HomeMy WebLinkAbout851039.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 738 - RICHARD AND SANDRA
KOBEL, ROBERT KOBEL AND RONA MINER
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 Board,
that a certain parcel of land, to be divided into two parcels , as
shown on the plat known as Recorded Exemption No. 738 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 738 was
submitted by Richard and Sandra Kobel, Robert Kobel and Rona Miner
for property which is located in Part of the SE4, Section 16 and
Part of the SW4, Section 15 , all in Township 5 North, Range 65
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 2 acres and 54 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcels of land be, and hereby are, exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon: 1) the applicant submitting 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 60 days from the date of approval by the Board of County
Commissioners; 2) the mobile home on the smaller proposed parcel
shall be removed from the subject site upon the issuance of the
Certificate of Occupancy for the new residence on the subject
site; and 3) thirty feet of right-of-way for a half street shall
be reserved along the north boundary of the entire 54 acre parcel.
851031
Page 2
RE: RE #738 - KOBEL AND MINER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
March, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST:\ WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board acqu ine J son, Chairman
EXCUSED DATE OF SIGNING - AYE
BY: �eJ Gene R. Brantner, Pro-Tem
Eeputy County C rk ,
APPROVED AS TO FORM: C.W. Ki ��
457--
� Go d/ cy
County Attorney
Fr n amagu 1
851 .039
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-0000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
March 6, 1985
P
Board of County Commissioners
Weld County Centennial Center (' '
915 Tenth Street
Greeley, Colorado 80631
Re: Recorded Exemption #738
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Richard and Sandra Kobel, Robert Kobel and Rona Miner for a
recorded exemption. The parcel of land on which this request is being made
is described as part of the SEA, Section 16 and part of the SWk, Section 15,
all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The property is
located adjacent and east of the city of Greeley. The property under
consideration is the total contiguous land holdings of the applicant.
The request is to divide the property into parcels of 1.9 acres and 54
acres, more or less. The smaller parcel will be used as a residence for Bob
Kobe] . The larger parcel will contain the lake and residences of Rona Miner
and Richard and Sandy Kobel.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved for
the following reasons:
1. The applicant has demonstrated in the submitted application
materials that the request complies the submission
requirements of Section 9-2 C. of the Weld County Subdivision
Regulations submission requirements.
851039
Board of County Commissioners
RE-738
March 6, 1985
Page 2
2. The applicant has demonstrated in the submitted application
materials that the standards and conditions of Section 9-2 E.
(1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
The Department of Planning Services staff recommendation for 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 9-2 C. (4) of the Weld County Subdivision Regulations. The
plat shall be submitted within sixty (60) days from the date of
approval by the Board of County Commissioners.
2. The mobile home on the smaller proposed parcel shall be removed from
the subject site upon the issuance of the certificate of occupancy for
the new residence on the subject site.
3. Thirty feet (30') of right-of-way for a half street shall be reserved
along the north boundary of the entire fifty-five (55) acre parcel.
(NOTE: The city of Greeley has recommended dedication of the
right-of-way.)
Respectfully, j�a�yy
97'129(67 J
James R. Mayerl
Current Planner
JRM:rjg
851039
FIELD CHECK
FILING NUMBER: RE-738 & SE-232 DATE OF INSPECTION: February 27, 1985
NAME: Kobel. & Miner
REQUEST: Recorded Exemption and Subdivision Exemption
LEGAL DESCRIPTION: Part of the SEA of Section 16 and part of the SW1 of
Section 15, T5N, R65W of the 6th P.M. , Weld County,
Colorado.
LOCATION: East of the City of Greeley; north of Highway 34
LAND USE: N Crop production
E South Platte Floodplain
S Highway 34 ByPass & South Platte River
W Camper Park
ZONING: N Agricultural and R-1 (Low Density Residential)
E Agricultural
S R-1 Low Density Reisdential and Agricultural
W C-4 & City of Greeley
COMMENTS:
Access to the subject site is from a private dirt road that is on the
western edge of the applicant's property. The eastern approximate one half
of the site is comprised of a private lake. A boat house and dock is
situated adjacent to the lake. Other improvements on the site are a brick
frame residence (number 1 on RE sketch map) two mobile homes (numbers 2 & 3
on RE sketch map) one house under construction on the smaller proposed
parcel (#3 of RE sketch map) , three large accessory structures (garage and
barns) adjacent to the individual homes and one additional accessory
structure (pigeon coop) on the smaller proposed parcel (#3 of the RE sketch
plan) .
By: Q
es R. Mayerl
C rent Planner
851039
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GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123
February 28, 1985
Mr . Jim Mayerl , Current Planner
Weld County Dept . of Planning Services
915 10th Street
Greeley, CO 80631
Dear Jim:
The City of Greeley' s Planning Commission reviewed the recorded exemption
and subdivision exemption requests submitted by Richard Kobel , Sandy
Kobel , Robert Kobel , and Rona Miner at their February 26, 1985, meeting .
The Commission recommended no objection to the recorded exemption subject
to the dedication of a 30 foot half-street right-of-way along the north
boundary of the entire 55 acre parcel and recommended denial of the
subdivision exemption .
The Commission reviewed this request relative to the future development
potential of the parcel . The Comprehensive Plan of the City provides
guidelines relative to the division of parcels within the City' s growth
area that support the maintenance of parcels that are both large enough
and shaped so as to provide for their future development . Due to the
proximity and location of the 1 . 9 acre recorded exemption parcel relative
to the lake on the property, the Commission does not believe that dividing
it from the larger 55 acre parcel will hinder the future development
potential of the property. However , the Commission can not support the
division of the remainder of the property into two 300 foot wide by 3, 000
foot long lots . The future development potential of the large 55 acre
parcel is not preserved or aided by such a division . The Commission
suggested that future development conceptual planning of the property
would potentially demonstrate a preferable subdivision option .
Thank you for the opportunity to review this request . Should you have
any questions relative to this matter , please contact our office .
Sincerely,
ceee(rk atit
Rebecca L. Safarik
Community Developme
Director
851039
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 415-
CASE NO. RECORDING FEE rp O��^ _ •Kbt
ZONING DISTRICT RECEIPT NO. �4,9O3
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 designated a recorded exemption by the Weld \County Board of County
Commissioners. LEGAL DESCRIPTION: A Poe.-} '�h tc;nt GC e SE. '14 oS Sec-t-kO,s3
ilo % r s Ni , R Los\ { oC 4114 Lo&\. P.M , W \O C4 . C.-."
TOTAL ACREAGE: 6 /404e 0,- /€31r
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes No
Is this parcel of lvd under consideration the total contiguous land owned by
the applicant? Yes No
FEE OWNERS OF PROPERTY:
Name: fnac \.. ifl m C--REE.\ 0-%\u-
Address: -Z\q E. a st Phone: 35.1„a93q
Name: Robcet P. LbEi •
Address: -in. Z.Z Stuxt C-r4£,\t.\ C.o\o Phone: ,352. noLi
Name: tS.c\,oa . P \4,c9s\ aSpta¢n r\. 1406e.1
Address: -1.221 . aZi sltunic GR£E\t,.,\ Co\o. Phone: 3510 - 000i
WATER SOURCE: Larger Parcel \,\E\\ Smaller Parcel 3£\I
TYPE OF SEWER: Larger Parcel Smaller Parcel PU0IC
PROPOSED USE: Larger Parcel c ewsv-R ec . Smaller Parcel erne S.c4c
ACREAGE: Larger Parcel i _ ...5)/ Smaller Parcel_ 1.9
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) ' c3
I hereby depose and state under the penalties of perj that all statements,
proposals, and/or plans submitted with or contained wi hin this application
are true and correct to the best of m ow c15,‘ 4/
COUNTY OF WELD )
STATE OF COLORADO ) -mod <5 9 . 7 .D .S 5�
Signature: Owner or Au orized Agent
Subscribed and sworn to before me this ,...,/ day of , 19&(
(SEAL) 2
Vie' `,c 1- .c iZil e�-roc
Notary Public
7- —2 —rt
My Commission expires:
e51.039
pft1956503 B 1021 REC 01956503 02/17/84 13: 32 $6 . 00 1/002
F 0608 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,
•
THIS DEED, Made this day of January Recorder's Stamp
1984,between RONA L. MINER , an individual , and
KOBEL HEATING AND PLUMBING CO . , ri
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado of the first part,and
RICHARD P . KOBEL , SANDRA M. KOBEL , ROBERT P .
KOBEL and RONA L. MINER
whose address is 727 E. 27th Street , Greeley ,
of the County of Weld and State of
Colorado ofthesecondpart:
,
WITNESSETH,That the said party of the first part,for and in consideration of the sum of
Other valuable consideration and Ten and no/100 DOLLARS„
to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof is here-
by confessed and acknowledged, bath granted, bargained, sold and conveyed, and by these presents doth grant, bar.
Bain,sell,convey and confirm unto the said part 1.e s of the second part, the i.r heirs, and assigns for I,
ever, all of the following described lot or parcel of land,situate,lying and being in the 1
County of WELD and State of Colorado,to wit: I.
SEE EXHIBIT A ATTACHED FOR DESCRIPTION i.
�i
ir
ii
li
*a ree to j!,
g pay by acceptance of delivery of this deed; subject to all.)
existing roads , ditches utilities , canals , pipelines power , tele- I
phone or' rkkw�ate lines' f �andd} rights-of-way and'1e, sementtsS2 therefor , how-
elroGisoHER tin k1 a civic ar`tb'eehe aerie ppBf�i a keth rl nto DE Aging, or in anywise j
appertaining, and the reversion or reversions, 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 equity,of,in j
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 part ies s of the second part their heirs and assigns forever.And the said
party of the first part,for Itself,
and its successors, doth covenant, grant, bargain, and agree to and with the said part i e s of the second part,
their heirs and assigns, that at the time of the ensealing and delivery of these presents it is well
seized of the premises above conveyed,as of a good,sure,perfect, absolute and indefeasible estate of inheritance, in
law,in fee simple,and bath good right,full power and lawful authority to grant, bargain, sell and convey the same
I in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains,
sales, liens taxes, sewn nta and incumbrances of whatever kind or nature soever; subject t g ease-
ment
and right-of-way as set forth in Easement recorded in Book /07 ,
lunder Reception #1628805 of the Weld County Records ; top easement
granted to the City of Greeley recorded in Book 1639 under Reception
#1761294 ; to easement recorded in Book 937, Reception #1858864; to
right-of-way recorded in Book 839 under Reception #1761294• and to I
first deed of trust dated May 21 1981 , recorded in Book 9337 under
jRevetpie abo
ve 1858869, which deed of trust grantees herein assume and*
bargained premises in the quiet and peaceable possession of the said part 1 e S of the second part
their heirs and assigns,against all and every person or persons lawfully clainring
or to claim the whole I or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
.IDI•WIvjESs WHEREOF, The said party of the first part bath caused its corporate name to be hereunto
,dbs*dbed-fbt1'1'�'',, y first
and corporate seal to be hereunto affixed,attested by its
Fbr4ta the'98y rst above wri ,
f
2� .,,. i „ / KOBEL HEATING AND PLU BING CO.
t , 1-Is , Q•_ *,. a .• orado Corpo a 1. n
CC' Pratte.
STATE.OF COLORADO, - �""""
� � WELD Ro a L. ner as an individual
. _._.._County td'-._.. ,,,,_...
The foregoing instrument was acknowledged, ore me this u day of y)-t..e�.OtY. t�
1p 84 ,by _,..-e—cwclj c2 as , y '
j c'l~r&t f p , .. .fao
KOBEL HEATING AND PLUMBING CO. , Colorado corporation, and RONA L . MINER, My notarial commission expires i--4_�p 4i - 'o, y •.
as an individual . i ,, : 7r n : ,.. -
Witness my hand and official seal. 3 : db, : c-,
Nora'!Ong-
No.40B. WARRANTY DEED—CorpornNoo.-Bradford Publishing Co.,1S24-4e Stout Street.Denver,Colorado-2-r4
e51039
B 1021 REC 01956503 02/17/84 13: 32 $6. 00 2/002
F 0609 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
A parcel of land located in part of the Southeast Quarter (SEA) of
Section Sixteen ( 16) and in part of the Southwest Quarter (SWk) of
Section Fifteen (15) , Township Five (5) North, Range Sixty-five
(65) West of the 6th P .M. , being more particularly described as
follows : BEGINNING at the Northwest corner of the South Half (Si)
of the Southeast Quarter (SEA) of said Section 16 and considering
the North line of said South Half (Sb) as bearing N 89°14 '00" E
with all other bearings contained herein relative thereto; thence
N 89°14 '00" E , along said North line , 2647.61 feet to the North-
west corner of the South Half (Sb) of the Southwest Quarter (SW3)
of said Section 15 ; thence N 89°15 ' 13" E, 1317.81 feet; thence
S 00°47'44" E, 547. 73 feet ; thence S 87° 15 ' 12" W, 1320 . 18 feet to
a point on the West line of said Section 15 ; thence S 87°15 ' 12"
W, 451 .07 feet; thence S 87°57' 23" W, 1460.63 feet; thence N 75°
29' 57" W, 231.51 feet ; thence N 77°29 ' 09" W, 88 .62 feet ; thence
S 80°12 '32" W, 281 .36 feet ; thence S 48°40 '01" W, 192 .90 feet;
thence N 00°51 '52" W, 730.20 feet to the POINT OF BEGINNING:
TOGETHER with six (6) shares of the capital stock of the Greeley
Irrigation Company;
851039
JANUARY 22, 1985
BOARD OF COUNTY COMMISSONERS
WELD COUNTY, COLORADO
A Public Road Rights-Of-Way is to be RESERVED in
conformance with the City of Greeley. This Rights-Of-Way
will take the place of the current Rights-Of-Way dedicated
in BOOK 839 RECEPTION # 1761294 to the City of Greeley.
8.51039
nary 22, 1985
Board of County Commissoners
Weld County, Colorado
Recorded Exemption Information:
Iteam4: The purpose of dividing this parcel into two parcels are as
follows :
A. ) Robert P. Kobel has sold his interest in the 55 acres of the larger
parcel with the exception of the 1.9 acres we our requesting for the
Recorded Exemption for.
B. ) With this sale and the Recorded Exemption Robert P. Kobel may
make what ever improvements his wishes within the Weld County
Planning and Zoning laws .
Iteam 5: This Recorded Exemption request is within the planned
purpose of the Weld County Comprehensive plan. This parcel is
in currently lightly populated acreage and agricultural acreage.
Iteam 6 : The current Weld County Zoning for this parcel is R-I.
This use is for a single family site which conforms with zoning.
Iteam 7: This parcel is being used now and will continue to be used
for single family resident. The boarding and feeding of livestock for
personal recreation. This use is in common use of the majority of
the surrounding area.
Iteam 8: This parcel is in compliance with the single family estate
type plots now common to this section of Weld County, Colorado andthe
east area of Greeley, Coloraod.
Iteam 9: The proposal will help in developing an efficient and
orderly development of the area. The parcels have pre-established
right-of-ways and this division best utilizes these in the best way.
Iteam 10: This parcel has a City of Greeley one 4" sewer tap paid
for and installed. This dewelling site well share with the two other
dewellings one domestic water well, This complyes with the Colorado
Division of Water Resources which has a limit of three (3) dewellings
using one well. This water well was issued water well permit #119124
on April 8, 1981, receipt #12850.
Iteam 11: Does Not Apply
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SCALE 1"=300'
NORTH ---
U .S . HWY. 34 BYPASS —"
20' right-of-way
--60' right-of-way
Existing locations of
improvements
1. Existing home of
1 I Richard P. & Sandra
Kobel
2
2. Existing tobile home
A PORTION OF 3 _ and barn of Rona
THE SE 4 OF — 1 Miner
SEC . 16 & aAt
PORTION OF
THE SW a OF
SEC . 15,
3. Existing barn and
T6N, R65W,
OF THE 6TH home under construe-
PM, tion of Robert P.
WELD CO. ,COL
3 Kobel
a LAKE
Sec . 21 Sec . 16
Sec . 22 Sec . 15
4. Existing boat house
and dock.
4B
851019
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LEGAL DESCRIPTION - PARCEL "A" �1- 977.:.
A parcel of land located in the South half of the Southeast. Quarler
(S1/2,SEi/4) of Section 16, Township 5 North, Range 65 West. of the
Sixth Principal Meridian, Weld County, Colorado being more
particularly described as follows:
Commencing at the Northwest Corner of said South half of the
Southeast Quarter (St./2,SE1/4) and considering the North line of
• said South half to *ear N. 89014'00" E. with all bearings contained
herein being relative thereto:
Thence along said North line N. 8901-4'00" E. , 1784.54 feet;
Thence S. 01415"38" W. , 50.03 feet to the TRUE- POINT OF BEGINNING;
Thence N. 89014'0(M E„ 256.24 feet;
THENCE S. 79031'00"' E. , 152.29 feet;
Thence S. 55010'11":. 1d. , 412.28 feet;
Thence N. 22429'16"^ W. , 110.01 feet;
Thence N. 88044'22": W. , 28.94 feet;
Thence N. [31015'38": E. , 157.51 feet to the TRUE POINT OF BEGINNING.
The above described"parcel containing 1.378 acres, more or less.
LEGAL DESCRIPTION - PARCEL "B"
A parcel of land located in part of the Southeast Quarter (SL1/4) of
Section 16 and in part of the Southwest Quarter (SW1/4) of Section t
15, Township 5 North, Range 65 West of the Sixth P incipal Meridian, P
Weld County, Colorado being more particularly described as follows:
Beginning at the`No;thwest Corner (NW Cor) of the S1/2, S81/4 of
said Section 1fi' „ ::
• Thence N. 89°14 00 i E. , 2647.61 feet to the NW Cor, S I/2,SE 1/4,Section 15;
Thence N. 89415'13"'E.., 1317.81 feet;
Thence S. 00047'44"- •E, , 547.73 feet;
Thence S. 87015'12 'W. , 1320.18 feet to a point on the Hest line of
said Section 1.5; : . •
Thence S. 87015"12"`W. , 453.07 feet;
Thence S. 87057'2.c3" W. , 14611.63 feet;
,Thence N. 75°29"57" W. , 231.51 feet;
':hence N. 77029'09%W. , 88.62 feet;
:hence c. 80012'321%W. , 281.36 feet;
Thence J. 48°40'01" W. , 192.90 feet;
Thence N. GO°51'52'%.W. , 730.20 feet to the point of beginring,
excepting Parcel "A" as described above.
Parcel "B", excluding ;parcel "A", contains 53. 346 acres, more or
less. sf ,
00111111P„4,.
SURVEYOR'S CERTIFICATE ����0„,`•.•°°.)• r ', .
I hereby certify that this plat was prepared under o supeivl „ �
) ill . tcs,'
and that the same t.,0 correct to the best of my knowledge a:nda "i" 1 c.'�:q� :`
'mss.►- i�I• 7 . _
: Titothy E. Peterson •
% , •°•'�•Y
`� i
�dr�/G °•q••r! gym
Colorado Registration No. 19617 °�� L LI1,4 t,,c°
We, the undersignesWbeing the sole owners in tee of the above
described pr pert 0 hereby, subdivide the same ;►: shown on the
attac►ied map .,/, /
a . / c .
`�^f"� � ` :_.�_«.. /L'L�� L.4..rL-.,� (._:. -:,22,A._(-4,...... ..,...-..-1._:;....,_
G ....t.
The fore. oing certi4 ication was acknowledged before me this 22
day of 1r1G1c'4. :., A.D., 19 . '
My Commission expires: 7- _cdS _-__-
Notary Public s ,pl��_ C{�, _ _._
Witness my Band ands Seal
'
e ace pang . accepted and approved for filing.
mss.
AIRMAN OP-tYIE: B -: r� Y COMMISSIONERS ,
' ATTEST: County ClAtrk:_ � ! ' Y4:47. .'7".§...0).
Date: _t __,(t__�r�-.S-"S7 1; »`'," •,
•
Date. r1Y/i /c'; e.51.9.-,9
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