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HomeMy WebLinkAbout770661.tiff RESOLUTION RE: AMENDMENT OF RECORDED EXEMPTION #105 TO INCLUDE ROGER LIBSACK, SHIRLEY FLOT, J. T. MC KNIGHT AND DON WALTERS. 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 was determined by the Board of County Commis- sioners of Weld County, Colorado, at a public meeting held on the 23rd day of January, 1974 , in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land, being the property of Roger Libsack, Shirley Flot, J. T. McKnight and Don Walters , located in Part of the S1 of Section 21, Township 6 North, Range 64 West of the 6th P .M. , Weld County, Colorado, more particularly described in the Recorded Exemption No. 105 , a copy of which is attached hereto, and incorporated herein by reference, did not come within the purview of the definition of the terms "subdivision" and "sub- divided land" , as set forth in Section 30-28-101 (10) (d) , CRS 1973 , as amended, and WHEREAS, the Board of County Commissioners did on the 23rd day of January, 1974 , resolve that the herein described parcel of land be exempt from 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 Section 2-1A (3) of the Weld County Subdivision Regulations, and WHEREAS , it has been determined by the Board of County Com- missioners that said Recorded Exemption No. 105 should be amended to include all of the property owners of record, rather than as shown on the Recorded Exemption No. 105, a copy of which is at- tached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that Recorded Exemption No. 105 be, and hereby is,amended to include all of the property owners of record. - cI 770661 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of August, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO. cce ATTEST: a'=;� M.n F/_ A,^.P t&• n, Weld County Clerk and Recorder and Clerk to the Boa B : eputy Coun y Clerk APP ED AS TO FORM: County Atto ney -2- Date Presented: September 7, 1977 r RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO POSTMARK Roger Libsack OR DATE STREET AND NO. cr. 1815 26th Ave Ct %--1 P.O., STATE AND ZIP CODE Grcel CO( ppa((,� .NACER%ECE7 run ADDITIONAL FEES 9/8/77 RETURN 1. Shows to whom and date delivered IST '"^ With delivery to addressee only 55¢ RECEIPT 2. Shows to whom,data and where delivered..354 r SERVICES With delivery to addressee only no a DELIVER TO ADDRESSEE ONLY 504 -_C SPECIAL DELIVERY (extra foe required) Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other lido) Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL *GPO: 1971 O-551-151 RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO POSTMARK OR DATE Don Walters STREET AND NO. LC) 609 40th Ave •rte. P.O., STATE AND ZIP CODE I deleyP COOPTION 6EUVICES FOR ADDITIONAL FEES _ 9/8/77 \ RETURN 1. Shows to whom and date delivered 15¢ RECEIPT With delivery to addressee only 55¢ .�... 2. Shows to whom,date and where delivered 354 1 • SERVICES With delivery to addressee only 85¢ _ DELIVER TO ADDRESSEE ONLY 504 O SPECIAL DELIVERY (extro fee required) Z PS Form NO INSURANCE COVERAGE PROVIDED— (Soo other side) Apr. 1971 3800 - NOT FOR INTERNATIONAL MAIL *GPO: 1974 O-551-151 RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO POSTMARK J, T. McKnight OR DATE STREET AND NO. r‘v' 6271 8th Ave 142 • R--f P.O., STATE?AND� ZIP CODE �F� �7 tree_ori18NAFSERVICES4l1R`ADDITIONAL FEES 9/8/77 f y RETURN 1. Shan to whom and dery Delivered ... 15�. RECEIPT With delivery to addressee only 554 4, .71% 2. Shows to whom,dote and where delivered.. 354 SERVICES With delivery to addressee only S5¢ a DELIVER TO ADDRESSEE ONLY 504 0 SPECIAL DELIVERY (extra fee required) , ZPS Form 3600 NO INSURANCE COVERAGE PROVIDED— (Se. other aide) Apr. 1971 NOT FOR INTERNATIONAL MAIL O GPO: 1974 O-551-454 RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO POSTMARK Shirley Flot OR DATE STREET AND NO. (xl 2420 22nd Ave ' P.O., STATE AND ZIP CODE C Greeley, CO 80631 9/8/77 LC OPTIONAL SERVICES FOR ADDITIONAL FEES "vv. Kum 1. Shows towhom and date delivered ... 15¢ RECEIPT With delivery to addressee only 65¢ cr SERVICES 2. Shows to whom,date and where delivered.. 55¢ With delivery to addressee only Ng a _ DELIVER TO ADDRESSEE ONLY 504 Q SPECIAL DELIVERY (extra fee required) Z PS Form3800 NO INSURANCE COVERAGE PROVIDED— (See other ride) Apr. NOT FOR INTERNATIONAL MAIL *GPO,1974 0-551-454 �� x: I 1 a 1 ix i vZ b 7 ''' 8 W 1 i II g I ,:I A, , g 1° ,' '- , 1 ii 1, 41 , 4-g .f4 44. 1 ri 2 0 a i : fie w -i Fi) t, \I lit idlliti i l' 4 : 1` S i .... = 31 I 2\2 R a 0,s .s. .:- # f, i a O N I g I"1 II 11 ii 1' i 64 g°9 ! i OO JN' e r u I m i g K Fenn 3x11,lac 1975 *PEW. REDISTFAM.1748WIED AND lignillEED 11A11 ¢¢$ a i. t $ a i ., N 1 Jj 15 - w � ° cl� o x 4 if aI tfwn W B co i .i a) : gi .4 • II jitli3 � '� I w .o � � ar 8 B ig ,Q 8 S ?,N to iii N2 p ;42- : vi O , J W - ul rl N V w O BOO ❑ .�.�,• � U. � .� Ntio . • i R1 ` N VI 4 Mm 5191,lea. 1975 ____ .. __ mii nrCF1Pr eanierserrt r•_ .vr: •«._.e • • zt Is l 1 g I 1 k Q+ 8 i 1' 1 4 >.. 1, ›. 1 < `� terra► W l' Zy 1 � � �� > � ,-, $ I . TA i r411 a d g Coo ��. • �� xi 1-: . 1 I I 0 r Er 1 g A O Ce U •• Or I II 11 i 2 2 2 F4 9., I-4 %1::$ at, .!' ', * _ .ter I N 6 1 i *$ x. « PS Fawn 3911, Jan. 1975 RETURN RECEIPT, REOI �. PrrO CoCo�.... �,I 0Pno1V ^. 0801- 21- 3- RE 105 Ii • If Vorth Line, S U2, Sec. 2! E�/4Corner YU89°53'22 E 353V.SO' Sec. 2C/-G-l4e I P.0.8\'� �� 7---;' ?755.74' l 43/31' -'�' .40'-< (4i 1:;� S Se°53'22"W 2755.87 i 4ece s s Easement r� I O through G_.t 2 for 1 I Q) Z. to to n Lot ! e�s Co N , X� Q N V . OBI rc jO Q k.11/4n I I `^ Si fi Dole: dug. 7, 1'D73 W W Owner. Roger Libsoc2 • ti t tc N Address: /8/5 26 ilvenue Court 1- '43. N . N Gree/eg, Colorado, 8G�3/ N O ! p . 1 . 4 O -4 ' -4 • tGh Greeley me p) 5? 21�J2/' f$ � s 63a Scale: /'400 $6 vi/88e X95, 0, S f`SO �`�9 SQ I couvey R040 68 o o ict o 4C.�5 l-&-G,a . k O • V • ..' a O 9 9 ' f�31 `'y GQ,....fC,.....r31/ _ Co'-iirY eomq 60 O Vicinity S feh /„=20 ' Sheet 412 job 41 ,t973-7,7 •I f'� l..OJ""�DE3 G XENP IOl I 0 . 0801-21-3-RE Iu5 i LEGAL DESCRIPTION Part of the South Half (Si) of Section 21, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly des- cribed as follows: Beginning at the East Quarter Corner (Eg Cor) of said Section 21, and con- sidering the East line of said ~ection 21 as bearing South 00' 19'40" West, with all other bearings contained herein relative thereto; Thence South 00'19'40" West, along the East line of said Section 21, 60.00 feet; Thence South 89°53'22" West, 2755.87 feet; Thence South 00° 24 '22" West, 1607.72 feet to a point on the Greeley No . 2 Ditch; Thence along the Greeley No. 2 Ditch by the following four (4) courses ' and distances; South 63° 20' 08" 'West, 305.54 feet; North 88'20 '53" West, 329.56 feet; South 65°03 '32" West, 187. 30 feet; .'<South 64°54 ' 33" West, 14.26 feet; d1\ Thence .North 00°24'22" East, 1878 .87 feet; ' Thence North 89°53'22" East, 3539.50 feet to the Point of. Beginning. Said described parcel of land contains 35.927 acres, more or less, including n a strip of ground 30 feet in width along the East line of said Section 21, ;\ or reserved for County Road Right-of-way and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing • on said parcel -of land. I hereby that this plat was prepared under my supervision; �,,.,, and that the same is correct to the best of my knowledge and be]aO" 7 `c51N. JASPER FREES" Colorado P.E. & L.S. No. x+392 - ' �'' a. yu ^ I ,Roger Libsack, being the sole owner in fee of the above . A; ,; t2 9 descri ad property do hereby subdivide the same as shown %-y .' .o a on . e a ached map.. J, '.:','rh418''_• `- ',; r. ATE . U o-`‘ , The fo>?"ego ng certification was acknowledged before me this day of .!,/,,,.,,,/,vim e_' A.D. , 19 71- . My Commission exisfres 'I"4,ne / '.7 Notary Public /';..!!!y' �li'r. '*y - r Witness my Hand and Seal .- The accoomnp nying plat is�Jaccepted and approved for filing. CHAIRMAN OF THE0o0ARD OF 'OZJNT' COMMISSIONERS yi�/ii ATTEST; County, Clerk %rate .,c_.. • 9oo Dat - • Sheet ZorZ Job .Li° !n73- •° DEPARTMENT OF PLANNING SERVICES PHONE (303) 356-4000 EXT. 400 C. 915 RA STREET WI GREELEY,LE V, COLORADO 80631 COLORADO August 29, 1977 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Amended Recorded Exemption #105 Dear Commissioners: The attached application, plat, and related items are in reference to a request by Roger Libsack et. al. for an amended to Recorded Exemption #105. The parcel of land in question is described as Pt. of the Si of Section 21, T6N, R64W of the 6th p.m. , Weld County, Colorado. Said property is located approximately 1 mile north of Gill. The request is to amend Recorded Exemption #105 to include all of the property owners of record when the recorded exemption application was filed. There would be no change in the lot lines or size of the lots as approved by the Board of County Commissioners on January 23, 1974. It is the recommendation of the Department of Planning Services staff that this amended recorded exemption be approved and recorded so as to correct the recorded exemption plat which was approved and recorded in 1974... RespfecL'full , Thomas E. Honn Zoning Administrator TEH: sap J AMENDED 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 : LEGAL DESC . APPR : APPL . FEE : 7(f/t APP . CHECKED BY : RECORDING FEE : DATE SENT TO BOARD : RECEIPT NO . : • DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : See Attached Plat ACREAGE : LOT "A" 17.963 ; LOT "B" 17.964 ;TOTAL. : 35.927 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES X NO _ FEE OWNERS OF PROPERTY : NAME : Roger Libsack ADDRESS 1815 26th Ave. Ct. PHONE : 353-7571 NAME : Shirley Flot ___ADDRESS 71'70 "rid Avp PHONE : 353-4573 NAME : J. T. McKnight ADDRESS6271 Ri-h Avp /49 PHONE : 352-1985 NAME: Don Walters 609 40th Ave. (All the above5are208 WATER SOURCE North Weld Greeley Addre Sces) TYPE OF SEWER Septic PROPOSED USE Residential 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 . COUNTY OF WELD STATE OF COLORADO ) c. igna ure : wner or Authorized Agent Subscribed and sworn to before me this neVet day of , 19 SEAL NO RY i BlT : C >9ttLit it /o, 7979, My commission expires : A nmricpn I. TI;l0 Assoc onion Commitment Mwnllnd 10,1:1 • - , ({�, ♦ ♦ -1,;• '•'''':•t i.:7•1: ? ♦ j t •.a ♦L Y6 a:. Yit ' jY j j .""a ♦ 1 js yL "faj ♦.j? `� ymkt t'.T 1; •-"44,k w.ita.;: .�1 ,rS ^�tM 7''r' Y.; Th:.{T h"T: Tfi "%,, r 11-5 - }f�♦ 1 ; .COMMITMENT FOR TITLE INSURANCE ISSUED BY :'¢; STh, WA1Z. 1' '1` ITI . E •. 3' GUARANTY COMPANY '' {, ! I .:, 'k‘ f 7.4 STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for iii'. {ti, valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in iii',s •' '' Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate i - " ♦ ♦ or interest covered hereby in the land described or referred to in Schedule A, upon payment of the , , ,e premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions k... tiri and Stipulations hereof. -it . '+ This Commitment shall be effective only when the identity of the proposed Insured and the amount pt�, {� of the policy or policies committed for have been inserted in Schedule A hereof by the Company 11 t ",i either at the time of the issuance of this Commitment or by subsequent endorsement. f' #-�I �(. ; r ? This Commitment is preliminary to the issuance of such policy or policies of title insurance and all "`,^-' liability and obligations hereunder shall cease and terminate six months after the effective date hereof ♦ 'iii?• ' 4 or when the policy or policies committed for shall issue, whichever first occurs, provided that the G` ,4'. 7 ♦ ,', failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be ' valid or binding until countersigned by an authorized officer or agent. f` '. � ..`' IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to n. ^? i �j become valid when countersigned by an authorized officer or agent of the Company, all in accordance `'�' ': -.. ; with its By-Laws.This Commitment is effective as of the date shown in Schedule A as"Effective Date `i '; 1 1 1 41 STEWA12T TITLE " { Fi t �, ,AASLE.904N GUARANTY COMPANY I, ./v� .` il `wi ' -* To Ems° qp, . jN 'N- 1905 ::os /'i,a t7 rExA51 1 ' a ♦ Fun 1 t ¢. Or-r-2 n fi • Chairman of the Board I7, {.4. I :a71-11a2174.e.:4 c;))i : President �:.',`� 1 j' '' �. '''// � Y' - /4 secs+c., s .-.-� c.,`, `Serial No CC eij `10 t� f.Cdr. 406000 SCHEDULE A Order Number: 17974 Commitment Number: CG54399 1. Effective date: May 31 , 1977 at 7:45 A. M. 2. Policy or Policies to be issued: Amount of Insurance A. ALTA Owner's Policy $ Proposed Insured. TO BE DETERMINED 1BD B. ALTA Loan Policy $ Proposed Insured: • C. $ . 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: SHIRLEY FLOT AND J. T. MCKNIGHT, AS JOINT TENANTS 4. The land referred to in this commitment is described as follows: Lot One (1) , of Recorded Exemption No. 0801-21-3-RE 105, being a part of the South Half (S1/2) of Section 21 , Township 6 North , Range 64 West of the 6th P.M. , County of Weld , State of Colorado, as per the map recorded January 28, 1974 in Book 707 under Reception No. 1629216, Weld County Records . Together with an easement for ingress and egress over the North Sixty feet (N60' ) of Lot Two (2) of said Recorded Exemption, being more particularly described as follows: Beginning at the East Quarter corner (E1/4 Cor) of said Section 21 , and considering the East line of said Section 21 as bearing South 00°19'40" West, with all other bearings contained herein relative thereto; thence South 00°19' 40" West, along the East line of said Section 21 , 60 .00 feet; thence South 89°53'22" West, 2755.87 feet; thence North 00°24'22" West, 60.00 feet ; thence North 89°53'22" East, 2755 .79 feet to the True Point of Beginning, County of Weld, State of Colorado. 110% Resale Rate Owner's $TBD ms • Authoiiied Countersignature Page 2 STEWARRT TITLE • 406002 GUARANTY COMPANY SCHEDULE B —Section 1 Order Number: 17974 Commitment Number: CG54399 Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to he insured. Item (b) Proper instrument(s) creating the estate or interest to he insured must be executed and duly filed for record , to-wit: 1. A Quit Claim Deed from Roger L. Libsack and Don Walters to John W. Butcher, Quit Claiming the property described in the Deed recorded May 21 , 1974 in Book 715 under Reception No. 1636936, Weld County Records . 2. A Quit Claim Deed from Shirley Rot and J. T. McKnight to John W. Butcher, Quit Claiming the property described in the Deed recorded May 21 , 1974 in Book 715 under Reception No. 1636937, Weld County Records . 3. A Warranty Deed from John W. Butcher to Roger C. Culbreath and Nancy C. Culbreath , conveying Lot Two (2) of Recorded Exemption No. 0801-21-3-RE 105, being a part of the South One-half (51/2) of Section 21 , Township 6 North , Range 64 West of the • 6th P. M. , County of Weld , State of Colorado, as per the map recorded January 28, 1974 in Book 707 under Reception No. 1629216, Weld County Records . 4. A Quit Claim Deed from Don Walters to Roger C. Culbreath and Nancy C. Culbreath , conveying Lot Two (2) of Recorded Exemption No. 0801-21-3-RE 105, being a part of the South One-half (51/2) of Section 21 , Township 6 North , Range 64 West of the 6th P.M. , County of Weld, State of Colorado, as per the map recorded January 28, 1974 in Book 707 under Reception No. 1629216, Weld County Records . 5. A Warranty Deed from John W. Butcher to Shirley Flot and J. T. McKnight, conveying said described property under Item No. 4, Schedule A of this commitment. 6. Correction and Recordation of Recorded Exemption No. 0801-21-3-RE 105, as per the map filed January 28, 1974 in Book 707 under Reception No. 1629216 , Weld County Records , showing the signatures of Shirley Flot and J. T. McKnight, as owners of Lot One ( 1). 7. Deed from Shirley Flot and J. T. McKnight and (his) (her) spouse, with recital in body , signature and acknowledgement that grantors are husband and wife, vesting fee title in purchasers . If Shirley Flot and J. T. McKnight is not married, then a recital should be made in body , signature and acknowledgement that grantor is an unmarried (man) (woman). 8. Release by the Public Trustee of Weld County of Deed of Trust from Shirley Flot and J. T. McKnight in favor of John W. Butcher, to secure $9 ,300.00 dated October 16 , 1973, recorded May' 21 , 1974, in Book 715 under Reception No. 1636938. 9. Execution of attached lien affidavit and return to this office . Page3 STEWART TITLE 406003 GUARANTY COMPANY • CONTINUATION SHEET SCHEDULE _ B _ Secti on 2 Order Number: 17974 Commitment Number: CG54399 11. All existing road , highways , ditches , utilities , reservoirs , canals , pipelines , paver lines , telephone lines , water lines , railroads and rights of way and easements therefor. 12. Rights of way for County Roads 30 feet wide on either side of section and township lines , as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at page 273. Page 1 5'1'ENVA1U1' '1'I'1'LE 0054 GUARANTY COMPANY SCHEDULE B - Section 2 Exceptions Order Number: 17974 Commitment Number: CG54399 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes , assessments and unredeemed tax sales . 7. A reservation contained in the United States Patent recorded July 9 , 1902 , in book 201 , at page 66 , Weld County records , which states as follows : Yet excluding and excepting from the transfer by these presents "All Mineral Lands" should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the statute , shall • not be construed to include "Coal and Iron Land". 8. Subject to a reservation as contained in the Deed from Union Pacific Railroad Company to Asa A. Decker, recorded March 29 , 1905 in Book 217 at page 545, Weld County Records , which states as follows : FIRST , all coal and minerals within or underlying said lands . SECOND, exclusive right to prospect in and upon said land for coal and other minerals therein or supposed to be therein, and to mine for and remove from said land all coal and other minerals found thereon by anyone, THIRD, the right of ingress , egress or regress upon said land to prospect for, mine and remove all such coal and other minerals , and to use so much land as convenient or necessary for the right-of-way to and from such prospect places or mines and for convenient and proper operation of such prospect places , mines and for roads and approaches thereto , or for the removal therefrom of coal , mineral , machinery or other material, FOURTH , the right to said Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said railroad." 9. Terns and conditions of the Mineral Deed between Union Pacific Land Resources Corporation and Champlin Petroleum Company, recorded January 7, 1977 in Book 786 under Reception No. 1708181 . 10. Oil and gas lease dated October 1 , 1976, executed by Champlin Petroleum Company , a Delaware Corporation , as lessor, and Amoco Production Company , a Delaware Corporation , as lessee, recorded January 20 , 1977, in Book 787 , under Reception Number 1709357, for a primary term of Five (5) years and as long thereafter as oil , gas , other hydrocarbons or other mineral is produced from said land hereunder, or drilling or reworking operations are conducted thereon. NOTE: The present ownership of said leasehold and other matters affecting the interest of the lessee are not shown in this policy . Exceptions numbered are hereby omitted. Page4 STEWAKT TITLE 406004 GUARANTY COMPANY CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. sr1' h;WVAR'i' r1' 17' 14E GUARANTY COMPANY • Page 5 ,•per •✓• ♦ ♦ f • r ♦ ♦ ♦ e • ♦ ♦ ♦ ♦ ♦ ♦ y ♦ - r r • • ♦'-4:141;;• 6 h t!r` �t.c.�4;T,x ,; #y'. `.C7'` t, r1: 3`;,i-f^r?* .-4- -i Y,...•, 'Fr 3 :.'1 . -•`,. ,if`' L -�'; '1b1,,,fr it- `3 ir.lrl ci i. ?F1 Z a L i w x W {its � LLz • v w r r O J l �t �,. F,, ,.:. F a ,, P-t �J .�ti-.♦ .. .. ♦.-.-•..i7..,� -;t� ♦ . 0`..3i i tti; ! • • ;.•a. C'5 iP" k• i t r7-d 'd • i 1* i 1 '4 r ..l y,. .,;; i { • e s 1 S N (}. 441 4 � N • y K r O < ! O p t',ii r• z a p '‘)1+,♦•, ;4 ' tilts �+: y V. V f-tri &4. v :\,i= A } N i7f r/ J It '11 '" 00 Ja 4 �rt I)�', -'* ' CO O a w Z •' •Yirl M a ao Z } F t O in pf,r `~ s O LU w f^ j (n �,, ~ C: = Q Q ZQw0 W 1: N w u. rl ~ i J O Z Oi co ! 1'. 03 0- ii : a C a — Cain Z N r44 t b I a I— 0 0 Z o Z 1., tt ~ u cc w0 {s,. of r ��t 4 •� .�1-� Wti } r i ', AMENDED RECORDED EXEMPT/ON NO. : 0801-21-3-RE105 LEGAL DESCRIPTION Part of the South Half (S1) of Section 21 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the East Quarter Corner (Ea COR) of said Section 21 , and considering the East line of said Section 21 as bearing South 00°19' 40" West, with all other bearings contained herein relative thereto; Thence South 00°19'40" !lest, along the East line of saidSection 21 , 60.00 feet; Thence South 89°53' 22" West, 2755.87 feet; Thence South 00°24'22" West, 1607. 72 feet to a point on the Greeley No. 2 Ditch; Thence along the Greeley No. 2 Ditch by the following four (4) courses and distances: South 63°20'08" West, 305.54 feet; �\ O i North 88°20' 53" Blest, 329.56 feet; '/� 9 South 65°03' 32" West, 107.30 feet; 7 % //�� ,a ' 9 South 64°54' 33" West, 14.26 feet; i'� 41 Thence North 00°24' 22" East, 1878.87 feet; Thence North 89°53' 22" East, 3539.50 feet to the Point of Beginning. Said described parcel of land contains 35.927 acres , more or less , including a strip of ground 30 feet in width along the East line of said Section 21 , reserved for County Road Right-of-way and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existi on said parcel of land. �E�R SURVEYOR 'S CERTIFICATE a3 4. -I .hereby certify that this plat was prepared under my supery .i.o x 4-344:2 * the same is correct to the best o "nty�,knowledge and beligf. a• �sp JASPER F EES Oa COLORAD P. E. L.S. NO.4392 We, Roger Libsack, Shirley Flot, J. T. McKn tf 11,and Don Walters , being the sole owners in fee of the above described property do hereby subdivide the same-as shown on the attached map. T o going named persons were fee owners of the ,subject property, oa<January 8,-197 . % 7 Roger Libsack Shirley of /' 'ci.t'/)2/`./�'=y7-C A ! -.�� 1/ J✓ T. McKnight r/ "�o'n gait ers The foregoing certification was acknowledged before me this 49221- _ day of C, Ce%. , A.D. 1977. My Commission Expires '7,,I,.(4,/4) /0, /971 Witness my hand and seal . _ a Notary Public PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted pproved for filing. N gfRMA ii AR OF COUNTY COMMISSIONERS ATTEST: County Clerk 111,(tm,,,,,,- nfcrt Arc, •.1 Y t � Date 7/ 7 /77 .reele engineering JOB Ns 77-390 2506, Car" AVENUE, GREELEY SHEET 2 of 2 iL Ar AMENDED RECORDED EXEMPTION NO. : 6180/-2/-3-RElOS This amended recorded exemption is being filed to correct the one previously filed In Book 707 under Reception No. 1629216 in the Weld County Clerk and Recorder records, in order to show that the true fee owners of the subject property as of January 8, 1974, and therefore the true applicants for the subject recorded exemption, E X4 Car Sec,2/ were Roger Libsack, Shirley Flot, J. T. McKnight, and Don Walters. �I T6N) l.64W. N 89°53122"E Point of °'J° s 3539.50' 8eginnin 75 3.7/' -� �»- 275579 ' 43/ 3/' 352.40' 2f c S89°53'22'WV 2755.87' ,,,,IIb �p �`lp b0 N COca O �lkl coVl 40 O w°Pilli LOT / LOT 2 /7 9103 4 ACRES 17 %4 f ACRES scale: l°=2x' OWNERS: Roger Libsock: /5/5 Z6TAve. Ct., NGreeley N Shirley Flot: 2420 22 '°Ave., NGreeley ° J.T. McKnight: 627 '/2 6th Ave. 02,W Greeley N 1 Co Don WOlfers: 609e40th Ave. Y Sr _ COUNTY ROAD 46 I _ Q I I 2 I2 I NH: ° Io ¢I ,�3°� C( SEC. :/-4'G4 I}.51;SL'A.0-9 54 vi of I� Lo........„ 1�' 249. 2/' 50. ' 30'0Ob. L o e,� a 130 88°2053`/1/329.54' c (,3°2 .t I �� �' I 5ap332 EY NO2DlT C H G4,4, `� s . I I s� RE E , �rY ROAD — — r = G I . SS VICINITY MAP reede engineering Scale: /"=2000' 2506 6 THAVENUE, GREELEY SHEET /OF 2 ✓05 N2 77-390 Ch RECORDING DATA - MAPS & PLATS NAME OF SUBDIVISION 44-#LICc-SLt_49 d 7 {/1�Q�07/- I / O-SNAME OF SUBDIVIDER gy � -- a .. "G✓S LOCATION OF SUBDIVISION __242,. j / — / -- _S DATE OF RECORDINf, SEP 16197. BOOK 809 RECEPTION # 1730611 MARY ANN FEUERSTEIN WELD C91[NTY /CL ND QRECORDERR ns-ztY COUNTY CLERK & RECORDER r- 4 OFFICE OF THE PLANNING COMMISSION lagBURMANLORENSON , PLANNER PHONE(303) 353-2212 EXT. 227,228&229 CCOUNTY SERVICES BUILDING GREELEY,COLORADO 80631 COLORADO March 25 , 1974 To The Board of County Commissioners Weld County Courthouse Greeley , Colorado 80631 Sirs : On March 19 , 1974 , I presented this case of illegal land splits to the Weld County Planning Commission . They recom- mended referral to the Board of County Commissioners for possible legal action . Thursday , March 21 , 1974 , John W . Butcher contacted the Planning Commission and will resolve this problem of illegal land splits . The deeds were made to facilitate financing of the purchase of the farm. The necessary surveys have been completed and parcels will be Quit Claimed back to Mr. Butcher and the proper deeds and surveys will then be presented . This memo is to acquaint the Board with the problems and to inform you that Mr. Butcher is in the process of correcting the situation . Sincerely , � �e & , Robert C . Adams Zoning Inspector RCA/lj WELD COUNTY COMMISSIONERS HARRY S.ASHLEY j _ GLENN K. BILLINGS C(' yL' �� ROY MOSER SUBJECT: Illegal Land Splits - Madison Farm, Pt. 51/2 Section 21 , Township 6 North Range 64 West CASE NO. : REPORT NO : 1 INSPECTOR: Robert C . Adams DATE OF REPORT : March 18, 1974 PREDICATION : Senate Bill #35, 1972 Weld County Subdivision Regulations BACKGROUND : February 26 , 1974, Ronald D . Quick, 2036 First Avenue, #201 , Greeley , Colorado , came in to the office and applied for a variance to allow a mobile home on his property , 17 . 502 acres . He has also purchased 17 . 499 acres adjoining . Mr. Quick was under the impression this property had been through Recorded Exemption procedures . It has not; herefore , each 17 acre parcel is in violation . DETAILS : These parcels are the second and third violation of record on the former Madision farm. The Madison farm , 118. 67 acres , was originally sold September 7 , 1973 , to Roger L. Libsack. October 3 , 1973 , Rogert L . Libsack sold the farm to John W. Butcher. September 28, 1973 , John W . Butcher sold the west ten acres of this farm to Vernon P . Ault, 1821 21st Road , Greeley. December 14 , 1973 , Vernon P. Ault deeded the property to Milford E . Hart and Lindia M. Hart . The property involved in this deed does not correspond to Ault ' s deed . September 28, 1973 , John W. Butcher , Rt. 1 , Box 133 , Greeley, deeded 17 . 611 acres of land to Gerald H . Libsack , 1203 23rd Avenue Court, Greeley. On this same day John W. Butcher deeded 17. 569 acres to Don Walters and Roger L . Libsack, 1815 26th Ave. Ct. November 2 , 1973 , John W. Butcher deeded 40+ acres to Linda Susan Kurtz. Quitclaim Deed dated January 15, 1974, from Roger L . Libsack , Gerald H . Libsack , Vernon P. Ault, Don Walters , Milford E. Hart and Linda M. Hart to John W. Butcher. This Quitclaim deed puts everything except Linda Susan Kurtz ' s 40 acre parcel in John W. Butcher ' s name. December 26, 1973 , Weld County Commissioners adopted new Agri - " cultural Irrigated Zoning requirements . January 16, 1974, John W. Butcher deeded 10. 007 acres to Milford E . Hart and Linda M. Hart. January 16 , 1974, John W. Butcher deeded 17 . 502 acres to Gerald H . Libsack . January 16 , 1974, John W. Butcher deeded Don Walters and Roger L . Libsack 17 .499 acres . CONCLUSION : Based on the above information , it appears that thero is substantial evidence to indicate three violations . RESOLUTION DIVISION OF LAND NO. 0801-21-3-RE 105 DETERMINED TO BE EXEMPT FROM THE DEFINITION OF SUBDIVISION RANGE 64 WEST, TOWNSHIP 6 NORTH, SECTION 21 WHEREAS , on May 5 , 1972 , the General Assembly of the State of Colorado , enacted Senate Bill #35 as relates to Chapter 106 of the Colorado Revised Statutes , and WHEREAS, on August 30 , 1972 , the Board of County Commissioners of Weld County, Colorado, adopted Subdivision Regulations for Weld County, Colorado to comply with the prescribed Senate Bill #35 , and WHEREAS , the Weld County Planning Commission has recommended to the Board of County Commissioners for recording of plat number 0801-21-3-RE 105 as provided in Section 9 of the Subdivision Regulations (exemption rules and regulations) for Weld County, Colorado . Said division of land determined to be exempt from the definition of subdivision is more particularly described as follows : Part of the South Half (5') of Section 21, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the East Quarter Corner (E' Cor) of said Section 21, and considering the East line of said Section 21 as bearing South 00° 19' 40" West, with all other bearings contained herein relative thereto; Thence South 00° 19' 40" West, along the East line of Said Section 21, 60.00 feet; Thence South 89° 53' 22" West, 2755.87 feet; Thence South 00° 24' 22" West, 1607.72 feet to a point on the Greeley No. 2 Ditch; Thence along the Greeley No. 2 Ditch by the following four (4) courses' and distances; South 63° 20' 08" West, 305.54 feet; North 88° 20' 53" West, 329.56 feet; South 65° 03' 32" West, 187.30 feet; South 64° 54' 33" West, 14.26 feet; Thence North 00° 24' 22" East, 1878.87 feet; Thence North 89° 53' 22" East, 3539.50 feet to the Point of Beginning. Said described parcel of land contains 35.927 acres, more or less, including a strip of ground 30 feet in width along the East line of said Section 21, reserved for County Road Right-of-Way and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado , that the Chairman be and he is hereby authorized to sign the plat of a division of land determined to be exempt from the definition of Subdivision No . 0801-21-3-RE 105 , for recording. The above and foregoing resolution was , on motion duly made and seconded, adopted by the following vote : —1 AYES : �)'v((( rt .\ (iL/7 ?� TH OAR OF C N COMMI STONERS WELD COUNTY, COLOARDO Dated: January 23, 1974 1 r RECEIPT FOR CERTIFIED MAIL-30t' (plus postage) _SENT TO POSTMARK DATE Cr) 4( OR DATE N STREET AND NO ry� CI M /3/c ._�-P.0 .TATE A Itl ZIP CODE /1,ZS"-: 7 C co OPTIONAL VI S FOR ADDITIONAL FEES RETURN Iii 1. o s to whom and date delivered 150 RECEIPT With delivery to addressee only 650 SERVICES 2.Shows to whom,date and where delivered 350 With delivery to addressee only 85( • _ DELIVER TO_ADDRESSEE ONLY _ ( - 50Q C SPECIAL DELIVERY --.— _--'— extra tee required) Z PS Form NO INSURANCE COVERAGE PROVIDEO— Apr.1971 3800 NOT FOR INTERNATIONAL MAIL (See n GPO: other side) 1972 O-460-443 ' Tk" �R�+„Y�• Rq �vd(aeeAleva.4. a fl y� 9I ('a*maaato-q*...- J tlyr u s g �R •.St;tAe Cldrli i➢Y�FF'uT yM.eMLij••aC firths onion 'p L •YO . � • ,...tea L a. '.s, to lddrostse j , i#e I coy #is1�iM1 ks*H sd fnJw ' �' 'rr I �Y rr Y 1 . EE(N eeWm onn Apffc..ne . cunt shuns M BfIW DATE Tawas ° ! wr DEUvatb (oar J a+ala.ad iwdae ZIP rae> '3 Ej s'" ...1111 1• Yi =, ' ,CE, --/Y ...-- /'`a.3-7d� '/,54 1----- 7 -,, . c0RDEO EXNPT1OAIN0 : 0801-21-3-RE iC f LEGAL DESCRIPTION Part of the South Half (s ) of Section 21, Township 6 North, Range Eli West of the 6th P.M. , Weld County, Colorado, being more particularly des- cribed as follows; Beginning at the East Quarter Corner (Ea Car) of said Section 21, and con- sidering the East line of said ~ection 21 as bearing South 00' 19'40" West, with all other bearings contained herein relative thereto; Thence South 0019'10" West, along the East line of said Section 21, 60.00 feet; Thence South 89°53'22" West, 2755.87 feet; Thence South 00° 24'22" West, 1607.72 feet to a point on the Greeley ? o. 2 Ditch; Thence along the Greeley No. 2 Ditch by the following four (4) courses' and distances ; South 63' 20'08" 'West, 305.54 feet; North 88°20'53" West, 329.56 feet; N South 65°03'32" West, 187. 30 feet; South 64°54 '33" West, 14.26 feet; C\ Thence North 00°24'22" East, 1878.87 feet; Thence North 89°53'22" East, 3539.50 feet to the Point of. Beginning. Said described parcel of land contains 35.927 acres, more or less, including • I\ a strip of ground 30 feet in width along the East line of said Section 21, \ reserved for County Road Right-of-way and is subject to any rights-of-way i �X or other easements as recorded by instruments of record or as now existing \ on said parcel of land. I hereby that this plat was prepared under my supervision; and that the same is correct to the best of my knowledge and bel. A. q"'_%,, •••• S. , JASPER rRES" Co orado P.E. & L.S. No. 4392 7.; I,Roger Libsack, being the sole owner in fee of the above :;, -4---' descri' property do hereby subdivide the same as shown '':. =�.,� on e at ached map. '', - :N.;,x_ , :,-- 1✓A., J,,;,:.,1....• V� The folx}ego)ng certification was acknowledged before me this A7 day of ..4A,,,i,,ti.4 A.D. , 19 7.9-_ . My Co:nm sion exzres . . f ,:e / ._ ...'.' 7 Notary Public 4.1,4"ay �f/- -r Witness my Hand and Seal "- The accomp vying plat is accepted and approved for filing. i9-,U1_,41 aXe_,...4 . CHAIRMAN OF THE (BOARD Or OrUNT COMMISSIO ERs ' ATTEST; County, Clerk • BY 0 f I r Date ' - Sheet 20(Z • o 5 ,L'° (.°)73- . - F:CORDED Er. ...7107C,11 I 4 : 0801-21- 3- RE !05 III ,Jorth L ine) S //2, Sec. 2/ E1/4 Corner ' UB°�°53'22 E 35303.50' Sec.V-6-64 I I may P0.87-----i- . ..___ 73.7/' --` r 2'755.7 ` ...- a 5'; 43/31' -" .40'.'n: 5 8e°53'72"W 2755.87'c..,- ....--•, " o ' Ay£asempnt ( I O through Z..21 2 far 1 I I N N t . Lot / e GO - �� •Q O N, o13 vll r1 WNII Dote: slug. 7, l°J73 to czt . W Owner. Roger Libsock N ti• N N Llddress: /8/5 2(vr4venue Court, _- 1` N ''%)- Gree/ey, Colorado) 8063/ o� 0 1 Q , L h.O a V Greeley IL1- pitch )5 $o• 24'9 211 f s ? s �� eos�o Scale: /"400 s Aso a Z. -sa. Q�,. / t. ti I ES, COUAITY ROAD Gg In LO O Qct QC 56C.fr/-G-G4 o t; V --.. '4 0i GRFFC cr C COUurY enag 6i, O Vicinity S i-ch /"=Z0 ' Sheet iaP2 a, Jobs Pm- -147 • RECORDED EXEMPTION CHECKLIST • (To be returned with application and compl-eted by Planning Com- mission staff. ) The Planning Commission staff has reviewed the application for Recorded Exempti ..; No .- eC�/Q - submitted by and fi nds . the fol l ing : : I . That the proposed lots are not part of a -ecorded exemption from. the definitic.. of visicr. or subdivided land" or a subdivision approved within less tha n five years previous ; 2 . That .the proposed land division would not constitute the sub • - division of a ' larger tract-or-parcel - of land into more than two (2) building sites , ..tracts , or lots within five (5 ) years : • 1 ' - • • 3 . That the lots resulting from the proposed land division will • - each be accessible from an existing public road with a mini - mum frontage in conformance with the County Zoning Resolution ; 4 . That the proposed lots wil ' have access to an adequate .water supply;. 1 /'• �� G 5 . That the proposed lots will have access to an adequate' means for disposal of sewage ; 6 . That the minimum lot size shall not be less than the zoning requirements ; Q 7 . That the land division. proposal is incompliance with he Comprehensive Plan ; • Q,I • 8. That said land division does not interfere witk or lie Within Jor Y ma ' 'floodwa s or drainage . courses ; o/c oL This application oes / does not comply with the requirements of Section 9 , Wel ounty Subdivision Regulations for Recorded Exemptions . • 1 - v ,I4J ' 2 & ' lr,man . i_o r_ on ate Planninu Direct° d. ,t0E"?9 //ck /7¢ . - r r APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : - ' LAND CODE : CASE NO : rO/ -,..T/---re- / 5- T : or-6 / S : 1 /4 : g DATE : //c/74 LEGAL DESC . APPP, : APPL . FEE : rD, d� APP . CHECKED BY : ei9L RECORDING FEE : 4096:C DATE SENT TO BOARD : RECEIPT NO . : ¢� 7 DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : ACREAGE : LOT "A" 11A (e ; LOT "B" --I ` L°4 ;TOTAL : 35. 921 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FIOM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO FEE OWNERS OF PROPERTY : gasz CiZ 1 NAME : � L . l„ibs,tic ADDRESS PHONE : 353=1511 NAME : ADDRESS PHONE : NAME : ADDRESS PHONE : WATER SOURCE IJc,�1M Wad) TYPE OF SEWER ,-e Ai c PROPOSED USE 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 . COUNTY OF WELD ) / STATE OF COLORADO ) (Yt e S ' ture : wner or Authorized Agent Subscribed and sworn to before me this D _day of , 19 7� SEAL �� N0T5RY BLI��/� My i s on expire' /7,/ r y�, a( I I, .. . A.J' '1 f ry$ + :' .t ity • .sp� -t � ry t l 1 , n n . .SF, p 0. r • '''. .n . ti nil Dom.. • �, io— �4A1..ua1 ♦ ".:17,...0..i... .„ IA g,. , 1�1 M1. ,a!'Tf J .a iii /� B, �wf ,p! _Vr *1th, E 'ilp, , /r{- 'N. .li,^"K �d`tY,' 'R4l I .. ". ky li 1.l Ar 1 ..' 9Y 1Y II A2 Fk V _ r r [ • 1 S �."y� 1 _'r` 44 ei1 '., rk, 3 itort •1 jJt h.�. f''t.;4'•� :�' +SW i 2,p4O.... ..._: .AI'th+a r q: ff �y �A ,r ,,, s;i -MCI; issmse WRiAff j • •4, s.- i r -7:2;1T1.1: 3�' q y �yg�pyy� y■ 1 4 F, ir '' ' uw 1 " i \ � 4' • r � .b.1 Sr a y' L' I I k fptj y. •y �iyq d 'Cg rW 1 '„ g iw ,. fi t! Iii .Y. 0 i '.1 1 y� WI ":,i ..., „ ST 1: :6.Elt 1;"k a Cyw. _ y I Sy 71'ny Iris '�' i tA ' r ` 0: 'g {� , , , r i y ," j^, r tat vli F; 4!e il. p. • vs 10 sa 'a:`I•Nr i"1a1.2. f 'ut. f GI 1(i r 1 u. It Magi a ). 1 i �_ �� - `�' i 9a d , ,.. a'�k _ ��y} � AID' • -. ` �JC . ., li I F fC k� h \ e Yk.$1 $� �`F ° ':': i. •,m,4u.rr`` ' �.1 k' «� _ .3 �zr < 1 �{gj, { � ' �a. Fy2A---71 ' ��,1�t8W 1 r '1�' k M..y i°$r • f a, t 1. `7•44A4.4. ' 'I : ',,k 11,1 �R l . ' + ... ..3. ;.5, -1.. 1 a r{ ,7"W .' i1 4 Y',. 4 l ys t f r iiiiiiiiiy�A �T1 NN \W r cc: sty, K+i Y OG9 ift. •.1� ♦11 7t `I .r ,;.r , e `.. 1. '4`7y4,,,-Wrn°. or.v, '. - : 1 .,.AY -. • - - ._._-,.-.._ _11_11 • /2-- /ry/ nIQV 27 1973 , . o LCOFr ?iccordcd at. .6.(�.254 l�n ))'oc'L._" ' .bt...._ ...._._...._ J N /1.)3 Lsomtion No 11111111. 1111 .....I✓rcordor. . j .1O11N W. BUTCHERa - ti 11 d' t i it it . I State Dacum.riary fee I' 1 • 5 . ( whose • address to Gill, :I ! o DaleNGV 271973 '! I County of Weld , State of i; • • ! ti It Colorado , for the consideration of other • t'I - - -1 - =r II valuable considerations and Ten and no/100 I` dollars, in hand paid,hereby Bell(s) and convey(s) to y 5t • • i .--5 u E. V. O'KEEFE and BETTE F. O'KEEFE, as joint J ii ,-; 5I tenants and not as tenants in common 1 I whose address is Greeley . , - • County of :I N • ' .r • 1 °' 1 Weld , and State of Colorado - the following real property in the l' o n • Cou)tty of \Vo W ,• and State of• Colorado,town: h m Part of the South Half (Si) of Section 2l, Township 6 North, Range 64 West of the', 6th P.M. , Weld County, Colorado, being more particularly described as follows: p Beginning at the East quarter corner of said Section 21, and consideringthe East i. in . • I line of said Section 21 as bearing South 00° 19' 40" West„ with all other. bearings A . N I contained herein relative thereto; thence South 89° 53' 22:'. West, along the North (tv • r Line of the South Half (S&) of said Suction 21, 1303. 00 feet; thence South 00 24' I , a.• r.. 22" West, 60.00 feet to the True Point of Beginning. Thence continuing South 00° 24' 22" West, 869.41 feet; thence along the Greeley No. 2 Ditch by the follow ' 6 ing four (4) courses and distances: South 67° 08' 1161' West, 209. 76 feet; South 46° 57' 33" West, 302. 00 feet; South 63° 06' 46" West, 634. 08 feet; South 70° 42' .1 t 37" West, 504. 81 feet; thence North 00° 24' 22" East, '1607. 72 feet; thence North --: 't 89° 53' 22" East, 1450. 71 feet to the True Point of Beginning, containing 42. 767 I acres, more or less; . together with an easement and right-of-way for access to said parcel, said ease- , Intent and right-of-way being thirty (30) feet on each side of a center line, the , .O.r. .course of which is described as follows: Beginning at the east quarter corner of 'S ection 21, Twp. 6 North, Range 64 West of the 6th P.M„ Y1 etc County, Colorado; 1 'ithence South 30 feet to the true point of beginning; thence South n9° 53' 22" West, !! - t'g� �U 'la distance of 2, 755. 77 feet; is I together with one (1) share of the capital stock of The Larbner and \Veld lcriga- 111 Iltion Company, one (1) share of the capital stock of The Owl Creek Supply and IlIrrigation Company, one (1) share of the capital stock of The Decker Lateral t • f Company, and ten (10) acre feet of the Northern Colorado Water Conservancy 1; ' I District; li t t5 15 with all ita appurtenances, and warrant(a) the title to the sumo, subject to it j; II I pl lI i Ii Ij Signed this 15th day of �/ Nppovembe(rr , 19 73 . ll • • i li QC....- v.J I i i d-4, 11 1I (john W. Butcher - - v e . ti 5 i it STATE OF COLORADO, II County of Weld 1 It i Thu foregoing Instrument was ackuowledyed before me this 15th • I I • day of :.,,ventl.er , 1973 , by John V,, Butcher, ti t ;l .-i.nu,:!j, Th expires Aug".t 3, 1971 ' ' 1 ' I. ,;l1:ny bnjtd and official seal. ,. r-o- A r G .�.�, ..�._ r°u..°r°e'.W ,i • ,.v•r C(t"�FN,.—Ir ' • • • • 3�_ r7 3 U �tv oy. P ordcJ tt / _. v,...h t/ ,,1 • NOV i 197 - : CV /(/•: le rr. No.. IU r11N ill • w.rr :tees • L. CV • ti 'rift': DI-•1:0, )la.L• 0,11. 2nd ..y d of :over°cr. Is 73 �. . 1 l ri .I Iwt„een John W. etcher 1 ,[ J 1_/3 or the ._ County of Weld and Scala of Colorado, of the first}outs and • ! ) y fzr Linda Susan Kurtz — • •' • -TY of the County of Weld and State of ;- Od \e • e"1 Colorado,of the second part: ' • 1 1. t ' . r''':ti WITNESS fll th t the said part y of the first part,fur and in eunnideration of the.um of Te.; •Dollars other valuable consideration------------ I U[I Al S . O - ' Ii : p 'I to the said party r the first port in hand paid f y 51111 part of the s,c I I n,the !� h y t r I t w l ( u .i hereby eon[as: d and o w nsa 1.J,prt, ha S grunted, bargained,sold and conveyed,4414 ).these t t. r pt. 1. ial C) jl Ct.0 t, bargains sill, convey and confirm, unto the said parI y of the second t It n h ,ra and 'D iiI r a•si;,na Cur• o o. I. ever,all the following described lot or parcel of NIA situate,lying and tit%In Ihr County of Weld • and State of Colorado, to wit: t U �' South Half S A tract of lard of located ill the i� ( ) of Section 21_, Township 6 north, Range 64 West of the 6th. P. ;;�� rWeld CoLnty, Colorado, being more particularly described as follows: !' : - xi�ceginning at the Southeast Corner (SE CUR) of said Section 21 and considering the Ij 1 gI5outh Line of said Section 21 as bearing South 89°31'31" West, with all other ,' bearings contained heroin relative thereto: Thence South d9°31'31" 'West, along ZS) the South line of said Section 21, o.tt;;" y r • . 993.33 feet; Thence North OJ 1r ,) ;.td!, 1893.58 feet; Thence North 50°1;4,55" East, 49.30 feet; Thence North 3,t°ayl;;f" East'. XZXIUXY ,368.47 feet; Thence' South 45°16'02" East, P21.46 feet to a point on the :art Line I? of said Section 21. Thence South 00°19140" West, along the East 11',e of said i t Section 21, 1 3U..84 feet to the point o_; beginning. • -�,----- ' 1t Said described parcel of land contains ;,0.O00 acres, nwre or less, ant is 'tis .tract to any rights of way or other easements as recorded by instruments 'nf ; 1; ..• �reeord or as now existing on said parcel of land. - nlso conveyed shall be 13, shares fie:, Cache ^°u•�re Cache rL, ^nudge, . and 6 shares :' in ro!- :I TOGETHER with all and singular the 1crtd;tar,ent and appurtcnnucem lhert.o L n1 or in anyw all w I ert tn,ng, and the reversion and reversions, remainder and remain n, rents,Is u n and pros thereof, mid all !' r the to c, right, title, interest, claim and demand whatao- er of the said tart of the GotI'. I• I y pall,either in law i: , or et;tnty, uf, in and to the above Lurgaimd premise with the hercditnments and appurtenance.. li I TO HAVEAND TO HOLD the said premses i above L:.r tined and de;cribad with the npperte u 'nrer , 'into the I' aid pan y of the second part, her heirs and ➢msi;;ns forever. And the said p:,11 1, of the [trot part, ;'I fur him sal f, his here, executors, and adn:inietrntors,do es covenant,grant,lar,,ain,anti ogrte to and I iI witn the mild party of the second part, her heirs and a.signe, that at the time of the ea,r,Sn,- and di-liven N • of these Presents, he !e well seized of the pmmice, above conveyed, na of good, :a n•, per°ct, al'a.brte aid Y. • I it„I•fea,ible ee tats of inheritance,in law, in fee simple,and ha a good right, L.!: .t pr.vr ,u:d ;a,•fut authority ,;rust, bargain, sell and convoy the mama in manlier and fume u, nlon•eui J, and that the Nam,. :do ft ar eked clear `��_ fr,.,n all former and other g ante,bargains, sales,liens, taxes, a.aessmenls and cncumhruncvs of 'a Latevvr kind or i s nature%ser. i ev PP II • • • '1 :stet :L.. u!.,Wr Largatoed preml.e, In th. quiet rnd peacva!le p,s„e.alan of the said fart y of the see,.nd put. •i her hairs and a-',l„ns against as and rvrry pers,,n or parsons lawlahy rlalm,cg at 1•• claim the wh 1. i or any any part thereof, the not part of the fin: pm .hall and will WAItl1ANr AND t' - - 'f i' I Fu1ll:bar DE FIND.U. ! IX WITSr:ss Will:III:OF, the said part y of the first part lu y hervv,to vet hie hail ! Phil-val ' theday and year findatmvewn It ion: j. .I • 1 • i' I, .. .�.. Dutcher tS):ALI • .. ._ Join a. .fut.ch er l; isEAl.l I' • STATF: DV COLORADO, .l:'F:A L1 i ! •. County of L:rt.or j� I . The l..n,;wnq toss ru,nrnl Was.:v Aso i.d,t.d 41ure me OP. 2nd thy of • I) 7,3 .Ivy .'o art n. ..t eh et• SC v_.,I of - • • fiyn.mm.a.,,n sp. ., t , r- ear ti er• (/-� . 1'l ','�Q'tnry rn) M...1 ab et ulr:a.l.awl. ' t • • y .• .. •M..,.\rr ur.n._rr rM.^.n r.. rn.r. a-.hUw r. h.,..,..^ .1Vr.N . F. ,.r I•••••••,r...••••••.... ab.••_—.' , r • r 2 .. /. OCT 18 1973 •.. BOOK Reeor' d at../..... n'�Ir. k ... L ti., - • lV r,,,, I,.. , ;n 4n 1Vti.J6—:Jl, NNN S0OM;. A— lteeunler. - _ __._. __._.. i - 1 );I --EARL G. SMITH and BARBARA B. SMITH-- •-•. .il l t'! whose address is 2421 West 12th Street, Greeley, , ' S!ae Doo-um_rury a t I ii County of Wald , Suite of fan OCT 18 1973 t l' t , for the consideration of .. p 7. G. I! -other valuable consideration and ten -- t--- — �� dollars, in hand paid, hereby sell c4R and convey(x$to I .� --JOHN W. BUTCHER-- • • ^ whose Address is Greeley - County of • 7 • Weld , and State of Colorado the following real property in the : o • County of Weld and State of Colorado, to w•it: _ hThat part of the South Half (SSi) of Section Twenty-one (21), rownship Six (e) N_•rth : (tinge Sixty-four (64) West of the Sixth (6th) P. M.,Weld County, Colorado,.. �r -` r.icularly descrioed as follows; Beginning at the quarter comer on the East side c:, ;pol Section 21 variation 14°30' East; thence South 1267 feet along the East line of 'I 71 -> .' I said Section 2l to the North side of the North Side Lateral as now constructed ocros;y ' • '—'l said land; thence following along the North side of said North Side Lateral North'_ -•j " 146°00' Vest 815 feet; thence South 88°45' West 341 feet; thence South 31°57'"V✓cst,l ' ' 315 feet; thence North 89°26' 'West 335 feet; thence South 57°27' West'2O5 feet;; '. thence South 43°30' West 228 feet; thence South 4S feet to the South side of said iI r` „ North Side Lateral; thence following the South side of the said North-Side Lateral !I i,South 63°42' \Nast 536 feet; thence South 71°41' West 436 feet; thence South 61° il 18' West 320 feet; thence South 70°40' West 108 feet; thence North 88°49' West • 3365 feet; thence South 60°17' \Vast 153 feet; thence leaving the said North Side ' .. Lateral North 1910 feet to the East and Nest center line of said Section 21; thence II E,:st 3539.5 feet along the send center line to the point of beginning, containing a 'i total of 106.93 acres, more or less; together with two (2) shares of the capital stock: 'I of The Larimer and Veld Irrigation Company, two (2) shares of the capital stock of . rThe Windsor Reservoir and Canal Company, five (5) snares of the capital stock of . ,The Owl Creek Supply and Irrigation Company, and five (5) shares of the capital stock of Decker Lateral Company, also together with water allotn:eht under Northern ' . Colorado Water Conservancy District, consisting of fifty (50) acre-feet units of Northern Colorado Water Conservancy District water; • i • n ' with all its appurtenances, and warrant(s) the title to the same, subject to 1973 real property .i taxes, due and payable in 1974, and subsequent years, and subject to reservauonsi: !restrictions, and easements of record, if any, .i i �i Signed this 16th t day of OcC -( Ind 73 ' 7ith) , ". ..:. ... _....._.. ., • . (Barbaru G, Srhith) '' ' . STATE OF COLORADO, ll }ss. County of Weld JJJJJJ f ti,.: foregoing instrument was acknowledged before me this In iti (toy of Octoi.er , 1973 , by EARL G. SMITH and JAREARA B, S.V.I1 H. { • .''!v,Nomrniev ion expires September 3, 1976. • 7 . ...':V,;f,,k:bey th rind and official tie: I. ///� ,r 'r .` J .7 1 ',C l ' • C-/G ��d.•.{)j„�„ t�vf/,'; :‘.14.,r'woro• i SUBDIVISION • MINORBDIVISION WELD COUNTY PLANNING • JV CERTIFICATE OF CONVEYANCES COMMISSION STATE OF COLORADO) COUNTY OF WELD ) The 'VRANSAMF.3TrA 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 May 5 , 1972 : LEGAL DESCRIPTION : • • ;That part of the South Half (S'/a) of St:ctiOf Twenty-one (L1), ;ownohi; Six (u) Sixty-four (64) West of the Sixth (Gth) P. M. Weld County, Ccl )radu,.::.,re :, 1;,,rticularly described as follows: Beginning at the quarter corner East side of Section 21 variation 14°30' East; thence South 1. 67 feet along the: East line of ,: said Section 21 tr• the North side of the North Side Lateral as now constructed oc:ostl said land; thence following along the North side of said North Side Lateral North1_ ! 66°00' West 815 feet; thence South 88°45' West 341 feet; thence South 31°57' West.l 315 feet; thence North 89°26' West 335 feet; thence South 57°27' West-205 feet; thence South 43°30' West 228 feet; thence South SS feet to the South side. of said North Side Lateral; thence following the South side of the said North Side Lateral ' , ;South 63°42' West 536 feet; thence South 71°41' West 436 feet; thence South G1° 1; 18' West 320 feet; thence South 70°40' West 108 feet; thence North 88°49' West ,': 365 feet; thence South 60°17' West 153 feet; thence leaving the said North Side Lateral North 1910 feet to the East and West center line of said Section 21; thence ' I!Eest 3539.5 feet along the said center line to the point of beginning, • CONVEYANCES (if none appear, so state) : 1623269 Book see attached copy Reception no. Reception no . _ , Book702 :,ee att2-.h - copy P 1629?_ ;3 Book703 �P alt- . _ �i Reception no. 1629412s . _ copy Reception no. _ Book Reception no. _ , Book Reception no. , Book Reception no. , Book This 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 TRANSAMERICA TITLE INSURANCE COMPANY • is hereby limited to the amount of the fee paid for this Certificate . In Witness Whereof , TRANSA.M, (. r: TITLE INS7.MANCE COMPANY has caused this certificate to be s fined by its proper officer this 28th day of Decetnh , A. D. 1973, at7 :49 A.M . o ' clock . IRANSAME. .{CA TITLE INSURANCE COMPANY 7 /4'4 By / —)/ (LA i c` !`AU1HZED) SIGNATURE Veld Count p� BOARD O�" HEALTH y eaItn ."Jepartlment AN(HOMY LEYPP CH, „t,-..EY FRANKLIN O. YODER. M D , MPH 1555 17TH AVENUE RALPH AAAr;RECLE♦ o LYZC OR GREELEY. COLORADO 80631 CATHERINE v:',SON. A....r A.oR,er eu,rrNER, C•PE LE'Y 130.01 ,i5i.p i1C) -" CL-R-NCE si ZHAN. „REEL_Y December 26, 1973 TO WHOM IT NAY CONCERN: The Percolation Test for the following Recorded Exemption has been approved by the Weld County Health Department. Owner: John W. Butcher Address: RT. 1, Box 133 Greeley, Colorado 80631 Location: SZ Sec. 21, T.6N, R.64 `*#�Fe E. Paul, Direct r Environmental Health S\rvices rte. ���-� BOAR!, OF DIRECTORS (4.1;.:-. s . . - NORTH WELD GJiNTY 4/ASE DJSTtlIGT ER�CST TiccEs. PflrylO[NT r ALEX HEIDEENREICH, 1.31 VICE PRES. /'NItiF"' �. ROsERY ALXIRE, END VICE PRES. reb, '. *• ,„ii HIGHWAY 85 LUCERNE, COLORADO 80546 M. C. WIDMAIER. TREASURER e` . TOM REED SECRETARY ROY KERNS. MGR. f ',+ 18 ";+x. ...J. '�'v{,,ii��Y Y.. P.O. BOA 3n - PHONE 3563O2O TO WOM IT MAY CONCERN: It is the in cf the NORTH WELD COUNTY WATER DISTRICT to deliver water to : LOCATION: - .-7„---"':* / ./ .:yi v4 ,cx,L,,,' 41 ✓te„2.,„,..f.. 'l./^7LG.i. ere,'ce.!/''UVSyf/.,-',--. 0.6 "".a,6. �J1• L.,:�,„• � fit, / , t . -1,!,.--4-<-1,-.1-• c./sn,. c.�e u:y/�i_;/.Ijy/77- �.•`!l-•�L. ����_I ci / Sincerely yours, ',/-76. ..‘ c.- � ,7; THE NORTH WELD COUNTY WATER DISTRICT t> , - \rr .- Roy Kri, , Manager RK:wb , Hello