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Home My WebLink About850746.tiff RESOLUTION RE: GRANT MOBILE HOME PERMIT NO. 1054 - BETTY P. AND WILLIAM J. HAKE 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, on the 7th day of August, 1985 , considered the request of Betty P. and William J. Hake for a mobile home for temporary use during a medical hardship, and WHEREAS, said mobile home is to be occupied in an A-Agricultural Zone District on a parcel of land being more particularly described as follows : The NE' SE', Section 2 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners , having heard the testimony, finds that said request should be granted subject to the following conditions: 1) The applicant shall apply for a building permit for the mobile home within thirty days from the date of approval by the Board of County Commissioners; 2) A septic permit shall be obtained and the site shall meet percolation test requirements prior to the issuance of a building permit; 3) Prior to the issuance of a building permit, the owner shall submit evidence that the proposed well is supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed use; and 4) The mobile home shall not be occupied until such time that the applicant has complied with the above mentioned conditions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Betty P. and William J. Hake for permission to place a mobile home for temporary use during a medical hardship, on the above described parcel of land, which was found to be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, granted subject to the hereinabove listed conditions. 850746 1 = /', 9 LOC) I / 1 /, Page 2 RE: ZPMH #1054 - HAKE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of August, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: 1 r. AI y��. WELD COUNTY, COLORADO Weld County oCthek and Recorder acq o�. and Clerk to the Board ac lineA nson Chairman r_ 1 EXCUSED BY: 0-27(--/p2-c_ai LI Gene R. Brantner, Pro-Tem eputy County Cl rk APPROVED AS TO FORM: C.W. Ki y il,es.,,. C42t�� Go d . ;acy County AttoY`ney ((��cC�� !et/ Frank Ya guch tc.g. -47L IJ UU To: Board of County Commissioners Date: August 7, 1985 ZPMH-#1054 Applicant: Betty P. and William J. Hake This request is for one mobile home for temporary use during a medical hardship. Legal Description of Parcel: The NEB SEA, Section 2, TIN, R66W of the 6th P.M. , Weld County, Colorado Location: Approximately 1.5 miles east of Fort Lupton; south of Colorado State Highway 52 and east of Weld County Road 33 The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: WILL WILL NOT X Be compatible with the Weld County Comprehensive Plan. X Be compatible with the surrounding area. X Be in harmony with the character of the neighborhood. X Adversely affect the immediate area. X Be adequately served by water and sewage disposal facilities. X Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. COMMENTS: This use of the mobile home is requested for Mr. Hake's Mother and Father. The Department of Planning Services has received no objections to this proposal. Board of County Commissioners August 7, 1985 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant applying for a building permit for the mobile home within thirty (30) days from the date of approval by the Board of County Commissioners. 2. A septic permit shall be obtained and the site shall meet percolation test requirements prior to the issuance of a building permit. 3. Prior to the issuance of a building permit, the owner shall submit evidence that the proposed well is supplying water in such a manner as to be adequate in quality, quantity, and dependability for the proposed use. 4. The mobile home shall not be occupied until such time that the applicant has complied with Conditions 1, 2, and 3 above. FIELD CHECK FILING NUMBER: ZPMH-1054 DATE OF INSPECTION: July 25, 1985 NAME: Betty P. & William J. Hake REQUEST: Zoning Permit for a Mobile Home to be used temporarily during medical hardship. LEGAL DESCRIPTION: NEB SE' of Section 2, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1' miles east of Ft. Lupton, south of State Highway 52 and east of Weld County Road 33. LAND USE: N State Highway 52, pasture. E Weld County Road 35, dryland. S Four residences, pasture, arena, poultry operation. W Idle farm land, residence. ZONING: N Agricultural E Agricultural S Agricultural W Agricultual. COMMENTS: Accesses are to Weld County Road 35, a gravel-surfaced road and State Highway 52. Structures on the subject property exist as shown on the plat map. The balance of the 40 acres is in dryland farming. Seven residences are within 1/4 mile of the site. By: Gloria V. unn Current anner 915 10th Street MOBILE HOME Greeley, Colorado 80631 Phone 356-4000 Ext . 4400 IMPORTANT - Complete all items on both sides . Mark boxes where applicable. APPLICANT BETTY I' ' W/LUaA7 T. PHONE g ADDRESS 5/19 UV. C.R • 3s A-eRT G UPTai✓ L 0, 1306 z/ OWNER S�4�7.E PHONE ADDRESS SWAM- CITY - STATE - ZIP LOT 'BLOCK SUBDIVISION LEGAL DESCRIPTION NE /' -S L" /I Section 2 , T / N, R CG W. Total Acreage I/O Application for zoning permit is made for: Staff Approval Board of County Commissioners Approval 0 Temporary Use During Construction ❑ Use Beyond 18 months During Construction of a residence of a residence OTemporary Storage ❑ Extcnsion Beyond 6 months for Temporary Storage Accessory to Farm O More than one MH as Accessory to Farm OAccessory Use as an Office O More than one MB as Accessory Use as ❑ Accessory Use in C or I Zone District an Office OMore than one MH as Accessory Use in C or I Zone District Temporary Use during Medical Hardship OAccessory Structure ❑ Principal Dwelling The above requires an Application fee of The above requires an Application fee of $50.00 S100.00 TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY .❑ Public or private company: 0 Public or private company : ® Septic Tank - Permit # ® Individual (well, cistern) Well Permit # Co Attached: Yes ❑ No ❑ Copy Attached: Yes D No DEPARTMENT OF PLANNING SERVICES USE ONLY ZONING DISTRICT ZONING PERMIT NUMBER _ S APPLICATION FEE PAID RECEIPT NUMBER DATE [CHAINDEXED APPROVED BY: OStaff Board of County Commissioners Hearing Date ISSUED BY: -DATE MOBILE HOME BUILDING PERMIT NUMBER DATE ISSUED A. sketch plan is required as part of the application review. Please attach a sketch plan of the site at the scale on one inch represents fifty feet or other suitable scale to show the proposed location of the mobile home, including distances from the property lines and other structures on the property; access to the mobile home, indicating whether the access is existing or proposed; location and measurements of any easements or right-of-ways; and any existing structures on the property. Sketch Plan attached : Yes ta No 0 Deed or contract attached: Yes O No Q What housing is available on the property and what is its present use? t",e/57/.v/4 Noxii. PR/NC_iPAL -0i4/A4_21.74 How many mobile homes are on this property at the present time? ,f/A/,E TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE Building Permit Number _ Date Building Permit Issued_ Zoning Permit valid for 6 months from date of issue. Zoning Permit issued Valid from to RENEWALS: FIRST - From _to Fee: Reviewed & Approved SECOND - From to Fee: Reviewed & Approved ACCESSORY FARM USE Type of farming operation on property: Number of Livestock Average number per year Acres Irrigated Acres Dryland Acres Pasture Number of employees now employed: Full time : Part time: ACCESSORY USE IN C OR I ZONE DISTRICT Type of commercial or industrial activity on property: Number of employees: Full time : Part time: Mobile home will be used for: IGN RE F APPLI 1APPT 8"'_ i Cam+ BUILDIN ERMITS ARE REQUIRED FOR ALL MOBILE HOMES IN ADDITION TO THE ZONING PERMIT FOR MOBILE OMES. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING INSPECTION DIVISION, ROOM 342, CENTENNIAL CENTER, 915 10th STREET, GREELEY, COLORADO 80631 , PHONE 356-4000 EXT. 4425, AFTER APPROVAL OF THE ZONING PERMIT. b. :,* 904 MAY 3 0 1886 i i 4s_ II ilt— q wl rLOt nL W Filed for record the ay of ). 19...., at o'clock(.(t)1. RECORDFIL Reception 11 46.d149 n 6+ DEPUTY. *� /..—II Weld County, Colorado Pig BS, Made this 28th day of April in the year of our Lord one thousand nine hundred and seventy-eight between Gerald E. Hake, as an unmarried person • whose street address is , City or Town of • County of We id and State of Colorado,of the first part,and r Betty P. Caldwell, asran uunmgarrieed person _ >D whose street address is 47/9 41 F4Y cry iC o oC S , City or Town of/e; .c/!/��e�/ & County of Weld and State of Colorant), of the second part, O Witnesseth, That the said party of the first part, for and in consideration of the sum of One Dollar and Other Valuable Consideration DOLLARS, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and Quit-Claimed, and by these presents do es remise, release, sell, convey and Quit-Claim unto the said party of the second part, her heirs and assigns, forever,all the right,title,interest,claim and demand which the said party of the first part ha s in and to the following described situate, lying and being in the County of Weld and State of Colorado, to-wit: Beginning at the East One quarter corner of said Section 2; thence N 90 degrees 00"00" W on an assumed bearing along the North line NE% SE-1/4 said Section 2 a 'distance of 660.80 feet to a point, said point being the NE corner W% said _- NE1 SE4; thence S 00 degrees 05' 37" W along the East line said Wk distance of 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing S 00 degrees 05'37" along said East line a distance of 624. 11 feet to a point on the South line NW's NEk SE's said Section 2; thence N 89 degrees 57' 53" W along the said South line a distance of 660.50 feet to the SW corner said NW' NE' SEA; thence N 00 degrees 04' 15" E along the West line said NE's SEk. a distance of 623. 71 feet to a point 30.00 feet South of the NW corner said NEk SE's; thence N 90 degrees 00'00" E a distance of 660. 79 feet to the TRUE POINT OF BEGINNING. Contains 9.5 acres more or less. Weld County, State of Colorado. To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part of the second part, her heirs and assigns, forever. y In Witness Whereof, The said party of the first part ha s hereunto set his hand and seal the day and year first above written. �,op Signed, Sealed and Delivered in Presence of .._•_'S-f. r/ t .714-----(SEAL) (SEAL) (SEAL) (SEAL) STATE OF COLORADO, as. City and county of Denver The foregoing'Shstrument was acknowledged before me this 28th day of April _ . ;i9 Z$ by Gerald E. Hake, an unmarried person. Witness my hand and official seal. '7 ( \t,C Q : - 7. c My commission expires NOTARY P171312C: L Mailing Address for Future Tax Notices Name Mailing Address 183-P REV. Ban QUIT-CLAIM DEED—THE C.F.HOECKEL CO..DENVER 28862 Lc 1-3 P y3 • p0 " o w ' c 0p Ph ` 'R fM o F y : p a H P v 4 O 0 a !V ° O C tl tC .M ►r fl, c v 6 S , H E i a o o,is. o I d c 4 CD x CD t A _ c n_. o (, A4 m n m A �=• `ly a o d m - �- z co I CI i �y re T IP a H ICI C irl 4_N O. y n t� H C y O • + co a H,i) r DI s g 6 er o ° n ia t o - ?` � ° Ott ti� rz o vtil c Cs7 o r� g R ti N n 2 c a r_ 7, C _ M X _ _, 7 O o ` ,.q p, t n O !". 1 O L. • n n hi H t+ - y. r. ( Li j Y i J OLr- A Recorded at „re/ e o ciccek.._ j, D* ) ._ 't._.,../.7 'i Reception No 16._ _..,5 Reception MARY ANN FEU:. ;INRecorder. - THIS DEED, Made this 3rd day of June , 1976 , between RALPH H. CALDWELL, former husband of BETTY P. CALDWELL, also an unmarried person of the County of Jefferson and state of Colorado,of the first part,and BETTY P. CALDWELL, former wife of RALPH H. CALDWELL I of the County of Weld and state of Colorado,of the second part, WITNESSETH, That the said part y of the first part,for and in consideration of the sum of ONE DOLLAR (81. 00) lid, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do es remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, her heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said F part y of the first part ha s in and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: The NE 1/4 of SE 1/4 Section 2 , Township 1 North, Range 66 West of the 6th P. M. County of Weld, State of Colorado 0 BONA FIDE TRANSFER PURSUANT TO COURT ORDER; NO TRANSFER FEES REQUIRED 7— mat jl TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the I said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part Y of the second part, her heirs and assigns forever. sagas IN WITNESS WHEREOF, The said party of the first part ha s hereunto set his hand :non and seal the day and year first above written. / i1ll.`/...! .. L !✓!!' ��/ [SEAL] Signed,Sealed and Delivered in the Presence of Ralph H. Caldwell, former. [SEAL] husband of Betty P. Caldwell , also an unmarried person, [SEAL] 1.2 [SEAL] STATE OF COLORADO, ll }ss, City and County of Denver ] The foregoing instrument was acknowledged before me this 3rd day of June 1976 ,be Ralph H. Caldwell former husband of Betty P. Caldwell also an unmarried person. My commission expires September 2 , 1976 .Witness my hand and official seal. i S , .L_atGc ‘7"-Zr- , 17-10_' .- - Notary Public. 'If by natural person or persons here insert name or names; if by person acting In representative or official capacity or as attorney-in-fact, then insert name of person as executor, attorney-in-fact of other capacity or description: If by officer of cor- poration then insert name of such officer or officers, as the president or other officers of such corporation, naming it—Statutory Acknowledgment. Sec. 118-6-1 Colorado Revised Statutes 1969. No.933. QUIT CLAIM DEED.—kradiord Yublishlnu Ore 1324-40 Stout Street.Denver,Colorado (553-5011' —1-70 PlatteValley Medical Center July 3, 1985 1850 Egbert Street Brighton,Colorado 80601 (303)659-1531 To Whom It May Concern: Mr. Gerald Hake, 85 years old, was a patient in this hospital 6-20-85 through 6-29-85, for a Pulmonary Embolism, Respiratory Failure and Conges- tive Heart Failure. He and his wife had just moved here with the purpose of being under the care of their son, Bill Hake, due to their increasing medical need for assistance. Mr. Hake's Congestive Heart Failure and Chronic Obstructive Pulmonary Dis- ease, combined with his wife's status post cardiovascular accident which affected her speech and extremities on one side and left her dependent on a walker for ambulation, puts this couple at risk of nursing home care. The high costs of nursing home care can be spared the state and taxpayers of Colorado through Mr. Bill Hake's dedication and willingness to provide the care and supervision his parents require. To do this , he must be per- mitted to setup a mobile home for his parents on his property adjacent to his own dwelling._ Sincerely, Vic Montoya, Director, Social Services. Operated by Adventist Health System VM:ws JOHN M. HINER. M.D. Internal Medicine 1929 EGBERT, SUITE C BRIGHTON, COLORADO 80601 Telephone 659-1872 July 11, 1985 Re : Gerald Haake To Whom It May Concern : Mr. Gerald Haake is an eight-five year old gentleman who suffers from cancer of the rectum. In addition, he has heart failure , angina pectoris , and emphysema. He requires intensive medical care and supervision. He recently moved from his home in California to be under the care of his son here in Colorado. Since he requires close supervision for his medical status including many activities of daily living as well as supervision of his medications , it is imperative that his son be close by him to perform this . They have applied for a zoning variant so that a house trailer may be put near the son' s home to accomplish these goals . I think that it is entirely justified medically and fear that the only alternative would be a nursing home placement for this gentleman. That is certainly an undesir- able alternative because of the extreme cost in medicare and tax dollars that it would generate as well as severe emotional distress and probable deterioration in the patient ' s physical status . On the patient ' s behalf, I urge you to allow a variance on medical grounds . Sinter y n M. Hiner . . JMH :jc Telephone: (303) 857-4667 LAW OFFICE 616 Denver Avenue Metro Phone: 659-2028 of P.G. Box 333 Sherry D. White JOHN R.DENT Fort Lupton, Colo. 80621 ?araiegal Assistant January 4, 1985 Betty Hake 5119 W.C.R. #35 Ft. Lupton, Colo. 80621 RE: FINDINGS AND ORDER Dear Betty: Enclosed please find a copy of the F;ndings and Order which I drafted and had the Court sign. I did sign a proposed Deed to Gerald' s lawyer and asked them to sign it and return it to me. However, I have not had any response to them to date. If we have not heard from them by January 15, I would recommend that we proceed to petition the Court to sign the peed for them. Sletyy-x; L irt . R. Dgnt ,;JRD:br 7/ enc : r Telephone: (303)857-4667 LAW OFFICE 616 Denver Avenue Metro Phone: 659-2028 P.C. Box 333 Fort Lupton, Colo. 80621 Sherry D. White JOHN R.DENT Paralegal Assistant January 28, 1985 Betty Hake 5119 W.C.P,. #35 Fort Lupton, Colorado 80621 Dear Betty: I am happy to report that we have received the Quit Claim Deed from Gerald conveying title to your property from him into your name. We have mailed the Deed to be recorded, after which it will be returned directly to you. You should be receiving it within the next week to ten days. This should clear all your title problems and title to the property is now vested in your name alone. It was a pleasure being of assistance to you in this matter, if we can help you in the future, please do not hesitate to contact us. Thank you. aerell -)W Sherry D. White sdw:br DISTRICT COURT, COUNTY OF WELD, STATE OF CO!,ORADO Case #2855-•D ----------------- FINDINGS AND ORDER IN RE THE MARRIAGE OF: BETTY HAKE, Petitioner and GERALD E. HAKE, Repondent This matter having come on for hearing before the Court on December 13 , 1984 , and the Court having heard the testimony of the parties and of William Hake , and the arguments of counsel , now makes the following findings , conclusion and order, to wit: The Court finds that Plaintiff , Betty Hake was formerly married to Ralph Caldwell. During the time they were married, the Caldwells acquired as vacant land , the property described as the NE} of the SEi of Section 2 , Township 1 North , Range 66 West of the 6th P .M. , Weld County, Colorado, also known as 5119 Weld County Road #35 , Fort Lupton, Colorado. The Caldwells then built a house on that property and financed the construction of the house using the land as security . Ralph and Betty Caldwell were divorced *and Plaintiff , Betty Hake , formerly known as Betty Township 1 Caldwell, received the NE} of the SE} of Section ec tiony2 ,CTlwnshiado as North, Range 66 West of the 6th P.M. , part of her divorce from Mr. Caldwell , subject to the indebtedness against that property. Plaintiff then met Gerald Hake to whom she was subsequently married. This Court finds that Plaintiff ' s marriage to Respondent, Gerald E. Hake was a marriage of convenience , the' primary object of which was to 'refinance the Caldwell debt secured by the above referenced property . This object was accomplished. In December of 1976, the marriage between Gerald and Betty was dissolved in Adams County. However , the parties continued to live together and held themselves out as man and wife. They were advised by an accountant or lawyer that they were married at common law, whereupon a second divorce proceeding was commenced in Weld County , which resulted in a dissolution of the party 's marriage in January of 1979. In connection with the settlement divorce in 1979, the Court concludes that the property agreement entered into by the parties in connection with that action, in specific , paragraph 4 on page 4 of the Separation Agreement referring to the property located 5119 Weld County Road #22 , is interpreted by this Court to have intended and to have in fact referred to the entire 40 acre tract, that is the NEi of the - SEI of Section 2 , Township 1 North , Range 66 West of the 6th P.M. , Weld County, Colorado. -1- The Court does find that Gerald E. Hake made certain contributions to the loan secured by the above referenced property, however the Court concludes that his contributions were not more than the benefits he derived during the marriage. The Court further finds that Respondent has made no payment on those loans since 1979. Further the Court finds that with respect to the debt in the original principal amount of $17 ,000. 00 , that debt at all times was a lien against the property. Plaintiff has made most of the payment son the $17 , 000 . 00 debt principally because of it's being a lien against the property. The Court finds that no other construction can be placed upon the language of the property settlement agreement entered into by the parties and therefore orders that the language of the property settlement agreement be amended in paragraph #4, "Real Property" by the deletion of the reference to 5119 Weld County Road #35 , Fort Lupton , Colorado and the insertion in lieu thereof the following: "NE} of SEI of section 2 , Township 1 North, Range 66 West of the 6th P.M. Weld County, Colorado" So that the first sentence of paragraph 4 of the previous separation agreement will read as follows: "The parties hereto agree that the property at 5119 Weld County Road #35 , Fort Lupton, Colorado, Legally described as the NE} of the SE} of Section 2 , Township 1 North, Range 66 West of the 6th P.M. , Weld County , Colorado, was the sole and separate property of the Petitioner prior to the present marriage with the Respondent and that the said property shall be and remain the sole and separate property of the Petitioner , and Respondent hereby relinquishes any claim which he may have to the same. " The Court orders that Gerald E. Hake shall execute in favor of Petitioner a Quit Claim Deed to said property within 15 days of the date of this order. Should the Respondent fail to execute such a Quit Claim Deed, the Petitioner may apply to this Court for an Order directing the Clerk of the District Court to execute such a Deed conveying said property to Petitioner in Respondent's behalf pursuant to the provisions of C.R.C. P. 70. Done in open Court this P �J, day of December, 1984, nunc pro tunc , December 13 , 1984. —7 j7i�tric(t .Court Judge;' 4✓'. CERTIFICATE OF MAILING I hereby certify that I have this :"/". / day of December, 1984, mailed a true and correct copy of the foregoing Proposed Findings and Order , addressed to: Marcia Minuck 6595 West 14th Avenue , Suite #250 Lakewood, Colorado 80214 0 Ve � o s _ li � 1 \ , 0992 4997, _L>1 / �_3 �_ _ 544 7 _ _ o I ,f; ,.L, Ik ) 000 LE d \ 414985 •_ '_ \__' I/ `' y 5130 1 �F�,' -oev . _ - 3 2 I LU \ / , FORT Windmill Il i" ‘I �_,/ 'i ---,, \ Orsjigr - -',' ig - -. 9 ks © o 1 �-st� -1 -1 _-. 5002 . — f - « ('i 15000 _ - / I I i_t� ' I - , I v I� W d o Ih,x T /ilk ��,: 5069, 91O 11 I ) � 11\ ' '1--'-', ---si Kt ji - _ ' I 'Se cD \J 14965 y15033 \5053 5073 ._ • Sdtt4 ) ' 3 / mound • saoC� /�� .� _' I _ Smith Mound --.I__ 16 -I / 15, r 14 % 14 C0 lir- . i N-1 • -- I o • H , ut n0 --� 5/ 5065 wind h / /917 ae x5067 .5055 52 flsis<x. •23 23 sn;o - 2 Coto_ ywx sz _580' N NE} It) Er/ST/N6 HOME — 380 tenz. I TAC/! 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