HomeMy WebLinkAbout770715.tiff dpf.3f19 o
Recorded at--,L `' 'clock -a---A E P'1977
Rec. No. . 173l01 i
s _.. Mary Mn Feuerstein, Recorder
RESOLUTION
A
; RE : SUBDIVISION EXEMPTION NO. 48 - OREN A. BANEK - EXEMPTION OF
LAND FROM THE DEFINITION OF "SUBDIVISION" AND "SUBDIVIDED
LAND" .
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, the Board of County Commissioners of Weld County,
Colorado, has reviewed the request of Oren A. Banek for an
exemption of land from the definition of "subdivision" and
"subdivided land" in Section 30-28-101 (10) , CRS 1973 , as amended,
and Section 2-1 of the Weld County Subdivision Regulations, and
WHEREAS , the Board of County Commissioners finds that
Oren A. Banek is the owner of real estate located in the SWa
of the SEa of Section 10 , Township 5 North, Range 65 West of the
6th P.M. , Weld County, Colorado, being more particularly described
on Exhibits "A" , "B" and "C" which are attached hereto and incor-
porated herein by reference, and
WHEREAS, Oren A. Banek desires to change the property lines
of two existing lots, said lots being parcel Bl, which is Exhibit
"B" attached hereto, and parcels A and B2 , which are Exhibits
"A" and "C" attached hereto, by removing parcel B2 from parcel
A and adding B2 to parcel Bl, which will result in the following
described legal description, to-wit:
Part of Lots 3 and 6, located in the Southwest Quarter
(5Wv ) of the Southeast Quarter (SEa) of Section 10,
Taanship 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as
follows:
Beginning at the Northeast Corner (NE Cor) of said
Lot 3, and considering the North line of said Lot 3,
as bearing North 89°50'15" East, with all other bearings
contained herein relative thereto;
Thence South 89°50'15" West, along said North line,
119.75 feet to the True Point of Beginning;
Thence continuing South 89°50'15" West, along said North
line, 115.55 feet;
Thence South 00°05'59" East, 770.78 feet;
Thence North 89°43'46" East, 234.39 feet;
Thence North 00°01'55" West, 290.34 feet;
Thence South 89°50'15" West, 119.75 feet;
Thence North 00°11'55" West, 480.00 feet to the True Point
of Beginning
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• e°°4 309 1731011
_C" ..2-
Said described parcel of land contains 2.835 acres, more
or less, including a strip of ground 30 feet in width
along the No-th line of said described parcel of ground,
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.
WHEREAS, the Board of County Commissioners finds that the
changing of the lot lines owned by the applicant, Oren A. Banek,
does not conflict with the intent of the Weld County Comprehensive
Plan, and will not have an adverse impact on the existing use of
the land, and
WHEREAS, the Board of County Commissioners has considered
the recommendations 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 of Weld County, Colorado, that the 2 .835 acre tract
of land owned by the applicant, Oren A. Banek, as described above,
be, and hereby is , declared to be exempt from the definition of
"subdivision" and "subdivided land" as set forth in Section 30-28-
101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld
County Subdivision Regulations, and further finds that said 2 . 835
acre tract shall be considered a single lot.
BE IT FURTHER RESOLVED by the Board that the remaining tract
of land owned by the applicant, Oren A. Banek, as described in
Exhibit "A" attached hereto and incorporated herein by reference,
be, and hereby is, declared to be exempt from the definition of
"subdivision" and "subdivided land" as set forth in Section 30-28-
101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld
County Subdivision Regulations, and further finds that said parcel
A shall be considered a single lot.
The above, and foregoing Resolution was , on motion duly made
and seabnded, adopted by the following vote on the 7th day of
Septembet,, A.p.';• •197,7.
1
ATTEST:.- • 4fr, ,,, . 9 -L- . BOARD OF COUNTY COMMISSIONERS
;t (2"^� °!:"/v0,,.- ,,t., WEL COUNTY, COLORADO
Weld County 'Clerk and Recorder
and-Clerk to the Bo JOY/ ill'�7eL F‘ Deputy County Cle tt
AP R7 !J D AS TO FORM: ( e .--
V d G a 'Ltt-. L.2), Re-t_
County Attorney
-2-
Date Presented; September 14 , 1977
• OO4.80 EXHIBIT "A" 1'231011
s3
LEGAL DESCRIPTION - (A)
Part of Lot 6 , located in the Southwest Quarter (SW*) of
the Southeast Quarter (SKI) of Section 10, Township 5
North, Range 65 West of the 6th P.M. , Weld County,
Colorado , being more particularly described as follows:
Beginning at the Northeast Corner (NE Cor) of said
Lot 3, of the SW* SE* of said Section 10 , and considering
the North line of said Lot 3 as bearing North 89°50' 15"
East , with all other bearings contained herein relative
thereto;
Thence South 89°50' 15" West , along said North line,
235. 30 feet ;
Thence South 00°05 ' 59" East , 770. 78 feet to the True
Point of Beginning;
Thence continuing South 00°05' 59" East , 558. 00 feet ;
thence North 89°43 ' 46" East , 233. 73 feet ;
Thence North 00°01 ' 55" West , 558. 00 feet ;
Thence South 89°43'46" West , 234. 39 feet to the True
Point of Beginning.
Said described parcel of land contains 2.998 acres , more
or less, including a strip of ground 30 feet in width
along the South line of said described parcel of land
reserved for County Road ROW purposes and is subject to
any rights-or-way or other easements as recorded by
instruments of record or as now existing on said described
parcel of land.
SURVEYOR' S CERTIFICATE
I do hereby certify that I have prepared this legal
description.
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S.. $14 . 41'
JA' 'E• FREESEt
COI"Ai' P .E. & L.S . NO. 4392 : : 14
q •.4 r% *°
4392 :*
Project No . 1976-10 $* �\ &'f
September 1 , 1977 'cZ „�` �
•a°°' 809 1731011
EXHIBIT "B" ...S-y
LEGAL DESCRIPTION (B-1)
Part of Lot 3, located in the Southwest Quarter (SW4) of
the Southeast Quarter (SE4) of Section 10, Township 5
North, Range 65 West of the 6th P .M. , Weld County,
Colorado , being more particularly described as follows :
Beginning at the Northeast Corner (NE Cor) of said
Lot 3, and considering the North line of said Lot 3
as bearing North 89°50 ' 15" East , with all other bearings
contained herein relative thereto;
Thence South 89°50' 15" West , along said North line, 119. 75
feet to the True Point of Beginning.
Thence continuing South 89°50' 15" West , along said North
line , 115. 55 feet;
Thence South 00°05' 59" East , 275. 00 feet ;
Thence North 89°50' 14" East , 115. 23 feet ;
Thence North 00°01 ' 55" East , 275. 00 feet to the True Point
of Beginning.
Said described parcel of land contains 0. 729 acres , more
or less , including a strip of ground 30 feet in width along
the North line of said described parcel of ground, 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.
SURVEYOR'S CERTIFICATE
do hereby certify that I have prepared this legal description.
!- 1
'6-SE �'siE'eo•ti�
"
COLO. & L.S . NO. 4392
h 4 392 W
Project No. 1976-10 *''^ a�
September 1 , 1977 •.y4, � ' d�
,d*309 1731011
EXHIBIT "C" _5:J"
LEGAL DESCRIPTION (B2)
Part of Lot 3, located in the Southwest Quarter (SW4) of
the Southeast Quarter (SE4 ) of Section 10, Township 5
North, Range 65 West of the 6th P .M. , Weld County ,
Colorado, being more particularly described as follows:
Beginning at the Northeast Corner (NE Cor) of said
Lot 3, and considering the North line of said Lot 3
as bearing North 89°50' 15" East , with all other bearings
contained herein relative thereto;
Thence South 89°50' 15" West , along said North line,
235. 30 feet ;
Thence South 00°05' 59" East, 275. 00 feet to the True
Point of Beginning;
Thence continuing South 00°05' 59" East , 495. 78 feet ;
Thence North 89°43'46" East , 234. 39 feet ;
Thence North 00°01 ' 55" West , 290. 34 feet;
Thence South 89°50' 15" West , 119,75 feet ;
Thence North 00°01 ' 55" West , 205. 00 feet ;
Thence South 89°50' 14" West , 115. 23 feet to the True
Point of Beginning.
Said described parcel of land contains 2. 106 acres , more
or less, 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.
SURVEYOR' S CERTIFICATE
I do hereby crtY% that I have prepared this legal description.
JASP: • •EESE '' ` , et F, '.,
COLO'. i0 .E. & L.S . NO. 4392 e t N ,%
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Copy of resolution granting SE #48
1
/®®®®® RECEIPT FOR CERTIFIED MAIL-30q (plus postage)
J SENT TO POSTMARK
OR DATE
Oren A, Banek
STREET AND NO.
OO 2120_F lRth S- 9/15/77
CT: Greeley,
STATE AND ZIP CODE
/� _Greeley, Colo._ 80631
O _ OPTIONAL SERVICES FOR ADDITIONAL FEES __
RETURN 1.- Shows to wham end dale delivered 154
.(; RECEIPT With delivery to addressee only 650
(
2. Shows to whom,date and where delivered.. 350
SERVICES With delivery to addressee only 856
DELIVER TO ADDRESSEE ONLY 50d
0 SPECIAL DELIVERY (extra fee required)
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) .
Apr. 1971 NOT FOR INTERNATIONAL MAIL a GPO: 1974 0-551-454
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111AND CERTIFIED MAIL
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`ar tcaon To C Oll n tV _Op L'1ml5s,i O ney Dote .__September 7, 197`1__..__._..
__ Far InF. To -'----- -- ' ----- -'--- Your Action Or Reply 1; R•:gwred
I
j._ L S..:5j.act: SIL�(tL\'_L51Q.n_liCeiillt_i_a On Or Before--- ----------------- ------
Oren A. Banek
Applicant - -- —
The owners of the follotiing described property have requested
an exemption from Section 2-1 of the Weld County Subdivision
regulations adopted September 1972 which defines the term
subdivision :
See attached Legal Descriptions
The Planning Department has reviewed this request and recom-
mends 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 fleet all known requirements
Comments :
The request is simply to change the property lines of two existing •
lots (parcels B1 and A & B2) by removing parcel B from parcel A
and adding it to parcel B1. No new lots are beink created
Planner
J
n C
Weld County Commissioners:
This acreage is being sold to pay a note that is
due at the bank.
The buyer is going to build a home for his family
and the the rest of the ground to pasture his saddle
horses. He does not plan further development.
This section of Weld County is zoned as Estates.
The purchaser has his water tap arrangements made.
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•
1, (;AI_ I11_SC'l;iP9'InN ( II- awl i;_ 2 co! Mei! )
Part of Lets 3 and G , located in Ihe Soul hwest Quarter
( SW1, ) of the Soul hvnst :2'iurtr'1' ( SI ', ) of Sect iobi In
'lownship . 5 North , P;tnl•er G5 West efthe elth P . N . , We Id
Count' , Colorado , being more particularly described as
foIIouts
Berl nninit: at the Northeast Corner ( NI' Colt ) of said
I,ot• 3 , and cons ' der itY( t he North I lne of said tot 3 ,
as hearing North RJe'5(1 ' 15" East , with ti II tithe't' hearings -
c o n t a 1111 (1 herein r•e l a ! ivy' t h ere! o ;
Thence Soot h 89°50 ' I5" West , a Ionic sa id Nort h 1 i rle ,
119 . 75 feet tC' the True Point of Beginning :
't'he'nceeon? inn ing Soulh F9"50 ' 15' West , alone said North
111W , 115 . :)5 it ;
Thence South 00"95 ' 59" fast , 770 , 74 feet :
Theme North ,4!1"•13 ' ale;" l:;u+t , 3.31 . 39 feet
The,'nr'e Mort h tlholl l ' 55" West , 290 , 3t1 feet •
-
Then''e South :,(1 ' IJ" West , I Itl , 75 feel ;
Thence North 110"111 ' 55" West , .180 , 00 foot to IIre True Point
of Peg innintr .
Said des,'rILod parcel of lapel ,'n11ta Ins 2 . ,435 acres , more
or less . Including a strip of 1.7t'ound 30 loot in width
along the North line i,l :;Hitt denerilied pare ? of ;''rnnnd ,
reserved for County Hoad RCW purposes and t :; stilt lert
to any right sr-el-way nr of her eat-termini s -;!,: recorded by
fist runlents (it record or as now existing on 5airs desc'r i-Led
parcel of lnnd .
SURVEYOR ' S ('ERTI P I ('A'1'I: . •
I do hereby tortily that 1 have prepared thi :: legaI
elesrrintion ,
•
�j
(')LnRAl to 1'.. 1' , 2 1. . 5 , No , 1393
Project No . •
IU7(i' 1 (1
Sept outlier I . 1 '.177 •
•
LEGALi1ESC1t IPTION - ( A )
•
Part of Lot 6 , located in the Southwest Quarter (SW1, ) of
the Southeast Quarter (SF:', ) of Section 1O , Township 5
North , Range 65 West of the 6th P . M . ,, Weld County ,
Colorado , being more particularly described as Intlows :
Beginning a1 the Northeast Corner ( NE Coy ) of said
Lot 3 , of the SW; SF; ° f said Sect inn 1 (' , and considering
the North line of said Lot 3 ❑s hearing North R9°50 ' 15"
East , with iii other be•;trings Fontnined herein relative
thereto :
Thence South 89°50' 15" Wes.l , alon[( said North liner .
235 . 30 feet ;
• Thence South 00°05 ' 59" East , 770 . 78 feet to the True
• Point of Beginning ;
Thence continuing South 00°05 ' 59" East , 558 .00 feet
thence North R9°•13 ' 46" East . 233 . 73 feet ;
Thence North 01001 ' 55" West , 558 . 00 feet
Thence South 841°•13' -10" West , 231 . 39 feet t n I hr True
Point -of Beginning .
Said described barrel of land contains 2 . 998 ❑cres , etort•
or less , including a strip of ground 30 beet in width •
a long the South line of said described parcel of land
reserved for Count Road ROW purposes and is sut,.ject to
any rights-or-way or other easenn•nts as recorded by
inst ruments of record or as now exist trig on said desi•rita'd
parcel of land .
•
SURVEYOR ' S CERTIFICATE
I do hereby cert i fy that I have prepared t his legal
descri p1 ion .
,TA E FREESE —
COI1Q 1A 1' . 1. . & i. .5 . NO . •1392
•
•
Pr•o,ject No . 1970- 10
September 1 , 1977
•
. 1
•
LEGAL DESCRIPTION (8-1)
Part of Lot 3, located in the Southwest Quarter (SW*) of
the Southeast Quarter (SEt) of Section 10, Township 5
North , Range 65 West of the 6th P.N. , Weld County,
Colorado , being more particularly described as follows :
Beginning at the Northeast Corner (NE Cor) of said
Lot 3, and considering the North line of said Lot 3
as bearing North 89050' 15" East , with all other bearings
contained herein relative thereto;
Thence South 89°50' 15" West , along said North line, 119 .75
feet to the True Point of Beginning .
Thence continuing South 89050' 15" West , along said North
line, 115. 55 feet ;
Thence South 00°05' 59" East , 275. 00 feet ;
Thence North 89°50' 14" East , 115.23 feet ;
Thence North 00001 ' 55" East , 275. 00 feet to the True Point
of Beginning.
Said described parcel of land contains 0.729 acres , more
or less , including a strip of ground 30 feet in width along
the North line of Said described parcel of ground, reserved
for County Road ROW purposes and i9 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.
SU$VEYO$' S CERTIFICA'T'E
do hereby certify that I have prepared this legal description .
COLO. . EL.S . NO. 4 392 4."‘"
Project No. 1976-10
September 1 , 1977 'ar
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