HomeMy WebLinkAbout790865.tiff Recorded at _.._._.._._.1" o'clock .. ..M...-.�ll.�...�-3 1979
O s O 876 179762;)
Rec. No.
a-► 0 CV'
State of Colorado, Weld County Clerk & Recorder
} RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 97 - BENNY AND ELEANOR
CHAVEZ.
WHEREAS, the Board of County Commissioners of Weld County,
c•Q Colorado, pursuant to Colorado statute and the Weld County Home
z_ Rule Charter, is vested with the authority of administering the
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r-
`'{ affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
o Colorado has reviewed the request of Benny and Eleanor Chavez
H
for an exemption from the definitions of "subdivision" and "sub-
divided land" in Section 30-28-101 (10) , CRS 1973, as amended,
'h
Mand Section 2-1 of the Weld County Subdivision Regulations, and
24
WHEREAS, the Board of County Commissioners finds that Benny
and Eleanor Chavez are the owners of certain parcels of land
located in Part of the Northwest Quarter of Section 24 , Town-
ship 1 North, Range 68 West of the 6th P.M. , Weld County, Colo-
rado, being more particulary described as follows:
Parcel 1
West 250' of the North 650 ' of the North-
west Quarter of Section 24, Township 1
North, Range 68 West of the 6th P.M. , Weld
County, Colorado.
Parcel 2
West 250' of the South 225' of the North
875 ' of the Northwest Quarter, Section
24, Township 1 North, Range 68 West of
the 6th P.M. , Weld County, Colorado.
Prior to the adoption of the current Subdivision Regulations,
Parcel 1 was created which is considered to be a legal lot.
Subsequent to the adoption of the current Subdivision Regulations,
Parcel 2 was created making the parcel an illegal lot. The two
parcels were conveyed to the Chavez ' as one parcel, inadvertently
circumventing the subdivision exemption process. This request
will formalize what has already occurred combining the two par-
cels together into one legal parcel. No new parcels are being
created, and
WHEREAS, the legal description of the resulting parcel of
land is as follows:
790865
•
g 896°°K 179">a
The West 250' of the North 875 ' of the
Northwest Quarter of Section 24 , Town-
ship 1 North, Range 68 West of the 6th
P.M. , Weld County, Colorado.
The above described parcel shall be considered as a single lot.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed par-
cel be, and hereby is, declared to be exempt from the definitions
of "subdivision" and "subdivided land" as set forth in Section
30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld
County Subdivision Regulations, and
BE IT FURTHER RESOLVED by the Board that the resulting par-
cel of land as described above be, and hereby is, considered to
be a single lot.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
June, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ATTEST: (�:,t Ji-u . .0,2 ELD COUNTY, COLORADO
W4 Cbuntyy 1erk and Recorder P �-y .,� �{.`2 -
a . 4S: k to the Board /
Mts4 . Heputy Count C erk 7-,-/ ', ,1z%[ v
3t1-cAPPRO D AS TO FORM: L�'LEfI / �y(�JJ/(/LCr,)
County Attorney
DATE PRESENTED: JULY 2 , 1979
TO: Board of County Commissioners Date June 27, 1970
Subdivision Exemption # 97
•
Applicant: Benny and Eleanor Chavez
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972, which defines the term subdivi-
sion:
West 250' of the North 650' of the NW* Section 24, T1N, R68W
AND
West 250' of the South 225' of the North 875' of the NW* Section 24,
T1N, R68W
•
The Planning Department has reviewed this request and recommends
that the request be approved for the following reasons:
DOES DOES NOT
X Require water
X Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission policy
X • Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS:
Prior to the adoption of the Current Subdivision Regulations, parcel 1
was created which is considered to be a legal lot . Subsequent to the
adopttion of the current subdivision regulations Parcel 2 was created
making the parcel an illegal lot . The 2 parcels were conveyed to the
Chavezes as one parcel inadvertently circumventing the Subdivision
Exemption process. The Subdivision Exemption will formalize what has
already occured combining the 2 parcels together into one legal parcel.
No new parcels are being created.
C#9\a• CUL+
Zoning Administrator
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext. 404
Department of Planning Services, 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. SE 9'1 APPL. FEE $25. 00
ZONING DISTRICT Agricultural RECEIPT NO. 10591
DATE June 21, 1979 APPL. CHECKED BY CAC
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures) :
I (we) , the undersigned hereby request that the following described pro-
perty be exempted from the definition of the terms "subdivision" or
"subdivided land" in accordance with Section 2-1 A. (3) of the Weld County
Subdivision Regulations.by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: Pt. NW* Section 24 T 1 N, R 68 W
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes X No
FEE OWNERS OF PROPERTY:
Name: Benny and Eleanor Chavez
Address: P•vliox lbb Dacono, (20 80514 Phone 833-2912
Name:
Address : Phone
Name:
Address : Phone
I hereby depose and state under the penalties of perjury that all state-
ments, 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) ear
Signature Owner or rized Agent
Subscribed and sworn to before me this S: day of 1\�`\ .
SEAL
Notary Publ
�c � \\C c
My Commission expires:
JAI.
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Reception No._1'88811 __ .7t!!a� w- Recorder.
7 • i�3a U JAN 15 Ire
! tV Recorded at __o'clock H.. --
tRCtltHtiFs R IM
THIS DEED. Made this 12th day of January
il 1%,79.between JAMES L. McNICKLE AND EVA M. MCNICRLE --
-'
i I!, SI0Is DoaSyM1 I
•
Dais JAN 1
2475 Winona Court, Denver
I of the County of Denver andstateof S.
I Colorado,of the first part,and BENNY CHAVEZ AND ELEANOR CHAVEZ
-- whose legal address is 101 Second, Dec ono °
of the County of Weld and Mate of Colorado,of the second part:
• _ W ITNESSETH,that the said part leg of the first pert,for and in consideration of the sum of EIGHIEEB I ^
THOUSAND AND NO/100--------- ---
DOLLARS. on
..
• '-i to the said parties of the first part in hand paid by the said parties of the second part,the receipt whereof Is hereby ..t
I..;, confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do
grant,bargain.sell,convey and confirm unto the said parties of the second part.their heirs and assigns forever,set in ,
tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and beag in I;
I the County of Weld and State of Colorado,to wit:
tea. ' Nf0
'I The West 250 feet of the North 875 feet of the t of Section 24, II iet
.--i i
I Township 1 North, Range 68 West of the 6th P.M. I I R
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IIel.o known as street and number
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I TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging,or in soywise
appertaining,the reversion end reversions,remainder and remainders,rents,issues and profits thereof;and all the
estate,right,title,interest.claim and demand whatsoever of the said parties of the first part,either in law or
equity,coffin and to the above bargained premises,with the hereditament.and appurtenances.
I TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
said parties of the second part,their heirs and assigns forever.And the said part iaa of the first part,for the
set Ares their heirs,dxetutors,and administrators do covenant,grant,berg.in and agree to and with the
'I said parties of the beyond part,their heirs and assigns,that at the time of the ensecling and delivery of thew
e
prpresentsthey/ayteen seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible
estate of inheritance,in law,in fee simple,and ha ve good right,full power and In ful authority to grant,bargain.
sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and
other grants,bargains,sales,liens,taxes,assessment and encumbrances of whate••er kind or nature soever.
Except taxes for 1979 due and payable in 1980, and e•<cept reservations,
restrictions and rights of way of record.
Iand the above bargained premises in the quiet and peaceable possession of the said parties of the second;.art,their
I heirs and assigns,against all and person or persons lawfully claiming or to claim the whole or any part thereof,
the said paries of the first part shall and will WARRANT AND FOREVER DEFEND. 'I
II
IN WITNESS WHEREOF the said parties of the first part ha ye hereunto setthelrhands and y
seal s the day and year first above written. apt
/��ttins ',.
Signed,Sealed and Del vered in the Presence of t: M slat __— aREALI
_— Ara . Ie"L.1� BtAL{ I
---- _.IRIAN it
STATIC or COLORADO •g., et Adana —- II
J� n{war acknowledged before me this lath day of sTtM@I
I:1 �ekle and Eva H. McNickle
�sye ii;fika 1141 .:::::?::::::::::d
Is .�W[�lt//s/ass mY nand and oMch a.
Wean hew
.,. se. —.....wnesn wsswvseaese _etmsnres PvbllMla tat INS Neatetw,Deana°alee.eilHdetll—its el •. .
°% AUG 24 1973
• 698 B'oo, Recorded etc-' L' o'cllock... ..Y., �,i
c.t Reception No.........162011?... ANN sroMtt ReroNw. O
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,
1
t . t.•
' HERMAN JOHNSTON and HENRY JOHNSTON a :, ,• ,'
.I I whose address la I ;,(i:7
county of Weld ,State of I .
• `
I Colorado for the consideration of
,, o I Three Thousand Two Hundred Twenty-five and No/100---
%,.,'� dollars, In hand paid,hereby sells) and convey(s) to Fg�� I
* F, JAMES R. SIMMERMAN f
ai. t _
e ..'
,.,' whose address is Comb of
n 'Jefferson , and State of Colorado the following real property in the .,• :,.
` County of Weld ,and State of Colorado,to wit: o �
The West 250.00 feet of the South 225.00 feet of the North 875.00 feet of the O
Northwest Quarter of Section 24, Township 1 North, Range 68 West of the 6th D.M.
with all its appurtenances, and warrants the title to the same, subject to reser,l s ;^
ca vations contained in patent recorded in Book 51 at Page 232, Weld County Record0 '.t4 ea
mineral reservations as reserved by irstruments recorded in Book 1148 at Page 33 ,
-m and in Book 1340 at Page 520, Weld County Records, together with any and all , a
assignments thereof or interest therein; all rights of way for county roads as
established by order of the Board of County Commissioners for Weld County, re-
corded in Book 86 at Page 273, Weld County Records; any tax, assessment, fees or
• charges, hereafter becoming due and payable, by reason of the inclusion of the
subject property in West Adams Soil Conservation District, and Northern Colorado ,
.SI Water Conservancy District; any and all liens, burdens, obligations, easements
and rights-of-way arising from or created by membership in, applications to, or I t _
contracts with Mountain View Water Users Association or Foothills Water Users I _
Association; and rights of way and easements of record; and oil and gas leases
y,- of record, if any, which affect the property and any and all assignments thereof
or interests therein. li
Stale Documen
tary Fee I.
Dale AUG 24 1973 1I
$ S4 924
wifha1Yrewestuaeeeq winces )- b.441.404he•emer kte — - j -
I!i
Signed this 22nd day of August ,1973 _.
eRermhn Joh••t6L-1
ilitegaT son
STATE OF COLORADO,County of Boulder 1
The foregoing instrument was aelmowledged before me this 22nd
day of August ,19 73 ,by Herman Johnston and henry Johnston. I _
`v� 1
\D
t1( .. . Ifs expire; czargt a6� ?-1,Ai
-.I. mow: •�'Y(Citwlpf,»+td and etecial seal.
4.r NWM.wt�i. Y�i..ria M1Yw r g sMr.tliM�(M e1F
. Rs MI. Weems e.d-51,ec re-M_111441.ei41M-euY,N},MM4 4.IMF..libel SINS Ommt gas-oft
I
•
•
R Sat tx 655 / e Acts-
` 9aaarale LL.....1Le'.Q��e�.�4ih 11._Y.. �uwnn a
sew._ �'` bawM. O .
HERMAN JOHNSTON and HENRY JOHNSTON
t whom adder is OCT
State Documentary Fee ob
a„, .
Rota P - 1199'11
D f 0' County of Weld ,State of $ ...._.•� .--_- _... ' 1
.37^ Colorado for the eamiderayoe of •
in THREE THOUSAND THREE 4UNORED FIFTY-SEVEN AND NO/100-
n dollars,is Aced Paid,hereby mil(s) and aaenq(s) to
IA
NI
JAMES R. SIMhERMAN •
Pot
"I' whose address fe
t- Comb d • •
o Jefferson ,and Star of Colorado the following 0
Dewing real property in the e
o
o
County of Weld • o
o to West 250.00 feet of the North 650.00 feet of the Northwest Quarter
of Colorado, o wit: 0
Quarter of o i
Sec-
tion 24, Township 1 North, Range 68 West of the 6th P.M. 1.
p with all its appurtenances, and warrants the title to the sane, subject to res- g+
cb ervations contained in patent recorded in Book 51 at Page 232, Weld County
records; mineral reservations as reserved by instruments recorded in Book 1148 i�
x at Page 33 and in Book 1340 at Page 520, Weld County records, together with any
and all assignments thereof or interest therein; all rights of way for county
roads as established by order of the Board of County Commissioners for Weld
County, recorded in Book 86 at Page 273, Weld County records; any tax, assess-
ment, fees or charges, hereafter becoming due and payable, by reason of the in-
clusion of the subject property in West Adams Soil Conservation District, and
Northern Colorado Water Conservancy District; any and all liens, burdens, obli-
gations, easements and rights of way arising from or created by membership in,
applications to, or contracts with Mountain View Water Users Association or Foot-
hills Water Users Association; ono rights of way and easements of record.
wtWalbetappalmemarr mdtelreentphtlrtltalt>tiMbslneeylamb stew 1
I
Signed this 4th day of October , 19 71 .
_._. .s`.?X1L.rx: t n
-
„ /Q H rma nsto
tat. aa`d H ry loFnston -'
STATE OF COLORADO, 1�ea i.
County of Boulder 1
Tic fol•going instrument was acknowledged before me this 4th
deg 0t llj4stober ,1,71 , by Heenan Johnston and Henry Johnston.
• ; mythnnd and official seal.
,t, . Pppi \G:. -a
C a lt��.i fig• �i w
f C, c-/ Mean rYlp_...
atatalea Ael eev alemist.-1f h natural ream rs�eaa •awn Sam Num at ulna::alaf� eras app la A1a�1�e1��a.�a��.
La i If ba affYer of u,9aratb IMIYrn name of aaaanfafflar r anieraras W rj t s aeaala wh
MMba tabs It
aelwan
0
Ifs eel. waetw Dor—a..l'e,f.aae.1141.11,Cis INS.—Maned Pulliam pa.lrµw Mat Is,..Naar,thief&-aril
- 1,
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1
ii
riBnn\I Chavez -
I 1 -
WCS± WO ' a-- &)dr1k �7 S ' 8 f /0 GU 4
a4 - I - 68
. I 15 -7q lijggil w0
rrncA) ickcc - -
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. 1 C� 39 Go. - 5 ( trhO,AC i a in - -
1 &, 73.CESq. - I -
-
ICPao1 (4 - 5aths3/410h
_ 15-76S-iLl- - . . ZThhA Eo,h _
�, __ - - -- - "Oat-DV'
- 1 Sy s aa9 - ►�hos� rho
1-1 215Li Mc 1c. Aieckle- $o Ci/1aiC7,_ 1 - (a -7
- Ui as o ' N 8-1 S '_ nl- t 4 -
75a
_ 1613Q6a Sihevrna rw'1te-\ p 1 „c /3( ckte. - 1A- t---is
VJaso' = S aaS ' - /J $7S' ALW`I-
((.o-34sq -Si: ''`\w‘crw,av, c Imc /`Jock ( ¢ -- Li -l `75
--- - W a5o. _ tJ6So' oc A..l L.A.) 4)1\ -
lcouti JoCNI.NS*-(3\ J(2 Sc kyvw.\ ¢ rw, av, . S- as `7-5
- Wa-5o' . . aa5' /U X375 ' - Nw
1574,5s s) o4, -4Or, 1-� S ; vn.\ei av\ _ _ IC - 1-1 -71
. - Faso ' AMSo' JU tid 4 .
Lli _zsi-
n -e s
I ras watt L.i U Died 1..ierarr day 131970,It .,el CI✓' /i N. ....._.. �� FigCaaote.
ti s..aa.,No. 1595239 Wdfl- DrIln j7ti✓. .r-¢..orrurr, nlorrft
1
Know all Alen lig then 'minim. That r, .. Margaret 8. Musgrove
now..known an Margaret B. .Johnson ..... . . ... .. .
city 6
of th/County of . Denver... and Maio of...__ Colorado.... .... ... ,for the consideration
0•
of other..good and valuable .consideration:and Ten ($10.00).. .........DOLLAR,,
rn
to in hand paid,hereby tell and quit-claim to_Henry..Jnhnsion and ,Herman Johnston
I .. . ....
N
no of the County of .. Weld __.,the following
..... and State of...____. Colorado ...
.n
real property,situ ate in the County of . .Weld and State of Colorado, to-wit: ,
0 Beginning at a point 1170 feet south of Northwest (NW) corner of
o Section 24, Townshin 1 North Range 68 West; thence North 290 feet;
thence Bast 300 feet; thence Bout). to right of way of the Boulder
Branch of the U.P.R.R.; thence Westerly along right of way 375 feet
2 to beginning, containing three acres more or less, excepting however
County road as it now exist..
e6 Also excepting and reserving to party of the first part, her heirs
or assigns, an undivided one half t}) interest in all coal, oil, gas
or any other minerals beneath the surface of above described land
with the right of ingress and egress for the removal of any minerals.
with all its appurtenances
Signed and delivered this . .. . .. 18th-.................day of .. .. June-....... .... .,A.D. 19.69.. '•
is T11E Pion, E
.. . .. .. . . . ... .......... /ritArf&.. ..Ho<2al R..✓. .Lief!�QtG1.�.J.. uaEim./
..................
Feral\ r.e '. STATUTORY alrIIfOwt� O 0117
A
.-r.trr.or•wwn.tuO.
it `• vJ.• ,t;1t,L tmm.,,d Denver _•
la
I. "•:i.- r - The foregoing imnment Ina sskn,.h.ked before Der Ihis
s Ip: ,�`��a loth ..tar el .. ..Jar e. .. ,le 69 ,
`.� • 40 I,y Margaret B Musgrove-now.kuorm-a Margaret.8. Johnsor
\cif ma,my Laml and offvi.l mil.. f or Cate My n.an.ie eman ttitiamplisskeapkesAmman
. Nau,.r., .tn• .let r w ale. .r ester w 4.a same en. Fr syypyay Wort—Tear.II•eirl.lvk ad a lAS.C.Paver.Cd.ea
I .
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C ≤ 1 DEC 51
., l �o'clxk-_�Y., .._._ .._ ,
, �l `)�, RseaMM at---t--# f
Racapuon Na. �:t1s�..a:e)!..__ NN ,.___.._.ILwder.
i P•Wri° r.. Pull LRtlf1
I GERALD FURNEY and CLARENCE FURNEY, rlMMlll C+'f..Nl .n
7 tilt 1'r:'• I 'y y r. . .c
9l .1 �M` �" + ti 1
l , whose address is Route 1, I pp'\ + ) a i1 a
,and State of ,t%i\ y' a +�„�,
Longmont, County of Boulder (•} � ))IeC...
r• r Colorado for the consideration of ONE HUNDRED n`.,t
DOLLARS, and other consideration, in 10...at..(Q L':„m1a".`iT
z JoYrwarw hand paid,hereby selb(sp and convey*to _
-- HERMAN JOHNSTON and HENRY JOHNSTON, I r
_j County of g .
m/ I whose address is Route 1, Erie
:1.
Weldthe knowing•real pram cry in tlw
u ,and State of Colorado, 6 I I
Gouty of Weld ,and slat••of t'ulolmin,iu.ua:
1y
o All that part of the northwest quarter (NW1) of O T �� section twenty-four (24), in township one Cl) north, �I
ti 0 � of range sixty-eight (68) west of the 6th P. M., lying
' - north of the right of way owned and operated by The
y Union Pacific Railroad Company, commonly known and
designated as the Boulder-Brighton Branch; subject, _
however, to exceptions and reservations contained in
the warranty deed to grantors recorded in book 1J40
at page 520 of Weld County, Colorado records;
.
with nll its appurtenoures, and warranty% the title to the same.sabjeet to existing rights of
way for roads and ditches.
I
Signed limit first day of December ,19 61 .
e .1
( tra.Lti n,,x.WL: e ...._._... ._
I
Ge ald Fume .
Clarence Furney. rri
... _..........._.. ... t
in
STATE OF COM PHA DI
.d-.
S.S.
County of Boulder, o
The foregoing instrument was acknowledge.'before me mr this rs
w
day of December ,19 61 ,by GERALD FURNEY and CLARENCE FURNEY. v
a
...,.,. A �
�a010mimion expires April 28th, 1962. i
11 A YAjigkra my band and official seal. -
,: •
, , '- ts�'1.:�
OR
a1.1 j, : ': 441/2,.&to LC- ;L.i.._/ soma I1/4011e '
b �•:�•-i ., gist ntateilery
kta pcu≥....morn."y-nniaett.person
en Inert same of here
..t mine
C ton attornePm.Iatt on acting, ta antsy orl'aerrlt
no.•If by olftnr of cvwnnun.men Insert name of.amts onher or off oat.na m, m•*mmt ur other of Oven ,f sunk con
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