Loading...
HomeMy WebLinkAbout960569.tiff RESOLUTION RE: APPROVE VACATION OF RECORDED EXEMPTION #1376 - WEBER/GALETON WATER AND SANITATION DISTRICT 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, on October 30, 1991, the Department of Planning Service staff approved Recorded Exemption #1376, creating parcels of 3.29 acres and 2.0 acres, more or less, and WHEREAS, said property is located in part of the EA SE'/ NE% of Section 6, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lots A and B of Recorded Exemption #1376, and WHEREAS, staff informed the Board said lots were incorporated into surrounding lots through SE #558, #559, and #560, and WHEREAS,the Board has received a request from Ty F. Weber, Western Sugar Company, 1302 1st Avenue, Greeley, Colorado 80631, to vacate said Recorded Exemption #1376, which was recorded November 25, 1991, at Book 1318, Reception#02270255, in the records of the Weld County Clerk and Recorder, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Recorded Exemption #1376 be, and hereby is, vacated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS „"‘ Mai WELD COUNTY COLORADO � /A0sail Barbara J. Kirkmeyer, Chair' �1� G 13 ' -` r '.U�/ef - o I-Ay Clerk to the Board Cc),.,,-\,1/4.2.4 Goar Baxter, Pro Tem g `o/ NV t ;Deputy Clerk td the Board Board 1 Dale K. Hall APPR9 D AS TO FO$M7 _ FXCI JSFr) Constance L. Harbert untorne — L W. H. Webster A.)Kf e /�L/ (CEJ'Cr DOC OF REC 960569 04/05/96 03:10P PG L 1 ' 481 B-1541 P-137 2484 Weld County CO Clerk & Recorder 0,00 RE1376 snail De sunmtccec witnin sixcy LOU) uays liuw Lite uaue VS appLuvai „y Luc Department of Planning Services . The applicant shall be responsible for paying the recording fees. �, / / 7 B�/ /i� ��� Date � `� Current anner // • • it,( if ` DEPARTMENT OF PLANNING SERVICES ". PHONE(303)356-4000,EXT.4400 91510th STREET lllDc GREELEY,COLORADO 80631 COLORADO October 10, 1991 CASE NUMBER: RE-1376 TO WHOM IT MAY CONCERN: Enclosed is an application from Galeton Water and Sanitation District for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 NE4 of Section 6, T6N, R64W 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 the unincorporated Town of Caleton and west of and adjacent to Weld County Road 51. This 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 October 24, 1991, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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: 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: 5. Please refer to the enclosed letter. Signed: Agency: Date: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO October 10, 1991 Galeton Water and Sanitation District William Warren, President P.O. Box 331 Galeton, CO 80622 Subject: Recorded Exemption #1379 Dear Mr. Warren: Your recorded exemption application is complete and in order and will be processed on or before November 9, 1991. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, 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 feel free to call me. Respectfully, // /171— Current Planner KAS/sfr pc: Elmo G. Peterson, P.E. Urban Engineering, Ltd. P.O. Box 5146 Greeley, CO 80631 ADMINISTRATIVE REVIEW FLOW SHEET ) / ) CASE II 173/6" APPLICANT: 441:Z;;"vice3/! 2e24/71, Nn VA/it/97762v /)4r0c- REQUEST: eiTe 2DhL7 jxF�.7177.9 / LEGAL: `‘)/- E kj SE Q N /F lig(a t/Id LOCATION:.pf/ e'Pq/v1,4,O/72c.nA/1- 177 rho of (rz/c/tarsi U.W/ 6-2/1: (awe/ DTacaA/th: / l Date By Hc, Application received Application complete Letter to applicant drafted • - _ , Referrals listed File assembled ' , Letter to applicant mailed Referrals mailed D Chaindexed DPS recommendation drafted Administrative Review decision: /2/ ✓ e( i9 / - c /- History card completed /• -C' COMMISSIONERS' HEARING DATE: Date By Air photo and maps prepared Field check by DPS staff .� CC Action: CC resolution received History card completed - -r I ■_ _�� Recorded on maps and/or filed i2-l�a. Ri I� • • APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services , 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: /O O O O APPL. FEE CASE NO. 'R s=s J / �o RECORDING FEE /0 . cc ZONING DISTRICT /1 RECEIPT NO. /?OC 77/76Q,/ q DATE JO -02 - /7 APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the followin• described property be designated a recorded exemption by the Weld County B• , ' L" sioners. LEGAL DESCRIPTION: V LL 0CT 0 2 1991 SEE ATTACHED SCHEDULE A. Weld County Planning TOTAL ACREAGE: 5.29 Acreas Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X • • FEE OWNERS OF PROPERTY: Name: Galeton Water and Sanitation District Address: P.O. Box 331 Galeton. CO 80622 Phone: Name: 0/0 Wm. Warren, President B: 454-0156 Address: P.O. Box 762, Galeton, Co 80622 Phone: Hm: 454-2478 Name: or C/0 Glen Hill, Secretary B: 454-2078 Address: P.O. Box 369, Galeton, CO 80622 Phone ng: 454-2074 WATER SOURCE: Larger Parcel No, Weld Co. W.D. Smaller ParcelNo. WA'Jd Co. W. D TYPE OF SEWER: Larger Parcel None Smaller Parcel None PROPOSED USE: Larger Parcel Beet Storage Smaller Parcel Sewage Lagoons ACREAGE: Larger Parcel 3.29 Acreas Smaller Parcel 2.0 Acreas EXISTING DWELLINGS: (Yes or No) No (Yes or No) No I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) �./21t Signature: Owner or Authorized Agent Subscribed and sworn to before me this :2 d)/l day of (t (' /a L , 19 7/ . (SEAL) iCcLi.J c JCL, : h� Notary Public My Commission Expires -1/'�/� RECORDED EXEMPTION APPLICATION Present Owner: Galeton Water and Sanitation District P.O. Box 331 Galeton, CO 80622 Proposed Grantee: Western Sugar Company P.O. Box 9 Greeley, CO 80632 Location: Sections 5 and 6, T6N, R64W, Weld County 1. A completed application form is enclosed. 2. A completed certificate of conveyances is enclosed. 3. A copy of the Court Decree of Condemnation is enclosed. 4. The reason for dividing this parcel into two separate lots is that the Galeton Water and Sanitation District needs a lot for locating a sewage treatment facility. Lot A as designated herein is the most suitable site within a reasonable distance from the community of Galeton. The site is not in the designated floodplain of Willow Creek, it is more than 500 feet from the nearest residence, sewage can flow to the facility by gravity from all residents within the District, and the site is adjacent to a public thoroughfare for easy access. Western Sugar Company has historically used the remainder as a beet pile site and needs to keep it for that use. The whole parcel was "lost" in that it was not transferred to Western Sugar Company when Great Western Sugar Co. declared bankruptcy. 5. The proposed location of the sewage treatment facility conforms to the policies of the Weld County Comprehensive Plan for the following reasons: a. The site is presently wasteland so no cultivated land is being taken out of service. b. Provision of this sewage treatment facility will allow the community of Galeton to continue to exist and will allow the development of additional homes and businesses in an existing rural subdivision. Within the community, there is room for an additional 10 to 20 residences. c. The sewage collection and treatment system will mitigate the surface and ground water pollution that is caused by failing leach field systems. 6. The proposal is consistent with the Agriculture Zone in that proposed sewerage system will enhance the living conditions of the community and encourage growth within an already developed community. It will delay the conversion of adjacent agricultural land to residential. 7. The only use to be permitted in Lot A is the treatment of domestic sewage in aerated lagoons. Lot B is presently used as a sugar beet storage area. The surrounding area is agricultural and residential. —1— • • • Both of these uses are necessary for the continuance of the beet growing industry and for the continuing use of the residential area. Future use of the beet storage site will be for any purposes per— mitted by the present or future zoning of the site. 8. The uses permitted will be compatible with the future development of the surrounding area. The sewage treatment facility is designed to accommodate a 50% expansion in residences, and the beet storage site Pg is proposed to be developed to accommodate a 50% to 100% increase in sugar beet storage. 9. The proposed land division will allow orderly development of resi- dences and business in the existing subdivided area by providing adequate sewage treatment to accompany the existing water supply and the existing transportation, telephone, and electric facilities necessary for residences and businesses. 10. The existing water supply to the area is provided by the North Weld County Water District. This proposed land split will allow the deve- lopment of a much needed sewage treatment and disposal facility. Neither site will need a water supply nor a sewer tap. 11. The property described herein is not in the designated floodplain of Willow Creek, the site slopes gently to the South and presents no geologic hazards. Provisions to accommodate the runoff from adjacent areas will be made in the proposed development of the property. The site is locate 7 miles Northeast of Weld County Airport and is not in the overlay district. 12. There is an existing sewer collection system and septic tank in Gale- ton that serves 16 taps. The Weld County Health Department and the Colorado Department of Health have issued these 16 shareholders a cease and desist notice because the leach field system has failed and partially treated sewage is discharging into Willow Creek. The pro- posed land split will allow elimination of this hazardous discharge. Other properties in Galeton have failing septic tank/leach field sys- tems and are in need of a sewage disposal system. Other present lot owners have been denied building permits because of the lack of a suitable sewage treatment system. 13. A map of the property is attached. -2- REFERRAL LIST • NAME: Galeton Water and Sanitation District CASE NUMBER: RE-1376 REFERRALS SENT: October 10, 1991 REFERRALS TO BE RECEIVED BY: October 24, 1991 COUNTY TOWNS and CITIES Attorney _Ault X Health Department Brighton Extension Service _Broomfield Emergency Management Office Dacono _Sheriff' s Office Eaton Engineering Erie Housing Authority Evans _Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE _Garden City Division of Water Resources _Gilcrest Geological Survey _Greeley Department of Health Grover Highway Department Hudson Historical Society Johnstown Water Conservation Board _Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _Ault F-1 Longmont _Berthoud F-2 _Mead _Brighton F-3 _Milliken Eaton F-4 New Raymer _Fort Lupton F-5 Northglenn _Galeton F-6 Nunn Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 _Thornton _Mountain View F-10 _Windsor Milliken F-ll _Nunn F-12 COUNTIES Pawnee F-22 _Adams Platteville F-13 Boulder Platte Valley F-14 Latimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corp of Engineers Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hill F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission Greeley _Longmont West Adams COMMISSION/BOARD MEMBER • w P� ti 0ockAk) • • • • J/( 2YDpARTMENT OF`r PHONE(303)356-4000,EXT.4400 / 2 915 10th STREET ' eit �. 1991 / GREELEY,COLORADO 80631 t)4Qr COLORADO October 10, 1991 CASE NUMBER: RE-1376 TO WHOM IT MAY CONCERN: Enclosed is an application from Galeton Water and Sanitation District for a Recorded Exemption. The parcel of land is described as part of the E2 SE4 NE4 of Section 6, T6N, R64W 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 the unincorporated Town of Galeton and west of and adjacent to Weld County Road 51. This 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 October 24, 1991, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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: 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: 5. P11e e refer to the enclosed 441 { er. j Signed: NG ry l Agency: J f Date: /(1'.}3 h(( 0 • rrr c•-etrii&V EXEMI /t/orrhoost c'orr7C'r • F�rs� t!� S�'.G, T.Gif/, IP64� DATE: OCTOBER 8, 1991 V r e/2 * Al) 4 C6a. qD OWNER : GALETON WATER P ( /77o�f./79 s P.O. BOX 331 • GREELEY, CO 8 1-...."4:4as--...,P*.s...-4:\ 1.66. A TRACT OF5, TON LAND NOto SECTION 5, ALL IN TOW � AND BEING MORE PARTICI • COMMENCING AT THE NOR' O I h' SIDERING THE EAST LINE I ALL OTHER BEARINGS HET Q0 ` I THENCE SOUTH 00° 40' 3 Fat/PMSt 0 T�v�° Po�:�t of �, g09/ri/7//79 QUARTER TO THE TRUE PO — 89'/923 E 2/8• /o THENCE SOUTH 89° 19' 2 • ROAD N0. 51; /97 DO 1 ei/o THENCE ALONG SAID WEST SOUTH DO° 40' 3 ( i SOUTH 03° 32' l: THENCE NORTH 89° 19' 2: LOj 8 QUARTER OF SAID SECTIOt 3.286 gc. 1,I I SOUTH 00° 40' 37" WEST, t THENCE NORTH 89° 19' 23 I �� THENCE NORTH 00° 40' 37 iii THENCE SOUTH 89° 19' 23 • • O 4'l� SAID TRACT OF LAND CONT tkji��Ol OF-WAY OR OTHER EASEMEN I`�It- -1 EXISTING ON SAID TRACT *.s . 0 I �t C l O t I\ N I1 WE, THE UNDERSIGNED, BC] 0 0 10 `OC HEREBY SUBDIVIDE THE SAN Q 0 O I-I IS LOCATED IN THE AGRICU 0 ' I ` FOR THE CONDUCT OF OTHER I U 11• WE DO HEREBY DEDICATE, Ft I # EASEMENTS FOR THE PURPO5 2//0 GALETON WATER AND SANITA 0 s89/9•rs" /s6./o .✓ _L i.. I THE FOREGOING CERTIFICAT 4. ,/ 0 14 DAY OF_ O L OT. j I �� MY COMMISSION EXPIRES:__I 200p qC, WI TN S MY HAND AND SEAL h " NOTARY i ;"6UBL[C / ,_9l ..,56. 1 , I� i 7 p I, GERALD B. McRAE, A RE( Q• I 4 STATE OF COLORADO DO HERE PLAT WAS PREPARED UNDER I Si (� IS AN ACCURATE REPItESENTP SURVEY AND THIS PLAT COMP AND LAWS OF THE STATE OF h I PROF SSIONAL ENGINEERS AN ti I GERALD N.tkuAE,-filet f-SS1 4 LAND SURVEYOR, COLORADO R V) THIS PLAT IS ACCEPTED AND p UIREC1OR,D PTIRIMENT U C. 9-45 G' I L �L,,, 68.00 (/4445) THE FOR GOING CERTIFICATIC -''' /35.00 v DAY OF .440,4A. 4 EW CONSTRUCTION 89'/9P3'se. 204.45 FLOODWAY OR M1 COMMISSION EXPIRES: WITNESS MY I ND AND SEAL N RIGHTS-OF-WAY NAVE NOT BEEN RE- NUfARY I 1 (; rli h.--WAY WHICH MAY BE SHOWN HEREON MAY :ED ONLY IN THIS CONTEXT. 11� L ACTION BASED UPON ANY DEFECT IN 1. UCH DEFECT. IN NO EVENT MAY ANY E0S/ Q0Orter C'O,77eor THAN T£N Y£ARS FROM THE DATE OF S+LQC'rIOo 6 j '•8 AE'bOr(70 /77G?PA f795'J McRAE & SHORT, INC. 1231 •fit P 'e 'P • •►• ,,I ".- a;, ' �` `, ♦.•-.vt• /,( � `71111::::.:„ <` -. } t Till -,. ......z„......:4„.1,-. 'E �.� -,' cf#••7 V. t4 4 +:r,,r :.�, r j.,q t, . , 4 - v 5 •+ 1 1 -rc._. �� _�� • ,¢+ s t sue' '+� f , , . ,,,,_,,,„). ....ittc. ....., ji . • .. i . t r • : : V ' ° i rr .,. • 4 s E________ ''' • ' ii. ' '-.4. ZYT...7 lki A • t,A. ).__. 1---_er'-sfl'e4P.,. \f l'i.'....f: ,' -: . '',:il'.. ',.. . • 40. r.µ� Y .'w4P�' a / C;,..- •1,,,,4 r�r r • y�: y S .'V U 1 i ` • r ii 1 f I I� �f '. , . i•• 11 r ..,,,,,,...,,,,.,......,-......„,,, 1 t t $ f o• # ,6/ ,,,,., ,.,. '" n �� f e r Yr I.e'. i f 1 F i , . ' [ } 4 y A y i x IN!:`f tN r.- i{zM VC ' . • ij J..„, •'` i� J 4 nk N ,,!?'/ • .,,, . - T GS�y �� _ . �f� 1 g� `� t 1,s a L•+ c' r Y fif..., ....., ,,,,.. ...,„.._.. . ,..... ..... $y+t eA �5 'Fe '+i i } '1'� 4 / ilSy}''' / r `�\� T 4fr`Y�° 4♦'e Yr..'�rP* � 4�Mh ea .. . . lt^ h •,,r} r1, >h , Y. b.'Fk : 2' n.dA:f ee hip 1 3��, 1 i �f fax r is 'f':"*.--."..''''''''''''''.: r! r M ae j, 1 r ifW t"•"eF • • r °r :�r) r L �y • ' ,. !�is its.�ry •� ksit �. i r '. Ni ' �x ."'4,.:''.-',". • Y y� 'Q.'.'4.. Ste'.,$• "'..e,3y #tk"�R. '1 = - ♦, .4�w. E � �1 e .. i f1. aT ♦w •.4 5,el .r�-; `,-;...,,,:r7-..,;,•:.;.• N 7 1 ,; a i i J• .: - S t r ,r r: ,�'• rwx�. , r e �. ,,r•k y rFr+ ' - ': /, Ji',n�1 (ryl q�,. l 1 ' r?1'1'�"ts'T''',{'` .n ti. r. `"1, .�' + d.`,,' r y AJ'£, .FT+'4 N\ (a .yt_L^`+l c r7•r Y \ 4'M w: }i:;1 r-x '.� !•iyn\m4. i. r ,: ;�y ,.�!^ A. z ,�'4 _.. 1M • i r'!F I,d P�'1:•“.. •+,f� �,�p:,i s,h,s ,� '.`. a.4t ¢" y�v Rac, a ,'C''` r'i"\ Y r '.'�' elf i r•.,,;, r �y ,:::' •' ,..i.1 KJ .w�a�yy`• '.,/+1{'"%,._*,y.-.,.,. i s x c \'",,•'jr'Ay•i 1+'� "`.1r..,,_"1-;g'..O t N... n Y , i r v ' ; ''�:?1,0{Q.�(,,,. .K.ME+yP:*''t . •k4. �f .4 ' i+≥.� t`•I f s�:1 r. 'v=,.'i's ` ) .•� r. � c �.. r�`r ,,,',.,44,.•-„, r� 44'$rf• a}'•X!�'L't .W�.Rx'•�',pt''R•`r L1a 1�{rt+ y �. Y Wy * �.t 1 6 b� t �.h ri; i 7 y f yl -h f.r ve l� ; f nt r, 7,-'''''•'' ' S` #`r....4.1,.:. .<r 71 ,8: y( : Pft,�' i`Y:." -,rI}, ' 117. ,. r. c c y: N, t 1 H -fr.f: S - {S. ''&''''''.7*-'' , 1�S'y'•Y.aK.enykq ,.' r --. `, "M r+td -' . .� `i'`�L,�`i' 'R� - i 'h i4r?. r{., 1,.' �.- `. :.4 ! t s r i.: ~ f.: , 4.7._ .. �. {�. • CL.I.*,:,. ::,,,,,',',....v", �C T � '?,,,,,-;:,3,.....7;11I ,,Fy'� -b\ 4 k�\ yh y7 'f � .� �,• x .Y ; ..d l },if �` �y h r c y p+,t a ..,,,r .s!,.. �:e # :\yl.r'e'.�v I Ft .a ti '81.'' ' ` K xlr .. •,..,,..:.-.:.•• ,,.. of 6 r c h+w t,�,aE� r� , . iyx.'' ` x ' *,. " t N ...,„;14, ..4„,',....,,:. Y.'4, .,. ? .,. (x { o ,,,.',..•,,. t, r, ;r,r� ; ti�r� af et !S• �•'e�. ..88'.'•.4;f."4.,.' y .?,,,','3'..!--,',,',,,ti.,,.1 4 ',..,.,:::.,...':;:t1-'-;;it -• �''yyfC""- , ?'.,�, n+• ^ r, � 'a« � :::X 1, ; ':x .: i -.-'''• Z,', x .ro w } ��� ''" f` . �' ?'''''::',5f" 1.�' x�§�'''�' ' rvY�.,,tc `1u�' ,! w�. r,4.�3t ��+""'"'•w � � �I NI, bi•i• ''ti4:: i r , .fitfW.., i "4N 1 i , ,y 7,_ } x .+.i i � e ax. s � az 9 r e t t�„" ,� „� .n • f r - ,, ,' , ' .' f r y ` '° �� . >' . .�,3 # ".e�. '' >• r '. r i .. 4s's tY,t. "r,c 4 * 7 ,�,.• F y� , ., r:, , J r si3 r .,r. r Sm i r.8 : {'. 8 td t. ,, n. —t ,n it i` '4M p ''}t' '"' ->, '4 r4,14.,',.q:,-,••.:; t t er t ^ t. . .:.%.., 4 i. ,." wry, d,�s' r`,,.: �' yr {}-yef t, ,'x y,� �t .ti., r i ., u - t c 1 z �` c. n 'K; lyRy X +. s3i�t-�; I1+ ' Y • x ••yet` u r #[�3'y. F ��C'r tr f y .. t•W. i �fyJ,* x>'�A.p 4�, Zit." �,1,q at 4i'f' ,'r� i,_..;,;y T • ti ry �1.r4".t. eH Y'yr'�'Yc' t -4r MY'R:'$4 � t xSr T -, �mY , -�`y"''' ?. - �3,�: {4 YY _ ,• . ?{ • ,--•,,,,,.....--....-_,..,,..„--,..• y` ... s r rP 1` -.--,.7.5,-*..,...„ ..,,�.•. r'r'..t,.e"'' Lf�'? t. , rii {Y`�'''.'.,.•:•'::•.''..-:::0:.-Z.:,'; ,,, -:afN4.t.,'.'` es r '.,,1 'C . "•. ,,,,,,,,,....,,,,„;....,,,„,:.• d''' wP fl `t�.tt ..,0''',,.,,-% � ' i� Y i ,'.r • i} _f,• h;} , ;'% y C,Yt, h 1 • 1 .. F ' dT t :R � r � P Y 3tPE4, f t {r.•i y � �i 4 Jy..�.� r .. d+, :.� •' `,'f ,r "i h,{. •,,:'•i.: !.r '1, " ,gyp,. r j,.f 4S"t .NY I•!:? •'1 r�,Yr k 3• ,, L; t a1'' �;I° ,� %.,,k'':-,.2',-%.,,',-;;.:-.;:;;;,--,:,;;,,''. .•;.,71.,',.:: °4 "'it' ' ' x ^' .�3t 6� ":�pi �� ,E k�r �: '' dc'�S1,:7 8r � �' � t • �:c, ? a4r� �'• 4xj ��`it! l ,t• roi•, ,. ,tip .k.4-,;:•„',4--..:...,-; *-, ;;b n} _ . r �,1. , ",wf,t•��., ; w n�'�t 7i A ..•,� 4,t...-'''''''',. 4;•",;-'•-1')-•••::4`."'''''',:;`. ?' .j. r : ,, ri T ,ti 4':':'•'...4.....':,"{::'?,,--.,4 '. y h fri Y C+ •r .. ,. . �k: 7♦ 'B i e r r _ r 4� Ai';,,,:.,1''.'"..%:-•:'',-,...!..,rt C r a * + i le. +-0�i rJ .¢ {5ie • e7 i'"G h°' ri;' !? 'r'' W 1R .r+ 7i a~ x ` 1 '01;.;:i••:•?:-',,;.?-!- la k''' '' y 415';',:,.;?,X7;'."::, n t; .r. tL":1'''.7:4 4`a` E LA'•'' `' " i • ';'Ct's.4, ''''',.'"1‘;:.-.1:',....0 y„',k .,cat 'sgt,. "r`t"yr '`- yt 7c., t rr :+l„� `4• •-•''''; •�ltr .t� ti` + , t�, 1i. :t� 4 r�r, r •�• t- -ih , .r.: .. .�;� > _ �fx {r. eA r �, ''',....'c. w e. ♦ ' • :R Y r'r '. .: ,., — c-,1, ..1 ' . ... , , , ' ;9, th) , — z.z.„Lit :4_ . • II: ^ wit'' • iik t. r h .: f "A.'. •%,-y, �s J ��PSIIPPr7IIL".41(.5.7:4'"i '/l� Yi • 'r`k �` k\ L � + �.F, ; ! ,� '4',t7. .."`°'� a T-".� N'.'''• '''.tkif a.Ry , .:� ,ar,a#� 4 {•� _ 64°4;1—sAMtii ‘ '‘I 4° ''' ) ' i / �r/Ili �.� '001 '' a • r f, i t., :1 !-sip U _ 1 _ �0� �.• I le „'.0"•4*D' -:. ..110 q w $ O36 EL I, 1 f ! t --7 i1 '.t. • Oil/ i (-- '414 I‘. .\I le) .... .-i x n } as ,, • '.r tia,-i e''...-..." -.' h ,,1y• ,-' F,. �, . itiCt4'x'13 f ` r :�f' 1. f ,0 t y fT • 311, . ,:,,..... . . , , -,,;,:e- r 1„,-..-,.. a�t ti+ ,b ,I a'iG '•.r �. s6 tiff V 1 _ `' s'-'".:4 �IT 24iJ�•'� t $ ,,,•..,,,,.:,.:-- *"'N _'; ,..e.- - n , f •4,,„,,-(7,.‘14,--.4:-:',...-. , M ll.`is l4 1 I P } b ,, i. u r h /4045r-4,T , .REC'ORDED EXEMP-ION NO. NE Cor Sec. 6 —WCR 74 - G6 r; - - "1- I BASIS of BEARINGS - av N / GALE TON - -- a O I a 4. 8 t E 179;' ). 0 Fourth 51. S89°19.23"E l25" 218.10' ? 6.36 379 U1 V Ex%s/'fg Access I z 0 Scold. House „� `g a 1'086 Pc N o 3 ,� tib ao a N. /97' . o"'e 41- a cotti 4-4 O h S8?°/923"E Cr)r _W ' /56•/C i O A♦• Pins Found NORTHt. ' .44. • PlnstobaSet .P .oeb o Scale !"=200" O & • k �•e� �; O 0 0 ? Or) V O o' o o vti "� Z ki3 , /35' ° �—Lol A t,) S89 /g23'E,SO' \\� Recorded Exempt/or? W ri Proposed Access No. 0801-6-I-RE l56 o�w I N oa 4 / �,. F,,,) tW Qa� p 5 0t!i c(NO O t. o 04 o� O 62 125 h • q N8 Iq°/123'Vv 3,53d PRO POS C D LOT SPLIT iiMilmni moiMMIII 4) I ........ 1 i 4 / - WCR 74 _ — — II__ I _ GALETON 0 D LAGOON SITE 6 T 6/v R64W W VI/ELl3 COUMTY v VICINITY MAP Sca/ r". 2000' October 1) /99l Aft • WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) WK22859 COUNTY OF WELD ) The WELD COUNTY TITLE lUttriMigaixXIMIUM 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 ADDED PAGE ATTACHED CONVEYANCES (if none appear, so state) : Reception No. 1705171 , Book 783 Reception No. 2247608 , Book 1296 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , 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 guarantee Title, and the liability of WELD COUNTY TITLE C M PANY is hereby limitedD U to the thefee paid for this Certificate. In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this certificate to be signed by its proper officer this 25TH day of SEPTEMBER , A.D. , 19 91 . at 7:00 A.M. o'clock. COMPANY- WELD COUNTY TITLE COMPANY B l •rte By: I;4 SIGNATURE • : . • A PARCEL OF LAND SITUATE IN THE NW 1/4 OF SECTION 5 AND IN THE NE 1/4 OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWING: COMMENCING AT THE NORTHWEST CORNER OF SECTION 5; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 119.0 FEET TO A POINT 216.0 FEET DISTANT EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE ABANDONED ORIGINAL MAIN TRACK OF THE PLEASANT VALLEY BRANCH OF THE UNION PACIFIC RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH SAID CENTER LINE OF ABANDONED ORIGINAL MAIN TRACK, A DISTANCE OF 1237.14 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND HERETOFORE CONVEYED BY UNION PACIFIC RAILROAD COMPANY TO ROY H. NIX AND IRENE NIX BY QUITCLAIM DEED DATED JANUARY 8, 1976, AS RECORDED IN BOOK 759, RECEPTION NO. 1679542 OF WELD COUNTY RECORDS; THENCE CONTINUING SOUTHERLY ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 828 .86 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 50.0 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 166.0 FEET DISTANT EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF ABANDONED ORIGINAL MAIN TRACK; THENCE SOUTHERLY ALONG SAID PARALLEL LINE 233 .0 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND HEREFORE CONVEYED BY THE GREAT WESTERN SUGAR COMPANY TO RONALD D. KREPS AND JANET P. KREPS BY QUITCLAIM DEED DATED AUGUST 25, 1978, RECEPTION NO. 2197624, RECORDED IN BOOK 1249 , F0429 OF WELD COUNTY, COLORADO RECORDS; THENCE WEST, PARALLEL TO THE NORTH LINE OF SAID SECTION 6 AND SECTION 5 A DISTANCE OF 266 FEET TO THE NORTHWEST CORNER OF SAID PROPERTY DESCRIBED IN RECEPTION NO. 2197624, WELD COUNTY RECORDS; THENCE NORTH PARALLEL WITH AND 197.0 FEET DISTANT WEST, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1062.00 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND CONVEYED TO ROY H. NIX AND IRENE NIX; THENCE EAST ALONG THE SOUTH LINE OF SAID DEEDED PARCEL OF LAND TO THE TRUE POINT OF BEGINNING. • YiAre� a=.m1: t"; killed of ., o'clock .Q.L�Cit 1976 1-- ., , ' • '783 1'7051'T1 `� O Rec. No. ......._...... .„.,.,,„,•, Mory AnnFeuerstcln, Record 14-4 �RIGINAL C. D. No. 52622-17 f QUITCLAIM DEED • 1 .1. THIS DEED, Made as of the • 26 day of n +� o '\ r 1976 , between UNION PACIFIC RAILROAD }' COMPANY, a corporation duly organized, incorporated and existing under and by virtue of the laws of the State of o Utah, Grantor, and THE GREAT WESTERN SUGAR COMPANY, a f e corporation of the State of Delaware, Grantee: t. 0 WITNESSETH, That the Grantor, for and in considera- r+ tion of the sum of six thousand six hundred twenty-nine dollars and eighty-two cents ($6 ,629 . 82) in hand paid, the receipt 0 whereof is hereby confessed and acknowledged, does hereby n REMISE, RELEASE AND QUITCLAIM to the Grantee, its successors .0and assigns , forever, all its right, title and interest in and to the real estate situate in the County of Weld, State p j of Colorado, described in Exhibit A, hereto attached. Sf 12 This deed is made SUBJECT to the following: All taxes and all assessments, or, if payable in installments , all installments of assessments , levied upon or assessed against the premises described in Ex- c.. `�° hibit A which became or may become due and payable in ill'• the year 1976 shall be prorated as of the date of this ! deed between the Grantor and the Grantee, and the iil ' Grantee assumes and agrees to pay, or to reimburse the Grantor for, if paid by it, all such taxes and • assessments and installments of assessments applicable to the period subsequent to the date of this deed and o d assumes all taxes and all assessments and all install- "' g 4s ments of assessments which may become due and payable after such year. !7 It is expressly understood that the subjacent support • of the premises described in said Exhibit A may have been im- paired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of said premises is upon OP- Jr"--- the condition that a,ntor, its successors and assigns, �q shall not be liap��--•'�'o'14-``itnl es resulting therefrom. Ne %.7.,,f,. 11,/ IN WI Y" • QP; , .he Grantor has caused these presents to be:.csi lar'.i:s •,vice President and attested by its Assistant y,:%afzd its corporate seal to be here- unto affixed bl'; ' y oiidy,ear first above written. Attest: sy'••.• ' UNION ACIFIC RAILROAD COMPANY, (Seal) By A sis ant Secr ary Vice President R A y ego(. , 783 1 7051'71 y-(72 STATE OF NEBRASKA ) ss . COUNTY OF DOUGLAS ) s . The foregoing instrument was acknowledged before me this 27-1?/ day of �� �C'�- , 19 7 , by C. B. SCHAEFER, Vice President of Union Pacific Railroad Company, a Utah corporation, on behalf of the corporation. P0NER�( NOTARY COMMISSION * * EXPIRES r : , �.,, �9 13. l, r, $PS�? C� zttic NotaryPublic h ,F OF l'a v • (Seal) cbs . / `nL° •_". { t\�fy • ..783 s 1705191 �.,_..,1, C. D. No. 52622-17 EXHIBIT A =• N A parcel of land situate in the NWk of Section 18, ...:,'. Township 6 North, Range 64 West of the Sixth Principal Meridian ` ' in Weld County, Colorado, bounded and described as follows : -.,. Beginning at a point on the north line of said Section `• '. 18 that is 100.0 feet distant northwesterly, measured at' right i " angles, from the center line of the abandoned main track of the Pleasant Valley Branch of the Union Pacific Railroad Company as formerly constructed and operated, said point also being 1881.03 feet, more or less, east from the northwest corner of said Section 18; thence S. 24. 521 W., along a line parallel with and 100.0 feet distant northwesterly, measured at right angles, from ; , said center line of main track, a distance of 1208 .0 feet; 1'` i. thence southeasterly at right angles, a distance of s.••. 100.0 feet to a point in said center line of abandoned main `� track; • thence N. 24° 52' E. along said center line of abandoned • '. • main track, a distance of 1253.75 feet, more or less, to a point • in said north line of Section 18 that is 1991.0 feet east from �-- the northwest corner of said section; thence west along said north line of Section 18, a distance of 109.97 feet to the point of beginning. - v Containing an area of 2.83 acres, mnre or less. , Also .a parcel of land situate in the NWk of Section 5 1'i r' ; and in the NEZ of Section 6, Township 6 North, Range 64 West of 'r'1 the Sixth Principal Meridian in Weld County, Colorado, more �• particularly described as follows : Commencing at the northwest corner of Section 5; ,i, thence east along the north line of said Section 5, a distance of 119.0 feet to a point 216.0 feet distant easterly, measured at right angles from the center line of the abandoned ••" original main track of the Pleasant Valley Branch of the Union Pacific Railroad Company, as formerly constructed and operated; , 09783 S1705171 4,' - 2 r•- thence southerly along a line parallel with said center line of abandoned original main track, a distance of 1237.14 feet to the True Point of Beginning, said point being the southeast corner of that 'certain parcel of land heretofore conveyed by Union Pacific Railroad Company to Roy H. Nix _and Irene Nix by Quitclaim Deed dated January 8, 1976, UPRR Co. L. S. D. A. No. 4381; thence continuing southerly along the extension of the last described line, a distance of 828.86 feet; thence west parallel with the north line of said Section 5, a distance of 50.0 feet to the intersection with a line parallel with and 166.0 feet distant easterly, measured at right angles, from said center line of abandoned original main track; f- ththomceomouther]ai namcaiFiazaari0 ileIilifincatohahsolsouth thence west along said south line to the west quarter corner of said Section; thence continuing west along the east-west center line of said Section 6, a distance of 197.0 feet; thence north parallel with and 197.0 feet distant west, measured at right angles, from the east line of said Section 6, a distance of 1410.22 feet, more or less to the southwest corner of said parcel of land conveyed to Roy H. Nix and Irene Nix; thence east along the south line of said deeded parcel of land to the Trud Point of Beginning. Containing an area of 9 .56 acres, more or less. . - •- 4 . • • •, ! '.•%\\ , .• l ri. 4.. D 1296 kEr •247608 C4 / 19/91 11 : 08 410. 00 / 602 T ` ^ i. 1110 MARY ANN FEUFP; TLLN CLERK e. RECORDER kLLL Cu, CO i'c'�Ill.,,;t' DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 90 CV 942 Division II LIS PENDENS GALETON WATER AND SANITATION DISTRICT, a special district organized under the laws of the State of Colorado, 'Petitioner , vs . GREAT WESTERN SUGAR COMPANY, a corporation of the State of Delaware , WESTERN SUGAR COMPANY , a corporation of the State of Delaware, GLEN ROUSE and PEGGY WYKES ROUSE, ROBERT C. BOWERS and RUTH ELAINE LEE, and all other persons who claim or may claim an interest in this action, Respondents . This action has been commenced to condemn the following described property for the benefit of the Galeton Water and Sanitation District : A parcel of land situate in the NW1/4 of Section 5 and in the NE1/4 of Section 6 , Township 6 North, Range 64 West of the Sixth Principal Meridian in Weld County , Colorado, more particularly described as following : Commencing at the northwest corner of Section 5; thence east along the north line of said Section 5 , a distance of 119 .0 feet to a point 216 . 0 feet distant easterly , measured at right angles from the center line of the abandoned original main track of the Pleasant Valley Branch of the Union Pacific Railroad Company , as formerly constructed and operated ; thence southerly along a line parallel with said center line of abandoned original main track , a distance of 1237 . 14 feet to the True Point of Beginning, said point being the southeast corner of that certain parcel of land heretofore conveyed by Union Pacific Railroad Company to Roy H . Nix and Irene Nix by Quitclaim Deed dated January 8 , 1976 , as recorded in Book 759 , Reception No. 1679542 of Weld County Records; thence continuing southerly along the extension of the last described line, a distance of 828 . d6 feet ; 4 ,z,< rJ :>t ��il� . • .. • : I PEC 02247L08 04/ , c,/ 1 11 : OR : 1C. 00 • /U02 [ ! '. : : NiIR1 r,hk t i.l'Ei?STF J N CLERK 6 RE(.' EF WELD CC , CO thence west parallel with the north line of said Section 5 , a distance of 50 . 0 feet to the intersection with a line parallel with and 166 . 0 feet distant easterly , measured at right angles , from said center line of abandoned original main track; thence southerly along said parallel line 233 . 0 feet, more or less to the Northeast corner of that certain parcel of land herefore conveyed by The Great Western Sugar Company to RONALD D. KREPS and JANET P. KREPS by quitclaim deed dated August 25 , 1978 , Reception No. 02197624 , recorded in Book 1249 , F0429 of Weld County , Colorado records ; thence West , parallel to the North line of said Section 6 and Section 5 a distance of 266 feet to the Northwest corner of said property described in Reception No. 02197624 , Weld County Records ; thence north parallel with and 197 . 0 feet distant west , measured at right angles , from the east line of said Section 6 , a distance of 1062 . 00 feet , more or less , to the southwest corner of said parcel of land conveyed to Roy H. Nix and Irene Nix ; thence east along the south line of said deeded parcel of land to the True Point of Beginning. Containing an area of 7 . 46 acres , more or less . Subject to right of way for Weld County Road 51 , and right of way for electric power lines , telephone lines , and other utility lines in place. Dated this day of March, 1991 . R . Russell Anson , *5672 1011 Eleventh Avenue P . O. Box 326 Greeley, CO 80631 Telephone: 353-5508 2 • • ' _ a B 1296 REC 02247608 04/19/91 11: 08 510.00 1/002 F 1110 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • AR2247608 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 90 Cv 942 Division II LIS PENDENS GALETON WATER AND SANITATION DISTRICT, a special district organized under the laws of the State of Colorado, Petitioner, vs. GREAT WESTERN SUGAR COMPANY, a corporation of the State of Delaware, WESTERN SUGAR COMPANY, a corporation of the State of Delaware, GLEN ROUSE and PEGGY WYKES ROUSE, ROBERT C. BOWERS and RUTH ELAINE LEE, and all other persons who claim or may claim an 4 interest in this action, Respondents. This action has been commenced to condemn the following described property for the benefit of the Galeton Water and Sanitation District: A parcel of land situate in the NW1/4 of Section 5 and in the NE1/4 of Section 6, Township 6 North, Range 64 West of the Sixth Principal Meridian in Weld County, Colorado, f more particularly described as following: Commencing at the northwest corner of Section 5; thence east along the north line of said Section 5, a distance of 119.0 feet to a point 216.0 feet distant easterly, measured at right angles from the center line of the abandoned original main track of the Pleasant valley Branch of the Union Pacific Railroad Company, as formerly constructed and operated; thence southerly along a line parallel with said center line of abandoned original main track, a distance of 1237.14 feet to the True Point of Beginning, said point being the southeast corner of that certain parcel of land heretofore conveyed by Union Pacific Railroad Company to Roy H. Nix and Irene Nix by Quitclaim Deed dated January 8, 1976, as recorded in Book '59, Reception No. 1679542 of Weld County Records; thence continuing southerly along the Extension of the last described line, a distance of 828.86 feet; t • 8 1296 REC 02247608 04/19/91 11:08 a 10.00 2/002 F 1111 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO thence west parallel with the north line of said Section 5, a distance of 50.0 feet to the intersection with a line parallel with and 166.0 feet distant easterly, measured at right angles, from said center line of abandoned original main track; --o thence southerly along said parallel line 233.0 feet, • more or less to the Northeast corner of that certain parcel of land herefore conveyed by The Great Western Sugar Company to RONALD D. KREPS and JANET P. KREPS by quitclaim deed dated August 25, 1978, Reception No. 02197624, recorded in Book 1249, F0429 of Weld County, Colorado records; thence West, parallel to the North line of said Section 6 and Section 5 a distance of 266 feet to the Northwest corner of said property described in Reception No. 02197624, Weld County Records; thence north parallel with and 197.0 feet distant west, measured at right angles, from the east line of said Section 6, a distance of 1062.00 feet, more or less, to the southwest corner of said parcel of land conveyed to Roy H. Nix and Irene Nix; thence east along the south line of said deeded parcel of land to the True Point of Beginning. Containing an area of 7.46 acres, more or less. ' Subject to right of way for Weld County Road 51, ar_d right of way for electric power lines, telephone lines, and other utility lines in place. Dated this /•h 'day of March, 1991. > > R. Russell Anson, #5672 1011 Eleventh Avenue P. O. Box 326 Greeley, CO 80631 Telephone: 353-5508 2 Hello