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Home My WebLink About760581.tiff RESOLUTION RE: RECORDED EXEMPTION NO. 232 - RICK D. HERTZKE WHEREAS, it has been determined by the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land being the property of Rick D. Hertzke, 4929 West 4th Street, Greeley, Colorado 80631, and more particularly de- scribed as follows : A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION 2 , TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY , COLORADO AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2 AND CONSIDERING THE SOUTH LINE OF SAID SOUTH- EAST QUARTER TO BEAR SOUTH 89'29' 11 ' EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 268.70 FEET TO A POINT ON SAID SOUTH LINE OF SAID SECTION 2; THENCE NORTH 0051 '49 EAST, 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE la; HIGHWAY NUMBER 257 SPUR, QUITCLAM DEED RECORDED IN BOOK 995, PAGE 458, RECEPI ION NUMBER 741532 OF THE RECORDS OF WELD COUNTY, COLORADO„ SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00 51 '49 EAST, 782.89 FEET TO A POINT ON CENIERLINE OF A UNITED STATES BUREAU OF RECLAMATION POWER LINE EASEMENT AS RECORDED IN BOOK 1263 ON PAGE 2, BEING RECEPTION NUMBER 1076164 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE ALONG SAID EASEMENT CENTERLINE A BEARING OF NORTH 71"40'38 EAST, 2587.73 FEET TO A POINT ON - SAID EASEMENT CENTERLINE ; THENCE SOUTH 03 36'23 WEST, 1620.72 FEET ALONG SAID EAST LINE OF SAID SOUTHEAST QUARTER (SE I /4) TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE NUMBER 257 SPUR; THENCE NORTH 89 29' 11 WEST, 2366.48 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; - SAID PARCEL OF LAND CONTAINS 65.923 ACRES. does not come within the purview of the definition of the terms "subdivision" and "subdivided lands" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of the County of weld, State of Colorado, desires to exempt this particular sub- division of land upon the recommendation of the Weld County Zoning Administrator, for the reasons as stated and pursuant to its authority under Section 30-28-101 (10) (d) , CRS, 1973, as amended. NOW, THEREFORE, BE IT RESOLVED, that the hereinabove described parcel of land owned by Rick D. Hertzke of Greeley, Colorado, be exempt from the definition of the terms "subdivision" and "subdivided lands" as provided for in Section 2-1A(3) of 7('E .u_ 3 A- 7 . oz 3 aZ 760581 the Weld County Subdivision Regulations . BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that this Recorded Exemption is sub- ject to the following conditions : A. All the buildings located in Lot "B" shall be subject to a 50 foot setback from the West property line of said Lot "B" as shown on the attached plat. B. The access road to Lot "A" as shown on the attached plat shall be a minimum of 600 feet East of the Missle Park access located on Highway No. 257. C. A specific survey by meets and bounds must be established for access to Lot "B" through Lot "A" , as said lots are shown on the attached plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D. , 1976. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO afn nay e ATTEST: lltw<ti l .y„4,,'v;.2 fir✓ .� Weld County Clerk and Recorder and ,Clerk to the Board BY: 2 fins tuft k Deputy County Clerk r PPROVE6 AS TO FO /'County Attorney -2- 1 1 III / RECEIPT FOR CERTIFIED MAIL-30c, (plus postage) POSTDATE SENT TO Rick Rertzke in STREET AND N0. 11^3-76 00 4929 W. 4th Street ri P.O., STATE AND ZIP CODE L CE FOR ADDI IONAL FEES Shows to whom and date delivered ...... .. 15d RETURN With delivery to addressee only...........650 Cr` RECEIPT ' E. Shows to whom,date and where delivered to 656 350 SERVICES With delivery y to addressed DELIVER TO ADDRESSEE ONLY --- 50 1�Q SPECIAL DELIVERY (extra fee required) F-I PS Form 3900 NO RFORC INTERNATIONAL E COVERAGE PROVIDED- 9 (See other 914 0 side) Apr. 19797 1 NOT 11Y11 anal dNR1 O7tlllitll tunnyleas war !; > � i row O ❑ O® F N 40 Fa vis o g e. Ve • x fk'fl ' i1i 8 1... k 1 g gFill OCAtltltl in ! nit 1 141 c• Ertl Itt :r La la, Li 6 +43• Q+ I i i i 11! �M a 4. � M . 4 1 x r RECORDED EXEMPTION N0.0957- 2-4-RE-232_ DATE: SEPT. 29, 1976 nK' OWNER: RICK D. HERTZKE u 4929 WEST 4TH ST. • 9 l v GREELEY, COLORADO 80631 LEGAL DESCRIPTION n ' 0 ' A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER. (SE I /4) OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2 AND CONSIDERING THE SOUTH LINE OF SAID SOUTH- EAST QUARTER TO BEAR SOUTH 89°29' 11" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 268.70 FEET TO A POINT ON SAID SOUTH LINE OF SAID SECTION 2; THENCE NORTH 00°51 '49 EAST, 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NUMBER 257 SPUR, QUITCLAM DEED RECORDED IN BOOK 995, PAGE 458, RECEPTION NUMBER 741532 OF THE RECORDS OF WELD COUNTY, COLORADO„ SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; • THENCE NORTH 00°51 '49" EAST, 782.89 FEET TO A POINT ON CENTERLINE OF A UNITED STATES BUREAU OF RECLAMATION POWER LINE EASEMENT AS RECORDED IN BOOK 1263 ON PAGE 2, BEING RECEPTION NUMBER 1076164 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE ALONG SAID EASEMENT CENTERLINE A BEARING OF NORTH 71°40'38" EAST, 2587.73 FEET TO A POINT ON SAID EASEMENT CENTERLINE; THENCE SOUTH 03°36'23" WEST, 1620.72 FEET ALONG SAID EAST LINE OF SAID SOUTHEAST QUARTER (SE 1 /4) TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE NUMBER 257 SPUR; THENCE NORTH 89°29' 11" WEST, 2366.48 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 65.923 ACRES. OWNER' S CERTIFICATE I, RICK D. HERTZKE, BEING SOLE OWNER IN FEE OF THE DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. a RICK D. HE ZKE THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 4/1 DAY OF 1 'f. A.D. , 1976. MY COMMISSION EXPIRES: � �. s 3' /979 WITNESS MY HAND AND SEAL: NO Y PUBLIC• SURVEYOR ' S CERTIFICATE I HEREBY CERTIFY THAT THIS(PLA��I4II1PREPRED UNDER MY SUPERVISION, AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE ANDe1F,LtlEf;ge r ,e�.�.r . .* � f t 17(i a ROBERT D. THOMAS, REG T E LANEYOR COLORADO REGISTRATION NUMBER 11399 :9l" . Coll "; -' • `',. r'i:1 COUNTY COMMISSIONERS CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. C' CHAIRMAN OF THE ARD OF COUNTY CONNISSIONERS 11 1,, ;{..",,v I C“to ' 1 , ATTEST: COUNTY CLERK BY:�,1 .G-v —/ 7 / y DATE: ,i/ .3 �p SHEET I OF 2 RECORDED EXEMP1 N . NO. 0957-.2-4-RE-232 DATE: SEPT. 29, 1976 OWNER: RICK D. HERTZKE 4929 WEST 4TH ST. GREELEY, COLORADO 80631 SEC. 2 T. 5N. , R. 67W. - 6th1 P. M. LOT A _ Access SCALE: eau, / " - e LOT B .J .t NWr, NO. 257 C.oave- /SPL/.e) way LOCATION MAP E% Cae SEC.2 P. 0 f(Aljigladlitie •11 040,3�,• E /V' p Iki Sr-ALE l9 w I zNo9°°9 64. 923 AC. Z m �. Ct °u 41• $05. 'Via �� NQ• � LOT Al PERMANENT ACCESS EASEMENT m kJ41 4 � 8N I.00 AC./ACROSS wr TO LOT BAS Sh49WN e �� n3 �n 1 Sg9 \ .E., /ZO.OO �Ay O LN� Vtir PtRE5. / V . piIUE , t,; r G/Xl' g5 4 fj0 passed, FUTdRE •J W V �h\ �'-Z6a.OO' -- 5QHO1tJ cR/GHTVOF-w41c/A� ' VA T.PUE f=1261/7' STANOA.?O OF 6EG/NN/.VG /G"c M.r 1/1N1'. 4,42 PS7 (Spar) ili 't SHEET 2 OF 2 I HEREBY CE'44 , N��„ ,L�WAS THE ACCOMPANYING PLAT IS ACCEPTEQ AND APPROVED FOR FILING. ' PREPARED U*Ek„'MYSUPERVISII6({, ND THAT THE SAME iiiRR urn gig BS IF MY AIRM N OF THE BOARD OP/CQU MMI,COSSI,O t, RS KNOWLEDGE LEF. 2 I6, /,e I '_ MMI ii "IQ' e1/2 a ATTEST: COUNTY CLERK: ROBERT D. THO ' EN ND SURVEYOR COLORADO AEGIST 0 NE 11399_!___ DATE(/ 1/ /3 — 7 4 _' DEPARTMENT OF PLANNING SERVICES C-e7 WELD COUNTY CENTENNIAL CENTER 1/4 915 10th STREET GREELEY,COLORADO 80631 GARY Z. FORTNER DIRECTOR OF PLANNING Ipe. PHONE (303) 3564000, EXT.400 COLORADO STATE OF Co.c ;.. v SS. COUNTY OF WELD Fiiad v1/4th the C!Vrl< of t!-,c ^ard of County Commissioners November 1 , 1976 0 CT 2 ) '975 Cn0•'TY carp.neo am^aooa By Deputy Board of County Commissioners — -- — Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #36 & Recorded Exemption #232 Dear Commissioners: The attached letter and related items are in reference to a request by Rick Hertzke for a Lot Size Variance and a Recorded Exemption. The parcel of land is described as part of the SEa of Section 2, T5N, R67W of the 6th P.M. , Weld County, Colorado. Said property is located at the northeast corner of the junction of State Highway 257 and the access road to the County Missle Park. The subject property contains 65.923 acres of predominately Class IV and VI non-irrigated soils. The request is to split the property into parcels of 64.923 acres and 1 .00 acres. Currently there are no improvements on either of the two proposed lots. However, on September 22, 1976 the Board of County Commissioners approved a Special Use Permit for Mr. Hertzke for a new dairy operation. Two residences were approved on the subject piece of property in conjunction with the dairy operation. Additionally the applicant indicated to the Board that the second residence would be the site for an application for a Recorded Exemption in the future. As stated by Mr. Hertzke, the one acre parcel and associated residence would be sold to Mr. William Wailes, Jr. who has been a long time employee for the Hertzkes' and would continue to be an employee for the new dairy operation which is currently under construction on the larger parcel . On October 28, 1976, the Weld County Board of Adjustment approved a request by Mr. Hertzke for a variance from the requirement of 180 feet of lot front- age on a public road as set forth in Section 9-4 (A)(3) of the Weld County Subdivision Regulations and Section 3.14 of the Weld County Zoning Resolution. WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK Board of County Commissioners November 1 , 1976 Page 2 Based upon the information submitted, the above data, and the adopted policies in the County, the Planning Commission staff recommends approval for the following reasons: 1 . The proposed split conforms with the intent clause of the Recorded Exempt- ion 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 in that each resulting parcel would have a set of improvements which had previously been approved by the Board in the Special Use Permit application. The use would be compatible with surrounding agricultural uses and in fact, would be an integral part of the new agri-business operation; 2. The Town of Windsor has indicated they have no objections to the proposed Recorded Exemption; and 3. The application is in compliance with Section 9-4 (A) of the Weld County Subdivision Regulations. Resp fully, homas E. Honn Zoning Administrator TEH/km pr • APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : /sir 74 LAND CODE : CASE NO : QE a3..t. T : S : 1 /4 : DATE : LEGAL DESC . APPR : APPL . FEE : ! . APP . CHECKED BY : RECORDING FEE : ' DATE SENT TO BOARD : RECEIPT NO . : ' DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Pr of 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 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2 AND CONSIDERING THE SOUTH LINE OF SAID SOUTH- EAST QUARTER TO BEAR SOUTH 89°29' 11 " EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 268.70 FEET TO A POINT ON SAID SOUTH LINE OF SAID SECTION 2; THENCE NORTH 00°51 '49" EAST, 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NUMBER 257 SPUR, QUITCLAM DEED RECORDED IN BOOK 995, PAGE 458, RECEPTION NUMBER 741532 OF THE RECORDS OF WELD COUNTY, COLORADO„ SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°51 '49" EAST, 782.89 FEET TO A POINT ON CENTERLINE OF A UNITED STATES BUREAU OF RECLAMATION PAVER LINE EASEMENT AS RECORDED IN BOOK 1263 ON PAGE 2, BEING RECEPTION NUMBER 1076164 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE ALONG SAID EASEMENT CENTERLINE A BEARING OF NORTH 71°40'38" EAST, 2587.73 FEET TO A POINT ON SAID EASEMENT CENTERLINE; THENCE SOUTH 03°36'23" WEST, 1620.72 FEET ALONG SAID EAST LINE OF SAID SOUTHEAST QUARTER (SE 1 /4) TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE NUMBER 257 SPUR; THENCE NORTH 89°29' II" WEST, 2366.48 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 65.923 ACRES. ACREAGE : LOT "A" 64t, 43.2.13ap ; LOT "8" I .OC0 or , ;TOTAL : 4'17.C/7:C$.00 HAS THIS PROPERTY BEEN DIVIDED FROM OP HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES X _ MO FEE OWNERS OF PROPERTY : 4929-W . 4th StreetPHONE : 356-3732 ADDRESS NAME : Rick Hertzke — 4929- C NAME : _ADDRESS `y' 8bg 1 PHONE : NAME : ADDRESS PHONE : WATER SOURCE Lot A- City of Greeley Lot B - City of Greeley TYPE OF SEWER Lot A - Septic tanks Lot B - Septic tanks PROPOSED USE Lot A - Dairy and Residence Lot B - Residence I hereby dapose 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 COLORADOS?jaaajlQA4 gnature : wnAuthorized Agent Subscribed and sworn to before me this f4' day of (V4/474„, 19Z SEAL c( Cz> Mu UBLIC My commissi n expires : al . . ____ _ . �_ _•,.; ce bf9i p{G,� I___T;i „ " Iitl' .l 14 E wet y {{ 26 } of14 -, -j A_ �._ , / �1,�,',, # *Silt) ' .� .4-:4',; x .i I t ,, i t 4 w I e 1 1d t � / F. I + Y 4 { - 'V` _ 1 3. K / k q ,na v fi N 'ek. - s' r ",�n yy r 4 --1 .,,d 1 i2 rq.0 0 b1 �Yy.t. -,-0,,! a f gt�l.i � "-0 y qv 1�Y/ trl 11 I �.lea r �t. —r y�rt. �r 'fir " � f za "'y`Zs 1 a�' h % .'� " :+`toi N t } i y,.e $s :Ir ct t- I ! / I xx�r�4� :It ti,-1. ,, 4 , 1, , il\,„44,, :Lc; v.,„ , , d. g • ., ,„mic „; 4. . ,. ,•41• "is. , „ r 54 F `F " 4 / J � ( fin . in ` '4 i i r` - t, . 44 ,,, - , tx+� r,--t'.. A' W - :� \ /1' x. r t.. f ^ 'g 4 R C� , s j 11 A' rev) tst. M \. ti 1 is "7, . r ,I- +;•�^` 1 £$ t: ill C" 1 vCI '11 • is 3 4 S,,a: �J a iY � gg yp �a�� ( RR II K . 1 I.4 3 g T 4F 1' P• , .i'J Ark .X 1 j lifti '� *.' ........11 t, i is '', - 'p{ �1' ' Fri , Pet A5"'> 4 i' J !Kr s ♦ " ' t ✓Y '+ t 3 4,u R'°1' a.y` .. \ r' . k � • iii,.., ii, ,a � 4 � a'N. 1 '"v.-..., - � _ a'a � I 4,73 it ,' ,y,'JF .R yy f y R j �� ie` ]r$��yyyy�.. it 40. rn I dday u Y f \. 1 f� I \st ;gip; +" 3 .0 .4 , b t . {. •.9''.1,A. s af h_ [ 1141' '9 �7O "r' , � t o )1. o ` '14•.lv ,�,� u I aec w a rt d , i " � v�bu\ yl � ;.-P'‘,,,' �' G 1 ti b V /" o \Y`C' � u(, I am renuesting a split of 1 (one) acre from my land for useas a residence for an employee. The lot will go to William Wailes, Jr. He would like to build his own house near the dairy, so in order for him to have title to the land for loan purposes, I am applying for a recorded exemption. &yos ?tic Hertzke Background Information On September 20, 1976 the Board of County Commissioners approved an appli- cation from Rick Hertzke for a Special Use Permit for a dairy operation. At the hearings on that application, the possibility of applying for a recorded exemption to split off a small parcel for a dairy employee was discussed. Currently there is not a house on either proposed parcel , however, a residence for the dairy was approved in the Special Use Permit plan. Additionally, another residence for farm labor housing was approved in the SUP plans, however, it was not on a separate parcel . Access to both lots shall be off the spur of State Highway 257. WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STAlE OF COLORADO ) COUNTY OF Writ, ) . The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it Tu:s made a careful search of its records , and finds the follow ; 3 conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE 1 /4) OF SECTION 2, Te4NSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2 AND CONSIDERING THE SOUTH LINE OF SAID SOUTH- EAST QUARTER TO BEAR SOUTH 89°29' II " EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 268.70 FEET TO A POINT ON SAID SOUTH LINE OF SAID SECTION 2; THENCE NORTH 00°51 '49" EAST, 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NUMBER 257 SPUR, QUITCLAM DEED RECORDED IN BOOK 995, PAGE 458, RECEPTION NUMBER 741532 OF THE RECORDS OF WELD COUNTY, COLORADO„ SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°51 '49" EAST, 782.89 FEET TO A POINT ON CENTERLINE OF A UNITED STATES BUREAU OF RECLAMATION POWER LINE EASEMENT AS RECORDED IN BOOK 1263 ON PAGE 2, BEING RECEPTION NUMBER 1076164 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE ALONG SAID EASEMENT CENTERLINE A BEARING OF NORTH 71°40'38" EAST, 2587.73 FEET TO A POINT ON SAID EASEMENT CENTERLINE; THENCE SOUTH 03°36'23 WEST, 1620.72 FEET ALONG SAID EAST LINE OF SAID SOUTHEAST QUARTER (SE 1 /4) TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF SAID COLORADO STATE NUMBER 257 SPUR; THENCE NORTH 89°29' 11" WEST, 2366.48 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 65.923 ACRES. WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STAKE OF COLORADO) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that its made a careful search of its records , and finds the follow , g conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION CONVEYANCES ( if none appear, sc state) : Reception no : 1R95266 , Book 771 RAO st+nrhed 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 TRANSAMFRICA TITLE INSURANCE COMPANY is hereby limited to the amount of the fee paid for this Certificate. in "fitness Whereof , TRANSAURTCA TTTIF. INITIRMATry COMPANY has caused this certificate to be signed by its proper officer this 3Qth_day of September , A. D. 1976, at 7:45 A .M. o ' clock. TRANSAMERICA TITLE INSURANCE COMPANY ByL741"j' IZEh SIGNATURE 1 t , � {�_ l�K • -....i. c.:w.a.a.A._I aer.:+v .Y .a..YlubiL.. � V�'s l.> I �•s � v a L' 773 RecaNed •ill • Y... st AUG 31976 _ Receptwil No.. 400U COb .. . �o..�uw.wl.,lasTrx.1. _...Raawprr. rattanall Stu try these rattan irtarttta, That L... RICH..HERTZHE.._.......:.... whose street address le ..4925 West• Fourth... City or Town of Greeley_,...._ - County of Weld ...___and State of Calorada.._ ._..---,• I ,s __..tor the v._ -. consideration of t`^. Other..valuable_.eonsidexation .and...T$E_AHR...HQll.Q0._.._.._.._.. 'a ...._DoOara, .i in hand paid,hereby sel s()and ronvey(s)to BQ,RESPd'1-aT<liT.7i1($..XA1pAS...LA:1!9.i.S.ORLR1lip e whose street address is 4925 .Hes.t::F.ourth.•....,City or Town of-4 reelay •a rap County of Held and the State o...,..... oaradQ • �' f Cl .:......................:.. the t> following real property In the County of Held ...._ ....and State of Colorado, to-win - r= That part of the following described property lying West • `U'^ r of the East line of the right of way described in ment recorded February 5, en 320, 1960 in Book 1550. at Page 320,Weld County Records, to-wits '. - - i All that part of' the. East Half of Section 2, Township 5 North, Range 67 Hest of the 6th P.B., lying South of the following described lands: Beginning at a point on the West line of the East Half of said Section 2 from whece 10' Westhaest distanceroff said 2803.4Section 2 feet; thencers tht7 25' :. 1 - East 2792.2 feet to allorth h1 54' • Half of said Section 2 point rom whence the tSoutheast line of tCorner he t of said Section 2 bears South 03 31' West a distance of 1659.4 feet more or less; except a strip of land described in instrument recorded in Book 995 at Page 158, Weld.CountyRecords with all its appurtenances and warrant(s) the title to the soma.subject ta—tha_19.76...taxes..•paya`1e in 1977; reservation of oil, gas, coal, and other minerals by prior own:re and_.oil..and..gaa...leases-granted.by.prior...owners;...to..easeaenta..deacxihed in instruments recorded in Book-1263 at Page 2, in Book 1550 at Page 320.,..10..Book...1654...at..Page..d39,...in Book..64.0...undo n..Reception..Nn....15fi1355 Weld County Records. I Signed this 4th day of tune............. _......,A.D. 197.6.._.._ In the Presence of /'-/�.f�C.J,�lt,� ,Vat I Rick He zke I - fit\k,4_•J STATUTORY ACENON7.EDOit , �_ ' •.yb� STATE OF COLORADO, ‘:OTAry..;a County of.__._field e' • ''G"o• J • The foregoing instrument was acknowledged before me this . d L,i% • r 4th day of J@Ile ,1&T6.._....By...dick..Hertzke......................._._._. rr• Witness my hand and offiMal seal. ...._..._.......__.:_.._.:...:_._. ' My commission expires O P Gk4bRr...5._..1R.2£L. • / i Notary Pusie I maims A.R..kw aLtIC_h.Aled:rT / y�T y L —_r !'YIYII Tea Aglcaa Name 9 N, V I ,ll(C _ [ ! Poem tea erv.saa WARRANTY DEEP-.. ,.,c U �c _2. !s Ca la . . IYtO.•IpY re.Iwyrypl,ypK.,apllp�lla C.I.Hausa co..'van. 1pN I� a i;y Recorded at/' de.tl,cx:� - - ,,,-1-;:_.t ' -• U / / �SS84•2 S. LEL S11�t1EE, .�i Reception No..�,,. .../„./ _ ^corder. ';Know Mt glen hg these (resents, That I, DOROTHY YARNELL , .—, whose street address is , City or Town of......_..Lucerne 3 9 e County of Weld and State of Colorado for the O consideration of Other' valuable consideration and TEN AND NO/100 Dollars, , o ) in hand paid, hereby sell(s) and convey (s) s) to...._-...__.._ .,.....RICK..HERTZKE... Ci or Town of whose street address ix_ City in County of Weld and the State of Colorado the �i following real property in the County of. Weld State of Colorado, i v O to-wit: o All that part of the East Half of Section 2 , Township 5 North, Range 7 67 West of the 6th P.M. , lying South of the following described lands : , -4 >- `z- -r Beginning at a point on the West line of the East Half of said Section 2 from whence the Southwest corner of said Section 2 bears South 75° 10 ' West a distance of 2803 . 4 feet; thence North- 71° 54 ' East 2792. 2 feet to a point on the East line of the East Half of said Section 2 from whence the South- east Corner of said Section 2 bears South 03° 31 ' West a dis- tance of 1659 . 4 feet more or less ; except a strip of land described in instrument recorded in Book 995 at Page 158 , Weld County Records State Documentary Fee I Day .......................1. 8. 197G.. r with all its appurtenances and warrant(s) the title to the same, subject to the 1976 taxes payable in 1977; reservation of oil, gas, . coal and other minerals by prior ..ownen.. anal..of.l...and...gas_leas es...gr,anted..by.._prior...owners.;_..ta..easemen.ts.. described in instruments recorded in Book 1263 at Page 2 , in Book 155 ..at Page.. 32O.,....in...Book -1654 •sat--Rage-439 , --in Book---6.4O--under-..-Reeeption--No. 1561955 , Weld County Records. Signed this. ' 17th day of May , A. D. 1976 . In the Presence of ._..A >l d Dorothy Yarnell STATUTORY ACKNOWLEDGMENT Al P‘ A .... Sy STATE OF COLORADO, OTAR i County of Weld J j tL Y ? The foregoing instrument was acknowledged before me this w : P-c>'O : s 17th day of May , 1976 , '• �'UBOO • c, By Dorothy Yarnell_._-__-_•_-_-_ i•1' .- .-'(,Y Witness my hand and official seal. OF gtl° My commission expires <V C,7`,.."--1—,,. ./..7.7 N Public. — —___ MRIIIne Address for ____ _ _........... . ..._..._... ._. _—_.._- ......__. Future Tax Notices thaneMailingAddress FORM I Wm.'. 0.73 WARRANTY DEED--sTATUToPT FORM FOR roOtOGRArMiC ' CORD.---THE C. F. ,IOFCFEI. Co.• DENVER 2.sos Rick Hertske Recorded Exemption-232, October 6, 1976 REFERRALS County Attorney / County Engineer ./ County Health / City of Windsor, P. 0. Box 627, Windsor, CO 80550 ./State Highway Department 1420 Second STreet Greeley, CO 80631 mcmoRAnDun To Planning Commission Date October 8 , 1976 COLORADO From Engineering Department sweetRick Hertzke The access road to the Missile Park is a controlled access road; therefore, no private access can be granted on said Missile Park access road. When Lot B is severed from the total parcel the access easement across Lot A must be described by metes and bounds as a perpetual easement and said document recorded as such. Gilman E. Olson Subdivision Director Reviewed and approved by : G. Frank Smith, mfm CC: Commissioner Billings Weld County ilea/tb Department BOARD OF HEALTH DAVID WERKING.GREELEY FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAB.GREELEY DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON.AULT (3031 353-0540 WILLIAM BUCK.ROGGEN DORIS DEFFKE,GREELEY DONALD HERGERT.GREELEY HERSCHEL PHELPS.JR..MD.. GREELEY CLARENCE SITZMAN.GREELEY October 7, 1976 JOESTOCKTON.GILCREST Mr. Gary Fortner, Director Weld Co. Planning Ccnmission Weld Co. Centennial Center 915-10th Street Greeley, OD 80631 TO WHOM IT MAY CONCERN: We reccnmend approval of Recorded Exemption for Rick Hertzke, located in SE*, Section 2, Township 5 North, Range 67 West, Weld County Colorado. The soils are suitable for private disposal system. Sincerely, G1 E. Paul, Direc�r Environmental Health Services GEP:dr cc Rick Hertzke Npc,,,, $t;; •/ 0 ,. - . „ , , }nt,tsomitnne alissismsa...m.,..,—I. —I— --c--a - 174: GREELEY CIVIC CENTER GREELEV. COLORADO October 11 , 1976 80631 0101.147'; Weld County Planning �'\ Weld County Centennial Center tc ' 915 Tenth Street r, R °O Greeley, Colorado 80631 0; �r,.z, / , _ a . j � d,. Attention: Mr. Ken McWilliams �9�"� `'1 Subject : Request for Water Service from Rick D, Hertzke Dear Mr. McWilliams , Mr. Lawrence Hertzke has asked me to forward to you the City ' s disposition on providing water service to the area known as Lot B on the proposed replatting of the Hertzke Dairy which will be built immediately east of the County Missile Park Road. I understand that Lot B will be part of the original plat which was to contain the Hertzke Dairy operation. Since the property to be served will function as an integral part of the dairy operation, and since Lot B consists of ground which has been approved for water service by the Greeley City Council and, since all other conditions required by the City for approval of water service have been met , I see no reason why the City would not approve Mr. Hertzke ' s proposal . If you have any further questions, please contact me, Sincerely, CITY OF GREELEY a ,72 eter A. Morrell PAM/pjh City Manager cc : Rick Hertzke Lawrence Hertzke Sam Sasaki "A COMMUNITY OF PROGRESS" Toi4 of Windsor *rot _ �1 P.O. BOX 621 WINDSOR, COLORADO 80550 October 11 , 1976 Mr. Ken McWilliams Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 Dear Mr. McWilliams : The referral concerning the application of Mr. Rick Hertzke for a Recorded Exemption will not have an opportunity to be presented to the Windsor Planning Commission prior to the date you are requesting comments. However, I have reviewed the application , and it is my opinion that the Windsor Planning Commission will recommend favorable the request at its regular meeting in November. If you have any questions, please do not hesitate to contact me. Sincerely, 213?qi;\ TOWN OF WINDSOR Oc m Kenneth R. Henschke t 4 � Town Administrator - e6Z9`ocz7 KRH:dmw STATE DEPARTMENT OF HIGHWAYSweld County JACK KINSTLINGER EXECUTIVE DIRECTOR SH 257 A_ Hertzke DIVISION OF HIGHWAYS Exemption DISTRICT 4 E. N. HAASE DWIGHT M. BOWER CHIEF ENGINEER 1 DISTRICT ENGINEER ,NE STATE OF COLORADO P.O. BOX 850-1420 - 2ND ST. • GREELEY, COLORADO 80631 • (303) 353.1232 October 21 , 1976 DOH FILE 04-41 OCT197 } RECEIVED Mr. Ken McWilliams �• r( 'Weld Co ,,ty t` Planner °= cc ,A Weld County Planning Commission 915 Tenth Street .lJor- ' if Greeley, Colorado 80631 Dear Mr. McWilliams: The Colorado Division of Highways has reviewed the application from Mr. Rick Hertzke for a recorded exemption and has the following comments. The Division has no objections to the above proposal as long as the access to the exempted Lot B is guaranteed by a recorded easement from the access point located approximately 600 feet east of the 'Missile Site Road' and going through Lot A. Thank you for allowing the Division to review the above. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvacs Assistant District Engineer AC: da cc: D. M. Bower Fraser-Yost File: Graham w/encl . via Finch-Patrick-Crier ry'szt DEPARTMENT OF PLANNING SERVICES WELD COUNTY CENTENNIAL CENTER 915 10th STREET GREELEY,COLORADO 60631 GARY Z. FORTNER C. EDIRECTOR3135640 PLANNING PHONE (303) 356-4000, EX T.400 COLORADO October 6, 1976 Rick Hertzke 4929 West 4th Street Greeley, Colo. 80631 Re: Request for a Recorded Exemption on a parcel of land described as part of the SEa of Section 2, T5N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Hertzke: Your application and the related materials for the above described request are complete and in order with the following exceptions: 1 . Submission of a letter from the City of Greeley indicating that water service is available for each of the two lots proposed in the Recorded Exemption application. I have tentatively scheduled the hearing by the Board of County Commissioners on this Recorded Exemption application for November 1 , 1976. If you have any questions with regard to this matter, please do not hesitate to contact this office. Respectfully, �.PiccIA)!/U�‘14t- Ken McWilliams Assistant Zoning Administrator KM/bg WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CARLSON JUNF STFINMARK PC • FIELD CHECK 4,1!f1/ 76 FILING NUMBER rS°WF 3p$' NAME ,4/ fie r-` ,-Air ' REQUEST -std p - ,)., LEGAL DISCRIPTION pi- SF cr,r_ , --- e7 LAND USE N Xi E1 S — 4.otole, --. /> 1 W 711 ZONING N LOCATION -1/4. -} AJ ol_ ,g.57 E Sly,. r- Gvheri i f ;fier5earA S t'All .714fJ/ 5 1 14 COMMENTS :c\<4, -ett /71199-1'-'1-47 ,-I;A 01049-51- ,i o �1/l 1, �� i//Jig/lei I% i AGCY ,C <,Q.eiG� --v -hl( , 1/11 1 , , ,, , rya .4244 , '/41-- --C-11?-1-1 i C�GD,di i/.�9�i -1-'4-ti /� `� j',- �'.2t.l.G �"..9.1f� X71 l f hjG/ r / .7{!-- a 79 ' A i/ -tzto: T I 0 t / r' • BY .,1 _7/4_7- i1�p?�1 L(� "1.4% 7 fI S3-C , POND (� z� 5 8 3.9 C 1 \I 53 -c0 SUP M Scc.2-Ts iv-R61W stole: /:ay,000 N -� f. �o .� �l .P. pc L '� OO vi ... � s /Otte _ / � ss - ��JL )-/C3 l3 .Olney sesnoly loan s /0/4 l — 3 fir) 'il/¢.l3oh sa,.wd,� IParti �s/o�ec 3'-q ) III :---.. RECORDING DATA - MAPS & PLATS•NAME OF SUBDIVISION Rec. Exemption No. 0957-2-4-RF232 ---------- Rick D. Hertzke ____.__�.______. NAME OF SUBDIVIDER -- LOCATION OF SUBDIVISION SE4 S2 T5N R67W 6PM. Weld County, rnlorada DATE OF RECORDINf, N0V 41976 BOOK 781 RECEPTION # 1702830 MARY ANN FEUERSTEIN WELD CO TY CLERK AND RECORDER STATE O Y COLORADO - -�� // SS / COUNTY OF WELD BY: r /rte i piled with the Clerk of the Board of CountyCommssioners DEPUTY COUNTY CLERK 6 RECORDER NOV 5Y976 COUNTY CLERK AND RECORDER By Deputy Hello