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Home My WebLink About790775.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 433 - LARRY AND ROBERT RULE, ET AL. 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, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public hearing held on the 12th day of December, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the divi- sion into two parcels of land, as shown on the plat known as Recorded Exemption No. 433, being the property of Larry and Robert Rule, et al. , described as Part of the West Half of Sec- tion 35, Township 1 North, Range 67 West of the 6th P .M. , Weld County, Colorado, being more particularly described as follows: That part of the West one-half of Section 35 , Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colo- rado, described as: Beginning at the Southwest corner said Sec- tion 35; thence North 00°20 '10" West on an assumed bearing along the West line said Section 35 a distance of 3250. 81 feet to the intersection of the centerline of the Union Pacific Railroad Company R.O.W. (Boulder Branch) , described in Book 633, Reception No. 1554948 , Weld County records; thence South 58°22 ' 15" East along said centerline a distance of 1323 .10 feet to the beginning of a curve to the left, the delta of said curve is 02°17 ' 25" , the radius of said curve is 5729 . 58 feet, the chord of said curve bears South 59°30 ' 56" East, 229 . 01 feet; thence along the arc of said curve and said centerline a dis- tance of 229 . 03 feet to the intersection of the East line of the West one-half South- west one-quarter said Section 35; thence South 00°16 ' 18" East along said East line a distance of 2440 . 73 feet to the Southeast corner said West one-half Southwest one- quarter; thence South 90°00 ' 00" West along the South line said West one-half Southwest one-quarter a distance of 1316 . 45 feet to the point of beginning. The West 30. 00 feet thereof is subject to County Road No. 21 R.O.W. The South 30. 00 feet thereof is subject to County Road No. 2 R.O.W. 790775 Contains 86. 033 Acres more or less including said County Road No. 2 and County Road No. 21 R.O.W. Contains 82 . 915 Acres more or less excluding said County Road No. 2 and County Road No. 21 R.O.W. does not come within the purview of the definition of the terms, "subdivision" and "subdivided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-1A(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Larry and Robert Rule, et al. , be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS ATTEST:\-711 %I?y �1 WELD COUNTY, COLORADO Weld County lerk and Recorder 64, -` (Aye) nd,Clerk to the Bo r Norman Carlson, Chairman /6-( lei Zii-24tiiLi (Aye) eputy County rc LydiDunbar APV AS TO FORM: ) ; `` ,Ccz/ (Aye) /F� C. W. Kirby / County Attorney h ,rcd . Lcc (Aye) 4onard L. Roe //', �Y.1-77/226/44 Y.1-77/226/ 4ye) rT ne K. S einmark DATE PRESENTED: DECEMBER 17, 1979 RECORDED EXEMP"MON NO. 1469-35-3-RF 433 LEGAL DESCRIPTION : 4 9 * That part of the West one-half of Section 35, Township 1 North, Range 67West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the Southwest corner said Section 35 ; thence N00°20 ' 10"W on an assumed bearing along the West line said Section 35 a distance of 3250 . 81 feet to the intersection of the centerline of the Union Pacific Railroad Company R .O .W. (Boulder Branch ) , described in Book 633, Reception No . 1554948, Weld County records ; thence S58°22 ' 15"E along said centerline a distance of 1323 . 10 feet to the beginning of a curve to the left , the delta of said curve is 02° 17 ' 25 " , the radius of said curve is 5729 .58 feet , the chord of said curve bears S59°30 ' 56"E, 229 . 01 feet ; thence along the arc of said curve and said centerline a distance of 229 . 03 feet to the intersection of the East line of the West one-half Southwest one-quarter said Section 35 ; thence S00° 16 ' 18"E along said East line a distance of 2440 . 73 feet to the Southeast corner said West one-half Southwest one-quarter ; thence S90°00 ' 00"W along the South line said West one-half Southwest one-quarter a distance of 1316 .45 feet to the point of beginning . The West 30 . 00 feet thereof is subject to County Road No . 21 R .O.W. The South 30 . 00 feet thereof is subject to County Road No . 2 R .O .W. . Contains 86 .033 Acres more or less including said County Road No . 2 and County Road No . 21 R .O.W. Contains 82 . 915 Acres more or less excluding said County Road No . 2 and County Road No . 21 R .O.W. We, Noel J . Hubert, Jr . , Sharon J . Hubert , Robert Lynn Rule and Larry Spencer Rule, being the sole owners in fee of the above described property do hereby divide the same as shown on the attached map . b Noel J Y Hu ert , Jr . 24 haron J . Hu rt Ro ert L d Rule Larr p ce�h er Ru The fore oing certification was acknowledged before me this /5 day of 7�ru L , A .D. 1979 . ,y( My Commission Expires : &n,%i.atl/� /9P1 �` t;1 t4nfLi N tary Witness My Hand and Seal SURVEYOR ' S CERTIFICATE : I hereby certify that this plat was prepared under my supervision, ,and that the same is correct to the best of my knowledge and belief . t , - N Edward Li‘4.94 Reg . P . E . & L . S . No . 2730 The accompanying plat is accepted and approved for filing tom-, crt ir 3 44 c� CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS ' , Ot'L • o lc , y '1/471Q t t r ,'in.qn 4 .Gd inA/4:ier�/ �� :r I ATTEST : County Clerk and recorder i .i Dated LIND-AYRES a ASSOC. INC. See "Wee c/ e/ ,P Leya/ Descr-ifion ei%BNo.3s-kw-as A/otx 9, /979 Shccf 2OF2 RECORDED EXEM `ION NO. 1469-35-3--M433 PART OF THE WEST ONE-HALF OF SECTION 35, TOWNSHIP I NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN , WELD COUNTY, COLORADO. . N \ \ a�ndo,,.d vr. za. ea . E (?or/dv Brost/ \�� yd Aka bas Rer.. Main , ` 4 \id CO.Arcane* ta ti8 �J weal.*cor Sec.sss , '~� \ s�o%l-sce' t//V., /2.67 LA, clench Line Id I4 sw% \ / As 02'17'LS" 2c ern S$' K• r s3` ` 4.moat CH 6/3x•si ' 2Z90/ h r \ \ \a1 ti 1h a 1 4 V t tli "'AI .. .OWNERS: :t 10g N •I c NOEL J. HueERT, JR. 4 4 u • l SHARON J. fluDERT oc LoT A � 4 in V pp ROOERT LYNN RULE I �'4C - 94.035 Ac. O LARRY SPENCER RULE V Lan A�B r , s P Redd Less Re Aria- S./ l8 Ac. 100355 WELD COUNTY RD. No. 2 a void qt. 9z.9/5 Ac. 5RIGMTON, Colo. 804,01 111 00 3 44y� N S. o $ ' a `' N4 iOQ'OC"E Zi�l4 ea t 141)4 Swj 3 0 Le SW. Set.3.? •. n LoT 0.20'IdE T.7/A, 2. 67 P4 Isr 242.44' Sic. 36, T. /N.) ,¢.l07 W. I.95 EA' iios.�' I Q toseG./e Rea/ (Rd.Alp. 2) , ,. ,o!�iime;79 Ci. R2e00'oo'W /3/6.AS' }� (-Soda+h Line 9W/q Sec.3s 27 041 Ra Ab. { � —— all t LOCO ion Mop 34 35 76%- N ry ''b' scale: P' 20de' Oda. Lo¢ A •e4 ev Let 8 a\ Weld County s• ,cI No. 2 •LIND-AYRES a ASSOC. INC. freak.. /" See A,'/ocheW4or Leso/ Pesento i esysoSery, Sur✓ey eLc3o/ p�u'4P//ev7 Pile No.3s-/N7-Ss No✓ 9, /979 5bCe /eS2 i ' _ DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO December 12, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley , CO 80631 RE: Recorded Exemption #433 Dear Commissioners : The attached application, plat , and related items are in reference to a request from Larry and Robert Rule, et al , for a recorded exemption . The parcel of land on which this request has been made is described as Pt . WI Section 35, T1N, R67W of the 6th P.M. , Weld County, Colorado. This property is located 2 miles west of Brighton on Weld County Road 2. The property contains approximately 85. 5 acres of Class II irrigated soils. The request is to split the pro- perty into parcels of 84. 3 acres and 1.2 acres. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be approved for the following reasons: 1. The request conforms with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the Agricultural Zone District (Section 3. 3.A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the use will be compatible with the surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land use . 2. The City of Brighton Planning Commission has set forth no objections to this request . Board of County Commissioners Page 2 December 12, 1979 3. This request complies with the provisions of Section 9-4A. of the Weld County Subdivision Regulations. Respectfully, Ot' , ro. XA+� Vickie Traxler Assistant Zoning Administrator csd FIELD CHECK FILING NUMBER: RE-433 DATE OF INSPECTION: 12-7-79 NAME: Larry and Robert Rule, et al REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt . TO Section 35, T1N, R67W LAND USE : N Rule Sheep Feedlots E Dryland Agricultural (Wheat ) S Mixed Agricultural w Dryland Agricultural ZONING: N Agricultural LOCATION: 2 miles west of Brighton E Agricultural on Weld County Road 2 S Agricultural W Agricultural COMMENTS : Lot A is mixed dryland and irrigated agriculture with a dairy, some sheep and hogs. A mobile home is located on Lot A. The proposed residential site appears to be dryland agriculture (wheat) on an elevated portion at the northwest corner of the property. Lot B contains one residence. The improvements area surrounds the residence. Access to the parcel is from County Road 2 (paved) and County Road 21 (gravel) . Lot A appears to contain an oil tank and other equipment belonging to Amoco Oil Company. BY: �LC�tc2, -111131 e APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . Q5l43 3 APPL . FEE 15. 00 ZONING DISTRICT A RECORDING FEE H l ) et-OO DATE t1..±. ‘5-1 RECEIPT NO . /nga1 APPL . CHECKED BY UT TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : See Exhibit "A" attached hereto and incorporated herein by reference. approximately approximately approximately ACREAGE : Lot "A" 84 . 33 ; Lot " B" 1. 2 ; Total 85 .53 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes x No Are there any existing improvements on Lot A? Yes No x Lot B? Yes X No FEE OWNERS OF PROPERTY : 1?alp -kw(rt'sor. 9 ace Name : chit., ' in.c 9JL AMiess �%Xo? ±„.,J RtpP4one 415/x/3/ Name : Xa+'�,° , ' „A Address ,�„, },.,� Phone 659--s7/ Name : �e, y .,l ,,_, 4 Address Q ,f.4., Phone -o_ WATER SOURCE FOR : Lot "A" 'Y -1,,cy,3 Wc4404( 01,24) . Lot " B" TYPE OF SEWER FOR: Lot "A" `,0„J% rujegi ; Lot " B"Sf,JJIILIEJ, PROPOSED USE FOR : Lot "A" Q,v U. 0 ; Lot " B" I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct t f�the best of/my knowledge . COUNTY OF WELD ) os. ""'' -r' " O(`h_ STATE OF COLORADO ) �??AA' CV Signatur Owner or Authorized Agent Subscribed and sworn to before me this /3 day of , Qti4/ , 197`7 . SEAL gat; /- ter.O Notary Public (2/14/n s/ /9/.3 My ComPission expires : EXHIBIT "A" LEGAL DESCRIPTION : That pert of the West one-half of Section 35 , Township 1 North , Range 67 ` rst of the 6th Principal Meridian, Weld County, Colorado, described as : `lrginning of the Southwest corner said Section 35 ; thence N00° 20 ' 10"W on an ssumed hearing along the West line said Section 35 a distance of 3250 . 81 feet to the intersection of the centerline of the Union Pacific Railroad Company 7 . 3 . W . ' Boulder Branch ) , described in Book 633 , Reception No . 1554948, Weld ;aunty records ; thence S58 ° 22 ' 15 "E along said centerline a distance of 1323 . 10 f • et to the beginning of a curve to the left , the delta of said curve is 17 ' 25" , the radius of said curve is 5729 . 58 feet , the chord of said curve Fear ~ 559 ' 30 ' 56 "E , 229 . 01 feet ; thence along the arc of said curve and said enterline a distance of 229 . 03 feet to the intersection of the East line of ! hr West one-half Southwest one-quarter said Section 35 ; thence S00° 16 ' 18 "E lonn said East line a distance of 2440 , 73 feet to the Southeast corner said west ore-half Southwest one-quarter ; thence 590 °00 ' 00"W along the South line suid West one-half Southwest one-quarter a distance of 1316 .45 feet to the flint of beginning . The West 30 . 00 feet thereof is subject to County Road No . 21 R . O . W . The South 30 . 00 feet thereof is subject to County Road No . 2 R .O .W . . . , twins P6 . 033 Acres more or less including said County Road No . 2 and Jounty Road No . 21 R .O .W . Contains 82 . 915 Acres more or less excluding said County Road No . 2 and l. o .inty Road No . 21 R .O .W . Sc .. xt !•-!!• /7cZ <<n yCC _n L...�p _4 (llL'. .LL,-)(1 (t/04"<-//1)7/ e l c ,?z '1 7' c L G ./ 7 4i/ _2 f2 (/1 tze' 44 </ e_ L'At.,.ii Jdr/ tell l{• , t cfyt, e rf; 1 Li /tti pit: e c)2 ;/u_ G< . ,. cud!' ,fly - 0 i G=--7Y2 Ct ii/C 'iLYY9 /+/ c) / At cat ,ZC -7);96-2 6-6/ ,9-1dQctnr/ e� ,EPcy,d/L. / L//!, --/.'iece -c�rlC( 0 Y'/cu/i /rf et //jai, / ��(i„L� K.2.)0K.2.)04�, /ap / . /3z 4,i-L://(L )L1 --'�Jt L{.'? ciLe L1 C../lit< et' t a,: //t X ATTACHXE*T "B" ADDITIONAL PROVISIONS: IT TS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS CONTRACT DOES NOT INtIUDE SHE RESIDENCE OF MR. 1 MRS. NOEL BULLET, $1.. WHO WILL MAIN AT THEIR EDJACE1T PROPERTY UNTIL THEY DESIRE TO GIVE UP OCCUPAKCY OR UNTIL THEIR DEATHS, WHICHEVER IS FIRST. AT WHICH TIME THE BLTIWS MAY PAY Tax SARI AMOUNT 701 THIS LAND (APPROXI1ATE.LY 1.2 ACRES I $1,200.00 PER ACRE) AND PAY SZLLELS AC EED!Tl3i 4L $15,03G.00 FOR TEE HOUSE. THE FINAL N;.ItCLASL PRICE SHALL Eli DLT£R SIEZD BY A tJZGISTELED SURVEY OF Tax FKOPEETY AND COMPUTED AT $1,200.00 Pty ACRE. THE COST OF TUE SURVEY SHALL BE THE SITTERS'. BUYERS TO PAY ZEMAINIUG HALT OF WATER TAP NEMBYRSBIP FEE OF APPROXIMATELY $625.00 WREN DUE AND THE TAP WILL BELONG TO TUE DAIRY. PURCHASERS ARR PURCHASING SAID PROPERTY SUBJECT TO THE ERISTIWG 1st MORTGAGE. SELLER SHALL IUDDV1IPY AED SAVE marsuSS PURCHASERS PROM AET LOSS PRO!; HON-PAYNE T OF lot MORTGAGE LOAM, PROVIDED THAT PURCUASERS COMPLY WIT11 TdE TEAMS OF TEE INSTALLMENT LARD CONTRACT. SUCH I'MDE'SNIFICATION SEALL SURVIVE TUE EXECUTION OF THE IESTALLMENT LAND CONTRACT. SELLflS SMALL EXECUTE A CC ERAL MANY DEED TO THE PURCHASERS SIMULTANEOUSLY WITH THE PURCHASERS EXECUTING A QUIT CLAIM DIED TO THE SELLERS, BOTH OF WHICH SHALL SI HELD IN ESCROW F02, Tax MUTUAL SENEPIT OF THE OTHER. SELLERS 9i+AT1 ESTABLISH AN ESCROW AGENT FOR RECEIVING AND DISBURSING FUNDS. { I Sc STATEMENT ATTACHED TO APPLICATION FOR RECORDED EXEMPTION This explanatory statement is given in support of the Application for Recorded Exemption. By means of an Installment Land Contract dated December 6 , 1974 , (copy attached hereto) , the Huberts sold approximately 84 . 33 acres to the Rules . Because Noel Hubert' s mother and father lived in a house on a portion of the property (approximately 1.2 acres) , this 1. 2 acre parcel was not sold but the Rules held an option to purchase the 1 . 2 acre parcel upon the elder Hubert' s death or upon such time as they give up their occupancy. The entire transaction was handled by a real estate company which did not advise the Rules or the Huberts that this 1. 2 acre option made the transaction subject to 30-28-101 et seq. , C.R. S. 1973 . There was no intent by the sellers or purchasers to violate the statute. The only reason for structuring the sale in this manner was to allow the elder Huberts to remain in their life long home. The property involved is agricultural. There is no intent of the Rules to build a subdivision on the property. Noel J. Hubert, Sharon/ J. Hubert 7-1 ob r/E Lynn Rule nsY � i La ry Spenc r Rule at REFERRAL LIST APPLICANT Larry and Robert Rule, et al . - H CASE # RE 433 REFERRALS SENT OUT ON: November 23 , 1979 CS W REFERRALS TO BE RECEIVED BY: November 30, 1979 H RI CC H 7.. U 0 0 La H P, F. C. H O U RI Fi O vi c REFERRALS RECEIVED X NOv v 2 1979 County Attorney (plat only) County Health NOV 2 1979 County Engineer NOV 2 1979. Brighton Planning Dept . 22 South 4th Avenue Brighton , Colorado 80601 Union Rural Elec. Assoc. Inc. 18551 E. 160th Avenue Brighton, CO 80601 LEGAL DESCRIP"ONPruit 96-( 5C-/-1,7 CASE NO. gar - v3) , 15 Aft SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED • • t .. ... ( - -- =r4? t t"•� �. ' Hi ; i .iii, •• - 1 L 6 444 444 { F„ pit ,"1.•* ,1 31;. tY i 4 Y p� s f dr4 1; «• `t R4.,„:, III � + fit � °` , lei, q.n G �! / P 1 .fin.; ��,.� �l '+=.�k:. "'"*.,, ..A • 1 1 t [f w'Il�4� i qt'iwiliit�.x.. t. �+� i A b fin, Pe', I41:' i 3U - ,..�f%p�p3 M - tI'jryg7 3 I]_ y y ie .,,..:5,4,,,o,,,,,,..4$1,,,,,,,,,,. ,0559 F - i.Y ,"I 11. ' 5 ' Y �F°T 1 YRs i�+. 1 _ h. PEy In k � l',,,1. 4.,1: fyy $" f §ti I =. n. ' 'I 4013 t$4,z f1�1444. lii f'45 44 i.' , 4' X114 of t b .. ,C.�( iG to 1 li I4 t � �i k qq rcs i } , t • it:. alb p2s S A° Ifi rdC.. ^ ,s1=4•:ysi r y *Tit,'i:ti m 5t. �. t`* a 7 i x n'� 14 1 .,A lot,„„..;!.,,,,, , , as , * 4 s' 41 8, a';dtft "h` r.' 14*�1y f '` via ., r 6 a� : ,1 - o � �R_. a '4V4. - t '' ^� . vcik Y !111:4a11; 4. i Ms; , q_1 adp x }'1111.a. 1 - aii � .Z 1.1!F y '� '.W' lA , f Yf'ill/lair'it� J A 41, $ y... l. TM �' < 1 E .: a ' 441J1, to r1 ar vv 3W a7 s a ,e 4 4 I' � a,, i . ^ RECORDING DATA - APS M b PLATS,,. i Recorded Exemption #1469-35-3-RE__,_43_3_ -- --— NAME OF SUBDIVISION -_.------ — Robert Lyn _8- ruRule., Lang Spencer Rull Noel J Hubert Jr, _Sharon J_Hunes*,-- — NAME OF SUBDIVIDERPart of the West one-half of Section 35, Township 1 North, Range 67 West of the 6th Principal MariAia + gam°— LOCATION OF SUBDIVISION .t Srj DEC 1 91979BODK S_-0 RECEPTION # DATE OF RECORDING, MARY ANN FEUERSTEIN --------------- WELD COUNTY CLERK AND RECORDER • BY: DEPUTY COUNTY CLE K K RECORDER Hello