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Home My WebLink About841023 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 683 - LLOYD AND JEAN BRANCH AND RANDY PREMER 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 . 683 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 683 was sub- mitted by Lloyd and Jean Branch and Randy Premer for property beling located in part of the NE4 of Section 3 , Township 4 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 applicants and known as Exhibit "A" , said plat to be re- corded, and WHEREAS, this request is to divide the property into par- cels of 8 acres and 2 acres, more or less , to allow the appli- cants to legitimatize the illegal transfer of a parcel of ground sold subsequest to the adoption of the Weld County Subdivision Regulations and obtain a building right for the proposed eight acre parcel. 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 applicants 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 LD: ZON RE #683 841023 Page 2 RE: RE #683 - BRANCH AND PREMER accordance with the requirements of Section 9-2C . (4) of the Weld County Subdivision Regulations. The plat shall be sub- mitted within ninety days from the date of approval by the Board of County Commissioners . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of May, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: Vnailavvvattalw2tair/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman • BY: Crib- 1tc_Q/Cl -) ep ty County Cl r�k Ja que e J h son, Pro-Tem APPROVED AS TO FORM: ene R. Brantner EXCUSED C y ttor y Chuck Carlson EXCUSED John T. Martin 81023 • DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 ` - 915 10TH STREET GREELEY,COLORADO 80631 lC. COLORADO '1 May 16, 1984 ``��y� r Board of County Commissioners 1 Weld County Centennial Center 915 Tenth Streety,�y, Greeley, CO 80631 Re: Recorded Exemption #RE 683 Dear Commissioners: The attached application, plat and related items are in reference to a request from Lloyd and Jean Branch and Randy Premir for a recorded exemption. The parcel of land on which this request is being made is described as Pt. NE11 of Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado. The property is located 2.5 miles south of Kersey on WCR 57. The property contains approximately 10.3± acres of Class Ile, IVe irrigated and IVe nonirrigated soils. The parcel of land under consideration is not the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 8 acres and 2 acres, more or less. Mr. and Mrs. Branch and Mr. Premer would like to separate a parcel of ground transfered and sold in an illegal manner subsequent to the adoption of the Weld County Subdivision Regulations. The purpose of the exemption is to legitimize the illegal transfer and obtain a building right for the proposed eight acre parcel. 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 10.31 acres, more or less, under consideration will allow uses that are consistent with the intent clause of the agricultural zone district. The uses will be compatible with the existing surrounding uses. - The proposal was reviewed by the city of Kersey and was found to comply with their long-range Comprehensive Plan. F^.1.423 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 WCR 57. 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, Rod Allison Current Planner II 8"1023 FIELD CHECK FILING NUMBER: RE-683 DATE OF INSPECTION: May_ 5, 1984 NAME: Branch and Premer REQUEST: Recorded Exemption LEGAL DESCRIPTION: part of the NE4, Section 3, T4NL R64W of the 6th P.M. , Weld County LAND USE: N Weld County Road 50, cropland E Pasture land S Cropland W Weld County Road 57, one (1) set of farms improvements, cropland ZONING: N_Agr_icultural LOCATION: Two and one-half (24) miles south EAgricultural of Kersey; south of Weld County Road 50 and 5_ Agricultural west of Weld County Road 57 WAgricultural COMMENTS: The subject site has access to Weld County Road 57_, a gravel road. The proposed lot "R" is a 2.3 acre parcel and contains the following imprpvemeltt j single family residence, four storage sheds, pole barn, and a shop building. Lot "B" has an. existing access. The proposed Lot "A" is an eight S8) acre parcel altd contains no improvements. T_11e lot is currently used for pasture. The lot has access to Weld Count- Road 50 and Weld County Road 57. The subject property slopes to the nortk, BY: 4)12 l (6 Rod Allison, Current Planner II RA:rg 8111023 , 1 1 , 1 X60 4605 4594 .... ,...: 658 o 1 28 46/9 27 —= 26' . d: , � ,, �( ! { \ () qrp4 46/0.. _ M �� -1 I 7 �� l`i2 n" 0 -N__, N r - v 4),00 \ v, \ ,Well�� ,t .9,'o _ � O✓ 8630. ;7:LT' 39 39'o" - J µ6 46/1 X469> U� f Z , h I/) sp W 2 Ditch o 465 33 Q i 1}� / O o-63p B Ldlo. � -. , 46 / ReseOv02H 465p I , ,,,,//'�� 46P6 t *46 5 SV R •" 696 J' - 4685 \/ 4 ,Po. (T-S. t• � I 0. 00 4 b�Q \ WC. _II i S, O il 4>/9 4 Ditch •. 3 465/ 2/ J �/ III Flume O 0 " • o _ 4683 : •016 Creek,._ 4612 /00.1 4156 o i4]/ / x4660 __. 0 1 - - / I i : ii l O, A , • app 463/4678 10 - 11 a, [ °°1o, � a .-e 4630 U Iles View School' r. JI I -s 4712 / o / /4612 I• Duch 6M� 4631 2° �/2 469> 1 / 465/ -- 4634 -4630 '" 6. �" 0.637 0 ' 1023 6O) 464° .\ U .00 c Y \ ' 645 ` 'r LEGAL DESCRIPTION S .t•14Sec-3=I-4tk-R(4\4 CASE NO. \ c ?s3 • % Y. a f -76 . N +:, 47. i Slid a i 4' 3 t� ,Ilk 51 3`,, fir• .r 51 1 +1J , '4 47 — SOIL CLASSIFICATION SOIL NO, IRRIGATED NON-IRRIGATED PRIME e' 1023 CENTRAL WELD COUNTY WATER DISTRICT April 16, 1984 Lloyd & Jean Branch 27806 Weld Co. Rd. 50 Kersey, Co.orado 80644 RE: Water Service Dear Mr. & Mrs. Branch: This letter is in response to your request for water service to serve the following described property : Parcels E, F, and part of Parcel G as shown on attached Exhibit "A" Water service an be made available to the above described property provided all requirements of the District are satisfied , including easements where required for District facilities . 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 writing by the District . Very truly yours , CENTRAL WELD COUNTY WATER DIST CT /9— 715.2..--X--cA--A—L--A-- Dale D . Olhausen Secretary - Manager DDO/caa 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Manager • EXHIBIT "A" I Lloyd & Jean Branch PARCELS E, F, AND i'AR'I' 01' PARCEI. C, in the E'2 of the NEL of Suction 3, Towte,hi by North, Range 64 West of the 6L1, F.M. , Weld County, Colorado, being more particula l ', described as follows: L;', N Et-ginnin;; at the Nurtheaht comer of said Section 3, and considering the North I in, of the NEI:, of said Section 3, as hearing S89"'.19' 57"W with all other bearing ,,h contained herein being relative thereto; 'thence SR9`59' 57"W, along the North line of the NE' of said Section 3, 412 .46 feet ; thence SO0'50' 26"41, 1048.65 four ; lion N88°23 '56"E, 13.47 loot ; thence NO2°U5'43"E, i49. 65 feet ; thence 1189°(14 '(14"E, 330. 53 feet ; [heart Sh '113'V"E, 74 . 14 feet to a point on the East line of the !If°. of said Section 3; thence N'U0"4;.1' 12"E, 927 .93 feet to the Northeast corner “l Section 3, said point belle; the POINT OF ItECTNNINC, 1-71 • E<"fi.023 REFERRAL LIST APPLICANT: Branch and Premer CASE NUMBER: RE 683 SENT REFERRALS OUT: 4-19-84 REFERRALS TO BE RECEIVED BY May 10, 1984 m m z z m o m o z H :Z. H H H En H ¢qq co U 0 2 O U O R O h W can ) W Cr O U 0 C4 O 180 P4 W 0 W 0 ZMMZ Z m a z ---- County Attorney (plat only) Town of Kersey Weld County Health Department Lanell Swanson, Town Clerk Box 67 �— Engineering Department Kersey, CO 80644 A ,' �� County Extension Agent knit/ s +a p 1-e aft/1404-•kno Office of Emergency Management 0 r a-J /e ta- u" — b.t ,dt ptt o,) MAl I Al State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 -1 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 61 .023 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: 4 �J APPL. FEE Imo . cry CASE NO. 613 RECORDING FEE ZONING DISTRICT 4,1,-( ‘6A, iL RECEIPT NO. 4f /33 n7 / DATE 6/r / 3 -g- ti APPL. CHECKED BY /144 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: Pt. of NE4 of Section 3, T4N, R64W (complete legals att3oi000ld .o3pia* h861 G T TOTAL ACREAGE: 10.3 Has this property been divided from or had divided fry any of er property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X FEE OWNERS OF PROPERTY: Name: Lloyd Branch and Jean Branch Address: 27808 WCR 50, Kersey, CO Phone:356-9312 Name: Randy Premer Address: 23785 WCR 57, Kersey, CO Phone:356-2330 Name: Address: Phone: WATER SOURCE: Larger Parcel Central Weld Smaller Parcel Central Weld _ TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Rural residence Smaller Parcel Rural Residence _ ACREAGE: Larger Parcel 8 _ Smaller Parcel 2.3 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 applicatio are true and correct to the best of my knowledg(/Sge OP COUNTY OF WELD STATE OF COLORADO ) Signature: Own or Authorized Agent Sumsscribed and sworn to before me this //it& day of 6:(1n,r , 1971. (SEAL) Notary Public -7' x7 My Commission expires: 811.023 To whom it may concern: We the undersigned, being property owners of two separate adjoining parcels are applying for a recorded exemption to legally separate these two parcels. The parcel owned by Randy Premer is known as "part of parcel G." The parcel owned by Lloyd and JeanniejBranch is known as "Parcel E, F and part of G. " After the Recorded Exemption regulations had been in effect, 2 acres of "parcel G" was divided and sold separately by the previous property owners, without going through the Recorded Exemption process , hence, an improper land split was created that we are now trying to correct. This proposal is consistent with the policies of the Weld County Comprehensive plan in that the uses and nature of thelland will not be changed by this process . The land now in question is zoned agriculture and shall remain with primary agriculture use, thus ensuring 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 included crop, pasture, and limited animal husbandry. This is compatiable 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. This proposal will not be inconsistant with efficient and orderly development as possible development will involve only one, one-family residence being added which will not increase the density of the sur- rounding 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 applica- tion complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoining Ordinance. At the time Branch 's bought their property they purchased two separate parcels, one being the parcel in question and the other being approx- imately 22 acres adjoining, which is a separate legal parcel . Upon purchase of this property, Branch 's obtained verbal confirmation from the Weld County Planning Department that they in fact had two separate 811023 Page 2 legal parcels with the right to build on the parcel "E, F and part of G. " They went ahead with their purchase on this information, and title insurance was granted, and taxes paid on it as a separate parcel . They have only discovered recently, when trying to sell the parcel , that while it is a separate legal parcel from their 22 acres , it is not legally separate from the adjoining property owned by Randy Premer, and the County will not allow them a building permit. When Randy Premer purchased his property, he obtained a new Federal Land Bank loan and title insurance which stated it was a legally divided parcel . The County has been taxing this parcel separately. It is as a cure for this problem that we now seek a Recorded Exemption for the two parcels. This will not change any property boundaries as they are presently laid out, only make the two parcels comply with County regulations and allow the two property owners to obtain what they thought they already had. ch n ranch Randy Pweme# 0/11023 u � " J v 15 .4/,e? d/GJ- . I r , N.ko-1As . . . . . • • r Q nor-� I I • c.xa S7= 73293' , is . : . . . • 13 • c b • . . 3• 4 C, : d -.1 t t --- ,3aosa I • sz LI.so' Lot 0 Dr. LID • ,cca r9 - aa29S, - 1. , I . . i It • S LDit -t 6 1 T •: . I t ,, ii_ 1 . • £ ;rAo«165L a i i Si t iuer.,t, i I i r , F^1:023 Ati5 a LcPARTMENT OF PLANNING SERVIC Sizzi PHONE (303) 356-0000 Ext-44 915 10TH STR GREELEY,COLORADO 80 } '' May 4, 1 g• 1r;gy1 r COLORADO 4 1984 REFERRAL Weft/co. Plannin8 CommisSiob TO WHOM IT MAY CONCERN: Enclosed is an application from Branch and Premer for a recorded exemption The parcel of land is described as part of the NE%, Section 3, T4N, R64W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is 2.5 miles south of Kersey; south of Weld County Road 50 and west of Weld County Road 57 This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 7, 1984, so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request , (does .sees--rot) comply with our Comprehensive Plan for the following reasons: KMC 42,/ -��i�rC� .`t'.� gun rtai, 2. We do not have a Comprehensive Plan but we feel this request (is/ is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to 4. Please refer to the enclosed letter. Signed(>eanceled �Kcrr�� ao- Agency .1�rw ei ntirte 57/- 21 Thank you very much for your help and co-operation in this matter. Rod Allison, Current Planner II RA:rg F'1..923 • RECORDED EXEMF ' ION N2 : 1053 - 3 - 1 R E-6 83 N.ECDR. SEC. 3, T4d1.,R61{il. I N -0.W ume z WELD COUNTY�ROAD 50 a • 5.89°59'57"W. S. E'A°59'57"W. 90o•oO s.a-o-w uS i x--30' 4/2.4!0 ,.is_.__50' N. .t - . 4.2k 11^^ N ik LOT 'O' LOT `A, O 21 . 838 t ACRES w 8.5(05 ± N 4 ACRES - a 8 8 8 et 4 h1 z r tli /1 .89°04'04'iE• 350.58' e w E it1.02°05'43" . I . /49.05' S.88°50 I"E. .599.83' /4.85.2.31.56,"E. .500.5.51 5.O02°O3'84'E. 74.14' Af..88°23'5dE. /3.47' LOT 'A = 8.568 IL ACRES LOT '13' = 21 . 858 t ACkzEe TOTAL = 30.403 ±. 4'pE5 1I 5CALEt 1'I 20 LOT IR— ■ - FOUND FIN 33i 34 35 wew °a`° '° : OWNERS . LOT'S• _ = • R. A(:4W. LLOYD JEAN 8gANCM S % 278060 WELD COUNTY RD.5C i . " • KERSEY , CO. 80[044 4 3 i 2 I i VICINITY MAP wa-n cau.nv .^ R0A0 45 SCALE Ill=20000• 8/11U23 6 . . q: 10 " II •i _ FREESE ENGINEERING - 1954.7 RECORDED EXEMF ° 'ION N2 = 1053 - 3 - , -RE - 683 I;6AL DESCRIPTION r `'t//�/U Parcels A, B, C, D, E, F, and a part of Parcel G, being a part of /the East Half (Ell) of the Northeast Quarter (NEk) of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast Corner (NE Cor) of said Section 3, and considering the North line of the Northeast Quarter (NEk) of said Section 3 as bearing South 89°59'57" West, with all other bearings contained herein being relative thereto: Thence South 89°59'57" West, along the North line of the NE' of said Section 3, 1,312.46 feet; Thence South 00°50'26" West, 1,055.09 feet; Thence South 88°55'11" East, 399.83 feet; Thence North 88°23'56" East, 514.00 feet; Thence North 02°05'43" East, 149.65 feet; Thence North 89°04'04" East, 330.58 feet; Thence South 62°03'34" East, 74.14 feet to a point on the East line of the NE' of said Section 3; Thence North 00°48'12" East, 927 .93 feet to the Northeast Corner (NE Cor) of said Section 3, said point being the Point of Beginning. Said described parcel of land contains 30.403 acres, more or less, including a strip of ground 30 feet in width along the North and East lines of the NE' of said Section 3, reserved for County Road ROW purposes and is subject to any rights-of-way or other ease- ments as recorded by instruments of records or as now existing on said parcel of land. LEGAL DESCRIPTION LOT "A" Parcels E, F, and a part of Parcel G, in the East Half (Ek) of the Northeast Quarter (NEk) of Section 3, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colo— rado, being more particularly described as follows: Beginning at the Northeast Corner (NE Cor) of said Section 3, and considering the North line of the Northeast Quarter (NE1) of said Section 3 as bearing South 89°59'57" West, with all other bearings contained herein being relative thereto: Thence South 89°59'57" West, along the North line of the NEB of said Section 3, 412.46 feet; Thence South 00°50'26" West, 1,048.65 feet; Thence North 88°23'56" East, 13.47 feet; Thence North 02°05'43" East, 149.65 feet; Thence North 89°04'04" East, 330.58 feet; Thence South 62°03'34" East, 74.14 feet to a point on the East line of the NEB of said Section 3; Thence North 00°48'12" East, 927.93 feet to the Northeast Corner (NE Cor) of said Section 3, said point being the Point of Beginning. Said described parcel of land contains 8.565 acres, more or less, including a strip of ground 30 feet in width along the North and East lines of the NEIL of said Section 3, reserved for County Road ROW purposes and is subject to any tights—of—way or other ease— ments as recorded by instruments of records or as now existing on said parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that I have prepared this legal description. F, j* ER EESE ' 4't C 0 do P.E. & L.S. 4392 1 ,, . PROPERTY OWNERS' APPROVAL00 %,; 'AI" We, Lloyd and Jean Branch, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. A Lloyd 134anch6r f i/�,,7,,- (77,-i�!!/ y Jean Branch The foregoing certification was acknowledged before me this 27t1day of June 1984. Witness my hand and seal. My Commission expires: February 15, 1986 f. (i .,( , . 1 dep ) Notary Publici) 1 301 1st St . ; Kersey, Colorado 80644 COUNTY COMMISSIONER'S CERTIFICATE The accompanying plat is accepted and approved for filing. � /.! �J ATTEST: /�Pr '20.x_ (..�s.t4z.�— ' LI,4 a+aM►T4.R,� ,w Board AN of \'1 ^' County`Clerk: Board of County Commissio BY Y t$-s.c .' q krc-rtlt.) Y Dated: tLALD . t ,A, 14971 f • FZEFCF Ef.IGIA1FFPJhI3 1984-77 Hello