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HomeMy WebLinkAbout841237.tiff RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 215 - A.C. AND MARCELLA VALENCIA AR1461784 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 has reviewed the request of A.C. and Marcella Valencia for an exemption from the definitions of "subdivision" and "subdivided land" in Section 30-28-101 (10) (d) , CRS, as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations , and WHEREAS, this Subdivision Exemption request from A.C. and Marcella Valencia is to correct an illegal lot transfer which occurred January 1 , 1978 . WHEREAS , said land is located in Part of the NEa, Section 2 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: CREATED PARCEL A tract of land located in the NEa of Section 2 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more parti- cularly described as: Considering the E W centerline of said Section 2 to bear S89°57 ' 51" W, and all other bearings being relative thereto: Beginning at a point on the E W centerline of said Section 2 whence the Ea Corner of said Section 2 bears N89°57 ' 51" E, 345 . 00 feet; thence , S89°57 ' 51" W, 740 . 65 feet; thence, N25°15 ' 33" W, 133 . 00 feet to the North water line of the Lower Latham Drain as measured August 23 , 2977; thence , N89°16 ' 17" E, 799 . 41 feet to a point on the North water line of the Lower Latham Drain as measured August 23 , 1977 ; thence, S00°51 ' 13" W, 130 . 00 feet to the point of beginning. The above described tract contains 2 . 215 acres, more or less, and is subject to easement and/or rights-of-way of record. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the above described parcel be, and hereby is, declared to be exempt from the defi- nitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS, as amended , and Section 2-1 A. (3) of the Weld County Subdivision Regulations . B 1025 REC 01961789 04/05/84 09: 02 $0 . 00 1/002 F 2039 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO / 1% -4: F 841237 (Th Page 2 RE: SE #215 - VALENCIA BE IT FURTHER RESOLVED by the Board that this approval is subject to the applicant submitting proof of access and such proof of access shall be placed on the plat and submitted to the office of the Department of Planning Services to be recorded. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1984 . x Q t�¢ linnlTet BOARD OF COUNTY COMMISSIONERS ATTEST: f/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson, Chairman Jn By,: � Vw Z 2.0 C EXCUSED DATE OF SIGNING - AYE Deputy County Clerk Jacqueline Johnson ARIVVEJ5 * ITO FORM: � B 1 Gene R. Brantner County Attorney C k Carlson(n c/� ^77'?,24. J n T. Martin B 1025 REC 01961789 04/05/84 09: 02 $0. 00 2/002 F 2040 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 040484 FLOW SHEET COUNTY COMMISSIONERS MEETING DATE: 717p2d, APPLICANT: WC, //e, i,A /ia r[e,e4, I/Gt//Pi✓�Gj�` REQUEST: A // �u ,p-P/.t.)(c X,v� P/ drpear• pp LEGAL: P11. Ai Yq cec, Z T•y/Y O�I6G✓ LOCATION:G%' cdi3Q'1 DATE BY Application Received 3. /6 •3-t( Application Complete 3_//6•c ,49 Sign Given to Applicant / Sign To Be Posted By: Letter to Applicant Drafted q /� y� ' Referrals Listed tVO __Y.Q ( ( /'- Air Photo and Maps Prepared • Soils Map Prepared 3 'a •qbq• File Assembled !B� _c?1 Letter to Applicant Mailed � Referrals Mailed Chaindexed y Prop. & Mineral Owners Notified By: - Field Check By DPS Staff 3-L/ '� j 121 DPS Recommendation Drafted 7-2—, .,t e /241_ DPS Recommendation Typed 3'2 r •f y Packets Xeroxed 3.Z 1•icy CC Action: 7_Li, (N /�I E.l -endfer-Resolution Recorded q^5 met History Card Completed [V--//-8Y iled e-/—// �/ �� r. TO: Board of County Commissioners Date: March 28, 1984 Subdivision Exemption # SE215 Applicant: A.C. & Marcella Valencia Legal Description of Property: Part of the NE1, Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. Location of Property: approximately one (1) mile west of LaSalle, west of Weld County Road 35 The owners of the property described above have requested an exemption from the Weld County Subdivision Regulations under Section 9-3E. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT X Fall in flood plain or geologic hazard area X Agree with the Weld County Comprehensive Plan X Create new parcels eligible for building permits X Agree with surrounding land uses COMMENTS: Approval of this request would correct an illegal lot transfer. The transfer occurred January 1, 1978, in the Agricultural Zone District. The subject site contains no improvements. The subject site was originally part of a sixty (60) acre parcel owned by the Darnell Family. The subject site is located in the one hundred (100) year flood plain. The subject parcel does not appear to have legal vehicular access to Weld County Road 35. . , , eV at , ,. _ ,_ N, ' C 1. 4� FIELD CHECK FILING NUMBER: RE-672; SE-215 and SE-216 DATE OF INSPECTION: March 21, 1984 NAME: Matsushima, Vallencia and Bush REQUEST: A recorded exemption and two (2) subdivision exemptions LEGAL DESCRIPTION: Part of the NPR. Section 2, T4N, R66W of the 6th P.M. , Weld County LAND USE: N Weld County Road 394, residence and cropland E Approximately Z_amall trCIs_gf. laad, each with a residence and Weld County Road 35 S T nwer Tatham Drai��-crnDl d W Cropland ZONING: N Agricultural LOCATION: Approximately one (1) miles west E Agricultural of La Salle S Agricultural WAgricultural COMMENTS: Parcel 048 contains the following improvements: residence, barn, old cars (junk?) and scrap wood. Parcel 070 has no improvements and is irrigated cropland. Parcel 068 has the following improvements: residence, large metal building (old turkey processing facility)and outbuildings. The balance of parcel 068 is irrigated cropland. Parcel 069 has no improvements and exists as irrigated cropland. Parcel 071 has no improve- ments and exists as cropland. All existing residences have access via Weld County Road 394. BY.KO 11ison, urrent Planner 11 RA:rg APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 400 lenar*men* of nlannino Services, 915 10th Street . Greelri , Colorado 80631 FOR PLA';'li'fl DEPARTMENT USE ONLY : CASE NO. APPL. FEE , rrp 7O';r+;r, DISTRICT / r5r + Ct41t.t RECEIPT NO. / 3336 DA?` 3 r `�� APPL. CHEC:.Ef, BY TO BE COflPLL7ED BY APPLICANT: (Print or type only except for required signatures) : i (we) , the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in decordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations by ti'.' 'Nv'd County Board of County Commissioners. HAL U' SC 'f'0';: Part of NEI Section 2 T 4 N R 66 W See legal Description on attached deed his this property been divided from or had divided from it any other' property since August 30, 1972? Yes g No FEE OWNERS OF PROPERTY: Narie: A.C. Vallencia and Marcella M. Vallencia ,ddress: — 23522 WCR 35, LaSalle, Colorado ' Phone 284-5447 :ddces s: Phone Address : ---- Phone acreaoe of the pr'r"err 'y involved: 2.215 Acres ! inn 1.,m' vie of the sot roper*y involved: Agricultural Tract tinn 1aric use of the '.d.'dcent r,ro•-)erties: .'forth: Agricultural Tract South : Agricultural East: Agricultural Tract West : Agricultural I hereby depose and state under the penalties of perjury that all statements, ; rnposa'. s , and/or plans submitted with or contained within this application are tccc and correct to the best of my knowledge. STATE OF COLORADO ) COUNTY OF WELD S nature: C,rner or Authorized Agent `.uhscribed and sworn to before me this /tea day of Al lg SEAL N ary Publ =�9 /42- 2 "C7)419 Li cat- G r: � w��::r,ns , 'un expires : • .��e�� Cr," o Vallencia Recorded Exemption The subject property consists of approximately 2. 215 acres at • the extreme south boundry of property which was owned by Angeline Durnell. The main parcel of ground is approximately 211 miles west of U.S. Highway 85 along WCR 394. The property was given to the applicant on January 1, 1978 and transferred on that date by warranty deed. It was transferred without the proper land split approvals from the county and the illegal land split was brought to our attention recently. It is therefore necessary to go through the subdivision exemption process as a cleanup procedure. GOLDEN WEST REAL ESTATE 1422 8TH AVENUE GREELEY, COLORADO 80631 PROMAR PROPERTY SERVICES FT. COLLINS, COLORADO 80524 INVOICE CCSI for 1/28 to 2/27 $38.90 • Monthly Charge $ 5.00 TOTAL DUE $43.90 9 L. 269 2g ' I 3 9 `- ' �� ` 406V0e - 5 7 ro tai ,4.6-ti-r. ' n�A bqb b di ,f/1 1 i'3 hory } T I e. I i4 Ic), n, ` 14c63S2 rdAuL ,1b�.93 ‘t.. ♦ In 5as MAnUSH1MA Oi x a pAL q h N V • Ai9'\______________ • 32B.oG. • !. rl 4 hl 5 7.3 m' thi LI • ;741753 \ MATS 1 t1A )- M N; 4r.... m V J • v} h \ \s' m nii 799.4/ ! • 4 • • Pr7 r Boo Rent:.a No 177Jbb•1 -/ y- ./' DEC, Recorder. .ell Recorded at. .. /(•.. uiluY /'. N L,1 II 1 1978v . • -----L j ---b'L1 •4 . Colorado 11 rl THIS DEED. Made this RECORDER'S STAMP i 1 wQ lb 78,brtwesn 30th day nr October ANGELINE DURNELL, whose address is r i i'' i 16750 Weld County Road 394, LaSalle, II f I . II it • I ! , e .' i ,1 of the Count[of Weld i ( , ,• •red State or s d' ;� Cobrado,of the Nntwn.and A. C. VALENCIA and tURCF.LLA tt Y M. VALENCIA, husband and wife, Yw'� `^#%{° whoaetteeinieresata 235 Weld County Road 35, LaSalle, II t e • of the County of Weld II t~>f. 4.4'. and Starr r, Colorado,of the . 'urn pan: .t't,h: n; : WITNESSETH,that the said party of the first part.for and �, ,' • Other Valuable Consideration and 'r consideration of tA,•sum of bye,p TEN DOLLARS. to the said ., 3t V party of the riot pan in hand paid by the said panics of the second pan. the receipt whereof is .,f hereby confessed and acknowledged.hag panted. bargained.sold and conveyed.and by these presents do $'�t,�'y :� [rant.bargain,sell, convey and confine unto the laid . ...n.! in tenancy Wrue&of the second part. their heirs and assigns e not I 11elia C 1 in common but in Joint tenancy,all the following described lot or parcel of land.situate,lying in[ia the County of Weld and State of Colorado,to wit: and ' A tract of land located in the NIA, of Section 1, Townshi;. 4 North, Range 66 West - . i .I'� �Iof the 6th P.H., Weld County, Colorado, being more particularly described as: ' C., Considering the E W centerline of said Section 2 'o hi-ar c 89057'51" W. and all other bearings being relative thereto: Beginning at a joi.•, 3•Sds i'•d' , line of said Section 2 whence the E; Corner of said Section t 20 bears 6 89°57'51•' R"M 1 ' 1'' ' E 345.00 feet; thence, S 89°57'51" W, 740.65 feet; thence. t. o C/� ' feet to the North water line of the bower Latham Drain asreasur rd August W. , c..'. 1I 1977; thence, N 89°16'17" E. 799.41 feet to a point on the North dater line of 11`x f8 the Lower Tatham Drain as measured August 23, 1977; thence, S :0°51'13•' W, 130.00 • ‘l ) . feet to the point of beginning. The above described trier contains 2.1L` acres, "("+{} y r or lessS and isumbesubject to easement and/or rights of day of record. _''^ , 'J an re as street and number• 1 TOGETHER with all and singular the heredtramrnts and a.- _it,appertasnmg, the reversion DPurtere n,, thereunto be or in mown.-the �i� )„and reversions, remainder and remainders, rents, mu.,and profits "4.i! II estate. nght, tine, interest, claim and demand whatsoever of the said pan of the first thereof;,either and all the I• equity, of, in and to the above bargained y pan. in law or ,Ay(h premise., with the hereditament.and appurtenances '.CC1�t sy r'' TO NAVE AND TO HOLD the said premises above bargained and described, with the• a„1'Y,. );a'•l' panic,of the second part,their heirs and twirls first ppun pan,,unto the said t self ¢its forever. a do the said pan y of the nandpan,for her ,� l;ft i her heir*, executors, and administrators do eS covenant,[rant,bargain a i the said parties of the second [ere to and with i ;s "part,their heirs and assigns,that at the time of the enae•ling and delivery of these ores• - t ef . cote well seised of the premises above conveyed in of good• sure, perfect, .Leolotr and indefeasible j estate of inheritance,in law,in fee simple, and ha Ve good right, full power and lawful authority to grant, bar- 4 Pin. sell and convey the maw it manner and form aforesaid.and that the same are free and clear fro and other grants, bargains, mall former } �4'I'Ti:' ' ales,liens,taxes asasament and encumbrances of whatever kind or nature waiver, 4 ' ( except any rights of way that may exist. ...i. . f and the above bar i+ 'e,e*' pined premises in the quiet and peaceable pnaiession of the said ',antes of the .mand pan, their y heir.and aaaigns,against all and every person or person&lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. 0 --' IN WITNESS WHEREOF the saidpartyf +'�„,. ,. of the first part M Ye hereunto set her hand a„d t r0 seal the day and year first above written. '':r+ i • 1r* I l Y Signed.Sealed and Delivered in the Presence of - l' J•' ANGEL�TNE DURNEI.L -- t -(SEAL) .. A. sal,,.,. ; _. .._.. (SEAL] iA II STATE OF COLORADO 1j ..(SEAL) S .'i I Comity of Weld Fa. ' • ! U7' fe oregyo�iun,g,�taatrunient was acknowledged before me thu 30th day of October, .�4r•` :. ,,@ ' LINE DURNELL ; 2 - MS ,p :'��oTaR :k°'1' October 11 .Ipgl .Witness My bend aged official seal i boo' ?�l t- '` - •. ,y CASE NU`.IBER --`a`5 PLANNING TECHNICIAN DUTIES Map Making Process 900 Assessor' s Office Treasurer ' s Office for Detailed Maps Stewart Title Clerk & Recorder ' s for Special Deeds and Plats Mailing List Occasional Typing Plot Plans Leroying Soil Research Map Drafting (location, property owners) Signs Final Inking on Mylars Filing Return Mail Other DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000 EXT.400 915 10th STREET y ' GREELEY,COLORADO 80631 O • COLORADO March 19, 1984 A.C. & Marcella Vallencia 23522 WCR 35 LaSalle, CO Re: Request for a Subdivision exemption on a parcel of land described as Pt. NE1, Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. & Mrs. Vallencia: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners on March 28, 1984 at 9:30 a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Board of County Commissioners members might have with respect to your application. The Department of Planning Services staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the Board of County Commissioners hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Rod Allison Current Planner II RA/ch cc: Mr. Carroll Miller P.O. Box 926 Greeley, CO 80632 LEGAL DESCRIPTION CASE NO. �E-co-1'a5 SE- as j 5E-a\a c• +,E 3 g{4 - SO y `Q �• `}`4't Lower 2 6 _• 50 PACIFIC ',MON 29 72 SOIL CLASSIFICATION SOIL NO. IRRIGATED NON-IRRIGATED PRIME 3 lThCw,t — '771'..4 `none Hello