -WAY NAVE NOT BEEN RE- ' SE4RCED BY US OR SHORN ON THIS PLAT. THE EASEMENTS AND RIGHTS -OF -WAY WHICH MAY BE SHOWN HEREON MAY NOT BE COMPLETE, ARE BASED ON C£HERAL INFORMATION, AND ARE TO BE USED ONLY IN TN/S CONTEXT. Abl/cE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ALT/ON BASED UPON ANY DEFECT /N THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM TN£ DATE OF tHE CERTIFICATION SHOWN HEREON. McRAE a SHORT, INC'. /23/ 8TH AVE. GREELEY, COLD 8063/ SCALE, /"5 I DWN iC% I Oro I oATE1(LaAe Z/995 Imes PROJ NO I:soil- 8 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1733 - BUDERUS/MCCAULEY 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 #1733, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #1733 was submitted by Theodore and Daniel Buderus and C. W. and Juanita McCauley, 26246 Weld County Road 45, Greeley, Colorado 80631, for property which is known as Lot B of Amended Recorded Exemption #708, which is located in part of the NE% of Section 6, Township 4 North, Range 63 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 150 acres and 8.5 acres. 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 Recorded Exemption #1733 submitted by Theodore and Daniel Buderus and C. W. and Juanita McCauley be, and hereby is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home septic system. It shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. 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 11.7 of the Weld County Subdivision Ordinance. 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. 951106 RE1733 P PL. iZialegp5, tiohracenn RE: RE #1733 - BUDERUS/MCCAULEY PAGE 2 3. There shall be no new access allowed to either Lot A or Lot B. Prior to recording the plat, the applicant shall show on the plat a common access easement located on Lot B between Lot A and Lot A of Recorded Exemption RE #708, which shall provide access to both Lots A and B. Said easement shall be dedicated on the plat for the use shown using the language set forth in Section 11.7.12.5 of the Weld County Subdivision Ordinance. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, BOLO ADO ATTEST: Weld Co BY. Deputy Clerk to the Board APP' • m AS TO FOR Attorney Constance L. Har ert 2 GeorgIE. Baxter W. H. Webster 951106 RE1733 Wi�Yc COLORADO May 28, 1995 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303)351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: RE -1733, Lot B of AmRE-708 being in the NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, Colorado Dear Commissioners: This request for a recorded exemption in the A (Agricultural) Zone District is submitted by Theodore and Daniel Buderus and C.W. and Juanita McCauley. The parcel of land under consideration is described as Lot B of RE -708, being in the NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, Colorado. The property is located south of and adjacent to Weld County Road 50 and west of and adjacent to Weld County Road 63. This request is to further subdivide Lot B of RE -708, into two parcels of 150 acres and 8.5 acres more or less. The applicants are separating 8 acres in the northeast corner, which was created by a center pivot sprinkler system, for a rural residence and hobby farm. The remaining 150 acres will continued to be farmed. The parcel under consideration was created in 1984 by Recorded Exemption 708, therefore this proposal is the further subdivision of the property utilizing the recorded exemption process. Access to the property is existing from Weld County Road 50. Central Weld Water District is proposed as the water source, and septic systems are proposed for sewage disposal on both lots. The Department of Planning Services' staff has concerns that the proposed division is inconsistent with the Agricultural Goals and Policies as stated in the Weld County Comprehensive Plan. This request, if approved, would allow for a residence on both proposed lots thus reducing agricultural farm ground making farming practices difficult on Service, Teamwork, Integrity, Quality 951106 RE -1733, Buderus/McCau1— Page 2 both parcels as well as introducing the possibility for additional residences into this area which causes conflict between urban and rural uses. There are six existing residences within this one mile section. The addition of two residences will add to conflicts between urban and rural disparity. The Department of Planning Services' staff has concerns that the proposed division will promote urban uses in a rural environment which leads to sprawl row type development. Staff is also concerned with the level of development in the area and reduction of farm ground. The Department of Planning Services' staff requests that the Board of County Commissioners consider this proposal and determine if the standards of Sections 11.5.1 through 11.5.7 of the Weld County Subdivision Ordinance have been me. Respectfully submitted, k 1 A 1t r,s----Th Shani L. Eastin Current Planner Service, Teamwork, Integrity, Quality 951106 CONDITIONS OF APPROVAL RE -1733 BUDERUS/MCCAULEY 1. A Weld County Septic Permit is required for any proposed home septic. It shall be installed according to the Weld County Indivisual Sewage Disposal Regulations. 2. The applicant shall submit a mylar plat to the department of Planning Sercvices 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 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days fromthe date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 9511Q6 ' 3. There shall be no new access allowed to either Lot A or Lot B. Prior to recording the plat, the applicant shall show on the plat a common access easement located on Lot B between Lot A and Lot A of Recorded Exemption RE - 708, which shall provide access to both Lots A and B. Said easement shall be dedicated on the plat for the use shown using the language set forth in Section 11.7.12.5 of the Weld County Subdivision Ordinance. 9511% W1�Yc COLORADO May 23, 1995 Theodore and Daniel Buderus CW and Juanita McCauley 26246 WCR 45 Greeley, CO 80631 Subject: RE -1733 and AmRE-708 Dear Applicants: DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.'17TH AVENUE GREELEY, COLORADO 80631 I have scheduled a meeting with the Board of County Commissioners on Wednesday, May 31, 1995 at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, CI k()LLU Shani L. Eastin Current Planner pc: Bruce Johnson Service, Teamwork, Integrity, Quality 951196 April 18, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Theodore and Daniel Buderus CW and Juanita McCauley 26246 WCR 45 Greeley, CO 80631 Subject: RE -1733 Dear Applicants: Your recorded exemption application and related materials are being processed at the present time. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, 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. If you have any questions concerning this matter, please call me. Sincerely, Shani L. Eastin Current Planner SERVICE, TEAMWORK, INTEGRITY, QUALITY FIELD CHECK FILING NUMBER: RE -1733 DATE OF INSPECTION: April25, 1995 APPLICANTS NAME: Buderus/McCauley REQUEST: Recorded Exemption LEGAL DESCRIPTION: Lot B of AmRE-708 being in the NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to WCR 50 and west of and adjacent to WCR 63 LAND USE: N Residence, Agricultural Production E Residence, Agricultural Production S Agricultural Production W Residence, Agricultural Production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Six residence currently exist along WCR 50. Proposed Lot A is vacant farm ground. Center pivot spriklers are present on both quarter sections. Shani L. Eastin Current Planner 951106 ADM!NISTRA T tVE REVIEW FLOW SHEET CASE =' ("7 33 APPLICANT: ihtcx_lore) ` cu -lie I I3ucievuc' o u and Jaw -AI fa- PY*e CauleLt REQUEST: )rr\erl aemp-l-i on LEGAL pc LOCATION:E;0Lclh and ads. De& c -)c cud adj. IC, L Q lo3 Date ay ; ; L.c, 3 Application received Application complete Letter to. applicant drafted Ref errata listed File assembled Letter to applicant mciied Vicinity map prepared Referrals mailed Cnaindexed Field check by DPS staff Administrative Review decision: WPC -AS c7 2 History card completed COMMISSIONER'S HEARING DATE: Air photo and maps prepared CC Ac.ion: CC Resolution received History card completed Recorded on maps and filed QyQ (i1`_2 LA -1k --1--q 5 SLIT 1-4 I I S S,A,C 4-1F-115 1 u,2 7. l5 I 1,)5 L4 I +18-95 toS d-ririS Aim 1 C ur • 5- a:)v._(7,� 5 ,.),_k Date By APPLICATION FOR RECORDED EXEMPTION Department of Planning Services, 1400 N. 17th Avenue. Greeley. Colorado 80631 Phone (970) 353-6100. Ext. 3540. Fax# (970) 353-6312 FOR PLANNING DEPARTMENT USE ONLY: APPLICATION FEE c1 IL) CASE NUMBER L ' 1-i ZONING DISTRICT pan 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. Lot B of r+�.'%--,b LEGAL DESCRIPTION: the NE 1/4 of Section 6, Township 4 North, Range 63 West of the 6th p.m. Weld County, Colorado TOTAL ACREAGE: 158 acres more or less Has this property been divided from or had divided from it any other property since August 30. 1972? Yes X No October 1986 and simultaneously submitted Amended Recorded Exemption Is this parcel of land under consideration the total contiguous land owned by the applicant? RECORDING FEE RECEIPT NUMBER APPLICATION CHEC q7O sk1_, Yes No X FEE OWNERS OF PROPERTY. Theodore & Daniel Buderus, Name: C.W. and Juanita McCauley Home Phone# (97O) 339-3248 Address: 26246 WCR 45 Work Phone # City/State/Zip Code Greeley, CO 8O631 Name: Address: City/State/Zip Code Home Phone # Work Phone # Proposed CWCWD and Water Source: Larger Parcel Proposed CWCWD Smaller Parcel 7/1O6th irrigation well Type of Sewer: Larger Parcel Proposed ISDS Smaller Parcel Proposed ISDS Proposed Use: Larger Parcel Farmland Smaller Parcel Rural Residence & Farmland Acreage: Larger Parcel 15O Smaller Parcel 8.5 ± Existing Dwellings: (Yes or No) No (Yes or No) No I hereby state that all statements, proposals, or plans submitted with thi . pp . y6n are true and correct to the best of my knowledge. I n. re: Owner or Authorized Agent A. BRUCE JOHNSON 951106 a.bruce JOHNSON & ASSOCIATES LAND RESOURCE SPECIALISTS April 12, 1995 Department of Planning Services 14OO N. 17th Avenue Greeley, CO 8O631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: 801 8th Street — Suite 220 Greeley, Colorado 80631 (303) 356-6110 A. Bruce Johnson 801 8th Street, Suite 220-I Greeley, CO 8O631 Telephone: (970) 356-6110 Who is our agent in this matter. If you need any further information, he will try to accommodate your reasonable requests. 1. Attached is a complete application (plus five copies) for a Recorded Exemption on property currently owned by Theodore A. Buderus, Daniel J. Buderus, C.W. McCauley and Juanita L. McCauley who are the applicants in this matter. Subject land shall be the NE1/4 Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. More specifically Lot B of Amended Recorded Exemption Number 1051 -06 -1 -RE 708 simultaneously submitted. Included in the application package are the following: a. A Recorded Exemption Application form; b. A copy of applicant's deed is attached to the Certificate of Conveyance from United Title Company; c. Letter from Central Weld County Water District indicating availability of water service; d. Included is the completed Recorded Exemption Questionnaire; e. A map drawn to scale on an 8 1/2 x 11 inch paper as required by the Recorded Exemption Procedural Guide. f. Simultaneously submitted Amended Recorded Exemption. Colorado -Nebraska -Wyoming • Farm & Ranch • Water Appraisals • Sales • Exchanges • Minerals • Consulting Department of Planning Services Page Two April 12, 1995 2. As mentioned above, United Title Company's Certificate of Conveyance form and related deeds are included in this application. 3. Enclosed is a check in the amount of $990 payable to the Department of Planning Services for the required non-refundable application fee. The recording fee will be submitted after approval with the Recorded Exemption Plat. Said plat shall be prepared according to Section 11-7 of the Subdivision Ordinance. 4. It appears to us that this application would not be necessary if the Amended Recorded Exemption process would not include the 8.5 acre partial in either Lot A or Lot B. We are therefore confused as to what Lot name or number should beused to describe this requested 8.5 acre partial. Any and all advise or suggestions would be appreciated. Thank you for your assistance in this matter. Sincerely, hheod re A. euderus� Daniel J. Buderus Attachments Application United Title Company Certificate of Conveyance and Deed Central Weld Water District Letter Recorded Exemption Questionnaire Map Check for Application Fee RECORDED EXEMPTION QUESTIONNAIRE 1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used. The reason for the proposed recorded exemption is to sell the corner created by the center pivot sprinkler which is owned by the applicants. This corner shall be in the NE corner of Section 6, Township 4 North, Range 63 West. This created corner is best suited as a rural residence and hobby farm. The remainder of the applicants' land shall be used as farmland irrigated by the existing center pivot. The split and resulting sale will provide funds for the Buderuses to reduce debt. This process will increase the efficiency of the Buderuses' farming operation by elimination of the irregularly shaped 7 acre field. They will not have the difficulty of using their large equipment on this small field. 2. Describe the location, size and present use of the area where each proposed lot will be created. Proposed Lot A of this application is approximately 1/2 mile west of the intersection of WCR 50 and US Highway 34 and adjacent to WCR 50 and WCR 63. It will be approximately 900 feet south and 750 feet west from the intersection of WCR 63 and WCR 50 in a triangle shape with the hypotenuse being a line between the above two points. The lot shall be approximately 8.5 + acres. This land has been used as waste and irrigated farmland from its own source of irrigation water. Proposed Lot B of this application shall be the remainder of the NE 1/4 of Section 6 and shall consist of 150 + acres. It has been used as irrigated farmland, waste, irrigation ditches and roads. 3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. The proposal is consistent with the Weld County Comprehensive Plan which allows for Recorded Exemptions via the Subdivision Ordinance 173 and as amended in Ordinance 173-A effective August 10, 1993. The original Recorded Exemption occurred October 1986 nearly nine years ago. (Much past the five year requirement) The land is allowed to be split to create a lot for a single-family residential building site. Section 11.2 explains the exemptions; this application is in compliance with Section 11.8. Subject land does not lie within three miles of any town. Lot A 951196 will become a rural residence on the waste land and the remainder will remain irrigated farmland and is larger than 1 acre. Lot B will remain irrigated farmland (agriculture) which is consistent with the Comprehensive Plan Exemptions as described in Section 11.2, 11.2.1, 11.8 in its entirety. There is not an applicable adopted municipal plan which pertains to subject lands, and subject land is not within any city or town limits. Lot A's irrigation water will be from 7/106ths interest in the irrigation well adjacent to Lot A on Lot B. This is the same percentage ownership as has always been used to irrigate the field on Lot A and the farmland north across WCR 50. Lot B is irrigated from the Latham Ditch on the south end of Lot B. 4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. The neighborhood is primarily irrigated farmland with farmsteads. The property to the north is an irrigated farm with a residence. The land to the east is irrigated farmland, ranchland and residence; to the south is irrigated farmland and residences; and to the west is irrigated farmland and a residence. 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. Proposed Lot A and Lot B are in the agricultural district which allows lot sizes greater than one (1) acre and this application complies. Historic and proposed uses are the same (agriculture). A zoning change is not applicable nor desirable at this time. There is other agricultural -zoned land between subject land and the Town of Kersey eight miles to the northwest. 6. Explain how the proposal is consistent with efficient and orderly development. The proposed Recorded Exemption is part of an approved Recorded Exemption Number 1051 -06 -1 -RE 708 approved October 2, 1986 and recorded October 2, 1986 in Book 1130 at Reception No. 2071808. This request is the Lot B of the simultaneously submitted Amended Recorded Exemption to reduce Lot B from 358 acres to the NE 1/4 (less old Lot A). The proposed is not part of an approved subdivision, or recorded subdivision plat, or unincorporated community, and does not evade the requirements and statement of purposes as set forth in Section 1.3 of the Weld County subdivision Ordinance. 951196 7. Explain how adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County will be accomplished. The domestic water supply for proposed Lot A and Lot B will be Central Weld County Water District water (see letter included in this application package). Its quality, quantity and dependability is proven. A domestic well for Lot B is also an option since it is greater than 35 acres. Neither water source is desired at this time. Lot A and Lot B shall comply with the Weld County Health Department Individual Sewage Disposal System (ISDS) permit requirements. A 30 -foot access and easement will be the same as historically used along the east and west sides of the subject property (Lot A -see Plot Plan Map). The irrigation water historically used on Lot A and Lot B will remain with the respective lots. This proposed Recorded Exemption application complies with the Weld County Zoning Ordinances Section 50 Overlay District Regulations. It is not in the airport location, approach, transitional, horizontal or conical zones. Geologic hazard layers do not appear present nor in an overlay. Neither Lot A nor Lot B are in a flood plain. Sufficient drainage is available to handle irrigation and rainwater through normal ditches and percolation present on the subject property. No Planned Unit Development District exists for subject property. Existing rights of way are present for existing county roads servicing said properties. If wider reservations are reserved, they will be noted on the mylar plot which will be recorded. Utility rights of ways are also present along subject property for electricity, water and telephone. The economic welfare of the community will be enhanced by owner -occupied buildings to be constructed, through more tax revenue, and better farming practices allowed by a hobby farmer handling the small field, which is not economically feasible with the modern large equipment of the Buderus brothers. 951106 WEL OUNTYROAD ACCESS INFOIt\tA. N SHEET Weld County Public Works Department 933 North I lth Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 Applicant Name Theodore & Daniel Buderus Phone Address 26246 WCR 45 City Greeley State CO Zip 50631 Date: April 11, 1995 Address or location of access WCR 50 and WCR 63 (970) 339-3248 Section 6 Township 6 North Subdivision Block \Veld County Road T 50 on NortiSide of Road 63 on Distance from & number of intersecting road Lot _ East Ranee 63 West NSEorW 3. Is there an existing access to the property'? Yes X No # of accesses 3 on WCR 50 & numerous on private road WCR 63 ♦*****•tt***** *****#}Ei*«YY m,,,,,,s., ,,.*******fit#ttrt#l**,,**#k,,,M,c****.**.m.**--, 4. Site Sketch o1 ., 3 Weld County Road (WCR) 50 reserved WCR 63 privately maintained and no through traffic * *************-*****.*•**** SS*****.ca* t••* S i# zS t a i t Y z S*S**Sa;ix OFFICE USE ONLY Road ADT Date Accidents Road Date ADT Date Accidents Date 5. Proposed use: D- Permanent D - Residential/Agricultural O Industrial O Temporary O Commercial O Subdivision ❑ Other •****************S*******•*****•S*********••hilt*********S*********•S***ti.t**** Drainage Requirement Culvert Size Length Other Comments ❑ Installation authorized Special Conditions O Information Insufficient Reviewed by: Title: 951106 VV Ck_ 74_ aM 1 Y1 ' �2±w Nsoc 4, o yr 1 R (� Ohs" Ale efi -4-y c_AV vt e v.5 %d ac, ctieV tf s u) Alee tekfr Yt5.:: yyif1l 9511% REFERRAL LIST NAME: Buderus and McCauley CASE NUMBER: RE -1733 REFERRALS SENT: April 18, 1995 REFERRALS TO BE RECEIVED BY: May 2, 1995 COUNTY Attorney _X _Health Department Extension Service _Emergency Management Office _X _Sheriffs Office Public Works Housing Authority Airport Authority Building Inspection STATE Division of Water Resources Geological Survey Department of Health Department of Transportation Historical Society Water Conservation Board Oil and Gas Conservation Commission FIRE DISTRICTS Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 La Salle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 Raymer F-2 Southeast Weld F -I6 Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 OTHER Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. TOWNS and CI11ES Ault Brighton Broomfield Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown Keeneshurg Kersey La Salle Lochbuie Longmont Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor COUNTIES Adams Boulder Larimer FEDERAL GOVERNMENT AGENCIES US Army Corps of Engineers USDA -APHIS Veterinary Service Federal Aviation Administration Federal Communication Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins Greeley Longmont West Adams COMMISSION/BOARD MEMBER Atr. WE�Yc COLOAAOO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 DATE: April 18, 1995 CASE NUMBER: RE -1733 TO WHOM IT MAY CONCERN: Enclosed is an application from Theodore and Daniel Buderus and CW and Juanita McCauley for a Recorded Exemption. The parcel of land is described as Lot B of RE -708 in the NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 50 and west of and adjacent to Weld County Road 63. The 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 May 2, 1995, so that we may give full consideration to your recommendation. Please call, Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our 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 Please refer to the enclosed letter. Signed: Agency: Date: SERVICE, TEAMWORK, INTEGRITY, QUALITY WE�Pc CpLORADO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 DATE: April 18, 1995 CASE NUMBER: RE -1733 TO WHOM IT MAY CONCERN: Enclosed is an application from Theodore and Daniel Buderus and CW and Juanita McCauley for a Recorded Exemption. The parcel of land is described as Lot B of RE -708 in the NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 50 and west of and adjacent to Weld County Road 63. The 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 May 2, 1995, so that we may give full consideration to your recommendation. Please call, Shani L. Eastin, 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/dots 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. t 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 Signed Date: Please refer to the enclosed letter. Agency: \ SERVICE, TEAMWORK, INTEGRITY, QUALITY v r rnuNTYPLANNING MAY 5 1995 951196 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 5-I- R S 933 North 11th Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 1. Applicant Name EuoERUS 4 MCCAe Phone 170 —??9-3749 Address Z(o 2 44 UJCPL 46 City 6etttE j State Zip 2. Address or location of access _ Section (a Township 4 Range Subdivision Block Lot Weld County Road # 6O Side of Road 'Sr• • Un NZE or W Distance from & number of intersecting road 3. Is there an existing access to the property? Yes_ No # of accesses _ *i*************************************************************** *$****** $$*$*$*** 4. Site Sketch 4c e 5o SEC C. l **i*******iii*i**************t*t****** OFFICE USE ONLY a 1i s s t - Road Jr O ADT H I S Date ° I Accidents Date ye Road 673 ADT qs Date qS Accidents Date Wine 4 - 5. Proposed use: R Permanent tia ResidentiaUAgricultural ❑ Industrial ❑ Temporary O Commercial O Subdivision ❑ Other ******it##iii*##*****ii*i*t****************************i********#******i******#*** Drainage Requirement Culvert Size Length Other Comments ❑ Installation authorized Special Conditions _ ❑ Information Insufficient Reviewed by: Title: 9511x% DATE: April 18, 1995 circi j)Lr F. Ili APR 1 91995' _ 3-, TO WHOM IT MAY CONCERN: DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: RE -1733 Enclosed is an application from Theodore and Daniel Buderus and CW and Juanita McCauley for a Recorded Exemption. The parcel of land is described as Lot B of RE -708 in the NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 50 and west of and adjacent to Weld County Road 63. The application is submitted to you for review and recommendation. Any continents 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 May 2, 1995, so that we may give full consideration to your recommendation. Please call, Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 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. V We have reviewed the request and find no conflicts with our interests A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: Agency: WC [leaf #17) Date: SERVICE, TEAMWORK, INTEGRITY, QUALITY WELD COUNTY PLANNING' APR 2 0 1995 ECEIUE 951106 T 11 V>• 30 5 l 1 —c --.- V GREELEY I JC7 • •7 •.•.,.. j 'v .t£'JALE so.° rr c • 0 /! a . —4 • • 1T • 21 • / v' v Iaula • • ••■ K 21 3 2 •x� IS 22 27 • 33 II 14 23 2• Rn.rvwr • 24 25 3• 2 IS 24 25 Is 30 31 • 7 M h 30 Icy 32 '20 2f 4 32 7 • IT 20 2s 21 33 4 1 a K 21 15 22 b 113 22 27 22 3 M 22 14 23 24 35 2 M 2• a 21 36 II M frit CERTIFICATE OF CONVEYANCES SERVICES STATE OF COLORADO ) COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE or ABSTRACT COMPANY hereby certifies cppt 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: THE EAST 1/2 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. CONVEYANCES (if none appear, so state): Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. 2059253 / 2084158 / 2123324 / 2152993 , Book 1118 , Book 1142 , Book 1178 , Book 1207 , Book , Book , Book , 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 gdWtantee Title, and the liability of UNITED TITLE COMPANY OF GREELEY COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, UNITED TITLE COMPANY OF GREELEY COMPANY has caused this certificate to be signed by its proper officer this LI day of MARCH , A.D., 19 95. at 7:45 A.M. o'clock. UNITED TITLE COMPANY OF GREELEY ,COMPANY fbL j By: i 4 le l AUTHORIZED GNATURE nR20S9253 B 8 RFC 02059253 17/01/86 :59 $6.00 1/002 F vil5 MARY ANN fCO.351P1r1 CLERK & Ra .C};r iR WYt.1 C:'•, 00 SHERIFF'S DEED UNDER FORECLOSURE DECREE WHEREAS, (1) THE FEDERAL LAND BANK OF WICHITA, did in the District Court in and for Weld County, Colorado, recover a judgment against GEORGE LAPP, et.al., for the sum of Five Hundred Fifty -Four Thousand Three Hundred Forty -Nine and 62/100 Dollars, ($554,349.62); and in its Decree dated October 3, 1986, the Court ordered that I sell the property hereinafter described; and the same was sold to THE FEDERAL LAND BANK OF WICHITA, for the amount of Five Hundred Sixty -Five Thousand Four Hundred Five and 33/100 Dollars ($565,405.33). (2) I signed and acknowledged in duplicate a Certificate of Purchase and delivered on to the purchaser and recorded the other in the Clerk and Recorder's office of Weld County, Colorado. (3) The Certificate of Purchase has not been assigned. NOW THEREFORE, I the Sheriff of said Weld County, Colorado, in consideration of the premises, have granted and sold, and do hereby convey to THE FEDERAL LAND BANK OF WICHITA the following real property: The El of Section 6, Township 4 North, Range 63 West of the 6th P.N., Weld County, Colorado. The SW1 of Section 11, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. Except rights of way as granted by instruments recorded in book 646 as Reception No. 1567768, in Book 783 as Reception No. 1704852 and in Book 898 as Reception No. 1820327, Weld County Records. Except right of way and easement as conveyed by Deed recorded in Book 579 as Reception No. 1600607, Weld County Records. Except 99/106 interest in and to all water produced from Well d5 (3316F) as conveyed by Deed recorded in Book 830 as Reception No. 1752066, Weld County Record:;. Except Easement as described in instrument recorded in Book 842 as Reception No. 1764147, Weld County Records. Except the Perpetual Easement as granted by instrument recorded in Book 910 as Reception No. 1832310, Weld County Records. Except reservations as contained in Patent recorded in Book 36, Page 393, Weld County Records. Together with 24.9 shares of the capita] stock of The Farmers Reservoir 6 Irrigation Company, 21 shares of the capital stock of Lower Latham Ditch Company, 21 shares of the capital stock of Lower Latham Extension Ditch. Company, 11 shares of the capital stock of Lower Latham Reservoir Company, 2 shares of the capital stock of Union Reservoir Company, and together with all water rights and all wells and equipment used for irrigation of said land. to hove and to hold the same with all appurtenances thereunto belonging, forever. WITNESS my hand this 061 30 , 198G. . eriff of Weld County, Colorado B 1118 RBC 059253 07/01/86 15759 $6.00 2/002 F 0716 MARY ANN EcURETIZIN 121.':x.''. 5 J2ICOROZP. w'„LD CO. CO STATE OF COLORADO • _—, COUNTY OF ' - ss.: T SURSSRIHED AND.SWORN to before me this. ti day of 19__, by /2 ;#ti) /. rA.J•,(0, )) `,•/7,',/, My Commission Expires: 'ISEAE) , PU 6\-\J PC or r My Commi;;ion Erlrp; May 9, 1989 Notary Public , I Will) COUNTY SHERIFF'S OFFICE P. O. Box 7;0 GREELEY, CO bGGi_ AR2084158 B 1142 FCC 02084158 01/12/87 09:25 $6.00 1/002 F 0591 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO CORRECTED SHERIFF'S DEED UNDER FORECLOSURE DECREE WHEREAS, (L) THE FEDERAL LAND BANK OF WICHITA, of 245 N. Waco, Wichita, Kansas 67201, did in the District Court in and for Weld County, Colorado, recover a judgment against GEORGE LAPP, et.al., for the sum of Five Hundred Fifty -Four Thousand Three Hundred Forty -Nine and 62/100 Dollars ($554,349.62) Dollars; and in its Decree dated October 3, 1986, the Court ordered that I sell the property hereinafter described; and the same was sold to THE FEDERAL LAND BANK OF WICHITA, of 245 N. Waco, Wichita, Kansas 67201. (2) I signed and acknowledged in duplicate a Certificate of Purchase and delivered one to the purchaser and recorded the other in the Clerk and Recorder's office of Weld County, Colorado. (3) The Certificate of Purchase has not been assigned. NOW THEREFORE, I the Sheriff of said Weld County, Colorado, in consideration of the premises, have and do grant and sell, and do hereby convey to THE FEDERAL LAND BANK OF WICHITA, of 245 N. Waco, Wichita, Kasnas 67201 the following real property: The E} of Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado. The SW} of Section 11, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. Except rights of way as granted by instruments recorded in Book 646 as Reception No. 1567768, in Book 783 as Reception No. 1704852 and in Book 898 as Reception No. 1820327, Weld County Records. Except right of way and easement as conveyed by Deed recorded in Book 579 as Reception No. 1600607, Weld County Records. Except 90/106 interest in and to all water produced from Well 115 (3316F) as conveyed by Deed recorded in Book 830 as Reception No. 1752066, Weld County Records. Except Easement as described in instrument recorded in Book 842 as Reception No. 1764147, Weld County aecords. Except the Perpetual Easement as granted by instrument recorded in Book 910 as Reception No. 1832310, Weld County Records. Except reservations as contained in Patent recorded in Book 36, Page 393, Weld County Records. Together with 24.9 shares of the capital stock of The Farmers Reservoir E. Irrigation Company, 2-'i shares of the capital stock of Lower Latham Ditch Company, 2} shares of the capital stock of Lower Latham Extension Ditch Company, 1} shares of the capital stock of lower Latham Reservoir Company, 2 shares of the capital stock of Union Reservoir Company, and together with all water rights and all wells and equ:.pment used for irrigation of said land. to have and to hold the same with all water rights, if eny, and appurtenances thereunto belonging, forever. WITNESS my hand this_ , 19_,/ SHERIFF OF WELD COUNTY C/G&/ BY: / 7 e /1tt,(10i 4/1 nerd ot Deputy , etiff B 1142 1EC. 02084158 01/12/87 09:25 $6.00 2/002 F 0592 MARY ANN FEUERSTEIN CLERK fi RECORDER WELD CO, CO STATE OF COLORADO Ss.: COUNTY OF Wes) of of The foregoing instrument was acknowledged before me this / day JAW , 19 K% , by Mfla,r- A..IAf27/AcC7 , as w -Pat , .5A1-Pti / vJct./) County. Witness my hand and official seal. My Commiss::on Expires: /O -6,_96) ¶\UlAI?y'-. c.00 AR2123324 B 1178 P"^ 02123324 12/03/87 16:24 F -94 f_ ,Y ANN FEUERSTEIN CLERK 6 Ri JRDER WELD CO, CO 9.00 1/003 CORPORATION SPECIAL WARRANTY DEED The Federal Land Bank of Wichita State Documentary Fee Dote $ l THIS INDENTURE, Made this 3rd day of December, 1987, between THE FEDERM. LAND BANK OF WICHITA, Wichita, Kansas, a corporation, party of the first part, and LOUIS W. TURIIAN and SUSAN C. TURMAN, in Joint Tenancy whose address is 30770 Weld County Rd. 50, Kersey, Colorado 80644 parties of the second part. WIT!'.CSSETH: That the said party of the first part, for and in consideration of the sum of $46,250.00 (Fortysix Thousand Twohundred Fifty) DOLLARS, and other valuable consideration to it in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, has i granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said parties of the second part, their heirs, successors and assigns, forever, its title to and interest in the following described real estate situated in the County of Weld and State of Colorado, to -wit: Legal Description is attached as Exhibit "A" and incorporated by reference herein. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations, and any discrepancies an accurate survey would reveal. TO HAVE AND HOLD the same, together with all and singular the title and interest of the party of the first part in and to the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that it will WARRANT AND DEFEND the same unto the parties of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them or either of them. Page 1 of 3 B 1178 REC 02123324 12/03/87 16:24 %9.00 2/003 F 1595 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, The said party of the first part has caused these presents to be signed by its Vice President, and its corporate seal to be affixed hereto, and attested by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. ATTEST: [./✓ .• Assistant Secretary STATE OF COLORADO SS. COUNTY OF WELD t tT The Federal Land Bank of �45•'y; FeOKWichita, �: NO.9 '5 .1 w '4....` � .-. - l' ICFI�`A Vice President ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for said County and State, on this 3 day of Oeeco,bt.. , 1987, personally appeared K.,rt Cc//e_ to me personally known and known to me to be the identical person who subscribed the name of The Federal Land Bank of Wichita, Wichita, Kansas, a corporation, to the foregoing instrument as its Vice President, and he being by me dilly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes set forth and specified therein. Witness my hand and seal the day and year last above written. • •` PU Page 2 of 3 `ell ear /Su Notary Public My Commission Expires: /2-/ -70 III 3 /G'Ave-"}` 6 t. C /iv) b 78 REC 02123324 12/03/87 16:24 ,x'9.00 3/003 F 1596 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the State of Colorado. County of Weld Described as: Lot A of Recorded Exemption No. 1051 -06 -1 -RE 708, recorded October 2, 1986 in Book 1130 as Reception No. 2071808, being a part of the Northeast k of the Northeast h of Section 6, Township 4 North, Range 63 West of the 6th P.M., being more particularly described as follows: BEGINNING at the Northeast Corner (NE Cor) of said Section with the North line of said Section 6 as bearing North 89°58'21" West as determined by a Solar Observation August 11, 1986 with all other bearings contained relative thereto: thence to the thence 500.69 thence thence thence North 89°58'21" West along TRUE POINT OF BEGINNING; continuing North 89°58'21" feet; South 00°01'39" West, South 89°58'21" East, North 00°01'39" East, BEGINNING. said North West 174.00 500.69 174.00 along herein line, 696.81 6 on feet said North line, feet; feet; feet to the TRUE POINT TOGEHER WITH one 5/8" Central Weld Water Tap Page 3 of 3 OF AR2152993 B 12ui . 02152993 08/26/88 16:44 $6.00 1/002 F 0064 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO CORPORATION SPECIAL WARRANTY DEED The Farm Credit Bank of Wichita, F/K/A The Federal Land Bank of Wichita State Date.. umentary Fe THIS INDENTURE, Made this 25th day of August, 1988, between THE FARM CREDIT BANK OF WICHITA, F/K/A THE FEDERAL LAND BANK OF WICHITA, Wichita, Kansa:., a corporation, party of the first part, and C. W. McCAULEY, JUANITA L. McCAULEY, THEODORE A. BUDERUS, and DANIEL J. BUDERUS, as Joint Tenants whose adress is 2706 Daffodil Place, Loveland, CO 80537 parties of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of $192,500.00 (OnehundredNintytwoThousand Fivehundred) DOLLARS, Ind other valuable consideration to it in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said parties of the second part, their heirs, successors and DF assigns, forever, its title to and interest in the following described real estate $19.25 situated in the County of Weld and State of Colorado, to -wit: Lot B of Recorded Exemption No. 1051-06--1-RE 708, recorded October 2, 1986 in Book 1130 as Reception No. 2071808, being the East 1/2 of Section 6, Township 4 North, Range 63 West of the 6th P.M. TOGETHER with 3 Shares cf Lower Latham Ditch Co.; 28 Shares of Lower Latham Extension Ditch Co.; 2 Shares of Lower Latham Reservoir Co.; 2 Shares of Union Reservoir; any and all irrigation wells and well rights including but not limited to 2 irrigation wells plus minimal interest in a 3rd well. SUBJECT TO: Easements, rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations, and any discrepancies an accurate survey would reveal. TO HAVE AND HOLD the same, together with all and singular the title and interest of the party of the first part in and to the tenements, hereditaments and appurtenances [hereunto belonging, or in any wise appertaining, forever. And the said party of the first part hereby covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described premises; and that is will WARRANT AND DEFEND the same unto the parties of the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them or either of them. B 1207 REC 0. 2993 08/26/88 16:44 ,,.00 2/002 F 0065 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO IN WITNESS WHEREOF, The said party of the first part has caused these presents to be signed by its Vice President, and its corporate seal to be affixed hereto, and att,sted by its Secretary, by and with the consent and authority of its Board of Directors, on the date and year first above written. The Federal Land Bank Association of The Ninth District, A Corporation, ;o`tiiirrr'trou as Attorne to Fact for Farm �PpL LANp I� y ` gyp.;......., 494 % oCredit Bank of Wichita, • %.71--t, The Federal Land Bank a c,; 1 r Wichita, A Corporation. SEALr N = ATTEST: Assistant Secretary STATE OF COLORADO COUNTY OF WELD SS. �N •...... "'rrrrrmm�nu�ua�c Vice President ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public in and for said County and State, on this 25th day of August, 1988, personally appeared Kirk Coble to me personally known arid known to me to be the identical person who subscribed the name of The Federal Land Bank Asociation of The Ninth District, A Corporation, as Attorney in Fact for Farm Credit Bank of Wichita, F/K/A The Federal Land Bank of Wichita, A Corporation,, to the foregoing instrument as its Vice President, and he being by me duly sworn did say that he is such officer and that the seal affixed to said instrument is the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by authority of its board of directors, and he acknowledged to me that he executed the same as his free and voluntary act and deed. and as the, free and voluntary act and deed of such corporation, for the uses and purposes set forth and specified therein. Witness my hard and seal the day and year last above written. \\C' Notary Public My Commission Expires: February 26, 1991 CENTRAL WELD COUNTY WATER DISTRICT September 26, 1994 A. Bruce Johnson 801 8th Street, Ste 220 Greeley, CO 80631 RE: Water Service to Buderus Property Dear Mr. Johnson: This letter is in response to your request for the availability of additional water service for the following described property: E 1/2 Section 6, Township 4, North, Range 63, West of the 6th P.M., Weld County, Colorado. Water service is presently available to the above described property by tap number 216 located at Weld County Road 50 between 61 & 63. Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT W. Zad General Manager JWZ/ca 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Mana351106 R•N•.d 1990 COLORADO I. ,SURVEY MONUMENT RECORD REPORT 01 INUMENT ONLY ON THIS FORM REPRODUCTILN OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except). 1. TYPE OF MONUMENT , 0 Section Corner 0 Bench mark (Check one) Quarter Corner ❑ Other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. No evidence of original nenument found during field search. Set 30" of #6 rebar with a 3;" Diem. aluminum cap stamped as indicated to the right at sigle proportinate distance between the NE and SE corners of the section. / 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT. Set PK Nails in power pole and fence corner post as indicated in sketch below with distances as shown. •93 T4A1 7416,3W 5(0 g s5 • charity B. 3;nes As 22018 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. h) a Date of Field Work of in `eere-e iasr set Me/(/al/:n Power Pale Tun .z// /993 5. CERTIFICATION This is to certify that I was in responsible charge of the surveying work described in this record and that to the best of my knowledge the information presented herein is true and co rect Date June 25, 1993 JWPS,Inc Ref. #1993-48A '(Do not fill in) Accepted for Filing State Board of Registration for Professional Engineers and Land Surveyors: rL By DEC : 1993 Date RECEIVED AT OFFICE OF THE COUNTY CLERK; MARY ANN FEUERSTEIN COUNTY wu County GIEnt 5 Hecorder By Date DEC 2 2 1993 Record to be filed by Index Reference Number, numerically, then alphabetically, under appro- priate Township, Range, and Meridian. Signatur Firm Name. Firm Address. Phohe- 6. LOCATION DIAGRAM I". 1 Mile • - Location of Monument SEC. L° ,T_7N R (o.3W a PM COUNTY w[[A INDEX REF NO 5.-X SEC. , T R PM COUNTY INDEX REF. NO. Surveyor's Seal Depommenr of I nt1/,NAr( I uufethron 'a ' Fri .ern narremnv.r/AND sue lx roes emvad. Rewind 1000 COLORADO L SURVEY MONUMENT RECORD REPORT ON NUMENT ONLY ON THIS FORM REPRODUCTIt... OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except)• 1. TYPE OF MONUMENT , II Section Corner ❑ Bench mark (Check one) ❑ Quarter Corner ❑ Other 2. DESCRIPTION OF MONUMENT FOUND AND MONUMENT MARKINGS. No evidence of original nonutnent found during field search. Found #4 rebar with no legible markings from prior monument records. Removed this long existing monument as required and set 30" of #6 rebar with a 3;" Diam. aluminum cap stamped as indicated to the. right in positoin as indicated below. 3, DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT. Set PR Nails in power poles as indiacted in sketch below with distances as shown. Also distance to the SE Cor of Sectin 31-T.5N.-R.63w. as well as a distance to the center of the operating valve on the piping as shown. 4 93 f:,1 R63 g5¢3i 56 U65 T4N CC g 'W chime es B•SNf* LJ 22098 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. } seat $ c 5/ope = 'Yuen b 105 Pet Can Si re.( 31° WCR '5O &ravel) Tha a ' 1. 0 Date of Field Work 6. CERTIFIC U'Nt((..((O•��$it•1u� This is to certify thatiwas in responsible charge of the surveying work described in this reco to the best of my knowledge the information presented herein is true and co r t Set /17 /Vail /n Fader- pole SE Car Sec 3/-73a-X3W Date June 25, 1993 JWPS,Inc. Ref #1993-488 '(Do not fill in) Accepted for Filing State Board of Registration for Professional Engineers and Land Surve ors: By #01.2- 4 Date t 1993 RECEIVED AT OFFICE OF THE COUNTY CLERK; MARY ANN FFIIFRSTFIN COUNTY B Weld County Clerk 8 Recorder By De• 4 11993 Date nEr o -a 1001 Record to be filed by Index Reference Number, numerically, then alphabetically, under appro- priate Township, Range, and Meridian. Signatur Firm Name• Firm Address• Phone 6. LOCATION DIAGRAM 1"= 1 Mile I + % -�- II I • • Location of Monument SEC. ,., T #/1'l R 63W, Ze j PM COUNTY Wel ° INDEX REF NO 5 -2 SEC. , T R P.M. COUNTY INDEX REF NO. • • • Surveyor's Seal R t si Dpuw,n,.f RQnksn Armen PROFESSIONAL ENGINEERS AND PROFESSIONAL LANO SURVEYORS RO1 RD. Hello