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Home My WebLink About760608.tiff RESOLUTION WHEREAS , it has been determined by the Board of County Commissioners , Weld County, Colorado, that a certain tract of land, being the property of Flossie Muse, Hudson, Colorado, and more particularly described as follows, to-wit: All of the Northwest Quarter and the Northeast Quarter EXCEPT the Northeast Quarter of the North- east Quarter of the Northeast Quarter thereof, all in Section 18 , Township 2 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: BEGINNING at the Northwest corner of said Section 18; thence along the North line of said Northwest Quarter East 2566 . 14 feet to the North Quarter corner; thence along the North line of the North- east Quarter South 89°59 ' 43" East 1984 . 93 feet to the Northwest corner of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section, thence along the West line of said Northeast Quarter South 0°44 ' 05" West 664 . 07 feet to the Southwest corner of said Northeast Quarter; thence along the South line of said North- east Quarter North 89°53 ' 50" East 661. 82 feet to the Southeast corner of said Northeast Quarter; thence along the East line of the Northeast Quarter of said Section South 0°43 ' 16" West 1988 . 47 feet to the East Quarter corner: thence along the East- West centerline of said Section South 89°34 ' 30" West 5195. 49 feet to the West Quarter conrer; thence along the West line of the Northwest Quarter of said Section North 0°20 ' 27" East 2689 . 88 feet more or less to the point of BEGINNING. The above described parcel is subject to a 30. 00 foot wide reservation for County Roads along the West and North sides thereof . The above described parcel contains a gross acreage of 308 . 95 acres more or less, and does not come within the purview of the definition of the terms "subdivision" and "subdivided lands" as set forth in CRS 106-2-33 (a) and (b) 1963 , as amended, and WHEREAS , it has been requested that two splits be allowed on said property, all as set forth in letter dated April 2 , 1976, from Thomas E. Honn, Zoning Administrator, attached hereto and made a part hereof by reference, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, desires to exempt these particular divisions of land upon the recommendation of the Weld County Zoning Administrator for the reasons as stated and pursuant to its autho- rity under CRS 106-2-33 (d) , 1963 , as amended. 2c1 - P �C/ / 6 75- 760608 NOW, THEREFORE, BE IT RESOLVED, that the hereinabove described tract of land owned by Flossie Muse, Hudson, Colorado, be exempt from the definition of the terms "subdivision" and "subdivided lands" as provided for in the new Weld County Sub- division Regulations at Section 201 A. , (3) adopted August 30, 1972, as amended. BE IT FURTHER RESOLVED, that any further division of parcel hereinabove described shall not be allowed for a period of five years, in accordance with requirements of Recorded Ex- emption Procedure as defined in Section 9, Weld County Subdivi- sion Regulations. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of April, A.D. , 1976 . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /17 eiS000‘ elcv ATTEST: COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY '/i'_y1,„„Ariii Deputy County r Ni APPROVED AS TO FORM: w c�u pecial Le al nsel RECEIPT FOR CERTIFIED MAIL-301 (plus postage) POSTMARK SENT TO OR DATE Flossie Muse STREET AND NO. Star Rt. Box VAll P.O., STATE AND ZIP CODE 0-1 Hudson. CO1 80642 On Hudson. SERVICES FOR ADDITIONAL FEES tr RETURN Dfr t Shows to whom and data delivered 150 4/8/76 With delivery to addressee only.. 654 RECEIPT ]. Shows to whom,date and where delivered 350 SERVICES With delivery to addressee only 650 _ • DELIVER TO ADDRESSEE ONLY 500 _ Q SPECIAL DELIVERY (extra f..req"ir.d) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL *GPO:19420-4e0-143 a xa x w • r p E ; W L 'o wit or -rd $ ga. F O -0 N_ > O " iN v O N .2.s ' 4 `S t R d' 6 v 'E R C LD -- �- u 'E pri 'O P- A ` LU v 5 as rag a 'o /fi Z to b a • m am ,. ga > > g 8H CO S: a 9.� 9 " wvw8 wxO• gm � � a�}� . m cc tk Lo .+,�o Q Q S o to O r".I o W co 9 oT' Z ≥ E� v v� _ $3 "a ft fi4 .m 3 3 F 3 U F. AT3 V rc $ 9 o w a' il o� t g g oG g aG g ia Pro 0 Z z . kN , g V 3; H grill 3 s� • .S �b N Ito f-1 to a C W Vy W m 01 ir. ,.eta a r� N 2 O ell re U W F F. < O) t• Ll O O Z W Tn x i 1 u < fx ni m Yo M ' m b • nn N PS Form 3811, Ln. 1975 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL RECORDED EXEMPTION NO. - 494 •mss° 6 0 .0 `� 4isui: a e / DATE: February 18, 1976 OWNERS: • •., _y''Y '�}T fi g t : 5 d. aR.74 e'J #':d47' r; 5,m., a il' 1 0•14 ` "'h . ,• 4.1 ,;- ` T A Fou - y ch 1 L T = r a tit' s. kr . ..�� ips C r,ta Vr 0.0. 1+ l �g ►1/i .r' h ,r f�d;+'(� �csW i"n"f* . � 't{m114✓e e u'tF� y/ • I7 {�� > kac>. ..- .r ... ,.«4.e ' ow=.nil.Y.k:.fl. -A .-.- .a..,v.. a, a ,...aa. . .x..z..+• `^"'i �r`fl -- '-• ',w� N . V/C/NI T Y . .MAP . -.r SCA /�/ - 2000/ t I1WYtl�,°r , 4 X- .•^,1,43ipdrr,iNRX30,0 r'',0!kWxsgl'."i^. '‘r'' r"•14R" 'I` ,. +"A °.ikiQ k,'TOP- r� YNY:¢i v<q/ i1.. v_....„tkgaa..r.�+y{or.ew•'^..‘,n.,a...,...N r.?.-."s ' '''r- cr - ..Alf;,7a tt ,..c 1, ISIMPIMMIIMMill 0 /000' 2000 1 ..SCAL et/ // /000/ '4 "� at t",,,e0„, ;t ' 4 ,#. ' Mr,,':' "7"" A',ai ,al +. .ay .4,C;r 'k z r5Fy .+.`**.i'tma „%' t I 9.'k,✓°;77; .f '.. ...ins:E':.i�a t h,,eiz4 ", �Nb 4 P!"4A"�4 -1;4•L 4.,65'44.$' ' it 'c. 1516' w i x a ° v a t a �. { ,p; ^,,,: ?r 3'�'». ' t x, ° 3t"�"' e£•°"✓ '*Ay, yc n. ;..,..,y+^rx r ✓ lc�.�i e .fi' '. gppp7lM N W Col• N )y Co*. E.a5r RS bb.l 8 89. 59'43'• C `96A "-Lc_ con.I Po B �— 4 S LO ° , r 3 Kt E4/4 �� CT. 1$ .. ". • 30• C um-,..• •Q a TA w " 0 .0 oryE 4µ J . °. ' OrNE' Q )Y !iligikawsp,t,t.. was 7, 'izai.4Y15uu A3Y Mt4►Awil'.e.w+ n d .. S:fy.�}::;41,, Vin,- _ 9.99 PIv a Urt'r t..,•S� nh fa v dg ifra �i ,.0 'L4r 8C(1 an We r 4, of t,.3 4 LOT B r ) "' If z W 298,96 AC. ± ?M t 9 °l. J ffi k • n ° N 9 3 0 eNr 0 a 0 0 E-w acq-nag List sec. /9 TE )Y c-bt 1� \r./ )8 5 84° 34' Ds" W Siff 441 ' 3 t Col. I,) x • h r M' a c w n J • / O J 8�• " 8 llRi 'am 2 N ti m N * .0 ^lip Ceq... . S..B101y'a{•v Js2695 1 n ,. Ckr�:.o ,S<,`stexas.Y1"w'. ' ales>.Osr. ,-'yL~'ait.C ' ,:ie' - RECORDED EXEMPTION NO. "' it DATE: February 18, 1976 • r'OWNERS• iNcYiw.milun`k'M¢..Fr.:m�,a.�rF-. ... ♦.�sw.4w ..ur.....w.w.......n '>eF[.:.._._.rt::;. - ..V,..y'. 'a» 4-. Y r w, n '' Aifi;a ° * swYs' -- o] ),?!,,,,,<-'7;6 :Its ! 7, '�-f *"V. K₹^y '+ 3 P . •"., l.wry�"1'n�'f 'F' 't .f..4 l' ,,`r�:�?9",' 6' '''`.' .' A` ;a adp,—4-4Q,,h.M[t`*k,ti $ a 1 4c.rt ,P .f+ �� y .' AL DESCRIPTION !!All of the Northwest Quarter and the Northeast Quarter EXCEPT the Northeast Quarter of the Northeast Quarter of the Northeast Quarter thereof, all in Section 18, Township 2 North, ".Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described an ,£allows S KNNtNt,'=at' the 'Northwest corner of said`'Sectioh .l8;"thence -along the,.North lineMa «t x'Querter. East..2566.14..feet. ta_,the.Sasth Quarter—cos.nar..$ ..thenoe—along_she Aerp i„ . o the Northeast Quarter South 89°59'43" East 1984.93 feet to the Northwest corner of the *Northeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section; thence along the West line of said Northeast Quarter South 0°44'05" ''est 664 .07 feet to the South- west corner of said Northeast Quarter; thence along the South line of said Northeast Quarter North 89°53'50" East 661.82 feet to the Southeast corner of said Northeast Quarter; thence tong--the' East line of the Northeast Quarter of said- Section South 0°43'16" West 1988.47f eet `},�to4he, East Quarter corner; thence along the East West centerline of•- said Secytrl,ott �So44h) 1,'"1,�, 1419134.1.30"'West 5195.49 feet to the West Quarter''corner; thence along the West ";,ine"bt: he t ;, vest°+'Quart trrof,aajdrSection Narthm02t' , $srai 689:88 feet"!°mot bet7."e . 11 , BEGINNING.,.,1‘1'ra ' t', ,J , , a he;above described parcel is subject to a 30.00 foot wide reservation for County Roads along the West and North sides thereof. ‘ .-A yr: • A eecx8hedparcel contains..a grass°-acreagstef*30gv95 acres more or lessw— 4 , V° ‘, .,.: s U"1 1: SURVEYORS CERTIFICATE b '4 's . irrM.ay>�m * v.,,,. .-.: •»°wetrresme eog`? �p;.7ry+@+ Ka""�yeie ,yys:-+mwyKkn'd^e°'w. ,.I hereby certify that this plat was prepared under my supervision, and that same is correeb p re N� ' he best of m knowledge and belief. . , . (�SEG lT •t EDWARD L. BERLIER, L.S. 10855 ' '1 1 �«K'x /OSSfC �//usE being the sole owner in fee, of the above-'` tt, ":' ♦ 1' ptoperty (19c-hereby divide, the game s shown on the attached map. ; t. -Y�l .r... "'Cf yn•,a ^. _ .., •no .. ..as - #� i .•dv`_ Nd. .k 4r]f�� ,'w�^Y :S .nri�wir.odgry.raasa..+ �' � " \\� Lam" [ 'yppp M♦ ,y,�}'y3 s'�'�� n M1w.; '•Vx L.O'4., , K gTa�"(s' eft,:ire` ".;!-'4c'K .."., e .. • '.-:' � 3 °+; ,' . --,. �w wyty+y The foregoing certification was acknowledged before me thislOthday of March , 1976 A.D. { iL bnalite Bice ''September 1.4 , I - '', at -->., -" a i nearxuwy; Hands-and Seal: > '$ .a,.; vih -Notary Public-':' °" „ » , ,: c The accompanying plat is accepted and approved for filing. //� Q�PµO L gER iJL�ri J�v .,.(;('.,' • , Pge,ISTfgfQ��FP CHAIRMAN OF THE BOARD OF COddNTY COMMISSONERS ;ATTEST: COUNTY CLERK „CZ__ van< * 10855 re'/ E ��9). suai ii9 DA E eOp C0`0� �j]�jTy a No.t.'16108 1-L -.. .�. ^:;� ,. Page 2 of-.2 .w;. ..� A,4,< . Vii: .cam .h s•♦'59YR "Y "!tntY\w -... PLANNING COMMISSION (11/ 6C. OFFICE OF RtglXkRX ftkniNI &Ot4 PHONE(3031 353-2212 EXT.229&230 f I 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 InglC. COLORADO April 2, 1976 Board of County Commissioners Weld County, Colorado 1516 Hospital Road Greeley, Colorado 80631 Dear Commissioners: The attached application, plat and related items are in reference to a request, by Flossie Muse, for a Recorded Exemption. The parcel in question is described as the NZ except the NE4 of the NE4 of the NE4 of Section 18, T2N, R65W of the 6th P.M. , Weld County , Colorado. Said property contains 308.95 acres. The 150 acres in the NE4 of said section are dryland. 1172 acres of the 160 acres in the NW4 are irrigated. The recorded exemption request is to split off a 9.99 acre parcel with improvements from the remaining property. In addition, Mrs. Muse is asking to be exempt from the definition of "Subdivision or Subdivided Land" (Section 2-1 (A)(3) of the Weld County Subdivision Regulations) for a second request to further split the remaining part of her property. Said second request is to split her remaining property into two 150 acre parcels. The resulting parcels in this request would be 150 acres of dryland in the NE4 and 150 acres in the NW4 of which 1172 acres are irrigated. First, with respect to the request to split off 9.99 acres with improve- ments from the remaining property, the Planning staff recommends approval based upon the information submitted. A recommendation by staff based solely on the adopted policies of Weld County would be denial because: 1 . The proposed split does not comply with the Weld County Comprehensive Plan because it would promote non-agri- cultural use of agricultural land and it would encourage urban encroachment on rural land use. WELD COUNTY COMMISSIONERS GLENN K. BILLINGS NORMAN CARLSON VICTOR JACOBUCCI JUNE STEINMARK ROY MOSER County Commissioners April 2, 1976 Page 2 2. The recorded exemption request is not in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states: "The intent in establishing the Recorded Ex- emption procedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby non-productive agricultural lands may be developed for higher or more productive uses, in-so-far as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed. (Rev. 4/17/74)" Soils in this area are primarily Class II, III, and IV. The granting of the recorded exemption would allow for the con- version of productive agricultural lands since a new set of improvements would be allowed on the 298.96 acre parcel . 3. The recorded exemption request is not in conformance with the intent clause of the Agricultural Zone District (Section 3.3 A of the Weld County Zoning Resolution) which states: "Intent - The intent in establishing the A-I Agricultural Zone District is to allow all agri- cultural and related uses in those areas in which agriculture is and should continue to be the predominant land use. This district is intended to discourage encroachment of incom- patible uses upon the agricultural land in the district, to encourage agricultural uses as the highest and best use of the land in the district as compared with other uses in conflict there- with, and to provide for the orderly expansion of urban growth in conformance with the Weld County Comprehensive Plan." The request would not be encouraging agricultural uses as the highest and best uses, it would not be providing for the or- derly expansion of urban growth, and it would be breaking up a large block of agricultural land. However, despite the apparent conflict with the adopted policies, the staff recommends approval for the following reasons: County Commissioners April 2, 1976 Page 3 1 . The owner of record of 9.99 acre parcel which is requested to be split off is Mrs. Muse. However, Mr. and Mrs. Ronald Stitt have had an unrecorded contract on that parcel since September 11 , 1972 (12 days after the adoption of Senate Bill 35 by Weld County) which substantiates they have had an interest in the property for more than three years. 2. Prior to Mr. and Mrs. Stitt obtaining an interest in the 9. 99 acre parcel , Mr. Richard L. Hein had a contract for the same parcel in September 1 , 1970 on which he apparently defaulted because the parcel reverted to the Muses on April 30, 1971 . 3. The Muses sold the parcel in question to the Heins in 1970 because Mr. Muse became disabled and had to leave the farm. With respect to the second request to be exempt from the definition of "Sub- division or Subdivided Land' to split the remaining 300 acres into 2 parcels of 150 acres each, the Planning staff recommends approval for the follow- ing reasons: 1 . The Muses' son who has been farming this acreage is no longer farming and Mrs. Muse feels it is too much worry to rent it out. She has been unable to sell the 300 acres as a whole, but a buyer has been found for the 150 acres in the NW4, the majority of which is irrigated. 2. The proposed split would roughly coincide with division between the irrigated and dryland parts of the farm which makes it a logical and practical division. 3. The proposed split would create an irrigated parcel which would be almost twice the minimum lot size in the irri- gated Agricultural District and a dry parcel only 10 acres short of the minimum lot size. 4. Three parcels could be legally created out of this 310 acre parcel without requiring any subdivision or review process: two eighty acre irrigated parcels with im- provements could be created in the NWa and a 150 acre dryland parcel with improvements could be left in the NEa. The two proposed splits before you would also create three parcels with the potential for the same number County Commissioners April 2, 1976 Page 4 of building sites. The advantage of granting the requests before you over what could legally be split off is that the irrigated parcel would remain as a 150 acre parcel rather than be split into two eighty acre parcels and thus it would remain a larger, and therefore, a more viable, agricultural unit. Based upon the above considerations, the Planning Commission staff recommends approval of both proposed splits with the stipulation that further division of any of the parcels therein into two or more building sites, tracts, or lots would not be allowed within a five year period; such five year period being defined as that period commencing upon the date of approval of these requests. The latter stipulation is in conformance with the re- quire - s of the Recorded Exemption procedure as defined by Section 9 of e Wald County Subdivision Regulations. Staf, R:.pec ully Th.mas E. onn Zoning Administrator jsm i APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY: LAND CODE : CASE N0 : IQ — ,'_ e76 T : S : 1 /4 : DATE :_ � S / LEGAL IESC . A?PR APPL . FE : Q�1{ APP . CHECKED 3Y : RECORDING FEE 4.ob KM DATE SENT TO 3O%+RD _ RECEIPT NO . : DATED FILED & RECORDED: TO BE COMPLETED BY APPLICANT : UPr• nc ur 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 : LEGAL DESCRIPTION All of the Northwest Quarter and the Northeast Quarter EXCEPT the Northeast Quarter of the Northeast Quarter of the Northeast Quarter thereof, all in Section 18, Township 2 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly describe as follows: BEGINNING at the Northwest corner of said Section 18; thence along the North line of said Northwest Quarter East 2566.14 feet to the North Quarter corner; thence along the North line of the Northeast Quarter South 89°59'43" East 1984.93 feet to the Northwest corner of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section; thence along the West line of said Northeast Quarter South 0°44'05" West 664.07 feet to the South- west corner of said Northeast Quarter; thence along the South line of said Northeast Quarter North 89°53'50" East 661.82 feet to the Southeast corner of said Northeast Quarter; thence along the East line of the Northeast Quarter of said Section South 0°43'16" West 1988.47 fee to the East Quarter corner; thence along the East-West centerline of said Section South 89°34'30" West 5195.49 feet to the West Quarter corner; thence along the West line of the Northwest Quarter of said Section North 0°20'27" East 2689.88 feet more or less to the point of BEGINNING. The above described parcel is subject to a 30.00 foot wide reservation for County Roads alon the West and North sides thereof. The above described parcel contains a gross acreage of 308.95 fcres more or less. APPLICATION FOR RECORDED EXEMPTION 41eld County Plannino_ Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : LAND CODE : CASE NO : k - 76 LA- T : 5 : 1 /4 : DATE : 8 LEGAL DESC . A?PR _-_ FE : SO. OO_ ept APP . CHECKED 3Y : RECORDING FEE#t},Qa KM DATE SENT TO BOARD _ --_----- RECEIPT NO . : DATED FILED & RECORDED: (29Y, 96 30& ACREAGE : LOT "A" 1 . C1 at/V. ; i.C L. " ;TOTAL :HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DTTIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES '` 0A)0?--- FEE OWNERS OF PROPERTY : a pt t?o< i:3.4 in/ • NAME : I' IOSSir )4) tt ADDRESS A,Z4n.ckflij_area PHONE :,S3G-r+ oc NAME : ADDRESS PHONE : ---PHONE : NAME : --- — ADDRESS WATER SOURCE WQIITYPE OF SEWER se6)"I-IC -- PROPOSED USE—.- arvn,N — -- — I hereby depose and state under the penalities cr ;erjury that all statemen . proposals , and/or plans submitted with ' r cor,tained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO ) iliada:Gradoca—e--• Signature : Owner or Authorized Agen Subscribed and sworn to before me this 10th day of March 19 76 SEAL NO ; fi F September 14 , 1977 My commission expires : - /? - ei - / /725 �� 4sz7 2 1.. ,LLE Sri:f. / 49N0 lJ - 9h I ' . '.V .F5 b J ____ 4855 ,, , � i________Ai_ •" 49J4 /JJ-•\L/ 4.11 abo' 4$68 i aCJO r ,. �_ 4990 / 36 t r D 31 ' L, 4 , ii ao /—�-� / li e o 4 Q ° N �' 4996 4955_ �,.R • 2 F+"-u .. + _ 4943 454.4. I\ � 4 :1 O Q J v. 95 i ix 404,_ i , . i, , , „:, , . , __, ,4,, I, ,,,,,,,,, . ,, ., „J . , 4 4 0 ,r. _ ZO t _. ,— *4965 J/ �., \ (_/— �4p4��• — 55i� I 4950 � Oyu\ �� ^s c \ ,, *' o 12 '[,4997 ) 494 %4940 l 8 c4' 4693°. J •,5 R _ O pr �. e ) •> 9 1 - - • dCb' .6 /— .4948 _ L �9 _ 4996 v / I # \ �° I, \ \ ) ,. .r� Fodt-Way c w t .a9'JO 50�C ` 4965. 1 7/ v ra.s9 Pc `F "� 0 P9 0 C ^ ---,-- , J ,yryo V Well Ys 4996 ' __ ( p,9o?a 99 rriSo�s x._ _ ,- a w 4 C> , r -, , ----- 'oJ - 19 �s°� 20 ' 5 i oo �_ pry j CC /4/4/7144 -a/ 772 2>i 71. k< 4 a- (2 L ice `7Zci_a_C'n.c.„EL/: �t� cti L ye. e'.Cte9_a / +4t LYMT3- -e-9 C.C.- 6 De li-�.t., Rice, " nc_ - J � h/ 7,72, «-u, .A� 7 - .fLG-sv(i_k- J/Ai. zv71�. /C2-enzY I 7 /Lt /y p t !�-tY� 7 �C'�C �cY�C. /�L�co� 2L/ tic� j9�ti�'�c .7 /7?t-e,--Q-- -,-,7—[�.. 'E -- ,�,c.t-tee:.=-� �,v /i "IC bzt z' "f ; 4 ,c_.,/, /c` axe cc-, 1_ - c L-e- ii___ if .• . i / cr2ci_e- ,/,(2 -1e) 5"(5d V Star Route, Box VA 11 Hudson, Colorado 80642 b2�L March 16, 1976c-3 ta O1/4 ita O1 b t. Mr. Tom Honn d 4' a Jv Weld County Planning Commission 91f£i4`\\ 1516 Hospital Road Greeley, Colorado 80631 Dear Mr. Honn: Mr. Newton has asked that I write to you regarding the property which is subject of the Recorded Exception Application now on file with the Planning Commission. I sincerely hope that this letter will assist you in m-king a determination which will permit the property in question to remain in continued use as farm land. My late husband, Ed Muse, and I farmed this property from the time we acquired it in the mid 1940' s until only a few years ago. My husband was a farmer, I was a farmer' s wife, and our son is a farmer to this day. Our son had been working the property in question but has determined that he will be unable to do so in the future. When Mr. and Mrs. Ronald Stitt approached us to purchase the property, they indicated a desire to acquire the ten acre tract for the purpose of raising some farm animals and other small crops. This was my impression of Mr. Stitt' s intention in regard to the property and neither myself nor my late husband would have agreed to sell the property to him if there was any doubt in our minds that he would do otherwise. We had opportunities in the past to sell this property for development, most notably inquiries from the developer of the lands lying directly across the county road from the lands herein question. It was our intention, my husband' s and mine, at the time and it remains my firm intention to this day that this property remain as farm property. I would very much appreciate your committee recommending approval of the recorded exception, as my son is no longer able to devote his time to the farming of the land in the • Mr. Tom Honn -2- March 16, 1976 NW 1/4 and my interest is turning the property over to individuals who have the time, energy, and inclination to see that the land continues in its productivity. If you have any questions, I would be more than happy to discuss them with you. I plan on attending the meeting of the County Commissioners in regard to this application for record exception. Sincerely, Flossie Muse FM:ms March 1 , 17 TO WELD COUNTY PLANNING COMMISSION: Ir, reference to the application for recorded exemption on the in-d, : parcel and subsequently the 150-acre irrigated farm owned by , ors . usr el Hudson, the following facts may have a bearing First , the U were sold on a contract for deed severri years ago and have been used for agricultural purposes , namely hog producti ,n , since it was sold. Secondly, Mrs . Muse is a widow and cannot farm the remaining 150-a: re farm and is not interested in leasing the irrigated portion of her farm since her son sold his farm adjoining hers and will not be present to far:n for her . Thirdly, a purchaser has contracted for the purchase of the 150-acre irrigated portion of the farm located in the NW 1/4 of Section 18 , Tewnsnin 2 North, Range 65 West in Weld County. His interest is strictly is the form of land investment for farming purposes only and he has no int rest in further subdividing or selling his interest at this time or in the near future. Farming time is rapidly approaching, and time is of the essence in determining how this will be handled by the Planning Commission and the County Commissioners . Seller Purchaser Clet n.u4)1121 @IiOR® PLATTE VALLEY REALTY, INC. livestock exchange, 28601 hwy. 34 brush, colorado 80723 617 bridge street brighton, colorado 80601 BOB WARDELL/associate broker \i bus. brush (303) 842-2124 Farms & Ranches 'mss. brighton (303) 659-4922 res. (303) 659-770 J ' WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION SLATE OF COLORADO) COUNTY OF WELD ) Stewart Title TITLE INSUS ANCE . or ABSTRACT C .: 'ANY hereby certifies W t i t , iade a careful search of • its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION All of the Northwest Quarter and the Northeast Quarter EXCEPT the Northeast Quarter of the Northeast Quarter of the Northeast Quarter thereof, all in Section 18, Township 2 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, more particularly describ( as follows: BEGINNING at the Northwest corner of said Section 18; thence along the North line of said Northwest Quarter East 2566.14 feet to the North Quarter corner; thence along the North lin( of the Northeast Quarter South 89°59'43" East 1984.93 feet to the Northwest corner of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section; thence along the West line of said Northeast Quarter South 0°44'05" West 664.07 feet to the South- west corner of said Northeast Quarter; thence along the South line of said Northeast Quarte. North 89°53'50" East 661.82 feet to the Southeast corner of said Northeast Quarter; thence along the East line of the Northeast Quarter of said Section South 0°43'16" West 1988.47 fe to the East Quarter corner; thence along the East-West centerline of said Section South 89°34'30" West 5195.49 feet to the West Quarter corner; thence along the West line of the Northwest Quarter of said Section North 0°20'27" East 2689.88 feet more or less to the poin of RF.nTNNTNG. -- — - —_ Reception no: , Book c-2ception no . NONE - , 3cok Reception no. , Book Reception no . Book Reception no. , Book Reception no. _ -_.a Coo!: Reception no. , Book Tni 2 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 Stewart Title COMPANY is hereby fi ni ted to the amount of the fee paid for this Certificate . In 'Ii tness Whereof , Stewart Title COMPANY has caused this certificate to be signed by its proper of;i cer this 10th day of February , A. D. 176 , at 7.45 A.M. o' clock. Stewart Title of Greeley Sy %/ Air 0 LEI S i THE AGREEMENT FOR EASEMENT THIS AGREEMENT Made and entered into this /O day of li1ciAct. 19% , by and between Mrs . Flossie Muse whose address is Star Route, Box V11, City or Town of Hudson, County of Weld, State of Colorado, hereinafter referred to as Grantor and Ronald A. Stitt and Gloria J. Stitt whose address is Route 2 , Box 202 , City or Town of Fort Lupton, County of Weld, State of Colorado, hereinafter referred to as Grantees. WITNESSETH: This Agreement is made as an Addendum to the Real Estate Sale Contract entered into between the parties September 11, 1972 , which Contract provided for the sale by Grantors to Grantees of certain real estate and property situate in Weld County, State of Colorado, described as follows to-wit: That certain parcel lying in the Northwest Quarter (NW 1/4) of Section Eighteen (18) , Township Two (2) North, Range Sixty-five (65) West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the northwest corner of said Sec. 18; thence East 1320 feet to the true place of beginning; thence along the north line of said Section a distance of 748 feet; thence south parallel to the north-south section line a distance of 582 feet; thence west parallel to the north line of said section 748 feet; thence north 582 feet more or less to the place of beginning, consisting of then (10) acres more or less, subject, however, to a reservation of all oil, gas and mineral rights to Louis A. Birkley by Deed recorded in Book 1215 at Page 591 of the Weld County Records and subject to a right of way for an under- ground concrete pipeline for the carriage of water as now located upon said premises, said right being in Fred Weisner, subject, however, to a reservation of the other undivided one-half to the Vendors. This Agreement is also made subject to the Addendum to Real Estate Sales Contract entered into between the parties December 20, 1972, in which the Grantor contracted to give Grantees the first right of refusal on the real estate and property situate in Weld County, State of Colorado, described as follows, to-wit: Northwest Quarter (NW 1/4) of Section Eighteen (18) , Township Two (2) North, Range Sixty-five (65) West of the Sixth Principal Meridian, Weld County, Colorado, EXCEPT the portion of the Northwest Quarter (NW 1/4) thereof which is the subject of the real estate sales contract, dated the 11th day of September, 1972 which this Addendum supplements. IT IS MUTUALLY AGREED that all provisions of the Real Estate Sales Contract of September 11, 1972 , and the Addendum to Real Estate Sales Contract dated December 20, 1972 , shall remain in full force and effect subject to the following provisions of this Agreement. WHEREAS, the Grantees are unable to exercise the first right of refusal given to them by Grantors in the Addendum to Real Estate Sales Contract dated December 20, 1972, and WHEREAS, by virtue of entering into the Real Estate Sales Contract of September 11, 1972 , Grantor may have become a "sub- diver" within the meaning of C.R.S. 30-28-101 (1973) and WHEREAS, it shall be necessary for Grantor to apply for a Record Exception to the requirements of C .R.S. , g 30-28-101 et seq. (1973) , and WHEREAS, Grantor has been advised by the Weld County Planning Commission that in order to obtain said Record Exception it is necessary that Grantor reserve an Easement to the domestic well located in the parcel of real estate and property situate in Weld County and State of Colorado described as follows to-wit: That certain parcel lying in the Northwest Quarter (NW 1/4) of Section Eighteen (18) , Township Two (2) North, Range Sixty-five (65) West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the northwest corner of said Sec. 18; thence East 1320 feet to the true place of beginning; thence along the north line of said Section a distance of 748 feet; thence south parallel to the north-south section line a distance of 582 feet; thence west parallel to the north line of said section 748 feet; thence north 582 feet more or less to the place of beginning, consisting of ten (10) acres more or less. NOW, THEREFORE, in consideration of the matters recited above and of the promises contained herein, the parties agree as follows: 1. IT IS MUTUALLY AGREED that there is on the tract of land described as follows, to-wit: -2- That certain L cel lying to the Northwes 2uarter (NW 1/4) of Section Eighteen (18) , Township Two (2) North, Range Sixty-five (65) West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the Northwest corner of said Section Eighteen (18) ; thence East 1320 feet to the true place of beginning; thence along the north line of said Section a distance of 748 feet; thence south parallel to the north-south section line a distance of 582 feet; thence west parallel to the north line of said Section 748 feet; thence north 582 feet more or less to the place of beginning, consisting of ten (10) acres more or less, a domestic well, together with a casing, pump, and engine used in connection therewith. 2. IT IS FURTHER MUTUALLY AGREED that in order for Grantor to provide to Grantee a Warranty Deed to the above- described property as is provided in the Real Estate Sales Contract dated September 11, 1975, a Record Exception as provided for in C.R.S. $ 30-28-101 (10d) (1975) which would exempt the aforementioned Real Estate Sales Contract from the requirements of C.R.S. § 30-28-101 et seq. (1973) is necessary. 3. IT IS MUTUALLY AGREED THEREFORE that the Real Estate Sales Contract dated September 11, 1972 , and the Addendum to Real Estate Sales Contract dated December 20, 1972, are hereby amended as follows: a. Grantor, subject to the conditions set forth in this instrument, does hereby reserve the right upon final transfer of the Warranty Deed on the above-described tract of land to reserve in herself, her successors, assigns, and personal representatives, the right to take, for domestic use only, sufficient water from the above-described well to provide a total of two-hundred (200) gallons per day and to construct for storage of such water for domestic purposes an overhead tank adjacent to the well, and to convey such water from the well and from the tank by either pipe or ditch to the tract of real estate and property located in Weld County, Colorado, described as follows, to-wit: Northwest Quarter (NW 1/4) of Section Eighteen (18) , Township Two (2) North, Range Sixty- five (65) West of the Sixth Principal Meridian, Weld County, Colorado, EXCEPT the portion of the Northwest Quarter (NW 1/4) thereof which is subject of the Real Estate Sales Contract, dated the 11th day of September, 1972 , which is described in the second paragraph of page one of this instrument and the Northeast Quarter (NE 1/4) of Section Eighteen (18) , Township Two (2) North, Range Sixty-five (65) West of the Sixth Principal Meridian, Weld County, Colorado, excepting thereform the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section. b. In the event that the available water from the domestic well shall be at any time reduced in volume to a point at which it is established that there is insufficient water to meet the needs of both users of the well, the -3- water shall be apportioned pro-rata between the Parties. The pro-rata share of each Party shall be determined by the proportion of the actual, daily, consumptive domestic use each Party has made of the water available from the well at the time of plentiful available water. c. Grantor shall also reserve for the use and purpose of storing and conveying such water as above- described an easement on, in, over, under, and across, a strip of land four (4) feet in width, the centerline of such strip of land beginning at the well and extending across the subject property in a straight line bearing North 89°40' 27" West to the westerly boundary of tract of land described in Paragraph One (1) above. d. This Agreement is made on the condition that upon the commencement of the actual taking of the two- hundred (200) gallons or a portion thereof per day and the construction of the storage tank and pipe or ditch described in Paragraph 3. a. above, the Grantor, her heirs, assigns, successors, and personal representatives, shall bear that proportion which two-hundred (200) gallons per day or that portion thereof actually taken is to the total daily, consumptive domestic use of the well of all expenses incurred in the operation of the above- described pump and engine and that proportion of all expenses connected with the maintenance of the well and that Grantor, her heirs, successors, personal representatives and assigns shall install at their own expense and keep and maintain the tank, pipe, and ditch in good order so that there will be no leakage or seepage therefrom, or any defects that may cause injury to the land and the premises to be conveyed to the Grantee. e. The Grantor, her heirs, assigns, successors and personal representatives shall have and hold such right of easement to take water, and to store and conduct the same over, on, through, and across, the land to be conveyed to Grantor subject, however, to the above conditions to Grantor forever, and this easement shall be deemed a covenant which shall run with the land except that in the event that Grantor, her heirs, assigns, successors and personal representatives shall drill a domestic well on the property described in Paragraph 3 (a) above, this Easement shall terminate and the terms hereof be null and void and the Grantor may enter upon Grantees' property with the purpose to recover the storage tank and pipe mentioned in Paragraph 3 (a) above. IN WITNESS WHEREOF the Parties hereto have set their hands and seals. Date: March 10, 1976 51:' Wi 441-2. lossie Muse, Grantor STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 10th dav'pf March , 1976, by Flossie Muse. WITNESS my hand and official seal. My Commission Expires: September 1 , 1977" otar u is -4- Date: `f>1G;,c;: /O. /s ?G / c,9`74,c4C C� . �Xt I/ Ronald A. Stitt, Grantee _ v Date: ,2,624 < / c: h, 74 a J. tt, Grantee STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this /kirk day of 117cA-tk� ; 1976, by Ronald A. Stitt, and Gloria J. Stitt. WITNESS my hand and official seal. My Commission Expires: //-. 4"--. 76 Noy Public -5- • _ AUG - 7 1915 I Recorded of _L...-• _ _ oal«k • Ree. No. . y6f 165: S. Lee Shehee, Jr., Recorder t GOOKCi � !—/ r4t5 aTATE OF COLORAL-J 0.3 (rS3DEPARTMENT• OF REVENUE irltlFnrVANCE TAX DIVISION • RELEASE OF INHERITANCE TAX LIEN { Estate of Ed M. Muse a/k/a Ed M. Muse 1> to of Death July 28, 1973 Gross Estate $ 60, 787 .93 f. It uppraritil; to the I :xr,•ul ivr 1)in•rtor, I)opartnu•nt. of Revenue, that it is tint urvrrsary to pre et e the lien grarih ii by the ('ulurad, i nheritanee tax law against the heroinaflrr It -a i itt it real CSbttr, in tc hirh the above named decedent had an inlrrest, by virtue of :no authority trsIed in ole under the provisions of See. 39-23-155, CRS 1973, 1 (10 hereby forrcrr rrb•aso and disrluurt;e the inheritance tax lien against the folluwinw ursrrihed real rd:ile, to-alt: N1 of Sec. 18, T. 2N. R. 65 W of 6th P.M. , Weld County, 'i_.` 10 Colorado, excepting a parcel of land as conveyed by rl Deed recorded in Book 1169 at Page 402 of the geld �� J County Records, being 10 acres also described as the NE4 of the NE1 of the NF of Sec. 18 a second parcel of land sold under Contract of Sale lying in the NW= of Sec. 18, T. 2N, R 65 W of 6th P.M. , more particularly //// ;K) -4� described as follows : Commencing at the MI Corner of said Sec. 18; thence East 1320 feet to the true place of beginning; thence along the North line of said Sec. a distance of 748 feet; thence South parallel to the North-South section line a distance of 582 feet; thence West parallel to the North line of said Sec. 748 feet; thence North 532 feet more or less to the place of beginning, consisting of ten acres more or less, subject, however, to a reservation of all Oil, gas and mineral rights to Louis A. Birkley by Deed recorded in Book 12. -4/ at Page 591 of the Weld County Records and subject to a right of way for an underground concrete pipeline for the carriage of water as now located upon said premises, said right being in Fred Weisner, subject, however, to a reservation of the other undivided one-half to the tendors, along with 20 shares of Farmers Reservoir & irrigation Company. Held with Flossie Muse. 7 Dared at Denver Colorado, _._. 1•;xeru tug 1>irertor „j iy 8 ._, 1975 ✓ G �� ' By NOTE: THIS RELEASE MUST BE E7:'".C.OR0E° IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY !N WHICH THE PROPERTY IS SITUATE. DAVID J. MILLER AND WALKER MILLER wait"tjti"s --^.i6`� orn:1. ATTORNEYS AND COUNSELORS AT LAW ',, s ;,4 n r 804 ]TH STREET - P. O. BOX 1424 f`'V GREELEY, COLORADO 80631 Z' JI I W TELEPHONE 303-352-9467 R�CCIt�L Ik WILLIAM F. CORWIN �, N ' L./ v� RICHARD E. NEWTON March 16, 1976 .ssiurt ASSOCIATES TO DAVID J. MILLER WW1 Mr. Tom Bonn Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Re: Ed M. Muse and Flossie Muse Dear Tom: Here is the letter which I promised you in our conversation of March 9, 1976, regarding the transfers and transactions which have affected the property described as the NE 1/4 and the NW 1/4 of Sec. 18, T. 2 N. , R. 65 W. of the 6th P .M. , Weld County, Colorado. This letter is not to be construed as a title opinion or title examination of any kind. It is presented solely for the purpose of advising you with regard to the history of this property since it was acquired by Ed and Flossie Muse. I will not go into Deeds of Trust or leases which affected the property, but will concentrate solely on transfers of the title of the property itself. I hope that this shall prove to be of some assistance to you. 1. Warranty Deed recorded Book 1128 , page 603, from C. Sarchet and Bernice Sarchet to Ed M. and Flossie Muse in joint tenancy, covering the NE 1/4 of Sec. 18, T. 2 N. , R. 65 W. of the 6th P.M. , dated March 3, 1944. 2. Warranty Deed dated October 5, 1946, recorded at Book 1189, page 402 , Ed Muse and Flossie Muse to Charlie Pierce and Grace Pierce, covering ten acres of land from the NE corner of the NE 1/4 of Sec. 18, T. 2 N. , R 65 W. of the 6th P.M. 3. Warranty Deed dated November 25, 1947 , from Louis A. Birkley to Ed Muse and Flossie Muse, recorded at Book 1215, page 591, covering the NW 1/4 of Sec. 18, T. 2 N. , R- 65 W. of the 6th P.M. , reserving to the Grantor all oil, gas and mineral rights. Property passed in joint tenancy. Mr. Tom Honn -2- March 16, 1976 4. Real Estate Sales Contract dated March 5, 1969, recorded Book 632, Reception No. 1553989, between Ed and Flossie Muse and Richard L. Hein, covering the NW 1/4 and the NE 1/4 of Sec. 18 , T. 2 N. , R. 65 W. of the 6th P.M. , excepting therefrom the NE 1/4 of the NE 1/4 of the NE 1/4 of said Section. 5. Real Estate Sales Contract dated March 5 , 1969, recorded Book 633, Reception No. 1555117 , between Ed and Flossie Muse and Richard L. Hein, covering the NW 1/4 and the NE 1/4 of Sec. 18, T. 2 N. , R. 65 W. of the 6th P.M. , excepting therefrom the NE 1/4 of the NE 1/4 of the NE 1/4 of said Section 18. 6. Declaration of Full Amount Due, Cancellation of Purchaser' s Interest and Notice of Forfeiture dated September 24, 1970, signed by Ed M. Muse and Flossie Muse, directed to Richard L. Hein, recorded at Book 633, Reception No. 1555118 , covering the NW 1/4 and the NE 1/4 of Sec. 18 , T. 2 N. , R. 65 W. of the 6th P.M. , excepting therefrom the NE 1/4 of the NE 1/4 of the NE 1/4 of Sec. 18. 7. Mutual Release executed by Ed M. Muse and Flossie Muse and Richard L. Hein dated March 30 , 1971, recorded Book 645, Reception No. 1566749, releasing the parties from any further obligations imposed by the contract recorded Book 632 , Reception No. 1553989. 8. Quit Claim Deed from Richard L. Hein to Ed M. Muse and Flossie Muse dated April 19, 1971, recorded Book 645, Reception No. 15666750, covering the NW 1/4 and the NE 1/4 of Sec. 18, T. 2 N. , R. 65 W. of the 6th P.M. , excepting therefrom the NE 1/4 of the NE 1/4 of the NE 1/4 of said Section 18. 9. Real Estate Sales Contract between Ed M. Muse and Flossie Muse and Ronald A. Stitt and Gloria Stitt dated September 11, 1972, covering that certain parcel lying in the NW 1/4 of Sec. 18 , T. 2 N. , R. 65 W. of the 6th P.M. more particularly described as follows : Commencing at the NW corner of said Sec. 18; thence east 1320. 0 feet to the true place of beginning; thence along the north line of • Mr. Tom Honn -3- March 16, 1976 said section a distance of 748 . 0 feet; thence south parallel to the north/south section line, a distance of 582. 0 feet; thence west parallel to the north line of said section 748. 0 feet; thence north 582. 0 feet more or less to the place of beginning, consisting of ten acres more or less. 10. Addendum to Real Estate Sales Contract between Ed Muse and Flossie Muse and Ronald A. Stitt and Gloria Stitt dated December 20, 1972, modifying the Agreement dated September 11, 1972, between the same parties. Addendum grants to Ronald A. Stitt and Gloria J. Stitt the right of first refusal with respect to the NW 1/4 of Sec. 18, T. 2 N. , R. 65 W. of the 6th P.M. , except that portion of the NW 1/4 which is subject to the Real Estate Sales Contract dated September 11, 1972. These are all of the transfers which I can discover regard- ing the title to the property since the Muse' s acquired it in the 1940' s. If you have any questions, please feel free to contact me. Sincerely, �/ f � � Richard E. Newton REN:ms i,. CO•L' ORAuo? W I:LP COUNTY PLANNIN • COMMISSION Gr1C.LLY,C' 1516 Hospital Road March 15, 1976 • • County Engineer TO WHOM IT MAY CONCERN: Enclosed is an application from Flossie Muse for a Recorded Exemption Commissioners This item will be heard before the Weld County iAXXXXX4XXXX X XXXXA on April 5, 1976 . If you hay any comments or suggestions , • may we please hear fri•m you before March 29, 1976 . The location of the parcel of land for which this application has been submitted is Pt. Nz Sec. 18 T2N R65W If no comments are rceeived by March 29, 1976 it will be assumed you have no n:,; :t.ions and wish to make no comments with refer- • ence to either the ( r .n i .g or denial of this application. • Thank you. r Thomas E. Honnc(jsmj) Enclosures: application plat mtmoRAnDun To Planning Commission Date March 18, 1976 COLORADO From Engineering Department Recorded Exemption - Flossie Muse Subject: There are no apparent engineering problems if this request is granted. —Gilman E. Olson mfm i COLORADO' March 15, 1976 \^, I I COUNTY PLANNIn . COMMISSION G'r�tat_tv.Col_o: Kent Ververs 1516 Hospital Road • Soil Conservation Service • 2017 West 9th Street • Greeley, Colorado 80631 • TO WHOM IT MAY CONCL R;;: Enclosed is an applicJ on from Flossie Muse for a Recorded Exemption Commissioners This item will be 'maid before the Weld County KXXXXXX4XXXXkXXXX,KX on April 5, 1976 If you hav- any comments or suggestions , , may we please hear from you before March 29, 1976 . The location of the parcel of land for which this application has been submitted is Pt. N'z Sec. 18 T2N R65W If no comments are received by March 29, 1976 ;t will be assumed you have no o[ : Hens and wish to make no comments with refer- • ence to either tho I',g or denial of this application. • Thank you. Thomas E. Honn (jsm)/ Enclosures : application plat UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 2017 West 9th Street, Greeley, Colorado 80631 SUBJECT: Soils Evaluation, Case No. RE 201:76:5 DATE: March 19, 1976 To: Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 This is in reply to your request for soils information on part of the N Sec. 18 T2N R65W of the 6th P.M. , all in Weld County, Colorado. Areas marked 55-C, 51-C and 21B-B on the accompanying map are suitable without any restrictions for septic tanks, leach field lines and building sites. The 56-B and 66B-CD soils perc slowly and have moderate to severe shrink-swell potential for foundations. In addition, 66B-CD has low strength for supporting buildings. X74-AB poses no problems for septic tanks or building sites with the exception of the danger of cave-ins of excavations. The soil survey is made on the basis of 50 to 60 inch borings . This information should be used for general planning and does not exclude the need for on-site investigation for spedific engineering purposes. , W. Kent Ververs District Conservationist R7175n , :D ,i v i Pt. N 2 Sec. 18 T2N R65W N SCALE; 4,to Mile berg ss-e s x7RS ' 668-co ssre. 5 5/-c $6-8 56-8 55-8 2/13.6 si�c ‘c-k!' t,- ,` RE'CEIVED /� r / / BOARD OF HEALTH 1/Veld e a County Health repartment CATHERINE BENSON. AULT FRANKLIN D. YODER. MD. MPH 1516 HOSF!I AL ROAD RALPH AAB. GREELEY DIRECTOR GREELEY. COLORADO 80631 WILLIAM BUCK. ROGGEN CLARENCE SITEMAN. GREELEY 1303) 353-0540 DAVID wERKING. DOS. GREELEY January 27, 1976 Richard E. Newton David J. Miller & Walker Miller Attorneys at Law 804 7th St. Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Soil Test for the following Recorded Exemption has been approved by the Weld County Health Department: Owner: Mrs. Flossie Muse Address: Star Route, Box V11 Hudson, CO 80642 Location: NW4, Section 18, Township 2 North, Range 65 West Lot 'B B Glen E. Paul , Director Environmental Health Services GEP/hv RECEIVED JAN 2 9 1976 IS 1 �� f y f" ; • , _ I p1- 014' I 3 ,yN `\ ( 'ail I I i , oll 01 70 ,/ -2, '1, 1 � I t 4 o 7i o Pic 155 ,E °°v 35,, �� / raw' elv5l ilkOAP Airr l r c !I l 1 3 E � > O + L O 0 O L C L \I V, -=2': 0 0 c4 O C .C E = = O L 1 ♦' C C F-1 G U) v d O d > S L 44 ICI Q ~ C u,he O C M - In N O VI a _ ' N O 0 r �� c C L t V C J i• O V Q U�Q1 Q C O r0 _i i O ro �`yp$-•�W¢ O 0 Q1 N O O CJ F- C +' to 5- It 0 4' O d' In C I-I V 0 cc N E = J i Scn O 4 N C €4 �j. L , • O /. _ O /V��] ,.YVrw/fww,/ N ow. 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Z �� 5.- 0- C i > O .n fil o 1 v W ,--- a) r E iCD V ,c}- a _ i Z 3 i. r u, , y Cn a. ..� a) `Lro in '1 +) C i6 / al i O Cr i E a) in3 v E -o J Q O �� Q a) 0. U I r tn ICI hI i. v a E z N -Y > O i' V O N O i C i N N 2 v a) n C = E - Z r r O S-• Q r :41 C Co e( ' . Q .. l o .a H C s_ca w p i a) C N O N Aso, C N O n) C. C i c L U -c S. J +-' O L G i >> t6 -, .C M— N to i 5- O +) O E a i-r as C 0 O F- O /� +) N s_ 1 Cl CC in 'Cr C C.�C. U cis C • 4-) C C C) E O 149 i ▪ 4 3 N b s O J a 3 ,^ C U in S.- o oo tv 1 CC 3 C o 3 s- i /•• V rC s_ 0 N N i ' C .O U q a) o E ..r C a-+ Z C �� O U ' WN 2 S▪.. In x a 0 i i N V N �0 N O \- C O V ` Q C re Nor , b E �' 2 2 Z ' i CT- O C 4 ,_ t n I o • I U i -o Ill 0 2 � � CU i Z N N �� U N CD I i ✓ Cl) C to c 1 N I i� C O d _ d N O1 N -o l N -.a • L E a) v, ru "V 4) O J C O C O- O • DAVID J. MILLER AND WALKER MILLER ATTORNEYS AND COUNSELORS AT LAW 804 7TH STREET - P. O. BOX 1424 GREELEY, COLORADO 80631 TELEPHONE 303-352-9467 WILLIAM F. CORWIN RICHARD February 3, 1976 E. NEWTON ASSOCIATES TO DAVID J. MILLER Mr. Tom Honn Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Re: Ed M. Muse Dear Tom: Please find enclosed the Application for Recorded Exemption, the survey completed by Ed Berlier of Land Surveyors, the Certificate of Conveyance from Stewart Title Insurance Company, a copy of the Agreement for Easement which applies to the subject parcels of land and is executed by the interested parties which assures that an adequate supply of domestic water shall be available for each lot, and a letter from Mr. Glen Paul of the Weld County Environmental Health Services which is evidence that adequate means for disposal of sanitary sewage exists or can be made available for each lot. If you have any questions, please feel free to contact me at 352-9480. Sincerely, ichard E. Newton REN:ms Enclosures: Application Survey Certificate of Conveyance Copy of Agreement for Easement Letter 14 ELD „) UNTy COLOT"r.ADO WELD COUNTY PLAF;I UNG COMMISSION C=174.-.Tf4`WTUM C t.'=.n.IIr..:1tla, j Gf2ELE'✓, COLO. 1516 Hospital Road March 15, 1976 Flossie Muse Star Route Box VII Hudson, CO 80642 RE: Request for a Recorded Exemption on a parcel of land located in part of the N' of Section 18, T2N, R65W. Dear Mrs. Muse: Your application and related materials for the above described request are complete and in order with one exception. Our office needs a letter explaining the reasons for requesting a split of your property, and an explanation of the proposed use of both lots. The purpose of this letter is so that the Planning Commission staff and the Board of County Commissioners can more clearly understand the particulars of this request. Tentatively we will schedule your request before the Board of County Commissioners on April 5, 1976. If we are able to, and it is acceptable to you, we will schedule your request at an earlier date. Respectfully, /21 r /1 Ken McWilliams Assistant Zoning Administrator KM/pr cc Richard Newton Robert Wardell RECORDING DATA - MAPS & PLAIS NAME OF SUBDIVISION Rec. Exemption #1307-2-18 RE201 NAME OF SUBDIVIDER Flossie Muse LOCATION OF SUBDIVISION NW4NE4 S18 T2N R65W 6PM, Weld County. Colorado _ DATE OF RECORDING APR 13 1976 BOOK 764 RECEPTION # 1.685866 S. LEE SHEHEE, JR. WELD COUNTY CLERK AND RECORDER BY: 746/444z; DEPUTY COUNTY CLERK & RECORDER 1//7 Hello