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
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esistivira
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a I,.,f L exist wool rail fence on lint
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fie: f"-f00'
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Graphic Scale
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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
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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,.
•
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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
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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
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