HomeMy WebLinkAbout800614.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 449 - EDNA COLLINS, ET AL.
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 16th day of July, 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. 449, being the property of Edna Collins, et al. ,
described as Part of the Northeast Quarter of the Northeast Quar-
ter of Section 33, Township 6 North, Range 66 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:
Part of the Northeast Quarter of the North-
east Quarter of Section 33 , Township 6
North, Range 66 West of the 6th P.M. ,
County of Weld, State of Colorado being
more particularly described as follows :
Beginning at the Northeast corner of said
Section 33 , and considering the North line
of said Section 33 as bearing South 88°52 ' 32"
West with all other bearings contained herein
relative thereto;
Thence South 88°52' 32" West along said North
line of Section 33, 1145. 98 feet;
Thence South 01°07 ' 28" East, 255. 52 feet to
the North Right-of-way line of the Colorado
and Southern Railroad;
Thence South 75°05 ' 54" East, along said North
Right-of-way line, 1180. 45 feet, to a point
on the East line of said Northeast Quarter
Northeast Quarter;
Thence North 00°00 ' 00" East, along said East
line, 581. 52 feet to the Point of Beginning.
Said described parcel of land contains
10. 976 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 described parcel
of land.
800614
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 Subdi-
vision 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 Edna Collins , et al. , be, and hereby is,
exempt from the definition of the terms "subdivision" and "sub-
divided land" pursuant to its authority under Section 30-28-101
(10) (d) , CRS 1973, as amended, with a common access drive to
said property from Weld County Road 64.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
July, A.D. , 1980.
4 BOARD OF COUNTY COMMISSIONERS
ATTEST: IQ . (�_n f f� �n44a<r'/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder C. /e� l� ti (Aye)
and Clerk to the :e _ .. C.
1Sn, (y, airman
By: h ! � £ a4aj% - 2• (Aye)
eputy C:unty'ierk eonard L. Roe, Pro-Tem
A :. D AS TO FORM: (A e)
�r Norman Carlson
County Attorney e)
a un ar
)5 a7/Y�.li ; lAye)
e K. S einmark
800614
DATE PRESENTED: JULY 21, 1980
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OTTO & CULVER a Professional Corporation
LAND SURVEYORS
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(. l ' " . .0 E/0Ei'v -ION N2 0805- 33- 1^RE 448
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_i_ega___e5__ i �t;on �0 O9
'art of the Northeast Quarter of the Northeast Quarter (NE', NE'a) of d��" ( 0 C
-ect;.. on 33, Township 6 North , Range 66 West of the 6th P.M. , County of
Weld , State of Colorado being more particularly described as follows: G ! (9-I
Beginning at the Northeast corner of said Section 33, and considering the
north line of said Section 33 as bearing South 88° 52 ' 32" West with all
other bearings contained herein relative thereto;
Thence South 88° 52 ' 32" West along said north line of Section 33, 1145.98 feet;
Thence South 01° 07'28" East, 255.52 feet to the north Right-of-way line of
the Colorado & Southern Railroad;
Thence South 75°05' 54" East, along said north Right-of-way line, 1180.45 feet,
`r to a point on the east line of said NE'q NE'q;
Thence North 00° 00'00" East, along said east line, 581 .52 feet to the Point
of Beginning.
Said described parcel of land contains 10.976 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 described parcel of land.
PSurveyor's Certificate
I hereby certify that thisplat was
prepared under my supervision ; and that
V the same is correct to the best of my knowledge and belief. ++.,a,' aY'+e:,
- va .pe r se f47 r- 1.
r et e
Co •ra... P.E. & L.S. No. 43'9tei" L° ' •"r �s -
t it•rs
Property Owner' s Approval . + er.+.`. ®
-r.,; .a°�raj�i.
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i we, Edna D. Collins and Darryl T. Collins , being the sole owners in fe2' es 'G'
I the above described property do hereby subdivide the same as shown on the
attached map.
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Edna D. Collins/Owner Darry T. Collins/Owner
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The foregoing certification was acknowledged before me this ifLit.
6' day of 7+ ;._ , A.D. , 1980. Witness my hand and seal .
tom-':,:, _
My Commission Expires Notary Publli'c
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' Planning Commission Certificate
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1 The accompanying plat is accepted and approv�`d fnr frTing
r -ill, i rm Chaian., Board of County Commissioners
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ATTEST: COUNTY CLERK , d `-s.2 .
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t e Deputy Caurt£y c:,+erZ
DATED 1 F "` / " $a `
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oito & CULVER aProlessionalCorpontion LAND SURVEYORS
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C. July 16, 1980 NEED COUNTY frMISSIINEIS
COLORADO : t ,
JUL[ 141985J
Board of County Commissioners GREECE. COLD.
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Dear Commissioners: RE #449
The attached application; plat, and related items are in reference to a
request from Edna Collins, et al for a recorded exemption. The parcel of
land on which this request has been made is described as part of the NE'
NEB, Section 33, T6N, R66W of the 6th P.M. , Weld County, Colorado. This
property is located in the southwest corner of Weld County Road 64 and
59th Avenue (Weld County Road 31) . The property contains approximately
10.976 acres of class IV nonirrigated soils. The request is to split the
property into parcels of 6.0 acres and 4.976 acres.
On May 21, 1980 the Board of County Commissioners approved a request from
Edna Collins, et al for a lot size variance so that they could make applica-
tion for this recorded exemption. At the time the Board made the decision
on that request, the Department of Planning Services Staff submitted a
letter of recommendation to the Board. A copy of that letter is included
in the attached materials. Nothing has been received by our office which
would change our recommendation of approval for this request as outlined
in the letter to the Board of County Commissioners dated May 21, 1980.
This request complies with the provisions of Secion 9-4 A. of the Weld
County Subdivision Regulations.
The applicant has proposed a common access drive to the property from
Weld County Road 64. The Greeley Planning Commission has recommended
no objection to the common access drive or the Recorded Exemption request.
(See letter of June 26, 1980.)
Respectfully,
CA)-#.vs-Qi1/41it'
Chuck Cunliffe
Assistant Zoning Administrator
CC:rg
s00614
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 . 991 APPL . FEE :1p,QQ
ZONING DISTRICT t;t064#4.% RECORDING FEE
DATE (o -a% SO RECEIPT NO . I2/2)%
APPL . CHECKED BY kit
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 :
Part of the NE4 of the NEB of Section 33, Township 6 North, Range 66 West of the 6th
P.M. County of Weld, State of Colorado, being more particularly described as follows:
Beginning at the Northeast corner of s8id Section 33, and considering the north line
of said Section 33 as bearing South 88 5g'32" West with all other bearings contained
herein relative thereto: thence South 88 52'32" West along said north line of Section
33, 1145.98 feet; thence South 01 07'28" East, 255.52 fees to the north Right-of-way
line of the Colorado & Southern Railroad; thence South 75 05'54" East, along said
north Right-of-say line, 1180.45 feet, to a point on the east line of said NE'NEki;
thence North 00 00'00" East, along said east line, 581.52 feet to the Point of Beginning.
ACREAGE : Lot "A" 6.000 ; Lot " B" 4.976 ; Total 10.976
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X
Are there any existing improvements on Lot A? Yes X No
Lot B? Yes No X
FEE OWNERS OF PROPERTY :
20915 Weld County Rd 31
Name : Edna D. Collins Addresreeley, CO 80631 Phone 352-4428
Name : Darryl T. Collins Address 109 Snowcap Dr. Phone505-25'7-/651
Name : Address P.O. Box 345 Phone5O5-257-/074
domestic welloso, N.M. 88145 domestic well or North
WATER SOURCE FOR: Lot "A" North Weld County ; Lot " B" Weld County Water District
hater Disffldt. aVyailhble
TYPE OF SEWER FOR: Lot "A" septic tank ; Lot " B"septic tank
sfamilyingle single family
PROPOSED USE FOR : Lot "A" ling ; Lot " B" allin g
�h7
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 .
L 2i
COUNTY OF WELD ) /j'
STATE OF COLORADO ) %J d-��Gr.—i
/��
Sign ure : Owner or Authorized Agent
Subscribed and sworn to before me this 5th day of June , 1980 .
SEAL if/arse-1j
Notary Publi
nrtnher 1 , 1981
My Commission expires :
800614
At ?Q
•
LAW OFFICES
HOUTCHENS, HOUTCHENS AND DANIEL
1007 NINTH AVENUE
BARNARD HOUTCHENS GREELEY,COLORADO 80631
S.ROBERT HOUTCHENS TELEPHONE 353-9195
RODGER I.HOUTCHENS AREA CODE 303
JOHN B.HOUTCHENS
JERRY C.DANIEL June 5 , 1980
KIM ROBERT HOUTCHENS
THOMAS A.HOUTCHENS
Department of Planning Services
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Application for Recorded Exemption
Edna D. Collins
Gentlemen:
It is the desire of the owners of a part of the NEaNE3
of Section 33 , Township 6 North, Range 66 West of the 6th P.M.
Weld County, Colorado, to obtain a recorded exemption for subject
property for the reasons stated below.
The property was purchased in 1961 by Harold E. Collins,
Edna D. Collins and Darryl T. Collins. The property has been
the principal residence of Harold E. Collins and Edna D. Collins
since 1961. Darryl T. Collins, son of Harold E. Collins and Edna
D. Collins, has never lived on the property. Harold E. Collins
passed away February 10, 1980.
Harold Collins retired as service station mechanic in
1976. Harold and Edna have lived on the property existing on social
security since his retirement, their only other income being pasture
rent on the property located south of the railroad right of way.
Edna Collins does not want to and cannot financially afford
to leave the property. She owns horses and other domestic pets and
the property is ideally situated for keeping the horses and pets.
The property has been her home since 1961. To leave would mean the
loss of her home and pets she has so dearly loved. Both she and
her late husband have put much effort into paying for the property
and keeping it in a livable condition.
However, as stated above, Mr. and Mrs. Collins were living
mostly on social security. The death of Mr. Collins has taken all
of the couple' s savings. Mrs. Collins is now forced to exist on a
social security payment of approximately $295. 00 per month and a
pasture rent of $50 per month. This is not enough for a person to
exist on.
6(614
-2-
Two options are available to Mrs. Collins:
(1) Sell the property. This would mean losing her
home and pets. This would also mean that she
will have to find another place to live. At
today' s property costs and interest rates
Mrs. Collins could not afford to purchase another
home and still have sufficient income to live on.
(2) The other option is to sell a part of the property
and retain a small acreage for her home and as a
pasture for her horses. The income from the selling
of the land would give her the funds required to
exist on. Mrs. Collins desires to obtain the
approval of the County Commissioners in order to allow
her to follow this option.
Mrs. Collins has a purchaser who is willing to purchase
all of the area located south of the railroad right of way and
the four plus acre tract located north of the railroad right of
way. The purchaser desires to build a home on the 5 acre tract.
The area south of the railroad does not have a suitable building
site. The purchaser has also required that as a part of the sales
contract that he be given first right of refusal for the purchase
of the remaining 6 acre tract. The addition of another home to
the property will also be a security benefit to Mrs. Collins. At
present the nearest neighbor is over 1/4 mile away.
The area located south of the railroad is used only as a
pasture. It does not have a dependable irrigation water supply,
relying only on seepage water for irrigation. The land is too
wet, alkaline and rocky to support a cash crop. It is also located
adjacent to a cattle feed lot.
The area located north of the railroad has not produced
a row crop since prior to 1961. It produced an alfalfa crop until
about 1967. Water costs then forced it to be converted to a
pasture. Since that time it has grown only grass and has been
used as a horse pasture.
A North Weld County Water District water main and a
natural gas main traverse the north boundary of the property.
Paved roads are located on the north and east boundaries of the
property. The addition of one more home to the property will
not affect the rural nature and density of the neighborhood.
The land is not now used for agricultural purposes. The approval
of this request will remove no land from the agricultural
inventory. It will in fact allow an orderly development of an
area not suited for agriculture and enhance the appearance of the
neighborhood..
860614
-3-
Darryl T. Collins has a one-third interest in the
property. This was done at the time of purchase of the
property to satisfy lienholders and to provide a donation
of funds to assist with the property purchase. Darryl will
deed his interest to Mrs. Collins upon sale of the property.
He will receive no monetary funds , payments or compensation
for his interest. Sole financial benefits from the sale of
the property will go to Mrs. Edna Collins to be used for
payment of outstanding debts and provide for her an income
to live on.
We do hereby respectfully request that approval be given
to this request.
Very truly yours,
BH/w rnard Ho tche%ins
8(0614
DEPARTMENT OF PLANNING SERVICES
_ - PHONE 1303,3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
•
COLORADO
May 21 , 1980
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
- RE: Lot Size Variance #112:80:9
Dear Commissioners:
The attached letter and related materials are in reference to a request for a lot
size variance from Edna Collins, et. al . The property on which this request has
been made is described as Pt. NEa NEa Section 33, T6N, R66W of the 6th p.m. , Weld
County, Colorado. This property is located in the southwest corner of County Road
64 and 59th Avenue. Cw..,,k1Qt1.b\
The property under consideration contains approximately 10.96 acres of class IV
non-irrigated soils. The request is to obtain a variance from the minimum lot
size requirement, Section 9-4.A.(6) of the Weld County Subdivision Regulations,
so that they may make application for a recorded exemption.
Mrs. Collins wishes to sell the four acre tract. Mrs. Collins will keep the
remaining six acres with her present residence.
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 request is in compliance with the policies of the Weld County Comprehensive
Plan in that to minimize conflicting land uses , residential development will be
encouraged to locate adjacent to existing towns in accordance with the compre-
hensive plans and stated wishes of each community. The parcel is located
approximately 1 mile northwest of the City of Greeley. The City of Greeley
Planning Commisssion has no objections to this request provided there is a
common access drive onto County Road 31.69�'�'Qutnui,
2. The request conforms with the intent clause of the recorded exemption procedure
and the intent clause of the Agricultural Zone District in that the uses will
be compatible with surrounding agricultural uses . The size, shape, and physirl
800614
oard cf County Commissioi._, s
LSV-112 :80:9
may 19, 1980
Fete 2
layout of the parcel diminish the efficiency of agricultural operations on
the parcel .
3. This request complies with the provisions of Section 9-4.A. (6) of the Weld
County Subdivision Regulations because in the opinion of the Department of
Planning Services staff the applicant has shown good cause for the variance.
The Department of Planning Services staff recommendation for approval is conditional
upon the applicant agreeing to use a common access for both parcels in accordance
with the recommendation of the City of Greeley Planning Commission. The common
access should be noted on the recorded exemption plat at the time of submittal .
Respectfully,
0 ie 1—rw- r
Vickie Traxler
_ Asst. Zoning Administrator
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LEGAL DESCRIP- DN apt. 9AI �3dk'
CASE NO. PC- 449
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
800414
4
FIELD CHECK
FILING NUMBER: LSV-112 DATE OF INSPECTION: April 28 , 1980
NAME: Edna Collins
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt . NE* NE* Section 33 , T6N, R66W
LAND USE: N Agricultural
E Agricultural
S Agricultural
lq Agricultural
ZONING: N Agricultural
LOCATION: SW corner of intersection E Agricultural
County Road 64 and 59th S Agricultural
Avenue l9 Agricultural
COMMENTS:
Eastern part of the property is where the improvements are loctated. These
include a house, garage , barn and corrals.
Balance of property not used for improvements is cultivated. Accesses
are existing to the property. County Road 64 and 59th Avenue are paved .
The C & S Railroad runs along the southern edge of the property. Drainage
appears to be the southeast corner of the property.
BY: 6\VTISLOAP-Iii4
'P .
614
ate " ,�a n m ,; •
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CREELEY CIVIC CENTER
GREELEY. COLORADO 80631
PRONE '3031 353-612]
June 26 , 1980
Vickie Traxler
Assistant Zoning Administrator
Weld County Department of Planning Services
915 Tenth Street
Greeley , CO 80631
Dear Vickie:
The Greeley Planning Commission at its meeting on June 24 , 1980
reviewed the request for a Recorded Exemption which includes a
common access drive off County Road 64 on the Collins property
located at the intersection of County Road 64 and County Road 31 .
The Commission recommended no objection to this Recorded Exemption .
If you have any questions with regard to this matter , please do not
hesitate to contact our office .
Respectfully,
7
Ken McWilliams
City Planner
KM:AJ : ka
Enclosures
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196 c>;-- high_ b t31%an»i• ad Cegnrlrryo�
"A COMMUNITY OF PROGRESS"
800614 _ ' ;w
RECORDING DATA — MAPS & PL
NAME OF SUBDIVISION
Darryl T CollinsAnd_ Edna D Collins (NE4 NE4) of Section
NAME OF SUBDIVIDER , _ Edna
N -
The Northeast Quarter of the Northeast Quarter County of Weld,
o nshi North. Ran a 66 West of' the 6th P.M. , __
nrarloN OF SUBDIVISION �,,Stat o��aao 1831234
7 199Q BOOK 909 RF CEP T I ON M
DATE OF RECORDING L.-�-=-�-
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BY
DEPUTY COUNTY CLERK b RFCORDFR
800614
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