HomeMy WebLinkAbout750412 RESOLUTION
WHEREAS, it has been determined by the Board of County Com-
missioners, Weld County, Colorado, that Marshall D. Smith, 669 West
100th Avenue, Denver, Colorado, is the owner of 10 acres of land, and
Mr. Smith desires to split off from said parcel of land a portion con-
taining approximately 5 acres; said whole parcel of land being more
particularly described as follows, to-wit:
The South 330 feet of the North 825 feet of the
Northwest Quarter (NW+) of the Southwest
Quarter (SW4) of Section 32, Township 1 North,
Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, Mr. Smith is desirous to split the land into two 5
acre parcels, selling off one parcel and keeping the balance of the 5
acre parcel, intact and for his own use, and
WHEREAS, it appears that to accomplish this purpose, Mr. Smith
may apply for a recorded exemption from the subdivision regulations of
Weld County, as same is defined in Section 9-4 of the Weld County Sub-
division Regulations, and
WHEREAS, in addition to evidence presented by Mr. Smith, the
Weld County Planning Commission Staff has presented evidence, made
representations concerning the desirability of granting said variance,
and
WHEREAS, the Board of County Commissioners feels that when
all of the evidence and representations are considered, good cause for
granting a variance from the minimum lot size requirements of the Weld
County Zoning Resolution has been shown.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the
powers granted to the County under Chapter 106 CRS 1963 and Section 9-4
a(6), Weld County Subdivision Regulations as amended; that Mr. Smith is
granted an exemption from the lot size requirements of the Weld County
Zoning Resolution,
BE IT FURTHER RESOLVED, that this Exemption is allowed so
that Mr. Smith may proceed to apply for a Recorded Exemption and the
lot size variance is conditioned on Mr. Smith applying for and doing all
necessary to obtain said Recorded Exemption within one (1) year, and
said variance is limited to Mr. Smith, and will terminate if he sells or
otherwise discontinues his interest in the above mentioned land prior to
obtaining approval for and recording the above mentioned Recorded Exemp-
tion.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 9th day of April, A.D. , 1975.
BOARDOF COUNTY COMMISSIONERS
WELD.COUNTY, COLORADO
ATTEST: „7,4 ' c<r . / ✓, � CZZ7> ,,
Weld County Clerk and Recorder
and Clerk to the Board
/Y Deputy County lerk
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APPR.9VEDAS TO FQRM:
7-7i/z4 .<2-4/ ,j,/k
PLIIy "1
County A tterney
750412
;
RECEIPT FOR CERTIFIED MAIL-300 (plus postage)
SENT TO POSTMARK
Marshall D. Smith OR DATE
STREET AND NO.
669 W. 100th Ave.
P.O., STATE AND ZIP CODE
Denver, Colo. 80200 4/11/75
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date dell .. 15Q
RECEIPT With delivery to addressee only 654
SERVICES
E 2. Shows to whom,data and where delivered., 354
With delivery to addressee only 854
DELIVER TO ADDRESSEE ONLY .. . 50e
SPECIAL DELIVERY (extra fee required
Zi PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL
GPO:IB42 O-aa0-419
i i
t �_ OFFICE OF THE PLANNING COMMISSION
VP JOHN J. JUNTUNEN SMOIII
PLANNER
1516 Hospital Road
PHONE (303) 353-2212 EXT.227,228& 229
ISINIISNIS
GREELEY,COLORADO 80631
7
WIIDc.
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COLORADO March 31 , 1975 -
Ai / 1 f ,,
Board of County Commissioners
Weld County, Colorado
Greeley, Colorado
RE: LSV-11 :75:5
Sirs:
The enclosed letter is a request by Marshall D. Smith for a Lot Size
Variance so he may apply for a Recorded Exemption. The Lot Size Variance
refers to the splitting of ten acres of non-irrigated agricultural land
into two five-acre lots. Section 9-4A(6) of the Weld County Subdivision
Regulations requires:
(' . . .that the original tract or parcel of land to be divided under
this Section meets the minimum lot size requirements established
by the Weld County Zoning Resolution; variance from this require-
ment being allowed only upon good cause being shown to the Board
of County Commissioners or where said tract or parcel of land
lies within the comprehensive plan area of an existing incorpor-
ated town of Weld County. (Rev. 4-17-74)" . . .
Based on the information received and Weld County Regulations, the Planning
staff recommends denial of the Lot Size Variance for the following reasons:
1 . The Weld County Comprehensive Plan states: ". . .new residential
developments which are not closely connected to and served by muni-
cipal utilities and services shall be discouraged. " (This property
lies approximately three miles south and one mile east of Erie,
Colorado, and does not lie within the serviceability area or compre-
hensive planning area of the Town. )
2. ection 3.14 of the Weld County Zoning Resolution states that
e 'nimum lot width per principal use in an A-D District is 180
fee . (The two five-acre lots would have 165 foot road frontages. )
• spe fully u tted,
homas E. Honn
Zoning Administrator
TEH/lj
Enclosure WELD COUNTY COMMISSIONERS
SI
GLENN K. BILLINGS
ROY MOSER
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�,�h0bt 181.4�0�� March 13, 1975
MAP1915 *)
To: Board of County Commissioners, o RECEIVED it
From: Marshall Dale Smith a' '
eP Amain woman
In November of 1973, we sold one-half of the South 330 feet of the
North 825 feet of the N W * of the S W * of Section 32, Township 1 North,
Range 68 West of the 6th P.M. Weld County, Colo. to Robert and Dorothy
Mussack.
The Mussack's and us had all paper work drawn up by a Attorney, Marvin
Dansky. He didn't mention Sentate Bill35 or it was illegal under Colorado
law to sub-divide the ten acres.
The well we have put in is sufficient to supply three homes and one
acre under cultivation according to the Division of Water Resources. They
also said we could get another well permit for the other five acres. Our
well is for Domestic and Livestock use.
This sale was due to help obtain funds for building a home, purchasing
livestock, and drilling a well.
Our plans is to build a home and raise livestock ( Horses & Pigs ) . We
now have livestock at my brothers farm and would like to have them on
our own land.
The Mussack's plan is to establish a wormery and at a later date build
a home. No large amIkunt of water willbe needed in the wormery operation.
Neither party had the funds to re-purchase the other interest and
continue our individual plans. We have tried to sell the property jointly
and have had no success.
We are requesting a lot size variance after a meeting with the Planning
Commission.
Thank You !
3ka
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Department
I, 1 BOARD OF HEALTH
County G l (�It�t q�epartment CLARENCE SITZMAN. GREELEY
FRANKLIN D. Y 1516 HOSPI'AL ROAD RALPH AAB. GREELEY
R, MD. MPH CATHERINE DENSON. AULT
o IR ECTOTOR GREELEY. COL'IRA 80631 ANTHONY LEMBACH. GREELEY
303) 353-0540 DAVID WERKING. DOS, GREELEY
March 14, 1975
TO WHOM IT MAY CONCERN:
The Soil Test for the following Recorded Exemption has been
approved by the Weld County Health Department.
Owner: Marshall D. Smith
Address: 669 West 100th Avenue
Denver, CO 80221
Location: SWZ, Section 32 Township 1 North, Range 68 West
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Glen E. Paul, Director
Environmental Health Services
GEP/hv
EXHIBIT A .
_T:_.. _______. —. __ .._.__..._._ _. _.--__ --:.
I The i ,ea portions of wt„twat uprooted 55 the for use in sale of i
Colorado Real r:.inlo Cornmflon l l IA-7-9,)
-- ----- VACANT LAND ONLY P
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RECEIPT AND OPTION CONTRACT
(VACANT LAND) ii
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May 8 is 72 IIi
I RECEIVED FROM_ 'oar:'hall h. . Soli till & Joanne _Snli.th.._ 'll
Purchaser (as joint to in : ants), the nl u of $ 1,000. 00 II
_- alt t _ —. . II
the form of _._check _— —_ — to he held by Schultz_ Re_ broker, I
in his escrow or trustee account, n.+ earnest money and part payment for the following described real estate situate in I',
the.- __ County of_. _ _Weld ,Colorado,to wit: ,
S. 330' of the North 825' of N.W. 1/4 of S.W. 1/4 of Sec. 32, Weld County, II
; Colorado
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with all easements and rights of way appurtenant thereto, which property paroba_-er agrees to buy upon the following I'
terms and conditions for the purchase price of $ ]- %, `00.0(.; , payable as follows $__1,000-00__—. - it
hereby receipted for, ¶..1 6,.50.0.00__ _ _ Payable as follows : I I
$6,000.00 in cash or certi Lied funds at time of closing, balance of $10,500.00 H
payable in quarterly instalin:ents of $477.00 or more without penalty, bearing
interest at 77 per annum for a period of 7 years or until paid in full, Final
closing to be contingent upon sellers closing of all of 80 acres of which II
I aforesaid peir_e] of land is a thereof. 507 of all mineral rights to I
become property of buyers at time of closing. I'
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Price to include: i!
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1. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in
an amount equal to the pun:La.:e price, at seller's opt ion and expense, shall be furnished the purchaser on or before I
____ June 5 -_ 19__72_. If seller elects to furnish said title insurance commitment, seller I
will deliver the title insurance policy to purchaser after closing and pay the premium thereon. II
2. Title shall be merchantable in the selloc. Subjeat to payment or tender as above provided and compliance with
II
the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient II
___gc..ne Ia1__._ warranty deed to said purchaser onnr_be. ore_Jtme 22__ __, ip-72_, or, by nil
mutual.agreement, at an earlier date, conveying said property free and cleat of all taxes, except the general taxes ']
for l'J-7'?__, payable January 1, 10_23_,and except casements,__restric t ions,__e se rile ri on r- O1 —
e_csad.,__:4f_any, I
_____.__._____-__ _. _ ; free and clear of all liens for special improvements now installed,whether assessed or
not; and free and clear of all liens and encumbrances except:
and except easements for: II
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and subject to building and zoning regulations and the following restrictive covenants:
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3. General taxes for :'J_!2. ., (based on 19. 1] levy and 191.1_ assessment), prepaid rents, interest on en- I
cumbrances, if any, and special 1 taxes of record. —,
shall be apportioned to date of delivery of deed.
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4. The hour and place of closing shall he as designated by - Seller. ---- -- ---
6. Possessoli of premises shall be delivered to purchaser on' da Ce of closing_
subject to the following lenses or tenancies:
6. In the event the premises ale substantially damaged by fire,flood or other casualty between the date of this
agrttna-nt and the date of pas:assien of the date of delivery of deed, whichever shall be earlier, this agreement may,
at the option of the purchaser herein, be daatared null and void and any deposit herein made shall be immediately
returned to pur'ehuscr.
7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or
performed by purchaser as herein provided, then this contract shall be null and void and of to effect, and both
parties hereto released from ell obligations hereunder, and all payments made hereon shall be retained on behalf of
the seller, as liquidated damages.
8. In the event the seller fails to approve this instrument in writing within __._- -.-- days from the date
hereof, or if title is not merchantable and writ km notice of defects is given to the seller or agent within the time
herein provided fry delivery of deed and shall not he rendered merchantable within 00 days after such written notice,
then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from
;all obligations hereunder ;did the payments made hereunder shall be returned forthwith to purchaser upon return of
the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 60
days, obtain a commitment for Owner's Title inauranee Policy in the amount of the purchase price showing the title
to be free from such defects and seller shall pay Cull premium for such Title Insurance Policy.
9. Additional Provisions: •
Release to be issued in tracts of 10 acres upon receipt of payment in full.
Foreclosure cannot be consumiLtated until quar'herly installments becotres -
delinquent 90 days.
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10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and
shall inure to the benefit of the heirs, successors and assigns of said parties.
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9 ,.� 40.14..- e,:.•. '+,y,..e. i Agent
l'urd,wer ~��- - mute,
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— -Porch r Pau:
i _, 19_ and agrees to pay a
Seller approves the above contract. this _. - � day of — _— - - _ _ __ _..
commission of _^b of the gross sales price fur services in this transaction, and agrees that, in the event of
forfeiture of payments made by I .ns'h t. r, sorb payment t shall be divided between the seller's broker and the seller.
one half thereof to said broker, bat nut to Txceed the commission, and the balance to the seller.
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Seller
--___ .f r
Seller ..
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I'meb�;er's Address _ _ .. _.. _ ..
Seller's Address
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C_ .. _ ,. it ,,.._. V.�1 .. G1 l;.'- , ter' '
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RECEIPT AND OPTION CONTRACT
November 15, 1973
RECEIVED FROM Robert 13. Mussack and Dorothy M. Mussack, Purchaser,
(as joint tenants) , the aura of Five Thousand Dollars (85,000.00) in the form of check,
to be held by Marshall D. Smith and Joanne Smith, as earnest money and part payment
for the following-described real estate situate in the County of Weld, Colorado, to-wit:
The South one-half of The South 330 feet of the North 825
feet of the Northwest Quarter of the Southwest Quarter of
Section 32, Township 1 North, Range 63 West of the 6th P.M. ,
except 50^5 of all mineral rights therein
with all easements and rights of way appurtenant thereto, which property purchaser
agrees to buy upon the following terms and conditions for the purchase price of
Sixteen Thousand Dollars ($16,000.00) , payable as follows: Five Thousand Dollars
($5,000.00) hereby receipted for: a non-interest bearing promissory note payable
six months from date in the amount of One Thousand Dollars ($1, 000.00) , and the
balance of Ton Thousand Dollars ($10, 000.00) payable in equal monthly payments
bearing interest at six and one-holf per cent (6-1/2%) per annum for a period of ten
years from closing.
It is understood and agreed that this contract is subject to the terms and
conditions of the Smith contrast of May 8, 1972, a copy of which is entitled "Exhibit
A" and attached hereto.
1. An abstract of title to said property, certified to date, or a current
commitment for title insurance policy in an amount equal to the purchase price, at
seller's option and expense, shall be furnished the purchaser on or before November
30, 1973. If seller elects to furnish said title insurance commitment, seller will
deliver the title insurance policy to purchaser after closing and pay the premium
thereon.
2. Title shall be merchantable in the seller. Subject to payment or tender
as above provided and compliance with the other V: rrns and conditions hereunder by
purchaser, the seller shall e_rocute and deliver a good and sufficient special warranty
deed to said purchaser on or before November 30, 1973, or by mutual agreement, at
an Earlier date, conveying said property free and clear of all taxes, except the gen-
eral taxes for 1973, payable January 1, 1974, and except easements, restrictions,
and reservations of record, if any, and first and second deeds of trust; free and
clear of all liens for special improvements now installed, whether assessed or not;
and subject to building and zoning regulations and restrictive covenants.
3. General taxes for 1973, based on 1972 levy and 1972 assessment,
prepaid rents, interest on encumbrances, if any, and special taxes of record, shall
be apportioned to date of delivery of deed .
4. The hour and place of closing shall be as designated by seller.
5. Possession of premises shall be delivered to purchaser on date of
closing.
6. Time is of the essence hereof, and if any payment or any other condition
hereof is not made, tendered, or performed by purchaser as herein provided, then
this contract shall be null and void and of no effect, and both parties hereto released
from all obligations hereunder, and all payments made hereon shall be retained on
behalf of the seller, as liquidated damages.
7 . In the event the seller fails to approve this instrument in writing within
five days from the date hereof, or if title is not merchantable and written notice of
defects is given to the seller or agent within the time herein provided for delivery
of deed and shall not be rendered merchantable within GO days after such written .
notice, then this contract, at purchaser's option, shall be void and of no effect and
each party hereto shall he released from all obligations hereunder and the payments
made hereunder shall be returned forthwith to purchaser upon return of the abstract,
if any, to seller; provided, however, that in lieu of correcting such defects, seller
may, within said 60 days, obtain a commitment for Owner's Title Insurance Policy in
the amount of the purchase price showing the title to be free from such defects and
seller shall pay full premium for such Title Insurance Policy.
g. Upon approval hereof by the seller, this agreement shall become a
contract between seller ,end purchaser and shall inure to the benefit of the heirs,
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successors and assigns of said partios.
--"J �.� / � _�. 1. � �1•. � � ,r �•�".
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Purchaser" Purchaser Dorothy M. Mussack viiut,�rt n . Must+ �k , ;
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• --- `` Snit Soller Joanne Smith Seller
Marshall D.. Smith
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