HomeMy WebLinkAbout820654.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 574 - NANCY COPPLE AND
CAROL AND ELINOR HOLLAND
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 at a public meeting held in the Chambers of the Board,
that the division into two parcels of land, as shown on the plat
known as Recorded Exemption No. 574, being the property of Nancy
Copple and Carol and Elinor Holland, described as part of the
South 1/2 of Section 3, Township 1 North, Range 67 West of the
6th P.M. , Weld County, Colorado, being more particularly described
in the plat which shall be provided by the applicants and known
as Exhibit "A" , said plat to be recorded, 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.
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 Nancy Copple and Carol and Elinor Holland
be, and hereby is , exempt from the definition of the terms, "sub-
division" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the following: 1) the owner of the proposed Lot
"B" shall submit evidence of an adequate sewer system prior to
the issuance of any building permits; 2) the final plat shall
show a seventy-five (75) foot reservation south from the center-
line of Highway 52; and 3) the owner of Lot "B" shall submit
evidence of an adequate access. The final plat shall show a
driveway access to Lot "B" .
820654
Page 2
RE: RE NO. 574 - COPPLE AND HOLLAND
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
October, A.D. , (119982.
BOARD OF
ATTEST: � a "` �'t��� y � WELD COUNTY,1N COMMISSIONERS
COLORADO
Weld County Clerk and Recorder T ;)2J/a ,
and--Clerk to the '•= d Jo Martin, Chairman
( l /j 1
" Deputy County Clerk Chuck Carlson, Pro-Tem
APPROVED AS TO FORM: ‘.774 / .. ••
Norman Carlson
/{ j �
' -
/County Attorney C. W. Kirby
ne K. Stei ark
DATE PRESENTED: November 1, 1982
820654
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lite 9\II 14C ,) � � DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.400
81510th STREET
GREELEY,COLORADO 80631
COLORADO
October 25, 1982
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Re: Recorded Exemption 574
Dear Commissioners:
The attached application and related items are in reference to a request from
Nancy Copple and Carol and Elinor Holland for a recorded exemption. The parcel
of land on which this request is being made is described as part of the South
1/2 of Section 3, Township 1 North, Range 67 West of the 6th P.M. , Weld County,
Colorado.
The property is located three (3) miles west of Ft. Lupton on State Highway
52. The property contains approximately 103 acres of Class Ile, IVe and VIe
irrigated and IIIe, IVe and VIe nonirrigated soils.
The request is to divide the property into parcels of 1.6 acres and 101 acres,
more or less. The applicant is an absentee property owner and would like
to sell off the existing residence and improvements on the proposed Lot A.
The applicant would like to continue the tenant farming operation on the
proposed Lot B.
Based upon the submitted information and policies of the County, the Depart-
ment of Planning Services staff recommends the request be approved for the
following reasons:
1. The request complies with Section 9-2 C. of the Weld
County Subdivision Regulations submission requirements.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
A20654
Board of County Commissioners
Page 2
October 25, 1982
- The 103 acres, more or less, under consideration will
allow agricultural and related uses to be the predominant
uses. The uses will be compatible with existing
surrounding agricultural uses. These facts support the
proposal as being consistent with the intent clause of
the agricultural zone district.
- The proposal was reviewed by the City of Ft. Lupton and
was found to comply with their long-range Comprehensive
Plan.
- 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.
- The Division of Water Resources 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 State
Highway 52.
The Department of Planning Services staff's recommendation for approval is
conditioned and based on the following:
1. The owner of the proposed Lot "B" shall submit evidence
of an adequate sewer system prior to the issurance of
any building permits.
•
820654
Board of County Commissioners
Page 3
October 25, 1982
2. The final plat shall show a seventy-five (75) foot reserva-
tion south from the centerline of Highway 52.
3. The owner of Lot B shall submit evidence of an adequate
access. The final plat shall show a driveway access to
Lot B.
Respectfully,// jj ,
Rod Allison
Current Planner
RA:dg
820654
FIELD CHECK
FILING NUMBER: RE-574 DATE OF INSPECTION: 10/22/82
NAME: Nancy Copple and Carol and Elinor Holland
REQUEST: A recorded exemption
LEGAL DESCRIPTION: Part of the S1 of Section 3, Township 1 North, Range 67 West
LAND USE: N Agricultural Production
E Agricultural Production
_._
Rangeland ---_�_ .__._�__
S
W Rangeland with cattle
ZONING: N Agriculture
LOCATION: Three (3) miles west of E Agriculture
Ft. Lupton on State Highway 52 S Agriculture
W Agriculture
COMMENTS:
Access to subject site is from State Highway 52. The Branter Ditch runs through
the property and separates Lot A from Lot B.
The land slopes to the Northwest. Lot B is used for agricultural production.
(plowed field)
A house, garage, farm and outbuildings exist on the proposed Lot A. Lot B
is unimproved.
•
BY: _41ale' •
-
Rod Allison, Current Planner
820654
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE (�!S, 0f)
CASE NO . RE 5. 79 RECORDING FEE
ZONING DISTRICT fits A `Al,/✓A RECEIPT NO .Pt. ° I,
DATE 164 An- APPL . CHECKED BY /A
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 : The West Half of the
East Two-Thirds of the South Half of Section 3, Township 1 North, Range 67 West of the
Sixth Principal Meridian, Weld County, Colorado, except the right-of-way for Colorado
State Highway No. 52. Said tract of land contains 103 acres, more or less and is
subject to any rights-of-way or other easements as granted or reserved by instruments
of record or as now existing on said tract of land.
TOTAL ACREAGE : 103 acres
Has this property been divided from or had divided from it any
other property since August 30, 1972? Yes No X
FEE OWNERS OF PROPERTY :
Name : Nancy Holland Copple
Address : 3734 Valentine Road; Kansas City, MO 64111 Phone : 816-931-0121
Name : Carol E. Holland
Address : 129 Fairway Drive, Emerald Bay; Bullard, TX 75757Phone : 214-825-2085
Name : Elinor Holland
Address : P. 0. Box 23; Letcher, South Dakota 87359 Phone : 605-248-2445
WATER SOURCE : Larger Parrel well Smaller Parcel Domestic Well
TYPE Or SEWER : per er Farce Leach Field &
y Sri/-nc Smaller Parcel Septic Tank
PROPOSED USE : Larger Parcel Farm Smaller Parcel Residence
ACREAGE : Larger Parcel 101 acres Smaller Parcel 1.601 acres
EXISTING DWELLINGS : ( Yes or No ) No ( Yes or No) Yes
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 ) -e //
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this /.3t4 day of �s ,
19 82
( SEAL )
Notary is
My eommWsi,n expires August 31. 1983
1701 23rd Avenue, Suite A
My Commission expires : Oreelev. cnio.»oc 110641 820654
R*C IRQ*D RXEIV1► ATION
NO.
SHEET 2 OF 2
Sect', 3,o. RDNi, 14 w.-lit .5000 rot Gt66 .9�
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LOCATION MAP
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Pen/er of Sec.3, T. IN., R.01 H/.
ti252.00'
COLORADO STATE HN/V.. NO. 52 W -
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820654
McRAE d. SHORT, INC. 1227-0th Avenue a.eley, Colorado $0631 7fl s N0.
SHELTON AND KINKADE
ATTORNEYS AT LAW
UNION COLONY BANK BUILDING
1701-23RD AVENUE,SUITE A
GREELEY, COLORADO 80631
JAMES H.SHELTON
JOHN W. KINKADE
RONALD J. LAM BDEN a 303-352-8873
September 16, 1982
�' ' 2i 1s:H
Weld County Planning Commission Weld Ca. Planning Cnmrnission
Centennial Center
915 - 10th Street
Greeley, Colorado 80631
Gentlemen:
Please be advised that our office represents the owners of the W} of the
E 2/3 of the Si of Section 3, Township 1 North, Range 67 West of the
6th P.M. , Weld County, Colorado, being approximately 103 acres, those
owners being Elinor Holland (who owns 1/4) , Nancy Holland Copple (who
owns 3/8) , and Carol E. Holland (who owns 3/8) .
Our office has represented this family for a number of years, and
initially represented the family when the mother of Elinor Holland died,
and we transferred the property from Carrie Hollister' s Estate to
Elinor Holland and the three Holland children. Since that time one of
the Holland children, namely, Dale Holland, died, and his share has been
transferred to his sisters.
Since our contact with the Hollands, approximately eight to ten years
ago, this property has been leased--with a great deal of difficulty.
Our initial contact with the Hollands included an eviction. The
Hollands have had a great deal of difficulty leasing the property, in
that the farmable portion of the 103 acres is 101 acres, and this
acreage does not support a tenant. As a result, after several tenants'
attempt to lease and make a profit from the farm, the Hollands have been
forced to lease the property to a farm tenant who does not reside on the
property. This leaves the farmhouse and the outbuildings to the
farmhouse available to another lessee.
The Hollands have attempted to follow this course for a number of years,
and their last experience was very costly to them. The tenants do not
seem to give a great deal of pride to the leasehold interest of the
farmhouse and outbuildings and, in that the Hollands live out of the
State of Colorado, it is very costly for them to have the property
managed.
Their solution to this is to, of course, go ahead with the Recorded
Exemption, which would allow them to keep Lot 6 (or the farmable portion
of the property) and to either sell , lease with an option to 'sell , or
lease Lot A (which is a 1.601 acreage) . During this interim' time iq,
which the last tenants have left the portion designated as Lot A in a
$20654
Weld County Pia,_. ing Commission
(Holland) - September 16, 1982
Page 2
recent Recorded Exemption Application, the Hollands have been forced to
invest thousands of dollars in order to repair the damage done by the
previous tenants. As of this date, they have not leased the property,
and they have had several incidents of vandalism. In each incident,
either appliances or carpeting were taken from the residence. In that
they live outside the State, this has been a very trying time for them
in regard to the property.
The property has been in the family for a number of years, and they at
this stage do not wish to sell the entire property, and their hope is
that they can keep as much of the property as they can, but feel that
the Recorded Exemption will give them the latitude to keep the majority
of the farm with the family.
That part of the property described as Exhibit A is the portion which is
not farmable. In fact, it lies in a marshy area; in fact, all of that
portion lying north of the levee is a marshy area.
If you have any questions, please contact our office. Our office has
been given the authority to act on behalf of the owners. At your
request, a letter is being sent from the Hollands to confirm this.
Thank you for your cooperation.
Sincerely,
SHELTON K NK E
% John W. Kinkade
JWK:mas
54
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RECLRDED EXEMI TION
NO. 1469 - 3 -3 - RE• 574
SHEET 1 OF 2
DATE: AUGUST 11 , 1982
OWNER: NANCY HOLLAND COPPLE, CAROL E. HOLLAND AND ELINOR HOLLAND
C/O JOHN KINCAID, ATTORNEY
1701 - 23rd AVENUE
GREELEY, COLORADO 80631
LEGAL DESCRIPTION
THE WEST HALF OF THE EAST TWO-THIRDS OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 1 NORTH ,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, EXCEPT THE RIGHT-
OF-WAY FOR COLORADO STATE HIGHWAY NO. 52. SAID TRACT OF LAND CONTAINS 103 ACRES , MORE
OR LESS AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED
BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND.
OWNERS CERTIFICATE
NANCY HOLLAND COPPLE AND CAROL -E . HOLLAND AND ELINOR HOLLAND BEING THE SOLE OWNERS IN
FEE OF THE ABOVE PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP.
,o
NANCY HOLLAND COPPLE J CAROL E. HOLLAND ELINOR HOLLAND
NOTARIAL CERTIFICATE
STATE OF COLORADO )ss
COUNTY OF WELD )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS,j4, DAY OF --^-G'-'°, A.D. , 1982
BY NANCY HOLLAND COPPLE, CAROL E. HOLLAND AND ELINOR HOLLAND.
MY COMMISSION EXPIRES : ��- Y -
WITNESS MY HAND AND SEAL: (7274-1-t
NOTARY PUBLIC
C/ 7O1-434. /4 �✓ / Rc F✓
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON AUGUST 11 , 1982, UNDER MY SUPERVISION
AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
ooucuwiugiiii
GERALD B. Mc RAE, PROFESSIONAL ENGINEER AND LAND
6 C % tr SURVEYOR, COLORADO REGISTRATION NO. 6616
•
2,, or COUNTY COMMISSIONERS CERTIFICATE
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING.,
ATTEST: � . { ♦4 � { ,�/+
COUNTY LEAK CHAIRMAN,/ BOARD OF 'COUNTY COMMISSIONERS
BY : )" ? ry I—n 111,1, ��n `�t�/ .
\
DATE 4 o — _ - 1/4 `/
r
Nev—ar les I-
920654
PWcRAE & SHORT, INC. 1227 -8th Annu• Gr•slsy, Colorado 80831 820 CT No.
85
RECG 4DED EXEMFr 'ION
NO. 1469- 3-3-RE -574
SHEET 2 OF 2
CO.RD 14 ,. _i1
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LOCATION MAP
SCALE 1"•2090'
Center of Sec.3, T. IN., R.67 W.
258.00'
COLORADO STATE HM/V. NO. 52 W o
li9 South R.O.NI. line '`o 6 - llS
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Revised 1,//9/82 to show /5 'access easement across Lot ,4 PpccT No.
McRAE & SHORT, INC. 1221- Stn Annul Groin. Colorado 80631 _ eC0cY$
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