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Home My WebLink About830891.tiff RESOLUTION RE : APPROVAL OF RECORDED EXEMPTION NO. 629 - HOWARD AND ELAINE BINDER 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. 629 , being the property of Howard and Elaine Binder, described as the East 1/3 South 1/2 , 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 applicant and known as Exhibit "A" , said plat to be recorded, does not come within the purview of the defi- nition 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 Howard and Elaine Binder be, and hereby is, exempt from the definition 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 Office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations . The plat shall be sub- mitted within ninety (90) days from the date of approval by the Board of County Commissioners LD: ZON RE 629 870891 Page 2 RE: RE #629 - HOWARD AND ELAINE BINDER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, 1983. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder / �_soYl and Clerk to the Board Chuck Carlson; Chairman BY �1d /s-- �2v,2 7- )222..' ,0 - -- eput�ty Clerk Jori T . Martin, Pro-Tem APPROVED AS TO FORM: EXCUSED Gene R. Brantner ( )14 .�.� County Attorney Norman Carlson EXCUSED Jacqueline Johnson DAY FILE : August 15, 1983 830891 RECORDED EXEMPTION NO. 1469-3-4 -RE• 629 LEGAL DESCRIPTION : The East 1/3 of the South 1/2 of Section 3 , Township 1 North, Range 67 West of the 6th P .M. , except parcel conveyed to the Department of Highways, State of Colorado, by special warranty deed recorded Septem- ber 24, 1958 in book 1513 at page 478, and except the West 30 .00 feet thereof reserved for Weld County Road 21 , more particularly described as : BEGINNING at the NE corner of the SE 1/4 of said Section 3 ; Thence N90°00 ' 00"W on an assumed bearing along the North line of said SE 1/4 a distance of 1761 .07 feet; Thence S00°28 ' 41"E a distance of 60 .00 feet to a point on the South R.O.W. line of Highway 52, said point also being the TRUE POINT OF BEGINNING ; Thence S90°00 ' 00"E parallel with the North line of said SE 1/4 and along said R.O.W. line a distance of 1683 .58 feet; Thence 844°55 ' 00"E a distance of 68.03 feet to a point on the West R.O.W. line of Weld County Road 21 ; Thence SOO°33 ' 00"E along said R.O.W. line a distance of 2533 .30 feet to a point 30 .00 feet West of the SE corner of Section 3, said point being on the South line of said Section 3; Thence S89°59 ' 34"W along said South line a distance of 1734 . 39 feet; Thence NOO°28 ' 41"W a distance of 2581 .67 feet to the TRUE POINT OF BEGINNING: Contains: 102.662 Acres more or less. LEGAL DESCRIPTION LOT A: A part of the East 1/3 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 as : BEGINNING at the NE corner of the SE 1/4 of said Section 3 ; Thence N90°00 ' 00"W on an assumed bearing along the North line of said SE 1/4 a distance of 1761 .01 feet; Thence S00° 28 ' 41"E a distance of 60 .00 feet to a point on the South R.O.W. line of Highway 52, said point also being the TRUE POINT OF BEGINNING ; Thence S90°00 ' 00"E parallel with the North line of said SE 1/4 and along said R.O.W. line a distance of 834.17 feet; Thence SOO°33 ' 00"E along the West line of a 30.00 feet wide common access easement a distance of 687 .00 feet; Thence N90°00 ' 00"W parallel with said North line a distance of 835 .03 feet; Thence NOO°28 ' 41"W a distance of 686 . 99 feet to the TRUE POINT OF BEGINNING. Contains 13.162 Acres more or less. Together wine 30.00 foot common access easement lying east of and along the east line of said described property. SURVEYOR' S CERTIFICATE: I hereby certify that this plat was prepared under ' .'" , my supervision and that the same is correct to the best of my knowledge and belief. r 4tZ7 Cecil R. Crowe, P .E. & L.S. 12330 Oh ' `,��.0) PROPERTY OWNER' S APPROVAL: We, the undersigned, being the sole owners in fee of the above desc- ribed roperty do hereby subdivide the same as� shown on the attached map N22 O oy J\frig21/2-; Hard E. Binder Elaine M. Binder The foregoing certification was acknowledged before me this day of /:( z, t A.D. , 19 -RS . My Commission expir 7 a / /Y 1_ Notary Public: n4 0 ' "� � %"ice /c//-// C/ ( CO/t-'4 Witness my hand and seal . (oho. 10<,-3//2 cG.3 i COMMISSIONER' S CERTIFICATE: The acc mpan ing plat is accepted and approved for filing . Chairman of the Board of ynty Commissioner ' s ATTEST: County Clerk J Iwe ^ j '� uoi` By�( (2,60-44JJ Qk Date ) g---- /(... --- F i SHEET 2 OF 2 830891 I RECORDED EXEMPTION NO. 1469- 3 - 4 - RE • 629 1761.07 Con..7.a to D.pt.ol HWY'S. Book 1513,Poke 471 NE Cor. ,r North Lln. \ I, SE I/I.TIN,R67w —-- I S90°00'Od1E- 1683.58 HIGHWAY 52 \ .truhelm'',PoI834.17 I 849.41 j )116- r 6 68.03 I . S44°55100`E I I = 1 W G t n, g LOT A 0 :8 o 0 P, co 13. 162 Ac. ± 00 115 y0 `° g y 0 in I M h M N I SS I N 3. —p I'—30'Common Access I 835.03 _ 1 Ea..m.nt yl St: J N N 90°0O100`W _8 o 0IZ LOT B . 1 89.500 Ac. ± 30.0 E c 1734.39TIN�e7ti7w S 89°59134"W - SECTION CORNER H LOT A : 13.162 Acres e SCALE:111=3001 O - PIN SET LOT B : 89.5OO Acres * TOTAL : 102.662 Acres ± OWNER: 33 34 j 35 HOWARD E. BINDER , JR. a ROAD 14 ELAINE M. BINDER 9832 COLO. HIGHWAY # 52 o:• FORT LUPTON , COLO. 80621 tN•'p I R s 3 4 • 2 HIGHWAY 52 ° ' f 1\4 7 PREPARED BY: LOTH ALPHA ENGINEERING • •• PO.BOX 392 FORT LUPTON , COLO. 80621 LOT 8 L -_ DATE: MARCH 3, 1983 9 10 II LOCATION MAP SCALE:I1:200C? N Sheet I of 2 830891 ' DEPARTMENT OF PLANNING SERVIGEL + : PHONE 1303)356-4000 Fn 31510tt ti �' GREELEY, COLORADO 80631 August 10, 1983 IOAORAbDO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemtpion #629 Dear Commissioners: The attached application, plat and related items are in reference to a request from Howard and Elaine Binder for a recorded exemption. The parcel of land on which this request is being made is described as the E 1/3 S1, Section 3, T1N, R67W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2.5 miles west of Fort Lupton and contains approximately 102.662 acres of Class IIe (Prime) and IIIe (Prime) irrigated soils. The request is to divide the property into parcels of 13 acres and 89 acres, more or less. It is the intent of the applicant to provide his brother with a residential site with ample acrage for the grazing of a few horses, cows and/or calves. 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 9-2 C. of the Weld County Subdivision Regulations submission requirements. 2. The request complies with Section 9-2 E. of the Subdivision Regulations as follows: The 102 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. 830891 Board of County Commissioners August 10, 1983 Page 2 - The proposal was reviewed by the city of Fort Lupton and was found to comply with their long-range compre- hensive 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 Compre- hensive 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 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 Colorado Highway 52; - The Weld County Health Department has indicated, in a letter dated July 26, 1983, that both lots will have adequate sewage capacity. The Department of Planning Services staff recommendation for approval is conditionsal upon the applicant submitting a mylar plat to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (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, ititiCgoaS' in-322" Michael S. Mullen Current Planner MSM:rjg 830891 FIELD CHECK FILING NUMBER: RE-629 DATE OF INSPECTION: August 5. 1983 NAME: Howard and Elaine Binder REQUEST: Recorded Exemption on a 102.6 acre farm LEGAL DESCRIPTION: E 1/3 51/2, Section 3, T1N, R67W of the 6th P.M. , Weld County LAND USE: N Highway 52, residence, pasture, Brantner Ditch, irrigated cropland (hayfield) , oil well E Weld County Road 21, pasture, oilwells and tank batteries S Transmission lines, Bull Ditch, oil wells tilled cropland W Cropland (wheat) , oil well and tank battery, Brantner Ditch ZONING: N Agricultural LOCATION: Approximately 2.5 miles west of E Agricultural Fort Lupton: south of Highway 52 and west of S Agricultural Weld County Road 21 W Agricultural COMMENTS: The subject site is a Holstein Dairy farm with irrigated pasture. Oil wells and tank_ batteries are located on the property. The land slopes to the north. The proposed smaller lot (13.162 acres) would consist of a one story brick house.. The larger lot (89 5.) acres would retain two homes, a milking barn, silo, garage, outbuildings. Rens, and corrals A shared driveway would provide access for both lots to Highway 52. The driveway is paved up to the proposed smaller lot. BY: a[a42S, V'l Michael S. Mullen, Current Planner MSM:r j g 830891 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : r. APPL . FEE '5 - CASE NO . L"_ RECORDING FEE ZONING DISTRICT kiriCLAUJAa-Q _ RECEIPT NO . jeai;, DATE APPL . CHECKED BY /WS W\ 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 Exhibit "A") TOTAL ACREAGE : 102.662 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 : Howard E. Binder, Jr. and Elaine M. Binder Address : 6155 Weld County Road 23, Ft. Lupton, CO 80621 Phone : 857-4289 Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel Well Smaller Parcel Central Weld County On sight septic On sight septic TYPE OF SEWER : Larger Parcel r c e l with leech fieldSmaller Parcel with leech field PROPOSED USE : Larger Parcel Farm Smaller Parcel Residence and dairy pasture ACREAGE : Larger Parcel 89.50 Smaller Parcel 13.162 EXISTING DWELLINGS : ( Yes or No ) Yes (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 kno:.i edge . COUNTY OF WELD STATE OF COLORADO ) 91LZOZt V)9 _ `L/9 Y Signature : Owner or Authorized Agent Subscribed and sworn to before me this ' day of "Rid 19 ,r_ . ( SEAL ) Notary Public 1011 11th Ave., Greeley, CO 80631 /c / 2 // 2 My orals( on expires : 830891 RECORDED EXEMPTION NO. 1751.07 o..finnsLisaO iM » wM.N NC S. wN Mf,Pegs eH 4in,. NIA�TM.MaS90e00'0d'E-1 53.51NISHWAY 52 boo p549.41reed' •34.17 I WI Woe, •4N5fI W1. LOT A 8 g 13. 162 Ac. t s ' 6 . IN I 1 N IM -p I•-soy Cabe Me4.. I 535.03 J ae....a +O w I 2 N 90400100e W It I8 e I LOT 8 89.500 Ac. ± fo1/4.4%I 30.0—I, •— I II' w..1734.39 S.,.vw C 3„e59'34NW I i 4._ — SECTION CORNER H LOT A : 13.162 Acres * N , 0 - PIN SET LOT B : 89.500 Acres * SCALE:I =300 TOTAL : 102.662 Acres * OWNER: 33 34 35 HOWARD E. BINDER , JR. & NOM) 14 ELAINE M. BINDER 9832 COLO. HIGHWAY * 52 w• FORT LUPTON ,COLO. 80621 I j - ' 3 2 4 ! NaewAr aJ PREPARED BY: L A 9 , ALPHA ENGINEERING IP.O.BOX 392 ► FORT LUPTON, COLO. 80621 LOT S —_ DATE: MARCH 3, 1983 0 II LOCATION MAP SCALE:I a200d N 830f191SAsit I 0 2 KENNETH R LIND THE LAW BUILDING GEORGE H. OTTENHOFF 1011 ELEVENTH AVENUE P.d)X 326 July 6, 1983 GREELEY Li3 ADO 80632 ATTORNEYS AT LAW / i ��, PHONE,(303)353/72323 Weld County Department of Planning Services ;� 915 10 Street �d� �9. �•��j > Greeley, Colorado 80631 °Pid��/0 ' // Re:Re: Recorded Exemption �6, /� Application (Binder) ��fro Gentlemen: Pursuant to your recent request for more information as related to the above referenced application, please let this letter serve as a response to your request. Enclosed is a copy from Central Weld County Water District correcting their property description as contained in their letter of May 27, 1983. Currently located upon the property on Lot B are two homes, a milking barn, various loafing sheds, corrals, garages, septic tanks and leach lines for the two homes, hay shed, garage and domestic water well. Lot A has one home, the water tap with Central Weld County Water District, and a septic tank and leach line which is located to the west of the existing home and is all contained upon the acreage listed for Lot A. Enclosed with this letter is a copy of an aerial photograph showing the existing property and the approximate division lines between Lots A and B. In reviewing this recorded Exemption Application Request with Mr. and Mrs. Binder, as well as Mr. Binder's brother who will be purchasing Lot A, it is my understanding that Lot A will be used for a residence as well as pasture grazing of not more than 20 horses, cows, and or calves. There is not contemplated construction of dairy facilities upon Lot A as all of those facilities are located upon Lot B. It is contemplated that a pole barn or shed will be constructed for the three horses which the prospective purchaser desires to have upon the property. Again, the main request is to divide the property for financial reasons. It should also be noted that as Lot A currently has a residence there will be no increase in density or use of the property. I trust that the enclosed fulfills your questions concerning the property, and I would request that this exemption now be docketed with the County Commissioners. Very truly yours, LI.ND—iETTTEN H O IJennet 'P. Li KFL/cg Enclosure 830891 KENNETH F. LIND THE LAW BUILDING GEORGE H. OTTENHOFF 10N ELEVENTH AVENUE P.O.BOX 326 ATTORNEYS AT LAW GREELEY, COLORADO 80632 TELEPHONE(303)353-2323 June 8, 1983 Weld County Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 Re: Recorded Exemption Application (Binder) Gentlemen: Attached to this letter please find an application for a recorded exemption, check in the amount of $95.00 for your application fee, plat map, certificate of conveyances and a copy of the deed showing current ownership. Addtionally, please let this letter serve as support for the exemption application. Basically, this recorded exemption application is presented on behalf of the owners of the property who intend to sell the property to Bruce Binder who is the brother of the applicant and landowner. Mr. Bruce Binder currently works with the landowners in their dairy business, and due to financing requirements as well as mortgage purposes, it has become necessary for Mr. Bruce Binder to own his homestead separate and apart from the property of Howard Binder. The total farm is currently used for farm and specifically dairy purposes, and the future use will remain the same, both on the larger as well as smaller parcel. The main reason for the request of the exemption is based upon the fact that a financial institution will require Mr. Bruce Binder to own his own property and Mr. Bruce Binder does not desire to continue "renting" the home for residential purposes. Both parcels are currently within the A Zone District, and the Weld County Comprehensive Plan indicates that this area shall remain as agricultural in nature. As both parcels are currently used for farming and dairy purposes, and both parcels will be used for that in the future both uses are consistent with the intent of the district. Additionally, all surrounding land is used for farm, dairy and related residential purposes. It should also be stated that these uses are compatible with the expected future development of the area as that is deemed to be agricultural. 830891 Weld County Department of Planning Services May 23, 1983 Page two Both parcels currently have residences located upon them with the main residence being located upon the smaller parcel (Lot A). There will be no basic changes to the property either upon the small or large parcel and therefore it is not inconsistent with any type of efficient and or orderly development as none will take place except possibly the construction of some holding pens upon the smaller parcel for holding dairy cattle. The property is not within any overlay district. We would request that this exemption be granted as it is consistent with both current and future uses of the property and is totally consistent with the area surrounding the property. Thank you for your consideration. Very truly yours,7LIND TTENHOFV Ke neth R nd K FL/ras Enclosure 830891 A - aC .FM/ " t eoi., 3 5a r" x vx t a ro w r :74"a .....,ter." Ar s:Y 3 ` .�`':‘`,3. xk+1 d ke h 3 % ' P. A ..0 by S 9 '1 af. ,., F :.E£ ir t c �/G.' lI { ziek r . fi4 , - £�£ ., .., ,� .gyp ! 1 t smkrx A, fi {' i e /[ \ Fer� % ` . - �x t . i av- Jib S �i. 8r 1 � Ise �, �� j F E 33 i � . �l Y a sca e BNr .s.•,.w. 1� hn..}i'm' a!µS:i ,6Y;Ss.. .�'Y 0.:Jx xf t St } ,E; Frft u �j 1 ....,.,-<- * 5.� M .• ; F . tr }•rr1w tt 6-. t 4 " 4 .t ' y F^ �;F� , invx W xl{� ♦ddt }t lose }(eil„4, z+ t Y"b 3 n tP} '''':''''IC::'': ry- , ---"' .... • ryN.•f 3dISX^�F r ^.-,., e F tyey a S� e era •x xx x4o-s : P ;ter•. s . . { J fan 4,-. ,, li • r. y ..». .._ . x i.;tll7 7 LEGAL LL_ SCRIPTION E'l CASE NO, Cca° r n x i 41 II ,fig 8213,7 4: 4 57 3 gyp, 82 SOIL CLASSIFICATION SOIL NO, IRRIGAItU NON-IRRIGATED PRIME Asa \*\ 3 .e-- I3 Ca `its 830891 aWe CENTRAL WELD COUNTY WATER DISTRICT June 15, 1983 Ken Lind, Attorney P.O. Box 326 Greeley, Co. 80632-0326 RE: Howard E. and Elaine M. Binder Property Description This letter is in response to your telephone call to our office advising that the legal description of the Howard E. and Elaine M. Binder property described in our letter dated May 27, 1983, was in error. The correct legal description for the Binder's property is: E 1/3 of the S 1/2 of Section 3, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado. We apologize for the error stated in the previous legal description and hope it has not created a serious inconvenience. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT (74 2 ( Dale D. Olhausen Secretary - Manager DDO/caa 830891 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Manager , D "It 0? 198{OW4 Vviii CENTRAL WELD COUNTY WATER DISTRICT May 27 , 1983 Ken Lind, Attorney P.O. Box 326 Greeley, Co. 80632 RE: Water Service Account No. 1175 Howard E. and Elaine M. Binder, Owner Dear Mr. Lind, This letter is in response to your inquiry regarding the water service for the Howard E. and Elaine M. Binder property, described as: E1/3 of Sz of Sec. 23, TIN, R67 West of the 6th P.M. , Weld County, Colorado. Central Weld County Water District provides the domestic water service to this property under tap number 1175. In the event this property is sold, Central Weld requires that assignments be executed at the time of closing. We have enclosed assignment forms per your request. If you have any questions or we can be of further service, please advise. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT Dale D. Olhausen Manager DDO/caa 830891 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Manager Hello