HomeMy WebLinkAbout870822.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1029 - HARRY AND VIVIAN
BROGDON
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 Hoard ,
that a certain parcel of land, to be divided into two parcels, as
shown on the plat known as Recorded Exemption No. 1029 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 1029 was
submitted by Harry and Vivian Brogdon for property which is
described as Lot A of Recorded Exemption No. 452 and being part of
Section 36 , Township 4 North, Range 68 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 19 acres and 9 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 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 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; and 2) A Weld County Septic
permit is required for the proposed septic system and the septic
system shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
870822
Page 2
RE: RE 1029 - BROGDON
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
July, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY QLORADO
Weld County C rk and Recorder ,,��, - (AYE)
and Clerk to the Board Gord6� acirman
�� Le
l�irb �/P (AYE)
BY: C. Kirb , Pro- em
Deputy County Cl rk
(AYE)
APPROVED AS TO FORM: ene R. Br ner
(NAY)
c e Joh
4 ,County Attorney (AYE)
Frank Yamaguchi
870822
DEPARI...cNT OF PLANNING SERVICES
( (1 PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY, COLORADO 80631
COLORADO
July 22, 1987
Board of County Commissioners
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #1029
Dear Commissioners:
This request for a Recorded Exemption is submitted by Harry and Vivian
Brogdon. The parcel of land on which this request is being made is
described as Lot A of RE-452 and being part of Section 36, T4N, R68W of the
6th P.M. , Weld County, Colorado. The property is located approximately 2
miles northeast of Mead. The parcel of land under consideration is the
total contiguous land owned by the applicant.
The request is to divide the 28 acre parcel into parcels of 19 acres and 9
acres, more or less. In 1980, a recorded exemption was approved on a 77
acre tract which created a 49 acre tract and the 28 acre tract which is
being considered. The 28 acre tract has a residence located on it. This
request is to further divide the 28 acre tract into a 19 acre parcel with
the existing dwelling and a 9 acre parcel. The applicants have a buyer who
wishes to construct a dwelling on the remaining 9 acre parcel.
The Department of Planning Services' staff has concerns about the level of
development and the potential for continued divisions of the subject parcel
and of property within this area. Four recorded exemptions have been
approved within adjacent Section 2, T3N, R68W since 1972. The adjacent
section 31, T4N, R67W had one recorded exemption approved in 1985. If
approved, this recorded exemption will total three in this half section
since 1980. It is the opinion of the Department of Planning Services' Staff
that sufficient justification may not have been given to warrant exempting
an additional lot at this time. In the vicinity, development is reaching a
level where continued division of parcels may evade the intent of the Weld
County Subdivision Regulations.
8'70822
Board of County Commissioners
July 22, 1987
Page 2
The Agricultural Zone district was established to maintain and promote
agriculture as an essential feature of Weld County. It is intended to
provide areas for the conduct of agricultural activities without the
interference and encroachment of more intensive land uses. The approval of
this request will allow for the potential of an additional residence not
presently allowed under the existing land-use regulations. Increased
residential development in rural areas, at some point in time, requires an
increase of public services, additional demands or expenditures for road
maintenance, police protection, fire protection, and educational services.
Evenutally rural residential development reaches a level where it begins to
interfere with and encroach upon the agricultural activities.
The staff requests that the Board of County Commissioners consider the
application and determine if the standards of Section 9-2 E. (1) (a) through
(m) have been met.
Respectfully submitted,
/1Q.r.Gtf 4
Lanell J. Swanson
Current Planner
LJS:rjg
870822
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Harry and Vivian Brogdon Case No: RE-1029
Legal Description: Part of the SE} of Section 36, T4N, R68W of the 6th
P.M. , Weld County, Colorado
Larger Lot Size: 19 acres, ± Small Lot Size: 9 acres, ±
Criteria Check List
Meets Criteria
Yes No
X I . Consistent with the intent of the zone district.
X 2. Compatible with the existing surrounding land uses.
X 3. Compatible with the future development of the
surrounding area.
X 4. Complies with Overlay District Regulations.
X 5. Complies with minimum lot size requirement.
X 6. Complies with the Weld County Comprehensive Plan.
7. Consistent with efficient and orderly development.
Z: 8. Lots accessible from an existing public road.
X 9. Adequate water supply.
X 10. Adequate sewage disposal in compliance with
requirements of the Weld County Health Department .
X 11 . Lots are not part of a recorded exemption approved
within less than five (5) years previous, are not
part of a subdivision, or are not part of a Minor
Subdivision.
12. Does not evade the Weld County Subdivision
Regulations requirements and Statement of Purposes.
670822
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and Published by ibP rPOI001GI StirvPv O!`AI C I 'II/WI
FIELD CHECK
FILING NUMBER:RE-1029 DATE OF INSPECTION: July 15, 1987
NAME: Harry H. and Vivian M. Brogdon
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Lot A of RE-457; Part of the SE} of Section 36, T4N,
R68W of the 6th P.M. , Weld County, Colorado.
LOCATION: The northwest corner of Weld County Road 13 and Weld County Road
38.
LAND USE: N One residence; cornfield
E Weld County Road 13; cornfield
S Weld County Road 38; natural vegetation
W Cornfield
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access to both parcels is from Weld County Road 13, which is a paved road.
Weld County Road 38 is a gravel road.
This parcel does not appear to be productive for crop farming as the terrain
slopes sharply to the south and is seep land and a natural drainage area.
There is currently a residence on the larger parcel. There is one other
residence on the southeast corner of Weld County Roads 38 and 13.
By 11 Ll!
an 11 J. son
Current P1 ner
870822
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT�^ USE ONLY: APPL. FEE ���
CASE NO. R C -/ma9 RECORDING FEE
ZONING DISTRICT Air ;.0 I+ Yurad RECEIPT NO. h(i,3`!
DATE J ILI,A'1 e 9 1997 APPL. CHECKED BY 6
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: of t`.e SE* of Section36 , Tn part n meh.i 4
North , Ranre 68 "Jest of the 6th P .M. ,
Weld County, Colorado
Lot A
TOTAL ACREAGE: 9 Hero - (more ow i-99"') a l en. .rrr 28 acres
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes Yes No
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes yes No
FEE OWNERS OF PROPERTY:
Name: Harry H. Brogdon an Vivian M. Brogdon
Address: 18115 W .C .R. 13 Johnstown, Co 80534 Phone: 535-4268
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Thompson Smaller Parcel Thompson
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic
Dwelling & Dwelling &
PROPOSED USE: Larger Parcel Pasture Smaller Parcel Pasture
• ACREAGE: Larger Parcel 19 acres Smaller Parcel q acres
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) No
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. G'' 40
print,
OF WELD ) " L,J�� ^� " �rL,,�, ,
STATE OF COLORADO ) Ga.u.c• • 71i fj�/Lo—gGCt��/
Signature: Owner or Authorizedagent
Subsc re me this (d day of hn , 19
irn_r8) 1987
Weld Co. Planning Cammiffiiea Notary Public I I
My Commission Expires ' — �C - ("I
870822
June 7, 1987
WELD COUNTY D2PA TMi;NP OF PLAN PLANYI1 SERVICES
915 10TH STREET
Greeley, Colorado ' 0631
Re: Application for Recorded Exemption
This letter is in response to your application for
Recorded Exemption.
The owners of the 2' acres wishes to divide the property
because of their inability to care for the land due to
health reasons . The new owners intend to build a low
home and graze a few horses.
Presently the property is being used as pasture . Except
for one dwellinc' an:' a barn, the use will remain the
same after dividing.
The closest HousinM Development is 3 miles away an will
have no effect on the exemption of this property. Or
this pr. perty on any Development .
The proo �e1 sewage disposal method will be a Septic
tank and Leach field built to the counter standards for
square footage of dwellin?.
The proposed water meto Is will be throug4! the Little
Tho:-pso-i ?'ater District . There is a letter attached.
To the best of our knowledge, as per previous Recorded
Exemptio- , the property is not located in a flood plain,
geological haz r , or in a Weld. County Airoort overlay
district .
Easements and/or Exen:ptio c ..re on the attached larranty
Deed.
If there is any way e can. be of service to you please
feel free to contact The Brogdons 535-4268 or The Gunters
678-5414.
Than r. You
lid ,{� � —
arrG� I./B~ro<Tt�r Samuel N. Gunter
46:4-0 .17 %Lit I •
ivian M. Brogdon S4mmera t. run er
Owners Buyers
870822
•
LITTLE fHOMPSON WATER DISTRICT
DIRECTORS. Telephone 532-2096
Carey J Salomonson. 307 Welch Avenue
Presided Drawer G
Charles Allen Berthoud,Colorado 80513
Leo Bakal
Keith Croonquisl
Tom Reynolds
E.Thomas Ricord
Dean Anderson n o
MANAGER: June 5, 1987
John M.Gruner
Mr. and Mrs . Sam Gunter
5767 Weld County Road 26
Longmont, Colorado 80501
Re: Request for Service.
Dear Mr. and Mrs . Gunter;
This letter is in response to your request that the Little Thompson
Water District commit to serve an additional residence with domestic
water service via a standard 5/8" x 3/4" residential water tap.
The property in question is described as being in the SE4 of Section
36, Township 4 North, Range 68 West of the 6th Principal Meridian, in
Weld County, Colorado. Further, this property is bounded on the south
by Weld County Road 38, and on the east by Weld County Road 13 .
The District does have a 6" water line along the north side of Weld
County Road 38 , and a 4" water line along the west side of Weld County
Road 13 in the above described location. Both of these lines have add-
itional uncommitted capacity available sufficient to supply an addition-
al residence at this time. Therefore, the District will commit to serve
this proposed residence via a standard reidential water tap. For your
information, the current fee for a 5/8" x 3/4" water tap is $3000 . 00 ,
and is subject to change without notice.
In talking with Mrs , Gunter on the telephone, she mentioned that the
house is planned to be several hundred feet from the road. I advised
her that it would be to your benefit to run a 2" service line from the
meter to the house to avoid substantial friction loss and to provide
you with satisfactory service . To avoid any confusion, I recommended
that you use 2" Class 200 Ring-Tite PVC Pipe. The cost difference bet-
ween 1 " and 2" pipe is minimal, and the advantge of using 2" pipe is
that it is a rubber gasket type joint pipe, while the smaller diameter
pipe is glue-joint type. The rubber gasket type of joints allow the
pipe to expand and contract as the temperature changes, the result being
less maintenance over the years .
This committment will expire one year from the date of this letter if
a tap has not been purchased and installed by that date. All tap committ-
ments are made subject to the Rules and Regulations of the District.
If you have any questions , or should you need additional information,
pleaes contact our office.
e.. e- .a
BarryY/-D ke 870822
Operktiggh pervisor
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870822
Y� B�K Reception No. 1839081,____ 1,� "w Recorder. /
917 n OCT 1 615
Oa
6P ri
Recorded at -- —o'clock_ M., _ _.. . ____Weld_Countyi Coloracin
- -- -- - -- ('" RECORDER'S STAMP
THIS DEED, Made this 16th day of October
I 18,80 ,between VICKI BOOTH MILL Cr'.
Stole Documentary Fe i
CT OCT 1 6 1980 '' $
Dae
O of the County of Larimer and State of S
i s 0O •
Colorado,of the first part,and
HARRY H. BROGDON and VIVIAN M. BROGDON o
• II
whose legal address is 18115 weld County Rd. 13
Johnstown, Colorado 80534 0
0
r- of the County of Weld and State of Colorado,of the second part: II cJ
o I WITNESSETH,that the said party of the first part,for and in consideration of the sum of---OTHER GOOD o
(Z ! AND VALUABLE CONSIDERATION AND TEN AND NO/100 DOLLARS:
c
o
to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby
I confessed and acknowledged,ha S granted,bargained,sold and conveyed,and by these presents do es j
--� grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in ; .
%.:-), tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and being in ,
i"1 the County of Weld and State of Colorado,to wit: Lot A of Recorded
Exemption No. 1061-36-4-RE457 being a part of the SE1 of Section 36, Township 4
0
orado consisting of 28.195 :
`'' North, Range 68 West of the 6th P.M. , Weld County, Col ,
acres more or less.
Reserving unto the present and all future fee owners of the N/ of Section 6, Town-4-
ship 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, a permanent
easement beginning at a point at the outlet of the Little Gem Reservoir and run-
I ning in a Southeasterly direction to a point near the Southeast corner of said
Lot A. Such easement shall allow the fee owner of the N11 of Section 6 to enter
0 Lot A for the purpose of performing,necessary repairs and maintenance on the I
underground pipeline which carries irrigation water from the Little Gem Reservoir
to to the N17 of Section 6.
S\ TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or ill
itei
Si
equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the i�j
said parties of the second part,their heirs and assigns forever. And the said party of the first part, for her l
sel f , her heirs,executors,and administrators do es covenant,grant,bargain and agree to and with the
said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these
presents well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible I
estate of inheritance,in law,in fee simple,and ha s good right,full power and lawful authority to grant,bargain,
sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
other grants,bargains,sales,liens,taxes,assessment and encumbrances of whatever kind or nature soever.
EXCEPT 1980 taxes due and payable in 1981; SUBJECT TO established easements and
rights of way for roads and ditches, pipe and utility lines; easement and right of
way of the Great Western Railway Company; mineral reservations of record; oil and
gasrleases of record; patented reservations; also burdens of existing improvement)
an�C�Fie abov6 bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
I the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part y of the first part ha s hereunto set her hand and
seal the day and year first above written. '
•'I Pj n-1/l 'l 1 lt. i SEAL
Signed,Sealed and Delivered in the Presence of l t(CAL( X l 1
Vicki Booth Mill
__ISEAL1
___(SEAL1
STATE OF COLORADO
ss.
_ _ . ..".Ccpnty of Weld 1
bERS�,/c•
• )Pgeforegotl+dafstryment was acknowledged before me this 16th day of October
/00byo,� AVIC UK�OVTH MILL
ti . R a
O t N et, S- 19 E I .Witness my hand and official seal.
CI: My commi\> on®tptires �\
PUBV / = 1 > Lb
• : cb /u, J. ... . ./ A't'l-t Its .., .
A'• Notay Public.1.�r�jf'OF1 c`�
No.921. WARRANTY DEED To Joint Tenant -1978 Bradford Publishing Co.,1846 Stout Street,Denver,Colorado(573.5011)_5-79
870822
(0t mtmoRAnDun m
ilk Weld County Planning June 19, 1987
To Date
COLORADO From Health Protection Services __
Case Number: RE-1O29 Name: Bro�gd�on^, Harry & vian
Subject:
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following condition:
1. Weld County Septic Permit is required for the proposed home
septic system and shall be installed according to the Weld
County Individual Sewage Disposal Regulations.
JUN 0 0 198
CA
870R??,
�" � Weld fn Maiming [Animism,
CONDITIONS OF APPROVAL
Applicant: Harry and Vivian Brogdon Case No: RE-1O29
Legal Description:- Part of the SE} of Section 36, T4N, R68W of the 6th
P.M. , Weld County, Colorado
Larger Lot Size: 19 acres, t Small Lot Size: 9 acres, t
A Weld County Septic permit is required for the proposed septic system and
its septic system shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
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 Department
of Planning Services.
870822
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