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Home My WebLink About981438.tiff Rescinded Y o'clock Reception No. Recorder. WARRANTY DEED THIS DEED, Made this 7TH day of SEPTEMBER 1930 , between D. K. BARNETT AND J. K. BARNETT of the *County of WELD and State of Colorado, grantor,and J. FRANK HOBBS AND MARIAN HOBBS whose legal address is 8590 WELD COUNTY ROAD 21 , FORT LUPTON, COLORADO 80621 of the County of WELD and State of Colorado, grantees: WITNESS, that the grantor,for and in consideration of the sum of FORTY THREE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 ***($43,750.00)*** DOLLARS. the receipt-and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado,described as follows: SEE ATTACHED EXHIBIT "A" also known by street and number as 8590 WELD COUNTY ROAD 21 , FORT LUPTON, COLORADO 80621 TOGETHER with all and singular the hereditaments and appurtenances[hereunto belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the caseating and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear ' from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature GENERAL TAXESsitgl' C'1'1IONS, COVENANTS,FCR CONDITIONS, RESERVATIONSSUBSEUENT 199 ANDVAND;DYEARS�RIGHTSTOF�WAAYY OFS RECORD, IF NY; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable I possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural ' gular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has execu n the date set forth above. D. K. BARNETT J. K. BARNETT STATE OF COLORADO 11 1 bb. County of WELD The foregoing instrument was acknowledged before me this 7TH day of SEPTEMBER , 100 , by D. K. BARNETT AND J. K. BARNETT Witness my hand and official seal. My Commission expiresJUNE 22 . 103 1113 10TH AVENUE N"wyPwic 4 GREELEY, COLORADO 80631 • EXHIBIT *If in Denver, insert"City and." I I / • li a.921A.Rev.3•I5.WARRANTY DEEDfai MY Mims) arrdfmd PvNlshiss.041 Wane St..Deewr.Co 90202—rtnn 2-2500—9-111 981438 • EXHIBIT 'A' PARCEL 1: Lot 'B' of recorded Exemption No. 1311-23-2-RE584, recorded April 27, 1983 in Book 994 as Reception No. 1924869, being more particularly described as follows: The East 990 feet of the West 1320 feet of the 81/2 of the $1/2 of the NW1/4 of Section 23, Township 2 North, Range 67 West of the 6th P.N. EXCEPTING THEREFROM the following described parcel: The West 330.00 feet of the East 990.00 feet of the West 1320.00 feet of the S1/2 of the S1/2 of the NW1/4 of Section 23, Township 2 North, Range 67 West of the 6th P.M. , being more particularly described as: BEGINNING at the West quarter corner of said Section 23; thence 889634' 40•E on an assumed bearing along the East-West centerline of said Section 23 a distance of 330.00 feet to the TRUE POINT OF BEGINNING; thence continuing S89' 34 '40'E a distance of 330.00 feet; thence N00' 15'00'E parallel with the West line of the NW1/4 of Section 23 a distance of 659.05 feet to the North line of said S1/2 of the 91/2 of the NW1/4 of Section 23; thence N89.33' 38'W along said North line a distance of 330.00 feet; thence 800615 '00°W parallel to said West line a distance of 659. 15 feat to the TRUE POINT OF BEGINNING. PARCEL 2: TOGETHER WITH a non-exclusive easement over and across the North 30 feet of the 81/2 of the 81/2 of the NW1/4 and the South 30 feet of the N1/2 of the 81/2 of the NW1/4 of said Section 23. t. 99.1438 1� y il( I •?J •I • RESOLUTION u_ .I tJf RE: APPROVAL OP RECORDED EXEMPTION NO. 584 - FRANKLINWAVO USIDECIsmt ,, ZADEL WHEREAS, the Hoard 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, it has been determined by the Board of County Com- missioners at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 584, being the property of Franklin and Helen Zadel, described as part of the S1 Sy NWh, Section 23, T2N, R67W of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", pursuant to • - its authority under Section 30-28-101(10) (d) , CRS 1973, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Franklin and Helen Zadel be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of January, A.D. , 1983. ` BOARD OF COUNTY COMMISSIONERS ATTEST: �10„2- (_.,.,, 7.1.,•i, 1 WE COUNTY, C RRAADO Weld County Clerk and Recorder y (AYE) and Clerk to the Board CAUck) Carlson, Chairman By: )(f...,.--.,..�Ll., �'I,1114 ✓ ...2;� Y 2))/: 'si,e (AYj /Deputy County Clerk J,_ T. Martin, Pro-Tem APPROVED AS TO FORM: L'U('JC -?chLIn&-- (AYE) _ /! Gene R. Brantner C <1i f,^,-s [ !hl� RXCU FD mgr.. OF SIGNING (Ara County Attorney Norman Carlson yqu yyne J h(ns n ( .Iguailne Johlts n 9031.438 DATE PRESENTED: January 20, 1983 I ; ' )� , )5 Y • • • Ill PAH I fAI NI HI I'I_ANNINI; SERVICES PHONE 13031 356401)0 ExT.40E 915 10TH STRCzT GREELEY,COLORP 00 90631 January 19, 1983 COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street • Greeley, Colorado 80631 Re: Recorded Exemption 0584 Dear Commissioners: The attached application, plat and related items are in reference to a request from Franklin and Helen Zadel for a recorded exemption. The - -- - --- - parcel-of-land on which this request is being made is described as part of the S$ SIS NWT, Section 23, T2N, R67W of the 6th P.W., H ead County, Colorado. The property is located approximately 2.5 miles northwest of Fort Lupton y • acres offClasseIII, IVof Wld tand VI irrigated y Road 21. The psoils tand IVaand VIins pnoniirrigatedmately 5soils. The request is to divide the property into parcels of ten (10) acres and five (5) acres, more or less. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be denied for the following reasons: 1. The proposed request does not comply with the Weld County Comprehensive Plan because it would promote nonagricultural use of agricultural land and it would encourage urban encroach- ment on rural land use. 2. It is the opinion of the Department of Planning Services staff that in the vicinity of the proposed recorded exemption, develop- ment has reached a level where the continued division of parcels would evade the intent of the Weld County Subdivision Regulations. (see attached Exhibit 1), The principal purposes of the Subdivi- sion Regulations of concern to the Department of Planning Services staff are as follows: 991438 • • 411 • Board of County Commissioners January 19, 1983 Page 2 - To assist orderly, efficient and integrated development, - To promote the health, safety, and general welfare of the residents. - To ensure conformance of land subdivision plans with the residents. - To ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. - To encourage well planned subdivisions by establishing adequate standards for design and improvements. To assure the planning for and -- - -_-- - - - --- ---- provisions of an adequate and safe source of water and means of sewage disposal. 3. It is the opinion of the Department of Planning Services staff that the request is not in compliance with.Section 9-2 E. (c) • of the Weld County Subdivision Pegulations. 4 - The subject property is located 2.5 miles northwest of Fort Lupton's City Limits and west of the South Platte River. Because of the distance from the town and the location across the river, future development of this site and surrounding area is intended to remain agricultural in nature. 4. The County Comprehensive Plan urges residential development to be closely connected to and served by municipal utilities, and towns should be encouraged to service new developments within a reasonable service area from the town. The plan further indicates subdivision of land should conform to the overall development goals and policies. - It is the opinion of the Department of Planning Services staff that the proposal is not consistent with the intent clause of the "A" (Agricultural) Zone District which states: "Agriculture in Weld County is considered a valuable resource which must be protected from adverse Impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The "A" District is established to maintain and promote agriculture as an essential feature of Weld County. The "A" District is intended to provide areas for the conduct of agricultural activities and activities related to agriculturst and agricultural production without the interference of other incompatible land USES. The "A" District is also intended to provide areas for the conduct of Uses by Special. Review which have been determined to be more intense or to have a 981.438 • • Board of County Commissioners - January 19, 1983 Page 3 potentially greater impact than Uses Allowed by Right. The "A" District regulations are established to promote the health, safety and general welfare of the present and future residents of Weld County". The parcel under consideration is one of several which has resulted from piecemeal development in the area. This has resulted in the creation of uncontrolled and undirected rural residential tracts. The potential of another residence and further subdivision of the ten (10) acre parcel at a future date should not be encouraged through approval of this request. Res ectfully jubmitt 4111 Crer field Current Planner CO:rg ollowing aterye t i b t c `a ludetwithl)-(oaf-f eaotrAgadaeiens or iov on for 'Exe [ion • /y: 4 4 The Departaerb[cro#a}lining Services staff recommedation S,.• approvanee condittonai upon the applicant submitting a mylar plat to the Department of Planning Services' office to be re- corded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board. _ 4111 991.438 411 • • December 29, 198;' To Whom it !hi:, Concern: fhis request for a recorded exemption is being made in order to divide this particular 15 acre property into one 5 acre parcel and one 10 acre parcel. It is consistent with the Weld County Comprehensive Plan in that the use for the area, which is currently agricultural will be preserved and enhanced by this request. Since the sandy soil in this area is not very conducive for crop production, we feel it could be put to a better use by creating properties more suited for the raising of a minimum number of livestock. This use is also supported by the lack of irrigation water for growing crops. This use would also benifit the surrounding areas through better dust, weed and insect control than is currently available. The proposed uses would be very compatible with the sur- rounding land uses. Adjoining on- the west area two 2 acre parcels and on toe west side of Weld County Rd. 21 there are several other small screngea. Pais is also true to the north and east of the subject property. Tc the south,..the land is also being used for 4 1_ive: tock in the form of a poultry facility. The proposed use would also tend to insure that the uses of the area stay agricultural because the proposed uses are agri- cultural. As snos:n by the attached sketch, this proposal is very orderly and straiiht forward and is consistent with development in this area. The property is easily accessible to Weld County Rd. 21 over the recorded easement on the north side. The proposed water supply for Let " ,g" is a water tap in the Central Weld County Water District System which the applicants will transfer and install on the side. The parcel is also syf- , ficiently large and the soil is conducive to the use of a septic system for the sewage disposal needs. pf 991.438 • �r • e£V1hG i m ff T 0 1 L. h >if 1 O,4- 0 °, O K Li I 1 I i �� II ; I I 1 c aV 2 I "VWI ` • W� 2tn ! • � � I D41 + . ti V � Q a I 0Ic1 I IP ! x L. 1 u2. tiJ' .n v --I in r• 1 -IL.. I I ii 1 I t avov AINno) 673M • • • Hello