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Home My WebLink About780404.tiff Please see resolution presented January 25, 1978 rescinding this resolution. RESOLUTION RE: DENIAL OF LOT SIZE VARIANCE NO. 56 - CHESTER SMITH. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has determined at a public hearing held on the 9th day of January, 1978, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land is owned by Chester Smith, which land is more particularly described as follows, to-wit: Considering the North line of the NV& of Section 17, Township 7 North, Range 67 West of the 6th P.M. , as bearing S 89°49' East and with all bearings contained therein relative thereto; Beginning at the NW corner of said Section 17 and running thence along the North line of the NWT S 89°49' East 409.26 feet; thence S 00°34' East 604.81 feet; thence S 89°49' East 212.08 feet; thence N 00°12'13" East 604.77 feet; thence S 89°49' East 30.0 feet; thence S 00°12'13" West 2633.33 feet to the South line of said NWT; thence along the South line of the said NWT N 89°51' West 660.07 feet to the West 1 corner of said Section 17; thence N 00°13' East 2633.71 feet to the point of beginning, County of Weld, State of Colorado. WHEREAS, the owners of said tract of land desire to obtain a variance from the minimum lot size requirement so that Chester Smith may make application to the Board of County Com- missioners to apply for a recorded exemption, as set forth in Section 9-4.A. (6) of the Subdivision Regulations, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, based upon the recommendations of the Department of Planning Services, feels that the applicant has not shown good cause for granting a lot size variance under Section 9-4.A. (6) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that a variance from lot size requirements, be, and hereby is , denied to Chester Smith for the above described parcel of land. 1 7 80404 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO L„," 24'''T'‘Y 7f----' -7z/_--4' 2',!-22) ;/: dt."4.4L,-- e,,,,,,,,,,A Q (2-,, VII a•vbk4imit, ATTEST: Weld County Clerk and Recorder and Clerk to the B rd B\Y,;-Z4t) -0----KA2,LL(2--) \, rf( ..( I O1 k.. Deputy County Clerk ) t _. APPROVE AS TO FORM: U .s--1`0"---: � County Attorney -2- Date Presented: January 16, 1978 DEPARTMENT OF PLANNING SERVICES .. PHONE (303) 356-4000 EXT. 400 915 10TH STREET OGREELEY, COLORADO 80631 • COLORADO January 9, 1978 Board of County Commissioners Weld County, Colorado 915 - 10th Street Greeley, Colorado 80631 RE: Lot Size Variance #56 Dear Commissioners: The attached letter and related materials are in reference to a request by Chester Smith for a lot size variance. The subject property is described as Pt . NW4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The property is located 10 miles west of Ault on the south side of Colorado Highway 14. The property in questions contains approximately 36.47 acres of Class II , III , and IV irrigated soils. The request is to obtain a variance from the minimum lot size requirement , Section 9-4(A) (6) of the Weld County Subdivision Regulations , so that he can apply for a recorded exemption. Section 9-4(A) (6) states : "That under the original tract or parcel of land to be divided under this section meets the minimum lot size requirements established by the Weld County Zoning Resolution-variance from this requirement being allowed only upon good cause being shown to the Board of County Commissioners or where said tract or parcel of land lies within the Comprehensive Plan area of an existing incor- porated town of Weld County. (Revised 4-17-74)" If the lot size variance is approved, Mr. Smith will proceed with a recorded exemption application to create two parcels of approxi- mately 16 and 20 acres. Currently, there are no improvements located on the property. As indicated in a letter dated December 14 , 1977, submitted by Mr. Smith, the intent is to sell both par- cels as separate lots for residential uses . Based upon the information submitted and the adopted policies and regulations of Weld County, the Department of Planning Services Staff recommends denial of the request for the following reasons : 1 . The proposed split does not comply with the Weld County Comprehensive Plan, with the intent clause of the Recorded Exemption procedure (Section 9-2 Board of County Commissioners Chester Smith - LSV #56 Page 2, con' t . of the Weld County Subdivision Regulations) , and the intent clause of the Agricultural District (Section 3. 3A of the Weld County Zoning Resolution) for the following reasons : a. The request would not be encouraging agricul- tural uses as the highest and best uses since it would promote non-agricultural use of agri- cultural land and, b. It would not be providing for the orderly ex- pansion of urban growth, since the split would allow two sets of improvements to be built (one on each proposed parcel) and therefore create an urban encroachment on rural land use and, c. The proposed split would be promoting the divi- sion of agricultural land into smaller , less economic parcel sizes. 2 . The minimum lot size in the Agricultural District is 80 acres for irrigated land. The intent is to maintain large enough tracts for farm purposes , and to assist in the encouragement of agricultural uses of the highest and best use of the land. The pro- posed split is in violation of that intent . 3. Good cause has not been shown why the variance should be granted as stipulated in Section 9-4(A) (6) of the Weld County Subdivision Regulations . R: sp -ctfully Thomas E. Honn Zoning Administrator TEH:kmh December 14, 1977 Board of Commissioners Weld County, Colorado RE: Request for lot size variance of land in the W1 of the NWT of Section 17, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. By this letter, I am hereby requesting a lot size variance on the subject property so that application for a recorded exemption can be made in accordance with the County Regulations. We have owned this property since June of 1974. It is the intent to divide the total tract into two parcels of nearly equal size. Enclosed with this letter is: 1) a general map of the area and boundary survey; 2) proof of ownership in the form of title insurance (insured - George W. Sloan and Chester C. Smith) , and closing statement; and 3) a letter showing that domestic water is available from the North Weld County Water District. This property consists of 36.9 acres and, because of its small size, is an uneconomic unit for farming purposes. Attached herewith ah0 /V76 are income and expense statements for the years 1974 and 1975-which show operating losses for both of those years. There is no indication that a small individual tract such as the subject property would ever become economically feasible in the future for independent farming operations. Therefore, it is not considered as a worthwhile agricultural unit within itself. Further, there are no improvements on the property. Efforts to acquire contiguous farm land or to sell this tract to adjacent property owners have been unsuccessful. The property is more than five miles from the nearest incorporated municipality and thereby is ineligible for annexation now or in the reasonable foreseeable future. Also, there is other than agricultural uses in the immediate vicinity. A mobile home park is about 1/8 mile to the east of the property and on the same side of Highway 14 as is this property. Prior to the purchase of this property by us, a 2.93 A. dwelling site was sold off of the northeast corner of the property and is, and has been, in continuous use as a rural residence. As a result, we believe that other than strictly agricultural uses are now being made of immediately adjacent property. Page 2 of 2 A preliminary soils and engineering geology investigation has been prepared by an engineering geologist with Empire Laboratories, Inc. The investigation shows that the soils are adequate for building construction. Although the report does not comment on the quality of soils for agricultural purposes, it is obvious that the soils do respond reasonably well for crop production, but this site cannot be considered exceptionally good farm land. You may be assured that a lot size variance would not create an added burden on Weld County services. The attached letter from the North Weld County Water District verified that domestic water is available. Sewage disposal can be accomplished by use of septic tanks according to the aforementioned soils investigation. Other utilities can be made available. No additional roadways would be required to service the property since all access to individual properties, assuming a variance is granted, would be directly from an existing gravelled county road. We respectfully request that you grant this application for lot size variance so that a recorded exemption can be allowed. If you need additional information to assist you in your review of this request please contact me through Vern Nelson at Wheeler Realty Company, in Greeley. Respectfully, Chester A. Smith P. O. Box 429 Fort Collins, Colo. 80522 �f J O O 1 1% C .L 'Q 4 o- V * U) O N I im Q Z O sW - 2 . O Q V to -r o-iii _i 1 _____I�,,_•AMH_ odvbo,ovi _ F--- I .P pp l • SI `N AND SMITH. June 3, 19-74 through Dec. . 31, 1974 Income Cash rent Prorated 647.35 211 days • Expenses - Water 56. 83 Filing and Paper Handling 17. 00 Interest 2388. 18 - 2462 .01 ($ 1814.66) /' SLOAN AND SMITH • Jan. 1 through Dec:. 31, 1975 • INCOME Corn 22 Ac. 116. 5 T./$12. 1398 .00 (1/3) Beets 8. 5. Ac. 146 . 935 T./ 26 . 52 - 974. 25- (1/4) Pasture 170 . 00 (1/2) 2542.25 EXPENSES • Water 137. 10 - Taxes 204. 00 - Fertilizer & Hauling - 614. 00 Commercial Fertilizer 483.04 Spraying Dusting 165. 06 - 1603. 20 - • Interest 4749 .96 4749 .96 • 6353. 16 Net loss (3810 .91) _ IpJyers Title Insurance Corporation #161 - A Stock Company Home Office--Richmond,Virginia 1, POLICY OF TITLE INSURANCE t AMOUNT DATE OF POLICY - SCHEDULE A , 60,000.00r. NAME OF INSURED October 9, 1974 at 8:00 A.M. GEORGE W. SLOAN and CHESTER C. SMITH 1. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple t. 2. The estate or interest referred to herein is at Date of Policy vested in .' Y GEORGE W SLOAN and CHESTER C SMITH, as-tenants. in common • .,s. _ fir. ;j 3. The land referred to in this Policy is described follows: -' � - y Cons i deri ng the North line of the NW 1/4 of Section 17, Township 7 North, Range 67 ' West of the 6th P.M. as bearing S 89°49' East and with all bearings contained therein relative thereto; Beginning at the NW corner of said Section 17 and running '- thence along the North line of the NW 1/4 S 89°49' East 409.26 feet; thence S 00°34' :: East 604.81 feet; thence S 89°49' East 212.08 feet; thence N 00°12'13" East 604.77 feet; thence S 89°49' East 30.0 feet; thence S 00°12'13" West 2633.33 feet to the South line of said NW 1/4; thence along the South line of the said NW 1/4 N 89°51 ' West 660.07 feet to the West 1/4 corner of said Section 17; thence N 00°13' East 2633.71 feet to the point of beginning, County of Weld, State of Colorado. ,, rr r. F4 A 9 Pi ri Fi F4 it 7.4 iCV s=s �3 i4 r-r t�1 7. Countersigned: Issued at: Fort Collins, Colorado- __ __ '''?/./ .9 )'?)!j ZIMe..0, Authorized Officer or Agent G°1C:gl;�l. Page 1—Sched.A—Policy No. P J Mt ✓oi,cy 85 C-,!o.—Liao in U.S.A. ALTA Owner's Policy--Form 8-1970(Rev.10'17-701 c�y4� SLOAN AND SMITH 1976 INCOME Corn 23 Ac. -503. 27 T/$13. - 2,180. 88 (1/3) Beets (Mar & Apr received 397. 78 Beets 7.6 Ac. -126.301 T. @ $19 . 306T .637.44 (1/4) • Pasture 157. 50 (1/2) 3,373. 60 Platte Valley Power Authority 1 ,166. 00 4,539 .60 EXPENSES Water 130 . 74 . Taxes 195. 66 Fertalizer 513. 70 _ Pesticides. 148. 05 Misc. (Dues • . 2. 84 - • 990. 99 Interest 4 , 749 . 96 TOTAL EXPENSES 5,740 . 95 NET LOSS • $ 1, 201. 35 2 600. 68 BOARD OF DIRECTORS _ ; NORTH WELD COUNTY WATER DISTRICT ERNES r TIGGES ALEX HEIDENREICH RoE3ERr ALKIRE -' HIGHWAY 85 LUCERNE. COLORADO 80646 GARY SIMPSC,4 21.1* .y,/ ;-,� LYLE NELSON, MGR. TOM REED • P.O BOX 56 PHONE 356.3020 December 1 , 1977 Mr. Vern Nelson 1912 25th Avenue Greeley , CO 80631 HI' : Wu ter t t' 1) '; i' Sir: Th i H I Vt. I t in r€-H])t)nHt' t () y()or r I;qu I r e wa tt.r.. r•v , ,•( t t !I ' f 1 I i (i, : r';!>''I I �_ AW N II of Section 17, Township 7North, Range 67 West of 6th P.M. , Weld County, Colorado Property owned by Chester C . Smith and George M. Sloan 1 . l)r•t.,Hen t 1 y ht' i rl ; Dr , ' I W ',1 I - , t 1.f' <r ire 1)roper I . • `, . K W:11 t'r• :;ter'v i ( (' ]U v a i ! at) ! e a1 e i)E'(i pr(It)r)rt y' 1)rt)v ided all r l'01:1(-111 111L r► r(' HUti t if d I f Hunt I'rat H i1,Iv (' nut Ut'H'ra t•r)nsurlla.I f'd with N()r' t lI 't'Vt�l (I County �C,: I r I)iHIril t Hit.Iiiti r>nt• y'('rrr• From dale of this Ie'tt.t,r , this; nu l I arrd void . Aral i l i onu ! I " (` 1V , NORTH \'V m) ('OVN'l'Y WATI';R. DISTRICT 4%9 i, 1r . `vF' I -U1' :1U II a ('I' I,UN/ rr Chester Smith LSV--56 : 77: 17 REFERRALS December 29, 1977 County Engineering County Health • BOARD OF HEALTH Weld County Health Department DAVID WERKING, DDS,Greeley FRANKLIN D. YODER, MD, MPH RALPH MB,Greeley Director 1516 HOSPITAL ROAD WILLIAM BLICK, Roggen GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley (303)353 0540 DONALD HERGERT, Windsor ANNETTE M. LOPEZ, Greeley HERSCHEL PHELPS, JR., M.D., Greeley KATHLEEN SHAUGHNESSY, Ault JOE STOCKTON, Gilcrest January 4, 1978 Mr. Gary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: This department recommends approval of Lot Size Variance as requested by Chester Smith, located in the W1/4, NWT, Section 17, Township 7 North, Range 67 West. Sincerely, 49ihn G. Hall, M.P.H. , Director nvironmental Health Services JGH:dr Y MEMORAnDUM Planning Commission January 5, 1978 To Date • COLORADO From Chester Smith- Lot Size Variance subject: No ineering problems anticipated by this request . Gilman E. Olson mfm ) 0 J • Policy 85 Colo.-Litho in U.S.A. ALTA Owners Policy—Form 6--1970(Rev.10-17-70)Copyright 1969 • • • • •. ers: fie Insurance. Corporation• - - • - • _. _ - A Stock Company Home_Office, Richmond,Virginia - CONDITIONS AND -STIPULATIONS : . I. Defnitjon of Terms (c) The Company shall hove the right at its own cost to institute and without The following terms when used in this policy mean: undue delay prosecute any action or proceedinb or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or (a) "insured":the insured named in Schedule A,and,subject to any rights or interest as insured, and the Company may take any appropriate action under defenses the Company may have had against the named insured, those who the terms of this policy,whether or not it shall be liable thereunder, and shall succeed to the interest of such insured by operation of law as distinguished from not thereby concede liability or waive any provision of this policy. purchase including, but.not limited to, heirs,' distributees, devisees, survivors, personal representatives,next of kin,or corporate or fiduciary.successors. y_ (d) Whenever the Company shall have.brought any action or interposed a (b) "insured claimant":on insured claiming loss or damage hereunder, • y defense as required or permitted by the provision of this policy,the Company may pursue any such litigation to final determination by a court of competent (c) "knowledge": actual knowledge, not constructive knowledge or notice jurisdiction and•expressly reserves the right, in its sole discretion, to appeal which may be imputed to an insured by reason of any public records. from any adverse judgment or order. (d) "land": the-land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property;pro- (e) N all cases where this policy permits or requires the Company to prosecute vided,however,the term"land"does not include any property beyond the lines or provide for the defense of any-action or proceeding,the insured hereunder - shall secure to the Company the right to so-'rosecute or provide defense in such of the area specifically described or referred to in Schedule A,nor any right, action orproceeding,and all appeals there.1,and permit the Company to use, title, interest, estate or easement in abutting streets, roads, avenues, alleys,• .• lanes, ways or waterways, but nothing herein shall modify or limit-the extent at its option,the name of such insured for such purpose.Whenever{requested by to which a right of access to and•from the land is insured by this-policy. the Company,such insured shall give the Company all reasonable aid in any such action ar proceeding,in effecting settlement,securing evidence,obtaining (e) "mortgage": mortgage, deed. of trust, trust- deed, or other security , --witnesses, or prosecuting or•defending such action or proceeding,and the instrument. `"' Company shall reimburse such insured for any expense so incurred. (f) "public records": those records which by low impart constructive notice of matters relating to said land. •- • 4 Notice of Loss—Limitation of Action 2. Continuation of insurance after Conveyance of Title • ;: In addition to the notices required under paragraph 3(b)of these Conditions The coverage of this policy shall continue in force as of Date of Policy in favor - and Stipulations, a statement in writing of any loss or damage for which it is of an insured so long as such insured retains an estate or interest in the land,or _.-claimed the Company is liable under this policy shall be furnished to the Corn- holds an indebtedness secured by a purchase money mortgage given by o pony within 90 days after such loss or damage shall hove been determined and purchaser from such insured,or so long as such insured shall have liability by no right of action shall accrue to an insured claimant until 30 days after such reason of covenants of warranty made by such insured in any transfer or con-. statement shall have been furnished.Failure to furnish such statement of loss or veyance of such estate or interest; provided, however, this policy shall not damage shall terminate any liability of the Company under this policy as to such continue in force in favor of any purchaser from such insured of either said estate loss or damage. • or interest or the indebtedness secured by a purchase money mortgage given "_ to such insured. 5. Options to Pay or Otherwise Settle Claims 3. Defense and Prosecution of Actions—Notice of Claim to be given by on The Company shall have the option to pay or otherwise settle for or in the insured Claimant name of an insured claimant any claim insured against or to terminate all liability (a) The Company,at its own cost and without undue delay,shall provide for and obligations of the Company hereunder by paying or tendering payment of the defense of an insured in all litigation consisting of actions or proceedings the amount of insurance under this policy together with any costs,attorneys'fees commenced against such insured,or a defense interposed against an insured in an and expenses incurred up to the time of such payment or tender of payment,by action to enforce a contract for a sale of the estate or interest in said land,to the the insured claimant and authorized by the Company. extent that such litigation is founded upon an alleged defect,lien,encumbrance, or other matter insured against by this policy. 6. Determination and Payment of Loss (b) The insured shall notify the Company promptly in writing (i)in case any action or proceeding is begun or defense is interposed as set forth in(a)above, (o) The liability of the Company under this policy shall in no case exceed the least of: (ii)in case knowledge shall come to on insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest,a'insured,and which (i) the actual loss of the insured claimant;or might cause loss or damage for which the Company may be liable by virtue of (ii) the amount of insurance stated in Schedule A. this policy,or(iii) if title to the estate or interest, os insured,is rejected as un- marketable.If such prompt notice shall not be given to the Company,then as to (b) The Company will pay, in addition to any loss insured against by this policy,all costs imposed upon an insured in litigation carried on by the company such insured all liability of the Company shall cease and terminate in regard to the matter or mutters for which such prompt notice is required;provided,however, for such insured,and all costs,attorneys'fees and expenses in t.tigetion carried that failure to notify shall in no case prejudice the rights of any such insured under on by such insured with the written authorization of the Company. this policy unless the Company shall be prejudiced by such failure and then only (c) When liability has been definitely fixed in accordance with the conditions to the extent of such prejudice, of this policy,the loss or"'Image shoji be payable within 30 days thereafter. • Continued,on cover sheet • • • CONDITIONS AND STIPULATIONS--CONTINUED 7. Limitation of Liability • 11. Subrogation Upon Payment or Settlement No claim shall arise or be maintaine'ble under this policy(a)if the Company, Whenever the Company shall have settled a claim under this policy,all right after having received notice of an alleged defect,lien or encumbrance insured of subrogation shall vest in the Company unaffected by any act of the insured against hereunder, by litigation or otherwise, removes such defect,lien or en- claimant.The Company shall be subrogated to and be entitled to alt rights and cumbrance or establishes the title, as insured, within a reasonable time after remedies which such insured claimant would have had against any person or receipt of such notice;(b) in the event of litigation until there hos been a final property in respect to such claim had this policy not been issued,and if requested determination by a court of competent jurisdiction,and disposition of all appeals by the Company,such insured claimant shall transfer to the Company all rights therefrom,adverse to the title,as insured,as provided in paragraph 3 hereof; _ and remedies against any person or property necessary in order to perfect or(c)for liability voluntarily assumed by an insured in settling any claim or suit such right of subrogation and shall permit the Company to use the name of such without prior written consent of the Company. insured claimant in any transaction or litigation involving such rights or remedies. 8. Reduction of Liability -,."•"`-., If the payment does not cover the loss of such insured claimant,the Company All payments under this policy,except payments made for costs,attorneys'fees shall be subrogated to such rights and remedies in the proportion which said and expenses,shall reduce the amount of the insurance pro Canto.No payment ' payment bears to the amount of said loss.If loss should result from any act of shall be made without producing this policy for endorsement of such payment such insured claimant,such act shall not void this policy,but the Company,in that unless the policy be lost or destroyed, in which case proof of such loss or de event,shall be required to pay only that port of any losses insured against here- struction shall be furnished to the satisfaction of the Company. under which shall exceed the amount,if any,lost to the Company by reason of 9. Liability Noncumulative • the impairment of the right of subrogation. It is expressly understood that the amount of insurance under this policy shall 1 be reduced by any amount the Company may pay under any policy insuring either(a)a mortgage shown or referred to in Schedule B hereof which is a lien 12. Liability Limited to this Policy - on the estate or interest covered by this policy,or(b) a mortgage hereafter This instrument together with all endorsements and other Instruments,if any, executed by an insured which is a charge or lien on the estate or interest described attached hereto by the Company is the entire policy and contract between the or referred to in Schedule A,and the amount so paid shall be deemed a payment insured and the Company. • under this policy.The Company shall have the option to apply to the payment of Any claim of loss or damage,whether or not based on negligence,and which any such mortgages any amount that otherwise would be payable hereunder to arises out of the•status of the title to the estate or interest covered hereby or the insured owner of the estate or interest covered by this policy and the amount , , • any action asserting such claim,shall be restricted to the provisions and condi- so paid shall be deemed a payment under this policy to said insured owner. • • tions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by 10. Apportionment writing endorsed hereon or attached hereto signed' by either the President,a If the land described in Schedule A consists of two or more parcels which are Vice President, the Secretory, an Assistant Secretary,or validating officer or not used as a single site,and a loss is established affecting one or more of said parcels but not all,the loss shall be computed and settled on a pro rata basis authorized signatory of the Company. as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separateparcel to the whole,exclusive of P any. 13. Notices,Where Sent improvements made subsequent to Date of Policy,unless a liability or value has � otherwise been agreed upon as to each such parcel by the Company and the All notices required to be given the Company and any statement in writing insured at the time of the issuance of this policy and shown by an express required to be furnished the Company shall be addressed to its Home Office, statement herein or by an endorsement attached hereto. 3800 Cutshaw Avenue,Richmond,Virginia 23230. aTitle Insurance corporation . .. . _ . . Iwyers _ A Stock Company . . Home Office Richmond,Virginia I,;aw k �'llr • t R" ,xllF .. r't r VI A aM? i," t t• 'd.M a 1P ,, ; 'j�,�j'135 d'C !> .. 1 i sYj' '}1'..• �. K /,, ; pp „ ALTA Owner's Per —fond 8--197• Policy 85 Colo.—Litho in L:.A. ' a M ;.. .._ • . .wr-..--.Mr.. .:.:..--*--r.-0•----. ----- Y J.R.r:r rte.-w._ ._..... ._ ... ....-r . t , , / _ , ;, .... . „4 . .........„., !....., .... ::., _ ...,......,____._t_ i, Service available throughout the Ti ,,. .....1 - National Division, Branch and United States, Puerto Rico, the r...'-/"--- •— L--.' ' d -• • Agency offices and Approved U.S. Virgin Islands and Canada. -� : ` �•. Attorneys located throughout `a" \-1"--- - {°�'-- 7.t----,----2:--,2- the operating territory as shown .! 1 ? IL.— v-..)...--. ,_ on the map. "k 1p)yers 'Title Insurance ( rporation ,,, Home Office—Richmond.Virginia _... --- _ .-... - .. • ._ • —_wr.ur4w•• t_ . .. _�.w i...+ww.a-Sara..—.._'w_. .. -' .. • G CD 5 ,`""cli— . r, e Z (1) X" CD w • ' ;iii . •--F. '` • 00: e) g ..,h 1 , 00%1 ZCD .< `11 H t, - -.0-- ,-..... 0_--N.‘. CD CD - A word of thanks to our insured As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy or wish to contact us for any other reason, write to•. Consumer Affairs Department j_au yers Title Insurance (rporation P.O. Box 27567 Richmond,Virginia 23261 • / i• 0 . : ....---'....r++^..wY..r,-..•r.+►.w..s.r++b.�..ww-tea;......-r.. -.,, ..._.+...w.rnw.•�.. ..ai.i.. .a3..-.^•.'. - ._- ... .r+w..+r.w. ,....�.. . Atio huyers TitleInsurance Corporation A Stock Company Home Office---Richmond.'v rginia SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. - 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection .of the premises would disclose and which are not shown by the pub1i,Q,records. 4. Any lien, or right to a lien, for services _labor,,or material heretofore or hereafter furnished, imposed by law and not`shown,,:by the public records. .5. Unpatented mining claims ; reservations .or:exceptions in patents or in Acts authorizing the issuance thereof;_:water rights,.;claims or title to water. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any tax or special assessment by reason of. inclusion of subject property in the Northern Colorado Water Conservancy District,; the Poudre Valley Fire Protection District and the Fort Collins "Soil ConservationDistrict. _81 8. . Oil and gas lease from Security Investment Company to Joe Josephson recorded • March 15, 1971 in Book 642 under Reception No. 1563866, Weld County Records, and recorded April 1 , 1971 in Book 643 under Reception. No. 1564958, Weld County Records. 9. Subject to restrictions and reservations of the Official Subdivision Regulations • - of Weld County and the Mobile Home Park regulations recorded January 18, 1965 in Book 532 under. Reception No. 1454224. and No. 1454225, Weld County Records. 10. Reservation as contained in Deed dated November 17, 1885 and recorded January 6, 1886 in Book 50 at Page 271 as follows: Reserving to said Company and its assigns, all coal that may be underneath the surface of the land herein described, also such right of way and other grounds as may be necessary for the proper working of any coal mines that may be developed upon said premises and for the transportation of the coal from the same. _Weld County records. 11 . Deed .of Trust from George W. Sloan and Chester C. Smith to the Public Trustee for the use of Arthur L. Garfield and Franklin W. Kinney to secure $50,000.00, dated June 3, 1974 and recorded June 21 , 1974 in Book 717 at Reception No. 1639120. • Page 1 of Schell. B-Policy No. P 971445 Policy 85 Cc!o.—litho in U.S.A. ALTA Owner's Policy—Form B-1970(Rev.1047-7C)Copyright 1969 ORIGINAL • • Policy 65 Coto.—Litho in U.S.A. ALTA Owner's Policy—Form 5-1970(Rev.10-17-70)Copyright 1969 avers Title Insurance Corporalion A Stock Company Home Office-Richmond.Virginia SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures,as of Date of Policy shown in Schedule A, against loss or damage,not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; - 3. Lack of.a right of access to and from the land; or._ 4. Unmarketabiliity of such title. - IN WITNESS WHEREOF the Company has caused this Policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Iuyers Ttie Insu a ce (r r&lion •C. avt."-V-6\/‘•- tti r • - •-- • • = - - - .• •'� �1 '� _, • President z - ' • - = = :S. :'.r'., L tz . . Attest: ' • - - - - Secretary. • EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or pro- hibiting a separation in ownership or a reduction in the.dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known-to the Company:and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Compciny prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claim- ant; (d) attaching or created subsequent to Date of Policy;or(e) resulting in toss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. . STATEMENT OF-SETTLEMENT - SELLER'S O PURCHASER'SaX PROPERTY ADDRESS We l d County LLER Garfield & Kinney nneY PURCHASER Sloan & Smith SE SETTLEMENT DATE _ 6/4/7.4 DATE OF PRORATION 6/4/74 LEGAL DESCRIPTION: Ptn NW' 17-7-67 Debit _ Credit . t 1. Selling Price __—__-_. — _- _ — -- 60,00d 00 II 1` 2. Deposit,paid to American Realty _ ____ ! 1,.000 00___ 3. Trust Deed,payable to Garfi el d & Ki nney I 50,900 00 _ 4. Trust Deed,payable to - -- 5. Trust Deed,payoff to 6. Interest on Loan Assumed _ -` 7. Title Ins.Premium — I .! 8. Abstracting: Before Sale _ -I 9. After Sale it - 10. Title Exam.by ii 11. Recording: Warranty Deed 2400 iI 12. Trust Deed. 4. 00 13. • Release - I 14. Other II 15. Documentary Fee 6 100 II 16. Certificate of Taxes Due 5100 I 17. Taxes for Preceding Year(s) $213.31 - NOT PAID I I 18. Taxes for Current Year 154 .days @ $.584/day . !t 9 94 .E 19. Tax Reserve !1 - i 20. Special Taxes i 21. Personal Property Taxes 11 !I 22. Hazard Ins.Prem.Assumed—Policy No. . Co. II $ Yr.Term Expires { . i► Days Unused at 0 per day I !I Premium� ' 23. Premium for New Insurance _ '' 24. Hazard Ins.Reserve {I 25. FHA Mortgage Ins.Assumed it 26. FHA Mortgage Ins.Reserve 11 - - 27. Loan Service Fee (Buyer) iI 28. Loan Discount Fee (Seller) _ IU 29. Interest on New Loan '' 30. Survey and/or Credit Report 'I 31. Appraisal Fee I 'I 32. Water and/or Sewer 154 days___@____$-369/day 56 I_83 'I 33. Rents 4/17-.12/31; 211 days 0 $3.068/day I 647 65 34. Security Deposits 'I 35. Loan Transfer Fee { II _ 36. Loan Payment Due _ I 1' 37. Broker's Fee • I II ' I if I ( II• I It Sub-Totals 60,073 83 i'—.5-1 ,737 9 Balance due to/from Seller I' 1 Balance due ((; /from Buyer — Il_ 8,3.3654 _ TOTALS 60 07J 83 It 60 073 83 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED Purchase r/S;41,41 --!,- Broker _Re a_l-ty Geo a 1. Sloan /r Purchase �- - �� —0,,- P — / �� r/`h,4�� 7 Northern Colorado, C. Smith Lawyers Title of Co orado , No. SS-60 -7-71• Statement of Settlement - Commercial Printing Co., Fort Collins, Colo. 8/ 71 / The printed portions of this form approved by the Colorado Real Estate Commission (SS-60.7-71) : DLPAH I MLN l OF PLANNING SLIiVICES - WI PHONE (303) 356-4000 EXT. 400 915 10TH STREET Ile. GREELEY, COLORADO 80631 COLORADO December 22, 1977 Chester A. Smith P.O. Box 429 Ft. Collins, CO 80522 RE: Request for a lot size variance on a parcel of land described as Pt. NW* of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Smith: The necessary materials for the above described request are com- plete and in order. I have scheduled a meeting with the Board of County Commissioners for January 9, 1978, at approximately 9: 30 a.m. Said meeting will take place in the County Commissioners ' Hearing Room, First Floor, Weld County Centennial Center, 915 - 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be there to answer any questions the Board might have with respect to your request. W N If you have any questions with regards to this matter, please doh • s o E a not hesitate to contact our office. Respectfully, ow n.. nod cgs; oCD o •? x�n m�' d e o rn n° =a v' i- •).4°ZZA..i,,, _� o QQ=' Ken McWilliams 0. o ; �o Assistant Zoning Administrator _ w f @ C°-c"A �•co Ti o= -•*n ca KM KM:kmh n n " 2. cc : LaVerne Nelson a - � R 1912 — 25th Avenue . a� Greeley, CO 80631 chi ;ycn a. mO mg_9 ma wo 1y= ;o ocn =a5, a st 4 o rnp. . 0 o m cD a 13 CD O 95 ura ct O cn o 32 co a —o co p CD (/) 0 Mk o- r aW 7ti- oy =c 5,11 F to 433 fD 0OCDn n O eD r 4( ti DLPAfi1 MLA I OF PLANNING SLHVICLS PHONE (303) 356-4000 EXT. 400 915 10TH STREET Willie GREELEY, COLORADO 80631 COLORADO December 22, 1977 Chester A. Smith P.O. Box 429 Ft. Collins, CO 80522 RE: Request for a lot size variance on a parcel of land described as Pt. NWi of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Smith: The necessary materials for the above described request are com- plete and in order. I have scheduled a meeting with the Board of County Commissioners for January 9, 1978, at approximately 9: 30 a.m. Said meeting will take place in the County Commissioners ' Hearing Room, First Floor, Weld County Centennial Center, 915 - 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be there to answer any - = quest iol No. �,� � .� have with respect to your request. 8 0 4 RECEIPT FOR CERTIFIED MAIL If you have any questions with regards to this 1 NO INSURANCE COVERAGE PROVIDED- not hesitate to contact our office. NOT FOR INTERNATIONAL MAIL (See Reverse) Respectfully, s r� /�, , ) ‘ -� ! STR�E�T AND NO. f7 �/� fin- /G C `.7. ) // , „ _. jG,^ -_G ` C":2' C f . Ken McWilliams t - Assistant Zoning 1A A, � i $ ; r co OS A 0 v z 7. Y 1�' 6 to Kra:kmh •: : : ": c `. oc r.1 n '? 1 cc : LaVerne Nelso • A O �1) z o g O `� , `� 1912 — 2 5th Ai . E b : .. uc� '' Ir. + Greeley, CO 8 c - ❑ 3 id � e �l p t i W M � re' rs szow db • II ' • W ... d + 1 jig i II el Rig a t3 1 vitit ftwE' t ', ' 1 2 sa2r L4 ,H1 _ IjVD(,$; ! U v , fa ii .9. It it, so it t I NA, ) -e., a„, = < g 4 OOO O lii (4: i i h < O • .. a INSURED AND COMMA) MAIL PS Form 3511.$0' 1976 RETURN RECEIPT. REGISTERED. NELSCO INC. 1912 25TH AVENUE GREELEY, COLORADO 80631 (303) 352-6362 December 21, 1977 Mr. Tom Honn Zoning Administrator Weld County Courthouse Greeley, Colorado 80631 Dear Tom, Enclosed are two copies of a letter with supporting documents from Chester A. Smith, regarding his request for lot size variance. I believe we have complied with the requirements of the Planning and Zoning Department for this request. Please review the information and, as appropriate, submit it to the County Commissioners. Since I am acting as agent for the owners of this property, please notify me of any submittal or hearing dates, so that I can notify the owners. If you have any questions or need additional information, please contact me. Respectfully, NELSCO, INC.,,,, ,,) ,„„ i,,,,...,/ L Vern C. Nelson ch _ :, / 1 ~ 10±, , ,,‘„,,, , ,...7 / I , ,..? '. 1 - 1, ,tTii'H { (jy ,-, r; fv X / 1,T,wr^.t +yam.'' 'f,w1 w...: t f e I-14 I • 1, .. t z i a 50 i i , , Ca. a i 4: P ,. v ..`t t '31yq ;. %, ... / r� p r > ''' t.7 „..i. _ S0 4 _,• ,. ...?1_,T 5130 \i],,, ,V).6 5002 5. 1 E.... • \ /. , )\ -- 7 , ____, i.e .., I. ___ D alto( P1 2 17 16!s/o K r 5008 / COLORADO ND S 1\5074 1 --H---' ' . \\j'iC:i_ � Ol7T� �i,. 4982 1 / I ��. ---,-------- / / ERN\`f o0 ,,, . � I t i�, Black �� VI617/ I A 11 I, , ,, 1 ��.fi►tJ S I 11b. E I ra Nl/�! 'lames 504/ Ja II • / c. �7 T.7 •G'T ll`/ := Lake ,oe •4966_ J 7 • ° /'� N ------).Th • A / / ') I ) ,, I, . / -\':---)\------\ V , -_-___:---(c), \\_/_\ i ,y - Smyth 4978 ).\n \ 21 sC_ (". -ill) 5044 - Res ) 4939�i iII -A ,\i_____,-: _s,-:„io: II,II:.,,,, o il 4973 r I, �� o 4944 ',� _--_ _ - ', ...4992 _-.-.`__ :.. - • -_- 2,4 ._ --.— --_ -_--- o . 500 0 HM �A_ jII 11, 7,\ / e' MI�� Lee Lae y \ VIII �1 \\ Ilr / o \ 2 �\ 30 ��_, 29 4x54 ; ; 1 t_/_) \ ii 257 c.., r) , . ,, i 1,I I Q D A.4 i \ . LI..4" N - 4939I• \ .„_/ '4969 -- - -- 14972! ,, .. •'4 5/ • ," 4958 I I O / Tr', , /__, ' - /,'• ''- 1 '� � � 3 4920 2 33 4936 b \ ; 01 \ 0 ''\,\L \ -N. /-\ , • ( /) ! (//) 13M • 4882 1 _ = 4902 � - .�--. r __ ��-- -ate _:.�.- r;..-� �.-.-�_ �.._� _� - ' !--��-.-� ! .. - — :• x!`48 4925 omp on.,aC Th s i Lake I ^__/) • " 4925 I ,_r \ '8`- \.< 6 , 4886�' 4 � -Iii- n 4863 y ll Mi \ 4867 48321 _ -' ,_r-- =z j _ • - _7\ �.: •iii• 4832 \\\ 42II 4890 II l II I 4823 rns J w • )Lake Canal � � I' ..,:f Res Nol ii HI cn 9„-:,,) . 7 ° 80 t I 48 257 lI• I ��_—� A., �_-- 'U , \ _ /(7 ---, \ I— �° 25 co'� X870\___ A i/ / \ o / 7 9 I ° • an-Y 4802 4817 -c121-L-,=_-_-• o Aver �e4o_ . Q, \ < - ._, '7O °' "- GIEELEY °• • ........_ I C-116‘-'0 9 C,,i• . _ _ , cs,„ .------ ,,_,----,,,,,,,..„ --,__N_____ __ \ ,•___ ,,,,,,„s O ,,,„, ,. ,_ ) , n O -9, ..i - -,..._ ___ / \\\ 4794 • °■ ` ___ a o° 4806 4804 0 \ �' O :\; Windsor Lake O ` \ •■, ..- • � =')0 /7;i 478(BM i i ii l w I oo •..•. \, 8 . • ••• a i1 0 6b a :,.: BM 4x02 4� • ... .��=i 1 °• 4798 .... .. • � ...... � 88 392 47 � ' ..........n.......i.... . ...... t ••. O n n l�l _,) 1 - , ..., • ••• •■• w Stackpill. C D • 4 \4790 J • • r ��2 • ° ° �_.. • .. Windsor Th, • ( I. / ii 20 ° 21 �2 , • `\f-e6c, , 19 , .iv -. 251 ‘ \, --) \ \ / '`\ --,---____- \y 2ice.. 4780 --_r / Q C, 4710 I � �� C�Ao, c�po �__ �., V �,.iTcy i❑ Sewage Disposal BM_ __, V O Plant A\ ti �A 4774 � \ < � — � ! � 768 �� ---�.� — o ) ,_Zyy(//,---------_, y,\,),./..,---- —? ■ __ .. - __ \ 'L --- = __ 476 ��._- _ Hello