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Home My WebLink About20001981.tiff 4/14/( RESOLUTION RE: APPROVE RATIFICATION OF COVENANTS - GABINO LARA, JOHN UNDERHILL, LAURA UNDERHILL, DESRI STOLZ, AND MICHAEL MURRAY 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 of Weld County, Colorado, has been presented with Covenants for Lot B of Recorded Exemption #1899, on behalf of Gabino Lara, John Underhill, Laura Underhill, Desri Stolz, and Michael Murray, with further terms and conditions being as stated in said Covenants, and WHEREAS, the property is in violation of the Weld County Subdivision Ordinance as a result of illegal subdivision of land, and WHEREAS, after review, the Board deems it advisable to ratify said Covenants, a copy of which is attached hereto and incorporated herein by reference. WHEREAS, the effect of said ratification is to forego enforcement of the Weld County Ordinances with respect to the existing illegal subdivision of Lot B of Recorded Exemption #1469-11-RE-1899 into three approximately ten-acre parcels of land so long as the Covenant is complied with by the Parties and those in privity to them, and WHEREAS, said ratification shall not preclude enforcement of the Weld County Subdivision Ordinance, Zoning Ordinance or any other Weld County Ordinance for violations not specifically contemplated by this Resolution or the Covenants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Covenants for Lot B of Recorded Exemption #1899, as presented to the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Gabino Lara, John Underhill, Laura Underhill, Desri Stolz, and Michael Murray be, and hereby are, ratified. 1111111111111111111111111111111111111111111111111111 2792660 09/08/2000 03:24P JA Suki Tsukamoto 1 of 6 R 0.00 D 0.00 Weld County CO 2000-1981 ! 'C . / / AAA cic� a -tc PL0824 RATIFICATION OF COVENANTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LEI COUNTY, COLORADO ATTEST:Lai' 1 LoA = C� arbara J.��rkmeyer, Chair Weld County Clerk to the •ar� �" 1861 I O J t� i� i 41 �� gin. . Geile, o-Tem BY: ! 4 n Deputy Clerk to the Bo le s tii'`l; \ -' EXCUSED DATE OF SIGNING l� i C > Geerge E. Baxter APPROVED AS T RM: >id q4 Dale K. Hall CountyAttorne,ci Llu.( e4-ei Glenn Vaad 1111111111111111111 III 111111111111 VIII III VIII 1111 IIII 2792660 09/08/2000 03:24P JA Suki Tsukamoto 2 of 6 R 0.00 D 0.00 Weld County CO 2000-1981 PL0824 COVENANT Gabino Y. Lara, John E. Underhill and Laura L. Underhill and Desri A. Stolz and. Michael G. Murray, ("Declarants") are the owners of separate portions of the real property situated in the County of Weld, State of Colorado, described as: Lot B of RE #1469-11-RE-1899 recorded at Book 1562 Reception# 2507379 in the records of Weld County Clerk and Recorder on August 21, 1996. Declarants do publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land described in this agreement, shall be a burden and a benefit to Declarants, their personal representatives. heirs. successors and assigns and any person acquiring or owning an interest in the described real property and improvements built thereon, their grantees, personal representatives, heirs, successors and assigns. The parties covenant and agree that Lot B of RE #1469-11-RE-1899 has been separated into three approximately ten acre portions without County approval and that the entirety of Lot B is only eligible for one residence in the Agricultural Zone District, as set forth in the Weld County Zoning Ordinance. Said residence already exists on that portion of Lot B conveyed to Desri A. Stolz and Michael G. Murray as parcel 1 by Warranty Deed recorded at Book 156'). Reception#2513522 in the records of the Weld County Clerk and Recorder (hereinafter referred to as "Parcel #1"). The parties agree that any authority to construct or erect structures on Lot B shall be limited to the area known as Parcel #1 and that the remaining twenty acres of Lot f: (hereinafter"the Ineligible Portion") is not currently eligible for a residence and that no structures, as defined in the Weld County Building Code Ordinance (with the exception of a horse shed/shelter) may be constructed or erected on the Ineligible Portion. Notwithstanding the foregoing, the parties will be released from this covenant if Weld County or a municipality with jurisdiction accepts and finally approves an application for Recorded Exemption, ("RE") minor subdivision or Planned Unit Development which designates the Ineligible Portion as separate legal lots apart from Parcel #1. Parties further understand that with respect to Weld County, an RE application may not be made prior to August 2 t, 2ociio and the approval of any RE, subdivision or Planned Unit Development is subject to the discretion of the Board of County Commissioners or the municipality with jurisdiction. It is the intent of the parties that this Covenant be submitted to the County Attorneys Office for the County Attorney to submit to the Weld County Board of Commissioners. The County Attorney would at that time request a resolution or board action declaring that the subject property is no longer in violation of Weld County zoning laws. If such resolution or board action is not done or taken by the Weld County Board of Commissioners, this Covenant shall become null and void. 11111111111111111III11111111111111111III11111IM1111 // 2792660 019/08/2000 03:24P JA Suki Tsukamoto 3 of 6 R 0.00 D 0.00 Weld County CO 2000-1981 NOTICE Each owner shall register its mailing address with the others and all notices or demand, intended to be served upon owners shall be sent by certified mail, postage prepaid. addressed in the name of the owner at such registered mailing address. In the alternative, notice may be delivered, if in writing, personally to owners. SUCCESSORS AND ASSIGNS Except as otherwise provided in this agreement, this Declaration shall be binding upon and shall inure to the benefit of Declarant and each owner and the heirs, personal represent atip e;, successors and assigns of each. SEVERABILITY Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not affect the validity or enforceable part of any provision. IN WITNESS WHEREOF, the Declarants have executed this Declaration on — 1/`77O6 • 7 1 State of Colorado ) ) ss. County of 4(,(:,;a) The foregoing document was acknowledged by4e1 E.'klndFxYlifl apdkaUrak. Undoll Witness my hand and official seal. My commission expires: 1,//), ; / / -, (22-lc-'O,,,, . / 1 ) A.! 1,1LJc:cl <- X (t,' ��pra phd Notary Public gii %;---.. "(.e/C Address -2- DDNNA , 1111111111111111111111111111111111111111111111111111111dress u': RAY 9� ._ QOM 2792660 09/08/2000 03:24: JA Suki Tsukamoto lh �`9F ' 4 of 6 Ft 0.00 D 0.00 Weld County CO 1�.. C0� NOTICE Each owner shall register its mailing address with the others and all notices or demands intended to be served upon owners shall be sent by certified mail, postage prepaid, addressed in the name of the owner at such registered mailing address. In the alternative, notice may be delivered, if in writing, personally to owners. SUCCESSORS AND ASSIGNS Except as otherwise provided in this agreement, this Declaration shall be binding upon and shall inure to the benefit of Declarant and each owner and the heirs, personal representati'v es, successors and assigns of each. SEVERABILITY Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not affect the validity or enforceable part of any provision. IN WITNESS WHEREOF, the Declarants have executed this Declaration on G7 /9/06 / • State of Colorado ) ) ss. County ofd /71 The foregoing document was acknowledged by John E. Underhill and Laura L. Underhill on / ; 4_,ir/ , /C``'- • Witness my hand and official seal. i My commission expires: t( •?, .. -�C ..P.48%. �,y --SOY f i:•'' s otary Public 5 DONNA J. : Address I 1 RAY I ? -2- c/D% • Oaf ' I IIIIII111111111111III11111111111111111III111111111IIII 't�..o; coy°— 2792660 09/08/2000 03:24P JA Suki Tsukamoto 5 of 6 R (1.00 D 0.00 Weld County CO Lric if/ 59) Desri A. Stolz }' Michael G. Murray State of Colorado ) //- ) ss. County of WELD ) The fore: oina document was acknowledged by Desri A. Stolz and Michael G. Murray July 16, 2000 Witness my hand and official seal. • ��•` My corntrgssion expires: December 19, 2000 4 j cs\•,, , ILL�ii(.FS.L-L� IC,e--L. Notary Public Address: 3100 WCR 17 Brighton, CO 30601 Gahino Y. Lara State of Colorado ) ) ss. County of ) The foregoing document was ,.cknowledgcd by Gabino Y. LWra :ten Witness my hand and official seal My commission expires: Notary Public Address: -3- 11111111111111111111111111 11111111111II11111111111111 2792660 09/08/2000 03:24P JA Suki Tsukamoto 6 of 6 R 0.00 D 0.00 Weld County CO The Law Office of WILEY C. PRICE 7730 E. Belleview Ave., #102 Office (:.031 290-6`20 Englewood, Colorado 80111 Fax (303) 290-6530 July 18. 2000 Weld County t JJUL242C! 7 Lee D. Morrison Assistant County Attorney WELD COUNTY 915 10`h Street RITORNEY'S OFFICE P.O. Box 1948 Greeley, CO 80632 Re: Stolz/Murray and Underhill Dear Lee, Enclosed you will find the agreement we discussed and that is executed by all parties. Would you.present to the County Commissioner and inform me as soon as possible if this meets with their approval. Yoi Wiley . Price enclosures as stated FRED TT W. STEELE ATTORNEY AT LAW � 3 NORTH MAIN STREET :hrtiti,11:11211 !1:27CON04:57(9 BRIGHTON, COLORADO 80601303-659-5600 ] ers c r tc June 20, 2000 Wiley C. Price Attorney at Law 7730 E. Belleview Ave., #102 Englewood, Colorado 80111 Re: Stolz, et al vs. Underhills, et al Dear Mr. Price: Enclosed is the revised Covenant signed by the Underhills and Mr. Lara. If your clients will also execute it, we can then forward it to Weld County. Please call me if you have any questions or concerns. Sincerely, -r„vebu0 Fred W. Steele FWS/cs Enclosure cc: Lee D. Morrison Hello