HomeMy WebLinkAbout790852.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 362 - ESTHER W. BANEK, ET AL.
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, it has been determined by the Board of County Com-
missioners of Weld County, Colorado, at a public hearing held on
the 8th day of January, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of a certain parcel of land, as shown on the
plat known as Recorded Exemption No. 362 , being the property of
Esther W. Banek, et al. , described as the Southwest Quarter of
Section 25 , Township 6 North, Range 65 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as
follows:
The Southwest Quarter of Section 25, Township 6
North, Range 65 West of the 6th P.M. , Weld County,
Colorado.
Said described parcel of land contains 160 acres,
more or less, including Right-of-Way for the Union
Pacific Railroad recorded in Book 314, Page 26, of
Weld County Records, and is subject to any rights-
of-way or other easements as recorded by instruments
of record or as now existing on said described parcel
of land.
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, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board desires to exempt this particular division of land from the
definition of "subdivision" and "subdivided land" pursuant to its
authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended,
and Section 2-lA (3) of the Weld County Subdivision Regulations.
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 Esther W. Banek, et al. , be, and hereby is ,
790852
exempt from the definition of the terms "subdivision" and "sub-
divided land" pursuant to its authority under Section 30-28-101 (10)
(d) , CRS 1973, as amended.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
January, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: ‘711,4,10,4„;4.44;„
Weld County erk and Recorder
and Clerk to the Board
By: a 2/.--ne'. [al— �1 ,G'�, v'C2,4
Deputy County 3lerk r
.✓ .
KAPPROyED AS TO FORICI:
gifager/ 0
County Attorney
DATE PRESENTED: January 10 , 1979
RECORDED EXEMPTION NQ. 0803- 25-3-RE 362
•
LEGAL DESCRIPTION
The Southwest Quarter (SW' ) of Section 25, Township 6 North, Range 65 West of the
6th P.M. , Weld County, Colorado.
Said described parcel of land contains 160 acres, more or less', including Right-
of-Way for the Union Pacific Railroad recorded in Book 314, Page 26, of Weld
County Records, and is subject to any rights-of-way or other easements as record d
by instruments of record or as now existing on said described parcel of ',,,l//andd. 6
SURVEYOR'S CERTIFICATE i21
I hereby certify that this plat was prepared under my supervision; and that the
same is correct to the best�topy �}(l,tgi�cNedge and belief.
�e't Ste.AGISTA: Cs.ei,
tom. 0t
JASPER , R ,. E 4 �, 4392
COLORADO P. & L.S. NO j 4Vi aJ =
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PROPgRTY OWNER'S APPROVAL
We, Esther W. Banek, Helen A. Scheetz, Clara L. Woods, Juanita E. Glarum formerly
Juanita E. Schiebel, being the sole owners in fee of the above described property
do hereby subdivide the same as shown on the attached map.
sther W. Banek Helen A. Scheetz
:ger rid)
Clara L. Woods Juanita E. Glarum
Formerly Juanita E. Schiebel
The foregoing certification was acknowledged before me this 27th day of
N. v , A.D. , 1978. Witness my hand and seal.
My commission expires February 7, 1979
tNotary Public 0
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
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ilLore4L441
del r
ATTEST: County Clerk �V
By
Dated � U
r .• 7®-686
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RECORDED EXEMPTION No. 0803 - 25-3— RE 3L
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
IlDC.
COLORADO
January 8, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Recorded Exemption #362
Dear Commissioners :
The attached application, plat and related items are in reference to
a request by Esther W. Banek, etal . , for a recorded exemption. The
parcel of land under consideration is described as the SW* , Section 25,
T6N, R65W of the 6th P. M. , Weld County, Colorado. The property is
located 3-1/2 miles northeast of Greeley. The property contains 160
acres of Class I , II , and III irrigated soils.
The request is to split the property into parcels of 1 acre and 159
acres. It is the intent of the owners to convey the 1 acre parcel des-
cribed as Lot "A" to Helen A. Scheetz in partial satisfaction of her
interest in the total parcel . Helen A. Scheetz and her husband, Alex
Scheetz, have made their home upon the parcel for 40 years. Mr. and
Mrs. Scheetz wish to construct a house on the 1 acre parcel where they
will reside. The 159 acre tract and improvements will be sold as one
agricultural unit .
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be approved for the following reasons :
1. The proposed split conforms with the intent clause of the recorded
exemption procedure (Section 9-2 of the Weld County Subdivision
Regulations) , the intent clause of the Agricultural District
(Section 3 . 3A of the Weld County Zoning Resolution) , and the Weld
County Comprehensive Plan since the use would be compatible with
the surrounding agricultural uses . It will be encouraging agri-
cultural uses as the highest and best use of the land by keeping
the larger parcel as one large agricultural unit . Agricultural
production will remain the predominant land use.
Board of County Commissioners
Page 2
January 8, 1979
2 . The request complies with the provisions of Section 9-4 (A) of
t . - Weld County Subdivision Regulations.
irtAA'‘
R- spe.tfull g
Thomas E. Honn
Zoning Administrator
TEH/csd
APPLICATION FOR RECORDED EXEMPI .JN laoJ00 S
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Glre ey , Colorado3A15
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . APPL . FEE C-1) .
ZONING DISTRICT A RECORDING FEE q•
DATE ft- S-16 RECEIPT NO . lcc
APPL . CHECKED BY a c/bb
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 :
Southwest Quarterof Section 25, Township 6 North, Range 65 West of the
6th P.M.
ACREAGE : Lot "A" 1 acre ; Lot "B" 159 - Acres ; Total 160 - Acres
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X
Are there any existing improvements on Lot A? Yes No X
Lot B? Yes X No
FEE OWNERS OF PROPERTY :
Name: Juanita E. Glarum Address:1204 Emerson,Alliance,NE
Name :Esther W. Banek Addressl300 23 Ave.Ct.GreeleRhone 352-5078
Name :Helen A. Scheetz Address31268 WCR #47Greeley Phone 353-1782
Name :Clara L. Woods Address2435 W. 11th,Greeley Phone 352-2587
DOMESTIC
WATER SOURCE FOR : Lot "A" North Weld Water ; Lot " B" North Weld Water
TYPE OF SEWER FOR : Lot "A" Septic Tank ; Lot "B" Septic Tank
PROPOSED USE FOR : Lot "A" Residence ; Lot " B" Farm
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plans submitted with or contained within
this application are true and correct to the best of my kno ledge .
Juanita
4,40-(frAis.
COUNTY OF WELD/ ) . „�,��, jet?Glarum sther W. Banek
STATE OF COLORADO ) ,j Helen A. Scheetz
Signature : Owner or Authorized Agent
ara L. Woods
Subscribed and sworn to before me this :27 day of ,,.,,,i4z,, 1 97, .
SEAL
N o r y Public —�—
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My Commissionaexpfres :
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•
November 21, 1978
Department of Planning Services
Weld County Commissioners
County of Weld
915 10th Street
Greeley, Colorado 80631
Gentlemen:
Attached hereto is an application for a Recorded Exemption
for the Southwest Quarter of Section 25, Township 6 North,
Range 65 West of the 6th P.M.
The said property is owned by Esther W. Banek, Helen A.
Scheetz, Clara L. Woods and Juanita E. Glarum. It is the intention
of the owners to convey a one acre tract described as Lot "A" to
Helen A. Scheetz in partial satisfaction of her interest in the
Southwest Quarter of said Section 25.
Helen A. Scheetz and her husband, Alex Scheetz, have
made their home upon the Southwest Quarter of said Section 25
for 40 years. Mr. and Mrs. Scheetz want to construct a house
upon Lot "A" where they expect to make their home for the
rest of their lives. Lot "B" will be sold as a farm.
Very truly yours,
/ , J
Esther W. Banek
Helen A. Scheetz
-Li fj .e1_
Clara L. Woods
V) Juanita E. Glum
BOARD OF DIRECTORS ••"Tree'=,7$
ERNEST TIGGES - - NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE 0e# 11ri?' V HIGHWAY 85 LUCERNE. COLORADO 80646
GARY SIMPSON *-
TOM REED A i �•`�,_. LYLE NELSON, MGR.
I�"- P.O. BOX 56 - PHONE 996-3O20
November 21, 1978
RE: Water Service Alex & Helen Scheetz
Dear Sirs:
This letter is in response to your inquiry regarding water
service to the following described property :
Sec. 25-6-65
1 . X Water service is presently being provided to the
above described property .
2 . X Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter , this
letter shall become null and void .
Additional comments :
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
262
Lyle D. Nelson, Manager
LDN/rr
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9,
/ r e DATE REfISIERED by STATE REGISTRAR
.
\0 STATE OF COLORADO
CERTIFICATE OF DEATH I
I PHYSICIAN OR CORONf Fti
4- -- ',IAII III ^VNdl,l:,
a� .I
to Edith Schiebel Female ( January 14, 1978
L ,
Henrietta Female
White r - I. , G, 189_ field
,! ,I I I � ,crnan I 35 i I � o
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I I Grcele j Weld County General Hospital Impatient
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Wic o ed No No
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Russia NSA llA, 'C , _.._ ._. _
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522-50-1307-.A housewife I ,, At Home
,-:,a ,r- 7 rw;raan. ,n^RER ,InrE,l,
..",,Or i Colorad
o (Veld _ Greeley 80( ! ,., 4 9 15th St Yes
Katherine Margaret La
31 142
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Jacot Pn
, �,_ Mein i 1
Mrs. Esther liana; Daughter f... 1300 23rd Ave. Ct. Greeley, Colorado 80631
8u al
-+ 7 �fi in�cGrove
AllnuttCemetery,
Greeley, Colorado
80631
Jan. 1, ,1� L
oe r
Y Mortuaries, 702 13th St. Creeley, Colo
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I E. J. Hesse, M. P. 1220 11th Avenue Greeley, Colorado 80631
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: t CIt t. Of Co]-or-Lilo
county of Weld
I hereby certify that- the above is a Photo-Copy of the original Death
L ) t't. iticate filed with the Bureau of Vital Statistics.
•
Subscribed and sworn to before me this /4j da of 1978
"y commission expires
May 1 , 1980 te
N RY U C
4.1
I I l
BOOK 1304 PAU i , ,,;t )`, ;:i, r.:� 1J C Q As,
DEED OF EXCHANGE
THIS DEED, Made this first day of March, A. D. 1951 , by
and between ESTHER W. BANEK,VHELEN A. SCHEETZ, CI'1RA L. WOODS,`
and JUANITA E. SCHIEBEL; as first , second, third, and fourth
: la parties, , respectively , and EDITH H. SCHIEBEL, as fifth party,
` t", all of Greeley , Weld County, Colorado , WITNESSETH:
'': 4S444•::11 WHEREAS, the first , second, third, and fourth,yparties are
-- the daughters of Henry Schiebel , deceased, and of Edith H. Schiebel
and fifth party' s only children, and fifth party is his widow
g' c,1 and the parties hereto together are his sole heirs-at-law and
�'r , ill as such acquired, in undivided interests of one-eighth (1/5)
to each of the first four parties and one-half (1/2) to the fifth
party , and now own a certain farm property of said deceased as
hereinafter described, and
WHEREAS, it is mutually desired to conclude an agreed sale
and exchange among them of fifth party ' s and, collectively, of
the other parties ' interests in said property so that the fifth
party will , for her lifetime , have all of the income and rents
therefrom and the other parties shall become the owners of said
entire property , but subject to said life estate therein, and
WHEREAS, the parties have made inquiry and study of values
of tho propertyy and are well familiar therewith and consider
that the exchange of interests therein effected by this deed
is a sale and payment by each of the first four parties to the
fifth party as a sale upon adequate and full money value as to
their interests in the property hereby bargained, sold, and
conveyed to the fifth party , and that the conveyance herein made
by fifth party to the other parties is the purchase upon adequate
and full cash value for fifth party' s interests in said property
4.
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BOOK 1304 PAE$E 115
hereby conveyed, so that this deed constitutes an equal offset
in money values on the part of the fifth party and on the part
of the other four parties , collectively;
THEREFORE, in consideration of the conveyances by
each other herein made and in equal exchange of said interests
in said properties, IT IS COVENANTED AND AGREED:
(1 ) The said first four named parties, Esther W. Banek,
Helen A. .Scheetz , Clara L. Woods , and Juanita E. Schiebel ,
hereby b:ar` atn , sell , and convey, and confirm to Edith H. Schiebel ,
fifth party , the use, rents , issues , profits , and income from
the undivided one-half interest of the first four parties ,
collectively , in and to the following described real estate and
water rie',its used therewith, all situate in Weld County , Colorado ,
and In Northern Colorado Water Conservancy District :
The Southwest Quarter (Sws) of Section Twenty-
five (25 ) , Township Six (6) North, Range Sixty-five
(c5 ) West of the Sixth ( 6th) P. 14 . , together with
sixteen (16) shares of the capital stock of The Cache
la Poudre Reservoir Company and twelve (12) shares
of the capital stock of The New Cache la Poudre
Irrigating Company; also , twenty-five ( 25) acre-feet
allotment of water of Northern Colorado Water
Conservancy District and all lateral rights and
rights-of-way therewith,
TO HAVE AND TO HOLD to her, the said Edith H. Schiebel ,
for her lifetime , but excepting and reserving to each of the
first four parties hereto and to their heirs and assigns the
undivided one-eighth ( 1/8) interest of each in and to the said
property , subject only to said estate for her life hereby sold
and conveyed to the fifth party;
( :) And the said Edith H. Schiebel , in exchange for said
conveyance of the other parties to her, doth bargain , sell ,
convey , r:nd confirm to the said first , second, third, and
fourth pnrtie' , in equal shares , the undivided one-fourth ( 1/4)
-2-
-
�'� , i, �
C _ rx
e ! e
Nu 13'01 r,ta 116
to each, all of said property, excepting and reserving to fifth
party , for her lifetime , the use , rents , issues , incomes , and
profits thereof.
IN WITNESS WHEREOF, the said parties have hereunto , in five
originals , set their respective hands and seals the day and year
first above written. --! B s her anek, First Party
elan Scheetz , Seco Party
ra L. Woods , Third Party
/Jy anita E. Schiebel, Fourth Party
Edith H. Schiebel , Fifth Party
STATE OF COLORADO )
) SS
COUNTY OF WELD
The foregoing Deed of Exchange was acknowledged before me
this _Ilst day of May , A. D. 1951, by ESTHER W. BANEK,
HELEN A. SC'riEETZ, CLARA L. WOODS, and JUANITA E. SCHIEBEL.
\ i :1 ;7 ,Nt'WITNESS my hand and official seal.
My commission expires My Commission expires Dec. 1, 1954
Not Public
STATE OF COLORADO )
ss
COUNTY OF WELD
The foregoing Deed of Exchange was acknowledged before me
this _31st day of May , A. D. 1951 , by EDITH H. SCHIEBEL.
WITNESS my hand and official seal.
My com!aission expiresMy Commis io expires Dec. 1, 1954
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FIELD CHECK
FILING NUMBER: R 'C # 3 (oa DATE OF INSPECTION: l )_-\I:5-1t
NAME: tea-her W- I�, oaneK eA- al
REQUEST: Co cAe� �X£r do✓..
LEGAL DESCRIPTION: S\+J4 Stc4(i) a.c, TiN, R105 VI
LAND USE: N Pks- L .p
E Puy i risk\th.tim
S f\ tm•iru t3ru. YP
W Pity c Lk ie.
1 ZONING: N ytcuJ+ re
LOCATION: 113„$' r+.ile,s E �gc1` u. �a t.1s
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COMMENTS: `l
tS�"1vt iVr.pYoVeWleV\ CA.x tcs. py o-Qoad Loa- 8 . it
irA.rbvegysems tAA ae S r. si At v.ro cwt so j}erak O (nut( iciC%- s
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BY: II T
l 4 l (may �Or
It
• Weld
Y/ l ( Health l L Department
OF HEALTH
YV eldCounty f [ealth �/epartment DAVID WERKING. DDS. Greeley
FRANKLIN D. YODER, MD. MPH WILLIAM BUCK. Roggen
Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley
GREELEY, COLORADO 80631 A. M. DOMINGUEZ. JR., JD., Greeley
ANNETTE M. LOPEZ, Greeley
(309353-0540
FRANK MYERS. M.P.H., Windsor
HERSCHEL PHELPS. JR M.D .
Greeley
KATHLEEN SHAUGHNESSY. PHN, Ault
ARTHUR G WATSON. Platteville
14, 1978
Chuck Cunliffe
Planning Services
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Recorded Exemption requested by Esther Banek, Helen Sheetz,
Clara Woods and Juanita Glarum has been reviewed by Environmental
Health staff, and no apparent conflict with health regulations
is indicated.
Sincerely, -1(14--Jo G. Hall , M.P. -I. , Di ector
Environmental Health Services
JGH:dr
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WIIDc. To Planning Commission Date December 21 , 1978
COLORADO From Gilman E. Olson, Utility/Subdivision Administrator
Subject. Esther W. Banek, etal . (R.E. )
There are no engineering problems anticipated by this request.
Any new access needs to have prior ahe__
Gilman E. Olson
Utility/Subdivision Administrator
GEO:sar
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RECORDING DATA - MAPS & PLA .
Recorded Exemption #0803-25-3-RE 362
NAME OF SUBDIVISION
Esther W. Banek, Clara L. Woods, Helen A. Scheetz, Juanita E.Glarum
NAME OF SUBDIVIDER Township 6 North,
The Southwest Quarte SW r 4 O£ Section 25, P
iOrATION OF SUBDIVISION Range 65 West of the 6th P.M., Weld County, Colorado.
DATE OF RECORDING,
JAN 12 1979 BOOK 857RE CEP TION M 17,1'4554
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
B Y: %�E'"""..Uit--.left, -
DEPUTY COUNTY CLERK & RECORDER
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