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Home My WebLink About830883.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 623 - ALFRED GURULE AND ROBERT SOMERS 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. 623 , being the property of Alfred Gurule and Robert Somers, described as part of the Northeast 4, Section 18, Township 1 North, Range 66 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 "sub- divisided 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 that the hereinabove described parcel of land owned by Alfred Gurule and Robert Somers 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 submitted within ninety (90) days from the date of approval by the Board. LD: ZON RE #623 830d83 Page 2 RE: RE #623 - ALFRED GURULE AND ROBERT SOMERS The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D. , 1983 . /) BOARD OF COUNTY COMMISSIONERS ATTEST: a m WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C ck Carlso , Chairman EXCUSED DATE OF SIGNING - AYE Deputy County Clerk John T. Martin, Pro-Tem APPROVED AS TO FORM: SAtelOcirrantlet Gene R. Brantner Si)a-C :)747-14—rwanr— County Attorney Norman Carlson Japq nue e John n DAY FILE : July 11, 1983 830883 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO July 5, 1983 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption 623 Dear Commissioners: The attached application, plat and related items are in reference to a request from Alfred Gurule and Robert Somers for a recorded exemption. The parcel of land on which this request is being made is described as part of the Northeast 1/4, Section 18, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. The property is located approximately one (1) mile south of Ft. Lupton on Weld County Road 8-1/2. The property contains approximately 18.159 acres of Class VIw and VIIs nonirrigated soils. The request is to properly divide the property into parcels of 2.275 acres and 15.884 acres, more or less. An illegal split has taken place on this property within the last few years. The applicants would like to correct this existing situation and obtain building rights to their parcels. 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 Sub- division Regulations as follows: 830883 Board of County Commissioners Page 2 July 5, 1983 - The 18.159 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 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 Colorado 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 Weld County Road 8-1/2. - The Weld County Health. Department has indicated, in a letter dated June 17, 1983 that both lots will have adequate sewage capacity. The Department of Planning Services staff recommendation for approval is con- ditional 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. Respectfully, €11444a—j21::::) Michael S. Mullen Current Planner MSM:dg 830883 FIELD CHECK FILING NUMBER: RE-623 DATE OF INSPECTION: June 29, 1983 NAME: Alfred S. Gurule/Robert L. Somers REQUEST: Recorded Exemption to correct an illegal lot split. LEGAL DESCRIPTION: Part of the NEB, Section 18, T1N R66W of the 6th P.M. LAND USE: N Residence tank batteries E Residence, old house (built in 1885) _Stage coach stop between Denver and Greeley S Irrigated cropland (onions) W Highway 85 and pasture ZONING: N Agricultural LOCATION: Approximately 1 mile smith of E Agricultural & "I-2" to SE Fort Topton: north of Weld County Road 8 S Agricultural between old Highway RS and Highway RS W Agricultural . COMMENTS: An illegal lot split and transaction of title has taken place on the two lots under review. Lots "A" and "B" have been sold to separate interests by the previous owner. The current owner of the Lot "A" would like to have a building right; a right gained only through the Recorded Exemption process on a parcel of land less than 35 acres. Access to the property is from Weld County Road 8' (grave)) off of old Highway 85. Lot "A" is fenced property without any improvements. Lot "B" has a storpge shed and four horse stalls. Both lots present building siteslas well as some steep slopes. A concrete irrigation ditch runs east-west along the south side of Lot "A". BY: Ro A ison, Current Planner II RA:rg Q'4(lQA'2 APPLiLATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , _915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE 9'5- Q° X2 � 3 0 O5-O/7 /40 es-..5 CASE NO . �4.. �� << � JUN 31983 46,00 ZONING DISTRICT pi iG Cii; DATE APPL . CHECKED BY Nell Cu. Pinning 6�issis — — 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 : NP/ti 5ec . 1 ,7/IV , /2 4042. ( ,n- -(r,„,„ c /.A+, ,Weld Cv�..,- , Co TOTAL ACREAGE : 3Olt 19.151 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes _ No FEE OWNERS OF PROPERTY : Name : A1fre .. a. uuru_1e and = illii_i.e A. Cuxu a __. ----- Address : 2112 Tate Ave. _'t. Lu-;ton, Co. _L (i21 _-_—Phone 9-„Q5'. Name : , c >' / .G. S� w> P �s �xd e v a �c-e L} I.5o yrt e -rs (I:" � ter Address : 12 ≤ N- ,�,�' 7' - r"� L � ^Phone : J.. Name : Address : Phone : WATER SOURCE : Larger Parcel Smaller Parcel _ w -11 TYPE OF SEWER: Larger Parcel _ tic .tic Smaller Parcel _ Seo74c . PROPOSED USE : Larger Parcel pd+ri&.rit- Smaller Parcel teSictenlGe. /S g8 ACREAGE : Larger Parcel Smaller Parcel .2.275" EXISTING DWELLINGS : ( Yes or No) no ( Yes or 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 ) ' f? Sign ture : Owner or Authorized Agent Subscribed and sworn to before me this _' day of __, 19 ( SEAL ) 1. � .. c __ ._.. _ . Notary Publ i My Commission expires Feb. 13, 1985 \ My Commission expires : -- 830883 Fort Lupton, Colo. hay 14th. 1983 We will be constructing a new family residence on theis parcel of land containing 2.2753 acres. The residence will be consistent with the district in which it is lthcated and compat- ible with the existing surrounding area. The application for this residence will comply with the zoning ordinance of this area in Weld County. ditacd& RECORDED EXEMPTION NO. s 62o e93 SS30 F Barr.Line 45.366 Acre Tract 45.366 Acre (Book 569,Rec.a 1491015) Troct L9 "o° r,frs OD 2B$F N SCALE: In=2001 in k, LA 0 LOT B o co co lic M Contains: 15.884 Acres* y. Cl a I Somers Tract _9 W 3 v-xnn a ° r °t O) 0 fti Z — 125.43 y N 82000.081, N NO to m W W_ 3 to x i°L S80°39'35"E 3 147.97 S 25°0848°W 3 0 13.69 0 r. S89°58121"W S15°23'3314 ' 662.93 131.16 47 1 Contains; S00°35'36°W-77.13 i d * 2.275 Acres* 566'19'09"E-61.24 �NBseE �C717.30 00°0 '1W-1.40 center S89°58'21"W 4`South Lin•,NE I/4.Sim.Is S•c.IB I Beginning TIN,R66W LOT A = 2.275 Acres & (� �' :6P/ LOT B =15,884 Acres ± "H TOTAL = 18. 159 Acres t �' OWNERS: t 1 ROBERT L. SOMERS & LOT B CARALLEE A. SOMERS Lat,n 13 r _ . i� 12651 WELD COUNTY RD. 81/2 . i, .1 FT. LUPTON, COLO. 80621 ALFRED S. GURULE & H as (1 j� • MINNIE A. GURULE 1 ,,,) x 2812 TATE AVE. FT. LUPTON, COLO. 80621 _ 4 BM : 4 24 I' • •20 493 PREPARED BY: I ALPHA ENGINEERING P.O. OX 392 LOCATION MAP - SCALE:1.1=20001 L N FT. LUPTON, COLO. 80621 DATE: MAY 26,1983 (File 18—IN6-03 ) Shot I of 2 830883 X RECORDED E . :EMPTION NO. • LEGAL DESCRIPTION: A tract of land located in the Northeast one-quarter of Section 18 , Township 1 North, Range 66 West of the 6th P.M. Weld County, Colorado and being further described. as follows : Commencing at the center of said Section 18 , and considering the South line of the Northeast one-quarter of said Section 18 to bear N89°58 '21"E, with all bearings herein being relative thereto; Thence N89°58 '21"E, along the South line of the North- east one-quarter of said Section 18 , 134 . 89 feet to the TRUE POINT OF BEGINNING, said point being on the Last R.O.W. line of U.S. Highway #85; Thence N04°31 ' 54 "L, along the East R.O.W. line of said U.S. Highway #85, a distance of 1490. 36 feet to a point on the boundary of 45. 366 acre tract of land as recorded in book 569 under Reception Number 1491015 in records of Weld County, Colorado; Thence along the boundary of said 45 . 366 acre tract of land by the following four bearings and distances; S62°20 ' 30"E, 283. 55 feet; S40°00 ' 00"E, 435.28 feet: S19°06 '80"E, 340. 08 feet; 825°14 ' 42"W, 256 .44 feet, (525°14 '40"W, 256 . 14 feet rec- orded) ;Thence N82°00 ' 08"W, 125.43 feet; Thence S07°51 ' 33"E, 220. 55 feet; Thence S80°39 ' 35"E, 147 . 97 feet; Thence 525°08 ' 48"W, 13 . 69 feet; Thence S15°23 ' 33"W, 131. 16 feet; Thence S00°35 ' 36"W, 77 . 13 feet; Thence S66°19 ' 09"E, 61.24 feet; Thence S00°01 '39"E, 1.40 feet to the South line of the Northeast one-quarter of said Sec. 18 ; Thence 589°58 ' 21"W, along the South line of the Northeast one-quarter of said Sec. 18, a distance of 717 . 30 feet to the TRIAL POINT OF BEGINNING. Contains: 18 . 159 acres more or less. Said tract Of land subject to any R.O.W. or other easement as granted or reserved by instruments of record or as now existing on said tract of land. LEGAL DESCRIPTION LOT A: That part of the Northeast one-quarter of Section 18 , Township 1 North, Range 66 West of the 6th P.N. Weld County, Colorado, described as: BEGINNING at the center of said Section 18 ; Thence N89°58 '21"E on an assumed bearing along the South line of said Northeast one-quarter, Section 18 a distance of 134 . 89 feet to the TRUE POINT OF BEGINNING; Thence continuing N89°58 '21"E a distance of 717. 30 feet; Thence N00°01 ' 39"W a distance of 1.40 feet; Thence N66°19 ' 09"W a distance of 61.24 feet; Thence N00°35 ' 36"E a distance of 77 . 13 feet; Thence N15°23 ' 33"E a distance of 48 . 11 feet; Thence S89°58 ' 21"W a distance of 662 . 93 feet to a point on the East R.O.W. line of U.S. Highway #85; Thence S04°31 '54 "W along said East R.O.W. line a distance of 150. 00 feet to the TRUE POINT OF BEGINNING. Contains: 2 .275 acres more or less. .4t.• SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared under my° supervision and that the same is correct to the best ' r of my knowledge and belief.�/�//� er, aod ,: Cecil R. Crowe P.E. & L.S 12330 PROPERTY OWNERS APPROVAL: WE Robert L. Somers, Carallee A. Somers and also, Alfred S. Gurule, Minnie A. Garule, Being the sole owner (s) in fee of above described property do hereby subdivide the same as shown on attached map. _ /{ Robert L. Somers Carallee A. Somers Alfred S. Gurule Minnie A. Gurule The foregoing certification was acknowledged before me this • day of A.D. , 1983 . My commission Expires : NOTARY PUBLIC: Witness my hand and seal . COMMISSIONER' S CERTIFICATE: The accompanying plat is accepted and approved for filing . • Chairman of the board of County Commissioners ATTEST: County Clerk 830883 be Date Shut 2 of 2 /.._....,__.,-...._ s % } ,r s 5 a '4 • �,. + W.♦- "or a""' b ''... '- a j', _ " .rg, 1 t i lit tat ' •{ I .. . .�' ? a` 44{ 4.1 i z @. L0N • 4Iti : I �Q 4 .r.. ` i,C > t Nll�h '� . 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IRRIGATED NON - IRRIGATED W\iNt\E s ror-e COB s BSI s 830883 Hello