HomeMy WebLinkAbout841059.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 698 - KENDRICK AND BELVA
SPOONER
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, pursuant to its
authority under Section 30-28-101 (10) (d) , CRS, as amended, did
determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into two parcels,
as shown on the plat known as Recorded Exemption No. 698 , does
not come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS , the request for Recorded Exemption No. 698 was sub-
mitted by Kendrick and Belva Spooner for property being located
in Part of the SWa, Section 32, Township 5 North, Range 64 West
of the 6th P.M. , Weld County, Colorado, being more particularly
described in the plat which shall be provided by the applicant
and known as Exhibit "A" , said plat to be recorded, and
WHEREAS , this request is to divide the property into par-
cels of 27 acres and 5 acres, more or less.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the hereinabove de-
scribed parcel of land be, and hereby is, exempt from the defi-
nition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicant submitting a mylar plat to the
Department of Planning Services to be recorded in the office of
the Weld County Clerk and Recorder. The plat shall be drawn in
accordance with the requirements of Section 9-2C. (4) of the Weld
County Subdivision Regulations. The plat shall be submitted
within ninety days from the date of approval by the Board of
County Commissioners.
LD: ZON RE #698
Ce: 40,
841059
Page 2
RE: RE #698 - SPOONER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
August, A.D. , 1984 . BOAR�
ATTEST: a % 44Ate tCtrh1 COUNTY,WELD D OF COUNTY COMMISSIONERS
COLORADO
Weld County Clerk and Recorder
and Clerk to the B d Norman Carlson, Chairman
•
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De uty County erk acq line 69-c... ..\4;as , \tvIVierv- -
rp nson, Pro-Tem
APPROVED AS TO FORM: EXCUSED
Gene R. Brantner
Coun y Attorn y Ch���c))k Carlson
ci4e0 J Martin
t?^1.059
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C LORADO.
August 8, 1984
4
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #RE 698
Dear Commissioners:
The attached application, plat and related items are in reference to a request
from Kendrick and Belva Spooner for a recorded exemption. The parcel of land
on which this request is being made is described as Part of the SW14, Section
32, T5N, R64W of the 6th P.M., Weld County, Colorado.
The property is located 2 miles southwest of Kersey on Weld County Road 50.
The property contains approximately 32 acres of Class IIIe, IVe irrigated and
IVe, VIe nonirrigated soils. The parcel of land under consideration is the
total contiguous land holdings of the applicant.
into np The est is to e moreroruless. Mr. and Mrs.le Sp
ooner would likeels of 27 to create acres
separate 5c acre site for residential purposes.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved for
the following reasons:
1. The request complies with Section 9-2C. of the Weld County
Subdivision Regulations submission requirements; and
2. The request complies with Section 9-2E. of the Subdivision
Regulations as follows:
- The 32 acres, more or less, under consideration will
allow uses which are consistent with the intent clause of
the Agricultural Zone District. The uses will be
compatible with existing surrounding uses.
- The proposal was reviewed by the city of Kersey and was
found to comply with their long-range Comprehensive Plan.
€'n: .059
Board of County Commissioners
Page 2
- The proposal is in compliance with Section 1-3 of the Weld
County Subdivision Regulations and the proposed land
division complies with the Weld County Comprehensive Plan.
Therefore, the proposed use is consistent with efficient
and orderly development.
- The proposal does not exist in an overlay district area.
- The proposed lots meet minimum lot size requirements for
land division.
- Central Weld County Water District has indicated adequate
water service is available for this proposal.
- The proposed lots are not part of a recorded exemption
within the last five (5) years.
- The two lots proposed will have adequate access from Weld
County Road 50.
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be drawn in accordance with the requirements of
Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat
shall be submitted within ninety (90) days from the date of approval by
the Board of County Commissioners.
Respectfully,
lnS/n4
Michael S. Mullen, Current Planner
E4 059
FIELD CHECK
FILING NUMBER: RE 698 DATE OF INSPECTION: July 13, 1984
NAME: Kendrick and Belva Spooner
REQUEST: Recorded Exemption on 32 acres
LEGAL DESCRIPTION: Part of the SW1, Section 32, T5N, R64W
LOCATION: Approximately 2 miles southwest of Kersey; North of WCR 50 and east of WCR
51.
LAND USE: N Cropland
E 3 residences, Horse Around Stables, pasture, Gilmore Ditch, cropland
(alfalfa).
S Mobile home, pasture, 4 residences, WCR 50, cropland, 2 residences to SW.
W Cropland (hay) , WCR 51.
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Subject site is a 32 acre parcel which shares a common access to WCR 50, a gravel road.
Five homes share this access road which is sandy and at times, difficult to drive. The
32 acre parcel is located on a knoll and it is pasture land. Proposed Lot B has the
improvements: a yellow two-story residence, storage shed, travel trailer, fuel tank and
propane tank. No improvements are located on proposed �Lyot A. /'�
By: il//�(,'Cl f A.aCadSet.'hic., 232 .
Michael S. Mullen, Current Planner
Fr:1.059
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LEGAL LESCRIPTION P4-• Swa , ' S' �y
CASE NO. RE- 698
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SOIL CLASSIFICATION
SOIL NO. IRRIGATED NON-IRRICATE) PRIME
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APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
In\VI�PPL. FEE I00
0
—
CASE NO. CE (pia CORDING FEE
I�,� II
ZONING DISTRICT q CEIPT NO. 1-6i6-1
DATE viddictiamitoemJ pAPPL. CHECKED BY
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 page 2
TOTAL ACREAGE: 32
Has this property been divided rom or had divided from it any other property
since August 30, 1972? Yes No
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes yj No
FEE OWNERS OF PROPERTY:
Name: Kendrick L. Spooner
Address: 25455 WCR 50, Kersey, CO 80644 Phone: 284-6274
Belva E. Spooner
Name:
Address: 25455 WCR 50, Kersey, CO 80644 Phone: 284-6274
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Weld Central Smaller Parcel Weld Central
Septic tank Septic tank
• TYPE OF SEWER: Larger Parcel Smaller Parcel
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Agriculture
ACREAGE: Larger Parcel 27 Smaller Parcel 5
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) no
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 ) L ---
Signature: Owner or Authorized 7{ge
Suuseribed and sworn to before me this /O day of p , 19841.
(SEAL) U
Notary P lic
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My Commission Explos Oct 18, 1988'
My Commission expires:
' LEGAL DESCRIPTION:
KENDRICK L. & BELVA E. SPOONER
Part of Parcel "A" of Recorded Exemption No. 0963-32-5-RE 49 Recorded May 18, 1973,
in Book 692, un er Reception No. 1613511, Weld County Records, Being a part of the
SW4t Sec 32, T5N, R64W of the 6th P.M., Weld County, Colorado, more particularly
described as follows:
Beginning at the SE corner of the SW4 of said Sec 32; thence along the §orth—South
Centerline of Sec 32 NO°52'36" E 1, 302.24' to the T.P.O.B. ; Thence N 88 56'38" W
1, 322.28' to the W line of the E2 of SW4i thence along said W line N 0°55'22" E
1, 31g.93' to the East—West Center line of Sec 32; thence along said Center line
S 89 16'45" E 1, 321.22' to the Center of said Sec. ; Thence along the North—South
Centerline of said Sec S 0°52'36" w 460.00' to the NE corner of Parcel "B", Recorded
Exemption No. 0963-32-3-RE 49, as filed in the Office of Clerk and Recorder, records
of said County; Thence along the Northerly, Westerly, and Southerly lines of said
Parcel the following courses; N89°16'45" W 417.42' ; thence S 0°52'36" W 521.78' ;
thence S 89°16'45" E 417.42 to the North-South Centerline of Sec 32; thence along
said North-South Centerline S 0°52'36" W 343.89' m/1 to the T.P.O.B. Together
with the right to install utilities and to ingress and egress through that
certain 40.00' permanent easement for utilities ingress and egress as hereinafter
described, 40.00' permanenet easement for utilities ingress and egress across
portions of Parcel "A" hereinabove described, more particularly described as
follows: Said permanent easement is 40.00' in width, lying 20.00' from and
parallel with, and adjacent to as measured to right angles to the following
described centerline; Beg at SE Corner of said E2; thence along the S line of
said E2 N 88°56'38" W 233.11' to the T.P.O.B. ; tnence N 11°14'56" E 376. 15' to
t8e beginning of a tangent curve concave to the SE having a central angle of
8 08' 15" and a radius of 281.17' ; thence Northeasterly along the arc of said
curve 39.93' to the end of said curve; thence tangent to said curve N 19023' 11"
E 426.62' to aline lying 20.00 W of, as measured at right angles to and parallel
with the Norht-South Centerline of Sec 32; thence along said line N 0°52'36"
E 832. 16' to Southerly line of Parcel "B".
e ,10i .9
TO WHOM IT MAY CONCERN:
We the undersigned, being property owners apply for a recorded exemption
to legally separate our 32 acre parcel into a separate 5 acre parcel and
the remaining 27 acre parcel .
Our home is on the 27 acre parcel . We wish to separate the 5 acres off
the front of our property to be used as a separate building site.
This proposal is consistent with the policies of the Weld County Com-
prehensive plan in that the uses and nature of the land will not be
changed by this process.
The land now in question is zoned agriculture and shall remain with
primary agriculture use, thus insuring the proposal is consistent with
the intent of the zone district in which the subject property is
located.
Uses that will be permitted are limited to those permitted by the County
agriculture zoning ordinance which includes crop, pasture, and limited
animal husbandry. This is compatible with existing surrounding land
uses as these are presently engaged in the same uses.
The uses permitted will be compatible with the future development of the
surrounding area as permitted by the existing zone and with future
development as projected by the comprehensive plan of the County.
The property in question is not located within a 3 mile radius of any
municipality, but is in the Kersey School District.
This proposal will not be inconsistant with efficient and orderly develop-
ment as possible development will involve only one, one-family residence
being added which will not increase the density of the surrounding area.
Sewage disposal methods are septic systems in the area, which have been
shown to be effective in the area. The Central Weld Water District
does provide service to the area and will provide a tap for the parcel .
The property under consideration is not located in a flood plain, geologic
hazard, or Weld County Airport overlay district. This application complies
with section fifty (50) , overlay district regulations as outlined in
the Weld County Zoning Ordinance.
alue4061.c4—,
Belva E. Spooner
SckL. SPo9
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CENTRAL WELD COUNTY WATER DISTRICT
July 2, 1984
Kendrick Spooner
25455 Weld Co. Rd. 50
Kersey, CO 80644
RE. Water Service
Dear Mr. Spooner:
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 781 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 consumated within one ( 1 ) year from the date of this
letter , or this letter shall become null and void unless
extended in writjag by the District .
Very truly yours,
CENTRAL WELD COUNTY WATER DISTRICT
Dale D . Olhausen
Secretary - Mana'sr
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DEED OF TRUST
7th day of Segteetr
THIS DEED OF TRUST is made this j,00air, hunted x5
19.7-6., among the Grantor, Kendrick Lt Spooner an4 Belva', E.
- « _ _ « _ « • - - • • '(herein"Borrower") the Public Trustee of
S+C County ((herein "Trustee"), and the Beneficiary,
1i 4P liE SAVL'iGB, WILDING AND LOAN ASSOCIATION- • ' - - • , a corporation organized and
existing under the laws of the State of Colorado , whose address is
, -k . Cali 'yrnl.1.I,t;f;,}gt, Denver, Colorado 80202 (herein"Lender").
BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants
and conveys to Trustee, in trust, with power of sale, the following described property located in the County of
held ,State of Colorado:
Part of Parcel "As of )Recorded Exectption No. 0963.32-3-RN 49 Recorded WAY
1I , 1973 in Book 692, under Be epticttIto. 1613511, Weld County Neeerds, being
a part of the Southwest grnrter of Section 32, Township 5 Wow, Range 64
West or the 0th Principal Meridian, County of Weld, State of Colorado, sere
partscularly described as follows* •
Beginning, at the Southeast Corner of the Southwest center of said Section 321
thence along the North.-South Centerline of said Section 32 North A°32'36"
Last 1,332.24 feet to the TRUE POINT (tt BEGINNING.
Thence North U, °56'31-'" West 1,322.26 feet to the West line of the Nast Ralf
01 said Southwest uarteri
thence along said Went lieu North O°55'22" East 1,317.93 feet to the lasts
West Center line of said Section 32;
thence along said Center line South 69°1(x'45" last 1,321.22 teat to the Center
of said section;
Thence along the North-South Centerline of said Section South 0°52'36" West
• 400.00 feet to the Northeast Corner of Parcel "8", Recorded EmesptiunISbsr
063-32-3-RE 49, as tiled in the Office of Clerk and Recorder,. records of
said Co..at-, ;
Thence among the Northerly, Westerly, and Southerly lines of said Parcel the
following courses: North 89°16'45" Went 417.42 feet;
thence South 0°52'36" West 521.70 feat;
thence South 69°16'45" Pant 417.42 feet to the North-South Centerline of said
Section;
thence alone said North-South Centerline South 0°52'36" Went 36,3.19 feet more
or less to the TRUE POINT 4F BEGINNING. Together with the right to install
utilities and to ingress and egress through that certain 40.00 foot permanent
easement for utilities ingress and egrets as hereinafter described, 40.00
foot permanent easement for utilities ingress and egress across portions of
Parcel "A" hereifabova described, more particularly described as toflcesi
Said permanent easement is 40.00 feet in width, lying 20.00 test tram and
parallel with, and adjacent to as measured to right angles to the toollovtng
described centerline;
Beginning at the Southeast Corner of said 81./2;
thence along the South line of said E1/2 North 88°56'38" West 233.11 feet
to the True Point of beginning;
thence North 11°14'56" East 376.15 feet to the beginning of a tangent curve
t:': .he Southeast haying a central angle of 8°08'15" and a radius of
t '- _orb tit s c ui auto a x9.93 feet to the end of
..'_1: curve;
thence tangent to said curve N. 19°23'11" East 426.62 feet to a line lying
20.00 West of, as measured at right angles to and parallel with the North-
South Centerline of said. Section;
thence along said line N. 0°52'36" E. 832.16 feet to Southerly line of Parcel
- - - - - - - • - • - - - • " ' ' " Dollars, with interest thereon, providing for monthly
instill nts f r gip aj d interest, with the balance of the indebtedness, if not sooner paid, due and payable on
o r`��nicer i, �yY° ;the payment of all other sums, with interest thereon, advanced
in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and
agreements of Borrower herein contained;and (b) the repayment of any future advances,with interest thereon, made
to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances").
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property,that the Property is unencumbered, and that Borrower will warrant and defend generally the title
to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a
schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property.
COLORADO-1 to 4 Family-6/75-FNMA/FHLIAC UNIFORM INSTRUMENT
EL-163 w':1059
Lender may reasonably require to assure that the lien of this Deed of Trust. Lender's interest in the Property and Borrower's
obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by
Borrower. this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration
had occurred.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph IS
hereof or abandonment of the Property. have the right,to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 18 hereof or ;abandonment of the Property. Lender, in person, by agent or by
judicially appointed receiver, shall he entitled to enter upon, take possession of and manage the Property and to collect
the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to
payment of the costs of management of the Property and collection of rents, including, but not limited to. receiver's fees,
premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender
and the receiver shall be liable to account only for those rents actually received.
21.- Future Advances. Upon request of.Borrower, Lender,at Lender's option prior to release of this Deed of Trust.
may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Deed of
Trust when evidenced.by promissory notes stating that said notes are secured hereby.
22. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to release this
Deed of Trust and shall produce for Trustee duly cancelled all notes evidencing indebtedness secured by this eed of Trust.
Trustee shall release this Deed of Trusb,without further inquiry or liability. Borrower shall pay all costs of ecordation, if
any,and shall,pay the statutory Trustee's.Pets:.
23. Waiyer of Homestead. Borroweriereby waives all right of homestead exemption in th Property.
IN WITNESS WHEREOF, Borrower has executed'this Deed of Trust.
• Kond2'trak 1.. Spooner, husband —Borrower
•
Eelvo,. X. Spector, wife t i —Borrower
STATE OF COLORADO, Ww1+► County ss:
The foregoing instrument was acknowledged before me this. . .lbtt day of MetCWbex
19%. by. KEN144,011. 14«. vow On4.Biavait pia . ! .buebeatt MA4.wU'e
Witness my hand and official seal.
My commission expires:
Notary Public
(Space Below This Line Reserved For Lender and Recorder)
s
Ft,A059
,-
REFERRAL LIST
APPLICANT: Kendrick and Belva Spooner CASE NUMBER: RE-698
SENT REFERRALS OUT: July 13. 1984 REFERRALS TO BE RECEIVED BY August 1, 1984
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---- County Attorney (plat only)
Weld County Health Department
Engineering Department
'—us County Extension Agent
Office of Emergency Management
Kersey Planning Commission
c/o Betsy Holder
P.O. Box 67
Kersey, Colorado 80644
State Engineer
Division of Water Resources
1313 Sherman St. , Roan 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
elColorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
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