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HomeMy WebLinkAbout890076.tiff 4R2166458 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: J. Gale and Valerie A. Moody Case //SE-353 NO o U Legal Description: Part of the NEI of Seciton 30, T7N, R64W of the 6th O P.M. , Weld County, Colorado - O U Criteria Checklist W Meets Criteria o o o a Yes No NA Q- N • X 1. The proposal is consistent with the policies O of the Weld County Comprehensive Plan. c.iW m X 2. The boundary change or temporary use location no which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. CO N U 3. In those instances when used pursuant to H Section 9-3 B. (2) of the Weld County N E Subdivision Regulations, the request is the H m best alternative to dispose of existing improvements in conjunction with the companion co W Recorded Exemption. 1/4c, z N APPROVED U z Subdivision Exemption is approved in accordance with information submitted in the application and the policies of the County. The Department of Planning Services has determined through its review that the standards of o N rn Section 9-3 E. of the Weld County Subdivision Regulations have been met. N Ul ti The ap proval of this subdivision exemption application is intended for the M Cy division of an interest in a parcel which does not result in the creation of a new residential building site. By - — Date December 28, 1988 rrtr Pi•- y °`?R 894076 LEGAL DESCRIPTION All that part of the Northeast Quarter (NEfl of Section 30, Township 7 N o North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more o o particularly described as follows: U Beginning at the Northeast Corner (NE Cor) of said Section 30 and con- ▪ sidering the East line of said Section 30 as bearing South 00°23'20" West and with all other bearings contained herein relative thereto: o w3 o x Thence South 00°23'20" West along said East line of Section 30, 1506.90 feet to the TRUE POINT OF BEGINNING (T.P.O.B.) ; wThence continuing South 00°23'20" West, 200.00 feet; N x Thence South 84°58'12" West, 119.88 feet; Thence North 73°27'06" West, 161.07 feet; Thence North 00°23'20" East, 166.37 feet; • Thence South 89°38'12" East, 274.05 feet; co to the TRUE POINT OF BEGINNING (T.P.O.B.). a m Z Said described parcel contains 1.234 acres, more or less, and is subject to w any rights-of-way or other easements as recorded by instruments of record N or as now existing on said described parcel of land. N m p u-) N vw � z � z N O U N o c° N °1 N I H O z4 • • APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 . /FOR PLANNING DEPARTMENT USE ONLY: CASE NO. Sat3Ss APPL. FEE $6,) ' ZONING DISTRICT RECEIPT NO. / 'X/i DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (/ale , 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. General legal 'description of total involved parcel(s) NE's (part of) Section 30 , T 7 N, R 64 W east of the Owl Creek Supply and Irrigation Company Ditch and south of the following described line: Beginning at the Northeast Corner (NE Cor) of said Section 30 and considering the East line of said Section 30 as bearing South 00023'20" West and with ail other bearings contained herein relative thereto: Thence South 00°23'20" West, 1363.90 feet; Thence North 89°36'40" West, 30.00 feet; Thence North 86°07'01" West,270.05 feet• Thence South 00°23'20: West, 161.00 feet; Thence North 89°05'05" West, 1443.12 feet; Thence South 8026'47" West, 169.91 feet; Thence North 86°38'57" West, 81.81 feet to a point on the East Bank of the Owl Supply and Irrigation Company ditch. Has this property been divided from or had divided from it any other, property since August 30, 1972? Yes X No . See attached deed. FEE OWNERS OF PROPERTY: Name: J. Gale and Valerie A. Moody Address: P.O. Box 9078, Ft. Collins, CO 80525 Phone 223-2227 Name: Address: Phone Name: Address: Phone Total acreage of the total property involved: 62 A moreor. less Existing land use of the D Vlrc: total property involved: Irri•ated farmland a : i.tr Existing land use of the DEC 1 4 1988 adjacent properties: North: Irrigated farm outh: Ir 7ed farm & res. East: Irrigated farm & res. 1°°�� EE F@�sVW. nygheat farm & res. 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 ) �7��� Signat re: /NWT/ uthorized Agent .ry - A. Bruce Jo son . : Subscr36ed ,and sworn to before me this /5"1-41 day of nprpmhpr , 1988 -.SEAL Notary Public June 18, 1990 - Ny 'Commission expires: • POWER OF- ATTORNEY • KNOW ALL MEN BY THESE PRESENTS, that )DC, We J. Gale Moody and Valerie A. Moody (name) , the undersigned, of P.O. Box 9078 Ft. Collins, • _ (address) , County of Larimer —, State of Colorado , here- by constitute , make and appoint A. Bruce Johnson • (name) , of 801 8th St. , Suite 220, Greeley (address):`, County of Weld State of • Colorado , my true and lawful attorney- in-fact, for the following purpose : To represent me in the matter of the foregoing attached application for a . Subdivision Exemption and/or RPrn rlpd E ti (variance,• recorded exemption, etc: ) , in regard to and only in regard ,)to the particular property described in said ap- plication, `before the Board of County Commissioners and/or Planning Commission r (Board bf County Commissioners , Board of Adjustment, etc. ) and to 'present evidence on my behalf before said Board. % a L MOODY VALERIE A. MOODY • Subscribed and sworn to before me this I'rS(i(•__ day of March 18 . �•7- • Notary Public rJ `/ My commission expires : - / -9/ — i i � .JOHNSONbruce 6P S S O C IATE" ! 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 December 12, 1988 Department of Planning Services 915 10th Street Greeley, CO 80631 To Whom It May Concern: Please send copies of all . correspondence with Applicants to: A. Bruce Johnson, 801 8th St. , Suite 220, Greeley, CO 80631. If you need any further information, I will try to accommodate your request. 1) Attached is an Application for a Subdivision Exemption on property currently owned by J. Gale Moody and Valerie A. Moody, with the property legal description being part of the Northeast Quarter (NE4) of Section 30, Township 7 North, Range 64 West of ' the 6th P.M lying east of the Owl Creek Supply and Irrigation Company Ditch. Enclosed is a check in the amount of $200.00 payable to the Department of Planning Services to cover the Application. 2) A Certificate of Conveyance is enclosed from Transamerica Title Services of Greeley. ) 3) Information is as follows for the subject application: a. -1) " The 'map'attached- shows-the--62=acre--farm' -boundary and the boundaries of the proposed division for the recorded exemp- tion and the proposed boundaries of the lots for financing of the existing home (subdivision exemption for financial purposes) . 2) The purpose of this request is to allow the Purchaser of the farm to finance the house and buildings from traditional home lenders, and the farmland by Seller. 3) The benefit of such split would reduce debt of appli- cant, reduce smaller fields from his operation, reduce mainten- ance and hassle of rental property, and increase the tax base for the county. Owner-occupants generally take care of property better than tenants . 7 /.; 1 Colorado-Nebraska • Farm & Ranch • !Water Appraisals • Sales • Exchanges. • Minerals • Consulting Department of Planning Services Page Two December 12, 1988 b. Please see attached Power of Attorney form authorizing A. Bruce Johnson to represent the owners in this matter. c . Attached to the Certificate of Conveyance is a deed showing current ownership by Applicants . d. Attached is a legal description describing the 1 .23 acres requested in this financial subdivision exemption for the house financing, and is to be recorded by the Department of Planning Services with the Weld County Clerk and Recorder after approval . 4. Attached is an 8 1/2" x 11" map showing the before lot as the parameter of Lot A, the 1.23 acres more or less, and Lot B the 61 acres more or less . Lot A and Lot B shall be the after lots for financial purposes . 5 . This proposal is consistent with the policies established and stated in the "Weld County Subdivision Regulations dated February 1O, 1988, " paragraph 9-3 "Subdivision Exemption" pp. 64-67 . 6. The boundary change would not change the historic use of the land, i .e. irrigated farming and rural residence on each proposed tract. This is the same as all of the land to the north, south, east and west . There will not be an increase in the number of residences due to this request. 7. Each of the proposed lots will have North Weld County Water District water and an operating septic system, if need be, however, it is the intent of this request to keep the farm as one unit with existing North Weld water tap and septic system. Thank you for your assistance in this matter! Sincerely, / (e/r. tire_ A. BRUCE OHNSON ABJ/sc Attachments Rcccj1t a idn. _ __ kccanl. R,ccorded al __o'clock .WARRANTY DEED J.. GALE MOODY AND VALERIE A. MOODY Gran,ons, whose address is P.O. Box 9078, Fort Collins, CO 80525 *County of Larimer , State of Colorado , for the consideration of TEN DOLLARS ($10.00) and other good and valuable consideration dollars, in hand paid, hereby sell(s) and convey(s) to J. GALE MOODY AND VALERIE A. MOODY whose legal address is P.O. Box 9078, Fort Collins, Fort Collins, CO 80525 County of LARIMER , and State of Colorado the following real property in the County of Weld , and State of Colorado, to wit: SEE ATTACHED EXHIBIT "A" also known by street and number as N/A 1 with all its appurtenances, and warrant(s) the title to the same, subject tothOse items of record. Signed this 21st day of DECEMBER , 19 88 ! J. E 0 Y G VALERIE A. MOODY • STATE OF COLORADO, ss. • County of LARIMER J The foregoing instrument was acknowledged before me this 21st day of DECEMBER , 1988 by J. GALE MOODY AND VALERIE A. MOODY My commission'expires 7-18-91 [loess my hand and offici 1 seal. } t • Notary Public ' I *If in Denver,insert"City and." No.897.Rev. 12-85. WARRANTY DEED(Short Form) Bradford Publishing.5825 W.6th Ave..Lakewood.CO 80214-(303)233-6900 3.87 • EXHIBIT A • Legal Description All that part of the Northeast Quarter (NE4) of Section 30, Township 7 North , Range 64 West of the 6th P .M . , Weld County, Colorado lying east of the Owl Creek Supply and Irrigation Company ditch , except the following described property: Beginning at the Northeast Corner (NE Cor) of said Section 30 and considering the East line of said Section 30 as bearing South 00°23' 20" West and with all other bearings contained herein relative thereto : Thence South 00°23' 20" West , 1363 . 90 feet; Thence, North 89°36' 40" West , 30. 00 feet ; Thence North 86°07' 01 " West , 270. 05 feet ; Thence South 00°23' 20" West , 161 .00 feet ; Thence North 89°05 '05" West , 1443. 12 feet ; Thence South 80°26' 47" West , 169. 91 feet ; Thence North 86°38' 57" West , 81 . 81 feet to a point on the East bank of the Owl Creek Supply and Irrigation Company ditch ; Thence Northeasterly along the approximate East bank by the following two (2) courses and distances : Thence North 31 °22'.49" East , 274 . 85; Thence North 18° 18'02" East , 1322103 feet ; more or less to a point on the North line of Section 30; Thence North 89° 19 ' 41" East , 1443. 80 feet , more :or less , along the North line of said Section ,30 to the Point of Beginning , which contained 56. 6 acres more; or less . 1 Said described 'parcel contains 62 :2 acres more or less) and is subject to any rights-of-way or/ other 'easement as recorded by instruments of 'record or as now existing on said described parcel of A ne-Pore _ C:t4 cv4 6a,evl-y - `ie/Iocv /frQr/Cer I' a 11 IN hi \ 4 to � 0, E' io9.9 / silts \ J , i0 SI eld fel t vs.9slti 0u\ 7 C /1/1 St o-F Sc c c+I�-i0 Ski)jec.I lgK4 v� 30 ti 7wp 7 N°"fi p t 6yWert PM Cow/ 4y, CO' lowado 444er Stt jec-/ Pro,>e0- ,y - ,e//oQ2 `2i*r -ec,' SecAh srt I Me- if' ti4.cel, - / F, ) `1 silage. ()it 1343 s4 --L-_ice iy ys.rt io� d ` 41.e FrN&NCi1ga • ` 6( Xrb49-44I ;I- - ' \ - Ov -ty . ,_ a 404 o$- • D;kl. to h ' Q� ' 6/4_1- Ares Nergh& r Farm ',o h h i of ei vi 3 ON I/ C2Nctr , 1/1 v-_ seC4-k0 VI -- 3V '7-w p 7 Not--1-k Me. (v N Wes--- ' we 6 a.cto Iy , eo/ra do •: t L OF _ :,'. I ED I '.I i •i:: NE I:c'I _ � _ • R rf1 `'1. L THE CTtI P. �i.. l'JtL ) CO., CC'` • li O i I Le 9 S.80`3d11211 E. 274 05' I ? I 1 �� p 4 4@Q -ni ne shed ;m1 53 e 2g4' V'1 ({ `-1, _ N Ja C gd= - ti vi \ . • zs_' ` - v -N-••.&_=. ' - /oL 242 - - al �ir�,,e v a �1Qn, a�a1 ^0i ti douse N y • 9' B! `m 0 203 9- /?l n tr. kJ . W 91 41 r N h n° ?' in ti N •1 ., 3 w o 1 ., O -,n 0 .I •/ae ro ' of Z m _ P O . ,l t,/eV/ -- O I 1 Cl) . ) in !Iij cc CI N �3 2 jOg„ i , e 1 W / 1 __ X61:p�, ," LL— 1 119. 88. 5.940581 (21 W. Seale: l°=4q' i I / • O—Found PH SE COR jj \ I i 1..,:1L DF,SCi.I'i i 11:: SEC 30 1 -- 7 All that p.rt of the ::orthejse quarter (".'r!•.) of Section lin, v `.`;hip i .arch, !?ange ,,.. West of the 6th P.1.1. , Weld County, Colorado, being more particularly ies ribcd as follows: beginning it the Northeast Cornet (NI' uor) J1 . 3i;! i(1 .+;1d c ` Isi.deri^l' che East line said Secrton )r• ;IF hearing. ..ill ;u'-- . 'I ._a,t airs,. , ;t1 1: 1 TifIcr u:.nrings c.ynrrliaE-1 '.rr •in relariva th.irrte: ! keno:, ynonl I' , . „111 ,t l! no:'. + ' r.st line of Lleccion '1, _ r.' ': f_ :r to rho . . .. I'i11 : . l . .I,. .•. :lrerlce contint.u ^g :oath 00'23 ',a)" ..est , 2C- .M''' ' eel. ; hence •ouI :. ;- l:: 1 : Iti , li9..'-2i feet; Thence North 73'2710h" West, lbi .i11 feet; Ihnice `crih ie -' ' 1 '1111 has i66.:% feet; ;hence 1outh ;'11°)S' i_1' East °!i .el to . ' . . td• E I," .i'.d.b.) . • :laid described parcel. contains 1 .234 acres, more or less ,ss , ^.❑it ..., subject to 9,7.: rights-o?-way or other : lsements as recorded by inst ru:aent.s o1 record or .as n'dd, existing on said described parcel of l and. . NI SL'Rl'IIYJR' S Cis:I'ic;c1:1P To the Lien'hJolders and, or the owners) of the premises inspected, and to 1 d , ', ' The undersigned does -hereby certify that this inspection (this tin' made an the ground of tuba property legally described hereon and Is correct, and r '.ar : ' err, ice -in visible discrepancies, conflicts, shortages in area, boundary 1 [I:e L.nI : I ct-, Cacroac.hm?rlt.s, overlapping of improvements, eas ments or rights-of-way in evidU ee or known to me, except- as shown . hereon. . and chi said property has acr__as to dad fro,- „ -1^1++cited roadway. ' The foregoing .isshown :with an accurst" necessary: to - satisfy�s An e, C h lender or insuror. This plat is not a boundary survey and is not to¢ �' ted0E7"o - purpose whatsoever other than those specifically stated above. e. .tae_____ -60 �E-c 3 t9OS lik" 4.192 g. t , 1 ;1: . .�, • ,0a o .etFCCItz "s:s:uuvo'v 'i LEGAL DESCRIPTION All that part of the Northeast Quarter (NEI) of Section 30, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast Corner (NE Cor) of said Section 30 and con- sidering the East line of said Section 30 as bearing South 00°23'20" West and with all other bearings contained herein relative thereto: Thence South 00°23'20" West along said East line of Section 30, 1506.90 feet to the TRUE POINT OF BEGINNING (T.P.O.B.); Thence continuing South 00°23'20" West, 200.00 feet; Thence South 84°58'12" West, 119.88 feet; Thence North 73°27'06" West, 161.07 feet; Thence North 00°23'20" East, 166.37 feet; Thence South 89°38'12" East, 274.05 feet; to the TRUE POINT OF BEGINNING (T.P.O.B.). Said described parcel contains 1.234 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. Hello