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HomeMy WebLinkAbout800636.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 469 - MICHAEL AND CON- STANCE DOLLAGHAN 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 24th day of December, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the divi- sion into two parcels of land, as shown on the plat known as Recorded Exemption No. 469, being the property of Michael and Constance Dollaghan, described as part of the East Half of the Southeast Quarter of Section 22, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly dsecribed as follows : All that part of the East one-half of the Southeast one-quarter of Section 22, Town- ship 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, lying West of that right-of-way conveyed by deed to the Department of Highways, State of Colorado, recorded on May 15, 1958 in Book 1503 at Page 101 as Reception Number 1278343, and being more particularly described as follows : Commencing at the Southeast corner of said Section 22; thence along the South line of said Section 22 South 89°38 ' 21" West, 250. 00 feet to the West right-of-way line of Interstate 25 and the True Point of Beginning; thence continuing South 89°38' 21" West, 1081. 52 feet; thence North 00°02' 16" East, 2659. 88 feet; thence North 89°51 ' 34" East, 1079. 45 feet to a point on said West right-of-way line; thence along said West right-of-way line South 00°00 ' 24" East, 2655. 72 feet to the point of beginning, containing 65. 924 acres more or less. 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, and 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 800636 authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-1A(3) of the Weld County Subdivision 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 Michael and Constance Dollaghan be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1980. r) `^ ' , °t- BOARD OF COUNTY COMMISSIONERS ATTEST: (� . f '{fi''`g "tt 1 WELD COUNTY,' COLORADO Weld County and Recorder l�j// ty (Aye) and Clerk to the Board _ C. W. Kirby, /Chairman ��,, { �BY*() '7L"' L ([ & j (ABSENT) Deputy Count Clerk / 1 Leonard� L. Roe,/fPro�-Tem PP O D AS TO FORM: ,/ (Aye) ar Norman Carlson /� � /Off l/at, (Aye) aO �Tla? yB L nbar / ABSENT DATE SIGNED (Aye) June K. Steinmark 80O636 DATE PRESENTED: DECEMBER 29 , 1980 RECORDED EXEMPTION Nu 1313-22-4-RE469 CTR SEC Z2 -'"' f N89° 5 ' 34£ 22sos z,TZNc34 M — 82 O' t= —f_m= 16 _ c...-=___ 15 i 14 URCH - .....::=.117=17.:1=1:-.7.1="..n 77 .. 242.39 :It — _--- --..._ .. - - - -- -- - l _ r.- . : -- - -- - o7osw '` \21 LOCATION - — cv a 22 r 2 m - - - - - sfao�c\_= - - --- _.._ =. = _ 28 2T _ _26 No = VICINITY MAP "/IS _ \ • fl is it ..... 2� 2S0.0� 1081.52 SE c3R. S89°38'21"1AI SriC Rsew ITT 4001 RECORDED EXEMPTION NO.- 13/3-22-4-RE469 x,105 o LEGAL DESCRIPTION 710 t , l All. that part of the East one-half of the southeast one-quarter of Section 22, Trwr.hip 2 North, Range 68 West of the 6th Principal Meridian, Weld County, €c$a=sue 5?: lying y 1Jest of that. Y..:i:ght-af ray conveyed- b,/':deed to-::the Department-of ------" 3.5 �Tatt 0f COIO 'ai!«i attde,d nn iialr I5; 1958 Jn::Book.:1:503 at.Page ltii� -n-$:evert#3...:Nta6e�3t/83# and 5eing more.pz ticulacTy dacr.:cbed as fis3:}aws: — - ---- -Cmame7 "tiff arlie-"St ratfniarEie t3:tectrorr 2irif iinCe. atong a_ fgt.-Mir -t�f#pil.-=_ n^— -- Meet--to:tfilal Eajli _.WaY._.- ._ .Bile I4EI4i E tin =twat a - =r env ..coatijiiing -_- 5 38'-7.27. -i _-._.._ _tto 2 !?" Easy 63 $3 eeC, tlaetrt Nor3lt$Y` 3. .'x has' : ff{.. _fit_-ioa-�xnt-aa_g_...._�+l _. r�W i ? E=t�3fe. == _....- - ._. . . t [tce ..____g a?d_Hes r ght_-n-f a;ci� ___. ____�Jr 2b a3 2F>g5.-7 fee ttk=- =- the _trrt of_begia =com "ing _ _ . -� --- ,9T acre __mor uc_Iess _ ----=-= ."..- _:_=:.:. :Y:l AR's=GEB3 IFiSf t be re_t c _till? that Ethist tat was= ----arr3 _---- ----- = under s�nervi s ron ar:d ; me a5 cor x2C[ 3t Clre encno-?n �ye_f----- - ---- r • . _ - .--. -- -------- 134 4 . • a.�['i.�� - s;fw,�- L here sv r�t�=. .. _ te �fi rfie - __ _ -_---- --- -- — = tea - - - ---_ .. -- c — -� -- �"-- - --- S _ - ac rticha$t U Do}} ghan Ctns€ance.Tlo?:Ia. an:-=._ —. The foAegoing certification was acknowledged before me this _ day o' ----fi .t'P .r _ _..A-B-- — _. t#Y -Gomntssr& _ - t r f q }� J Notary_Fublic U �JJ � _ _:. WI tnass mY €land.nd-:Seai — The acv - . --__ - - nY-i+i f≥#aE-�� ace tad_-arnt� eyed. for :fa ling ._ - __ . ... __ Ci1AIRMAM..DF THE S0ARD A COwNTYcOMM SSI-ONE RS _._. _ _ ATTEST�E.—£aunty-Cleae _ ---:-------1:------ -- — __ y _. Ilafa • • il SHEET 2 OF 2 DEPARTMENT OF PLANNING SERVICES PHONE (3031 356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 111111k December 19, 1980 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #469 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Michael and Constance Dollaghan for a recorded exemption. The parcel of land on which this request has been made is described as part of the El SE*, Section 22, T2N, R68W of the 6th P.M. , Weld County, Colorado. This property is located 2i miles south of Del Camino adjacent to the west side of 1-25. The property contains approximately 65.92 acres of Class 11 , 111 and 1V irrigated soils. The request is to split the property into parcels of 4.74 acres and 65.92 acres. On October 15, 1980 the Board of County Commissioners approved a request by the Dollaghan's for a lot size variance so that they could make ap- plication for this recorded exemption. At the time they 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 and recom- mendation is included in the attached packet. Nothing has been received by our office that would change our recommendation of approval for this request as outlined in the letter to the Board of County Commissioners dated October 15, 1980. This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Respectfully, kiCKL9.• e cakkfir Vickie Traxler Assistant Zoning Administrator VT:rg 800636 } .i R I Y b A�l XX� -i f A R 1.2.44 Rihn r ' L �,( ...^^^tt{ i 44,4 fi, 7 1..4 . _ . . : t _ - A 82 ' '� a 8xi . --* . '"icle ,i '1r c ,fi ., ti?f, ar , t -. i ty...0,04,, , .,. ,../ i, „ i :74 4 , . _ t, / .---tee &l ,i,4, , to `1 ry zw , I f I." t t I 4 ,. _ ,i pnc, �3 ' y.z. / ; O tt . i . k M 4 r �q` , \ `' te +.� -44 , ki ,y � { I ' .. .... .,4400!... ,,,,,es _ _. . ..,,, ift „, t ,E.._ • , , ,Arr, „, ,, 4 ,, , ta . $ •)„, , ) A .,/,"�L' 14,' } x '40 * � r ,ham a v k. p } - - --,} F SC 0636 c 7 f 3 ,, September 10, 1980 Department of Planning Services 915 10th St. Greeley, Colorado 80631 Dear Sirs, This is a letter of explanation detailing the reasons why we are requesting a Lot Size Variance on the E. 1/2 of the S. E. 1/4 of Section 22, T. 2 No. , R. 68 W. , of unincorporated Weld County. The property is rectangular in shape and sits adjacent to the west side of the Valley Highway. Approximently 90% of the land is used for farming, and the improvements sit on the balance of the land at the north end. There are two single-family homes and several out-buildings. One of the homes is in good shape and is occupied. The other home is presently uninhabitable. There is already a natural physical seperation between the farm land and the improvements. This seperation is defined by existing fences, trees, and buildings. The reason for this Variance is to create two parcels. The first parcel would contain approximently 7 acres and would include the occupied home and the out-buildings. The second parcel would include the farm land and the uninhabitable home. Approval of this Variance will enable us to put the run-down home back into use thru renovation. This will in no way change the use of the property. The farming of the land and the use of the improvements on the 7 acres will remain the same. Thii u, Mike Do aghan 800636 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . at 46ek APPL . FEE 462 O • CO ZONING DISTRICT A RECORDING FEES51,on , a71 DATE / 2- c?- a0 RECEIPT NO . /153(/ APPL . CHECKED BY VT 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 : cc (/ SEc /' cnd zzIZA/ 8 Co 'N/ far Far // "e jQ7iw'in )/mil,fe see extitbet ACREAGE : Lot "A" 7 / 7VVV ; Lot " B" /, /8o ; Total 4 .C•92 � Has this property been divided from or had divided fr m it any other property since August 30, 1972? Yes No ?— Are there any existing improvements on Lot A? es ;Ye J No Lot B? Ce y9- No FEE OWNERS OF PROPERTY : ]`� Name : A6/fie� 0, 4NO Address ,a66s 6o. li✓ `�`' -Phone Sod- 986-5-t63 Name : C'oNc/A4"ce &, Clo//sird4y Address elvt- G9&ewool Phone Name: /Ad1dress u,,lo e-c1-60 Soz2? Phone FFfADval IA/R'7<P'✓� u u �?C(S CN ^+C L L WATER SOURCE FOR: Lot "A" C6-ere, � ✓1,,,/; Lot B t ,/ TYPE OF SEWER FOR: Lot "A" Se7fi ; Lot "B" S77f7` PROPOSED USE FOR: Lot "A" 615`".'e `»r9 ,ede")r Lot "B" Crnme I hereby depose and state under the penalties of perjury t � • —all statements , proposals , and/or plans submitted j- or ained within this application are true and co ec o he st y knowledge . COUNTY OF WELD ) ( STATE OF COLORADO ) //L�/ ignature : Owner or Authoripp e. Agent Subscribed and sworn to before me this Imo`' day of &re/ tltv,A 19ic . SEAL Notary Pub is /6, /94.3 My Commission expires : 800636 LEGAL DESCRIF -ION ratsE4 22- 2-4t CASE NO. RE 41/9 e •4: • 8 38 r .y^ `40 d _co 22 58 65 �' I ..� x ..37 a7 58 4r 38 ; 66 ` . . 6I � 76 * " 472 40 T�dJ ..J 51 r4 J, 1R r 76 25 • P . .H. 11 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 40 Sas 4� _re. 51 (04 .I�s 1222. titan:36 ➢C RESOLUTION RE: APPROVAL OF LOT SIZE VARIANCE NO. 117 - MR. AND MRS. MICHAEL DOLLAGHAN. 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 determined at a public meeting held on the 15th day of October, 1980 in the Chambers of the Board of County Couauissioners of Weld County, Colorado that a certain tract of land is owned by Mr . and Mrs. Michael Dollaghan, which land is more particularly described as follows : Part of the East Half of the South- east Quarter of Section 22 , Township 2 North, Range 68 West of the 6th P .M. , Weld County, Colorado WHEREAS, the owners of said tract of land desire to obtain a variance from the minimum lot size requirement so that they may make application to the Board of County Commissioners for a recorded exemption, as set forth in Section 9-4 .A. (6) of the Subdivision Regulations , and WHEREAS, the Board of County Commissioners of Weld County, Colorado feels that the applicants have shown good cause for granting a lot size variance under Section 9-4 .A. (6) of the Weld County Subdivision Regulations . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that a variance from lot size recuirements be, and hereby is , granted to Mr. and 2,4A-42-5-.., Michael Dollaghan for the above described parcel of c., OCT 1980 at RECEIVED 28 Weld Coal _ Mandn; Ccmmisga oa'C95VCL�� 8t.0636 r The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D. , 1980. nn BOARD OF COUNTY COMMISSIONERS ATTEST: rill ATTEST: ' f- WELD COUNTY, COLORADO i /l Weld County Clerk and Recorder ( /tit � (.;/ (Aye) and erk to the Board C. W. Kir Ch irman By: 1 ;, l G r' h � Ks X. at. (Aye) Deputy County lerk eonard L. Roe, Pro-Tem AP (PRO D AS TO FORM: z,y,,,,_ (Aye) Norman Carlson County Attorney /1'fw1%J (Aye) Lydraa unbar_ I :may/ i /I %Y : l;'r., (Aye) June K. Steinmark / 8G0636 DATE PRESENTED: OCTOBER 20 , 1980 X . r TT --: 1 4) 1 ..i J © COLORADO Cc_tober 15, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #117 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance fran Mr. and Mrs. Michael Dollaghan. The property on which this request has been made is described as Pt. Eh SE' Section 2, T≥, R6s 8Wuof the of Del 6th p.m. , Weld County, Colorado. This property islocated Camino adjacent to the west side of I-25. The property under consideration contains approximately 65 acres of class II, III and IV irrigated soils. The request is to obtain a variance fran 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. If this lot size variance is approved, the Dollaghans will pproceeeds ith tn eir application for a recorded exemption. The following om the letter dated September 10, 1980 suhaitted with the application by the Dollaghans: "Approximately 90% of the land is used for farming, and the improvements sit on the balance of the land at the north end. There are two single-family homes and several out-buildings. One of the homes is in good shape and is occupied. The other home is presently uninhabitable. There is already a natural physical seperation between the farm land and the improvements. This seperation is defined by existing trees, and buildings. The first parcel would contain approximay 7 acres and woulhd include the occupied hone and the out-builds ofTheise econd parcel r l would l enablein lusu to e farm land and the uninhabitable ]uue. Approval enovation. This _ e the use of run-downe home baek into use of the land and the use oflll in no the improvements y on the use of the property. The farming 7 acres will remain the same." Based upon the information sulmitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons: 860636 b BI,Lrf - :ITT-LEE' 7 1. The request co fonrs with Section 9-2 of the Weld County Sthr'ivision eaulations (intent clause of the recorded exe.ution procedure) , Section 3-3A. of the Field County Zrcin: '.._solution (int.ent clans of the Agricultural Zoned District) and the y veld Co ::ty Cu. .i eh= live Plan in that each parcel does have an ex_stinc set of _.. e"-r ts. The use will he con-tatible with surro.:nd_n, agricultural uses. The reajest will allow agricultural and related uses to be e pre o ina_nt land use. There x.'1!1 be no reduction in the amount of land currently being used for acricult'.iral production. Furthermore, this action will not cause increased impacts fraT1 residential develcjrant on the parcel in question or the surrounding area as residential irerc�•c:.tints exist on both proposed lots. 2. The Tri—Area Planning Commission has reviewed the request and has set forth no objections to it. 3. The request curplies with the provisions of Section 9-4 A. of the `geld County Subdivision Regulations. Respectfully, Chuck Cunliffe `rM Assistant Zoning Administrator CAC/dr St 0636 sF RECORDING DATA - MAPS & PLAT` Recorded Exemption #1313-22-4-RE469 NAME OF SUBDIVISION --- NAME OF SUBDIVIDER Michael D Dollaghan - Constance Dollaghan Part of the East 1/2of the SE1 of Sec 22, T 2 N, R 68 W. , of the LOCATION OF SUBDIVISION 6th P.M. Weld County, Colorado _.. 184540'7 nnTF OF RECORDINGRECORDINGilEC 3 0 1980BOOK 923 RECEPTION M MARY ANN FEUERSTEIN WELD COON Y CLERK AND RECORDER BY. 1Z DEPUTY COUNTY CLERK & RECORDER 8000636 Hello