HomeMy WebLinkAbout20002670.tiff RESOLUTION
RE: APPROVE RESCINDING RESOLUTION #940793, DATED AUGUST 24, 1994, FOR
VACATION OF AMENDED RECORDED EXEMPTION #1053 -WICKERSHAM
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, by Resolution #940793, dated August 24, 1994, the Board approved a
Vacation of Amended Recorded Exemption #1053 for William Wickersham, and
WHEREAS, the current property owner, Mark Young, c/o King Surveyors, 9299
Eastman Park Drive, Windsor, Colorado 80550, has requested said resolution be rescinded to
allow for further amendment of Recorded Exemption #1053, and
WHEREAS, after review, the Board deems it advisable to rescind Resolution #940793,
dated August 24, 1994, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Resolution #940793, dated August 24, 1994, for Vacation of
Amended Recorded Exemption #1053 be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLO DO
ATTEST: XIX 1I-- V
co Barbara J. K. meye , Chair
Weld County Clerk to the ?•ar .O v '7
BY: /1_ , • r�7
Deputy Clerk to the ecy �i���r�� i`
eorge E. Baxter
APPID A O ORM: �\
( Dale K. Hall
unty Attorney At.1
Glenn Vaad
1111111111111111111 IIIII 111111111111111 III IIIII IIII IIII
2806457 11/13/2000 04:20P JA Suki Tsukamoto 2000-2670
1 of 1 R 0.00 D 0.00 Weld County CO RE1053
MEMORANDUM
TO: Board of County Commissioners
COLORADO FROM: Julie A. Chester, Lead Planner
SUBJECT: Resolution to vacate AmRE-1053
The Department of Planning Services' has received a request from the current property owners of
the subject property to rescind the Resolution to vacate AmRE-1053 on August 24, 1994. There
has been a conflict with the actual property boundaries and to resolve the issue and second
amendment needs to be done.
Thank you for your consideration in this matter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
A- Ki County Planning Dep. 9299 Eastman Park On,e
King Surveyors, Inc� Windsor Coloraao805.O
(\AI 0(,125 2000 (970)686-5011 Fax ;970)686-58 1
' EIVE0
October 24, 2000
RE: Recorded Exemption No. 1053, 2603, and 2693
Section 12-T.5N.-R.65W.
Ms. Monica Daniels-Mika
C/O Weld County Planning Department
1555 N. 17th Avenue
Greeley, Colorado 80631
Dear Monica:
This letter is being provided at your request to outline our current situation and to summerize the
procedure by which we can complete the work that we are doing for Mr. Mark Young.
Recorded Exemption No. 2603 was approved by the planning department on November 17, 1999 to
create two parcels of land being approximately 8 acres and approximately 73 acres. This RE was
approved prior to any information relative to Amendment 24 was publicly known. This RE was set
aside after I determined that RE 1053 had previously created the intended smaller of the above two
parcels. RE 1053 was recorded December 18, 1987 in Book 1180 as Reception Number 02125414.
RE 2603 was set aside and replaced with RE 2693.
Lot B of RE 1053 was amended to adjust it's boundary with an adjoining property, which did not
affect the boundary between Lot A and Lot B of that RE. This was recorded May 2, 1991 in Book.
1297 as Reception Number 02248916. This amendment was completed in conjunction with a
Subdivision Exemption.
Recorded Exemption No. 2693 was approved by the planning department on April 6, 2000. This was
also prior to the knowledge of the general public regarding Amendment 24. The purpose of this RE
was to fix the boundary between the properties owned by Mr. Young and LJR Farms, which they had
acquired by meets and bounds descriptions, but without completing a RE.
In completing RE 2693 it became necessary for LJR Farms to sign the final mylars. If LJR Farms
were to sign the mylars for RE 2693 it would lock them into a ten year time period before any
additional RE's could be applied for on their property. Because of this they are reluctant to sign the
mylars.
In further review and research it was discovered that on August 24, 1994 Amended Lot B of RE
1053 was vacated by resolution of the County Commissioners. This document however was not
recorded and is not currently of public record.
Page 1 of 2
Based upon our conversation and my understanding of our discussing of October 23rd the following
is the procedure by which we can complete our work for Mr. Young.
#1: The planning department will contact the County Commissioners and request that the
resolution of August 24, 1994 which vacated Lot 'B' - 1st Amended Recorded Exemption
No. 1053 be rescinded and set aside. This will allow for a second amendment of Lot B of RE
1053.
#2: We will adjust our current drawing and title it"Lot 'B' - Second Amended Recorded
Exemption No.: 0961-12-4-RE 1053." This drawing will decrease the current size of
Amended Lot 'B' of RE 1053 from approximately 160 acres to 35.826 acres. The remaining
portion of this property will contain 125.882 acres and is currently owned by LJR Farms.
This parcel is larger than 80 acres and would therefore meet the current lot size requirements
of Weld County. It will therefore revert back to a meets and bounds description and will also
alleviate the necessity for LJR Farms to sign or be a part of the work that we are trying to
complete for Mr. Young.
Because I have completed a monumented survey of the property owned by LJR Farms I will
also file a Land Survey Plat for that property delineating this survey.
#3: Mr. and Mrs. Young will sign the new drawing of the second amended Lot B and submit this
mylar to your office for the appropriate signatures and recording. The Young's will Quit
Claim to themselves Lot A of Recorded Exemption No.: 0961-12-4-RE 1053 as recorded
December 18, 1987 in Book 1180 as Reception Number 02125414 and Lot B of the"Lot 'B',
Second Amended Recorded Exemption No.: 0961-12-4-RE 1053." This will be done after
the recordation of the above Lot B.
Mr. Young presented a check in the amount of$990 with the application for the original RE 2603.
This money was forwarded onto RE 2693 when that RE appeared to be necessary. A fee of$180 is
required for the Amended Recorded Exemption that will be completed. During our discussion
yesterday it was agreed that because of the different reviews that have been and will be completed in
finalizing this project that the county would charge Mr. Young a total fee of$540, being three times
the $180 fee for an amended recorded exemption. This will necessitate a refund of$450 to Mr.
Young upon the completion of this work.
I appreciate all of your help and work as well as that of Ms. Julie Chester, which was provided in
getting us to this point. This had been a very difficult project given the many facets that unfolded as
we progressed through this process.
I would be happy to answer any questions that you may have. I certainly look forward to completing
this project.
Respectfully submitted,
Charles B. Jones, PLS
cc Mr. Mark Young
Mr. Ted Carlson
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