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Home My WebLink About952691.tiffDEPARTMENLANNING SERVICES AMENDED RECD EXEMPTION ADMINISTRATIVE REVIEW Applicant: Kenneth D. & Edna L. Lange Case No: AmRE-58 Legal Description: of the 6th P.M., Weld County, Colorado Larger Lot Size: 280 acres Smaller Lot Size: 2 acres Criteria Check List Meets Criteria Yes No 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. APPROVED WITH CONDITIONS The Department of Planning Services has determined through the review that the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 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 (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. Shani L. Eastin, Curr t Planner Date _OL-i%« J L : 7 g i� May 3, 1995 q 50 (pc RE -5% • • Date: 0_} WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970.353-6100, EXT. 35401 FAX: 970.304-6498 20' Receipt No. ) 1 R70 Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB'S 4221 -RE -SUBDIVISIONS 4221 -BOA DP 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560RECORDING FEE 1A'ti 1/2. MISC. MISC. CICASH (CHECK NO. Receipted Byi•`. DL# TOTAL FEE Exp. 1 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (3031 866-3589 MEMORANDUM Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer TO: Michael Campbell FROM: John Gabert-7 0 RECEIPT: 402372 DATE: August 8, 1996 The subject application for a permit to construct a well is being returned for additional information concerning the parcel of land on which the proposed well will be located. In order to properly evaluate the application, this office must have evidence indicating when the subdivision or this particular parcel of land was created. Please provide one of the following: 1) If the subdivision or parcel in question was in existence prior to June 1, 1972, please provide a copy of a deed, surveyor's plat map, tax receipt, or other document to verify this. The document must be dated before June 1, 1972, and must describe the parcel in question. 2) If the subdivision or parcel in question was exempted by the county from their subdivision regulations, please provide all of the following: a) A copy of the county commissioners resolution. b) A copy of a survey plat map showing the original tract and all exempted parcels. c) Information concerning the existence of any wells and their uses on the original tract and on the exempted parcels. d) Copies of documents showing when the original tract was created (this is required only if the original tract was less than 35 acres in size, or if it was involved in a previous exemption). e) Copies of any other agreements concerning this parcel executed with the county. 3) If the subdivision or parcel in question was- created after June 1, 1972 by action other than resolution of the county commissioners, please provide copies of documents to show how it was created. If you have any questions, feel free to contact the information desk at (303) 866-3587. STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 TO: Michael Campbell RECEIPT NO.: 402372 DATE: August 8, 1996 Your application for a permit to construct a well is being returned for the reason(s) listed below. The amendments and/or additional information or documentation requested is required before we can proceed with the evaluation of your application. All amendments made to the application must be typed or printed in BLACK INK. Please initial and date all amendments made then return the application and all attachments to this office. If you have any questions, feel free to contact the information desk of this office at (303) 866-3587. Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer FROM: John Gabert�5-J On your application, you stated the desire to produce from the Laramie -Fox Hill aquifer at a total depth of 900 feet. According to our data, the Laramie -Fox Hills is located in an interval from 950 feet to a total depth of 1,215 feet. The Lower Arapahoe aquifer lies in an interval from 340 feet to a total depth of 580 feet. Please state which interval you intend to produce from, amending Item 7 on the well permit application form if necessary. Please see the attached memorandum for further information concerning your application. DEPT OF HUMAN RESOURCLx:303-289-64 Apr 28 10:04 P. 01 ****VIA FAX TRANSMITTAL**** April 28, 1995 MS. SHAM EASTON CURRENT PLANNER WELD COUNTY PLANNNING DEPT 303-352-6312 SEVEN PAGES TOTAL%VELD COUNTY PLANNING APR �22 8 1995 1p L5 IN 15 I U E fp ONCE AGAIN THANK YOU FOR THE TIME AND HELP IN THE PROCESS OF GETTING AN AMMENDED R.E. PER YOUR REQUEST PLEASE USE THIS MEMO AS VERIFICATION FOR THE ACCESS WE WILL USE TO GET TO THE PROPERTY LOCATED IN THE SOUTHEAST CORNER OF SECTION 21. AT THIS TIME WE HAVE ENTERED INTO AN AGREEMENT FOR AN EASEMENT WITH THE PROPERTY OWNERS OF SECTION 27 TO GAIN ACCESS TO THIS PROPERTY. THE PRESENT FARMER OF THIS PROPERTY HAS REQUESTED THAT IN ORDER TO MINIMIZE DAMAGE TO THE CROP ON THIS LAND THAT WE LOCATE THE EASEMENT AT THE CROP LINE WHICH IS APPROXIMATELY 900' TO THE SOUTH OF THE WELD COUNTY ROAD 6 RIGHT OF WAY. IN A LEI I ER FROM THE COUNTY COMMISSIONERS CONCERNING THE ROAD SIX RIGHT OF WAY IT WAS SUGGESTED WE WORK WITH THE ADJACENT PROPERTY OWNERS FOR THE BEST WAY TO ACCESS THE PROPERTY. WHILE THE LEI I ER IS CLEAR THAT WE HAVE PERMISSION TO OPEN UP AND USE THE ROAD SIX RIGHT OF WAY, WE WILL DO SO ONLY AT THE POINT IN TIME THAT THE EASEMENT BECOMES UNFEASIBLE. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER INFORMATION PLEASE DO NOT HESITAT T4 CONTACT ME. t. ROD SCHMAL S 303-312-8544 WK 303-312-8116 FX 303-637-0103 HM ENCL: COPY OF EASEMENT 04/28/95 10:04 TX/RX N0.0677 P.001 • DEPT OF HUMAN RESOUR x303-289-64 .mss 5 t. rcui t Apr 28aw0. P.02 wrtc u -73 10440 TEMPORARY EASEMENT AGREEMENT This TEMPORARY EASEMENT AGREEMENT is made this day of April, 1995, by and between JAMES E. ROWE, Individually, and on behalf of J.C. DRAKE AND ASSOCIATES, INC., EMPLOYEES TRUST, a trust, hereinafter collectivelyzetcued as "GRANTORS", and RODNEY SCHMALHAUS and SHARON SCHMALHAUS, hereinafter collectively referred to as "GRANTEES": RECITALS THAT the GRANTORS own cachou real property in Sections 27 and 22, Township 1, North, Range 65, all in Weld County. State of Colorado. That the GRANTEES have a connect to purchase certain vacate laid located in Section 21. Township 1, North, Range 65, all in Weld Cott*, Colorado. THAT conthaverry has arisen between the pasties with respect to whether or not a Weld County easement presently exists on the Section line of between Sections 27 and 22, and whether the GRANTEES are entitled to use that easement THAT without resolving that legal question above referenced, the pastes have agreed to a temporary casement for the duration, purpose end location with respect to the GRANTORS' property as hereinafter provided. THAT this Temporary Easement is personal to the GRANTEES and "does not run with the property". NOW THEREFORE, the panties agree one with the other as follows: 1. ALIGNMENT_ WIDTH AND PURPOSE OF EASEMENT The GRANTORS grant a Te nporwy Easement across Section 29 for the sole purpose of allowing the GRANTEES to gain access to their property in Section 21. The exact location of this Temporary Easement will be established by the GRANTORS. The width of the easement shall not weed 30 feet The GRANTORS further appoint JOE AMEN, or his successor, as may be subsequently identified in writing, to establish the specific alignment and location of the easement 04/28/95 10:04 TX/RX NO.0677 P.002 ' DEPT OF HUMAN RESOURC x:303-289-64 Apr 28 95 10:05 P.03 .3173- ltiz-m, 'IG.S t. KUYh cia 654 V 12 H-7! 21 'Yo lbt45 45 2. TERM OP EASEMENT. RIGHT OF RELOCATION AND TERMINATION This easement will continue temporarily subject to relocation by the (GRANTORS to accommodate such needs sad desiressuch as cultivation, arigation, fertilization, and/or development of the subject property, or any other reason. Relocation alkali be implemented upon a two-week notice being first given by the GRANTORS to the GRANTEES. This easement may be terminated by the GRANTORS upon two-week notice being fast given to the GRANTEES, or by decision on the part of Weld County to establish the road on the section line between Section 27 and 22, or otherwise through the GRANTORS' lroPc11y 3. MATNTE$,&NGE. DAMAGES AND LIABILITY The GRANTEES, at their expense, shall promptly after demand from the GRANTOR% repair or cause the repair of any property damage, real or personal. Furthermore. the GRANTEES shall compensate the GRANTORS for any damage to the property. real or personal, resulting from the use of this Temporaty Easement, either by themselves or their inviter The GRANTEES shall also hold the GRANTORS, their assigns, successors, or representatives, harmless from any damages suffered by any third party as the result of the use of this Temporary Easement. 4. ADVIS11v1ENT OF USE The GRANTEES intend to construct, use and occupy certain pinions of Section 21 which is located immediately West of the GRANTORS' property. The parties understand that the GRANTORS' property is carrendy is and has been utilized as apiculture' property. This property is under cultivation presently and will continue to have "biosolid sludge" applied for hrdlization. from time to time. At other times, cattle will be grazing on the subject property, and there may be oil and gas production on the subject property. The GRANTEES understand these fact well in advance of making the decision to construct and occupy a home/dwelling, immediately adjoining the GRANTORS' property. 5. tionsna Any notice or other coon required or permitted under this Agent, me be given orally or in writing. Oral notice or communication will be deemed effective when given, either in person or by telephone, or similar medium, by one party to this Agreement CRINDaratiratrettlIMAIJIMILAIRSOWLICAI 2 04/28/95 10:04 TX/RX NO.0677 P.003 DEPT OF HUMAN RESOUR x303-289-64 ' 5 t, kuat Apr 28 95 10:06 Maw reoa P.04 rr-K Cl '`A lo'vo to the person designated below as authorized to receive oral notice or oommunkation for the other party. A written. confirmation may within three (3) days of any oral notice or communication shall be prirnafacia evidence of the fact that such communication was made, and will be prima facta evidence of the substance of such notice or communicalion as set forth in ow*Enmwdou; unless the fact that such notice or communication was made, or the substance of such notice is contravened, in writing, within seven (7) days of maid receipt of the written confirmation. If to die GRANTORS: JAMES L ROWE 950 South Chary Street Suite 703 Denver, CO 80222 (303) 782-0033 If to the GRANTEES: RODNEY SCHMALHAUS 107 Zente Street Brighton, CO 80601 (303) 637-0103 or (303) 3124544 or such other address or telephone number ac the party may designate in writing. 6. GOVERNING LAW This Agreement will be governed by die laws of the State of Colorado. 7. SEVERARII.ITY If any provision of this Averment is finally held to be invalid or forceable., the remaining provisions of this Agreement will remain in full force and effect. & BINDING EFFECT The Provisions of this Agreement are binding upon the parties and their respective heirs. successors, and assigns. CAVIPIDOCOMMVIONCIIIMAIMNSAIIIIMera 3 04/28/95 10:04 TX/RX NO.0677 P.004 • ' DEPT OF HUMAN RESOURC x303-289-54 WJ�(OC- ICJ C- 1 Apr 28 '95 10:06 w+ rw P.05 inns. CS 7a Suit/ • us WITnESB. WHEREO4, dw parties bavo executed this Agreement as of the date fast written above. uac JAMES E. ROWE, Individually. GRANTOR and LC. DRAKE AND ASSOCIATES, INC., EMPLOYEES TRUST, GRANTOR Br JAMES E. ROWE. desigamtatreprementative RODNE Y SCI3MALIIAUS, GRANTEE SI-LARON SQHMALAAUS, GRANTEE 4 04/28/95 10:04 TX/RX NO.0677 P.005 • DEPT OF HUMAN RES0URCE:303-289-64 Apr 23 10:07 IMP P. 06 ***VIA FAX TRANSMITTAL**** Apri124, 1995 TO: MR. JAMES ROWE 303-782-0636 FR: ROD SCHMALHAUS PH:303-312-8544 FX 303-312-8116 RE: TEMPORARY EASEMENT AGREEMENT FIRST OFF THANK YOU FOR YOUR TIME 1N PUTTING THIS TOGETHER. I REALIZE HOW HARD IT IS TO FIND TIME OUTSIDE OF DAY TO DAY DUTIES. I WOULD LIKE TO CLARIFY SOME POINTS AND HAVE SOME REQUESTS ABOUT THE EASEMENT BEFORE WE GO FORWARD ON IT. 1. PLEASE CLARIFY THE TERM OF THE EASEMENT; IS IT FOR THE DURATION SUBJECT TO TWO WEEKS NOTICE OF CANCELATION- OR IS IT TERMINATED WHEN NOTICE OF RELOCATION IS GIVEN, TO THEN BE NEGOTIATED AGAIN? 2. WOULD LIKE TO CLARIFY PARAGRAPH 3: MAJNTENENCE, DAMAGES AND LIABILITY. AS WE DISCUSSED ON THE PHONE SATURDAY 4-22, THIS SECTION IS NOT SPECIFIC ABOUT THE ROAD I WILL HAVE TO MAKE TO GET ACCESS TO THE PROPERTY. MY SUGGESTION IS TO ADD A CLAUSE OR ADDENDUM TO THE EFFECT "...ANY DAMAGE TO THE PROPERTY OTHER THAN WHAT IS NECCESSARY TO CONSTRUCT AND MAINTAIN A PASSABLE TEMPORARY ROAD." THE INTENT BEING THE ROAD WOULD BE MADE WELL ENOUGH TO BE PASSABLE BUT COULD ALSO BE PUT BACK INTO CROP PRODUCTION IF IT WERE MOVED. THIS WITHOUT ANY LIABILITY FOR DAMAGE TO THE GRANTEES. THE REST OF THE PARAGRAPH TO STILL BE APPLICABLE AND BINDING. 3. I DO NOT FEEL TWO WEEKS NOTICE FOR CANCELLATION OR RELOCATION OF THE EASEMENT TO BE FEASIBLE I PROPOSE WE REVISE THIS TO BE THIRTY DAYS. I WOULD BE AGREEABLE TO LIMITING THE WIDTH OF THE EASEMENT TO SIXTEEN FEET IN EXCHANGE FOR THIS REVISION. I WILL CONTACT YOU THIS AFTERNOON OR TUESDAY TO FURTHER DISCUSS THE ABOVE. AGAIN THANK YOU FOR YOUR "EXTRA" TIME AND I LOOK FORWARD TO PUTTING TIE WHOLE MATTER TO BED A SOON AS POSSIBLE. 04/28/95 10:04 TX/RX NO.0677 P.006 • DEPT OF HUMAN RESOD 303-289-64 mss- �z R Arts E. rawt I Apr 280 10:07 P.07 nrr[ CY OJ SO.SJ • kveolA el, it nee E.tAA-- 8 -:., el 6E+; as. b,slr lov e ecioh .wait Ake- pro+ -we-Mrru+e (Iac,L -- e+-"gai•er -+ID SO -op --- O barAupther-.-+�.....,51.cxt . .k�. .... & c- .. *.._e .A_d-",joct- - AID -- &an -a ?aed 75- tY. 04/28/95 10:04 TX/RX NO.0677 P.007 ■ 4i int 11111De COLORADO April 21, 1995 Mr. Rod Schmalhaus 105 Zante Street Brighton, CO 80601 Mr. Glenn A. Young 1952 WCR 41 Hudson, CO 80642 • OFFICE OF BOARD OF COUNTY COMMISSIONERS RE: Use of WCR 6, Between WCRs 43 and 45 Dear Messrs. Schmalhaus and Young: PHONE (303) 356-4000, EXT. 4200 FAX (303) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 This letter is in response to your letter dated April 17, 1995 which requests from the Board of County Commissioners of Weld County, Colorado, permission to open Weld County Road 6, between WCRs 43 and 45. This roadway is located on the section line between Sections 22 and 27, Township I North, Range 65 West of the 6th P.M. You desire to gain access to property you own in Section 21-1-65 to County -maintained Road 45. WCR 6, between WCRs 43 and 45 was declared to be a public highway upon acceptance of the Road Viewer's Report by the Board of County Commissioners on May 6, 1916. The Road Viewer's Report is rccor:ied in the Cowiiy's "Road Book" at page 381 (known as "Book Nunibcf 883") in the office of the Weld County Clerk and Recorder. As a public highway, any member of the public has the right to use the roadway for travel, even though the roadway may not be physically established. As a practical matter, those persons who use the roadway which is not maintained by the County probably also have a right to perform some construction and/or maintenance work to the roadway in order to make it passable. The Board therefore has no objection to your performing the construction and/or maintenance work on the roadway so that you may travel thereon; however, we request that you coordinate your activities with the adjacent landowners who may be affected by the construction and/or maintenance work so that you may also accommodate their needs for access to their properties. Mr. Rod Schmalhaus Mr. Glenn A. Young Page 2 April21, 1995 Please also be aware of the fact that the public road right-of-way is open to all members of the public. As a result, you do not have the right to place a gate across the roadway or in any other manner obstruct passage by the public. You may, of course, place a fence and/or gate at the entrance onto your property, as long as the fence and/or gate is not located on the public road right-of-way. There are two other points the Board wishes for you to consider. First, if you should desire in the future to ask Weld County to construct, upgrade, pave, and/or maintain the roadway, you will be governed by Section 14.0 of Weld County Ordinance 180. A copy of this section is enclosed. Second, by constructing and maintaining the roadway, you may be subjecting yourselves to personal liability from members of the public for any negligence by you in constructing and/or maintaining the roadway. If you have any questions regarding this letter, please feel free to call Bruce T. Barker, Weld County Attorney, at (970) 356-4000, Extension 4390. Yours truly, OARD OF COUNTY COMMISSIONERS Dale Chairman DKI I/BTB /gb: schmalhaus Enclosure pc Bruce T. Barker Dave Becker • Ace*. COLORADO April 14, 1995 Kenneth and Edna Lange 20033 WCR 6 Hudson, CO 80642 Subject: Am RE -58 Dear Mr. and Mrs. Lange: 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 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Hudson and Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the 's Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Town of Hudson at 536-9311 and Town of Lochbuie at 659- 6273, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Shani L. Eastin Current Planner • at. mEmORAnDUm Wilk. COLORADO Shani L. Eastin To Weld County Planning From Date May 8, 1995 Trevor Jiricek, Supervisor, Environmental Protection Servicle Subject: Case Number: AM RE -58 Name: Lange, Kenneth & Edna PT 52, Section 21, Township 01 North, Range 65 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. TJ/cs-715 WELD COUNTY PLANNING p MAY 1 0 1995 1p WELD COUNTY DSTMENT OF PLANNING SERVICES/BUIG INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 352-6312 U TELEPHONE ❑ OFFICE FIRST INQUIRY? O YES ❑ NO DATE: NAME: I. ADDRESS: TYPE OF INQUIRY: I (i> PHONE: t� ❑ MHZP ZPMH RE AMENDED RE SE AMENDED SE SITE PLAN REVIEW REZONING PUD SKETCH PLAN PUD DISTRICT PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ❑ Dave Sprague ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ ❑ Shani Eastin ❑ Barry Kramer ❑ Ken Schlueter ❑ Gloria Dunn ❑ Jeff Reif ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION ❑ VIOLATION ❑ OTHER ❑ Todd Hodges ❑ Roger Vigil , ' I _ i (t , C r 1 I( I\\eI1(1 %; I1'k•i_ lIir,r� iC\,1/41 \(! \ I F Time Spent Staff Members Initials • mEmORAIMU COLORADO To Shani Eastin Date April 7, 1995 Bruce T. Barker, County Attorney From Status of WCR 6, Between WCRs 41 and 43 Subject: As part of their application for a recorded exemption, Rod and Sharon Schmalhus are seeking to determine if there is a road right-of-way for WCR 6, proceeding westerly from WCR 45 to the southwest corner of Section 21, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. This portion of WCR 6 will proceed along the north line of Section 27-1-65. No roadway physically exists on the site at present. It is my understanding that Mr. and Mrs. Schmalhus desire to build a residence in the SW4 of Section 21-1-65 and intend to use WCR 6 as a driveway to access the residence. Those persons who own the S2 of Section 22-1-65 do not want the roadway to be constructed. Therefore, Mr. and Mrs. Schmalhus desire to find out if there is a public roadway on the section line, being 30' on either side. My research reveals that the roadway was declared a public road by the Board of County Commissioners on April 19, 1916. The Board of County Commissioners made the declaration by accepting the Road Viewer's Report which describes the roadway as running generally from the SE4 of Section 20-1-65 to the southeast corner of Section 23-1-65. A copy of the Road Viewer's Report is attached. Please note that the Road Viewer's Report was properly recorded in one of Weld County's "Road Books" in the office of the Weld County Clerk and Recorder (Book 83, page 381). This fact is important, because the Road Viewer's Report is not considered to be enforceable unless it is properly recorded in the "Road Book." City of Lakewood v. Mavromatis, 817 P.2d 90 (Colo. 1991) I do not believe that this portion of WCR 6 has been abandoned by the County by virtue of the fact that the roadway was never built. Once the roadway is properly established by the County Commissioners via the acceptance of the Road Viewer's Report and recording in the "Road Book," the roadway remains a roadway until and unless it is vacated by resolution pursuant to the statutes which are now found at §§ 43-2-301, et seq, C.R.S. Uhl v. McEndaffer, 123 Colo. 69, 225 P.2d 839 (1950). I find no resolution by the Board of County Commissioners vacating this portion of WCR 6. Upon initial review there is some question regarding the width of the roadway. The Road Viewer's Report makes no mention as to the width as the roadway passes through Sections 22 and 21-1-65. I believe, however, that there is some merit to the argument that the roadway is 60' in width, given that the Road Viewer's Report mentions the "government lands ... granted by US 1889." Weld County's Resolution of October 12, 1889 accepted the grant by the U.S. Government for roadways to be located on section lines over those properties which had not as of that date been taken out of \I APR ' ` 1995 • Shani Eastin Page 2 April 7, 1995 public domain. The Resolution says that the road is to be 60' wide, with 30' on either side of the section line. In conclusion, I believe there is a 60' wide roadway for WCR 6, proceeding west from WCR 45 to the SW4 of 21-1-65, being 30' on either side of the section line between Sections 22-1-65 and 27-1- 65. If you have any questions regarding this Memorandum, please feel free to call me at Extension 4390. BTB/gb:shani Attachment S S n2 Ate itt ke.Rboazieu d /oar cund ref 6--ttcie tom- r,fzc.. am diotti 9/7n n gort 1od-e cdi�/,pA (303 -659'--/s52) -t .edecir wazon -tiLt ad. Mt Atts eitthaCIA 11LL, itn,o174/49z. 7/c„ 3/17 r • Department of Planning Services Weld County Administrative Offices 1400 N. 17th Ave. Greeley, Co. 80631 February 10, 1999 Dear Sir or Madam, Weld County Planning Dept. FEB 2 3 1999 RECEIVED This letter is in response to the letter from your office requesting a mylar plat as part of the Amended Recorded exemption # 1473-21-3-RE58. Mr. Kenneth Lange , the land owner, and myself, Rod Schmalhaus, purchaser of a portion of land from Mr. Lange, will do everything possible to fulfill your request for a mylar plat. As of this date we have left messages for the original surveyor and as soon as we can make contact will request him to supply the plat. If we encounter any difficulty in securing the plat we will inform your office immediately. Please do not hesitate to contact myself, or of course Mr. Lange with any questions in this matter. Sincerely Rod Schmalhaus P.O. Box 76 Hudson, Co. 80642 303-536-4789 hm 303-312-8544 wk 303-312-8116 fx cc Mr. Kenneth & Edna Lange MR. JOHN DRAKE JOHN DRAKE AND ASSOCIATES MR. JAMES ROWE JR. 1134 S. BROADWAY DENVER, CO. 80210 February 6, 1995 THIS LETTER IS FOLLOWUP TO OUR PHONE CONVERSATION OF FEBRARY 6, 1995 CONCERNING YOUR PROPERTY LOCATED IN SECTION 27, WELD COUNTY COLORADO. (N2 SECTION 27, TOWNSHIP 1 NORTH, RANGE 65 WEST) ENCLOSED PLEASE FIND DOCUMENTATION FROM WELD COUNTY DESIGNATING THE NORTH LINE OF SECTION 27 AS A PUBLIC RIGHT OF WAY FOR COUNTY ROAD SIX. INCLUDED IS THE ROAD VIEWERS REPORT DEFINING THE LOCATION OF THE RIGHT OF WAY IN MORE DETAIL AND THE COUNTY CLERK AND RECORDER FILE OF THE HISTORY FOR ROAD 6 THAT SHOWS THAT ON MAY 5, 1916 THE ROAD VIEWERS REPORT WAS APPROVED AND ROAD 6 WAS DELCARED A PUBLIC HIGHWAY. THE HISTORY ALSO SHOWS THAT ON MARCH 10, 1975 PERMISSION WAS GRANTED BY THE COUNTY COMMISSIONER TO OPEN ROAD SIX AS A PRIVATE ROAD BETWEEN ROAD 45 AND ROAD 43. THE LETTER FROM THE COMMISSIONER IS ALSO ENCLOSED. FURTHER, A COPY OF A RECENT TITLE SEARCH IS INCLUDED WHERE NOTATION IS MADE THAT ALL SECTION AND TOWNSHIP LINES HAVE A 30 FOOT RIGHT OF WAY ESTABLISHED FOR COUNTY ROADS. SIRS, OUR INTENT AND PURPOSE IS TO GAIN ACCESS TO PROPERTY LOCATED AT THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21 TO BUILD AND ACCESS A HOME. THIS PARCEL OF LAND IS ONLY ACCESSABLE FROM THE EAST ON ROAD SIX BECAUSE OF THE DENVER HUDSON CANAL THAT BORDERS IT ON THE WEST AND SOUTH. WE WILL DO ALL POSSIBLE TO MINIMIZE THE IMPACT OF THE LAND WE CROSS. WE LOOK FORWARD TO YOUR COOPERATION IN THIS MATTER. SINCERELY, RODNEY AND SHARON SCHMALHAUS 105 ZANTE STREET BRIGHTON CO. 80202 303-637-0103 HOME CC: MR. JOE AMEN 303-312-8544 WORK Wine COLORADO January 12, 1999 Kenneth D. And Edna L. Lange 20033 Road 6 Hudson, CO 80642 Dear Mr and Mrs Lange, 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 On April 10, 1995, you applied for amended recorded exemption 58. Amended Recorded Exemption 58 was conditionally approved by planning staff on April 2, 1995. As a criteria of this approval you were given sixty (60) days to record the mylar. To date, we have not been made aware of any attempts to record the mylar. If you are having difficulty in satisfying this condition, or should you wish not to proceed with this amended recorded exemption, then the Department of Planning Services will need to be notified in writing of your decision. We are well aware of the difficulty in meeting conditions associated with land use cases ,and are willing to work with all of our clients. I have included a copy of the staff recommendation for your review, and will be available to answer any questions and concerns you have. If I do not hear from you within 30 days AM RE -58 will become inactive. •%7 G r• �%lG �/�'%60O0 1 Sheri Lockman Planner • AFFLICAN )(Ktf1Yle-t ,RECUEST: "Yle 06.eC ? _A ADM!NIS KA -EVE REVIEW FLOW SHct _ 1 Eel r L 1- 9 e c f'>I'c1 ed E\t Pi11p-hk O Y1 Sal-i-Lr3 CAr 'Y1QE�5S LOCATION: ft . _% 0- i/ H m i )e / m, le, LL)CLSI r,r cL;ce) .-15 Applicction recoived Application complete Letter t^ cpciiccnt crafted Re=errci listed File csscmbled Lotter td applicant mciied Vicinity mop preocrod Rcferrcls mailed Chcindexad Field check by DRS stcff Administrative Review decision - History ccrd completed COMMISSIONER'S HEARING DATE: Air photo cnd mops prepared CC Action: CC Resolution received History card completed Recorded on maps and filed c c-Ntci ILaiwy - 3- (9 59- 119 cao Oil' co( Lc Dote a nc i C Pp1c)k_ Ey -c/— /D -95I LSLec.-- -L/—/O-riS tsL&- /LPa 05 l 1-17-q<5', �� % I4 al -}-9S : �L 5 -q --g6 4. Date Dy 71S=OS • • CASE: Plat Checklist POC Planner Item Comments Check Check Proper size and material • or 18" x 24" / Minimum 3 millimeter polyester sheet Lettering No stick -on lettering / Minimum 8 pt. lettering a Boundaries of Lots Scale Suitable Scal it' or 1 "=100') Accesses indicated Shared Access? If so, is easement Certificate included? `//.1. Roads labeled, including R.O.W 1 Building Envelope(s) lille Vicinity Map Suitable Scale? (Minimum 1" = 2000') North Arrow Legal Description 110.16 Notes from t Stand/ Development Standards Conditions of Approval 7111.4. Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyor's Certificate and Surveyor's Stamp All surveyed plats Note: USR plats do not need to be surveyed I Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) Planning Commission Certificate (USR, COZ, Minor Sub. Final) Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements Please return Paper Plats: the CAD Technician wi (Initials) Date. s of receiving the plat. Surveyor & Date: Applicant & Date: Planner Signature: Date: • • FIELD CHECK FILING NUMBER: AmRE-58 DATE OF INSPECTION: April 24, 1995 APPLICANTS NAME: Kenneth D. & Edna L. Lange REQUEST: Amended Recorded Exemption LEGAL DESCRIPTION: S2 of Section 21, T1 N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 1/4 mile east of WCR 6 and approximately 1 mile west of WCR 45 LAND USE: N Agricultural Production, Residence E Agricultural Production, Pasture S Pasture W Residence, Pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to property does not currently exist. Shani L. Eastin Current Planner • AIVIENDEL APPLICATION FORNRECORDED EXEMPTION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 ' Phone (303) 353-6100, Ext. 3540, Fax# (303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY: APPLICATION FEE CASE NUMBER ZONING DISTRICT RECORDING FEE RECEIPT NUMBER i�,% APPLICATION CHECK BY jl r TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: S. 1/2 SECTION 21, TUvuNSnIE 1, RANGL 65 W. TOTAL ACREAGE: 307.71 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes XX No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes AX No FEE OWNERS OF PROPERTY: Name: KENNETH L. & ELNA L. LANGE Home Phone # 303-659-1196 Address: 20033 ROAD 6, HUDSON, CO Name: Address: Water Source: Larger Parcel WELL Type of Sewer: Larger Parcel SEPTIC Proposed Use: Larger Parcel Acreage: Larger Parcel AGRTCIJLTURE rr,, 7-4y orckaz Existing Dwellings: (Yes or No) YES Work Phone # _ Home Phone # _ Work Phone # _ Smaller Parcel Smaller Parcel WELL SEPTIC Smaller Parcel Smaller Parcel (Yes or No) NO AGRICULTURE sir jcl- acw I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. 9\asaa. ci\c„;\ V4 11 corc!sQoI cLa (gook 54, me, 5 low Cs-ss1,.4, op. ,Ce, Soh 5°3-63 7-Ujo3 le 24- L+.t li. t In Signature: Owner or Authorized Agent i • • RECORDED EXEMPTION QUESTIONAIRE 91 t'',S9 ri�G1 5�� Y er � 5 1. Explain the reason for the proposed yecorded exemption and how each proposed lot will be used. 2. Describe the location, size and present use of the area where each proposed new lot will be created. 3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. 4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. 6. Explain how the proposal is consistent with efficient and orderly development. 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. April 4, 1995 DEAR SIR OR MADAM, THIS LETTER IS A SUPPLEMENT TO THE REQUEST FOR AN AMENDED RECORDED EXEMPTION FOR THE PROPERTY OWNED BY MR. KENNETH LANG DESCRIBED AS THE SOUTH HALF OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 65 WEST. I ROD SCHMALHAUS AND MY WIFE SHARON, HAVE A CONTRACT TO PURCHASE A 15 ACRE PARCEL OF GROUND LOCATED IN THE SOUTHEAST CORNER OF SECTION 21 THAT IS OWNED BY MR. LANG. WE WILL BUILD A HOUSE ON AND USE THE LAND FOR AGRICULTURE - SPECIFICLY 4-H OR FFA ANIMALS FOR THE KIDS. WITH THE AMMENDED RECORDED EXEMPTION THE LANGS SEEK TO REVISE THE RECORDED EXEMPTION OF JUNE 28, 1973 TO APPLY ONLY TO THE PROPERTY IN THE SOUTH ONE HALF OF SECTION 21 THAT LIES WEST OF THE NERES CANAL RIGHT OF WAY. THIS WILL SET APART TWO SEPERATE PARCELS FROM THE EXEMPTION; THE LAND BORDERED ON THE SOUTH AND EAST BY THE SECTION LINES THAT LIES BETWEEN THE NERES CANAL RIGHT OF WAY, THE DENVER HUDSON CANAL RIGHT OF WAY AND ALL THE LAND IN SECTION 21 THAT IS EAST OF THE DENVER HUDSON CANAL. PLEASE REFERENCE THE ATTACHED MAP. INCLUDED ALSO IS THE LEGAL DESCRIPTION FOR THE SOUTHEAST CORNER FROMA RECENT SURVEY. SINCE THE CANALS NOTED ABOVE (AND ON THE MAP) EFFECTIVELY CREATE TWO PARCELS SEPERATE FROM THE REST OF THE SECTION, WE REQUEST THAT THE ORIGINAL RECORDED EXEMPTION BE AMMENDED NOT TO INCLUDE THESE TWO PARCELS. PLEASE NOTE THAT WE WILL ACCESS THE PARCEL IN THE SOUTHEAST CORNER FROM THE WEST OFF COUNTY ROAD 45, VIA THE ROAD 6 RIGHT OF WAY ESTABLISHED IN THE 1916 ROAD VIEWERS REPORT (COPY ATTACHED). ACCESS TO THE OTHER SEPERATE PARCEL , AS WELL AS PROPERTY COVERED UNDER THE AMMENDED RECORDED EXEMPTION IS GAINED VIA COUNTY ROAD 6 THAT EXTENDS TO A BRIDGE THAT CROSSES THE NERES CANAL. WE VIEW THE PURCHASE OF LAND IN THE SOUTHEAST CORNER OF SECTION 21 AS AN OPPORTUNITY TO ADD TO AGRICULTURE IN THE COUNTY BECAUSE THE LIMITED ACCESS TO THIS PARCEL HAS MADE IT PROHIBITIVE TO FARM IT IN YEARS PAST. THANK YOU FOR YOUR TIME AND CONSIDERATION IN THIS MATTER. SINCERELY ROD & SHARON SCHMALHAUS CC: MR. KENNETH AND EDNA LANG • • ZO'd 7d101 7.7FireT x+11' of the South Half of Section 21, Township 1 North„ lig¢MD ---- est, of the 6th P.M., County of Weld, State of Color:1OM south and East of the Denver -Hudson Canal as describe41.1.5aibefal 2.K_".c346, at Page 258, records of said County; said rigb Af- =- '- =s - wing 50.00' in width on each side of the centerline ef`E9 -,,,canal; said parcel being more particularly described as folli-lyn;j;__;. :: pC,9nsidering the South line of the Southeast quarts :u : as Wt :Suction 21. as monumented by a 3/4" X 30" rebar with•a- �.11ip vim rr diatneter aluminum cap, P.L.S. 10855 at the Southeast:Hflie ri-.:-' ' '; 'said. section 21 and at the South Quarter corner of sia2U'SE''t4aaf:= to bear a platted bearing of North 89°17'41"'Eaeetilliteedgi i3'¢Qarings contained herein relative thereto. , �__�fIGINNSNG at the Southeast cvrnar o£ said Section; th•++'eSa1 deL'� _; _sane South line of the Southeast Quarter of said Sect nt' f 7Z' WS89°17'41" West 907.36 feet to a line lying 50.00' Soutjtef :late°-;. 7,= •-Easterly of the centerline of the Denver -Hudson Canal, said =.t.being the southerly and Easterly right of way line of said sank'.-.`-. ==' -'— as described in Book 346, at Page 258 ". r000rds'of saidcounty;, thence along said right of way. line 'the, following':,teelve courses: North 47°14'20". East 182'.08 feet; thence` "North 32°02'06" East 99.62 feet; thence North 02°26'24" Weit, 184.20 feet; thence North 07°09'45" East 106.88 feet; thence North, 42°13'21" East 163.61 feet; thence North 34°26'17" East 154.68 feet; thence North 16°07'05" East 143.40 feet; thence North 08°10'17" East 148.86 feet; thence North 47°22'59" East, 67.64 feet; _thence North 88°12'28" East 90.77 feet; thence South 71°31'32" East 139.37 feet; thence South 54°04'19" East 229.43. feet; thence South 00°06'08" West 890.70 feet more or less to the point of BEGINNING. .. The above described parcel contains a gross acreage of 15.13 acres more or less. 100!,1{ 111i:Ir11i1 I,aHi 01 0n°3A31"?,iT1f.., is'6fPAa ie, $56T,70 ZO'd 9TT8ZTZLOCT pop NTY ROAD 6 Recorded" Book 83 Page 381 y .....nvr.-�...0 .1 ,,,r...;t "v.-! ,., J� tir,'. U, t.4J..L.:J... z.«.c. 1 Respectfully auhnt'it the following' report, to•wit: rifler rescivinle our authority in act, we met at the starting' point of said proposed roast, ou the. f 14.- day of-.Q"t-r-'_I , 19L7..., at the hour of..l.o.a clocts..Q.11%, being -the:time and place specified in our appoint- ment, and proceeded to view the road prayed for in Said petition., as follows: lYe ceiunetceei at the starlit/? point ametcel in said petition, and runt 3e.o-.-w 3.%.v. •`S e....1,ei...-o..t.* Q_c' -n w i ,L..✓`2..-,. 2.3. Si, I YLpttf., t4 2 e...e{'. L's ')l ...1_, i',1.w..t... .J w v :v at % ...as. �1•, s- ,�1 pw�}�e•....s 12 3, :• 2 are, -.1.. 2 i o•......1, i4..v k t't o o 11...2 e ri t4ce! S e-i1J 1:.....' 1.-e-,J-i.e-.t.. o, • I' .....s t.r.,ot..vv�C Ra:.lao .4 . rwef..j U-1 ....).fl ..f. The last named point Lein? the tern:iat� thereof: and the road as above latd out and uieard Lein.?veer the most pros rtlo'ttle route which. we in our judgment can fad- Ire found it necessary to make the fallowing' shapes. in the propvseei Wale ns prayed for, vi:.:1.:JJ...1.!.s- k_ 1 +i..; c1µn�...-:. Y.....:-.. J. � Lat. i. tJ �..-. J.tn:....fJ.:L�.. .,.,.. � �..t.l Uw_uV vL ,„......._01..{ a —."r u,.-... n..::1“.J..1-c r, tit 1J -C• e�i-,. 7iaa y t w�ieLL'-.x Cam/.. t1;.D.t,v'v-�72 t.:.,_,.,...P o.J-J..:S�....�R i.rl�� .... [.I,s.S J_I- P:.v� t.:.l .v..t:... 1 s L....L ..f s.l.� .L�i:_- Ire hate caused to Ldsurveyut unit 4platted, and have herein. embodied a plat of said road set :dewed ley us, and which. fermi a part , .of this report, as shown by the following' nap:. - - - 1 ....v-.l-✓,-.^M`�� blis } ...1- c +.fJ �� 1 s ]w a •1. 2. Ley, a. t..4 cis, e4 -c\, I, :Li. .ROADfVIEWERS' REPORT.. To the Honorable Board of County Commissioners of Weld County. Colorado: - • . . GCNTLCM CN: . Your viewers, appointed on the v.il.ed - day of....Q1. .... . , 1$./.6.. Le viewunty ................. road, prayed for in a certain petition presented to your'honorable body on the above named day and elate, n copy of which has teen received pby us, vie: Commencing' at' ' g �.s. S C Csewwls..ot As:eY'....s- o. D, 'J.l.. i .1. R L s J.t. W a...t rm.. i..F..c A.a•J.1..2.. 1...:..s. q A/.L.T.'..ts. Ja tto 3, z 1 0.- r.d. 2 I a...•..d.. oL ).4,.. • i' o n jo . is o ry A o‘. 10: .. C,.o-tyros mq a..ai,JJL rJ... �.,w..c +.. X'-1 ....n • • �.. ';.• 36 .. We have taken into account all the damage, and' benefits to land owners arising from the laying out of said road, and report, in tabular for , as follows • .. _ DEauuJ719� OP, LAID. _ ..... - .. . .. N i:DG :,� w .. SD. r,. wGl. uu�u. nion mean uaa n.vu� SY1Mm0N. fi.4.e.. t>✓.. -e -V^1 -a. to --.as 1,-aett-tr..i &D..' R,.. ,et . Ca'✓w...d.✓.- ��`�``°"�°� ,,p Ya`f' rOriae-ut. er.• iro.,e- . ` $µ T..4. %.n A)'.ice.+ .avNl,d z1. .v r t. ltd.... t:urw.0 Q.y. s1. L C.+natw...•- L:.rn. a-', ft -4.— d. r. -c-. I R.La.. it. -..W mn, %L.J- Q .. tr..l+ qc,,&n a.v.+,w t\ La.•,1.-t.. OJr..d- 9c -a t -s -d. ➢,., U.S. i d d y. 6. . o We have taken the following Government lands, vi- • 6L.m of C La D..�as Coons :re NC lb FkEO c'i:US51.0NEAS: 2FFiCE ive have taken the following Railroad Grant lands, af-....14.L.... l'<:!: GD iG:-; I.aa!idti ti Cl il:(i:U• ER. y Clutk, ..n::•:.'4. O C. rots Wo have marked out the line of said road as located by'- by turning a furrow on, each side of said proposed road. We estimate the probable wet of opening said road to travel to be d' _ • iliac& viewing we have completed this lulwa a.Eu, r• • .roan) • t e ._. ctatcn anden edof,r rda ' the retort of' rd. ,. wart aP the ad/ at • '. .a. t. '. rindicg the . - report corral r!/ t' a-4 .L...:aag the pal•/itt..xd rn.no�r . El v.: -to• of tic rani as rn.o,.u,cns.4 e1 Th. W.x,il Was —_._—..--_._.. an nation not •,l'ta,a Tn....i.....4e a . t^ .A9.r.L....prmvd avlant,•%.:C an./ t.. ,•..J a/urev's Presented to the boa d of lEtmiha. ('ommLdaners..........:..: Y:.v��*^; d we , ant is &tabs A.dn..o :va7• day of 4_ .0 Iwg-o-,;i—a. • } Viewers. dassidaiondrrcs,••••,.a`t setts viemrn& •A v.o' hiZh . .. _i.• The Clerk inhrat•.Ir...... et !AA re/pails - the road, draw aw .vmp,n r his . _. for clartapsavvad..... an<ai to not •c, ' hpotlede/optnsni o/ n J rirwli/Y of-�df. .C9?'i ..........-..j5.. Road Otngr of pr..fe? Uu/ndloolts the tart /a tra:vl dart as repo:?.' • CpNwPtiy.� a'tt-E•..../ 1.•✓ bylaw 4 ss 1 .rmCYMl�IeF.(i ,evad-1 ��•. 100/636 I • Co. Rd. 6 4/11/1916 Petition to open road: Com- ' mencing SE corner Sec 23 T 1 R 65; West 3l- miles. Viewers appointed. see County Clerk and Recorder Book 83 page 381 see Book 14 page 601 5/5/1916 Viewers report approved: see Book 14 page 621 declared public highway. 10/16/1916 C. B. & Q. regarding grade crossing. 12/12/1924 Public Utilities Commission notice of hearing Re: R. R. crossing in Sec 29 T 1 R 65. 1/12/1925 Crossing shall be open on Section line between Secs 20 &.29. 3/10/1975 Permission to open between roads 45 & 43 as a private road U N T Y 7 0 39 41 43 45 47 49 - AR2437414 wwaRnaNTY DEED THIS DEED, Made this day of May 5, 1995, between KENNETH D. LANGE AND EDNA L. LANGE of the County of WELD and State of COLORADO, grantor, and RODNEY F. SCIIKALBAUS AND SHARON L. SCHMALHAIIS whose legal address is 105 ZANTE STREET, BRIGHTON, COLORADO 80601 of the County of ADAMS and State of COLORADO, grantees: WITNESSETH, that the grantor, for and in consideration of the sum of $28,500.00 sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns common but in joint tenancy, all the real property, together with improvements, if any, the County of WELD and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" 2437464 B-1491 P -21O O5/O9/95 12:56P PG 1 OF 2 Weld County CO Clerk & Recorder DOLLARS, the receipt and and by these presents does forever, not in tenancy in situate, lying and being in REC DOC 10.00 2.85 also known by street and number as VACANT LAND TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrancesand restrictions of whatever kind or nature soever, EXCEPT FOR TAXES FOR THE CURRENT YEAR, A LIEN BIT NOR YET DUE OR PAYABLE, EASEMENTS, RESTRICTIONS, COVENANTS AND RIGHTS -OF -WAY OF RECORD, IF ANY, The grantor shall and will WARRANT MD FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. �-•, FL)O�a,. 4i H�NtETR D. LANGE STATE OF COLORADO COUNTY OF ADAMS las. 1 L.. J e,' cCj // '✓ EDNA L. LANGE The foregoing instrument was acknowledged before me this day of May 5, 1995 by KENNETH D. LANGE AND EDNA L. LANGE My Commission expires: 11' Witness my hand and official seal. Notary Public: DFR;,' D, tl GF ' 130'tfo 921A Rev 3-85 WARRANTY DEED (to Joint Tenants) CASES 10579NX DOC FEE $ 2.85 All of the South Half of Section 21 Township 1 North, Range 65 West of the 6th P.M., County of Wed. State of Colorado lying South and East of the Denver—Hud on Canal as described in Book 346, at Pass 258, records of said county; said right of way being 50.00 in width on each side of the centerline of said canal; said parcel being more partidllularly described as follows: Considering the South line of the Sbputheast Quarter of said Section 21, as monumented by a 31/4. X 30" rebar with o 3 1/4' diameter aluminum cop, P.L.S. 10855 at the Southeast corner of said Section 21 and at the South Quarter corner of said Section 21, to bear a platted bearing of North 89'17'41" East with all bearings contained herein relative thereto. BEGINNING at the Southeast corner of said Section; thence along the South line of the Southeast Quarter of said Section South 89'17'41- West 907.36 feet to a lire lying 50.00' Southerly and Easterly of the centerlineof the Delver —Hudson Canal. said line being the Southerly and Easterly nut of way line of said canal as described in Book 346, at Page' 258, records of said County; thence along said right of way line the following twelve courses: North 47'14'20" East 182 08 feet; thence North 32'02'06" East 99.62 feet; thence North 02'26'24" West 184.20 feet; thence North 07'09'45" East 106.88 feet; thence North 42'13'21" East 163.61 feet; thence North 34'26'17` East 154.69 feet; thence North 16'07'05" East 143.40 feet; thence North 08'10'17" East 148.88 feet; thence North 47'22'59" East 57.64 feet; thence North 88'12'28" East 0.77 feet; thence South 71'31'32" East 139.37 feet; thence South 54'04'19' East 229.43 feet; thence South 00'06'08" West $90.70 feet more or lees to the point of BEGINNING. The above described parcel contain a gross acreage of 15.13 acres more or less. 1 2437464 B-1491 P-210 05/09/95 12:56P PG 2 OF 2 o II o' ..III`.. t 4'o' oII qLI NNW Vat 'S. c n SO.•n'•.elite • $OO./9'/J.'E 26#..4A3' S4 er Cr/ NP. SEC ?/�Lc SIATE OF COI.ORAIk) T COUNTY OF WELD I HEREBY CCRT!FY 71L\T 71113 INSTRUNTEN11 WAS FILED rag nEcoRD IN ,NY OFFICE AT 3kO'CLi1CBYL1L AND 79 DUI.y RECORDED IN 9MR 10.. / Face. (kg ...... //..�7Ic ien•1" 3 7. RECORM.R DI.gAry D� 694 1616296 Y e 72 11 O1 n rn s v 0 0 A —4 N 'ego Ca 20 m cn 00 N t € I 'f t- 1`I WELIAOUNTY TITLE CAPANY 1221 8th AVENUE GREELEY, CO 80631 ' (303) 356-3232 Metro 623-3232 INVOICE No. 33364.1 APRIL 10, 1995 ROD SCHMALHAUS 105 ZANTE STREET BRIGHTON CO 80601 L REFERENCE: WCTC Order No. O33364 ROD SCHMALHAUS COLORADO DESCRIPTION CHARGES I CREDITS I BALANCE Certificate of Conveyance 35.00 TOTAL -* S 35.00 THIS INVOICE SUPERCEDES ANY PREVIOUS INVOICES FOR THIS ORDER # • CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. O33364 The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972: LEGAL DESCRIPTION: "SEE ATTACHED PAGE" CONVEYANCES (If none appear, so state): Book 1475 Reception No. 1252244 Book 1645 Reception No. 1407602 Book 985 Reception No. 1913279 Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 30TH day of MARCH , 1995 at 7:00 A.M. WELD COUNTY TITLE COMPANY By: Qa field l ti 1y`, s - Authorized Signatory • • LOT A OF RECORDED EXEMPTION NO. 1473 -21 -3 -RE 58 BEING A PART OF THE S1/2 OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, AS PER MAP RECORDED JUNE 28, 1973 IN BOOK 694 AS RECEPTION NO. 1616296, EXCEPT THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAY BY INSTRUMENT RECORDED JANUARY 5, 1983 IN BOOK 985 AS RECEPTION NO. 1913279 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE FROM WHICH THE SW CORNER OF 52°59'30" W., A DISTANCE OF NORTH RIGHT OF WAY LINE SEC. 21, T. 1 N., R. 65 50.0 FEET; 1. THENCE S. 8950'15" W., A DISTANCE SEC. 21; 2. THENCE N. 0O05'15" W., ALONG SAID FEET TO THE SOUTHEASTERLY RIGHT OF RAILROAD (SEPT. 1981); 3. THENCE N. 36°02'30" E., ALONG SAID OF 798.1 FEET TO THE NORTH LINE OF 4. THENCE N. 86°32'30" E., ALONG SAID 5. THENCE S. 33°10'45" W., A DISTANCE 6. THENCE S. 36°02'30" W., A DISTANCE 7. THENCE S. 1846'30" W., A DISTANCE 8. THENCE S. 00°05'15" E., A DISTANCE THE POINT OF BEGINNING. OF CO. RD. 6 (SEPT. 1981), W., 6TH P.M., BEARS S. OF 40.0 FEET TO THE WEST LINE OF SECTION LINE, A DISTANCE OF 2,033.2 WAY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LINE, A DISTANCE THE SW1/4 OF SEC. 21; NORTH LINE, A DISTANCE OF 121.4 FEET; OF 127.3 FEET; OF 442.8 FEET; OF 682.8 FEET; OF 1,574.6 FEET, MORE OR LESS TO D o?a5 IiLC 01'717.1"9 01/04/f11 II '04,. 7•/,.0o tin;,. AR1913d79 F IG/6 MARY ANN ,!JCR.S1 V. Ir) CLIS. VI l.nhn k Lit Ir (.It, II. (invalid of °clora_,M. 19 1 Recaptlon No Rocadv limb) likranifSgtett5 Ulan, (as, KENNETH D. LANCE AND EDNA L. I.ANr.i:, J.T. Ina Grantor or C,on,o„• of the ond County of Weld ,ond Stole of Colorado for and in constanonon of the turn of TEN DOLLARS and othat good ond wluobl+ cont,C,ronont 10 the s d Granby or Cravat% ,n bond pad, the receipt whereof n hereby umlauted ond ocknowledg.d, Non granted, bargained, told and conveyed, and by !hes. COMMIS 40 hereby GRANT, BARGAIN, SELL AND CONVEY unto STATE DEPARTMENT OF HIGHWAYS Division of Highways, State of Colorado Inn t;raninw a%stew. %%ortand &N,9ns lorover•Innfollowing rail propn,ty. s,lualnd,nlnr Countyol Weld and Stale, of Colorado. It•,,,t pofci:i-of )nnT So.2] ltcv.2of the State Department of Illghwnyn, Division of Highways, State of Colorado, Project No. 1 076-1(48) containing 4.1.82 acres, more or less, in the SW 1/4 of Section 21, Township 1 North, Range 65 Went, of the Slath Principal :terldian, in Weld County, Colorado, said tract nr parcel being more particularly described as foI Ir,wn Beginning at a point on the north right of way line of Co. HI. , (Sept. iron which the SWcorner of Sec. 21, T. I N., R. 65 W., 6th I'.9.. henry N. 52' Yl' 10" W.. a distance of 54.0 feet; . 1, 5. n lance S. 8'/' 50' 15" W., n distance of 411.0 feet to the vest Iii,.• of See. 21; Thence N. 00' 05' 15" W., along said Section line, a distance of 1,1111.2 fret to the southeasterly right of way line of the Burlington Northern Kalin,ad (Sept. 1'181); Thence N. 16. 02' 10" E., along sold railroad right of wary line, :I ,listen ce ,.f 798.1 feet to the north line of the SW 1/4 of Ser. 21; Thence N. 86' 12' 1T1" E., along sold north line, a disr.mn• of 121.4 feet; Tleutce S. 11' 10' 45" W., n distance of 127.1 feet; 1.. Thence S. P,' 02' If1" W„ a distance of 442.d feet; 7. 8. Theatre S. I8' 46' 'l0" W., a dintnnce of 482.8 feet; Thence S. 0tl' 05' 15" K., n distance of 1.574.1. feet, n,r.• or less. I.. th.• pre!nt of beg!nn ln;;. The above described parcel contains 4.682 acres, more or less, of which 1.414 acres are in time right of way of the present road. R Ing unto the grantor" all coal, oil, gas and other hydrocarbons, end all clay and other valuable Retrieval" in and under said premises; provided, however, end the grantor hereby covenant and agree that the grantee shall forever have the right to take and use, without paysent of further compensation to the grantor':, any and all sand, gravel, earth, rock, and other road building materiels found in or upon said Parcel No. VS h.•v. The grantor "further covenant and agree that no exploration for, or den lopasta of any of the product' hereby reserved will ever be conducted on or fro. the surface of the premises hereinabove described, and that in the event any of such operations say hereafter be carried on beneath the surface of said prmieea, the grantors shall perform no act which say impair the subsurface or lateral support of said premises. This reservation and the covenants and agreements hereunder, shall inure to and be binding upon the grantors and their heirs, personal and legal representative', successors and miens forever. Pie. AOWTor 1 I a a f l v. Juno. 1061 II 0'i2: DEC 01913279 01/041:13 ib t,.Orl : It,' • f Ih79 MARY ANN FCIIr.RSIF IN 1.i n iltrinni I CELL L;p, I.:, — TOGETHER with all c:d s,ngvear the teredilanwh and appurtenances thereunto hebrgmg, a n c rowise opperlcinna, ana the rent' Win and reversions. remainder and remainders, mats, issues and profits thereon: and all the nlate, 'TN, tills, interest, claim and demand wnolsae.er 01 the said Granter or Gronlas, either in low or equity, of, in and to the above bargained ;remises.with live herediMvves and the Orouranances TO HAVE AND TO HOLD the said premises above bargained and described, with The appurtenances, unto the said Grantee and is successors and assigns forever- And lot said Grantor or Grantors, for themselves, their Min, necdns and odn:vNMcrs, do canons, pore, bargain and ogee to and with the said Grantee and its successors and assigns, that at the lime of the neculion and delivery of mete presents.theywen well Seized al lhe premises above conveyed, as of good,sure, pertect,abtoeale ad indefeasible floes al in smock, n low, in Fe. Simple, and had good right, full power and lawful authority to grant, bargain, sell and convey the same in the manor era lam atoned, That the some arefeet and clear from all other grants, bargains, sales, liens. tons, ansVhed, and encumbrorKn a1 what. ever kind or nature soever, by, lhrr ugh y under IN Grantor Of Grantor,: Dal the said Grant', Ce Grantors will WARRANT ARrO /'OReveR OCFfNO the above bargained premises in the quiet and peaceable possession of the said Grantee, and its successors and assigns, 090,051 Oil and every person or persons lawfully claiming Or to claim Ina whoa ar any part thereof, by, itvoucm ce undo, the said Grantor Cr Granlors. IN WiTNE55 WHEREOF, the said Grantor or Granton hare hereunl: set their rnndr In.t 7th December Sop -yid in the presence of tl4TE OF Colorado and County 01 Adam: I It. i 1 t don of D. lakNr.E EDNA I.. LANCE "t'tangoing instrument win acknowledged Wets me Ibis_. ].Eh.day of ....DCELIrD4r_.._ •'. yes...:.. ( T 6, rs.1 o lio ' '� 1:12:10:111 D. Ln icE, n tn. CiDlyerNESSITy hand and Official Seal, . a � • or . ' � tAmmrtuon Espies.. . blanch, 10, ,19.86____.., al die r 5tr.Tf•'OF 0, and Gaunt, al Its tee lore prong ,nsbvmenl Rat acknowledged be me Irnt WITNESS air none and Ofhc,a Seal, sA, Commission E Post . . e a 1 a 2 z air: at13 AEI g3 ,Q I - i�nsa �f a. d e1 .ii or I I i s I o1 1 t r If 51111: � 1 n i $ SPECI likrrani 7101. KENNETH D. L' bCOn1-St feJ fAbtNVIJ, }.- ) HecOl+d nt.� , Mrs DEED .3fs4. dais firsts r day iA ifI1 . � tt I In the year of our farad ' c Ne i' eve twinednlnethundnd and fifty seven j' between• ,II tJ "iEAVER andift0%IE WEAVER of the r. iI : v t r s )• uyl ur o ,j h t ;-' i I}. Countyof`, ,Weld a &Stateof Colorado 412o tint ('i.• y hENNETIID ; LANCE', i sr -�'�J of the • . County of,: Weld State of Colorado; of the attend pert WrTNESSEtif, That the ealdparties - of the first part4nr and in mnsideratlon of'the stare of Ten Dollars and othervaluable consideration ° - 1<a0LZrrkPS to the said part 105 •' � of the first part In hand Daid, by the said party:: 'of the:'aecond party the receipt ;i P whereof L hereby confessed ad acknowledged, ha Vet granted,bargained, sold and -conveyed, and by these presents do :' grant, bargain; sell, convey and confirm, unto the laid pir)':.' • of the second part, his 1' heirs and assigns forever, all the following described lot , or parcelH."•;' of land, situate, lying and being','.. in the .. Cowl7 of '. Weld and State of Colorado, to -wit:' 11 that part of the South liclf (514) of Section Twenty -One (21), Township One (1), Nor lange Sixty -Five (65)„West, of the Sixth•:P. M., Weld County, Colorado, lying East of he right of way of the Chicago, 0urlihcjion and Quincy Railroad; Excepting a parcel old to'the.lienrylyn' Irrigation District by deed recorded In Book 346, page 250; also parcel conveyed to The Farmers Reservoir and Irrigation Company by deed recorded. in ,00k 303, page 373', Weld County Records; Excepting therefrom casements of record for roods, highways, ditches, telephone and telegraph and power lines andmineral reservations of record. Together with all water, ditch, irrigation and reservoir rights appurtenant to or used in connection with the above described land, including, but not by way of limitation, twenty (20) shares of the capital stock of the Farmers Reservoir L Irrigation Company: nn^ incleCan all wells, numns, motors, ermines, pipe end irrigation equipment ,,.e. ar hereafter placed on said land. TOGETHER with all and singular the hereditament ani appurtenances thereto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and nil the estate, right, title, interest, claim and demand•whatsoevor of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditamente and appurtenances. TO HAVE AND TO HOLD the said promises above bargained and described, with the nppurtennnces, unto tho said part )• of the second part, h i s heirs and assigns forever. And the said part i e s of the first part, for them solves, their heirs, executors, and administrators, do cot• -..a, grant, bargain, and agree to and with the said party of the second part, tit 5 heirs and assign,, that at the time of the ensenling and delivery of these presents, they arctvdl seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of Inheritance, In law, In fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same In manner and form as aforesaid, and that the same are free and clear from nil farmer and other grants, bargains, sales, liens. tax", assessments and encurnbrm,een of ..bet',ver kind <' We„na. . 1957 taxes, payable in 1950 — Tr !•d'e"i. a a ��vion of the saidpart ' of the second art. .,.. .. .ra.u<u premises m the: _ �a:;]:r� } P his belts and aaei;rs against All and every person or persons lawfully claiming or to claim the whole or any pm, thereof, the said part iCS of the first part shall and e... ..ARRANT AND r„SEVL..-LFFYD. IN WITNESS WHEREOF, the said party C5 of the first part have ' hereunto set l her r hand 5 and seal 5 the day and year first above written. Signed, Sealed and Delivered in the Presence of I .,,,� �/./ P GCrr!�rY.......(SEAL) "'`"n Tar caller e:.:✓' i —_._L f,.. (SEAL) Roxic Weaver SEAL) STATE OF COLORADO as. CI ty and County of Denver The foregoing Instrument was acknowledged before me this A.D. to 57 ,by M. J. WEAVER and ROXIE HEAVER •"1ity 2omrdsslon expires March 7 , 1960 11th dray of April Witness my hand and official seal. • No. 95t. wanIA.Nrr neon.—r.r rt.:,r.n,ei. a,e.rd. ^, nr,eil,Mta c s,t !Yo Cm.. he,.. PobIn.na' . t.e.d Dint.. v It Shut St.. tan.... Coln. �1 n21hryiTily� Notary Futile. /'/ 5 ?AGE506 ?Odg1G '"el °.oL�1iIS'�,uC". j.^'`'>�'.4`'�l ice'•' s r r' 17 ;'x: ' . M - 1563 < f� Recorded at ,1 /•:t..4 (!1 vi . � n6"NifD2�v,r,-'�i Reeeptia' No �• Tins Dom, Made this 3 el f fi [ c my d' ap May .': b the year of car Lad an Rammed vine bondred and .i ixty-three betwam Kenneth D...Lange.*' e Combd .Weld 'redstW d the Colored,, of the lint pert, and Kenneth D. ; Lange . and Edna L. Lange , RECORDER'S STAMP of the Cutup of Weld end State of Colorado, of the wood putt WITNESSETHL that the mkt pert of the Bret put, for and 6 considen600 of the two of other good and valuable consideration and TEN AND NO/100 - - - - - - - DOLLARS, to the aid party of the tint part hi band paid by the Bald perdu of the snood part, the ueetptwhereof hereby confessed and acknowledged, has granted, bargained, sold and conveyed. and by these presents do eS grant, bargain, sell, convey and confirm unto the saki parties of the second part, their bars and assigns forever, sot in tenancy In common but in joint tenancy, as the following desuibed lot or parcel of land, situate. lying and being In t_r County of Weld and State of Colorado. to-wit;All that part of the Si of Sec. 21, Twp. 1 N. Range 65 W. of the Gth P.M.,Wold Co. Colorado, lying East•of the R.O.W. of th C.D.& Q. RR.:Excepting a parcel sold to the Henrylyn Irrigation Dist by deed recorded in -Book 346,page- 258; also a parcel conveyed to the Farmers Reservoir and Irrigation Co. by deed recorded in Book 383,pa(. 373; Wald County records; Excepting therefrom easements of record fox roads,highways,ditches,telephono and telegraph and power lines and ml reservations of record. Together with all water,ditch,irrigation an' reservoir rights appurtenant to or usod in connection with the above described land, including, but not by way of limitation, 20 shares of the capital stock of the Farmers Reservoir & Irrigation Co., and including all"wells,pumps,motors,engines,pipo, and irrigation equipmei now or hereafter placed on said land. • TOGETHER with all and singular the hereditament and appurtenance* thereunto belonging, or In anywise appertaining, and the reversion and reveuloos• remainder and remainders, rents, Issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either la law or equity, of, in and rr the above bargained premise; with the hereditament, and appurtenances, TO Hl. lE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their hers and assigns forever. And the said part y of the first part, for h impel f his heirs, mentors, and administrators does eoveoant, grant, bargain and agree to and with the said Pardee of the second part, their heir, and assign; that at the time of the caseating and delivery of these presents well seized of the premises above conveyed, as of good, sere, perfect, absolute and indefeasible estate of Inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, mks, lien; tares, assessments and Incumbrancee of whatever kind or nature goner, excepting 1963 taxes due and payable in 1964 and the above bargained premises in the quiet and peaceable po Ion of the said parties of the second part, their hers and assigns. against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part has hereunto set his hand and seat the day and year first above written. Signed, Scaled and Delivered in the Presence of STATE OF COLORADO, County of Adams }K jr.2nYaas.c4.'r J-,Ya•cx'_kq.>:_____IS EA L] — (SEAL) ti•l w lrrr;bar�F;m lostrumt was acknowledged before me this 3d day of May Jp,(i3.117.0)2\g"‘itneth D. Lange M) a, 'pikes ges! }:Ctr—ed./f I9 G? •µlmua my hand and official seal ,�I nasn rrw.. ct noral t OJ ( N6 III. waaageTr oeW.-74 b14 S,—Undlsf l4bw gelatin Cwaur. leltH aWt shoot Dearer. C.LnM aieenel'la•taet_ 1n,o fur{ ia,nr O! Yrr• as s.,ouln r a,Inrse)'Is'ratt rcc Om r esz,llr rrrdeoorlpile.'I tar aflle,r Of car. P•n11u,G 'nea•I. Y 6 111 -t .). *111k Il naiad YIaIYW , pyseid al a! other ellloen e! such amunlWp. Mming (L—Yfn(rlwe• 8cs(-694 JUN 2 8 1973 R.corded at 61162 [...Fc Rec No 1696 —, Ann Scorner. Record*: �e,corcLed lSeern lonWr 1473-21-3- R E 58 June 7/973 . �p �o y Cee7/7ei/i c�/ . o` J / tcc en -o\ _ aferffq p cescri. •oq_; d ore cxt- of /he J'oath 4O/7 -C --/C /jf sec I. 2/ sill / A- If-/ an e6s/ys the Cr 7rvl�ci ��/dian, nehl .'ztqy, color o noscribe e inr7/n a e ci o[cfhwest comer scvz �e tzo�Z �Eh �IVe ne sate ec�` 2 / a'rzec� (bear[ i Lisa e c7 7 et_ fo �� point on the Sou e lI cc zT1Ze= fca Q -' en a `7Yss°s/-/G"S sit you asEer o. !4line a c� s ice of 7 /, 00 fee ,�, to et. to in �orz t � `71&of-t ��tne_ Sop orr�ee flat atcd ec [OTz 2sYl 77ce Wo s9-490'4 "E a/04 sc�c[ c.'�o ne a CIi . ta/7ce Qt 4 aa. /Sz eL to I -h sots Conn r .s c c /z a e -i7 �e e e Soo -i9 i7 CYlonq e case /,1/2742, said,/ ,SeC 07Z 2 a at stance 26449 SG feet to 'So eccsr c rrner said ct one 2/ oce9°/7 '4/"U/ o ep 2/ art. CL/cstanc sz7Q 9S feet ttO ne rice c e.y.7z7Zt E sc a 73edre77 ��zzi ozcr,[Ar� . o0 sea el c� 6ourzZ// coca i* accept Efze &)ea ver ` uds_,Q7Z. BctrzeX.1 as Cre.scr46ecC [iz. acode 346 `/Jorge 2 Se YVe/CC. &ocatt4 �ec0rcla. Oo,zzt.CC277s 307.7/ -c re 5 ✓jMOre o esS srclzca2f/ng crb0Veala.riaIg.O.Pit s YYe Ce7z [h 0o -carts/ dnac bet E occnz att �fe"� of fie. -cove'�scrftC ,o tae/�trofo erwb note the same as sho con on the crtt ched der ness en•.rev.vaille, a at xc eng cen t!icaiion was crehnou/ledjec/ 46a6 car 0f nine flet. /9ra. T�-. eleinefresrnit his Piny. 7 \ VH;17ZeSS c��%rr/z//ereI certify Mal f s t ,best ror�4.hzosuQ /e cozcialeezi e/7Ce z. eGty• CPI nL e�ai-e u f corr e ae7 Lev//Qf. CPbe lc& - Ze.37Do CAte A CG 0777pcaz ['7z tP/a cs,1„ cce 4r o1 Itn;. PP''o teed � .0afedG-z7 • Vii' C::9 Lv:•e 'Rv" 'a COLORADO March 10, 1975 Mr. Glen A. -Young 9709 West Colfax Lakewood, Colorado 80215 Dear Mr. Young: i `"y OFFICE OF BOARD OF COUNTY COMMISSION PHONE (303) 353.2212 EXT. 221, 222 P.O. BC GREELEY, COLORADO I have received your letter dated March 3, 1975 in which you request permission to open Road 6 from Road 45 to Road 43 as a private road. You may open this road if you wish, but the County will not maintain it since you are not petitioning to open it as a County road. If I may be of further help to you, please do not hesitate to call. Regards, Roy M6ser, Commissioner Board of Weld County Commissioners vm WELD COUNTY COMMISSION HARRY S. AS1 GLENN K. BILL ROY MI i t► MS. MONICA DANIELS-MIKA LONG RANGE PLANNER DEPARTMENT OF PLANNING SERVICES WELD COUNTY CO. 1400 N. 17TH AVENUE GREELEY, CO. 80631 DEAR MS. DANIELS-MIKA. February 13, 1995 THANK YOU FOR YOUR TIME AND INFORMATION IN OUR RECENT MEETING. WE APPRECIATE THE FACT THAT YOU HAD TO INTERRUPT YOUR REGULAR ACTIVITTIES TO MEET WITH MY FATHER AND I. AS WE DISCUSSED, WE ARE UNDER CONTRACT TO PURCHASE A PLOT OF GROUND THAT IS LAND LOCKED AND HAS BUT ONE WAY TO GAIN ACCESS. MY WIFE AND I PLAN TO BUILD A HOUSE ON THE PARCEL AND RAISE SOME 4-H ANIMALS FOR THE KIDS. THEREFORE SINCE THE PARCEL IS A PIECE OF GROUND THAT HAS NEVER BEEN FARMED, OR USED, WE WILL BE ADDING TO WELD COUNTY AGRICULTURE AS WELL AS EDUCATING TWO FUTURE FARMERS. I JUST WANTED TO SAY THANK YOU FOR THE MEETING AND THANKS IN ADVANCE FOR ANY HELP AND GUIDANCE YOU CAN PROVIDE IN FACILITATING THE ACCESS ALONG THE ROAD SIX RIGHT-OF-WAY AND IN THE SEPERATION (IF NECCESSARY) OF THE PARCEL FROM THE PRESENT SOUTH HALF OF SECTION 21. IF YOU NEED ANY MORE INFORMATION PLEASE DO NOT HESITATE TO CONTACT US AT: 303-637-0103 ROD JR. OR SHARON 303-312-8544 ROD - WORK 303-659-4682 ROD SR. SINCERELY ROD & SHARON SCHMALHAUS 105 ZANTE ST. BRIGHTON, CO. 80601 \I FEB-•'1995 ^S”nmjnr WELD OUNTY ROAD ACCESS INFOR1VIAIPN SHEET Weld County Public Works Department 933 North 11th Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 1. Applicant Name Mr kQ-ccnei% L,,,5e— Phone Address zcx,3 Roc,/ 6 City HNchvn State CO Zip $O611 2 - Date: Apr,1 S, I sc3 3O3 6Sc1 1196 2. Address or location of access Roc s/ (. R. V. w . 1 m, oP roc, ci Lis Section Z 3 Township I N Range WS W Subdivision Block Lot Weld County Road # 4 (12.0 w,) Side of Road Nor -I I, Distance from & number of intersecting road nr Q. rcA;le. N SE or W r crid 4 3. Is there an existing access to the property? Yes )X No_ # of accesses Grit ************************************************************************�I(********** 4. Site Sketch ry 41 Lit a7 ***********************************ass******************************************** OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date 5. Proposed use: ❑ Permanent O Residential/Agricultural O Industrial ❑ Temporary O Commercial O Subdivision ❑ Other ********************************************************************************** Drainage Requirement Culvert Size Length Other Comments O Installation authorized ❑ Information Insufficient Special Conditions Reviewed by: Title: o REFERRAL LIST NAME: Kenneth and Edna Lange CASE NUMBER: Am RE -58 REFERRALS SENT: April 17, 1995 REFERRALS TO BE RECEIVED BY: May 1, 1995 COUNTY Attorney _X _Health Department Extension Service Emergency Management Office Sheriffs Office X _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 Millikcn F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 IJS Army Corps of Engineers Windsor/Severance F-17 USDA -APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission TOWNS and CI IIES Ault Brighton Broomfield Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Grover _X _Hudson Johnstown Keenesburg Kersey La Salle _X _Lochbuie Longmont Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor OTHER Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. _X_ Denver Hudson Canal SOIL CONSERVATION DISTRICTS Brighton Fort Collins Greeley Longmont West Adams COMMISSION/BOARD MEMBER ECE1VED APR 1 9 1995 • 1 C. COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUN'T'Y ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY PLANNft : p MAY 11995 i-: DATE: April 14, 1995 CASE NUMBER: Am RE -58 TO WHOM IT MAY CONCERN: Enclosed is an application from Kenneth and Edna Lange for a Amended Recorded Exemption. The parcel of land is described as the S2 of Section 21, T1N, R65W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile east of Weld County Road 6 and approximately 1 mile west of Weld County Road 45. 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 April 28, 1995, so that we may give full consideration to your recommendation. Please call, Shani L. Bastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. I. 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. y 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. lig" ; TSigned: �� l�fJ� Agency l ..t.c' ��r� Date: -4 - lam• -' SERVICE, TEAMWORK, INTEGRITY, QUALITY • WESOUNTY ROAD ACCESS INFORIVIt SHEET Weld County Public Works Department 933 North 1 Ith Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 Date: Apr ;IS.lcriS 1. Applicant Name Mr kQ-c ne, L A 5¢ / Phone 1O3 ' eiScl 1196 Address '20033 R0.,,/ 6 City Rtwrbon State CD Zip $06112 2. Address or location of access R04[h C R.o.W. I m, 6, west of" roc,ci LK Section Z 3 Township I N Range 6S W Subdivision Block Lot Weld County Road # t (R.0 w.) Side of Road N - 4 k N S E or W Distance from & number of intersecting road me, m; fe, raacJ Lf s- 3. Is there an existing access to the property? Yes X No_ # of accesses once 4. Site Sketch -Sec.-lon 24 goe6 g.o. w. Sze}iurCz-6 <P Nl 4.l lore - - - A/c M- Non/Cournil *********************4******************************************************# **** OFFICE USE ONLY Road /o ADT Date Accidents Date Road 41 ADT /0 Date co - a / Accidents ' / Date - 5. Proposed use: PRI Permanent ❑ Temporary ❑ Other ResidentiaUAgricultural ❑ Industrial Commercial ❑ Subdivision ********************************************************************************** Drainage Requirement Culvert Size Length Other Comments O Installation authorized ❑ Information Insufficient 4 Special Conditions Ve7U (o 19&// y 'L1A/A/TA/A/ \,tid re !o Rgok.k W C2 4 P-A67To rip RierocaE CEc'r'rv1/4/ al. Reviewed by: Title: • 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 14, 1995 CASE NUMBER: Am RE -58 TO WHOM IT MAY CONCERN: Enclosed is an application from Kenneth and Edna Lange for a Amended Recorded Exemption. The parcel of land is described as the S2 of Section 21, TIN, R65W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile east of Weld County Road 6 and approximately 1 mile west of Weld County Road 45. 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 April 28, 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/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: 4 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. A Please refer to the enclosed letter. Signed Date: +'-;S 55- 94 Agency: SERVICE, TEAMWORK, INTEGRITY, QUALITY WELD COUNTY PLANNING APR 2 6 1995 ECEIVE • The Henrylyn Irrigation District TELEPHONE 536-4702 P. O. Box 85 HUDSON, COLORADO 80642 April 25, 1995 Case Number AMRE-58 To Whom It May Concern: Referring to the above numbered case, The Henrylyn Irrigation District does not object to the request for an amended recorded exemption submitted by Kenneth & Edna Lange as long as there is no interference with the maintenance and operation of the Denver -Hudson Canal. All fences, buildings, etc. must be placed so that maintenance of the Denver -Hudson Canal can be accessed from both sides of the Canal at anytime by the employees of The Henrylyn Irrigation District or contractors working for The Henrylyn Irrigation District. Sincerely, Lawrence E. Gerkin Secretary of the Board & Manager r.FG/dg WELD COUNTY PLANNING I APR 2 6 1996 121 ECEi vE �=14�N IIiDc COLORADO s• DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17T1 -I AVENUE CREELEY, COLORADO 80631 DATE: April 14, 1995 CASE NUMBER: Am RE -58 TO WHOM IT MAY CONCERN: Enclosed is an application from Kenneth and Edna Lange for a Amended Recorded Exemption. The parcel of land is described as the S2 of Section 21, TIN, R65W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile east of Weld County Road 6 and approximately 1 mile west of Weld County Road 45. 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 April 28, 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. L We have reviewed this request and find that it does%docs not comply with our Comprehensive Plan for the following reasons. O0TSI7'C vF PCANti,Nc A-P-Crt 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: /� Agency: /C? er DSc Date: Lf, - SC SERVICE, TEAMWORK, INTEGRITY, QUALITY WELD COUNTY PLANNING p APR 21 1995 p}ps 46tr, • WI�Dc COIAAAOO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TI-I AVENUE GREELEY, COLORADO 80631 DATE: April 14, 1995 CASE NUMBER: Am RE -58 TO WHOM IT MAY CONCERN: Enclosed is an application from Kenneth and Edna Lange for a Amended Recorded Exemption. The parcel of land is described as the S2 of Section 21, TIN, R65W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1/4 mile cast of Weld County Road 6 and approximately 1 mile west of Weld County Road 45. 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 April 28, 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/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: 1///Sh4.o7.4.,t) Dale: 4/ 9/9, Agenc . SERVICE, TEAMWORK, INTEGRITY, QUALITY WELD COUNTY PLANNING APR 2 5 1995 E©EIVL Hello