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993151
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DEPARTMENT ERVICES
RECORDED EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Edward & Debra Leners I Case Number: AmRE-1410 I Planner: ko
Legal Description: Lot B of RE 1410, SE4 Section 24, Township 6 North, Range 65 West of the 6th
P.M., Weld County, CO
Parcel Identification Number: 0803 24 000028
Lot C Size: n/a Lot B Size: 78+/-acres Lot A Size: 2+/-acres
Water Source: North Weld County Water District/ Sewer Source: Septic System
Private Well
and
Meets Criteria Criteria Checklist
Yes No
X 1. Conformance with the Weld County Comprehensive Plan and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County
Subdivision Ordinance.
X 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 Section 11.4.2.1 through
11.4.2.6 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.
1. 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 (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. Due to the prime agricultural soils on Amended Lot B, the applicant shall submit a proposed building
envelope to the Department of Planning Services for review. Upon approval by the Department of Planning
Services, the building envelope shall be delineated on the plat.
B. The applicant shall utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your
agricultural operation. No additional accesses shall be granted.
cJ�— .3/6
110.
C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Public Works Department to determine if a culvert is necessary at any approved access point. If a drainage
culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger
culvert, please contact the Public Works Department to adequately size the culvert.
E. WCR 49 is designated on the Transportation Plan Map as a local gravel road, which requires 100 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline
of Weld County Road 49 right-of-way reservation for future expansion of Weld County Road 49 shall be
delineated on the plat.
F. WCR 66 is designated on the Transportation Plan Map as a local gravel road, which requires 100 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline
of Weld County Road 66 right-of-way reservation for future expansion of Weld County Road 66 shall be
delineated on the plat.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld
County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the
future right-of-way line.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Staff supports this application for Recorded Exemption however subsequent Recorded Exemptions
on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption
process.Approval of this Recorded Exemption does not guarantee approval of future applications
on adjacent properties.
4) Prior to the release of building permits the applicant shall submit evidence to the Department of
Planning Services that amended Lot B has an adequate water supply of sufficient quality, quantity
and dependability.
5) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. The rural areas
of Weld County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; dust from
animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
a
removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
6) Prior to the release of building permits on Amended Lot B, the applicant will be required to submit
a recorded deed describing the lot upon which the building permit is requested with the building
permit application. The legal description on such deed shall include the lot and recorded exemption
number.
7) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Ordinance 169A.
3. 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.
4. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions. Should an
applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case
will be forwarded to the Board of County Commissioners with a recommendation for denial.
By Date September 2, 1999
Kim Ogl v Planner
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Item Comments Check
Proper size of plat y(TC3611 or 18"X 24"
Boundaries of Lot(s)
Scale l 13c.x.2 Suitable Scale? (Approx. 1"=200'or 1"=100')
Access indicated , Shared access? If so, is Easement Certificate ,,
included?
Roads labeled, including R.O.W.
Building Envelope(s) ---
Vicinity Map Suitable Scale?(Approx. I"=2000'); Not on SE ,.--
Notes from Planner/ Acceptable on sticky-back adhesive paper /
Development Standards
Conditions Of Approval completed?
I Co
North Arrow ,-----
Legal Description
Owner's Certificate Notarial Certificate included? If deed indicates
two owners,have both signed the plat?
Surveyor's Certificate, Surveyor's stamp All surveyed plats ----
Note: USR plats do not need to be surveyed
Director of Planning Certificate Tibial Certificate included?
.E, SPR, Final PUD, if Staff Approved)
Planning Commission Certificate (USA's, COZ,)
Board Certificate (USR's, COZ, Final PUD but not if it was Staff
approved) *RE, SE&ZPN411, if Board approved.
Typical Road Cross Section If a COZ, Final PUD
Easements If Final PUD
Please returnrthe plat to David Lucero within 24 hours of receiving the plat.
Planner Signature: ., Date: 4//
,
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICL..
-- PLEASE TAKE THIS SUP TO THE FRONT DESK --
DATE I R 5
1,..)or 6..vg,,_s )
RECEIVED FROM
NO. TYPE PEES
4221-HEISE 4MR0 -�9(O fg"
422 -ZPMHIMHZPIZPAO
4221-USR
4221 -SITE PLAN REVIEW
4221 -COZ
4221-PUD
4221-SUBDIVISION
4221 BOA
4221-MINOR SUB
4221-FHOPIGHDP
4221-REPLAT
60-RECORDING FEED
rq k3vumt _/I
4430-MAPSIPUBLICATIONS
4730-INVESTIGATION FEE
4430-POSTAGEIHANDLING I
ON-CALL PLANNER / / � I / �j 1
® CASH * 'J L{L /J
HECK NO- 3 TOTAL
RECEIPT # 1/ ` . 1 O "'
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DEPARTMENT OF PLANNING SERVICES
LI% 1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, 0 3540
304-6498Fax(970)
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COLORADO
August 10, 1999
Edward & Debra Leners
c/o Wayne Howard
907 30th Ave, Suite 105
Greeley, CO 80634-5100
Subject AmRE-1410 - Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Mr. Howard:
Your recorded exemption application is being processed. 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 City of Greeley Planning Commission for its review and comments. It is recommended that you and/or
a representative be in attendance at the City of Greeley Planning Commission meeting to answer any
questions the Commission members may have with respect to your application. Please call the City of
Greeley at(970)350-9780, for further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
k •
Kim Ogle
Planner
• •
FIELD CHECK inspection date: September 1, 1999
CASE NUMBER: AmRE-1410
APPLICANT: Edward and Debra Leners
LEGAL DESCRIPTION: Lot B of RE 1410 SE4 Section 24, Township 6 North, Range 65
West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to WCR 66; West of and adjacent to WCR 49
Zoning Land Use
N A (Agricultural) N hay
E A (Agricultural) E vacant land
S A (Agricultural) S hay /alfalfa
W A (Agricultural) W farmstead and hay
COMMENTS:
• newer two storey house with 3 car garage
nicely landscaped, gravel drive
oil and gas appurteneces throughout property
especially where BE is proposed
land is presently in alfalfa /hay
Kim Ogle, Planner
fet
APPLICATION FLOW SHEET
COLORADO
APPLICANT: Edward and Debra Leners CASE #: AmRE-1410
REQUEST: Two-Lot Recorded Exemption
LEGAL: Lot B of RE 1410, SE4 Section 24, Township 6 North, Range 65 West of the 6th
P.M., Weld County Colorado
LOCATION: North of and adjacent to WCR66; West of and adjacent to WCR 49
PARCEL ID #: 0803 24 000028 ACRES: 158+/- acres
Date By
Application Received 08-09-99 eaj
Application Completed 08-10-99 ko
Referrals listed 08-10-99 ko
File assembled 08-10-99 pil
Letter to applicant mailed 08-10-99Sill
Vicinity map prepared
Referrals mailed 08-10-99 or(
Chaindexed 08-09-99 ko
Field check by DPS staff g Nor!gA ! '1
Administrative Review decision: GVp..c 7W,( 9/2-(40
(/ Date By
County Commisioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared S—((' 94 .A -U.
CC action:
CC resolution received
Recorded on maps and filed 9—Zaj-C C T -L7. t -
Overlay Districts
Zoning _Ag_
Airport Yes_x_ No
Geologic Yes_ No_x_
Flood Hazard Yes No x
Panel#: 080266 0627 C
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Planning File Flow Sheet ctsi 14(0
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• PARTMENT OF PLANNING SERVICES•
Weld County Adminis rative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 - Fax# (970) 352-6312
APPLICATION FOR RECORDED EXEMPTION
Application Fee I R Receipt Number Case Number Men S4-IO
Recording Fee ( I Receipt Number Zoning District
Application Checked By F A J Planner Assigned to Case
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:Lot B RE 1410, SEq 24,T6N,R65Wrotal Acreage: 158.0 Zoning Aq
Parcel Number: 0 8 0 3 2 4 0 0 0 0 2 8 (12 digit number - found on Tax I.D. Information or
obtained at the Assessor's Office).
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 xx No
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No x ; Airport: Yes_ No,x ; Geological Hazard: Yes No x
FEE OWNERS OF PROPERTY
Name: Edward C. & Debra A ipnprR Home Phone# 352-0035 Work Phone# . „
Address: 32485 WCR 49 City/State/Zip Code Greeley, CO 80631
Applicant or Authorized Agent: Wayne Howard Phone# 153-0982
Address: 907 30th Ave. Suite 105 City/State/Zip Code creel ey, CO 80634-5100
Name: Home Phone# Work Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Water Source Water Tap/ Well NWCWD Tap/Well
Type of Sewer Septic Septic
Proposed Use Agricultural Agricultural
Acreage 80.0 78.0
Existing Dwellings YES NO
Yes or No
Existing Dwellings Address (if applicable):
Larger Parcel N/A Smaller Parcel 32485 WCR 49
Smaller Parcel (applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to
the best of my knowledge. �
Rev: 1-27-97 i atur Owner or Authorized Agent
5
RECORDED EXEMPTION QUESTIONAIRE
Lot B of RE No. 1410
Part of SE '/ Section 24, T6N, R65W
Property line Adjustment
1)a) Domestic Use: The smaller parcel has the ability to get a domestic well since it is
over 35 acres or a domestic water tap from the North Weld County Water District.
The larger parcel will remain irrigated land and will also be large enough to apply for
either a domestic well or water tap if necessary. The existing subdivision exemption
on the larger parcel currently has a NWCWD water tap. The letter from NWCWD
indicates the availability of water tap.
b) Irrigation Water: The larger parcel will remain sprinkler irrigated farm land utilizing
the existing water rights from existing irrigation wells. The smaller parcel will be
also remain sprinkler irrigated utilizing the existing irrigation wells.
2) The smaller parcel currently has no existing residence and therefor no approved
septic system. The larger parcel has a residence and an approved septic system as
required by the Weld County Health Department.
3) The larger parcel is currently being operated_as a sprinkler irrigated farm. It consists
of approximately 65 acres of prime farmland and 15 acres of non-prime farmland of
which the principal residence is located. The smaller parcel consists of
approximately 65 acres of prime farmland and 13 acres of non-prime farmland as
defined by the Weld County Comprehensive Plan.
4) The reason for the proposed recorded exemption is simply to readjust the property
4�, z boundary that was incorrectly advised at the time of the original RE application. (See
`7 attached letter.) This will allow for a recorded exemption application for the existing
subdivision exemption.
5) The subject parcels are located north east of Greeley on the west side of Weld County
Rd 49 approximately%mile south of Hwy 392. The smaller parcel will be
approximately 78.0 acres, while the larger parcel will be approximately 80 acres.
The area in which the new parcels will be created consists of predominately irrigated
farms from 80-160 acres with some scattered small rural residential 5-10 acre tracts.
6) There are no unique physical characteristics on the site that need to be addressed.
7) There are existing improvements that are located on the larger parcel which meet all
required setbacks. The improvements will not be impacted or effected negatively by
making the existing parcel smaller. Any future improvements would be required to
meet any setback requirements at the time building permits are applied for.
8) The owner's do not wish to pursue a conservation easement at this time.
9) A building envelope will established for the smaller parcel in the southeast corner of
the center pivot sprinlder, which is presently non-irrigated. The larger parcel will
retain the existing subdivision exemption for the existing improvements for the
present time. No prime agricultural land will be taken out of production. The larger
parcel has an existing residence and one additional potential building site that will not
detract from its agricultural production.
10) The proposed partitioning of this property is consistent with the Weld County
Comprehensive plan and will not detract from any long-range goals or any other
intergovernmental agreements.
11) The proposed uses of all parcels will be compatible with existing surrounding land
uses. The proposed smaller parcel will utilize the highest and best use of the non-
farmed sprinkler corner. The larger parcel will continue to be used as sprinkler
irrigated agricultural farmland, but will allow the existing improvements on the
subdivision exemption to become a recorded exemption, to allow the residence to be
split from the farm land.
12) The proposed partitioning of the property is consistent with the intent of the
agricultural district as expressed in the amended Weld County Zoning Ordinance, and
the Weld County Comprehensive Plan. All parcels will remain zoned agriculture and
will allow utilization of each parcel's highest and best use. -
13) The proposed partitioning of the property is consistent with efficient and orderly
development as defined in the Weld County Subdivision Ordinance, Section 1.3. It
will not create any known hazards or environmental problems to the community.
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Name: Et? �r 6c LCN S
Legal Description: 504 .24 Cos Acres
Type of Application: ko ttie `mo 4CJ�Sj
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QUESTIONNAIRE
ROAD ACCESS INFO.
WATER LETTER no
SEWER/SEPTIC 964"11
CERT. CONVEYANCES
PLOT PLAN `'(Lc '
PART OF PREVIOUS
RECORDED EXEMPTION?
MULTIPLE DWELLINGS? I bU L A
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BEFORE CONDITION
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Lot B Amended RE 1410
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• REFERRAL LIST •
NAME: Edward and Debra Leners CASE NUMBER:AmRE-1410
REFERRALS SENT:August 10, 1999 REFERRALS TO BE RECEIVED BY: September 1, 1999
COUNTY TOWNS and CITIES
Attorney Ault
Health Department- Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
Public Works:_X_Don Carroll Ron Broda ✓ Erie
Housing Authority Evans
Airport Authority _Firestone
Building Inspection Fort Lupton
Frederick
STATE Garden City
Division of Water Resources Gilcrest
_Geological Survey _X_Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
_Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
West of 1-25 (Loveland) Lochbuie
_X_East of 1-25(Greeley)V Longmont
_Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 z _Pierce
X_Eaton F-4 Platteville
_Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
Central Cob.Water Conservancy Dist. _X_Greeley
Panhandle Eastern Pipe Line Co. Longmont
X_School District RE-2 West Adams
Ginny Shaw(MUD)
Ditch Company COMMISSION/BOARD MEMBER
• •
RECEIVED
AUG 13 1999
PUBWLIELCWORKS DEDCOUNTV PT Weld County Referral
August 10,
C.
COLORADO 1999
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
Please Reply By September 1, 1999 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49
Parcel Number 0803 24 000028
a „
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
. r ,/,-, . • ..-; _ - - - , -t--r:
Signature tS 8- t 8- plc\
Agency h C G Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
• •
1 i • 16 MEMORANDUM
ess-
TO: Kim Ogle, Planner DATE: August 19, 1999
wilk FROM: Donald Carroll, Engineering Administrator Ott SUBJECT: AmRE-1410; Edward and Debra Leners
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 49 is designated on the Transportation Plan Map as a local gravel road which requires 60 feet or right-of-way
at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
WCR 66 is designated on the Transportation Plan Map as a local gravel road which requires 60 feet or right-of-way
at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The applicant shall utilize the existing access to this parcel as no additional accesses shall be granted. (Lot B, 80-
acre parcel)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted. (Lot A, 78-acre parcel)
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds.
cc: AmRE-1410
planl4
?tarirOk :,�r
pUG 23 1999
RECEIVED
Road File #
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: August 3. 1999
933 North 1 Ith Avenue, P.O.Box 758, Greeley, CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2868
Applicant Name Edward C. & Debra A. Leners Phone 352-0035
Address 32485 WCR 49 City Greeley State CO zip 80631
2. Address or location of access 32485 WCR 49
Section—24 Township 6 North Range 65 West
Subdivision Block Lot
Weld County Road # 49 Fact Side of Road 7500' NDistance from nearest intersection WCR 66
3. Is there an existing access to the property? Yes X No #of accesses 4
4. Proposed Use:
❑ Permanent Residential/Agricultural ❑ Industrial
0 Temporary ❑ Subdivision 0 Commercial 0 Other
*****************************t*************tit***t****t***************************************************
5. Site Sketch
Legend for Access Description:
AG= Agricultural * Gb�t k
RES = Residential * ,4 ■t�tD�°*
O&G = Oil& Gas air
D.R. = Ditch Road
i7 WCR 49
� RFs
e o
ric2"6H
***********************************************************************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
• 'Load File# 4`` /.t
• RE: AM, iZE '4i0
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 8 _ (a- 2 1
933 North 1 Ith Avenue, P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868
1. Applicant Name Phone
Address City State_Zip
2. Address or location of access
Section' Z4- Township & Range
Subdivision Block Lot
Weld County Road # Side of Road Distance from nearest intersection
3. is there an existing access to the property? Yes No #of accesses
4. Proposed Use:
Permanent 0,Residential/Agricultural ❑ Industrial
0 Temporary ❑ Subdivision ❑ Commercial ❑ Other
♦******4**t********************4*********4************4***********4**************4**4**********************
5. Site Sketch
Legend (or Access Description:
ARG = Argricultural
RES = Residential •
O&G= OH&Gas
D.R. = Ditch Road
O = House
❑ = Shed or Outbuilding c
'NIg_mil- (s-
p,
f C,
Li
g 2
v cr:
I I
OFFICE USE ONLY:
Road 41-q ADT I a—I Date 19 U, '-1 Accidents 7 Date
Road (o 0 ADT ' E . Date ° `'I Accidents / Date 11-
Drainage Requirement Culvert Size Length
•
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title: •
m:wpfi lcs\eng i ncer\access
•
Edward C. & Debra A. Leners ?' r
4-PICK Cod i7(6i✓ F
2
Section 24,T6N,R65 W
Subdivision Exemption
N1/2SE1/4 3
i
`Ma`cc�."dr
I
i
Lot B Amended RE 1410
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2!
F,
0 199S DeLorma. Street Aga USA a
MEMORANDUM
TO: Kim Ogle DATE: August 23, 1999 FROM: Sheble McConnellog e, Environmental Health
•
COLORADO SUBJECT: Leners, Edward & Debra
CASE: AmRE-1410
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
sm/478
• •
Kil Ect(te: :,
l
Weld County Referral
WiC. August 10,
COLORADO 1999
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
•
Please Reply By September 1, 1999 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49
Parcel Number 0803 24 000028 €
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
CIhave reviewed the request and find that it does/does not comply with our Comprehensive Plan
avirtie
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
Signature \sa S , f .sot 9
Agency Des5 Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
09-01-1999 08:56RM FROM EatonRE2 TO 93046498 P.02
•
•
An Ggggg
J•. 7439
v
Weld County Referral
WII1c9.
August 10,
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
Please Reply By September 1, 1999 Planner Kim Ogle I
Project Two Lot Recorded Exemption
Legal Lot S of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49
Parcel Number 0803 24 000028
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Ei We have reviewed the request and find no conflicts with our interests.
Q See attached letter.
Comments:
Signature
Agency rsis.r.rwzr RL-a Date
*Weld County Planning Dept. 01555 N. 17th Ave_Greeley,CO.80631 *(970)353-6100 ext.3540 0(970)304-6498 fax
TOTAL P.22
09-01-1999 09:55AM FROM Eat onRE2 TO 9304649E P.01
w ' .
200 Park Avenue
Eaton.CO 80615 a 7) ,:in + r��
(970)454-3402 " + a 1�r x rd -, h ,^
(970)454-2e85 Fax I I 4 .� �1 a� r
�
al! diteUtal
Fax
To: Kim Ogle—Weld County Planning From: Tim Unrein
Fax: (970) 304-6495 Pages: 2
Phone: (970)353-6100 Date: 09/01/99
Re: Weld County Referral Response CC:
0 Urgent P1 For Review ❑ Please Comment ❑Please Reply ❑Please Recycle
Attached please find our response to the Weld County Referral on the Edward& Debra Leners Two Lot
Recorded Exemption.
Let me know if you have any questions.
Weld County Referral
illik August 10,
1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
Please Reply By September 1, 1999 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49
Parcel Number 0803 24 000028 .,_
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
WSee attached letter.
Comments:
Signature +— P ` ' j S�
Agency C oL 6rQ4 . ��r � y s Date
+Weld County Planning Dept. 4•1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
•
•
OFFICE OF COMMUNITY DEVELOPMENT
City o 1100 10TH STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX (970)350-9800,
Greeley
August 19, 1999
Kim Ogle
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Subject: AmRE-1410, Edward and Debra Leners
Dear Ms. Ogle:
Thanks for the opportunity to review this recorded exemption. The City of Greeley Planning
staff has reviewed the application for a recorded exemption from Edward and Debra Leners,
located northwest of the intersection of WCR 66 and WCR 49 and wish to forward the following
comments.
Resolution 7, 1985 by the City of Greeley Planning Commission gave administrative review
authority to the Greeley Planning staff for review of recorded exemptions (RE). The resolution
indicates we cannot recommend approval on any application where the overall gross density
exceeds one dwelling unit per 20 acres outside of the 2010 growth ring. Since this application
creates two lots through the exemption process on a 158 acre parcel, we can recommend
approval of the request based on Resolution 7. The Greeley Public Works Department noted a
reservation of a minimum of 50' of right-of-way from the centerline of WCR 66 and WCR 49
would be appropriate to facilitate future development of this area if the proposal is approved.
Also, the appropriate setbacks under the applicable zone should also be maintained within the
subdivision.
Sincerely,
_ Planning Dep..
Michael Whitley
Planner I
AUG 23 1999
RECEIVED
J
Aug-26-99 04 :OOP Fage rg Produce 970.34- 1434 P . 02
i&talpui‘tic'
eld Count
W y Referral
CAugust 10,
1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
Please Reply By September 1, 1999 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49
Parcel Number 0803 24 000028 _ •
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Q We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests,
❑ See attached letter.
Comments:
•
Signature tATON FIRE Pn T. 1ST f" A41- ft
Agency by Unic.'iit/ / 49af/m& - Date
*Weld County Planning Dept. ♦1555 N. 17th Ave. Greeley,CO.80631 9(970)353-6100 ext.3540 4(970)304-6498 fax
Rug 25 99 02: 1Op Di ion of' Wildlife 1 -40-352-2143 p. 3
(/"Th*: ‘,
w Weld County Referral
111111111e. August 10,
1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
Please Reply By September 1, 1999 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49 •
Parcel Number 0803 24 000028
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation, Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
21. We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
•
Signature 1n \ (tarn, ko�s � 151Cr
� Date
Agency Dirlsic� o W1 oI a
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
• er7 u.t c r✓�.c.
51;
Weld County Referral
August 10,
COLORADOC. 1999 ;,; ; i�,
r.t - ` N/am
The Weld County Department of Planning Services has received the following item for review:
Applicant Edward and Debra Leners Case Number AmRE-1410
Please Reply By September 1, 1999 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal Lot B of RE-1410; SE4 of Section 24, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to Weld County Road 66; west of and adjacent to Weld
County Road 49
Parcel Number 0803 24 000028 ,
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Er We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature I 8 / /q?
Agency 60C.56 C.4 Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
a • •
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Transnation Title Insurance or Abstract 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,
and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
Lots A and B of Recorded Exemption No. 1053-24-4-RE1410 recorded May 1, 1992 in Book 1334 as
Reception No. 02286388,being a part of the SE Y.of Section 24,Township 6 North,Range 65 West of the 6th
P.M.,County of Weld, State of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1176905 `I Book 1384
Reception No. 1005513V Book 684
Reception No. 1680237 V < Book 758
Reception No. 1680238 j Book 758
Reception No. 2288514i Book 1336
Reception No. 2288515✓ Book 1336
Reception No. 2288516 J Book 1336
Reception No. Book
Reception No. Book
Reception No. Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title
and the liability of Transnation Title Insurance company, is hereby limited to the fee paid for this Certificate.
In Witness Whereof,Transnation Title Insurance company,has caused this certificate to be signed by its
proper officer this 12th day of July , 1999, at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
By
Authorized Signature
- _._ � V T , lf�.:a.\uR. as m•ii... 1,'15i.d-;
'•. '.Errol.i..... ._ .. ''.mot ';
lop1384 it 5 2 pi.18 s e s
P ~loon all 17r„9Pi a JM la tram. J
t aa,t►.,Ma 1St► a, of larch la ' ,ti
yet der Lard.rla..a•d sew larglinetaad fifty-four have
JCg{P/ PL00SNY alit AND ►A! MIIISW
d the Coma 1i Weld r ate el c.a.s..d the
Wee pan and Oa= J. WILLkR AID JL3SIN I. $IIJ.SI
ddm Rind►td Weld .r dad Cass de.
.err part: '
wrrintsarral vim se ate parties W ih.Ma pen kw r a evr ldas.ar of a ma d
otter alwole eunaid•ratlues and Ton DOLLARS
•:e the. d pan as•Sad a.are pert a Sand pad b the eM penal et the war pai. W near lard It
heeAy sedate.• N ea ad., eerkf ha IV rasa b.,..s . .W bed c..n ed ad by Freest. b .
.O toast. Writ all,east.,r t efra wo en ma wWs o•the nerd ^n r ran will r .lama r mew
Go is✓r mat the farther et saw Mb eider end the hewn and a..•sr.of.at eater lar.n el the lob
brag de.aa f let or pared el had.seas,kir a..d War a re
Canty d geld sad Raft d Cebwia te..tt
Tin Southeast q aflar (Sit) of lection.T•snty-four (214), Toy/whip
Six (6) North, game Sixty-rive (65) West or We 6th P.1.; to •
-
' getoar.with all eater rights and rights to the use us• of eater 150
for irrigation and doaatis purp,as and particularly teal.. (12)
chars of the capital stook of The no Cache la foudr. Irrigating
co-pang, sixteen (16) shares of the espial stook of Vs Cache
la poudn ge.sr.oir Company and one and on•-half (1-1/2) shares 71
of this capital Kock of The Union Uteri Irrigating Coapaoy,
•
f tog•tner with 60 men-feat of eater allocated frost Northern
l Color do later Cona•rtancy District by Instrument recorded in ) i
Book , Page , Weld County ',cords. .
L4 ��
11 e-4) TOGETHER sob all and avatar the h..rdaawnt• ad a astir knee. themes. .eloyf _, ae a um roe
appointors.. and the rnrr..w and ream-rev r.namder a.d .. ..,Wars, rr ' moot. pa and;.. art podia and; r' 'l
all the mote. right ink.weee.L drys sad Armond r ts.rat ,d . ...t pan Leg of Ow fret pat ear a
Ia. .sa toet, d. soda to the we apa.d amain.. fat i.er.dMa.n.nt. as r wmeaa...
TO HAVE AND TO HOLD the said pinata. above herasw.d and A .. ns . ar dncree with ..pksert. the
sad panic.W the .Woad pan. the earner.of the thew g.\�ma ft hen. W naafi se .wrh .rneor lee-
a.er, Aid the .aid patlea of t e firs pan.for halal tea.tnia a awi ada nr-
.. Sea . de ttI
. .moat. rant hernia sadagreeto wad wi
hernia agree rah nil owl arr.: Ow wormy. pan rw al kw .h. she . .. r at
a...w.w thr Woe.tN asset d al�).areaa,Char at the hen W ihe....-1i.. wi deh.erea.d law Peeea.a
ut.y ad...n .mete ads resales able er.nened a. W pate. ..... pedeet ah.i.n r Seefaeik sae
., insSamara..in law.a fee sa•nk.W h. V• • od rytht. full awn wed held tethray aaw Saul.r •
sell W roeny.the leas in seller r for.afore ro.eat that the .sae art free W clear kaa es leers cad
otter graatt barns, Sea, Rees yea. beeess wl. lid ineurnarances W whatever kiwi at aee earret•x-
oapt any valid Rights of gay of record; reservation• and exceptions `
in O.S. Patents and Oil and Gas Lease ••carded in Book 1360. Page 353i '
Weld County Records
and the .I..tr Wrplai pram. is the rat and In en hie 1- ....n Sad the .aid tract... of the read pan Om
• • W thew. Mee aeteY W the hews W want of with owns*.natal all ad envy peas or pear
lawfully chiming or to cam W wok or any part thrtM,Ste rail part la s of the first part all ad.i
u tNFU\I AND FOREVER DEFEND.
IN WITNESS WHEREOF.the N S pan 1e111 the L... Pert ha ve hnnwtm w.t hat Y had • and tt
teal a the day W year lint shows written.
•
S.gi.ed. S..kd and D.Rmed in the Yreaewce d HAS)
-. __ -_ _ - __ -__- _ 4-C `t.f-IV (SEAL)
1 •
STATE OP COIAEADO.yy ' c
cmtli�.r -h.0 The b.gd. irtemwt r e aekwwleWrd Wfoes me thin lJth. -. day of
•
'1' rs Jl - larch _•u54 i•Jog5Yh._Raggoner llflsr.snd ./
= '�' glas kill.y and_�0q of tie. — ---- a
'Wks=ley—lies tea ::. Sea - ----
�i e41/ ./. f MOO
W ARRAMTd •p-'th Selo Tama-elsVes marry.6rehr.CdsNs
. _
s- -
7 ... •4/ t� n , ,°
t1; Nsa$i.n Na. 141055151.— - . ....__.�.. Recoder. e1-4 ,
r
Gehlen r• Miller end Stele E. Miller 2—/ •
p F
re I ---
=----CSS"A----- ht.
Fee '
�, whose address ia Route 1,"Box 103, Greeley1
a
i rt+ Count?of Weld ,State of
rn I f sr, I Colorado , for the consideration of other e
11
and
O 11 collars.m hand valuable
paid,hereby sell(an and convey(x) to II
r I a
.', it B. E. Etherton • ,I
4 a- II whose address is 1841 Plnecrest Lane, Greeley County of I e
I e
a I Weld ,and State et Colorado the following real property in the I a
O • o
.. II County of Weld ,and State of Colorado,to wit: 1 in R.
r
II iu, I
:, I See schedule attached R
i
II
.i P. , , 1,
t• ' I it t
It
I.
1 "'gnu.anis 15th day of Jan e 19 ��0�
1 Geh en J.�tM`-ilWjrZ ..le �(.rtiL
F
('' '�DJec&) I
t I STATE OF COLORADO, l,
le E. Miller
i . I County of 'Mold
�! 1 ':3toregoing lnstranent was acknowledged before me this I5th
;, I "�.vl 11Pn t ,.1973 .by Gehlen J. Miller and Jessie E. Miller
t iai O-0-0. .
1 J. ',PAafpyt Ialtepikea 9—/3-75-
*7 �m ` dand official seal. ( I ` % 4. >'
i 1 - :..., w :ottirle.s ,yr st r i
If-t -' stmomel tes p.S a,M.-If tr eat a dr t patrons cv law or nmee Jr u ,In np Lure x
McW a➢eaca or y.por.to intact met name name er p lw attorney-In 4et WLv Ia... ee,v� i'y gi
i s _ penhm nine Itu terPar aon Wm bvt name ok.oela fax ef%.. Y tin Pre"4.a etWt offlW.K aueL oe62Ma: ✓ t
tr _i SLff tl
Nc.tin Wan LN-sb..t Rr.•-set tail tCaB.Ikli-anWb,d � •k :� I<IJYtky ri lYFM Mort 9•�`X. ".fb. '19y .g.- Y F'
43
,sc..V +.sr , _ ams Fv , p.* *, , , uw.°` ,ki"s.
I
n-i rk n,q•Etp'.,,YS _ ,P... ,ky a f.m:
w 684 1605519
it* a
. Southeast Quarter (SE}) of Section Twenty-four (24), Township SIX.(6) North,
e•; Range Sixty-five (66) West of the 6th P.M., Weld County, Colorado;excepting
therefrom that certain parcel containing 10,76 acres, more or less; heretofore
conveyed to the Union Pacific Railroad Company by deed dated February 20,
1909 and recorded February 25, 1909 in Book 292 at page 474 of the Weld County
records, together with all water, water rights, ditches and ditch rights,
,s' reservoirs and reservoir rights appertaining thereto or in any wise used in
connection therewith, including 12 shares of the capital stock of The New
Cache La Poudre Irrigating Company, 16 shares of the capital stock of The
Cache La Poudre Reservoir Company, 1} shares of the capital stock of The
Union lateral Irrigating Company, irrigation well located on the above described
premises, luynihnr with pumping piano, motor and equiDmant thereon,
with all its appurtenances and warrant the tide to the same, subject, however,
to the following:
(1) 1973 taxes due and payable in 1974 and any tax, assessment, fees or
charges by reason of the inclusion of the sub;ect ;.-oparty in the Nordic^ Colorado MR
Water Conservancy District and the West Greeley Soil Conservation District;
(2) Rights of way or other easements as granted or reserved by instruments of
record or as now existing on said premises; (3) Any and all reservations, limitations,
conditions and exceptions contained in instruments of record which in any way
relate to or burden the above described premises; (4) A reservation to the grantors
hereinabove described, in joint tenancy, in and to all oil, gas and other minerals
and mineral rights in, upon and under the above described premises together
with the full and free right to enter upon said premises and use so much of the
surface thereof as may be reasonably necessary for operating. drilling and
marketing the production thereof; f5) Outstanding pasture lease entered Into
- by the grantors as above described, as lessors, and pm Duncan as lessee.
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758
ORIGl1�AIli 3, C. D. No. 52622-19
QIIITCLAIM DEED `
1 'At
' £
a
THIS DEED, Made as of the O/LJ.� day of
n , 19 between UNION PACIFIC RAILROAD COM-
a NaPANX/a co orationduly organized, incorporated and existing - _p
0 under and virtue of the laws of the State of Utah, Grantor,
and H. E. ETRERTON, of. Greeley, Colorado, Grantee:
I co
r•:
•
WITNESSETR, That the Grantcr, for and in considera-
tion of the sum of one thousand six hundred fourteen dollars -
+ r }
($1,614.00) in hand paid, the receipt whereof is hereby con-
fessed and acknowledged, does hereby REMISE, RELEASE and QUIT-
CLAIM., to the Grantee, his heirs and assigns, forever, all its
li A o right, title and interest in and to the real estate situate - a
o in the County of Weld. State of Colorado, described in Exhibit
A, hereto attached. 1
r- 16 This deed is made SUBJECT to the following: -_k
M3
xi All taxes and all assessments, or, if payable in -. 4..
installments, all installments of assessments, levied
upon or assessed against the premises described in Ex-
hibit
A which became or may become due and payable in
the year 1975 shall be prorated as of the date of this
deed between the Grantor and the Grantee, and the
Grantee assumes and agrees to pay, or to reimburse
• the Grantor for, if paid by it, all such taxes and
assessments and installments of assessments applicable {..
to the period subsequent to the date of this deed and -- .i-
assumes all taxes and all assessments and all install-
ments of assessments which may become due and payable -->`
0 after such year.
1 % It is expressly understood that the subjacent support
of the premises described in said Exhibit A may have been im-
paired by mining operations heretofore carried on beneath the
I surface thereof, and the quitclaiming of said premises is upon
the condition that the Grantor, its succes: Drs and assigns,
a snall not be liable for damages resulting thererrtm.
IN WITNESS WHEREOF, the Grantor has caused these
presents to be signed by its Vice President and attested by
its Assistant'Secretary, and its corporate seal to be here-
unto affixnd,the.d'ay and year first above written.
Attes¢, .`•. --f� '�_! UNION ACIFIC RAILROAD COMPANY,
I
eel) By
J S_ �$ECrc.G /,- / Vice president
•
Boat C. D. No. 526
758 �bau237
3- 2
EXHIBIT A
A strip of land 200.0 feet wide situate in the SE%
of Section 24, Township 6 North, Range 65 West of the Sixth
Principal Meridian in Weld County, Colorado, being 100.0 feet in
width, measured at right angles, on each side of the hereinafter
described center line of the abandoned main track of the Pleasant
Valley Branch of the Union Pacific Railroad Company as formerly
' constructed and operated; said strip extending northeasterly from
the north-south center line to the east-west center line of said
Section 24. •
Containing an area of 10.76 acres, more or less.
Said center line of abandoned main track hereinabowe
referred to, along and beyond the strip of land hereby described,
is described as follows: rF
Beginning at a point in the south line of said Section E.
24 that is 2,408.0 feet east of the southwest corner of said
Section 24;
thence N. 24° 52' E. along a straight line to a point
in the north line of said Section 24 that is 420.0 feet west of
the northeast corner of said Section 24.
Br
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• 3-3
STATE OF NEBRASKA )
ss.
COUNTY OF DOUGLAS ) 11
t
a
The foregoing instrument was acknowledged before me
ao
this /2"' day of „�a.,.....a , l9 76 ,
1
by C. Be SCHAEFER, Vice President of Union Pacific Railroad _
' Company, a Utah corporation, on behalf of the corporation.
E.r ,
•
NOTAAT
,.41t OF Ntfr_9:- Notary Public
- (Seal)
cbs moor
IIIIE
.:.. Nay'?•
3
rt `.'u$. � ''• . . o h $� , yr i 'x••. -' r �, i,w,N. At x4.-. Aa„
rs s
7 p •
ja' 58 Recorded at-____ C------oo4bdr_, /1. _JAN 3 0 1976 • o
N
__— I-I __________
f i; THIS DEED, Made this 28th day of January ,1976
1 I IIII between B. E. ETHERTON and MARTHA T. ETRERTONay
II husband and wife, I '
k"f 1 State Documentary Fee --
co co I Date JAN 3 0 1976 I 1
lel., t of dD •
as 1 County of Weld and State of Colorado,of the fist part,and $ '
0MARGARET S. ANDERSON --
i-1 of the County of Weld and Stab of
I'. •
* i Colorado,of the second port; (
•
p I 1 wrTNBBatrR,That th.said party of theStet Part,for and in consideration of be emu of •
at I OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND NO/100 DOLLARS tee
1 o I I to the said pot Y of the first part in laud paid by old party of the second park the receipt whereof is CI
1 o- I hereby tad and ackeowl dged,hi s ranted,b;gain in ed.mid and conveyed,end by these premeds does I tY ._
I' grant, ga berh,sell,teeny sad confirm,ante the said party of the second part,her hers and assigns for. C
„is
ever,all the following dsab xsd let or pared of land,tha:e,lying and being in the I
County d Weld 'and Stab of Colorado,anti: V
Ili
"3 she Southeast Quarter (SES) of Section 24, Township 6 North, Range 65 West of I r
the 6th P.M.; TOGETHER WITH all water, water rights, ditches and ditch rights, 1 MOa
tnaervOila and reservoir rights appertaining thereto or in anywise used in con- , gt
nection therewith, including twelve (12) shares of the capital stock of The New
Cache La Poudre Irrigating Company, sixteen (16) shares of the capital stock of
j The Cache La Poudre Reservoir Company, one and ere-pelf (11,) ?hares of the
capital stock of The Union Lateral Irrigating Company, one (1) 8" irrigation
well and one (1) 6" irrigation well complete with pumps, meters and underground
pipe lines.
III-
1CI
1: TOGETHER with all and minder the heeadihm®b end appurtenances thereto bdamgln& or in anywies
i • appmhidog,and the revrden and reversions,remaleder and remandvn,rents.lames and profits thereof.and an
. the amts.right,title,interest,dab*and demand whatsoever of the raid party of the fret part,either in law
1 I1 or eeu o
Ity,of,in and to the above bargained premises,with the hereditament,sad appurtenana
TO HAVE AND TO HOLD the aid prouder above barreled and described with the wprtenancea,unto the
i mid party o:::e armed part, her .-r.d agar t-r.;..-.end the old party of the first pert,
for himself, his bens,enmton,and admiaielan,does covenant,grant,bargain,and agree to sad
iwith the sold party of the second part, her heirs and deans,that at the time of the alma/int and delivery 1 ..
of these presents, he is well seised of the premier above conveyed,as of good,sure,perfect,absolute and
jIndefeasible elate of+^a^t=.,is law,in fee vmple,and he s good right,fon power and lawful authority
,1 to Rant,beer*veil end=away the same in mare;ad form as aforesaid.and the, one sari en free and clear f 1 .y
• ire=se f ri,r a_.,4 never its,?agars,.eke,Ilene.lade, ._. .nnenta and encumbrances et thatever kind or II swelea-•
1 nature enevr. EXCEPT 1976 taxes due and payable in 1977; SUBJECT TO that certain I`
1 Deed of Trust to the Public Trustee of Weld County, Colorado, recorded January
16, 1973, in Book 684, Reception No. 1605520, weld County records. for the use ;
1 of Gehlen J. Miller and Jessie E. Miller, as joint tenania, which Grantee herein
assumes and agrees to pa SUBJECT TO inclusion within the boundaries of The
gor€ er'� Cielotado !alir nsei-vavec pistaick, T fewest G edeid8gran£onae zttSorest ;
rs ECc es ern s re io s trove is os r e '
.; S[HfJECl' 'I'O easements, reservations, restrict sans and rights o way o record,
1 and the above bare-stood in w y wades.•• geld and peaceable paseeeeaa of the said party of the second part,
her heirs and deign against all and eveyperson or Arsons lawfully claiming or to claim the whole
1 I or any Art thereof,the mid part y of the tint part shall and will WARRANT AND FOREVER DEFEND.
LN W1Teree WHEREOF,the said a part y d the f be— •tehis
_ha _ _ set bend u
A I and seal theday ad cot year S above written.
1 '9 -I '- (EEsL)
-- --- area----' —.. —_---
d I ` - '- - eSEAL) r
--- .— H O
74 ez% v7 of vn-`i (SEAL)
-f MARTHA T. EIHERON, Cafet BER ATE OF COLARADo,
1.s ;1'he f of WELD x
wee acknowledgedbefore me this 28th
) 1 .(eteg�pgday of Januaary -
197614rby��•�d rB :E :ETHERPON and MARTHA T. ETHERTON, husband and wife.
G a
� '+t`T -`••r7! November 2 I %
-- •19 77 .WRnrs my handed otlidsl deal.
4 c.
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s.4- fit v .. °w' '1patn,kn 4:"# 4 see.,.•.IL Art . :yhu,(" ` ' ess, 4. K S r
`•� N4 .w1WY2!• lLYpyW r�aWa 4.Ir41f84a Anealw.r.raaseis hK ° `
?.�:, "yyr', ?„';`lied' z ..,a*`-" ..-4*` .
h.
1
•
AR22865k4 B 1336 REC 02288514 05/19/92 15:48 $5.00 1/001
F 1606 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PERSONAL REPRESENTATIVE'S DEED _
(TESTATE ESTATE) State Dacn'ewarr Fes
Dote �-,4_ 9-2
I �S�
1NIS DEED is made by REttElH L. AlIDFRSCM as Personal Representative of
th Estate of MARCAARET S. ANTORSOl1, deceased, Grantor, to HUARD C. L@1FIttS and
DFBRA A. LPJPRS, whose address is 24149 tCR 70. Eaton. Colorado R06t5
WHEREAS, the above-nand decedent in her lifetime made and executed her
Last Will and Testament, dated May 26, 1989, which Will was duly admitted to
FEEL probate on may 5 1992, by the District Court in and for the County
,Ds 60 of Weld, and State of Colorado,, Probate No. 92 PR 118 ;
WHEREAS, Grantor was duly appointed Personal Representative of said Estate
on December 20, 1990 , and is now qualified and acting in said capacy.
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the
Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and
set over unto Grantee the following described real property situate in the
County of Weld, State of Colorado:
"lbe Southeast Quarter (SE}) of Section 24, Township 6 North, Range 65 West of
the 6th P.M.; 1'OGEIBFR with all water, water rights, ditches and ditch rights,
reservoirs and reservoir rights appertaining thereto or in anywise used in
connection therewith, including twelve (12) shares of the capital stock of The
New Cache La Padre Irrigating Canpeny, sixteen (16) shares of the capital stock
of The Cache La Peudre Reservoir Company, one and one-half (1}) shares of the
capital stock of The Union Lateral Irrigating Company, one (1) 8" irrigation
well, and one (1) 6" irrigation well complete with paps, motors and underground
pipe lines.
With all appurtenances, free and clear of liens and ecncunbrances, except:
SUBJECT TO taxes for the year 1992, due and payable in 1993, and thereafter;
existing roads, public highways, established easements and rights of way; oil,
gas and mineral reservations, conveyances end leases of record; restrictions
reason and
liabilities by of inclusion in any special assessment dis and
zoning, subdivision and use restrictions of patent, if any."
As Holed herein, the singular includes the plural and the masculine gender
the feminine and neuter genders as the context may require.
Executed epR 28 1992 , 1992.
as Personal Representative of the
Estate of Margaret S. Anderson,
Deceased
REPUBLIC OM MDRF.A
SPECIAL CITY OF merry. 1 22
EMBASSY OF THE )S'S') ss.
UNITED STATES OF AMERICA)
The foregoing instrument was acknowledged before me this day of
APR 28 1992 , 1992, by Kenneth L. Anderson, as Personal Representa� of the
Fatate of Margaret S. Anderson, Deceased.
Witness my hand and official seal.
'I'L 11!IPn'F.LY �/J f getabmtte R• noeekdr r My cmmission expires: � lmeman Vice Caned
Notary.Puhltc �t
.f, t
Wyk s fl: {�`s i.P'�^`� x 1 4y, �• 1 D s �. t �{
Y f k` s 3EY}3•F/1'� r tze,: !1 € f G f ' .
•36 REC 02288515 05/19/92 15:49 111/$5.00 1/001
RR2288S15 0 — F 1607 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
WARRANTY DEED j •
THIS DEED,Made this 15th day of May
•
1992 ,between Edward C. Leners and Debra A. Levers
of the *County of Weld and
State of Colorado,grantor.and
•
•
Edward C. Leners and Debra A. Leners
whose legal address is 24149 NCR 70
Eaton, Colorado 80615 •,�
of the County of Weld and State of Colorado,grantees: ! -
' WITNESS.that the grantor,for and in consideration of the sum of One Dollar and Other Good
r and Valuable Consideration --------------------- DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does
Mo•it , grant,bargain.sell.conaey and confirm unto the grantees,their heirs and assigns former.norm tenancy in common but in joint tenancy, ;I
.1 rte. all the real property,together with improvements.if any,situate,lying and being in the County of
Weld and State of Colorrado,described as follows:
HI Lots A and B of Recorded Exemption No. 1053-24-4-RE1410 recorded May 1, 1992
in Book 1334 as Reception No. 0228638N, being a part of the SE1/4 of Section
24, Township 6 North, Range 65 west of the 6th P.M., County of Weld, State of
Colorado II
also known by sum and number as 23541 Weld County Road 66, Greeley, Colorado 80631
TOGETHER with all and singular the hereditaments and apptmenarces'hereunto belonging,or in anywise appertaining and the I •
•' reversion and reversions,remainder and remainders,rents.issues and profits thereof.and all the estate.right.title.interest.claim and .1.
demand whatsoever of the grantor.either in law or equity,of,in and to the above bargained premises.with the heteditaments and I
appunerunes.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances.untodie grates,their hens II
and assigns forever.And the gramu,for himself,his Mrs and personal representatives.does covenant.grant,Spin and agree to and
with the grantor,their heirs and assigns.that at the time of the ensealing and delivery of these presents.he is well seizedof the premises I'
above curtseyed,.has goad.sure.perfect.absolute and indefeasible estate of inheritance.in law,in fee simple,and has good right,full I F
power and lawful authority to pant,bargain,sell and convey the same in runner and form aforesaid.and that the same am fro and elen
from all fanner and other grants,bargains,sales.limn.uses,assessments.encumbrances and restrictio n of whatever kind or nature
sower,except general taxes for 1992 and subsequent years; except easements,
restrictions, covenants, conditions, reservations and rights of way of record,
if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above.bargained premises in the gates and peaceable •
Possession of the grantees, their hells and assiga,against all and eery person a pence's lawfully claiming the whole a any pat
thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. I
IN WITNESS WHFRFOF the grantor has executed this deed on the daferth above.
al.e
�ay�rlJC. Len
L Deebra A.Leners `fi r sirs
as Attorney in Pact
STATE OF COLORADO
ss.
County of Weld
The foregoing instrument was acknowledged before me this 15th day of May .19 92
by Edward.C„ Leners and Debra A. Leners by Edward C. Leners as Attorney in Fact
fat l '
Witness my hood stud oRxiat seal.
t , M Q��sR)•. 5s Cmeriuwo res March 13, `.1996 •��
f a r out}' y c`yi { ss '
1,n "g7aQ
EC CM. 3 ar dC' Y.w•.
' > e + qx r
S.rly."yi ;'IfNDem R `'f`$t: � { f r,:
r ,j 'T",. ry L . ry, �F- rscs:. a �,�. s
'k ri""^f of m®fiiwne.M A ;•c E.'-e %,.xt V r`z. E *ks S x. �`
tf,�atl f - Puwnamaltll wane CO a'uo 1xnf2aLanm HI y4 M .• "`
rt ' am" +'� 2sti
. . .. �...a. .`'` gktgw' I ..,. k' IS"Afi .w. n p.NY.
B 133 EC 02288516 05/19/92 15:49 SO 1/001
AR2288516 F 1608 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
KNCW ALL MEN BY THESE PRESENTS: That Debra A. Leners
of the Canty of weld
State of Colorado , reposing special trust and confidence in
Edward C. Leners of the Canty of Weld
i
State of Colorado , has mace, omstituted and appointed, and by these
presents does make, crostitute and appoint the said Edward C. Leners
my the and lawful attorney for me and in my
neme, place and stead, to accaplish the sale, pledging, mortgaging, negotiating,
or any ca:ts:plated act with regard to the following described property to-wit:
Lots A and B of Recorded Exemption No. 1053-24-4-RE1410 recorded May 1,
1992 in Book 1334 as Reception No. 02286388, being a part of the 5E1/4 of
Section 24, Township 6 North, Range 65 West of the 6th P.N., County of Weld,
State of Colorado
Also khan and nattered as :
Hereby giving and granting unto said attorney full poser and authority to
negotiate, do and perform all and every act and thing whatsoever requisite and
necessary to be done in and about the premises, as fully at all intent and
purposes as I might or could do if personally present, including but not -
-limited to, the exeCuticn of Deeds conveying real estate, with full mower to
sell and ea:vey, and tie execution of mortgages and deeds of test and any and
all doanents relating to any transfer or encutarance, and tie delivery thereof,
including closing and settleraent sheets in cusectien with said transfer or
encutbrance; with full power of revocation hereby ratifying and confirming all
said attorney shall lawfully do or cause to be done by virtue hereof.
This Rawer of attorney shall not be affected by disability of the principal.
IN WITNESS PaJFJECF, I haw here:nto set my hand and seal this 14th
•
day of May 1992 .
Debra A. mee!��-ea
• STA11i OF COIORADO
ODINTT OF WELD
The foregoing instrument was acknowledged before me this 14th day of
1016i ` *' May' i"1k`t , 19 92 by Debra A. Leners
'rert 4 lrfr fi
11 «xA MyyC BB1Ctl.expireSI December 10 ' ,..19 94 Witness m ,
y
handaikkoficral sad.
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