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HomeMy WebLinkAbout880823.tiff RESOLUTION RE: ACCEPT WITHDRAWAL CONCERNING RECORDED EXEMPTION #1103 - BOND 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, Jess and Irene Bond submitted a request for Recorded Exemption #1103 , and WHEREAS, after consideration, Jess and Irene Bond did withdraw said request for a Recorded Exemption, and WHEREAS, the Board deems it appropriate to accept said withdrawal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the withdrawal of Jess and Irene Bond for Recorded Exemption #1103 be, and hereby is , accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of July, A.D. , 1988 . 1a BOARD OF COUNTY COMMISSIONERS ATTEST: r WE COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. Bra tner, Chairman C. . Kirby, P •-Tem Deputy Coun Clerk APPROVED S TO FORM: Ja qu -l$ �� o' . on County Att rney Frank 1 amaguchi a / 880823 DEPARTh AT OF PLANNING SERVICES ll PHONE(303)356-4000 EXT.4400 610 10th STREET GREELEY,COLORADO 80631 C. COLORADO August 10, 1988 )1./c71 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Re: Recorded Exemption 1103 Dear Commissioners: This request for a recorded exemption is submitted by Jess and Irene Bond. The parcel of land on which this request is being made is described as part of the W} E} of Section 9, Township 5 North, Range 64 West of the 6th P.M. The property is located approximately two miles north of the Town of Kersey, on the north side of Weld County Road 388. The parcel under consideration is not the total contiguous land holdings of the applicant, but is a legal lot. The request is to divide the property into parcels of 41.87 acres and 1.97 acres, more or less. The applicants wish to sell the 1.97 acre parcel to a relative. The Town of Kersey and the Weld County Health Department have reviewed the application materials and have no objections to the request. The Department of Planning Services' staff has concerns whether sufficient reasons have been given by the applicant to warrant creating an additional lot at this time. The staff has concerns about the level of development and the potential for continued divisions occurring in this section. This section contains twenty-two legal lots, although none of these lots was created through the recorded exemption procedure. Fourteen of these lots access onto Weld County Road 388. The Weld County Engineering Department has expressed concern regarding the creation of an additional parcel that would access onto Weld County Road 388 and increase the demand on a road that is already heavily used. Development in this area is reaching a level where continued divisions may evade the intent and purpose of the Weld County Subdivision Regulations. As density increases, so do service demands. 880623 Board of County Commissioners RE-1103 Page 2 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, es Lanell J. Swanson Current Planner LJS:rjg 880823 1 - I �. \ `O '• t4 - 1• ie 5' 22 fa \}. .N L L III ••Le i .1 Q I a •J .. 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'6irw. ..( y.M Y t, R .in'^MV '4rkd ILI Uj .9 a .. ^l .i r'NV '� �,M ��ri (4 •A yp t • V t 10:1' , l a, w 60h ''.. ` ''fly Y" i5 ! f ) ^Os �.�1 1 \r IRv, {K7 e � Y ;�� h :� a ,x . }4 •4 3. 7 YYY""' """""""' y, Y �' 4 77"4' + 1. C 0' i 1{ t T. t # 11 i�_ i^:� rj q ♦ !• �fK' FI is ar< f ` i''F' .A�• '°eifi ..,H' �"^ i, : ' .,yL 1 YY . '"4 ennt 4 11. •, 4411 1..:4� b + x+9 Ilialli sOli. 41" • p ` " `s Yaws t � ��:, may. #► Et I1 'r,5 .P t •. a: "+A."N+' ,"�'r.`rr r .w.a`t�'�4 e^ Illiiii 'f - bY a y �y�:y�pjj,�.. t• • K. tit4 .`) . ,I, • ,,# ,., , 1, y ` f d t'yi'A, P • • 4 • a FIELD CHECK FILING NUMBER: RE-1103 DATE OF INSPECTION: July 6, 1988 NAME: Jess and Irene Bond REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the W} E} of Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: On the south side of Weld County Road 388; approximately one mile east of Highway 37 LAND USE: N Corn crops, oil and gas production E One residence, corn crops S Weld County Road 388, one residence, oil and gas production, river bottom W Two residences within .25 miles, pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property is currently in corn crops. A noncommercial junk yard, one residence, and several outbuildings also exist on the property. The north end of this property is substantially higher than the south end. r9 g _Le n&A if do 11 J. a son Current P1 ner 880823 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 "j7) -76;/(9(4 CASE NO. RECORDING FEE ZONING DISTRICT A ( . ) RECEIPT NO. n DATE G fl' 88 APPL. CHECKED BY 22- / 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: SEE ATTACHED TOTAL ACREAGE: t:917 "/3. ii Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes , No X FEE OWNERS OF PROPERTY: Name: Jess and Irene Bond 0 Address: 26421 wcr 388 Kersey, CO 80644 Phone: 353-1941 n z Name: if °o Address: Phone: o+o Name: • Address: Phone: L _ J purposed North Weld North Weld WATER SOURCE: Larger Parcel Water District smaller Parcel Water District Purposed Septic TYPE OF SEWER: Larger Parcel System Smaller Parcel Septic System PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Residence ACREAGE: Larger Parcel4'1.87 Smaller Parcel 1. 97 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 ) -cp / Signature: Owner or Authorized Agent Subscribed and sworn to before me this 5 7 day of Qu�,.,D , (SEAL) I/�� Notary Pubiis My Commission Expires ///G- 9/ 880S23 June 22, 1988 To Whom it May Concern: We would like to cut off Lot A from Lot B because it is an extra set of improvements that we do not need. It would reduce our farm loan and loan payment as well as cut some of our tax, insurance, and upkeep costs. The remaining ground would be farmed-same as in the past. The Lot to be cut off is not farm ground now. This proposal will not change anything from what it is presently. Lot A is presently supplied with water from North Weld Water Association. Lot B can be supplied by the same. Lot A presently has a septic system and Lot B could meet county health approval. Lots A and B are not in a flood plain or any problems for Weld County Airport. Approval of this recorded exemption would be greatly appreciated. Sincerely, Jess and Irene Bond 26421 wcr 388 Kersey, CO 80644 880823 • t Pee-ore/cc/ Ex emir/4n N , Tess ,iIrene Qene>l VA/ w 'R 3ft Kerstyrto% ro6yy , •.44 } Ni �` I fa-r/em ground tkt$7rhq acceSS Re4d re. f..•,, � I 30.3, I r►" - Jodi/flit the,/ , darnftiolfLA'.S i Seth lit dam;/y L1 dwellim, rirrw 860825 3 ikt/tl9At v; way .. r:. . t .a►nocOM •, ^ ERNEOT TgOES NORTH W� COUNTY WATER DISTRICT OES 'mom"T "` • ��" " HIGHWAY 8.0 LUCERNE.COLORADO 00040 GARY OM PSON 1 LYLE NELSON,MOR. 1, Jot w.M Mara , P.Q.SOX be • PHONE 360.3020 • ` June 24, 1988 . RE: Water Service ` Jess B?"I' Dear Sirs, Tbis letter is is response to your inquiry regarding water service to the following described property: a WISE* Sec 9-5-64 • • 3 • X water service is presently being provided to the above described property. 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North' Weld County Water District within one year from date of this letter, this letter shall become null +and void. Additional comments: • Sincerely, " NORTH WE L COUNT W TER DISTRICT Ly , D.. Nelson , Manager LDN/wb • • • • 880823 eat: 1'71'7328 -- (:JD Reception No Recorder. 11 Recorded at!f,-- o'clock (I iu AP n_.25...197.7 co / - I RECORDER'S STAMP DEED, Made this 22nd day of Larchij 19 77.between ARTHUR J. WOLFE and DCLORES V. WOLFE, O+ Husband and Wife State Documentary Foe E of the County of Weld and State of Date APR 2 5 1977 Colorado,of the first part,and $ . .--5-0 JESS L. BOND and IRENE G. BOND 26421 geld County Rd. 388 e Kersey, Colorado 8O6// of the county of ae d and State of Colorado, of the second part: WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of other e good and valuable consideration and TEN AND NO/100ths DOLLARS, 0 to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is r hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do O grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not O in tenancy in common but in joint tenancy, all the following described lot or parcel of land,situate, lying and being in the County of Weld and State of Colorado,to wit: L A tract of land in the W₹E - of Section 9, Township 5 North, Range 64 'Jest of the 6th P.K., more particularly described as follows : Beginning at a point on the O North—South centerline of raid Section 9, 2,652.87 feet South of the North 1/4 dc corner of said Section 9; thence East 329.96 feet; thence South 539.62 feet; c_ Thence S 63°14'35" E, a distance of 371.83 feet; thence N 00°20'37" E, a distance Dj/ of 1,242.10 feet; thence N S° 58'07" E, a distance of 320.55 feet, thence 0 8'-- N 00002'36" E, a distance of 1,086.8° feet more or less, to a point on the South right-of-way line of the Ogilvy Irrigation and Land Company right—of—way thence along said South right of way line, is 71023'06" W 337.10 feet; thence N 65°40' 00" 5i 140.00 feet; thence N 68°25'00" ':1, a distance of 583.00 feet to a point on the aforesaid North—South centerline of Section 9, thence along said North— South centerline, South 2,001.87 feet to the Point of Beginning. 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 part :tee of the first part, either in law or 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 said parties of the second part, their heirs and assigns forever. And the said part ies of the first part,for them sel yes , their heirs, executors, and administrators do 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 pres- ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law,in fee simple, and have good right, full power and lawful authority to grant, bar- gain, 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 for the 1977 taxes which are due and payable in January, 1978; and subject to all easements, restrictions and reservations of record, if any. and the above 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, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part ha ye hereunto set their hand S and seal S the day and year first above written. /j Signed,Sealed and Delivered in the Presence of LL!f. 4 fricAdfe, [SEAL] ArthurJ. ���//////'''nd / r� [SEAL] Dolores V. Wolfe, e ,j sciii SJ4TE 0�j[OLORADO -- (SEAL) ' In. ° y+ strument was acknowledged before me this 22nd day of ]'March lg.'Y.�� U'��� CRTHUR J. WOLFE and DOLORES V. WOLFE, Husband and Wife Cie nit My4 ..pm... expires Sept. 20 , 19 79. Witness my hand and Official se I. V Notary Public. No.921. WARRANTY DEED To Joint Tenant.. Bradford Publishing Co.,16:6.66 Stout Street,Denver.Colorado i 573-5011 i —4 76 • 880823 REFERRAL LIST APPLICANT: Jess and Irene Bond CASE NUMBER: RE-1103 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 7, 1988 NO SR NR NO SR NR County Attorney l/ X Weld County Health Dept. Engineering Department County Extension Agent Office of Emergency Mngmt Ed Harring X Town of Kersey P.O. Box 67 Kersey, CO 80644 _ State Highway Department P.O. Box 850 Greeley, CO 80632 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response 880823 mEMORAnDU WII!Ii To Weld County Planning Date_ __ 7/7/88 COLORADO From Health Protection Services 41%jjyyrz Case Number: RE - 1103 Name: Bond, Jess & Irene Subject:_ Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 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. 2. An ISDS Evaluation on the existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. JUL 1 4 1988 Li M%1t SR2.1 Weld Me Dleeeleu .:ummeenm. mEmORAnDUm To Lanell Swanson, Planning patpAugust P COLORADO From Drew Scheltinga, County Engineer_ Subject: Recorded Exemption, Bond We have reviewed the materials submitted and have concern with the creation of an additional parcel. In the one mile of Weld County Road 388 east of State Highway 37, there are approximately 9 sets of improvements and a total of 14 locations that are legal building sites. To create another parcel of land would continue the slow development along Road 388 that would increase the demand on a road that is already heavily used. DLS/mw:mlsreb xc: Commissioner Yamaguchi Planning Referral File - Bond 880823 DEPARTtvI_NT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET \ GREELEY, COLORADO 60631 l C� CASE NUMBER RE-1103 COLORADO June 30, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Jess and Irene Bond for a recorded exemption. The parcel of land is described as part of the W} E§ of Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Kersey. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 7, 1988, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan • for the following reasons. e S5' c r� c� We do not have a Comprehensive Plan, but we feel this request LT' Tiff. (is/is not) compatible with the interests of our ;a town for the following reasons: Q Nom-' We have reviewed the proposal and find no conflicts with our interests. 4. xxxx A formal recommendation is under consideration and will be submitted to you prior to: August 17, 1988 (There was not a quorum at the regular Planning and Zoning Commission meeting 7/16/88, 5. Please refer 'to the enclosed letter. however, members present discussed this referral and had no concerns) Signed: y 7I',cy Agency: et y dio der, own Clerk Town of Kersey, Colorado Date: /7- 3-5' $ 880823 Hello