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HomeMy WebLinkAbout800793.tiff Recorded of L:Q VI o'clock A .nLA.L1G._..7 1980 ‘°°1- 910 1832313 470 J 3 -/ G State of Colorado, Weld County Clerk & Recorder L RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 119 - JOHN AND JANICE WINDSOR AND MANUEL PINEDA. WHEREAS, the Board of County Commissioners of Weld County, C' Colorado, pursuant to Colorado statute and the Weld County Home e 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 reviewed the request of John and Janice Windsor and Manuel Pineda for an exemption from the definitions of "subdi- CC vision" and "subdivided land" in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1 of the Weld County Subdivision Regu- lations, and L WHEREAS, the Board of County Commissioners finds that John and Janice Windsor and Manuel Pineda are adjacent land owners of certain parcels located in Part of Section 17 , Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. This request does not create any additional parcels but is an exchange of property between the applicants resulting in changes to the existing property lines. The legal descriptions of the resulting tracts of land are as follows: TRACT B That portion of the Northeast One-Quarter of Section 17, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the East line of said Section 17 as bearing North and South and with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 17, thence South along the East line of said Section 1513. 88 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line South, 112 . 93 feet; thence North 80°49 '10" West , 176 .51 feet along the Northerly Bank and the Easterly extension thereof of the Greeley No. 2 Canal; thence departing from said north bank North 01°32 ' 55" West, 84 .80 feet; thence North 90°00 ' 00" East, 176 .54 feet to the TRUE POINT OF BEGINNING; Subject to all easements and rights of way of record. The above described Tract con- tains 0. 40 acres more or less. 7� ,1 800793 . 6* 910 ^ 1832313 3- 2 TRACT C That portion of the Northeast One-quarter of Section 17 , Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the East line of said Section 17 as bearing North and South and with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 17, thence South 1316 . 1 feet along the East line of said Section to the North- east corner of the South one-half of the Northeast One-Quarter of said Section, said corner being the TRUE POINT OF BEGINNING. Thence South 87°43 '40" West, 1670. 86 feet; thence South 16°52 ' 30" East, 179 . 52 feet; thence North 89°10 '10" East, 316 . 25 feet; thence South 44°15 ' 30" East, 222. 10 feet to a point on the toe of the Northerly bank of the Greeley No. 2 Canal; thence along the toe of said Northerly bank the following courses; North 50°40 '20" East, 297. 59 feet; thence North 64°47 ' 50" East, 235. 36 feet; thence North 89°03 ' 30" East, 118 . 02 feet; thence South 57°59 '20" East, 255. 90 feet; thence South 76°51 ' 00" East, 196 . 58 feet; thence South 80°49 ' 10" East, 2 . 41 feet; thence departing from the toe of said bank North 01°32 ' 55" West, 198 . 64 feet; thence North 88°37 ' 12" East, 117. 99 feet; thence North 65°25 ' 54" East, 67. 80 feet to the East line of said Section; thence along said East line North, 52.95 feet to the TRUE POINT OF BEGINNING. Subject to all easements and rights of way of record. The above described Tract con- tains 6. 57 acres more or less. WHEREAS, the Board of County Commissioners of Weld County, Colorado has studied the request of the applicants, has studied the recommendations of the Weld County Department of Planning Services and has heard the testimony and statements of those present and finds that said request should be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the abovedescribed parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations, and ' ' 004- 1832313 ,-3 BE IT FURTHER RESOLVED by the Board that the resulting parcels of land as described above be, and hereby are, consi- dered to be single lots. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of July, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO W. Vy,t ZX (Aye) C. K rby, hairman b\rcc=v,xJa c,• r ,, (Aye) T 1{onard L. Roe, Pro-Tem(lam.`40-.• (Aye) Norman Carlson ar (Aye) Ly Dun bar ar (ABSENT) June K. Steinmark y ATTEST: /! 7.� f w,A Lrid Wei 1, Count C erk and Recorder an - erk to the Bo r (By: !7 / _ ----- uty County erk APPROVED AS-)TO FORM ` County Attorney DATE PRESENTED: AUGUST 6 , 1980 SUBDIVISION EXEMPTION • FLOW SHEET County Commissioners Meeting Date: JUL 30 1980 Applicant: Ma\ Ji4\ ? .c6... ) £.T�Q1_ /Case #: p Legal Description: P r. NE4 r 1� 1 ,T(t, R 4pl vs/y"1 0- Location: V2. 14,1\4, hoA-h V YNnlilSOf- D I ky , JUL 10 1180 Application Received d"� J111181980 1980 a� Application Complete Letter to Applicant Drafted JUL 16 1960 CaC. SE# Assigned JUL 16 1980 COL Air Photo Map Prepared 7-/6'0 Chaindexed ,7-17-gO _x-4O Applicant Notified 7- i7 SO 9 Legal Approved by County Attorney �] Field Check by D.P.S. Staff 1Itetlq1U D.P.S. Recommendation Drafted JUL 281980 JUL 28 1980 D.P.S. Recommendation Typed Packets Xeroxed III? 281980 c�-ash History Card - Completed ,t),o\ • TO Board of County Caxmissioners Date July 30, 1980 Subdivision Exemption # 119 Applicant John and Janice Windsor and Manuel Pineda Legal Description of Property: Part NE4 Section 17, T6N, R67W (tract B) of the 6th p.m. , Weld County, Colorado. Location of Property: 1/2 mile north of the Town of Windsor The owners of the property described above have requested an exemption fran Section 2-1 of the Weld County Subdivision Regulations adopted August 30, 1972. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the followings reasons: DOES DOES NOT x Fall in flood plain or a geologic hazard area x Agree with the Weld County Canprehensive Plan x Create new parcels elgible for building permits x • Agree with surrounding land uses COMMENTS: The applicants are adjacent property owners. A letter dated July 7, 1980 has been submitted which explains why the request has been made. This request does not create any new parcels but is simply an exchange of property between the applicants resulting in changes to the existing proerty lines. eiSk Assistant Zoning Administra 804-80-O40 APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext . 404 Department of Planning Services 915 10th Street , Greeley, Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SE- Uq APPL. FEE ZONING DISTRICT qtir u1rA\ RECEIPT NO. DATE JUL 16 1980 APPL. CHECKED BY CD,C_. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : i I (we) , the undersigned hereby request that the following described pro- perty be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 2-1 A. (3 ) of the Weld Count•. Subdivision Regulations. by the Weld County Board of County Commissioner~ LEGAL DESCRIPTION: NE1 Section 17 T 6 N, R 67 W SEE: Weld County Sub. Exemption Map - Exhibit A. 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 : Manuel Pineda Address : 38280 WCR #19, Fort Collins, CO 80524 Phone 686-2726 Name: _John and Janice Windoor Address •33741 Hwy 257 Windsor, Colo . 80550 Phone 686-5255 Name : Address : Phone I hereby depose and state under the penalties of perjury that all state- ments, 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) ig ature: O er or authorized Agent Subscribed and sworn to before me this day of q4 � 19 `LD . SEAL Notary Public s /y0 My Co ission expires : lk Weld County Subdivision Exemption Map Of portion• 01 -the R/orThea4t One - Quarter o/ 4ecfion f7, Township CP North, /Zange 01 Wee of the 4ixlh g ine pal Meridian. County of Weld , rltate of Colorado. re- 5fact line of.gec{ion 17 i tee:ou 'zut0 {4 mess. —1 / • , Air kiraspholt k....., ( — t\ t- —71.3 Q sQ 0. e lal ; / on pb(r j µlt eeeo', a d,"0/I-fs it d ���iii •OoP S3 O ont esistivira ` W Y7' hevJe Al�t � atilt , �- � e �` O.Mwe/u 0 * 1 M • a' ri 1 0 :t A X X a I,.,f L exist wool rail fence on lint Y t {^ 8low4p V Vac/0:0S" fie: f"-f00' 14 k Graphic Scale p is re Is we a .et Scale: 1"=400' • General No}e',: $ i. Tracts X .er properly corners were *drib; ne.4 rebar wised Lg. /b4As, ereeaf ter paiv/ eel *aim tine a*kk are nail iv/shiner L.4./6./04. • \ e. *lee/pr/6 found of Nit c re& egicar a/ ec.we Ash with permed' with �.6. *Seer illegible. 9. Tact "Cm corners were not Set,except for touter• common to x to reach 'reef' "44. The original ftrvey of Axe /iwc/*old olheni woe prepared in yep iorv4 by /1/<LP projaef no. (0400 200 . 4. a a $ asurveyors Ger{ihicate I hereby certify Mal this plat wag prepared by :In n me or under my eupervigion and that infonnatr'a, hi contained hereon io correct to the best of my/ iowledye. " Colorado ,egs4tered I-ant7 Sarre or /1/0. /4404 . J4ne /4�oeo _ ':.5•1;44,44,,,,,, , 1 S'i ( • AGREEMENT Ir r agreed that John C. Windsor, Jr. , and Janice P. Windsor shall sell to Pineda z. Sons Farms, Inc. , 11, 34.1 square feet of Tract C (see attached Exhibit A, legal description) , said square footage to be a strip of land to the north of Tract A and also a strip of land to the west of Tracts A and B as indicated on the attached preliminary survey. Mr. & Mrs. Windsor shall receive $1,200.00 for said 11,349 square feet at the time of actual transfer of the land. it ::hall be the responsibility of Pineda & Sons Farms, Inc. , to produce and pay Err 01.1 such documents as maybe required by the county for county permission and the legal requirements for transfer of said property, and for such require- ments as required by the county for re-establishing the boundary lines of the revised Tract C, and any resulting costs incurred in the legal clarification of Trdi t is resulting from this transfer, if so required. • II is further agreed that this agreement is entered into for the convenience ,rl i'uteda . Sons Farms, Inc. , and therefore it is not intended for any costs resetting from this agreement to be borne by the sellers. This agreement shall remain binding until the first day of June, 1980; however, alt Parties agree to proceed as quickly as possible. r24-r /� �T 7 .V./Z ,� Ste , in y /9,f4") M.mu�l I•ineda, S, ,:. ate I Pineda & Sons Farms, Inc. • 3/940 • • • ur C. Windso , Jr. Date 7/e0 J rice P. Windsor Date • It is agreed that payment of $1 , 200.00 is paid this Qni. day f eki.Ne 1980 for land as described above. Mr. and Mrs. Windsor agree to sign a Quit Claim Deed granting said 11,349 sq. ft. of land as described above to Manuel Pineda at such time as the Quit Claim Deed is completed and presented for u signature. el Pineda. Sec. Pin da Farms, Inc. Date. e.£& w1nd5th4e ice P. i dsor Date 7 July 1980 TO: DEPARTMENT OF PLANNING SERVICES WELD COUNTY, COLORADO To whom it may concern. In 1971 my brother Julian Pineda and I ( Manuel Pineda ) bought two separate tracts of land a mile north of Windsor, Colo. At that time we did not survey the properties we each owned. We assumed that the driveways, the existing fence lines, and a. dividing hedge were in fact the true boundary lines. In September of 1978 I sold my tract of land to Mr. John Windsor fro= North Dakota. Mr. Windsor in checking out the surveys found some diff- erences in the survey that we had presented to him and the physical boundaries, fences,, hedge row, etc. I then employed a certified surveyor to survey out the amount of land in question so that the physical boundar- ies fence, hedge row, etc. would coinicide with the new survey. The size of the tract of land that we had to purchase back from Mr. Windsor amounts to approx. 12,000 sq. ft. It is for this tract that we are requesting or applying for a subdivision exemption. The legal descriptions of the new tract being sold back to Pineda are attached here, along with the original legal descriptions of the adjoin- properties owned by Pineda. and Mr. Windsor. I will be available to answer any questions by the commissioners. Thank you,. • r S ,.5_,4,�1 ,n r 1 V JI L OI4 In (%1 �� Jx ;O° r NI sr— 5 • 5 F9 — 37-17 1AJ !' J2 ? N 11 I I 0 -1. _ - or, -OOC. I3o/ = +° L '' J : ! hi d . I.? I 6 A r- O N 'II , ,"� n' s 1 3 . S n oiit: I o r - Irt Pc Lid ri u „ ,i o ill �� p C pc $ . 1 `i �' V o C� % 0 • o 'J10- . , cJ i..1 p - w- p t o L L d p i�� 1j a vii d ==ci t +1 1-I I gxi Pf I43- 1 Lg •lr�_ N } J I C.clLi o + 1 t r-O /Y 7 • r July 9, 1980 Legal Description of a portion of Tract C (to be divided a.nd added to Tracts A and B) That portion of the Northeast One-Quarter of Section 17, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the Est Line of said Section 17 as bearing North and South and with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 17, Thence South, 1316. 1 feet along the East line of said section to the Northeast corner of the South one-half of the Northeast One-Quarter of said section. Thence South 87°43'40" West , 167C. 8g feet: Thence South 16°52 '30" East, 179.2 feet: Thence North 89 10 '10" East, 316.25 feet :Thence South 44 15 '30" East, 222. 10 feet to a point on the toe of the Northerly bank of the Greeley No. 2 Canal; Thence along the toe of said Northerly bank the following courses; North 50°40' 20" East , 29g. 59 9 feet; Thence North 64°47 '50" East, 236,36 feet ; Thence North 89 03 '30" East, 118.02 feet; Thence South 57 59' 20" East, 255. 90 feet; Thence South 76°51 '00" East, 196.58 feet; Thence South 80°49' 10" East, '.4(!) feet to the TRUE POINT OF BEGINNING: Thence continuing South 80 49' 10" East, 44. 82 feet; Thence departing from the toe of said bank North, 191 . 92 feet ; Thence North 90°00'00" East, 130.00 feet to the East line of said section 17; Thence along said East line North 44. 83 feet; Thence South 65°25'54" West, 67. 80 feet; Thence South 88637 ' 12" West, 117. 99 feet; Thence South 01°32'55" East, 198.64 feet :core or less to the TRUE PINT OF BEGINNING. Subject to all easements and rights of way of record. The above described Tract contains 12,488 square feet more or less. �E Y:.,a, T(j'4'11y y" ? 16404 l' Pale V. Greer 4t�,;' io:'Qtolorado Registered Land Sarveyor % ,#O t''Qtr No. 16404 • SUav it Junc✓4 4, 1980 Page , of 2 TRACT A That portion of the Northeast One-Quarter of Section 17, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the East line of said Section 17 as bearing North and South and with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 17, thence South along the East line of said Section 1513.88 feet to the TRUE POINT OF BEGINNING; thence departing from said East line South 90°00'00" West& 176.54 feet; -thence North 01 32' 55" West, 113.84 feet; thence North 88 37' 12" East, 117.99 feet; thence North 65°25' 54" East, 67.80 feet to the East line of said Section; thence along said East line South, 144.83 feet to the TRUE POINT OF BEGINNING; Subject to all easements and rights of way of record. The above described Tract contains 0.49 acres more or less. TRACT B That portion of the Northeast One-Quarter of Section 17, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the East line of said Section 17 as bearing North and South and with all bearings contained herein relative thereto. Beginning at the Northeast corner of said Section 17, thence South along the East Line of said Section 1513.88 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line South, 112.93 feet; thence North 80°49' 10" West, 176.51 feet along the Northerly Bank and the Easterly extension thereof of the Greeley No. 2 Canal; thence departing from said north bank North 01°32' 55" West, 84.80 feet; thence North 90°00'00" East, 176.54 feet to the TRUE POINT OF BEGINNING; Subject to all easements and rights of way of record. The above described Tract contains 0.40 acres more or less. TRACT C That portion of the Northeast One-quarter of Section 17, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the East line of said Section 17 as bearing North and South and with all bearings contained herein relative thereto. June 14, 1980 Page 2 of 2 Revised 7/9/80 Beginning at the Northeast corner of said Section 17, thence South 1316. 1 feet along the East line of said Section to the Northeast corner of the South one-half of the Northeast One-Quarter of said Section,°said corner being the TRUE POINT OF BEGINNING. Thence South' 87 43'40" West, 1670. 8 feet ; thence South 16°52'30" East, 176. 52 feet; thence North 89 10'10" East , 316.25 feet; thence South 44 15'30" East,222. 10 feet to a point on the toe of the Northerly bank of the Greeley No. 2 Canal; thence along the toe of said Northerly bank the following courses; North 50 40'20" East, 297.59 feet; thence North 64°47 '50" East, 235.3g feet; thence North 89°03 '30" East, 1 1. 02 feet; thence South 57 59 '20" East, 25 . 90 feet; thence South 76 51 '00" East, 196. 58 feet; thence South 80649' 10" East 2.41 feet ; thence departing from the toe of said bank North 01 32'55" West, 198664 feet; thence North 88°37 ' 12" East, 117. 99 feet; thence North 65 25'54" East, 67. 80 feet to the East line of said Section; thence along said East line North, 52. 95 feet to the TRUE POINT OF BEGINNING. Subject to all easements and rights of way of record. The above described Tract contains 6.57 acres more or less. OQ�6151fgFF�1�1+ /1_9 /�-Q{/.� i r% G -9 I, Dale V. Greer " � 16404• ° "1 Colorado Registered Land Surveyor N•`� c'oj No. 16404 1J;••.; a :C, rIll� s u A1/4 It" 4 fit • .. I APPIEFU , : 4- -• ..., ' �: t . . COLOR r f .: 1 c ' `,•t I NUT = DIES „r w •,. x •r Coal. "/O Mr 1 , H <,� 5 d M1- : £O 14 :R. ET f i fa' ( 0 • e 43 , . r„. ., ...... ritor, . ' •` ` i a 4% f- A� - . ) ' fIrt I * 7' - .. s';''- 7 . . fh• Jill. ...Atte f IC . -_7.•ft: We. Tilli .-. %.. • . 14 ••• ill': - . , , It. i , ell ?'•"'I.' -<- .,• `' I .C,�,._..... - -1I, - .lei �I IIIN. 1002 1 _ _ �_-_ \ 2 t, Y 2 U O r - ply F ,+ • .}� • It ' 7 r' '� E E''''.. T` •••• risit-- co •Vt. ' J. -.*".0•71).""li r •' •h- Asiollir'S • . V4ik I i % • 1 •je Tile . 'tr. . • .6:' 0 - • ,:r . , . -I , . "...t....4.0slijit . - '7 ' ' rat• . • ' _ r► _ �p .-'47913 I 1 `• ap 4;1 _ t ' , .178P...? i .t, ., • al,*4 dolovislioriThipi • . . 44 I Or illt.•e•"^ ♦ A ' ' - -. !1x1 , "t-f• s '• • . r •� t.. / 4 ` �'`' `• • •brilti‘sp. • i l V...- . d .� r .� ;,,, , 1 rA ;...,2 •t '-'r ti.• %. i ' ilt--.. N . , s r 4_... ,. .,. .90. i 0 • i NI t.- IX Or# -.�' � isF *, 0n• .' t . b. . I 0lsposal • 1\4•-:1/4•H'" • oaf, '� a •{ I I ( M r, ' • \ / 1 ,' itlfr , 1 r y,•It n Mgt \ { . •- .• •• ' a > r - tLt i♦ a Iti- - G a. is2 i _ 1„ ersee.s. +1 8 .. 4‘,.., 'Iii ; , .A.- 4:-.;CCkt. . Il• . - , jet ', ... ;j4 . . ., • It..•• titigt41 . - Ai l‘ I t• . • . trilm..„,„„,,I.! , . .. '444,1/44 1 it • I i , . ..,. ,./ __ ( \ t - ill I ......\! , — 44 1 • a- '. .+ 1R ';',yam' -i '• 'la' >• r '•J +-:.»;*�[ S •'+ , I 4, 5r..g; .; i « +, l ,e 1, .N. - 1 Y,`-`. , n44.4-y.r't `•,i",t ' J C,;Y,. ,\ It i, y �r•^ ,tt••r, *• !'r-r1• -AM.,. YY ` ;I'1 lJIy/,l _ ', ` � �� ,.' •• f lea�,• `2 ,•:.li . lit !' •.• • t .. •'� - _ • 1• L • •i• • -..e... . .,- • [ i s < k •' • /N \ aJ FIELD CHECK FILING NUMBER: Se 118 and 119 DATE OF INSPECTION : July 24, 1980 NAME: Manuel Pineda et al REQUEST: LEGAL DESCRIPTION: Part of the NE14, Section 17, T6N, R67W, Tract A LAND USE: N Residence E Agricultural S Windsor Lake i,y Agriculture ZONING: N Agricultural LOCATION: i mile north of Windsor E Agricultural S Agricultural w Agricultural COMMENTS: Tract A, as shown on the plot plan, contains a residence and outbuildings. Tract B is a fenced pasture at the present time. The two parcels to the north are also residential in nature. Windsor Lake and the Greeley #2 Canal lie immediately to the South of this parcel. Property to the east and west is primarily agricultural. VT:rg BY: ( CT o .Trn .1(o 7/25/80 Id • DEPARTMENT OF PLANNING SERVICES • t - - PHONE 13031356.4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 1111 C. July 16, 1980 COLORADO Mr. Manuel Pineda 38280 Weld County Road 19 Fort Collins, Colorado 80524 Re: Request for two subdivision exemptions on a parcel of land described as part of the NE1.4, Section 17, T6N, R67W of the 6th P.M., Weld County, Colorado. Dear Mr. Pineda: Your application and related materials for the request described above are complete and in order at the present time, with the exception of submitting an additional $30.00 application fee for the second subdivi- sion exemption. I have scheduled a meeting with the Board of County Com- missioners for Wednesday, July 30, 1980, at approximately 9:30 a.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in at— tendance to make a presentation regarding the request and to answer any questions the Board might have with respect to your application. If you have any questions conerning this matter, please feel free to contact our office. Respectfully, uwa, Chuck Cunliffe Assistant Zoning Administrator CC:rg cc Mr. and Mrs. John C. Windsor, 33741 Hwy 257, Windsor, Colo. 80550 Hello