HomeMy WebLinkAbout850849.tiff AR2019793 DEPARTMENT OF PLANNING SERVICES
SUBDIVISION EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Roger and Alice Monroe Case #SE-246
Legal Description: Pt. SE1 of Section 17, T3N, R68W (see attached legal)
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies
of the Weld County Comprehensive Plan.
X 2. The boundary change or temporary use location
which would be allowed on the subject property
by granting the request will be compatible
with the surrounding land uses.
X 3. In those instances when used pursuant to
Section 9-3 B. (2) of the Weld County
Subdivision Regulations, the request is the
best alternative to dispose of existing
improvements in conjunction with the companion
Recorded Exemption.
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
Section 9-3 E. of the Weld County Subdivision Regulations have been met.
By �.�1.J�LD g Date August 2, 1985 _
Current Planner _ =ltfiJ
B 1079 REC 02019793 08/07/85 11: 19 $0. 00 1/002
F 1264 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
850849
LEGAL DESCRIP -ON
A tract of land situate in the Southeast 1/4 of Section 17, Township
3 North, Range 68 West of the 6th Y.M. , County of Weld, State of
Colorado. More particularly described as follows:
Considering the South line of said Southeast 1/4 as bearing North '
90°00' 00" East and with all bearings contained herein relative
thereto;
Beginning at the South 1/4 corner of said Section 17, thence along
the South line of the Southeast 1/4, North 90°00'00" East, a distance
of 1393.33 feet to the POINT OF BEGINNING;
Thence North 0.1°11' 34" West, 208. 73 feet;
Thence North 90°00'00" East, 208.73 feet;
Thence South 01°11'34" East, 208. 73 feet;
Thence South 90°00'00" West, 208.73 feet more or less to the POINT OF
BEGINNING.
SUBJECT to all rights-of-way, easements and restrictions as now in use
or of record.
Said tract contains 0.9999 acres gross more or less.
00 2/002
B 1079 EC O2019793 FEUERSTEIN/CLERK 85 I&1 RECORDER.WELD CO, CO
F 1265AWN
0 III
RECORDED/SUBDIVISION EXEMPTION
ADMINISTRATIVE REVIEW
FLOW SHEET
CASE /1 SE- 2M0
COUNTY COMMISSIONERS MEETING DATE: n `A,
APPLICANT: a` &ANA, i�41`C,e.# • O vwo e.
REQUEST: jj�� 5c V1VAwl" 1 E*tw,�t,.�.
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LOCATION: 1 Wok, .7otAMA,i4 1 v.Q,d,
DAT BY
Application Received b0 , 65
Application Complete 9 Pj �
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Letter to Applicant Drafted o ( /
Referrals Listed N P Ott-
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Letter to Applicant Mailed wet-.
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Referrals Mailed k C �►wet-.
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DPS Recommendation Completed �-o
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Action: 1\1 p �" til%) es Cam_
Plat and/or eution Recorded C 5
History Card Completed O 1 t'3 e€
a Filed I 4k\‘
• •
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. St. -z4{p APPL. FEE N Sic-
ZONING DISTRICT Agricultural RECEIPT NO.
DATE 8/1 /as APPL. CHECKED BY CAC
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.
General legal description of total involved parcel(s) Pt SEA SEZ,
Section 17 T 3 N, R 68 W
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes x No (RE-525)'
FEE OWNERS OF PROPERTY:
Name: Rngor A and Alice E. Monroe
Address: 15093 Weld County Road 5, Longmont CO Phone
Name: 80501
Address: Phone
Name:
Address: Phone
Total acreage of the
total property involved:
1.0 arre more OT less
Existing land use of the
total property involved: Vacant
Existing land use of the
adjacent properties: North: Agricultural South: Agricultural
East: Agricultural West: Agricultural
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 ) 6114;2. ilehn/!-t-R
COUNTY OF WELD ) Q
l erbYet 4?
Signaytire: Owner o Authorized Agent
Subscribth1 Sc.sworn to before me this ISM day of QssTsAN- 19$S .
SEAL'-
No ary Public \
My Commission &rpins F0h 13, 1989
My Commission expires:
LEGAL DESCRIPTION
A tract• land situate in the Southeast•4 of Section 17, Township
3 North, Range 68 West of the 6th P.M. , County of Weld, State of
Colorado. More particularly described as follows:
Considering the South line of said Southeast 1/4 as bearing North '
90°00'00" East and with all bearings contained herein relative
thereto;
Beginning at the South 1/4 corner of said Section 17, thence along
• • the South line of the Southeast 1/4, North 90°00'00" East, a distance
of 1393.33 feet to the POINT OF BEGINNING;
Thence North 01°11'34" West, 208.73 feet;
Thence North 90°00'00" East, 208.73 feet;
Thence South 01°11'34" East, 208.73 feet;
Thence South 90°00'00" West, 208.73 feet more or less to the POINT OF
BEGINNING.
SUBJECT to all rights-of-way, easements and restrictions as now in use .
or of record.
Said tract contains 0.9999 acres gross more or less.
• •
• VACANT LAND
AGREEMENT FOR SALE AND PURCHASE OF RIGHT-OF-WAY
AND FOR PAYMENT FOR USE OF EASEMENT
THIS AGREEMENT, made at Greeley, Colorado, this 17th day of
April , 1985 , between WELD COUNTY, COLORADO, by and through
the Board of County Commissioners of the County of Weld,
hereinafter "Purchaser" , and ROGER AND ALICE E. MONROE, 15093
WCR 5 , Longmont, Colorado, hereinafter "Seller" .
WITNESSETH:
That in consideration of the payment by the Purchaser to
Seller of the sum of $5 , 000 (Five Thousand Dollars) , in cash,
and other good and valuable consideration, Seller agrees to sell
to the Purchaser and the Purchaser agrees to purchase from
Seller the parcel shown in Exhibit "A" , and generally described
as a one acre parcel in the SE corner of Lot "A" of Recorded
Exemption 1207-17-4 RE525 , recorded at Book 956 , Recep 1878388
of the records of the Weld County Clerk and Recorder, attached
hereto and incorporated herein by reference, hereinafter
referred to as the "Parcel" according to the terms and
conditions set forth herein.
The agreement of sale and purchase of Parcel is subject to
the following conditions :
1 . Seller shall furnish to Purchaser a warranty deed
conveying only the surface rights of the Parcel . Title
insurance need not be provided by Seller.
2 . Title shall be merchantable in Seller, except as stated
in this paragraph and in paragraph 5 . Subject to payment or
tender as above provided and compliance by Purchaser with the
other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient special warranty deed to Purchaser
on July 1 , 1985 , or, by mutual agreement, at an earlier date,
conveying the property free and clear of all taxes , except
general taxes for 1985 , payable January 1 , 1986 , and free and
clear of all liens for special improvements installed as of the
date of Purchaser' s signature hereon, whether assessed or not;
free and clear of all liens and encumbrances, and except the
recorded and/or apparent easements, including a 30 ' right-of-way , .,
along the South and-East boundaries of property for county road /'
purposes , and subject to building and zoning regulations and g�
reserving all mineral rights to the Seller.
3 . General taxes for the year 1985 shall be apportioned to
date of delivery of deed based on the most recent levy and the
most recent assessment.
4 . The date of closing shall be the date of delivery of
deed as provided in paragraph 2 . The hour and place of closing
shall be designated by Seller.
5 . Except as stated in paragraph 2 and this paragraph, if
title is not merchantable and written notice of defect (s) is
given by Purchaser or Purchaser' s agent to Seller or Seller' s
agent on or before date of closing, Seller shall use reasonable
effort to correct said defect (s) prior to date of closing. If
Seller is unable to correct said defect (s) on or before date of
closing, at Seller' s option and upon written notice to Purchaser
or Purchaser ' s agent on or before date of closing, the date of
closing shall be extended thirty (30) days for the purpose of
correcting said defect (s) . Except as stated in paragraph 2 , if
title is not rendered merchantable as provided in this paragraph
5 , at Purchaser' s option, this contract shall be void and of no
effect and each party hereto shall be released from all
obligations hereunder and all payments and things of value
received hereunder shall be returned to Purchaser provided,
however, that in lieu of correcting such defect (s) , Seller may,
within said thirty (30) days , obtain a commitment for owner' s
title insurance policy in the amount of the purchase price
reflecting title insurance protection in regard to such
defect (s) , and the Purchaser shall have the option of accepting
the then existing insured title in lieu of such merchantable
title. The Seller shall pay the full premium for such owner' s
title insurance policy.
6 . The Seller agrees to release the Purchaser from all
consequential damages , except as otherwise set forth herein in
paragraph 8 except damages caused by the negligent or willful
misconduct of the Purchaser or its employees, present or
prospective, to the remainder of Seller' s property arising out
of the operation and maintenance, or repair of the grader shed
located on the Parcel.
7 . Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due
hereunder is not paid, honored or tendered when due, or if any
other obligation hereunder is not performed as herein provided,
there shall be the following remedies :
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all
payments and things of value received hereunder shall be
returned to Purchaser and Purchaser may recover such
damages as may be proper, or (2) Purchaser may elect to
treat this contract as being in full force and effect and
Purchaser shall have the right to an action for specific
performance or damages, or both.
(b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to
treat this contract as terminated, in which case all
payments and things of value received hereunder shall be
•
forfeited and retained on behalf of Seller and Seller may
recover such damages as may be proper, or (2) Seller may
elect to treat this contract as being in full force and
effect and Seller shall have the right to an action for
specific performance or damages , or both.
(c) Anything to the contrary herein notwithstanding, in
the event of any litigation arising out of this contract,
the court may award to the prevailing party all reasonable
costs and expenses, including attorneys ' fees.
8 . Seller shall apply to Weld County, at Purchaser' s
expense, for authorization pursuant to Weld County Subdivision
regulations , to create the three lots as shown on Exhibit A.
Expenses shall include costs of application fees , survey and
recording costs . This contract shall be contingent on final
approval and recordations of appropriate plats by Weld County.
9 . Possession of the property shall be delivered to
Purchaser upon closing and shall not be subject to any leases or
tenancies. Seller shall assume all costs of compensating any
tenants or leaseholders for any damages as a result of the
taking of the right-of-way or to the remainder.
10 . The Seller represents and warrants as the day hereof
and as of the date of the closing that neither the execution of
this contract nor the consummation of the transaction provided
for herein constitutes , or will result in, any breach of any of
the terms, conditions , or provisions , or constitute a default
under, any indenture , charter, bylaw, mortgage , loan agreement,
lien, lease, license, judgment, decree, order, instrument or
other verbal or written agreement to which Seller is a party of
is subject or to which the property is subject, except as
provided herein.
If ' this proposal is accepted by Seller in writing and
Purchaser receives notice of such acceptance on or before April
22 , 1985 , this instrument shall become a contract between Seller
and Purchaser and shall inure to. the benefit of the successors
and assigns of such parties.
•
IN WITNESS,,BEREOF,'the parties hereto have subscribed their
names this /.-5 z day of f' , 1985.
ATTEST: I nal -�� > BOARD OF COUNTY COMISSIONERS
f7 WELD COUNTY, COLORADO
Weld County Clerk & Recorder pp
and Clerk to the Board B�.,-�� ,x,n
C'airian for P rchaser
1 E-
/Deputy County Clerk
(Thefollowing section to be completed by Seller.)
Seller accepts the above proposal this .2.9 day of i'si' /9"":57.
1985.
BY �l'T?d>
BY 1)7
BY
SUBSCRIBED AND SWORN to before me this 2f day of
L , 1985.
WITNESS my hand and official s✓yeaal.�
Notary Public
My commission expires:
m/tY yG) //r7
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