HomeMy WebLinkAbout851008.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 760 - JOHN AND LORRAINE
ALLES
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 , pursuant to its
authority under Section 30-28-101 (10) (d) , CRS , as amended , did
determine at a public meeting held in the Chambers of the Board ,
that a certain parcel of land, to be divided into two parcels , as
shown on the plat known as Recorded Exemption No. 760 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS , the request for Recorded Exemption No. 760 was
submitted by John and Lorraine Harris for property which is
located in part of the E', Section 27 , Township 5 North, Range 65
West of the 6th P.M. , Weld County, Colorado, being more
particularly described in the plat which shall be provided by the
applicant and known as Exhibit "A" , said plat to be recorded , and
WHEREAS , this request is to divide the property into parcels
estimated to be approximately 3 acres and 84 acres .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be , and hereby is , exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicant submitting a mylar plat to the
Department of Planning Services to be recorded in the office of
the Weld County Clerk and Recorder. The plat shall be drawn in
accordance with the requirements of Section 9-2C. (4) of the Weld
County Subdivision Regulations. The plat shall be submitted
within sixty days from the date of approval by the Board of County
Commissioners.
.151008
Page 2
RE: RE #760 - ALLES
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
June, A.D. , 1985 .
1/4, BOARD OF COUNTY COMMISSIONERS
ATTEST I+ � ,: rJA� WELD COUNTY, COLORADO
Weld County C`terk and Recorder O Iny�_
and Clerk to the Board cJ cq ine nson, Chairman
EXCUSED DATE OF SIGNING (AYE)
BY: i(11)061) IQ,Q,,Q,Q_ Gene R. Brantner, Pro-Tem
beputy County VA
. LA-e( _
APPROVED AS TO FORM: C.W. Kir
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2-1 e I , c 4t1-- G / a
d� , County Attorney s „% ri4 „i _
Fra am•- .uchi
851008
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.4400
1. 015 10th• STREET
GREELEY,!:OLORADO 80631
I
C.
COLORADO
June 12, 1985
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption IRE-760
Dear Commissioners:
This request for a recorded exemption is submitted by John and Lorraine
Alles. The parcel of land on which this request is being made is described
as Pt. E1/2 of Section 27, T5N, R65W of the 6th P.M. , Weld County, Colorado.
The property is located approximately 2 miles east of Evans on Weld County
Road 45. The parcel of land under consideration is the total contiguous
land holdings of the applicant.
The request is to divide the property into parcels of 2.7 acres and 83.7
acres, more or less. Mr. and Mrs. Alles wish to sell the smaller parcel
which contains the existing improvements on the farm. The Alles reside c'i a
separate farm. The larger parcel will remain in agricultural use.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved for
the following reasons:
1 . The applicant has demonstrated in the submitted application
materials that the request complies the submission
requirements of Section 9-2 C. of the Weld County Subdivision
Regulations.
2. The applicant has demonstrated in the submitted application
materials that the standards and conditions of Section 9-2 F.
(1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
1./
�,1 851006
Board of County Commissioners
June 12, 1985
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1 . The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be prepared in accordance with the
requirements of Section 9-2 C. (4) of the Weld County Subdivision
Regulations. The plat shall be submitted within sixty (60) days from
the date of approval by the Board of County Commissioners.
Respectfully,
Chuck Cunliffe, Director
Department of Planning Services
85100$
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FIELD CHECK
FILING NUMBER: RF-760 DATE OF INSPECTION: May 24, 1985
NAME: John & Lorraine Alles
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Pt. F' of Section 27, T5N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately 2 miles east and 1/2 mile south of Evans
LAND USE: N Agricultural
E Agricultural
S Agricultural
W Agricultural
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Property is in cultivated cropland except for improvements. Existing
improvements are as shown on the submitted map. Union ditch runs around the
south side of the property. Access is existing to Weld County Road 45 which
is gravel surfaced.
By:
Chuck Cunliffe, Directo
Department of Planning Sery c s
851008
REFERRAL LIST
APPLICANT: John & Lorraine Alles NUMBER: RE-760
SENT REFERRALS OUT: E5\1°5 REFERRALS TO BE RECEIVED BY: June 1 , 1985
NO SR NR NO SR NR
County Attorney J X Union Ditch Co.
c/o Donna Coble, Sec.
Weld County Health Dept. P.O. Box 449
Greeley, CO 80f32
A Engineering Department
del X Lower Latham Ditch Co.
County Extension Agent c/o Sandy Vannest
P.O. Box 398
Office of Emergency Mngmt Kersey, CO 806[4
X State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, CO 80203
_ State Highway Department
1420 2nd Street
Greeley, CO 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
City of Greeley Planning Department
919 7th Street
Greeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
X LaSalle Planning Commission
Alberta Magil
P.O. Box 717
LaSalle, CO 80645
June 20, 1985 284-6931
✓/ X Evans Planning Commission
c/o Galen Kane
P.O. Box 59
Evans, CO 80620
May 28, 1985 339-5344
NO=No Objection 851008
SR=Specific Recommendations
NR=No Response
..YPLICA.ION FOR RECORDED EXEMPTI,..I
PHONE: 356-4000, Ext. 4400
Dep.irtment of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: r.`
APPL. FEE ( 23
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO. 1W II/S« {((
DATE APPL. CHECKED BY ✓y'
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: The Si of the NE* of Section 27, Townsh_p 5 North,
Range 65 West of the 6th P.M. , EXCEYI that certain parcel lying South and East of the
centerline of the Union Ditch as conveyed in Deed recorded in Book 638 at Reception
No. 1560178; EXCEYI a strip of land as conveyed by Deed recorded in Book 603, Page 14;
BUT ItitEIRIER WITH and including that certain parcel in the Ng of the SE* of Section 27,
Township 5 North, kange 65 West of the 6th P.M. , lying North and West of the centerline
TOTAL ACREAGE: 80.1; Acres± of the Union Ditch as conveyed in Deed recorded in Book
(3G 638 at Reception No. 1560177, all in the (UUNTY OF WELD,
Has this property been divided from or had divided from it any other property STAID OF
since August 30, 1972? Yes No X COLORADO.
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes X No
FEE OWNERS OF PROPERTY:
Name: John Lee Alles and Lorraine P. Alles
Address: 2470 Weld County Rd. 41, LaSalle, Colorado Phone: 284-5468
Name_:
Address: • Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Union Ditch Smaller Parcel Well
TYPE OF SEWER: Larger Parcel Farm Smaller Parcel Septic
PROPOSED USE: Larger Parcel Farm Smaller Parcel Residence
23.7t
ACREAGE: Larger Parcel 89 Acres ± Smaller Parcel 2.7 Acres+
•
EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes
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 ) � 2 CX�1 in f l:td'
tthh
Signature: -Owner or Auor3ized Agent
Subscribed and sworn to before me thisc j th day of /4 J.1 Q, , 19 .
(SEAL)
(2di X17 e i etza )
Notary Public
My Commission expires:
851008
April 18, 1985
24708 Weld County Road 41
LaSalle, Colorado 80645
Weld County Department of Planning Services
915 10th Street
Greeley, Colorado 80631
RE: Recorded Exemption at 25573 Weld County Road 45,
Greeley, Colorado.
TO WHOM IT MAY CONCERN:
Concerning No. 4 -
The reasons for dividing the farm buildings from the farm itself is
as follows: I have adequate farm buildings and storage space on my home
place and as this is a second farm, the house has been rented out.
Also, the buildings would be better served by someone living on the
premises.
Concerning No. 5 -
I believe the division would not be inconsistent with the commissions
policy, because no new living quarters are being created to conflict with
close neighbors.
Concerning No. 6 -
This again would not conflict with any zoning laws, as it is in the
agricultural area.
Concerning No. 7 -
The said living quarters and surrounding space will dictate to the
fact that the new division will be a residence first and foremost.
Concerning No. 8 -
No new development is planned to interfere with existing zoning laws.
Concerning No. 9 -
Because the property has already been developed, no major construction
will be necessary on said division site.
8510019
Weld County Department of Planning Services
April 18, 1985
Page 2
Concerning No. 10 -
A soft water well that has been serving the existing house for more
than 10 years, is more than adequate for a family dwelling. Also a septic
tank has been in effect for many years.
Concerning No. 11 -
The property is not in a flood plain, and not located in a geologic
hazardous area. The property is more than five miles from the nearest air-
port.
Concerning No. 12 -
I have no further information to add, other than the property has been
an existing farm yard and living space for at least 65 years. It was known
as the Parker Dairy in the 1920's.
Thank you.
Sincerely,
7 ,:
John Lee"Alles
851008
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WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds
the following conveyances affecting the real estate described herein since
August 30, 1972.
LEGAL DESCRIPTION:
The Si of the NE; of Section 27 , Township 5 North, Range 65 West of
the 6th P .M. , EXCEPT that certian parcel lying South and East of the
centerline of the Union Ditch as conveyed in Deed recorded in Book
638 at Reception No. 1560178 ; EXCEPT a strip of land as conveyed by
Deed recorded in Book 603 , Page 14 ; BUT TOGETHER WITH and including
that certian parcel in the Na of the SEa of Section 27 , Township 5
North, Range 65 West of the 6th P.M. , lying North and West of the
centerline of the Union Ditch as conveyed in Deed recorded in Book
638 at Reception No. 1560] 77 , all in the COUNTY OF WELD, STAT3 Of
COLORADO.
CONVEYANCES (if none appear, so state) :
Reception No. 1693006 , Book 771
Reception No. 1781672 , Book 860 see attachad_nopies
Reception No. Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Bock
Reception No. _ _._ , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion
of Title, nor a guarantee Title, and the liability of TRANSAMERICA
TITLE INSURANCE COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, TRANSAMERICA TITLE INSURANCE _ COMPANY
has caused this certificate to he signed by its proper officer this _18th day
of April , A.D. , 1985 . at 7 : 00 A.M. o'clock.
TRANSAMERICA TITLE INSURANCE COMPANY
COMPANY
By:
AUT/ORIZ SIGNATURE
851008
•,- �I r Recordeda .. . M_.- -__JUL..._fi_197.6_._
•
-y. ! motion No a S...L E SMEItEr, 12 —.Recorder. '
I! E.
I EIIOW All Gen by these Frtatnta, That I, JOHN/ALLES AND JIARTHA ALLES
1
II ( whose street address ia ,City or Taunt of LaSalle i—
I. .—
; a• 1 countyof Weld _......and State of........_...._......O.g.i9rddO.._........._..._ for the
lmoderation of
vl
Other valuable,._ccnsiderrlti.On..And...TEN...AND..NO/100............... .Doll.n, t -
`0 In hand paid,hereby aell(a)and mnvey(a)to JOHN LEE ALLES, JAMES GEORGE ALLES AND c_ t s_ta '
. � HAROLD GENE ALLES, as tenants in common - e
whose street address ia_...__.._.._........__._....__........_.......City or Town of .. -. • .+-
a County of and the State of.............__..:.............................._.._..the
I ea
e, following real property in the County of...._ lee)d and State of Colorado, _
I. 0_
to-wit: The South Half of the Northeast Quarter (Sl1NE4) of Sec. 27, i -- a ,-- -
Township 5 North, Range 65 West of the 6th P.M., except _ _
that certain parcel lying South and East of the center ( _ _
rr line of the Union Ditch as conveyed in Deed recorded in ; _-
I.. Book 638 at Reception No. 1560178; but together with ane
. _1 including that certain parcel in the North Half of the
`''+ Southeast Quarter (N SE4) of said Sec. 27 lying North and
West of the center/Ofn(•,he said Union Ditch as conveyed in
Deed recorded in Book 638 at Reception No. 1560177 all f
Weld County Records; together with A shares of capital
stock in the Union Ditch Company and 2 shares of capital
stock-in the Union Reservoir Company, 1 irrigation well, -
pump and motor, an older 1080 square foot frame dwelling, , •
and several older frame sheds and buildings �,--
•
•
with an Its appurtenances end wamrt(a)the title to the same,'subject m.._the...1976_taxea.._payable
•
in 1977: Grantors reserve the crop which will be harvested in 1276._.
•
Mined this. 28tT„__......._..-_:_..__day of_.... . April A.D.I936...
In the Presents of ,U �.driagate
Mart a Alles - •
.
t p•M. "'•• STATUTORY ACKNOWLEDGMENT
n~ . %o••'• ••...h',\ STATE OF COLORADO, ' •
I.
Weld N.
.e i.0Tii Mk%-'•=: County of_..__...._-'—'--•--'---
'o"o'e- i • '- The foregoing Instrument MI•ckrtewkdted before me this ( .- -
+ : AonOe. o -_-. . _._E. 2.6tbinyof__....._..A�,Opril.._._.__._.e-_.192§..., - -
y''- ;'O John/At•les and Martha Arles
Cr [t l r` Witness my hand and official pest • - •
My commission expircs_._._Octcbe ..5, 191.6 I .
-�:e� 4-< _ • 851008
,. Np• Public
M.abp M•r.W M1, __ ..--____ __.._..______—Mantes _ — _
row.MAW,ax axv.•.n w ot[a--.,.,NOa,,as.,N•••••••••••••••nes...—.Kt a.. ••.C‘ ea........ Inn
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gpt7ie rwndeaa ark � . x, its �....... ....
-- 860 Rrceruan \a...11 81,672__ ,.__.-'__ XJI • —a:'Tarr -
'fI ad DEED, Me for 7th dere. •Tanuary IIIKORDWSSTAMP le e
rd ', het.... Ce
JA,IFf.1 1E01;E ALLES, HAROLD IENE 4LLfs and ,
__ �' S0i!,1 LEE %LIES Star Documentary FM
. FE81 1 3 1979 I., t .. . _
__ Dd. ,,e •
4 Weld s :' '•'—' '
d the Own of and surd I , '• j Colorado,of the net part,and -
• 4 -- , JOHN'LEE aLLI-.3 and LORRAIIIE F. ALLES, as i y+- IG .. _
Joint Tenants ' _ is
• '4'Otl t✓,eld County Rd. 41, LaSalle +a•- it pane
. .
oak, - Carnet!at Weld w Bap d Colorado,of the second n pa : - '
-, _ - -- - - WITNESSES-itWITNESSES-itthat the said d d parties the first part a ter and conalderauon of the soma of D t h e , _n
Mr.- van-uable consideration and TEN and 70/1u1 DOhs tee I' ' r -
to Limp set pan i e 9 of the first part a t the receipt whereo!is hand paid by the said parties of the woad par I --_.`
_ hereby mafeseed and acknowledged,ha ye granted.bargained.sold end amend,and by these preeesa de _ "•- —
rent,bargain.sell,convey and confirm unto the said parties el the emend pert their heirs and assigns fonver.�ot i
vt1''• "4'
4.
. _. in shancy a ma nn bet in joint tenancy.all Lie followlog deerrthad lot a parcel of lead,situate, lying ad ! �r .Y .-
Ming a the• Caaett ef Weld Lid sate of Galas o.a wit:The. S o}1'\ ` .47 , -
Nalt' 3l ") of the Northeast Quarter (NE1/4) of Section Twenty-seven P _ --
,_, Thwnshto Rive (5) North Range Sixty-five (G5) West of cite 'th P.M EXC, A. •
r • t,t-t certain parcel lying South and East of the centerline or thrPt Mimi] 7.71:—.:4•- . _-
as conveyed in Deed recorded to Book 538 at Reception No. 15G017u; EX" _ _
ri:•^.t or way easement recorded in Pooh 155, nacc,454: RYrFPT a ntr1n o Land- r;
gfls q .,nnve•ted by peed recorded in Book . 4 oae.e i N.fld Colin''f ecordp ' A..D
...IL-. 1 reservations as contained in Patent recorr)sd n Rook 'l, ,-'e •.el..
"ounty !:ecorla • BUT TOGETHER WITH and including that certain oarcel in the g.
North Half (t11S2) of the Southeast Quarter (CE1/4) of section 27 loin `lot Wi
and West of the centerline of the said Union Ditch as conveyed in Deed re-
c ide' in Book 3- at Retention No 1510177, Old county Records. Torre her —+-
ii-h 1 shares of capital stock in the Linton Ditch onnan•r; and togethe wit.'
al stares in rn r •- d stock
w lshari nenuinnert vusen ror a irriga ion together
t and. . -=-
•capital in 'UF wit
TT; ! E
;!rt1 P-CLARED THAT THY annY; PROPERTY IS CONVEYED IN JOINT TE•l1:Nr•Y . .._
{ TOGETHR with all and singular the hereditament and appurtenances thereat* belonging, or in anywise I rte_
appertaining, the reversion and reversions, remainder and remainders.rat,lasses and profits thereof:and all the -
�,; estate, right said title, interest, claim and demand whatsoever of the d pan ies of the tint part,sitar in law or I fir'
e, natty,of,in and to the above bargained premises,with the hereditemente and appurtenances.
appurtenances.
HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said - . _
. ' parties of the second part their heirs and assigns teener.And the and pan lee of the first part,for them j ,..Y+
V yes,the—Um executors,and administrators do covenant grant,bargain and agree to and with the I 'fi"• _.
---
ea4 pastas a the second part,their heirs and assigns,that at the time Of the<wling and delivery of theme pan- Ii v_•
: ..
- "i. . mate the? arewel seized of Lie premises above conveyed, se d god. sure, perfect absolute ed indefeasible i -. . _ "
--A-t nag of ahenaon,in low,a fee simple,and hate good right fall power and awful authority to grant bar- I _ - _
,t gab,sell and cam the damn in manner and form aforesaid,and that re the same a free and clear from au former _
• and niter grants_bargain, sales. lions• taxes. a'easm ud ant and encumbrances of whatever M or nature sonar, I,
a subject to current taxes and matters of record, I —e.= ----_
__ and the above bereaved premises be the quiet sad peaceable possession of the said parties of the second pert their j • -..
airs and oat ail ad every person or perams lawfully daubed or to claim the whoa or any pan thereof. "c: •.
+rid
_ 'i! • , the said part la,
ins of the first pert Mate end will WARRANT AND FOREVER DEFEND.
' 4. IN WITNESS WHEREOF Des said art lea d the first part have hereunto estthe i lads and `
Ac •
'y seal b the day and year fist above wrleWe. —- -
"_- Signed,Sealed end Delivered a the Presence of •._(.• .. .9EAI.) I' _ —.
t
i �) ^SOD j'
q STATE OF COLORADO. l ' a O d in —
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RICHARD D. LAMM Ln v Q JERIS A. DANIELSON
Governor State Engineer
♦ ,mss
/876
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
June 5, 1985
Mr. Chuck Cunliffe
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Alles Recorded Exemption
Sec. 27, TSN, R65W
Dear Mr. Cunliffe:
We have reviewed the above referenced proposal to separate 2.7 acres with
an existing well (No. 73336) from a 86.3-acre tract. We have no objection to
this proposal if the above referenced well is the source of water for the
smaller lot. The availability of a well on the remaining 83.7 acres will be
the same as any tract over 35 acres. The Central Weld County Water District
has also indicated a willingness to serve this property.
Sincerely,
Iyo Hal D. Simpson, P.E.
Assistant State Engineer
HDS/JRH:ma/4868H
cc: Jim Clark, Div. Eng.
Steve Lautenschlager
D ' -e-115L I[I/5-4
,!UN r 1985
Weld Co. Planning I:uIuuIssIah
851008
mEmoRAnDum
Department of Planning _ Data April 29, 1985
To
COLORADO From Millie Turner, Environmental Health /(47-1
John & Lorraine Alles Recorded Exemption
Subject:
John and Lorraine Alles propose to subdivide 2.5 to 3 acres from
their property at 25573 WCR #45, in the E2 of Section 27, Township
5 North, Range 65 West. The soils in that location are generally
suitable for the installation of individual septic systems.
The applicant will be required to apply for an I.S.D.S. permit and
install a system according to Weld County Regulations.
cc: Wheeler Realty, Brad Clarkson
851009
CENTRAL WELD COUNTY WATER DISTRICT
April 30, 1985
John Lee & Lorraine P. Alles
24708 Weld Co. Rd. 41
LaSalle, CO 80645
RE : Water Service
Dear Mr. & Mrs. Alles:
This letter is in response to your request for water service
to serve the following described property :
Sz NE1 Sec 27, T5N, R65W of the 6th P.M. , except cer par lying S.
and E. of ctr In of Union Ditch as conveyed in Deed recorded in
Book 638 Rec. No. 1560178; together with and incl cer par in N'1
SEA of Sec 27 lying N. and W. of ctr In of Union Ditch as conveyed
in Deed rec in Book 638 Rec No. 1560177 all Weld County Record;
Water service can be made available to the above
described property provided all requirements of the District
are satisfied , including easements where required for District
facilities .
Central Weld County Water District requires that contracts
be consumated within one ( 1 ) year from the date of this
letter , or this letter shall become null and void unless
extended in writing by the District .
Very truly yours ,
CENTRAL WELD COUNTY WATER DISTRICT
Lssce�y' i tc �_.
Lorene G. Hirsch
Office Manager
LGH/wmg
851008
2235 2nd Avenue • Greeley,Colorado 80631 • (309)352-1284 • Dale D.Olhauaen,Secretary-Manager
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