HomeMy WebLinkAbout770718.tiff 808 •
Corrects resole -on dated May 18 , 1977
RESOLUTION
RE : SUBDIVISION EXEMPTION NO. 45 - EXEMPTION OF LAND TRANSFERRED
TO JAMES D. ECKHARDT AND SALLY ORR ECKHARDT FROM THE
DEFINITION OF "SUBDIVISION" AND "SUBDIVIDED LAND" .
WHEREAS , the Board of County Commissioners of Weld County,
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Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter , is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners of Weld County ,
CD Colorado, has reviewed the request of James D. and Sally Orr
Eckhardt for an exemption of land transferred to them fran the definition of "sub-
division" and " subdivided land" in Section 30-28-101 (10) ,
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CRS 1973 , as amended, and in Section 2-1 of the Weld County
t.
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Subdivision Regulations, and
WHEREAS , the Board finds that the contemplated transfer
does not conflict with the intent of the Weld County Compre-
hensive Plan and will not have an adverse impact on the existing
use of the land, and
WHEREAS , the Board has considered the recommendation of the
Department of Planning Services on this matter and has reviewed
information submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners , Weld County, Colorado, that the transfer of certain
lands located in the South Half of the Southeast Quarter of Section
Thirty-four, Township 5 North, Range 64 West of the 6th P .M. , and
that part of the Southwest Quarter of Section Thirty-five , Town-
ship 5 North, Range 64 West of the 6th P.M. , more particularly
described as follows:
Beginning at the South'ast;°corner of said Section 35 , in said town-
ship and range ; thence South 89 41. ' 20" Foal:, , 209 . 50 feet along the
South line of said Section 35 ; thence North 47 03 ' 50" Went 322 . 74 feet ;
thence North 28 38 ' 20" West 290 . 70 feet ; thence North 18 08 ' 20" Wes
159. 51 feet ; thence North 12 41 ' 40 " Ens 3'43 . 75 feet ; thence North 23
31 ' 40" Font 30 . 96 feet ; thence North 17 26 ' 10 " Fast 989 . 41 feet ;
thence North 57 40 ' 40" Enn8 64 . 53 feet ; thence North 00 10 ' 40 " East°
390 . 70 feet ; thence North 34 41 ' 20 " Wes 84 . 97 feet ; thence North 82.
40 ' 50" West 1.7x•38 feet ; thence South 72 36 ' 10" West 293 ./A9 feet ;
' thence North 89 26 ' 50" Went 819 . 67 feet toothe West (quarter Corner
(W`Cor. ) of said Section 35 ; thence South 00 00 ' 00" Fart along the West
line to the southwest corner of said Section 35 and the True Point of be-
ginning, containing; exactly 64. 13 acres , together with 10 . 95 shores of the
capital stock of The Farmers heservoir and Irrigation Company and two ( 2 )
shares of the capital stock of the Polley Lateral Ditch Company , and any
end all other ditch , water, irrigation and drainage rights appertaining
to the said lend . EXCEPTING, however, one half of all oil , gas and other
minerals heretofore reserved .
770718
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Except any liens and easements of record. Grantees assume
and agree to pay the indebtedness to the Federal Land Bank
of Wichita, Kansas , as evidenced by a mortgage recorded in
Book 1507, Page 224 of the Weld County Records.
be, and hereby is exempt from the definition of "subdivision" and
"subdivided land" found in Section 30-28-101 (10) , CRS 1973, as
amended, and Section 2-1 of the Weld County Subdivision Regula-
tions, and James D. Eckhardt and Sally Orr Eckhardt desire to
transfer 58. 050 acres of said above-described tract of land as a
equalizer or reservoir site with the condition that it is not to
be utilized as a residential building site, as more fully set
forth in Tract B described as follows :
LEGAL DESCRIPTION - LOT "B"
Part of the West Half (W1) of Section 35, Township 5 North, Range 64
West of the 6th Principal Meridian, Weld County, Colorado, being more
particularly described as follows:
Beginning at the Southwest Corner (SW Cor) of said Section 35, Town-
ship 5 North, Range 64 West of the 6th Principal Meridian and assuming
the West line of said Section 35 to bear South 00°00'00" East, with
all other bearings contained herein relative thereto;
Thence South 89°41'20" East, along the South line of said Section 35,
1209.50 feet;
Thence North 47°03'50" West, 322 .74 feet;
Thence North 28°38'20" West, 290.70 feet;
Thence North 18°08'20" West, 189.51 feet;
Thence North, 12°41'40" Fast, 343.75 feet;
Thence North 23°31'40" East, 303.96 feet;
Thence North 17°26'10" Fast, 989.41 feet;
Thence North 57°40'40" East, 64.53 feet;
Thence North 00°10'40" Fast, 390.70 feet;
Thence North 34°41'20" West, 84.97 feet;
Thence North 82°40'50" West, 177.38 feet;
Thence South 72°36'10" West, 293.49 feet;
Thence North 89°26'50" West, 473.51 feet;
Thence South 09°09'57" East, 582.77 feet;
Thence South 17°58'32" East, 592.68 feet;
Thence South 80°55'03" East, 71.29 feet to a point on the West line of
the Southwest Quarter (SWq) of said Section 35;
Thence South 00°00'00" East, along said West line, 1490.31 feet to the
Southwest Corner (SW Cor) of said Section 35, said point being the
True Point of Beginning.
Said described parcel of land contains 58.050 acres, more or less, in-
cluding a strip of ground 30 feet in width along the South and West
lines of said described parcel, reserved for County Road ROW purposes
and is subject to any rights-of-way or other easements as recorded by
instruments of record or as now existing on said described parcel of land.
and James D. Eckhardt and Sally Orr Eckhardt further desire to main-
tain the 6. 077 acre parcel which is a separate legal lot and
eligible for a building permit for a single family residence, as
more fully set forth in Tract A, described as follows :
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1730418
808 3- 3
LEGAL DESCRIPTION - LOT "A"
Part of the West Half (W) of Section 35, Township 5 North, Range 64
West of the 6th P.M. , Weld County, Colorado, being more particularly
described as follows:
Beginning at the West Quarter Corner (W; Cor) of said Section 35, and
considering the West line of the Southwest Quarter (SW;) of said
Sectim 35, as bearing South 00°00'00" East, with all other bearings
contained herein relative thereto;
Thence South 00°00'00" East, along said West line, 1154.00 feet;
Thence North 80°55'03" East, 71.29 feet;
Thence North 17°58'32" East, 592.68 feet;
Thence North 09°09'57" Fast, 582.77 feet;
Thence North 89°26'50" West, 346.16 feet to the West Quarter Corner
(Wq Cor) of said Section 35, said point being the Point of Beginning.
Said described parcel of land contains 6.077 acres, more or less,
including a strip of ground 30 feet in width along the West line
of said described parcel reserved for County Road ROW purposes and
is subject to any rights-of-way or other easements as recorded by
instruments of record or as now existing on said described parcel
of land.
The above and foregoing Resolution was , on motion duly
made and seconded, adopted by the following vote on the 1st day
of June, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the 1st day of June, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO - O
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ATTEST: / ' Icy- ;AA
Weld County Clerk and Recorder
and Clerk to the Bo.
By.
Deputy County C er
ROV AS TO FORM..
_7 a
County Attorney
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