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Home My WebLink About790885 BOOK r", Re��ea O FEB 1 61979 c 860 -- ...._ o'clock ..._..,..M,,,.._..�._._ Red. No. RESOLUTION• a-? State of Colorado, Weld County Clerk B Recorder RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 77 - RAYMOND YBARRA, 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, the Board of County Commissioners of Weld County, fl Colorado has reviewed the request of Raymond Ybarra, et al. , for No an exemption from the definition of "subdivision" and "subdivided land" in Section 30-29-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and .-a WHEREAS, the Board of County Commissioners finds that Raymond Ybarra, et al. , are the owners of a parcel of land in part of the Southwest Quarter of Section 25 and part of the Northwest Quarter of the Northeast Quarter of Section 36, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more parti- cularly described as follows : A tract of land located in the Southwest Quarter of the Southeast Quarter of Certion 25 and the North- west Quarter of the Northeast Quarter of Section 36, all in Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the North Quarter Corner of said Sec- tion 36, and considering the North Line of said Section 36 to bear South 89°17'47" East and with all other bearings contained herein being relative thereto: Thence North 78°58'15" East, 733.80 feet to the True Point of Beginning; Thence South 85°17'53" East, 453.50 feet; Thence South 51°34'28" East, 41.75 feet; Thence South 00°20'07" West, 85.00 feet; Thence North 85°17'53" West, 227.00 feet; Thence North 89°39'53" West, 258.70 feet; Thence North 00°20'07" East, 128.00 feet to the True Point of Beginning. Said tract of land contains 1.255 acres. WHEREAS, the Board of County Commissioners has considered the recommendations of the Department of Planning Services in this matter and has reviewed information submitted by the applicants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the aforementioned tract of land owned by the applicants be, and hereby is, declared to be _7 r, , 790885 BooK �. 1782143 860 exempt from the definition of "subdivision" and "subdivided land" as set forth in Section 30-29-101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld County Subdivision Regulations, and further finds that said tract shall be considered a single lot. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ia it-7742A) 1-174,Xitgantez ATTEST:£ 11 Weld County Clerk and Recorder Clerk to ths a d B ' Deputy Count Clerk AP RAP R��ED AS TO FORM: TO FORM: o County Attorney DATE PRESENTED: FEBRUARY 14, 1979 TO: Board of County Commissioners Date Trehruary 7, 1979 Subdivision Exemption # 77 Applicant: Raymond Ybarra, et al 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: Pt . SWF Section 25 and Pt . NW}NE* Section 36 , TSN, RG61°7 The Planning Department has reviewed this request and recommends that the request be approved for the following reasons : DOES DOES NOT Y • Require water Require sewer Y Create traffic problems % Fall in flood plain Agree with Planning Commission policy Y Create housing Agree with surrounding land use Meet all known requirements COMMENTS: The land in question was owned by Porfidio and Raymond "harra, and back in 1974 they went to an attorney here in Greeley for purnoses of convevinrr this land to norfidio ' s children and their spouses for the purposes of building homes. The land was surveyed, and on May R1, 1974, the survey and deeds conveying portions of the total parcel were recorded with the Weld County Clerk and Recorder. At the time that the transfer took place, the yharr. as were not advised, and had no knowledge of the fact that the" needed to obtain an exemption from Weld County Subdivision Regulations prior to dividing the parcel in question. Subsequent to the conveyances, a home was built by the grantees on each of the parcels . Each house has a separate water and sewer system and each house has its own septic tank. The narties now desire to have the County approve a special exemption from the Sub- division Regulations on the property under consideration. Zoning Administrator LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY,COLORADO 80631 S.ROBERT HOUTCHENS TELEPHONE 353-9195 RODGER I.HOUTCHENS AREA CODE 303 JOHN B.HOUTCHENS JERRY BTN ROBERT HOUTCHENS November 16, 1978 KIM THOMAS A.HOUTCHENS Mr. Tom Honn Weld County Dept of Planning and Zoning 915 10th Street Greeley, Colorado 80631 RE: Application for Exemption from Subdivision Regulation 2-1 (a) (3) for Ybarra Property Dear Tom: Some time ago, I discussed with you, at length, a situation • involving some property owned by the Ybarra family and located out by the Spanish Colony. The land in question was owned by Porfidio and Raymond Ybarra, and back in 1974 they went to an attorney here in Greeley for purposes of conveying this land to Porfidio' s children and their spouses for the purposes of building homes. The land was surveyed, and on May 21, 1974 , the survey and deeds conveying portions of the total parcel were recorded with the Weld County Clerk and Recorder. I enclose with this letter the following copies of documents : 1. Legal description and survey showing the division of the parcel owned by Porfidio and Raymond Ybarra into three separate parcels. 2 . A Warranty Deed from Porfidio and Raymond Ybarra to flaymond Ybarra and Rojelio Ybarra, conveying to the grantees parcel 1 as denoted on the survey. 3. A Warranty Deed from Porfidio and Raymond Ybarra to Guadalupe Ybarra and Anita Ybarra, conveying to the grantees parcel 2 as denoted on the survey. 4 . A Warranty Deed from Porfidio and Raymond Ybarra to Genovevo Ybarra and Josefita Ybarra, conveying to the grantees parcel 3 as denoted on the survey. At the time that the transfer took place, the Ybarras were not advised, and had no knowledge of the fact, that they needed to obtain an exemption from Weld County Subdivision Regulations prior to dividing the parcel in question. 14 r r Mr. Tom Honn November 16 , 1978 Page 2 Subsequent to the conveyances, a home was built by the grantees on each of the parcels. Each house has a separate water and sewer system and each house has its own septic tank. The parties now desire to have the County, retroactively, approve a special exemption from the Subdivision Regulations at the present time. At some point, this would need to be done, and I have advised them that it would probably be best for all concerned if they applied at this time for the special exemption. I would appreciate it if you would take whatever steps are necessary to secure approval of the special exemption from Weld County Subdivision Regulations. If I can furnish you with any more information, or if I need to take any further steps to secure the exemption, please notify me. Thank you for your courtesy and cooperation in the handling of this matter. Ve/�ry truly urs, a Kim R. Houtchens KRH:dm Enc. 2 li4/9uJ`- ' c iGGIG� / �l �/�/I �( YMOND YBARRA, RO LIO YBAft A GUADALUPE YBARRA ANITA YBARRA 4-11-12 GENOVEVO YBA SEF A BARRIV4` \?3456 JAN 1915 tti c ev RECEIVED -c) C•,, LLD hit Cool 4;,' nit*CommIsWo e�i a.C S •,S:., ., - x,- `'' / 'ladY' r -...� ao c ' i utvs dpi II 4. the s, , ttr.w �'. 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IMOMMIMIlir • ft.i 1 ‘SIS. � � 1 , tl s s -ti :I1 t ,:. _; � ti 1 •e i 'ill Is f F .,z as 3 sr M .'1 3s„j VII - s ! s `b she 3 I a r .q Ijs is: is i �' Eat �I 1 's 'Fiji. s- 4 BP!_ a Iiiis ill ifihl 1 3 ,n ash s- Wilde �� 3 gj1;4y 'six's:a's i rill , , - z fait Ili 1Alila ;t ! f sU 1111111 a aid k 11 i 4.. 4 • Li • g za 3k .3 .3 € 14Z �j 2v t` �I e .8 El ! i lY ` •itI Sa s' � °I kk ii l TIt .Asap .. -u ._Itsr+a ii ' f it 4. t . � „„ ) r s rmar 4 .:_: . 0 .-� �UK L ! rs:.,. ! . ...mix f s�::Y �, Recorded .r: . &cr.\_ .,,,,-MA._ Y 21 1974 715 1636948 RecNo.36. WARRANTY D¢¢D—short Ya�._-0r�dlord-¢oblown P•r1 9mMe Jr„ Recorder • roe Company.ny.IUH5 aloe abet,�,n,Cobndo THIS DEED, Made this 17th day of May in the year of our Lord III- r ! I ,.; one thousand nine hundred and Seventy-Four between (T ---PORFIDIO YBARRA and RAYMOND YBARRA---- of the County of Weld and State of Colorado,of the first part I °_r ---RAYMOND YBARRA and ROJELIO YBARRA---- 1 rn of the County of Weld and State of Colorado, of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten and no/100ths DOLLARS, w, to the said part ies of the lint part in hand paid by the said part ies of the second part, the �! receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said rn second part, their heir and assi Dart let at the 1gne forever, an the following described lot or parcel i 0' of land, situate, lying and being in the County of Weld and State I 0 ;{ of Colorado, to-wit I „r 1 A tract of land designated as Parcel I on recorded plat marked "Exhibit A", ' j located in the SW*SE4. of Section 25 and the NWfNE- of Section 36, all in Township 6 North, Range 66 West of the Sixth P. M. , Weld County, Colorado, ^r and being more particularly described as follows: Commencing at the North il t Quarter corner of said Section 36, and considering the North line of said Section 36 to bear South 89° 17' 47" East and with all other bearings con- tained herein being relative thereto; thence North 78° 58' 15" East, a distance f, of 733. 80 feet to a point; thence South 85° 17' 53" East, a distance of 198. 07 feet to the true point of beginning; thence South 85° 17' 53" East a distance ----„I of 255. 43 feet to a point; thence South 51° 34' 28" East a distance of 41. 75 r. feet to a point; thence South 00° 20' 07" West a distance of 85. 00 feet to a it point; thence North 85° 17' 53" West a distance of 227. 00 feet to a point; t thence North 89° 39' 53" West a distance of 61. 20 feet to a point; thence North 00° 19' 58" East a distance of 112. 92 feet to the true point of beginning, ,J TOGETHER with all and singular the hereditament' and appurtenances thereunto belonging, or in any wise HV appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and tt all the estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in ill law or equity, of, in and to the above bargained premises,with the hereditamenb and appurtances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto Ill the said part ies of the second part, their heirs and assigns forever. And the said part ies of the first part, for them eel ves, their heirs, eaecuton, and administrators, do covenant, ' grant, bargain and agree to and with the said part les of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee g simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in S manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, 1 sales, liens, taxes, assessments and encumbrance, of whatever kind or nature soarer. I Subject to any exceptions, conditions, restrictions and reservations of record; 1 also subject to taxes for the year 1973, and all subsequent years. I and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigne, against all and every person or persons lawfully claiming or to y claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said part ies of the first part ha ve hereunto set their hand 9 and seal a the day and year first above written. Signed, Sealed and Delivered in the Presence of ,/ ,a � �b!`Ti'dio arr� [SEAL] rn IS .. .. [SEAL] terra PEAL] By Petra Rodrigue , a attorney in fact for Raymcnd Ybarra ter`a° • h3` r n Ai' '' a - Sk"g r,,,si ,°•? r+ ^',Pe ti vas ,`r. .1 _ ... m,—au^,^.�,.-,..,.n.aro.�na,e2:.^.r,:v: i. _.,e._.y,;,,M„W.,kPt„.,...�r d , „ .. .. 715 1636948 ' STATE OF COLORADO, County of Weld }W. I. Eleanore M. Wiggett a Notary Public in and for said Weld County, in the State aforesaid,do hereby ca and Petra Rodriquez, as attorney in fact for RaymondYbarrrra a/k/ay that rRamon Ybarra, who are personally known to me to be the Persona whose name are subscribed to the foregoing Deed, appeared before me this day in person and ac1m5 ed :tf they signed, sealed and delivered the said instrument of writing as their It> ✓ �d deed for the uses and purposes therein set forth. C1, }p.¢ --1 myrha�and official seal, this 17th day of May Mt o ,A.D. 1974. lsl ommission e s January 13 ,A.D.19 78. .,�nr rtlto Notary Potato. ili .J • • A i 1 „ t isl i 1 4 Ica .4 1 I\IC, i i 1 ,N i • 4,4 I g ! ; ;i !z ems\4 i Z li Iry I C I. . m,. . . . It . i___! boo( Recorucd at / ' o'clock / M., kin! 21 1974 tai i 15 Reception No 16x'36350. S. LEE SHEHEE, a_ Recorder. i li I THIS DEED, Made this 17th RECORDER'S STAMP 1974,between day °f May 'I`` 1 + -PORPIDIO YBARRA and RAYMOND YBARRA---- o I of the County of Weld ' tp a ii Colorado,of the first part,and and State of I' J ; inI --GUADALUPE YBARRA and ANITA YBARRA--- J H of the '"'1 I County of Weld and State of Colorado,of the second part: L 1 'a' W:TNESSETH, that the said art 1t p ies of the first part,for and in consideration of the sum of Ten and no/100ths fk rn DOLLARS, `t o to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is ihereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convoy and confirm unto the said parties of the second part,their heirs and assigns forever,not ''1 in tenancy in common but in joint tenancy,all the follows described lot or parcel of land, situate, lying being in the � P and , County of Weld and State of Colorado,to wit: .'-1 A tract of land designated as Parcel II on recorded plat marked "Exhibit A" t'• tv located in the SW-1SE+ of Section 25 and the NW INE- ' Township 6 North, Range 66 West of the Sixth , ]y] ' of Section 36, all in 4 x and being more particularly described as follows: Commencing. , Weld ate the North FQuarter corner of said Section 36, and considering the North line of said Section 36 to bear South 89° 17' 47" East and with all other bearings contained herein being relative thereto; thence North 78° 58' 15" East 733. 80 feet to a point; thence South 85° 17' 53" East a distance of 87. 75 feet to a point which ' j is the true point of beginning; thence South 850 17' 53" East a distance of 110. 32 feet to a point; thence South 00° 19' 58" West a distance of 112, 92 feet 'i to a point; thence North 89° 39' 53" West a distance of 110. 00 feet to a point; thence Nort h 00° 19' 59" East a distance of 121, 32 feet to the point of 11 beginning, "q TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders,rents,issues and profits thereof; and all the I I I estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament*and appurtenances. i 1 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 ies of the first part, for them j i selves their heirs, executors, and administrators do 11 said parties of the second part, their heirs and assigns, covthe time etof grant, bargainrat and agree to and p the 1 exits they arewell seized of the premises above conveyed,tas of good,the 'meant perfect, and delivery lute of these ind prss- 1 I estate of inheritance, in law, in fee simple, and have absolute and grant, bar- ``I good right, full power and lawful authority to gain, sell and convey the same in manner and form aforesaid,and that the same are free and clear from alln former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. i..,f Subject to any exceptions, conditions, restrictions and reservations of record; also subject to taxes for the year 1973, and all subsequent years, ,A and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their iii heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, I the mild part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part ha ve hereunto wttheirhand s I seals the day and'year first above written, and / '1 Signed,Sealed and Delivered in the Presence of .or ...."j�_..1'Ur LItt7"PDRI'2'7i [SEAL] I ....._[SEAL [tlon ar�........ ] II k a Ramo Ybarra STATE Op COLORADO, ll By' e'ra odr'i uei; a a ney ifiB '] . ..........., County of Weld �es. fact for Raymond Ybarra I TillfBreQ /netdtiment was acknowledged before me this 17th day May 16,73': • lid Ybarra and Petra Rodriguez as attorney in fact for Raymond I b 1i s. T -*amon Ybarra. •-• MI MI,' wpm January 13 , 19 74 .Witness my hand and official seal. 1: o i #A e444, k.i,7. a 1, Notary Stabile. Nu. 921. WARRANT{DEED—To JNei Toninits.—Bradford Publishing Co.,1124.11 Stout Street,Deliver,Colorado-4-7I •If "re , natural person or pe,xyo her. Insert name or name.; If b attorn^y-n-fact, Ihml Insert namJ of person as executor, attem4 mr pet or trait: eltnf Ia r tp'r.a�era to Nye °r : If b f ffice tT er r.Mrrsill n then insert name of such officer or officers se the preeident orrother officers of mob corporation, 1! IL-4 of ooh Aohao,oledp..esf, Sec. I III-4-1 Colorado Revised Statute. 1161. Nee IMmperallon, naming IL�St.tatory r ».'1 a...u.• .. '.... • 'a n... i-:1. .. ...:AJ.Y iA,'.:.1n...i:W..uYi1..Jk.)1.. 1 .. 1 ' _' �� f 21 1974 f: U ryc% Record__ ¢t......1 o'clock.... .�..M., P O.2 !15 Reception No 1636349 ' 4EE SHEIiEI;, JR Recorder. Tills DEED, Made this 17th day ofMay RECORDER'S STAMP • 19 74,betweenI ' --PORFIDIO YBARRA and RAYMOND YBARRA--- :' I I J (.> • • cN of the County of Weld and State of �• Colorado,of the first part,and I ri --GENOVEVO YBARRA and JOSEFITA YBARRA--- a I 1\11 of the Weld r-tCounty of - and State of Colorado,of the second part: ^" WITNESS ETH, that the said part Les of the first +' Ten and no/100ths ,_ part,for and in consideration of the sum of DOLLARS, f.a" o to the said part Les of the tint partav b: hand paid by the partly ofthe second part, thereceipt whereof la n hereby confessed and acknowledged,he treated, bargained,sold and conveyed, and by these presents do grant, bargain, sell, convoy and confirm unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy,all the foliating described lot or panel of land, situate, lying and �r being in the County of Weld and State of Colorado,to wit: r A tract of land depi rated as Parcel III on recocdedlplat marked "Exhibit A", t\J located in the SW4SE4 of Section 25 and the NW4NE4 of Section 36, all in i Township 6 North, Range 66 West of the Sixth P. M. , Weld County, Colorado, , i I and being more particularly described as follows: Commencing at the North Quarter corner of said Section 36, and considering the North line of said Section 36 to bear South 89° 17' 47" East and with all other bearings con- tained herein being relative thereto; thence North 78° 58' 15" East, 733. 80 feet to the true point of beginning; thence South 85° 17' 53" East a distance of 1 87. 75 feet to a point; thence South 00° 19' 59" West a distance of 121. 32 feet 1 to a point; thence North 89° 39' 53" West a distance of 87. 50 feet to a point; thence North 00° 20' 07" East a distance of 128. 00 feet to the point of beginning. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and 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 Pint part, either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said promises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said parties of the first part,for them selves their heirs, executors, and administrators do covenant , grant, bargain and agree to and with the said parties of the second part, their heirs and assigns,that at the time of the easealing and delivery of these pres- i eats they are well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fa simple, and have good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid,end that the same an free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature saner. Subject to any exceptions, conditions, restrictions and reservations of record; also subject to taxes for the year 1973, due and payable in 1974, and subject to taxes for all subsequent years. and the above bargained-premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or the said parties of the first part shall and will WARRANT AND FOREVER D)al►CND any part thereof, . IN WITNESS WHEREOF the said part ies of the flat part have hereunto settheirband s and i seals the day and year first above written. / Signed,Sealed and Delivered in the Presence of , >( Y .�..........1 _.._.._...._ [SEAL] ,Por idio Ybarra ra K • DUCAL] . li1"N"a � 4-1 4/a Ramer Ybarra STATE OF COLORADO, "•- !••l�% ••• ••• •••••••MAL) Petra Rodriguez, at rney in County of Weld r' By fact for Raymond Ybarra • �r o\' The j • zg�iitnent was acknowledged before me this 17th day er May ls�yF a Ybarra and Petra Rodriguez as attorney in fact for Raymond Ybary�?' / riion Ybarra. May '°" i°i.'exidesi, Jan. 13 , 1974 .Witness my hand and official seal. ,.'• .:..' \• r J �� L..14,d>. 4ziri �/�"• Notary raYY. a No. 921. WARRANTY uBED-lTe Jebel Tetsa4.—Bradford Publishing Co.,Ier411 Stout Street,Deaver.Colwnde—yin •11 by natural 7•arson nr persQae non insert noun,or anw• 1r br ppeiton acting m ntatWe or offjeW capacity Or Se attorney-•u f ct, than Insert n of person its executor, or tt or coped of deocrtption• it by officer of nor- pontloonedhenewf, Revels-me of such orrfoer or officers t Ills president or other Office of suck corporation, naming IL—afMrtory p+ t-1 Colorado Itnlsed Statutes les. Gam.. •_ C L 1 �p jr _ _ _ ___ Hello