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HomeMy WebLinkAbout770670.tiff CD ris RESOLUTION RE: RECORDED EXEMPTION NO. 270 - MST COMPANY REPRESENTED BY T. S. COLLINS. 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 meeting held on the 22nd day of August, 1977, in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land, being the property of MST Company, located in Part of the NE14 of Section 4, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: That Part of the Northeast Quarter (NEB) of Section 4 , Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, lying North of the Union Pacific Railroad and that part of the Northwest Quarter (NW') of Section 3, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, lying North of the Union Pacific Railroad. Said described parcel of land is subject to any right-of- way or other easements as recorded by instruments of record or as now existing on said describe parcel of land. does not come within the purview of the definition of the terms "subdivision" and "subdivided land" as set forth in Section 30- 28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, 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 de- scribed parcel of land owned by MST Company, represented by T. S. Collins, be exempt from the definition of the terms, "Sub- division" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 {Lsr ea e..1._ ‘075--O270 770670 C) The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of August, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS COUNTY, COLO 0 ATTEST: al a.;2A^"^" """ W •• County, Clerk and Recorder d Clerk to the B Deputy County Clerk APP •OVEtr AS TO County Attorney Date Presented: August 24, 1977 -2- r_ Copy of resolution granting RE #270 RECEIPT FOR CERTIFIED MAIL-30x4 (plus postage) SENT TO POSTMARK OR DATE _ T. S. Collins, MST Company STREET AND NO. . 1635 36th AVe. Ct. P.O., STATE�AND ZIP.IP CODE (D py'3r�p p (, �� O54-AL ScRVIa&STOA Ii0DIT10NIILLFCE 1- 8/25/77 RETURN 1. Shows to whom and date delivered 1S4 i4ith delivery to addressee only.. 654 RECEIPTIDI 2. Shows to whom,date and where delivered.. 354 SERVICES With delivery to addressee only 854 DELIVER TO ADDRESSEE ONLY ..... ... .. _50d Q SPECIAL DELIVERY (extra fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See ether side) ' Apr. 1971 NOT FOR INTERNATIONAL MAIL O GPO: 1044 O-551-954 1IYN 03141/130 ONV comma 'Qdh314103V '111331$NWLLIV Sin • 'T185 INN Sd r f" i ![ , fl! E 0to .3 r1rj ?iJT a 1 mg S f F # . 1. O lg o 0 g, n n 4 P °6ap' , y pRry�711sQ' ixyif % aN 101 o0 ,/ I"'• OeOIL" E3• g k co a g °''1 .P z N 4 p a S 0 e o 2 - 0 (D CO a ECUC g N. N 0 S f a = to 3 rt . .ate r a g ti w A N0 Wnx agEegwaa t$ • v w a. o O 1+ 71 a 7d S. • 1,\ ` o g a." c w b 0. G �' � / fl L4 - • #tC'ORDED £A'S/yfAT/O/Y N.° 1209-4-I-KE 270 • (�•NPej pk 270.0 ' s i4 Car. S.'etra LtJ E. 5"•33 \er PK P Pan.m' Ce-.41!.29 44 A:3/41•7 ac T (a'.ee.w) N•9o'c�lp E NNCin 4ShreirNlt �e.o Y``Pi./� sec 3 s as•Ps�t1"s✓. See 4 iY%g Cvn Sec si isSra' CS X.,A< , 14.67/►: Y NLY�4 I ' Car 47a 'r. SEL�.� 6417/' „ (tit„ A7rPlEL :4" • S1va�m'7r k 4./30'ACRES V ` ' k` WI t Q i ,r P.4RC6'L . B ' I yE /* SEC. ¢ • 11 . II LEGEND • - Pit' nn.'/ arr'� _Pin sei S%4 Car.See.4 . rW red. ' /rC/N/TY ,1AP ,e---#: i-'?420• q owner ,lfsr Co. e ' % T. S`Co/J% s Ca.RD.Je - -'CJ �i.0�.00 4'n CX �Di' p �..er/ay,co%. sac>i c..RD.36s' 4- Pod • 4 1 //y 77-P7G v/ .PEC'D.PDtD EXEMPT/ON Na I209-4-1-RE270 LEGAL DESCRIPTION • That part of the Northeast Quarter (NEq) of Section 4, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, lying North of the Union Pacific Railroad and that part. of the Northwest Quarter (NWa) of Section 3, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, lying North of the Union Pacific Railroad. Said described parcel of land 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. ,,�/ SURVEYOR'S CERTIFICATE I tify that this plat was prepared under my supervision; and that 0 rrect to the best of my knowledge and belief. $ * 4392 a * JASPER R E COLORAII P. & L.S. NO. 4392 AP r>. %Mitab`re PROPERTY OWNER'S APPROVAL wj?of COt .k We, "e'C, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. MST C iliaavtoi P &4- Xt The fore ing certification was acknowledged before me this /3 day of � Qv_ ,�AA.D. , 1977. My Commission Expires: ey 4-e.c O, I9'71 Witness my hand and seal . ea-Notary Pub � �x�c�iG� PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and appr. •ed r filing. - C , OMAN B' ' ' D OF COUNTY COMMISSIONERS qiTE T County Clerkirk: ' (:Ac, tz v .y.J ) Dated 1 el Avgetwzoo' freceSec%v re4'ny e DEPARTMENT OF PLANNING SERVICES WI D PHONE (303) 356 4000 EXT. 400 C. 915 STREET G REE LE Y, COLORADO 80631 COLORADO August 22, 1977 Board of County Commissioners Weld County, Colorado 915 - 10th Street Greeley, CO 80631 RE: Recorded Exemption #270 Dear Commissioners :. The attached application, plat and related items are in reference to a request by the MST Company represented by T. S. Collins for a recorded exemption. The parcel of land in question is described as Pt . Ni of Section 4, T3N, R67W of the 6th P.M. , Weld County, Colorado. The property in question is located five miles south and i mile east of Johnstown. The subject property contains ap- proximately 170 acres of Class II , IV, and VI irrigated soils . The request is to split the property into parcels of 4 . 130 acres and approximately 165 acres . The request is to severe the 4 . 130 acre parcel with the existing residential improvement from the remainder of the unimproved agricultural land. Mr, Collins indi- cated there currently is not a need for an additional residence on the unimproved agricultural land since it is farmed in conjunc- tion with another piece of property where the improvements are located. Based upon the information submitted and the adopted policies in the County, the Planning Commission Staff recommends the request be approved for the following reasons : 1 . The proposed split conforms with the intent clause of the re- corded exemption procedure (Section 9-2 of the Weld County Sub- division 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 surrounding agricultural uses and it would be promoting agricultural use of agricultural lands. Re pe• fu y, Thomas E. Honn Zoning Administrator TEH:kmh em e-N APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : LAND CODE : CASE NO : T : S : 1 /4 : DATE : -7/.2z5/77 LEGAL DESC . APPR : APPL . FEE : $' sto no APP . CHECKED BY : RECORDING FEE :ACitt,.. DATE SENT TO BOARD : RECEIPT NO . : r-65-3. DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : ( Print or type only except for required 3 signatures ) : i I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemption by the Weld County Board of County i Commissioners : LEGAL DESCRIPTION : f " LEGAL DESCRIPTION That part of the Northeast Quarter (NE',) of section 4 , Townshin 3 North , Range 67 I Moot of the 6th P.M. , !field County, Colorado, lying North of the Union Pacific • railroad and that part of the Northwest Quarter (NUL) of Section 3, Township 3 orth, Range 67 Uiest of the 6th P.M. , Meld County, Colorado , lying North of the Union Pacific Railroad. k Said described parcel of land is subject to any rights-of -way or other easements 9 i; recorded by instruments of record or as now existing on said described parcel , or land. - ACREAGE : LOT "A" 4.130 ; LOT "B" ;TOTAL : HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO FEE OWNERS OF PROPERTY : • NAME : MST Co. . c/o T.S.Collins ADDRESS11635 36th Ave.Ct. PHONE : I NAME : ADDRESS PHONE : NAME : ADDRESS PHONE : WATER SOURCE It U\ „„�,, coM w T Qt re. f � TYPE OF SEWER ,Clt,�\�u - Iy,1., PROPOSED USE 6N,,,,,k, I hereby depose and state under the penalities of perjury that all statements proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . A , COUNTY OF WELD ) 5J C�� STATE OF COLORADO ) /a_ S g ature : Owner o'r Authorized Agent Subscribed and sworn to before me this /34-4 day of 94-17— , 1927 SEAL NO BLI -2/aG i97K kMy mmission expires . r • O �' V 1S . 446.1! �c y $ 1 $ •ill� ' , $.• y44. , A „,;-.4., � 1 ,fil A... �r� 44 y(.; t �dA1V l• 1 .' Al 1 s `� � 31, }, '+ a 'at"' 'p Fr. i • t _ is A { •Y I� /4t, At { i 7 4,,,,...,.- .N 9 'A r- S '^h'f 1 g!' a a 5 • a �/ , pA4 4. Iso� i e a - 5° - r }�u 1 , ,!, ., -; � h t�. �4 C a� �^ ,."+' / 3 .e dpD 91 k� Ia... _'� .. t. -.a ••' ,+x16 1 1 5 1 1 ! f { � 1fl $ +, I 4* 7iyyrr I�} : e+ 'fi"z-.S • Al 't11 tiwry�r. C (. sFrero* - 1 Sr !1 eu.,.,. , ,�:",.!....41.1 E, r 1 S ' rI 'r a ,- I. 1• . $ Y,a ➢1 klv [ 14 W'I ‘� rr4 ,�c9ys jl pa'i. -S 1 .rya h i G 5 I i T.. + .. . 1. �A f,. ) # I . '',,d'k 2. •er (1 1 19 • : Me1 v heck Seh ^ r ) 7 1 �00:, ". i 1. ° - 33 , "rd..' tr te . ' ', R • 7 a �, J�Y �I v y\ k 'c� Ta6y y !, Y • a 1 ,r' 4. At . - , Sr ¢ icia • rt qa 'F 1 ti `� I.,," ,14'l ea 1 d _- R . .� 9� m S1! - �..rrF'a`" / T' •• Y : i Q�f} ry 1i }'!�'-:Ti'. eta,' y fi 1 �y.y . 4� ' ~ ra".�: • WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION WHEELER REALTY COMPANY 1331 8TH AVENUE PHONE 13031 3881331 GREELEY. COLORADO 80831 July 28, 1977 ,to,tyY • �I.�J,� n, JUL 1977 sal 2 RECEIVED c$ co Weld cousH ;03 Mannint 6ommissim - l Weld County Colorado c19l91b1t` `0 Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Request for recorded exemption, Pt. Na of Sec. 4, T-3N, R-67W of the 6th P.M. ATTN: KEN McWILLIAMS, Assistant Zoning Administrator Dear Mr. McWilliams: In regard to your letter dated July 20, 1977, requesting a letter explaining the reasons for the above requested recorded exemption, I herewith submit the following. 1. The entire unit is not a self sufficient unit in its entirety. 2. The headache of upkeep on the buildings and improvements plus keeping them rented and maintained is not very economical. 3. An individual owner of the buildings could take much more pride in them as an owner than any renter we could put in them. 4. Splitting or dividing these from the balance of the land only makes the balance of the land much more economical to operate for not only the land owner, but also to a farmer wanting to expand his present operation to spread the present modern day equipment costs over more acres. 5. A new tract owner will spend money improving this tract and further increasing the tax base for the County. I hope the above reasons are satisfactory and help explain our reasons on investors for this land division. Sincerely yours, MST CC T. . ( ) Co ns, Jr. ch JOHN R. P. WHEELER. REALTOR • MEMBER • AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS • AMERICAN SOCIETY OF REAL ESTATE COUNCILORS NATIONAL ASSOCIATION OF REAL ESTATE BOARDS /. . ("N.. .� WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STIC E OF COLORADO) COUNTY OF WELD ) The TRANSAMERICA 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 . LEGAL DESCRIPTION : That part of the Northeast Quarter (NE.,) of Section 4, Township 3 North, Range 6? fie. t of th? 5th 7.n. , 'Mid Co .'lo 'ahL. l /inq North of the Union Pacific r ; : read and that part of the Northwest quarter (?JL) of Section 3, Township 3 North , Range 67 West of the 6th P.M. , !Meld County, Colorado, lying North of the Union Pacific Railroad. CONVEYANCES ( if none appear, so state ) : Reception no : 1710655 , Book 789 See attached copy Reception no . , Bcok Reception no . , Book Reception no . , Book Reception no . , Book Reception no: , Book Reception no . , Book Thi : Certificate is made for the use and benefit of the Planning Commission of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title :nor an opinion of Title , nor a guarantee Title , and the liability of TRANSPMERICA TITLE INSURANCE COMPANY is hereby limited to the amount of the fee paid for this Certificate. In "itness Whereof, TRANSAMERCA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 27th day of June , A. D. l9LL, at 7:45 A.M o ' clock . TRANSAMERICA TITLE INSURANCE COMPANY ByCr AE1T, iZED SIGN T� • __..__..„ J' fE8 A IT • 789 1^t0655 .. ,/ / WARRANTY DEED - • • • KNOW ALL MEN BY THESE PRESENTS, That John Alfred _ •v _u.rvon and .•s't.iter M. Magnuson, nf'the County of Weld, and State of "'nl.,rad,.. lu ' ;he consideration of Other Good and Valuable Consideration i ' ,lit, and 00/100 Dollars, in hand paid, hereby sell and convey to MST Cu. . l f . P,,.ruler ship of the County of Weld, and State of Colorado, the following a k •_ ,i r. ,n,-'rty. taste in :he County of Weld and State of Colorado, to-wit: ° '4 ._ ., .pit Fmc1.•y National Plaza, Greeley, Gatorade 4110:1. The NF 1/4 of Section 4, Township 3 North. of Range r,, f 67 West of the 6th P.M. , in Weld County, Colorado. i 4 s That part ut the NW 1/4 of Section 3, Township 3 • r Y North. of Range 67 West of the 6th P.M. , in Weld o County, Colorado, described as follows: Beginning It a1 the North Quarter Corner of Section 3, running 1 thence West along the North line of said Section 3. 2574 feet to the Northwest corner thereof, thence 1li d -. South 2222 feet along the West line of the Section, to `,_ i the North bank of t:•e St. Vrain River, thence along I th. North bank of the river, N. 74°53' E, 304 feet; 4 • s North 82°12' Fast 364 feet; N. 20°10' E. 160.5 feet; 2 S North 40 Fart 150 feet; North 74°48' East 576 feet; I . r - North 49°30L East 236.7 feet; North 60°45' East 208 I f Y I . y t-. feet; North 75°18' East 179 feet; South 14°40' East 223 j _+u ;r^ / I feet; North 71°12' East 464 feet to the North and South - ; center line of said Section 3, thence North 1422 feet to• • •-7t),. , - the North quarter corner, the place of beginning, t ' e Together with all water and water rights, ditch and ditch vg • rights, reservoir and reservoir rights appurtenant to and 1 g A used in connection with doemstic or irrigation water supply y " to said premises including, but without limitation, 5 shares f of the capital stock of the Ish Reservoir Co., 1/2 share of 4 I the capital stock of the Highland Ditch Co. , 3 shares of the { .f capital stock of the Farmers Extension Ditch Co. , 4 shares I I • of the capital stock of the Erkenbeck Lateral Ditch Company, 4 1 200 acre foot allotment of the Northern Colorado Water t pp Conservancy District, and all right, title and interest in and '!t. to tile Moeller Reservoir and all water collection, inlet and 5 outlet ditches used in connection therewith, And further , S together with all wells, pumps, pumping equipment, um io - t x € P P P P gpumping g f f stations, pipe, casing, electric :..otors and all other equipment 3ii Iused for the domestic water supply and irrigation of said F` ,. .4 premises, Grantors do not warrant title to the foregoing water ¢y e rights. 3 2 Reserving however unto Grantors an undivided one-fourth } interest in and to all oil, gas and other minerals including r ' an undivided one-fourth interest in and to the landowners ,t share of existing production, it being the intent of the parties f( 3 to convey one-half of the minerals now owned by Grantors t ,'4 / °Y and to reserve one-half of the minerals owned by Grantors, i (I • The undivided ono-fourth interest in and to all nil, has and 'A�i 4 t i .,�.,�. ,,,•,....... ."- - cn F...t n,• rexwei .,I Grm,.nt, i reserved and is intendeJ to vet _ a.; follows: I — F-••..1 dddIt - 3 An tndivi dr.: o.te eighth in .lolm Alfred Magnuson .'nd, ..n r. undivided one-eighth in Esther M, Magnuson individually and t •1 not as co-tenants. tt t I yy yv Ap •- !• ° a • -. -� ....- 17?'"c' 9$9 A . , ..L ,ii- appear' Hailers, and warrant the title to the same, subject to 1977. re.,l properly ea\es. oil ante gas leases of record, Condemnation Decree } 1 I' rc•r :-d m iu,,:. 114. Patin 23, Quit Claim Deed recorded in Book 414, Page N d ^d:v:•,n.ninn Decree recorded in Book 332, Page 420, Reservation in \t - -.•y Deed recorded in Houk 498, Reception Nu. 1433647, Quit Claim Deed A r. e• ' of Bone 710, Page 525, Reservation contained in Deed recorded in , ... .. . .. ... ... 287.7. ..11 recording data referring to Weld County Records, 1 , ' as'.','' :. 9L•: arising by virtue of inclusion within special improvement districts and e , :nr nes and rights of way of record, or estiblished on the premises. d i 1 t" w / 1 ' Signed and delivered this j day of 7,d s � , A. D. 1077 OOd F ( el, id 711 F oho Alfr fr A MagMagnuson) [ .I fi reins'-i)7L."1'1:t--)l2es.ai..T_ A Esther M. Magnur6n ; r. STATE OF COLORADO ) 4 COUNTY OF WELD 1 :« The foregoing instrument was acknowledged before me this .1+..t t 4. j day of 1,e( 1;;4 y_ , 1977, by John Alfred Magnuson and Esther M, i [ Magnuson. i II { Witness my hand and official seal. 3 # 1 My Commission Expires: /(,. .. ' YI 3il I ..• I 4 rj1P.i;1• i, Notary Publi 4 C t 1 i Q i IF I -so-i I I F. A I w iI P ! PiS K -. .azvr»ww 4rr LITTLE THOMPSON VALLEY WATER DISTRICT DIRECTORS; TELEPHONE 532-2098 DEAN O. ANDERSON 307 WELCH AVENUE LOUIS F. REIN DRAWER G DAVID MCGEE July 8f 1977 BERTHOUD. COLORADO 80513 E. THOMAS RICORD CAREY J. SALOMONSON MANAGER: LOVILO H. FAGAN T. S. Collins Jr. 1635 36th Ave. Ct. Greeley, Colorado 80631 Dear Mr. Collins: The Little Thompson Valley Water District can supply one additional domestic water tap to aparcel of land located in the Northwest quarter of Section 4, Township 3 North, Range 67 West of the 6th P.M. upon receipt of a tap fee and compliance with the rules and regualtions of the District. This offer will expire one year from this date. Very truly yours LITTLE THOMPSON VALLEY WATER DISTRICT /0-1,4,49/77all Lovilo H. Fagan, Manager LHF/ma cc: MST Company (T. S. Collins) RE-270 REFERRALS July 21 , 1977 County Attorney • \,. .„31"-Cr;‘yi 4346----JEW I 50, 15 Cop; &1'7'/ s IJ,y )(4'OB re. 1 � TTG 1 FIELD CHECK FILING NUMBER NAME Yl Sr OD 7/(20-) -7" REQUEST R� LEGAL DISCRIPTION i\+- A) 117- See , -- 3 I:7 LAND USE N J Q E Z/ _ . S lc W ZONING N • - LOCATION S/ n' S4 E /'I1 errewe W COMMENTS : .7 - r 9 - 7 FA' • BY ii qy \ ` DEPARTMENT OF PLANNING SERVICESWI W PHONE 13031 356-4000 EXT. 400 C. 915 STREET G REELS 1 COLORADO DO 80631 COLORADO July 20, 1977 MST Company c/o T. S . Collins 1635 - 36th Avenue Ct. Greeley , CO 80631 RE: Request for a recorded exemption on Pt . NA of Sec- tion 4 , T3N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. Collins : Your application and related materials for the above described request are complete and in order with the exception of the submission of a letter of explanation detailing the reasons for the request . I have scheduled a meeting with the Board of County Commissioners on August 22 , 1977 at approximately 9 : 30 a.m. Said meeting will take place in the County Commissioner ' s Rearing 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 the application. If you have any questions with regards to this matter, please do not hesitate to contact our office. Respectfully, I { I , Ken McWilliams Assistant Zoning Administrator KM:kmh kmh �. RECORDING DATA "pzS NAME OF SUBDIVISION hECO D_ EXEMPTION NO. la04'4=1-RE 270 � MST Co NAME OF SUBDIVIDER Colo Par of the NE4 Sec 4, T3, N R67W of the 6th P.M. Weld County IOrATION OF SUBDIVISION Q AUG 25 1977 BOOK 806 RECEPTION M DATE OF RECORDING a/7a MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY DEPUTY COUNT . ERK 6 RFC DER Hello