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Home My WebLink About820631.tiff RESOLUTION RE : APPROVAL OF RECORDED EXEMPTION NO. 550 - PERFIDO AND ROSE YBARRA 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 Department of Planning Services staff received a request from Perfido and Rose Ybarra for a recorded exemption, and WHEREAS, after review, the Department of Planning Services staff recommended denial on said request, 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. 550 , being the property of Perfido and Rose Ybarra, described as part of the SW4, Section 18 , T6N, R64W of the 6th P.M. , Weld County, Colorado, being more particu- larly described in the plat which shall be provided by the appli- cant and known as Exhibit "A" , 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, said plat to be recorded. 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 Perfido and Rose Ybarra be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . 820631 Page 2 RE: YBARRA The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of June, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO John T. Martin, Chairman CAZ chuck Carlson, Pro-Tem Norman Carlson // . W. Kirby CuATTEST: e K. Steinmark Weld County Clerk and Recorder and Clerk to the Board 9 Deputy County Clerk APPROVED AS TO FORM: County Attorney DATE PRESENTED: June 7 , 1982 o?"'A631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 May 21, 1982 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #550 Dear Commissioners: The attached application and related items are in reference to a request by Perfido and Rose Ybarra for a recorded exemption. The parcel of land is described as part of the SW1 , Section 18, T6N, R64W of the 6th P.M. , Weld County, Colorado. This property is located four (4Y miles north- east of Greeley on Weld County Road 49. ^ 1'. The request is to split an 11.4 acre, more or less, parcel into two smaller parcels of 6.1 acres and 5.3 acres. The parcel of ground was originally determined to be a legal lot because it was separated from the larger parcel of ground to the east by a railroad right-of-way. The building permit that this parcel was eligible for was used to establish a residence. This residence exists on the proposed "Lot A". Based upon the information submitted and the adopted policies in the County, the Department of Planning Services staff recommends the request be denied for the following reasons: 1. This request is not in compliance with the intent clause of the recorded exemption procedure. Section 9-2 E. of the Subdivision Regulations states that the Board of County Commissioners shall approve the request for the recorded exemption unless it finds that the applicant has not met one or more of the standards of said Section 9. - This proposal is not consistent with the intent of the agricultural zone district in which the use is located. - The uses which would be permitted will not be compatible with the existing surrounding land uses which are argi- cultural in nature. 89.0631 Board of County Commissioners May 26, 1982 Page 2 - The uses which would be permitted will not be compatible with the future development of the surrounding area as permitted by the existing zone and with future develop- ment as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. The staff agrees that this parcel of ground was entitled to a legal lot status because the railroad right-of-way separated this parcel from the larger parcel to the east. However, this right was exercised when a building permit was issued on September 8, 1978. Further subdivision of this parcel would not comply with the Weld County Comprehensive plan because it would encourage urban encroachment on rural land use. Approval of this request would double the residential density on the parcel and place a greater demand on the services which residential uses require, i.e. fire and police protection. Respectfully submitted, ( `�I' GAL'` •� Rod Allison Current Planner RA:rg 890631 FIELD CHECK FILING NUMBER: RE-550 DATE OF INSPECTION: May 19, 1981 NAME: Perfido and Rosa Yharra REQUEST: a recorded exemption LEGAL DESCRIPTION: part of the sWk, Section 18, T6N, R64W of the 6th P.M. LAND USE: N Pasture and irrigated crops E Pasture and irrigated crops S Pasture and irrigated crops W Irrigated crops ZONING: N Agriculture LOCATION: Four C4) mileq northeast of the E Agriculture pity of Greeley S Agriculture W Agriculture COMMENTS: The property has a single family dwelling. The Lone Tree Creek runs through the north end of the property. BY: / G a: Rod Allison, Current Planner RA:rg 810631 Cr APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Plannin4__Services , 915 10th Street , Greeley , Colorado — FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE �$ CASE NO . ( 6-7-- CCO RECORDING FEE ZONING DISTRICT Aq RECEIPT N0 . Z3 0 DATE 5Me_. APPL . CHECKED BY 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 : a ochad TOTAL ACREAGE : Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes _ No FEE OWNERS OF PROPERTY : Name : PE,Rc%A u `. � s<<. yb1QA Address : 3345C LOCr: 9C1— �� .��! Co_ . _..Phone : .3f)2 24-LI Name : Address : - - — - — _ -- Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel Ltuciu) Smaller Parcel A, NONE TYPE OF SEWER : Larger Parcel _So;c Tint Smaller Parcel PROPOSED USE : Larger Parcel Kf ;�� ,,�u4. __Smaller Parcel ��S, cJfnc ACREAGE : Larger Parcel / Smaller Parcel 5 3 EXISTING DWELLINGS : ( Yes or No ) ( Yes or No) 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 STATE OF COLORADO ) Signature/Owner or Authorized Agent Subscribed and sworn to b,,fore me this 19_ aP.. d a Y of ( SEAL ) Notary Public My Commission expires : ':0631 IV. m-- TS B. 1 . Vc wish. t ilvide tt e ru :+,rty in order to bui l a single ramily dwefl:ni. 2. 4;e eH nut plan to uiviee theue two sections into smaller lots in the future. 3. The two sections would remain basically agric- ultural_ in nature. 4. There weulc to a few heroes and cattle grazing, t g, which is con > ,tent with the surrounding area. V;e are currently zone+', subdivision. Pigi_c 3 it '_nte two sections is in T;; with this zoning_. P . There acs htt cd homes in t area which are from 5 to 10 acres in size. 7. Not applicable. u. Copy of title attacnee . 9. Attached are copies of approval from the school district, the water district , and the fire protection district. 80631 k2. 18902M �") 3 y "A n A I T C. 4 r 4 IN 4. 14 A $ 3 124,1 +_:-.2 a T ')-X / Iv a ' IIITI t c' 4 , y 3 V. i V (O """\ 1 U V5 R ¢ T� s I r7 n J " at. y �!Y 'Fly v 2 s r IMP:'.UVE EN L. .. :'i II .... :_:i•:':I}'II:A'i'`. o‘t- cr .9 , -� cp. ,--,<- O 4i c ,iVi G. '7' ,S'-Yo/ev / 300' p� 1J v >i v, rti V ?.cc /477 .38' rf 48. G$' wo/° 07 06 "F_ 23F9inn,nli i { 4 49.0 ° z P i! 8iiCk F' 2U !v i. Tri•Leve./ Z Q �4 ti /4.i O O ., N ya .c/E /�1on� 23.E o 1 p 1 LEf. L._ Ilia �'I P T I ON All that part of the Southwest 1/4 of Section 1Y,, Township 6 North, Range 64 West k of the 6th P.M. , being more particularly described as follows : ;.k rginning at the Southwest corner of spid Section 1t., and considering the West line of said Section 1" as bearing North 01 ' fl/' 26" fast, with all other bearings con- t thereto; 4 f t ..ec.! herein relativeo; 3 Thence North 01° fi7' 2G" East, along said Wet line, 1148.68 feet to the North line of the Right-of-Way of the. Union Pacific Railroad Company, said point heing the I TRUE POINT Of BEGINNING; I Thence continuing North 01° 07' 26" East, along said West line, 1474.38 feet; i Thence South R9° 3d' 21" East, 674.61 feet to a point on the Northwesterly Right- of-Way line of Union Pacific Railroad; i Thence South 25° 34' 2R" West, along said Right-of-Way line, 1629.71 feet to the • TRUE POINT OF BEGINNING. 4 1 89;063V REFERRAL LIST APPLICANT: Perfido and Rose Ybarra CASE NUMBER: RE-550 SENT REFERRALS OUT: May 7, 1982 REFERRALS TO BE RECEIVED BY May 20, 1982 m m z z to o m 0 Ho O Pi Z O 0 0 O z Z 0 O 0 0 g O 00 a WO W O z fa, a 0 0 W z z County Attorney (plat only) , f Lone Tree Ditch Company /X\ c/o Harvey Magnuson _ y Weld County Health Department 119 1st Street II Ault, Colorado 80601 Engineering Department 834-2806 XX '-- County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 Colorado Water Conservation , I Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 XX State Engineer Division of Water Resources J�\ 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 8°::0631 BOARD OF DIRECTORS �7`�=:� ERNS5T TIGGES NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE Ill 4. HIGHWAY 85 LUCERNE. COLORADO 00646 GARY SIMPSON d 1,' 4/_'- Th LYLE NELSON, MGR. TOM REED % P.O. BOX 56 • PHONE 3544020 May 14 , 198i RE: Water Service , Perfidio Ybarra Dear Sirs : This letter is in response to your inquiry regarding water service to the following described property: Sec. 18-6-64 1 . x Water service is presently being provided to the above described property. i 3. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerely, NORTH WELD COUNTY WATER DISTRICT D . Nelson, Manager LDN/rMc 80631 9 e9 %sr "'5t ROBEPT C.ADAMS•PRESIDENT rqa= MYRON HASTINGS VICE PRESIDENT CHARLES COLLINS TREASURER ni RAYMOND ALM•SECRETARY LARRY D.MILLER.DIRECTOR wauainw �.4 r>u.sa.�a hh%J,'.,;- nz.'N EATON SCHOOL DISTRICT NO. RE-2 WELD COUNTY, EATON , COLORADO 80615 KENT F. NEHRBOSS, SUPERINTENDENT RONALD STEVENSON,PRIN.H.S. STANLEY SCHEER, ASST.SUPT. MANUEL JIMENEZ,ASST.PRIN.M.S. MICHAEL FARRELL,PRIN.MIDDLE SCHOOL ADMINISTRATIVE OFFICE 454-2491-P.O.BOX 127 May 27, 1981 OREN NERO,PRIN.EATON ELEM. KEITH ELSBERRY,PRIN.GALETON ELEM. Mr. Perfidio Ybarra 33-150 Weld Co. Rd. 49 Greeley, Colorado 80631 Dear Mr. Ybarra: The Eaton Re-2 Board of Education, by resolution, does not object to your request to subdivide your property into two parcels of 6.1 acres and 5.3 acres. Sin ly, t Nehrboss Superintendent 1)631. .71'Cem6er of Korth Central Association - Eaton High School Since 1914 - Eaton Junior High School Since 1971 UNITED STATES ' .• [MINT 0FH INTERIOR a:, �� EOLOGICAL S'w..JRVEY 4tet -40 ro coca ;mss w ' t,a r .' - - - r . .... _ -t nN E :r �6 � r�� AE0 \ h x ' 4,.!--i.:%, 'es'@> , _ , , .oue Scat J " °' .,� 7 c V �-V 5 !1 _.--;„ Y — . f Y svi"` 4a w d 20 1 ly a ., Y7 t M a \� I11 ' II :v x F P // it / i 4 1 ' dye} i 1 « �„ 6A0 1 F • 46n." y kk 0 h,,9,, 1 YAW 4,,a_t'3iL,*'bT3v V 'ns ' I t��l uP3 ---:-.----4.'''''‘_-_-1 ag, ,,�'"� ter Sm n REC _ JRDED EXEM: )TION NO. 0801 -I8-3- RE • 550 SHEET 2 OF 2 cne 0czo CO. Al 7A• .ti____ t ; { • 1 \\ Y6 tie ,,p ," LOTH � � N �\ list1>r 1 v N Q SEC. I.9 ...G NI R.64 l i4 Q"• °sep ( a ' f - N.J 0' 100' 200' 300' 400' '. LQiT itgalgag%=lannifilirfira 7.,-- % c .o. HI/. ;92 .,,e -- �� o BM 4f �_ _�d�— . = 713 scale 1 "• 200' • I (/^\ • Pins found o Pins est LOCATION MAP SCALE, 1"2000' West Quarter cor. North fine S.W %4 Sec. /6 Sec./8, TGN.,R.44W� 809°39'2T E: 674. 6/ ' Point of Beginning 0' 2 30' 1 (\ / LOT LOT A M (0.092 Ac. Gross n\ //A4 a - 0.320 Ac. ROW. 0'ch 5. 772 Ac. Net hi � 5 et Q M o ° 8.88°52:141E. 459.83' ' V°"ki ^� 0 oI LOT S ' 'Ci co q. G 41 5,324 Ac. Gross -0.673 Ac. R.O.W. ,\ �� GI O 4.65/ Ac Net `� kS( \ 41N cri ... -4;) C.) / i—n l ••-... Os• Cy gr/ 3 \� j J /p0. /oa, N. 0i°07 26'5..1_ ti / 8 0631 5.W. ---T Cor Sec. /8 PROJECT NO McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, ColDracio 50631 8210O RECJRDED EXEIVLAITIONI NO. 0801 -I8-3-RE 550 SHEET t OF 2 DATE : JULY 9 , 1982 OWNER: PERFIDIO AND ROSE YBARRA Q� 33450 WELD COUNTY ROAD NO. 49 GREELEY , COLORADO 80631 �a : ed1g2/ LEGAL DESCRIPTION 0l A TRACT OF LAND BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH , RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO LYING NORTHWEST OF THE NORTHWESTERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO4S : BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 18 AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 TO BEAR NORTH 01° 07 ' 26" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 89° 39' 21" EAST, 674.61 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 25° 34' 28" WEST, 1629.71 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 01° 07 ' 26" EAST, 1474.38 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 11 .416 ACRES OF WHICH 0.993 ACRES ARE IN WELD COUNTY ROAD NO. 49 RIGHT-OF-WAY , RESULTING IN A NET AREA OF 10.423 ACRES , MORE OR LESS. OWNER CERTIFICATE PERFIDIO AND ROSE YBARRA BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY SUB- DIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. i PERFIDIO YBARRA ROSE YBARRA NOTARIAL CERTIFICATE STATE OF COLORADO ) COUNTY OF WELD )ss THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS& DAY OF ! A.D. , 1982 BY PERFIDIO YBARRA AND ROSE YBARRA. MY COMMISSION EXPIRES : / = I7; - `1 WITNESS MY HAND AND SEAL : chi / 1 ( ' / // - NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON JULY 9 , 1982 UNDER MY SUPERVISION AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF —24 f GERALD B . McRAE , PROFESSIONAL ENGINEER AND LAND SURVEYOR, COLORADO REGISTRATION NO. 6616 COUNTY COMMISSIONERS CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FO FILING. J ATTEST : s -' � „sc/ 'T. COUNTY CLERK RMAN , BOARD OF C NTY COMMISSIONERS B Y : DATE : 8%0631 PROJECMcRAE & SHORT, INC. 1227 - 9th Avenue Greeley. Colorado 80631 et/O NO .�, BZioo Hello