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HomeMy WebLinkAbout800630.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 463 - THE EVA HILL TRUST (EDWIN BOOS) . 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 meeting held on the 5th day of November, 1980 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. 463, being the property of Eva A. Hill and The United Bank of Greeley, Trustees of the Eva A. Hill Trust, described as Section 27 , Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows , 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 : Section 27 , Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Lot "A" Part of the SE4 of Section 27, Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows : Beginning at the SE corner of said Section 27 and considering the east line of said SE4 as bearing North 00°00 ' 00" East, with all other bearings contained herein relative thereto; Thence North 00°00 ' 00" East, along said east line, 925 . 96 feet to the True Point of Beginning; Thence North 84°27 '14" West, 374 . 73 feet; Thence South 01°39 ' 54 " West, 49 .47 feet; Thence North 84 °27 ' 14 " West, 341 . 05 feet; Thence North 00°00 ' 00" East, 344 . 25 feet; Thence South 85°58 ' 15" East, 715. 64 feet to a point on the east line of the SEa of said Section 27; Thence South 00°00 ' 00" West, along said east line, 313 . 70 feet to the True Point of Beginning. Said described parcel of land contains 5 . 372 acres , more or less , including 0 . 216 acres , more or less, reserved for county road right-of-way purposes 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 described parcel of land. 800630 / 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" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-lA(3) of the Weld County Subdivision 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 Eva A. Hill and The United Bank of Greeley, Trustees of the Eva A. Hill Trust, 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. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D. , 1980 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /itt / �/ (Aye) C . W. Kirby , airman ABSENT DATE PRESENTED (Aye) onard L. Roe, Pro-Tem &pl.. (Aye) Norman Carlson lr%t rA#- (Aye) L i un ar i (Aye) y ATTEST: '1/4?� ( 6±' ra ,t J ne K. inmar � Weld County C erk and Recorder and Clerk to they Board By: .v.�-/k , /L/A Deputy County Clerk APPROVEDflAS TO FORM: County A torney 800630 DATE PRESENTED: NOVEMBER 12 , 1980 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 November 5, 1980 C. COLORADO Board of County Commissioners Weld County, Colorado 915 10th Stteet Greeley, Colorado 80631 Re: Recorded Exemption #463 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Eva Hill Trust (Edwin Boos) for a recorded exemption. The parcel of land on which this request has been made is described as Sec- tion 27, T10N, R67W of the 6th P.M. , Weld County, Colorado. This property is located 6 miles south of Carr. The property contains approximately 640 acres of nonirrigated soils. The request is to split the property into parcels of 5.372 acres and 634.628 acres. Mrs. Hill wishes to sell the house and 5.4 acres and keep the remainder of the property. Mrs. Hill is not presently living on the parcel. The renters now living on the property would like to purchase the. 5.4 acres. Mrs. Hill is presently living in a nursing home and would like to be relieved of the responsibility of maintaining the house. Based upon the information submitted and the adopted policies in the County, The Department of Planning Services Staff recommends the request be approved for the following reasons: 1. The proposed request conforms with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the Agricultural Zone District (Section 3.3.A. of the Weld County Zoning Resolu- tion) , and the Weld County Comprehensive Plan in that the uses will be compatible with the surrounding agricultural uses. The request will allow agriculture and related uses to be the pre- dominant land uses. There will be no reduction in the amount of land currently being used for agricultural production based upon the stated intent of the involved parties. The request does not exceed the residential density which is currently available to the property because of the minimum lot size for nonirrigated property. 800630 Board of County Commissioners November 5, 1980 Page 2 2. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Respectfully, OtbiLL-TfL2c Vickie Traxler Assistant Zoning Administrator VT:rg 860630 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street, Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . LUO3 APPL . FEE ;, nc, ZONING DISTRICT F; RECORDING FEE -LOO F a DATE (t)--‘'.,;Zr) RECEIPT NO . j ( LL4 ( APPL . CHECKED BY VI-, 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 attached sheet ACREAGE : Lot "A" 5.372 ; Lot " B" 634.628 ; Total 640 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No XX Are there any existing improvements on Lot A? Yes _ XX No Lot B? Yes No XX FEE OWNERS OF PROPERTY : Name :UBG Trustee for Eva A. Hill TrustAddress P.O. Box 1057, Greelpglone 356-1000 Jame : Address — Phone Name : Address Phone WATER SOURCE FOR : Lot "A" well Lot "B" wells could be dug TYPE OF SEWER FOR : Lot "A" septic tank & leach ; Lot " 6" none field PROPOSED USE FOR: Lot "A" residence ; Lot " B" agriculture 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 ) SJ`d' Signature : Owner or Authorize¢/A,ge, t,T3 Subscribed and sworn to before me this _/ lm day of ()'7-DA42 19_6)_12 . SEAL � s2---G- max;= A)* Notary Public My Commission expires : 8( 0630 RECORDED EXEMPTION Na 0303-27- 4 -RE463 -RE463 Legal Description Section 27,Towriship 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Lot "A" Part of the SE* of Section 27,Township 10 North, Range 67 ;West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the SE corner of said Section 27. and considering the east line of said SEI as bearing North 00`00'00" FAst, with all other bearings contained herein relative thereto; Thence North 00°00'00" Fast, along ctitteast line,:-925.96_feet to o eve • e nc' Beginning; - �t ` Q lh Thence North 84°27'14" West,. 374.73:feet; Taw! (VI • South 01° 39'54" West, 49.47 feet; FF Thence North 84°27'14" West, 341.05 feet; /0 l 7 1 Thence North 00°00'00" East, 344.25 feet; Thence South 85°58'15" East, 715.64 feet to a point on the east line of the SE* of said Section 27; Thence South 00°00'D0" West, along said east line, 313.70 feet to the True Point of Beginning. Said described parcel of land contains 5.372 acres, more or less, including 0.216 acres, more or less reserved for county road right-of-way purposes and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as nav existing on said described parcel of land. Surveyor's Certificate 4E„nu,,, R FR"F'a a I hereby certify that this plat was prepared under my supervision, and, FE. 61suRfo• F the same is correct to the best of my knowledge and beli ?� I • -:. i P m •o a =*�H 392y * Jas r eese mss 7 / Colo 'do •.E. & L.S. No. X1392 �•qcp" �o�:E:::''••e Property Owner's Appro'. ```�+Q ,HQn�0 We, Eva A. Hill and The United Bank of Greeley, Trustees of Eva A. Hill Trust, being the soleowners in fee of the above described property do he r subdivide the same as shown the attached map. C.E trill'', c. a. /Ran-sr aaoan1 Rn aea,"6R.re74rr.r:KP,r T.O. ep-Tharn- in The foiegting certification was acknowledged before me this 14 day of pg A.D,, 1980. Witness my hand and mil. My Ca[mission Expires: - 4-4-83 947--„_,Notary Pub Planning Comussion Certificate The aucxxrpanying plat is accepted and approved for fili /, r. it � . Chairman, Board of County Comndsssioners ATTEST: County Clerk c::.''AP- f' �. . ,' _ . ' ted , - _cr;�ry Cc Dated ��—s — �9P0 800630 ® OTTO & CULVER .r,oftrm.icoroaari«n LAND SURVEYORS RECORDED EXEMPTION N° 0303-27- 4 - RE 463 ti k to/oke/i ✓/./o- Z Nry Cyr NE C_rf •S;Pe 17 _. Seez7 `or .s , sae= 27 Vass, �: _ _:":iT _' 16r,4' 'v.,. rip/..le rf,yr "yin red' ...- ci ;41 . .4er;," 1\a21 it t,; k,a,4 �^ ► K 8 4;s�✓��.s«. 27 ie� y, aq *ab,,r $q stab:/1/A9d' qq est.,/.ir& • _ e,), at 2C/ " — 6"372 *Acres /1A.,frev II -At:, 4ea0 tee. Z et- 1/oelading el.Z/G *,9cre Di' see. Z7 coo'n/r road&e.o.w. ) -.y/0N.,if.-`.71-" / Po,.vr ar e6G/N 4a," 21 22 _.. 23 OWNERS -: 1 Eva ,4. M// an, A'e !/n;ledBaok o C Rd.114 0,a:ree/ey , Ti-as/ees orb Me • `) a A. ,Y,// Tres f t /ova /O Jb' S/reef ' Gtee/ey, Ce/o. doaa/ <or te3 (.. .^,• 27 28 I\ Pest 3 N a v aor IU A co.2A.112 r. /ON. PI/C/N/T1" MAP LL 33 34 w 35 ale:/sex loop' B(10Va30 ® � 0170 & CULVER a Profesfa,Icorpaation LAND SURVEYORS Legal Description Section 27,Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Lot "A.. Part of the SE} of Section 27,Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado being anre particularly described as follows: Beginning at the SE corner of said Section 27 and considering the east line of said SE* as bearing North 00° 00'00" East, with all other bearings contained herein relative thereto; Thence North 00'00'00" East, along said east line, 925.96 feet to the True Point of Beginning; Thence North 84° 27'14" West, 374.73 feet; Thence South 01° 39'54" West, 49.47 feet; Thence North 84'27'14" West, 341.05 feet; Thence North 00000'00" East, 344.25 feet; 'thence South 85°58'15" East, 715.64 feet to a point on the east line of the SE} of said Section 27; Thence South 00°00'00" West , along said east line, 313.70 feet to the True Point of Beginning. Said described parcel of land contains 5.372 acres, more or less, including 0.216 acres, more or less, reserved for county road right-of-way purposes 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 described parcel of land. • 800630 Greeley,Colorado 80E Telephone:(303)356-1000 90 United Bank VN) of Greeley September 29, 1980 Department of Planning Services and Weld County Commissioners Weld County Courthouse 915 - 10th Street Greeley, Colorado 80631 We are requesting a recorded exemption for a parcel of land belonging to Eva A. Hill and the United Bank of Greeley Trust Department, consisting of 5.372 acres lying in Section 27, Township 10 North, Range 67 West. The reasons for our request are: 1) Eva A. Hill is now living in a nursing home and needs the money derived from the sale of this acreage to help pay for her care. 2) The people now renting the house on this acreage want to purchase the house and the acreage immediately surrounding the house. 3) The 5.372 acres have never been farmed with the rest of the section, having been used as a yard, garden and corral . It would undoubtedly never be farmed; it is fenced out from the rest of the farm. 4) The present renter of the farm, as well as other potential renters have no interest in keeping the house and the yard as part of the farm. In fact, they have informed us that the house and yard would be a liability to them should they seek to purchase the farm. They want only the farm land-not the house and yard. Most farm units are being purchased by farmers who have their own homes; thus they have no need for another house to pay for and look after. 5) Presently, the daughter of Eva A. Hill is responsible for the house and yard, and she would like to be relieved of this responsibility, since it is to everyone's advantage to sell them separately from the farm. Early action on your part would be appreciated by all concerned. Very truly yours, cc- c �'Z-", Edwin C. Boos Senior Vice President and Trust Officer ECB/dk 800630 j - 23 i 22 22 24 7N ) \� 5 27 I 27 i 26 25 3 l t.otA 1 112 cI 34� 35 j C . 36 34 = — y� F . ' S I -, T 10 N — c 3a 1 � \ JN / N U NI ) �.V (/— � \ ; ) ) w s � J 800630 REFERRAL LIST - rn APPLICANT Eva Hill 1 CASE # Recorded Exemption 463 W REFERRALS SENT OUT ON: October 21, 1980 x v REFERRALS TO BE RECEIVED BY: October 31, 1980 C Ga H C CC[C H7. U U Cl H O U tZ Ea ti REFERRALS RECEIVED OCT 27 1980 County Attorney County Health X OCT 241980 County Engineer - ^ Dr. Jeris Danielson OCT 3 1- 19R^ State Engineer, Division of Water Resources Department of Natural Resources 1313 Sherman St. , Room 818 Denver, Co. 80203 -- 8‘0630 4 - _ RE463 _ - 11-2-80 - _ Eva Hill ?QUEST: Recorded Exemption ?`EAT DESCRIPTION - Section 27, T10N, R67W = D ]; Iryland Agriculture and Pasture 11 S 1f Z CYN]N G : N Agriculture >>OCAT] ON: 6 miles south of CanIA E — S • CO,7MEN TS : Lot A contains one residence and several outbuildings set back from the road. Acess is existing to County Road 21 (gravel surface) . Lot B is mixed dryland wheat and pasture. There are no improvements on Lot B. BY: 11 p oMr net RECORDING DATA - MAPSb PLAT" Recorded Recorded Exemption tion #03O3-27-4-RE463 - _- __ .----------•'"`- NAME OF SUBDIVISION Eva A Hill Trust/Trustees Range 67 West of Part of the SE, of Section 27, Town hlP 10 North, NAME OF SUBDIVIDER Weld County, Colorado LOCATION OF SUBDIVISION the 6th P.M. NOV 1 ? WO BOOK 20RF r:F P T I oN # 18 17 1 �1nTF OF RFCf►R{IINf, �-.------�---�--�-""' MARY ANN FEUERSTEIN wFLU COUNTY CLFRK AND RE-CORDER DEPUTY COUNTY CLERK & RFCORnFR 800630 Hello