HomeMy WebLinkAbout790811.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 398 - JAKE BORUNDA
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 6th day of June, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of land, as shown on the plat known as Recorded
Exemption No. 398, being the property of Jake Borunda, described
as Part of the Southwest Quarter of Section 24 , Township 2 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, being more
particularly described as follows:
That part of the Southwest Quarter of Sec-
tion 24 , Township 2 North, Range 68 West
of the 6th P.M. , County of Weld, State of
Colorado, described as follows:
Commencing at the Southwest corner of said
Section 24 , running thence East 1640 feet
along the South line of said Section 24 to
the TRUE POINT OF BEGINNING; thence North
perpendicular to said South line a distance
of 1320 feet; thence East parallel with said
South line a distance of 330 feet; thence
South perpendicular to said South line a
distance of 1320 feet to a point of said
South line; thence West 330 feet along said
South line to the TRUE POINT OF BEGINNING.
The abovedescribed parcel contains a gross
acreage of 10. 0 acres more or less.
The abovedescribed parcel is subject to a
30. 00 foot wide reservation for County Road
along the Southerly side thereof.
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"
790811
pursuant to its authority under Section 30-28-101 (10) (d) , CRS
1973, as amended, and Section 2-1A(3) of the Weld County Subdi-
vision 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 Jake Borunda 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, subject to the applicant amending the
Recorded Exemption plat to show the Geologic Hazard Area on the
Vicinity Map prior to recording the plat.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
June, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(11' ,/7/4-elly
ATTEST: 7 :r
Weld County Clerk and Recorder
lerk to the Boa
By:
e uty ounty er
AP ED AS TO FORM:
GI
County Attorney
DATE PRESENTED: JUNE 11, 1979
b+ RECORDED EXEMPTION NO. 3-24-3— RE398
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DATE: April 30, 1979
OWNER: Jake and Virginia W. Borunda
E.A.9T 330.00
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RECORDED EXEMPTION NO. a .-24-3-RE398
n' DATE: April 30, 1979 D
OWNER: Jake and Virginia M. Borunda 110,5J/wig
t�,� n �ESCRIP ION „ , .., .. ..r . . .�.., .,,..•.,. �..,,..:... ce:
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Commencing at the Southwest corner of said Section 24, running thence East 1,640 feet
along the South line of said Section 24 to the TRUE POINT OF BEGINNING; thence North
11 perpendicular to said South line a distance of 1,320 feet; thence East parallel with
said South line a distance of 330 feet; thence South perpendicular to said South line
a distance of 1,320 feet to a point of said_South line; thence West 330 feet along said_.
li
lit the UE P ikelrtOINT F � 9 1. a .Ra rek'r �k*itt,tvki444'&4'w1,,,,4. *
e describedparcel contains a gross acreage ofA10.0 acres more or less:" =44
FatThe above described parcel is subject to a 30.00 foot wide reservation for County Road
' along the Southerly side thereof.
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eta. rtlfy,^that his plat was trepared undetfm'r'^supervis'_dn'an$ re,
correct tot eest of'my knowledge'•end'be13e .
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gz' :, it, 4 4. ,,c,...,,y, ,..., Edward L. Berlier, - .S. , 10 ; —.P:%SUNS;:•�QO•�
R i r♦., ,p a a,.a - T ! fo9F COL'4,,
e atce and rginia W Borunda, being the" sole owners in 'tee of-the- above' cleat I ed
VII e.,.. .ope y .
property �o hereby divide the-same'as'shown od` the"attached map. .mw
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The foregoing certification was acknowledged before me this 71irk day of i►_n r
PC
A.D. , 19 79. „ fSr y p Q
S My commission expires 'V 0 V, 1 f! I 19
Notary Public Witness my Hand and Seal
te4 yI
inhe••scevmpanyillgy pietwia-acaeptedandap ,
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
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DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
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June 6, 1979 -
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Board of County Commissioners v
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Recorded Exemption #398
Dear Commissioners :
The attached application, plat and related items are in reference to
a request for a recorded exemption by Mr. Jake Borunda. The pro-
perty is described as Pt. SW4 Section 24, T2N, R68W of the 6th P. M. ,
Weld County, Colorado . The property is located 1/2 mile west of the
Town of Firestone on Weld County Road 18. The property contains ap-
proximately 10 acres of Class IV non-irrigated soils . The request
is to split the property into two parcels , each 5. 0 acres in size.
On March 7 , 1979, the Board of County Commissioners approved a request
by Mr. Borunda for a lot size variance so that he could make applica-
tion for this recorded exemption. At the time they made the decision
on that request, the Department of Planning Services Staff submitted
a letter of recommendation to the Board. A copy of that letter of
recommendation for approval is included in the attached packet.
Nothing has been received by our office that would change our recom-
mendation of approval for this request as outlined in the letter to
the Board of County Commissioners dated March 7 , 1979.
On April 12, 1979 , the Weld County Board of Adjustment granted Mr.
Borunda a variance of 15 feet from the 180 foot minimum lot width
requirement on two proposed lot as set forth in Section 3 . 14 of the
Weld County Zoning Resolution. Therefore, the request complies with
the provisions of Section 9-4 A. of the Weld County Subdivision
Regulations .
Board of County Commissioners
Page 2
June 6, 1979
Mr. Borunda has complied with Weld County Supplementary Regulations
Concerning Geologic Hazards .
The Department of Planning Services ' recommendation for approval is
conditional upon the applicant amending the plat to show the Geologic
Hazard Area on the Vicinity Map prior to recording the plat.
Respectfully,
0; ..'x„ .14,.
Vickie Traxler
Assistant Zoning Administrator
csd
APPLICATION FOR RECORDED EXEMPI ,ON
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . u21, 31% APPL . FEE 1 S. CAD
ZONING DISTRICT IN RECORDING FEE y , OO , Il -7'I
DATE Mckfs , It1 j RECEIPT NO . ICD`I SS
APPL . CHECKED BY V [
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 : County of Weld, and State of
Colorado, to wit: That part of the Southwest Quarter of Section 24, Township 2 North,
Range 68 West of the 6th P.M. , County of Weld, State of Colorado, described as follows:
Commencing at the Southwest corner of said Section 24, running thence East 1,640 feet
along the South line of said Section 24 to the True Point of Beginning; thence North
perpendicular to said South line a distance of 1,320 feet; thence East parallel with
said South line a distance of 330 feet; thence South perpendicular to said South line
a distance of 1,320 feet to a point on said South line; thence West 330 feet along said
South line to the True Point of Beginning.
ACREAGE : Lot "A" 5 ; Lot " B" 5 ; Total 10
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X
Are there any existing improvements on Lot A? Yes X No
Lot B? Yes No X
FEE OWNERS OF PROPERTY :
Name : Jake & Virginia M. Borunda Address 5327 Weld Co. Rd. 18phone 772-0184
Name : Address Phone
Name : Address _ Phone
WATER SOURCE FOR : Lot "A" Central Weld ; Lot " B" Central Weld
TYPE OF SEWER FOR : Lot "A" Septic System ; Lot " B" Septic System
PROPOSED USE FOR : Lot "A" Single family res. ; Lot " B" Single family res.
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 to the best of my knowledge .
COUNTY OF WELD
STATE OF COLORADO ) i � k- /;�y���,,,,,U�= j/� a�1�� � a41„4
gnature : Owner or Authorized idnt
Subscribed and sworn to before me this 'N& day of WIRY , 1979 .
SEAL cuilawnte...„ MC) �1
Notary Public
Nov, l7 19B (
My Commission expires :
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DEFAR f:EN7 OF PL,:-1.*:':,'";
PHONE i303 3564000 Et' <._
915107,- ET: EE"
GREELEY,COLOR 4DO ,:!531
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COLORADO
March 7, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #84
Dear Commissioners:
The attached letter and related materials are in reference to a re-
quest by Jake Borunda. The parcel of land is described as Pt . SW*
Section 24, T2N, R68W of the 6th P. M. , Weld County, Colorado. The
parcel is located 1/2 mile from the Town of Frederick. The property
contains approximately 10 acres of Class IV non-irrigated soils. -
The request is to obtain a variance from the minimum lot size require-
ment , Section 9-4 A. (6) so that Mr. Borunda may make application for
a recorded exemption.
If this lot size variance is granted, Mr. Borunda will proceed with
an application for a recorded exemption to divide the property into
two parcels. One parcel , which Mr. Borunda desires to sell contains
approximately 5 acres including Mr. Borunda' s present residence. The
other 5 acre parcel is in hay- and natural grasses and at present has
no improvements. Mr. Borunda desires to build a smaller residence on
the second parcel.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends this
request be approved for the following reasons :
1. The request is in compliance with the policies of the Weld County
Comprehensive Plan in that to minimize conflicting land uses, resi-
dential development will be encouraged to locate adjacent to exist-
ing towns and in accordance with the comprehensive plans and stated
wishes of each community. The parcel of land is located within 1/2
mile of the Town of Firestone and is located in the Tri-Area Com-
prehensive Plan future low density residential district . The Tri-
Area Planning Commission has no objections to this request .
V,
.
Board of County Commissioners
Page 2
March 7, 1979
2 . The proposed split conforms with Section 9-2 of the Weld County
Subdivision Regulations ( intent clause of the recorded exemption
procedure) , Section 3 . 3A. of the Weld County Zoning Resolution
( intent clause of the Agricultural Zone District ) , and the Weld
County Comprehensive Plan in that the use will be compatible
with surrounding agricultural uses. The parcel has a low utility
for agricultural use due to the small size of the parcel .
3. The request complies with Section 9-4 A. (6) of the Weld County
Subdivision Regulations because in the opinion of the Departmnent
of Planning Services Staff , the applicant has shown good cause
for the variance.
ZectullYs2&
Thomas E. Bonn
Zoning Administrator
VT/csd
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Mr. Jake Borunda
5327 Weld County Road =18
Longmont, Colorado 80501
February 1, 1979
Weld County Commissioners
915-10th
Greeley, Colorado 80631
Gentlemen:
This letter is to advise you of my reasons for making application to
divide my ten acres into two equal five acre lots and my future plans
for the property. They are as follows:
1. I plan to sell my house and five acres and retain the remaining
five acres to build a smaller home for my thirteen year old
daughter and myself.
2. My daughter is enrolled in the Firestone school area and she
would like to remain at her present school.
3. Our present location is 1/2 mile from Firestone and is very
convenient for my daughter's school activities.
4. At this time, we have a horse and other smaller animals. Next
year my daughter will be joining 4-H and will need the space for
her projects.
5. My recent divorce necessitates the sale of our jointly owned
property. The separation agreement does allow until 1983 for
the sale and settlement of the property but we would like to
sell the property and divide the funds equally so that we may
each plan our own futures.
6. My present home is too large for my daughter and myself to
maintain.
7. I raise hay for my own private use and have all my own
equipment, which I now store on my own property and I would
continue to do so.
8. I also raise hay for my neighbors. In exchange for this hay,
they help with the expense and upkeep of the equipment.
Page 2
9. We have a close community feeling with c_ neighbors in the area.
My daughter, especially, would hate to l=ave her neighborhood
friends.
The surrounding area of Firestone is being develc_-a at a steady rate. Dream
Acres Estates, an 80 acre plot, has been develop: -.to five acre tracts and
is located directly South of my property. The Zaaei Ranch project is
scheduled to begin development in the near future. :his project will in-
clude private homes, a golf course and a shopping center. The Zadel Ranch
project will be located 1/2 mile East of my home.
I am within a three mile radius of Firestone. The Weld County Health
Department has inspected my property and determine= that it is feasible
for a new leach field and septic system to be located on the proposed five
acres. If the proposed five acre split is approved, I can obtain a water
tap.
I feel that due to the continuing development of t=e Firestone area, the
division of my property would not in any way detract from my neighbors'
property or the surrounding area.
I appreciate your review of this situation. Thank you very much for your
consideration.
Sincerely,
-Jake Borunda
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��� TRI-AREA PLAN'N'ING COMMISSION
Box 363 FREDERICK, COLORADO 80530
February 20, 1979
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Dear Sirs*
At their regular meeting on February 14, 1979, the Tri - Area Planning
Commission voted favorably on the Lot Size Variance request submitted by Jake
Borunda for Pt. SW4 Section 24, T2N, R68W.
This area is already divided into smaller acre tracts. Mr. Borunda is
planning to build one more home in the 10 acres he owns and there are no future
plans for more homes to go into the two five acre plats.
Thank you.
Sincerely,
/n,,,
61 8 9101j,_ 'r4(/ 19LLi �L�t�FJ�
k 9 /� (Mrs. )Deborah Smdhler
P� - C Secretary
k ' F Tri - Area Planning Commission
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CENTRAL WELD COUNTY WATER DISTRIJT
( ::i
105 18TH STREET DALE D. OLHAUSEN
�/j PHONE (3O3) 352.1284 GREELEY. COLORADO 8O631 MANAGER
\
January 9, 1979
Mr. Jake Borunda
5327 Weld County Road 18 •
Longmont, Colorado 80501
RE: Water Service
Dear Mr. Borunda:
This letter is in response to your request for the availability of
additional water service for the following described property:
(See Attached Legal Description)
Water service is presently available to the above described property
by tap number 776 . Additional water service can be
made available to this property provided all requirements of the
District are satisfied.
Central Weld County Water District requires that contracts be con-
sumated within one year from the date of this letter, or this letter
shall become null and void unless extended in writing by the District.
Very truly yours,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D. Olhausen
Manager
DDO/sb
•
•
IV el4/ BOF.RD OF "EA'_TH
County Health Department
ANKLIN o YGDER. AI,^,. MPH ALL AI
Dneclor 516 HOSPITAL ROAD .
D DR',E DEO FKE G Gee
GREELEY, COLORADO 80631 A M DOL,rNGJEZ JR ,0 G e'-e.
ALINE TT E M LOPEZ G ef
(303)353-0540 FRANK MYERS M P H W nom),
HERSCHEL PHELPS JR M D
G,eeley
KATHLEEN SHA'JGHNESSY PHN full
ARTHUR G WATSON Pa if,lie
January 11 , 1979
Jake Borunda
5327 Weld Co. Rd. 18
Longmont, CO 80501
TO WHOM IT MAY CONCERN:
The Recorded Exemption requested by you on property located in
the SW' , Section 24, Township 2 North, Range 68 West, has been
reviewed by environmental health staff and no apparent conflict
with health regulations is indicated.
Sincerely,
:9- gal
JQJin G. Hall , M.P.H. , Director
Environmental Health Services
JGH:dr
.. 7 ..._... ...„ ...„.„ r ,..
Ill To Planning Commission Date February 15, 1979
COLORADO (From rom Gilman E. Olson, Utility-Subdivision Administrator
subject, Jake Borunda (L.S.V. )
There are no engineering problems anticipated by this request.
Any new access must have prior approval .
(271
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Gilman E. Olson
Utility-Subdivision Administrator
GEO:sar
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FIELD CHECK
FILING NUMBER: LSV-84 : 79: 3 DATE OF INSPECTION : 3/2/79
NAME: Jake Borunda
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . SW* Section 24 , T2N, R68W
LAND USE: N Agricultural
E Agricultural (Site for Zodel)
S Rural Residential - A
w Agricultural
ZONING: N Agricultural
LOCATION: 1/2 mile from the E Agricultural
Town of Firestone Agricultural
W Agricultural
COMMENTS:
Parcel contains 1 residence and garage. Access is existing to County
Road 18 (paved) . Remainder of parcel is in hay and natural grasses.
An oil well head is located immediately adjacent to the northeastern
corner of the parcel . I could not locate the mine dump as shown on the
air photo. There are approximately 6 houses to the west of the parcel
along County Road 18 . There are approximately 4 houses to the east on
County Road 18.
BY: 1 ', ,L„� 1 r",4L-1-_ >x.
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RICHARD D. LAMM * R' kfr-T' R * JOHN W. ROLD
GOVERNOR P'a j .r.�** Director
2816
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE 1303)839-2611
April 23, 1979
Ms. Vicky Traxler
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Dear Ms. Traxler: RE: BORUNDA, RECORDED
EXEMPTION
At your request, we have reviewed the exemption request by Mr. Jake
Borunda which subdivides his property into two lots. Based on the
information we were able to find concerning the coal mines in the
area, we believe that there is no reason to deny this application.
We understand that the western lot which is closer to the mining
already has a structure on the southern end of it. The western side
of the eastern lot is approximately' 250 ft from the nearest known
mining. This mining consists of a shaft called the Evan Jones and
there is no report of any production from this shaft. The Davies,
misspelled on our maps as Davis, is reported to have had 30,000 tons
of production. The only maps located which show these mines were on
microfilm obtained from the U.S. Bureau of Mines. Although the data
are poor we feel a very reasonable margin of safety exists between
the reported Evan Jones shaft and the eastern lot of the subdivision.
If we can be of further assistance, please contact our office.
n4/
rely,
el( 1/7 ,
David C. Shelton
Engineering Geologist
DCS/vt 'LOtoricito
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RECORDING DATA - MAPS 6 PLA1,,
NAME OF SUBDIVISION Recorded Exemption #1313-24-3-RE 398
?NAME OF SUBDIVIDER Pt. SW14 Sec. 244T. 2 N. , R. 68 W. of the 6th P.M.
y1. OrATION OF SUBDIVISION Jake and Virginia W. Borunda T ^-
DATE OF RECORDING JUN 121979 BOOK 87j RECEPTION # 1793359
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
2
DEPUTY COUNTY CLERK 6 RECORDER
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