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Home My WebLink About20133215RESOLUTION RE: APPROVE VACATION OF RECORDED EXEMPTION, RE -4239 - THOMAS AND CAROLAN DUNN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on December 20, 2005, Planning Services staff administratively approved the application of Thomas and Carolan Dunn, for Recorded Exemption, RE -4239, for the creation of two parcels equaling 4.37 acres and 4.64 acres, more or less, and WHEREAS, said property is located in part of the SE1/4 of Section 32, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lots A and B of Recorded Exemption, RE -4239, and WHEREAS, the Board has received a letter, dated October 17, 2013, from the current property owners, Thomas and Carolan Dunn, 7923 CR 14, Fort Lupton, Colorado 80621, to vacate said Recorded Exemption, RE -4239, which was recorded on January 3, 2006, Reception #3352005, in the records of the Weld County Clerk and Recorder, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Recorded Exemption, RE -4239, be, and hereby is, vacated. 3982330 Pages: 1 of 2 12/06/2013 10:07 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County.. CO IIIItMl rf2Riil�,«4+�h1'i��l�'II+�+,titJfrihG�Fh�:Y4rh11III cc'. et- la-I�i- I� 2013-3215 RE4239 VACATE RE -4239 - THOMAS AND CAROLAN DUNN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD ,CO J1N C. COLORADO Weld County Clerk to the Board BY: Deputy s'rrk to the Board APPROVED AS TO FORM: I A=5 CountyAtt.rney Date of signature: NOV 2 7 2013 3982330 Pages: 2 of 2 12/06/2013 10:07 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ��M��j91l tilr#itiN�,�i4�Ihi1E4!«iN44Y�?t�4 Y4r�11111 Willi 'afn F. Garcia, Chair t/y\c? (lc) Douglas adema er, Pro -Tern 6O log n P. Conway Freeman arbara Kirkmeyer 2013-3215 RE4239 MEMORANDUM TO: Board of County Commissioners DATE: November 12, 201310 FROM: Kim Ogle, Planning Services SUBJECT: Request to vacate Recorded Exemption No. RE -4239 located in the part of the SE4 of Section 32, Township 2 North, Range 67 West of the 6th P.M., Weld County Colorado On January 3, 2006 Recorded Exemption No. 1311-32-4 RE -4239 was recorded via Reception number 3352005 creating two parcels of land, (Lot A) being 4.37 acres and (Lot B) being 4.64 acres, more or less. Thomas E and Carolan Kay Dunn, being current property owners of land described as Lot A and Lot B of Recorded Exemption number RE -4239 are requesting that this Recorded Exemption be vacated such that the Dunn's are able to secure a new loan, and is a requirement of their lending institution. The planning staff requests that the Board of County Commissioners accept this request and vacate RE -4239. 2013-3215 Kim Ogle From: Sent: To: Subject: October 17, 2013 Tom Dunn Etomsrestoration@skybeam.com] Thursday, October 17, 2013 8:21 PM Kim Ogle pending vacation of RE -4239 TO: Kim Ogle Department of Planning Services Planning Division Greeley, CO 80631 FROM: Thomas E. and Carolan Kay Dunn 7923 Weld County Road Fourteen Ft. Lupton, CO 80621 RE: Vacation of Recorded Exemption -4239 This letter is to represent the wishes of Thomas E. and Carolan Kay Dunn in our consenting to the vacation of Recorded Exemption -4239. It is also a request to schedule a meeting with the Board of County Commissioners at which we will present a Resolution to vacate the above Recorded Exemption. We plan to refinance the notes we have on the property and the lending institution has said they cannot use two pieces of property as collateral for the note and that in order to secure a new loan it is to our advantage to vacate the Recorded Exemption and return the property to a single piece. I have done two quit claim deeds, one making the original single piece of property into two lots. I have then done another quit claim deed making the two lots into a single piece of property. I have recorded each of these transactions with the Weld County Clerk and Recorder. I also have two maps, one representing the original single piece of property and the second representing the property divided into two lots. The original Land Survey Plat is signed by the surveyor with his signature and his stamp. The second map is also signed and with the seal of the surveyor. The original map will serve to represent the configuration of the property when the Recorded Exemption is vacated. I trust 1 have done this procedure in the appropriate order and proper fashion. If you see anything I have done that is improper or needs to be corrected prior to my meeting with the Board, please advise me. I will be leaving the house Friday morning for work in Denver but I won't leave until 6:30. If I haven't heard from you by that time I will phone you sometime during the morning. Again, I am requesting a meeting with the Board of County Commissioners at their earliest convenience. Thanking you again for all the help and direction you have given me in this matter. Also, the folks at the Clerk and Recorders office could 1 October 2, 2013 DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 970-353-6100 EXT 3549 FAX 970-304-6498 koole(a!weldgov.com Mr. and Mrs. Thomas E. Dunn 7923 County Road 14 Fort Lupton, Colorado 80621 Subject: Process to vacate a Recorded Exemption Dear Tom, I am in receipt of your documentation delineating the original land configuration, the Recorded Exemption Plat and the Legal description associated with the Recorded Exemption plat. In discussion with Planning staff on Monday, September 30, 2013, we determined that the process to vacate a Recorded Exemption takes three (3) steps, with all documents presented at the Board of County Commissioners hearing as a means to expedite the application request. Step No. 1: Schedule a Board of County Commissioners hearing for the vacation of the Recorded Exemption No. 1311-32-4 RE -4239. A letter provided by you as property owner consenting to the vacation and stating the reason for the vacation is required prior to scheduling the hearing and should be submitted to my attention in the Department of Planning Services. Step No. 2 The property owner will prepare a new map delineating the property without the previous land division, (Original Configuration prior to Recorded Exemption). The map will need a Legal description for the parcel and follow the Certificates as attached for the Plat. The Land Survey plat will be recorded with the Clerk and Recorders office. The fee is eleven ($11.00) dollars for the first sheet and ten ($10.00) dollars for each additional sheet. Step No. 3 The property owner will prepare a Deed for Lots A and Lot B of RE -4239. A second Deed describing the metes and bounds of the property as originally configured, thereby establishing the Legal property description for the parcel. The Deed will be recorded with the Clerk and Recorders office. The fee is eleven ($11.00) dollars for the first page and five ($5.00) dollars for each additional page. The surveyor for the Recorded Exemption plat, Ken Alles with Alles and Associates, Inc. in LaSalle, Colorado is no longer in business, and his records have been sold to Drexel BarrelI in Boulder Colorado. My contact for this office is Cameron Knapp, cknapptidrexelbarrell.com, by telephone, 303.442.4338 with his office located at 1800 38th Street, Boulder, CO 80301. Please arrange to submit all documents to this office for scheduling of the request before the Board of County Commissioners. The case will be heard at the 9:00AM Business Meeting on a Monday or Wednesday of any given month. If after review of the steps required to vacate a Recorded Exemption as outlined here, you may have several questions. If this is the case, I would be happy to answer any questions you may have, so please don't hesitate to give me a call. My direct line at the office is 970.353.6100 x 3549. Sincerely, Knj gle Planning Services File: Pending RE -4239 Vacation Process to vacate a Recorded Exemption Question: Can an owner vacate a Recorded Exemption? Answer: Yes. Source: Email from Brad Muller Date: November 5, 2009 Email response or Conclusion: The process to vacate a Recorded Exemption takes three (3) steps. Step #1: Go before Board of County Commissions with a Resolution to vacate the Recorded Exemption. A letter will need to accompany the request from the owner consenting to the vacation and stating reason for vacation. Step #2: Owner will need to prepare a new map. Map will show the property put back together as one lot. Map will need a legal description. Map will need to be tecorded with Clerk and Recorder. Step #3: The owner will need to prepare a deed (quit claim deed) with metes and bounds legal description and the map attached as exhibit. Deed will need to be recorded with Clerk and Recorder. 20 Kim Ogle From: Sent: To: Subject: September 27, 2013 Tom Dunn [tomsrestoration@skybeam.com] Friday, September 27, 2013 5:22 AM Kim Ogle further information about our request to vacate a Recorded Exemption TO: Kim Ogle, Planner Weld County Board of County Commissions FROM: Thomas E. and Carolan Dunn 7923 WCR 14 Ft. Lupton, CO 80621 RE: Process to vacate a Recorded Exemption No. 1311 -32 -4 -RE -4239 After thinking about my initial email to you I thought of two other things that I should say. First, the structure we built is a gambrel roof barn. It fits nicely onto our ten acres and complements our house and garage. It is no way looks awkward nor out of place. In fact, an observer would and has in the intervening years assumed the barn belongs to our property. While we made an initial feeble attempt at a driveway off of CR 17, it has never been used and in farming the property in wheat, that initial driveway has long since disappeared. We have used the barn to store our tractor and various implements over the years and will continue to do so. Second, after thinking about the quit claim deed, it may still be necessary for us to file such an instrument, even though we never filed for a deed for the second Lot B. I am willing to do whatever you direct me to do. And although it's been several years since we did the RE, I may have provided the Clerk and Recorder with a map that needs to be redone. Thanks again for your help and direction. Thanks, Thomas E. and Carolan Dunn Kim Ogle From: Sent: To: Subject: September 26, 2013 Tom Dunn [tomsrestoration@skybeam.com] Thursday, September 26, 2013 7:53 PM Kim Ogle request to vacate a recorded exemption TO: Kim Ogle,Planner Weld Board of County Commissions FROM: Thomas and Carolan Dunn 7923 Weld County Road Fourteen Ft. Lupton, CO 80621 RE: Request to vacate a recorded exemption This is a letter initiating the process to vacate Recorded Exemption No. 1311 -32 -4 -RE -4239. This Recorded Exemption was finalized and signed on December 20, 2005. The initial request was an expression of an intention to divide our 10.25 acres into two lots. We had some grandiose plans that never materialized. We built a structure on the divided piece (identified as Lot B in the RE). That structure has essentially been vacant since it was completed, having been used occasionally for storage. We are now in the process of refinancing our property and the lending agency has urged us to vacate the RE for the sake of the total value in the upcoming appraisal. In addition to having grandiose plans, we were also naive. We did not understand it was our responsibility to go through some proceedings to create a title for Lot B. When we initiated the refinancing process we realized that we never titled Lot B. Therefore we assume we will not need to prepare a quit claim deed. We also assume that the existing map is the actual map, already recorded with Clerk and Recorder, since that map has never been altered. I will provide you with a map of the property as it existed initially, then with the changes to property lines after the RE was completed. The original map will represent the property as it will be after the Recorded Exemption has been vacated. All these maps will be from photocopies of the original map, along with all legal descriptions and measurements. That should all be in your hands by Monday, September 30, 2013. Let this letter represent our Resolution and Request to vacate Recorded Exemption No. 1311 -32 -4 -RE -4239, and our consent to do same. Thanks for your assistance in this matter. Please advise us as to what we need to do next. Thomas E. and Carolan Dunn 1SW WV 9:5Z:OT £TOZ/8T/6 :Paauud Jau6emsal.Jesp :Jtg paieaij i to i abed £ZT80^'OITlSOOZS££nnino1£ZTBOITin :coq aig J3J MalA)lolna :J J 2 : a i*S1 , ii t. 111:11i1 ;I.El !1 cJ yt 111]!1 ii iiiit!,t i� lel it= lI ii I P t.! '_I Sj� lil ill ii 1i Ill5ii•u i±` "{ it. .it { 111;:i1:11 I, ;r ;i Itlt in if #i 11011,-1 0-! 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S �Ir i �Ix tn5' :t . 21; 6 7 t1 ryey .t ;!F a 1 1 :I r— >t- J •1 6C:•.,. .`i. -..`0 u+>'.•• .M.. ...'i0 04 fr a. > z 5 \c o ©\ - O Sau O CI- ,-, c o - co a \/ \ ±c/\ of / \ 2- »/ oo(Om B Z ,. ,_ S - �...00 K ! \ -4-4; z .5 • !r .,� tf 41 4 .O.0C.10 ® �. % ||I !Pita! �ri iii Iiai 111111 uiWill U« LW 16 0l 1e R 91.00 D CAC Steve Morena Clerk & Retarder Exhibit A All that part of the SE V. of Section 32, Township 2 North, Range 67 West of the 6i° P.M., lying South and East of the Stanley Lateral Ditch, Weld County, Colorado; except a strip of land previously conveyed to the Farmers Reservoir and Irrigation Company by Deed recorded June 19, 1912 in Book 323 at Page 505, being 65 feet Wide and extending 35 feet to the right and 30 feet to the left of the following described centerline, passing through the point of traverse hereinafter described and varying from the lines connecting them by nor more than 8 feet, said traverse line being described as follows: Beginning at a point on the South line of said Section 32, 743 feet West of the SE Corner of said Section, said Point being designated as Station 49+97J; thence North 02° 42' East, 249.6 feet to Station 52+50; thence North 42° 02' East, 150 feet to Station 54; thence North 51° 27' East, 149.3 feet to Station 55+50; thence North 53° 57' East, 149.2 feet to Station 57; thence North 45° 02' East, 150 feet to Station 58+50; thence North 40° East 441.3 feet to Station 62+96, a point on the East line of Section 32, 990 feet North of the SE Corner of said Section 32, County of Weld, State of Colorado V 3970738 Pages: 5 of 6 10/15/2013 08:42 AM R Fee:$35.00 D Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO SIII Ml�11GM lt�'H l.i�id'f Y� Ri :'!Lt ;1 � Itisitil,idki II III Order: QulckVlew_Gtr Gte Doc: 2.011! 081231CN ICN.32645441110N05123 Net Page 16 of 16 Created By: chadeswagner Printed: 9/18/2013 10:11:02 AM MST 20000237529 111111111111 n 11111111111111111111111 I I 111111111111 2012242 12/092000 92:01P AI SW Teuiamow 2 al 2 R 10.00 D 0,00 Weld Comity CO Legal Description Addendum Customer Name: DUNN Application k 73934 -AG ALL THAT PART OF THE SE 1/4 OF SECTION 32, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6Th P.M., LYING SOUTH AND EAST OF THE STANLEY LATERAL DITCH, WELD COUNTY, COLORADO; EXCEPT A STRIP OF LAND PREVIOUSLY CONVEYED TO THE FARMERS RESERVOIR AND (IRRIGATION COMPANY BY DEED RECORDED JUNE 19, 1912 IN BOOK 323 AT PAGE 505, BEING 65 FEET WIDE AND EXTENDING 35 FEET TO THE RIGHT AND 30 FEET TO THE LEFT OF THE FOLLOWING DESCRIBED CENTERLINE, PASSING THROUGH THE POINTS OF TRAVERSE HEREINAFTER DESCRIBED AND VARYING FROM THE LINES CONNECTING THEM BY NOT MORE THAN 8 FEET, SAID TRAVERSE LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 32, 743 FEET WEST OF THE SE CORNER OF SAID SECTION, SAID POINT BEING DESIGNATED AS STATION 49+97.1; THENCE NORTH 02° 42' FAST, 249.6 FEET TO STATION 52+50; THENCE NORTH 42° 02' EAST, 150 FEET TO STATION 54; THENCE NORTH 51° 27' EAST, 149.3 FEET TO STATION 55+50; THENCE NORTH 53° 57' EAST, 149.2 FEET TO STATION 57; THENCE NORTH 45° 02' EAST, 150 FEET TO STATION 58+50; THENCE NORTH 40° EAST 441.3 FEET TO STATION 62+96, A POINT ON THE EAST LINE OF SECTION 32, 990 FEET NORTH OF THE SE CORNER OF SAID SECTION 32. 3970738 Pages: 4 of 6 10/15/2013 08:42 RR R Fee :$36.00 D Fee :$0.00 Steve Moreno, Clerk and Recorder, Weld County,CO iii Order; QuickView Gtr Gte Doc: 2,0111081231CN ICN.28122421110-08123 Page 2 of 2 Created By: charleswagner Printed: 9/16/2013 10:07:57 AM MST IIII J 11111 I I Ii I I li! IIl Ii IC ill HIE II IIII 0A TOES C'MIROOT 01 So 8.11 aurN. CC 1 cl I q ILIT 0 004 SNuv Moreno Clerk a Rerorter RECORDED EXEMPTION NO. 1311 -32 -4 -RE -4238 PART SE 1/4 SECTION 32, T. 2 N., R. 67 W. 6th P M., WELD COUNTY, COLORADO C 1/4 CCR SEC 32 MO 2 I/2" 41.JM CAP. PIS 24355 1998 '4Ot E 1/4 CUR SEC 32 END 2 1/2' ALUM CAP. PL5 25937 Iy95 6 SCNE' I' - AV. 2 rx9�+ q._ \_ -'T. fA. 0 1/4 CO12 -SEC 32 END 2 1/2 ALUM CAP, PIS 24306 1938 1EOFNO 201 E�">cI FOUND SECTION CAoNFR L 3 FOUND 1/16 OR 1/4 CORNER • SET /5 11 30 ROAR w/ 1' '(1LLOW PLASTIC CAP N89'46'34"# 2838 45" Wen (ROAD AN0 14 14 LAI51) 00 IM 21 3 V 40' ROW FOR THE 51ANLEY LATERAL DITCH PER PLO 10855 SURVEY PLAT RECEPTION NO 02170274 DATED 02/01/89 CEN'ERLINE STANLEY (*TERN. DITCH +'00.4 �y7 I i •:r491e j,r 'J0 55' U e1 Se 1 N I N, STATE NAT 52 AIR 11 e e e 4 LOCAZION MAN ALL1 - 2000' ACTT 00 Al I0 (142.498 140460 01[11 „LOT R IOT A 111 III II ittA 60' ROW -' k. -- (.3c' 30' ROW -.- RECORDED DOCK 1444 111 `s PACE 253 1 03/05/1950 NS 108.108 2fi' N4555'y 14801T 11294642 14643 l / LOT 0 2.124 AC l 648 NET AC 2416 T! GA. LESS 10117 _ ACCESS SED ROM I N J k '< r N Q8mm N " POSIT 0I 41004111210 I LOT O 500'36'41 "W N00'34'4I'E 21B 79' $ PLO ACCESS 5/ 4 of COR SEC 32 1001► Or --' ENO 2 1/2' ALUM U011•110 CAP PL5 2.4305 LOT A 2000 3AK N0 ALLIIS AND A3120O117'1% SSC. 428 N 200 ST. LA SALLE. CO 80845 TELE. (970) 284-9567 FAS (670) 284-9564 Drown by: AAA__ cheded• KRA Dole: !i App(oveo Hello