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Home My WebLink About880859.tiff • AR2153352 N O U RESOLUTION � o v RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 346 - FRED O. GIBBS , O 3 JOHN D. PEARSON AND FRED F. STULL a z WHEREAS , the Board of County Commissioners of Weld County, crw • Colorado, pursuant to Colorado statute and the Weld County Home o Rule Charter, is vested with the authority of administering the to w affairs of Weld County, Colorado, and .: w WHEREAS , the Board of County Commissioners has reviewed the request of Fred O. Gibbs, John D. Pearson and Fred F. Stull for an a exemption from the definitions of "subdivision" and "subdivided cowj land" in Section 30-28-101 (10) (d) , CRS, as amended, and Section • O 2-1 A. (3) of the Weld County Subdivision Regulations , and oz H WHEREAS, this Subdivision Exemption request from Fred O. o A Gibbs , John D. Pearson and Fred F. Stull is to remove an 11 . 98 CO w acre parcel, more or less , from a 139 acre parcel, and N °0W WHEREAS, said land is located in the NEI , Section 30 , el 44 Township 7 North, Range 66 West of the 6th P.M. , Weld County, ri z Colorado, being more particularly described as follows: N a O a CREATED PARCEL U a Part of the NEB of Section 30 , Township 7 NLO North, Range 66 West of the 6th P.M. , WELD a m COUNTY, COLORADO, being more particularly r' described as follows: PQ [L. Beginning at the E} Corner of said Section 30 and considering the East line of said Section 30 as bearing North 02°57 ' 44" East, with all other bearings contained herein relative thereto. Thence North 02°57 ' 44" East, along the East line of said Section 30 , a distance of 448 . 68 feet; Thence North 25° 15 ' 42" West 54 .28 feet; Thence North 42°02 ' 39" West 394 .39 feet; Thence South 62°52 ' 19" West 579. 51 feet; Thence South 02°05 '52" West 443 . 66 feet; Thence South 55°03 ' 25" West 133 . 63 feet to a point on the South line of the NEI of said Section 30 , Thence South 89°37 ' 40" East along the South line of the NEI of said Section 30 , 905 .89 feet to the POINT OF BEGINNING. Contains 11 . 988 acres, more or less. t . �' 2 2 .41, / -- hr ' - 880859 Page 2 RE: SE #346 - GIBBS, PEARSON, AND STULL NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described N o parcels be, and hereby are , declared to be exempt from the o definitions of "subdivision" and "subdivided land" as set forth in ;p Section 30-28-101 (10) , CRS, as amended, and Section 2-1 A. (3) of V the Weld County Subdivision Regulations. w The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of o m August, A.D. , 1988 . LieuBOARD OF COUNTY COMMISSIONERS ATTEST: WE OUNTY, COLORADO Ln Weld County and Recorder ni and Clerk(. 'Placard.'. ene R. Brantner, Chairman m u Y: �� C.W. irby" , Pr em z Deputy C ClerkH \\ ccooE APPROVED AS TO FORM: aique ti. o.n •on o c N '.7 I a co 1.4 n z County AttorneyZ �`-'., IC4 Frank 'Vamag°uchi 0 >1 P a � NN 0 0 N CO rl 0 m W 880859 CI) Sez, 2 E-1 i o O ADMINISTRATIVE REVIEW FLOW SHEET • .... APPLICANTi. �T/LG// • • • . ' _ ' . . - t ei�� REQUEST: J./7-LC 6 3 LEGAL: -J. Are LOCATION: E • • Date • By Application received P-0 3_fig I Application complete a�_2� I . Letter to applicant drafted W ¢O. _S2d-°. Referrals listed /J/k aD. ;FS' I File assembled I Letter to applicant mailed - Referrals nailed Chaindexed I - --. DPS recommendation drafted 5''a3' I S2a'• .e/�ms Administrative Review decision: I History card completed I COMMISSIONERS' HEARING DATE: GAOaye ogr Date By Air photo and maps prepared Field check by DPS staff C, a Y-8T I CC Action: (yam ptnK�o6 �Fy-aAi-PP CC resolution_ `7 received -/ ' 1 q�c History card completed 7lq'�f9 1 ,4/ Recorded on maps and/or filed BACKUP FOR THIS SUBDIVISION EXEMPTION IS FILED AND FILMED WITH RE #1100. //Y" 880859 APPLICATION FOR SUBDIVISION EKE"SPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th Street , Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SF -344,, APPL. FEE lgp ZONING DISTRICT RECEIPT NO. 1122.,$ DATE 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 exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 9-3 of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. 'I General legal description of total involved parcel(s) See 41Iackec/ Section 30 T 7 N, R 6e, W Has this property been divided from or had divided from it any other property since August 30, 1972? Yes /yyC No FEE OWNERS OF PROPERTY: Name: Fired fl .5.11(4, /l gobv� Address: £RJOn, (O ,Phonen Name: Address: Phone Name: Address: Phone Total acreage of the �^C/ total property involved: //. 9 a 6 4- Existing land use of the total property involved : fir 9 t't fi Existing land use of the �? adjacent properties: North: WzrWl1&veL South: �tpr kited_ East: ra,V" wi West: Far IM iQlnd 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. STATE OF COLORADO ) COUNTY OF WELD ) !' Sign ur : 0 er or Authorized Agent Subscribed and sworn to before me this /3tkday of ( ,L , 19.9} SEAL Notary Pu 11. ge-2-u 2 / /99/ Ny Coa ion expires : P 0559 a . bruce JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 August 15, 1988 Lanell Swanson Department of Planning Centennial Building Greeley, CO 8O631 Dear Lanell: Attached is an Application for a Subdivision Exemption and a check in the amount of $15O.OO for said fee which is to be considered, together with the application for Recorded Exemption (RE) dated June 15, 1988 on the property owned by Fred O. Gibbs and John D. Pearson, located in Section 3O, Township 7 North, Range 66 West. The Subdivision Exemption property is also located in Section 3O, Township 7 North, Range 66 West and is currently owned by Fred F . Stall ( see attached deed) . The purpose of this request is to clean up and formalize the " illegal" split of farmland into "two parcels" as described in the Weld County Subdivision Regulations . This split occurred in the early 197O' s but after August of 1972 . Many sales occurred between then and the purchase by the present owners in 198O for the "subdivision" land, and in 1976 for the "RE" land. Since 1977, Weld County has granted two building permits (one in 1978 and one in 1981) , and an electrical permit in 198O for the "sub- division property" . All of the foregoing was accomplished since the denial of the split by the Board of County Commissioners on April 2 , 1975 . It is therefore our point of view that the County has implied a change in the "legal" status of the "subdivision" land. The benefit of this request is: a) Primarily tc clean up an unclear intent as to whether the County views the split as illegal or not; b) Formalize the parcel for the benefit of the County as well as the present and future property owners ; c) The present owners were not aware of the "illegal" lot because there was no notification and the title policy issued shows no problem; d) This is also necessary to clean up the other parcel ( "RE" ) so that it becomes a " legal lot" . Both of the present property owners have owned the property for some time (8 & 12 years, respectively) . Colorado-Nebraska • Farm & Ranch • Water 68085 Appraisals • Sales • Exchanges • Minerals • Consulting CU�'��'1l GG33 Lanell Swanson Page Two August 15, 1988 The legal description attached to the Application is the "before" and "after" legal description used on all of the transfers since 1973 . The legal of the "RE" parcel is included in the Recorded Exemption package referred to in the first paragraph of this letter. In 1976 there were two property line corrections made on the "RE" property. This joint approval would clean those up into one parcel as it is intended and is currently operated . I appreciate very much your assistance and cooperation in this matter, and I believe it will be mutually beneficial . If you have any questions or need any further information, please con- tact me . Also , please send all correspondence regarding this matter to me . Thank you. /�Sin�cerrely, - A. Bruce nson ABJ/sc Attachments 880859 Sec4;o h _ o , Taff, J Nor-ik , o 64A'es4 1� P_ 7g Proposed- 0i f 4 A //S± Acre c. rrcpe5Qd kE Gaoct 111opcse Get Pro P ca eel Saddiv;s:•'h Lnhd Rorosed �r�� -f Ile ca r ,�l 988 Aire nty Lip e_ S ynit. 6ase w�en 1 o r k:ad 880859 I - MM 6 1978 a .f 3 Idea $ tN 824 yap*. We 27461 seaar at•t eamTM it.ds. 4o gibs Paths Nd.Ma 2nd the d Mardi le r 1 lee d.er Led r tee d aW Send an Seventy EighEres= REMETH G. OTTO, JR. AND ti DEBCPAH 0770, husband and rife 1 i a d MnCity of Greeley Cry d Meld .W :We el Cises d Si Br Peet W o • r- FRED F. STDLL b e n, :Cr: .moo el the Ceeaer d Meld . W lee. d CaNs m el die awed pen n WRNtSS[TH.Taw the Wiwi parries flew Bret we,ler W Y...ended.el Si r d • ri good and valuable consideration and tan DOLLARS. go dill aid modes el the bet pen is head lid bp M Ned panic d r eon let the male Wesel Y • Wear coetweed we Woomera r ve owed.Weds*Wail sod wawa W by new ewes..Ile • ea berWa. set convey and umbra r Si eel patY d W awl put his Mw sad ate r r Srsva.W the WSwarr deserted w a wed d Sri, Oka bend sad Wet le the Cetwy d WS g. . as Sate of Cs_end.,rwa: Part of the Northeast Quarter (NE1/4) of Section 30, Township w o 7 North, Range 66 West of the 6th P.N., County of Meld, State of Colorado, being o o more particularly described as follows. o to Beginning at the East Quarter corner (EL/4Cor) of said Section 30 and considering the East line of said Section 30 as bearing North 82°57'M• East, with all other wo ap\S¶ bearings contained herein relative thereto; MP thence North 02°57'44" East, along the East line of said Section 30, • distance a_ 1 of 448.68 feet; thence North 25°19'42" West, 54.28 feet; 0 thence North 42°02'39" West, 394.39 feet; r. A thence South 62°52'19" West, 579.51 feet; V' thence South 02°05'52• West, 443.66 feet; thence South 55°05'25" West, 133.63 feet to a point on the South line of the Northeast Quartgr (NE1/4) of said Section 30. thence South 89 37'40" East along the South line of the Northeast Quarter (ME1/4) . of said Section 30, 906.89 feet to the Point of Beginning. including a strip of ground 30 feet in width along the East line of said Section 30, and the South line of the Northeast Quarter (NE1/4) of said Section 30, reserved for County Rood right of way purposes. • TOGETHER wS► st ad de ar the heredksate sod area M..ae MUnaim•er le fl- ees appe aia•sad the reverent sad re.enior, nrfdr lad mesa d a rem.Sere W rase teed:is ea the estate.right twit lain,...chue sod and wbeterer d Si aid penile dilate pert ale be or ay at F •__ t., the abort bargained pa-e.,with Si MMaseate W Newsman TO HAVE AND TO HOLD the said ahem above Warrd ad exceed nth ananeers r the aid yen y d the sad pat his bon ad edge keen. And Si w4 Parties Al Si La Pent Mr theilArt awn sod sdsYawsen.de cant at Weil W ear • r is with the we pry olds lens pet his Sit ed Wen do a Si S.die aa• • sag is aelIvar d thee praeate an N .id d Si Parsee ehae to ast r d an Mess lest Madan ad Sds:ndbls as d S1t,ter S he Y So dna W hd'e end right IS pen W Sea aetsorb to gnat sp*el and any the ar S mar tad lea Jeaela r4 Mat Si er en s and der Ss all lase ad nth. gent MryaS.. islet let mss,weer-.sad Ssa antes d abauss Ida or alas most except any recorded reservations, restrictions, covenants, conditions, easements and rights of way; and 1978 General Taxes, payable in 1979; which the party of the second part assumes and agrees to pay sod S. above peas it the even and pea rewSe d the mY any et Si .care that his hdn sad wean.purr W W envy par a parr 'avian SS's err to eMM dm as or sop Paw Seale the aH pen lea of Si Ent pan abet sod we WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF,The said Pan in ado Sw Pan be Ye haven.an their bed ad ce1 the day sd yet Ent shore rues. Sled,Saw sad?are le dm Pea....a Q_ newer a Fa. - erygt G. ter . ____ - __I__ Don;utWadurl _ R fl!✓!ir h O______WZW Dale--------MAR--1 1978 Deborah Otto. wife --s gale' C.117� g ——.._.__..--- --..--._..__(ERs I`G k O ao.}. TM laydy Wens we eM.SMad Met r We Vie__y d a no: tS Y Lch._ mat br �pptth G. Otto. Jr. and f �:�l%tat-ry.• Deborah Otto, husband and wile Slag ;~• i,p4t sa.h. r wrnma bq n Ot7L INB _ t4L4.s,.• Q Merry lag 890959 WARRANTY DEED SCHEDULE A Oroer Nc 19953 Policy No.: 333981 Date of Policy: March 7, 1978 at 7:45 A.M. Amount of Insurance: S 61 ,000.00 1. Name of Insured: FRED F. STULL 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: THE INSURED 4. The land referred to in this policy is described as follows: Part of the Northeast Quarter (NE1/4) of Section 30, Township 7 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows : Beoinnino at the East Quarter corner (E1/4 Cor) of said Section 30 and considering the East line of said Section 30 as bearing North 02°57 '44" East, with all other bearings contained herein relative thereto; thence North 02°57' 44" East, along the East line of said Section 30, a distance of 448. 68 feet; thence North 25°19'42" West, 54.28 feet; thence North 42°02' 39" West, 394.39 feet; thence South 62°52' 19" West, 579. 51 feet; thence South 02°05'52" West, 443.66 feet; thence South 55°05' 25" West, 133. 63 feet to a point on the South line of the Northeast Quarter (NE1/4) of said Section 30. thence South 89°37' 40" East along the South line of the Northeast Quarter (NEl/4) of said Section 30, 905.89 feet to the Point of Beginning, including a strip of ground 30 feet in width along the East line -of said Section 30, and the South line of the Northeast Quarter (NEl/4) of said Section 30, reserved for County Road right of way purposes. Authorized Countersignature Paget STENV.1ler TI'T'LE GUARANTY COMPANI" 380659 Hello