HomeMy WebLinkAbout830849.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 585 - JOSEPH AND ELLEN
OBERLE
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. 585 , being the property of Joseph
and Ellen Oberle, described as part of the SEa SWa, Section 11 ,
T6N, R65W of the 6th P.M. , Weld County, Colorado, being more par-
ticularly described in the plat which shall be provided by the
applicant and known as Exhibit "A" , said plat to be recorded, does
not come within the purview of the definition of the terms, "sub-
division" and "subdivided 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 of Weld County, Colorado that the hereinabove described
parcel of land owned by Joseph and Ellen Oberle 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 following: 1) the recorded plat shall state
that; "the proposed lot "B" is to be used for agricultural pur-
poses only, and that all owners thereof shall not have any right
to obtain any residential building permits" ; 2) the limitation
placed upon the proposed Lot "B" is a private limitation in the
form of a covenant. The general warranty deed shall include the
limitations as set forth in the December 28 , 1982 , purchase agree-
ment submitted as part of the application materials; 3) the mylar
plat shall be submitted to the Department of Planning Services
3 30 84 9
Page 2 ;X�
RE: RECORDED EXEMPTION NO. 050 - OBERLE
and recorded in the Office of the Clerk and Recorder within niney
(90) days from the date of approval by the Board of County Com-
missioners; and 4) the recorded plat shall meet the requirements
of Section 9-2 C. (4) of the Weld County Subdivision Regulations.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
January, A.D. , 1983 .
4- BOARD OF COUNTY COMMISSIONERS
ATTEST: �� i 's . .`i 'w - w WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board C uck Carls ri, Chairman
7
BY y IL C� SLY �lti� lz l i. , ,124,,z7.>;„Deputy C n Clerk Jean T. Martin, Pro-Tem
APPROVED AS TO FORM: .2 ICS -
NettAt-
Gene R. Bran�ner
77744.4.1444-‘-
County Attorney Norman Carlson
acqu ine o nson
DATE PRESENTED: January 31 , 1983
830849
- r
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
Illik January 26, 1983
COLORADO
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #585
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Joseph and Ellen Oberle for a recorded exemption. The parcel
of land on which this request is being made is described as part of the
SE4 SW', Section 11, T6N, R65W of the 6th P.M. , Weld County, Colorado.
The property is located approximately three and one-half (3') miles south-
east of Eaton on Weld County Road 47. The property contains approximately
36 acres of Class III and IV irriaged soils and Class IV and VI nonirrigated
soils.
The request is to divide the property into parcels of 29.5 acres and 6.4
acres, more or less. The applicant would like to sell the 29.5 acres, more
or less, and retain the 6.4 acres, more or less for their family residence.
Mr. and Mrs. Oberle have indicated in their application materials that they
do not wish for the proposed 29.5 acres, more or less, parcel to become a
residential building site. This issue is addressed the the staff Develop-
ment Standards.
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 Subdivision
Regulations as follows:
The 36 acres, more or less, under consideration will allow
agricultural and related uses to be the predominant uses.
The proposal does not create an additional parcel eligible
for residential building permits. The uses will be compat-
ible with existing surrounding agricultural uses. These
facts support the proposal as being consistent with the
intent clause of the Agricultural Zone District.
830849
Board of County Commissioners
January 26, 1983
Page 2
The Department of Planning Services staff recommendation for approval is
conditional and based upon the following:
1. The recorded plat shall state that; "the proposed lot "B" is
to be used for agricultural purposes only, and that all owners
thereof shall not have any right to obtain any residential
building permits."
2. The mylar plat shall be submitted to the Department of Planning
Services and recorded in the office of the Clerk and Recorder
within ninety (90) days from the date of approval by the Board
of County Commissioners.
3. The recorded plat shall meet the requirements of Section
9-2 C.(4) of the Weld County Subdivision Regulations.
Respectfully submitted,
Ataaairjr‘-
Rod Allison
Current Planner II
RA:rg
ADDITIONAL COMMENTS:
The limitation placed upon the proposed Lot "B" is a private limitation
in the form of a covenant. The general warranty deed shall include the
limitations as set forth in the December 28, 1982, purchase agreement
submitted as part of the application materials.
830849
FIELD CHECK
FILING NUMBER: RE 585 DATE OF INSPECTION: 1-20-83
NAME: Joseph and Ellen Oberle
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Pt. SE-1/4 & SW-1/4, Section 11, T6N, R65W, 6th P.M. , Weld County, CO
LAND USE: N Pasture/Cattle
E WCR 47 and corn crops
S Agricultural Products
W Agricultural Products
ZONING: N Agriculture
LOCATION: Approximately 3.5 miles southeast E Agriculture
of Eaton on Weld County Road 47 S Agriculture
W Agriculture
COMMENTS:
Access to Lot A and Lot B is from Weld County Road 47, a gravel road.
Lot B is pasture and corn crops. Lot A contains a house, several
outbuildings and corrals. The land slopes to the east.
6 2d
BY: / .//
Rod Allison
830849
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext. 400
Department of Planning Services , 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY :
APPL . FEE -i5J.00 i 4V>
CASE NO. RL ---. 5e,
`j RECORDING FEE [o 'e- 113 b3
ZONING DISTRICT NICUALIJOA RECEIPT NO. 12.1AI, araSb2.ODATE iel U,Qvy l \qv, APPL . CHECKED BY 0,4C,
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 :
�� . crl'y SW%y e F
TOTAL ACREAGE : 3g, U/l
Has this property been divided from or had divided from it any
other property since August 30, 1972? Yes No x
FEE OWNERS OF PROPERTY :
Name :JP, e-P y 91- ESA/ M. Oh.e/�r &'-
//�
Address : 1SW/ kVc4 Z 2 q %/j Cere, Phone :,12re—‘67Q
Name :
Address : Phone :
Name :
Address : Phone :
WATER SOURCE : Larger Parcel hh04 €- Smaller Parcel (q/Z//
TYPE OF SEWER : Larger Parcel mine Smaller Parcel cep-/:c.
PROPOSED USE : Larger Parcel -se..i4+14/a/ Smaller Parcel Noine-
ACREAGE : Larger Parcel IQA.5S 7 Smaller Parcel 3f
e
EXISTING DWELLINGS : (Yes or No) 110 (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 application are true and correct to the best of my
knowledge.
COUNTY OF WELD ) /j/j� Cr Le)'4 `a
STATE OF COLORADO ) ��
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this e-L'It day of po
19 'b3 . Qv:,
(SEAL )
Notary Public M
M Coy-„-,,esi:: exp.es Feb. 13, 19$!
My Commission expires : JAI 31983
830849
Weld Co. Planning Commission
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I,O--ntmPr AND TFAla OF MOSAIC -- _ SIMI Ogtsm O,Sy. W)teess
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• RECEIPT AND TERMS OF PURCHASE
Decefibar_23a _ _ 02
fecuvw or Philander..__Hartwell._Vennox,.._of. Route 12 Box 141BL Eaton, CO 80615
Purc taserle. the sum w .$1(11".1.0.0 . .. In the lam w .check
_. ....._.._. ___.....—.__�._.____ as*unmet money and as part ,
regimen an the Purchase price of the following described real *stale situate in _.. Weld_.—....._........____.........._ County, Colorado, to-wit:
that certain 29.587 acres as described on rider hereto attached and by
reference thereto hereby made a.-.part hereof a_ together with 1 share of Owl- ,
_,;ee•t_ yml.y & IFrigation Co. and-.1 share_ of Lorimer & Weld Irrigation Co. ; *
t-Qgethe....witft.a. ._610. feet of _8-inch.gated.__irri_gation pipe as_.now thereon• ( see
wish all improvements thereon, also all fixtures or a permanent nature in their present condition. ordinary wear WeePted,,--._ -- --r
The earnest money deposit herein made shall be held by _.Sell _.--___—
to be delivered as Provided herein,
me told Purdtaee price so $ 21.,.000...00 . payable as hollows:
$.1-Q-Q.•-09••--- -- - - - - --.... Mrmnabove reoelpled 1a, ®d balance of $20_000.00 payable
on delivery of deed as hereinafter; _subaect to purchaser obtaining suitable
financing from-purchaser' s mother, and there is further the condition and
m
covenant that the...title requirement
. to this tract will be subject to the requirnt
that -
_ _3s�id tract will be._. k_ept-_only__for_agricultural rhos and that_ all_
ownerS.—thereof hs"L.1_...nQt hayg ..rots _right to—obtain any,residential permits
from County of Weld, _as_a covenant running with said title.
( • excepting all og&mrights owned by the PAeFF. ; subject: off,:dl2 acres
in now county road along the east _.line of said tract,_ ant easements or
rights of way of record or as now existing on said tract 1 ' wide farm,
d _ _
lane ye�dasat_ p&pweesrt road yo�nsai south side of said tract only for re'�dent3al
THE TolOWWG WND IONSIARE TO A p!.r id- it tea _...... .....___. ._.__..........._.—.—__._......__......._...._____—._—..._-.-__.
111 Seller is to tarnish OWSNXccxx*cxkoo)skeodol itle insurance S�mmltmen
NmwrR at r s S expense showing a good
merchantable tiW In the seller. Such title insurance to be In an amount equal to purchase prfw and b be paid tar by the seller. L any
detect m tide appears, the seller shall haveCOMM reasonable time to ca same. II tide can eel he so corrected, above payment shall b . .
returned to purchaser, and this contract shall be void.
IT) Conveyance to be made by general warranty deed prepared by_purcfhaser' s Attorney
19) General base and Northern Colorado Water Conservancy District assessments for IS 83(based on amount of the previous year's lame) -
if assessment and levy for current year is not available, rents, water rents, Insuranc, premlaes. and mlenn@ on encumbrances, Y any,
shall W appanbned Iodate_of del.ivery of deed
•
IV Possession shall be given upon .payment....pf...p.ric..e_as._..b.er.e,i1.1_..p->iQvided ...._._..._.
. _ __...d..t__h shall
• jed to seining rental and lease agreements, 11 any. in the event possession is not delivered on sold date, tied sellers .ball be subject
to eviction, and shall pay purchaser tent In the amount a .._.....,Qo.... _._._.... for each day after said date,at the option a the purchaser.
IN closing shall be on of berate 60 days from the dote of thk,� ag,ryee,sgnt at me wUce of purchaser' s Attorney
.and—upop_.sel.ler_obtaining Weld count- itIMMitl%ion..-approval at sellers' expense.
au time la of the enence hereof, and iI any payment or other condition hereof is nut made or penamter by either the seller or the purchaser
as herein provided, then this .ornturi shall to void and at nu elm.I and both pones hereto shall be released Irmo all obligations here
under, at the option of the parry who is not in default. In the event of such a default by the purchaser. and the seller elects to neat the
connect as void, then all payments made by the purchaser shall be retained by the seller as liquidated damages. in the event the non
relnulting party hereto elects to heat this contract as being in lull torte and eflen, then nothing herein shall be construed to prevent its
specific pennants.
(7) Upon approval hereof by the seller. which shall be mode nut later than _ 5... days from and oiler the oboes dote, a valid
and binding contract between the seller and the purchaser shall then nisi, and shall mire to the tenth of and be binding upon the
heirs, knot WTI eeonbtivse, suttwesuts mud usstgrt. of seller and purchaser, but purchaser may not assign such contract without prior
written approval of seller. Upon failure of seller to approve the above oiler the earnest money receipted lot shall be returned immediately
to the purchaser.
OM Throughout this Instrument reference to the singular is Intended to include the plural when there is more than cne seller and/or purchaser.
'9) The purchaser agrees to accept the above described property subject to reservations, eseeHnue and all conditions contained in the
United States Patent, protective covenants, easements, rights of way, reservations and reelriction@ of record, II any, provided such do
net render the Olio unmarketable
10. This transaction is being made directly by the parties hereto one with •
the other and without any right of --any--•real•-estate-.Beaker-ka..be. pa —_ .
any commission.
APPAOYAL sys�puicauB_gaOON TERMS AFORESAID
I hereby ogre. to purchase the above property in a and b pay a .price of l S.21.,.0.00.0 on the above tor ins provided
.'1k'^... ..
in title Is merchanable, or can be made such within a reasonable ten � (^
Philander Hartwell Vannoy • 0
__....._._...._..-----....__......._...._...---------------__..._...... Purchaser
ACCEPTANCE Of SELLER . •
I (pee) hereby occea lie inane of pwchase met out above ._..----.--.--._..._._._ ,
•
•
1 • __...r i tit a
• ..__ - ---- ---r------....._• .
end es hereby acknowledge tbai the same le e 1
binding contract: MINEtitYFYnlflatirakkatetal C NowetewomoneiraDane 12...-_3_o.3_- ,
l i e n ris5be rrl e— 830849
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RECI RDED EXEMI- rimy
NO.
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