HomeMy WebLinkAbout880307.tiff AR2139351
DEPARTMENT OF PLANNING SERVICES
SUBDIVISION EXEMPTION
m0 ADMINISTRATIVE REVIEW
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o
0V Applicant: Moody and Hollister Case f11SE-335
A
o W Legal Description: Part of the NEl of Section 33, T7N, R66W of the 6th
O 3 P.M. , Weld County, Colorado
o rx
c'W Criteria Checklist
Meets Criteria
0
Yes No NA
ox
ni `a X 1 . The proposal is consistent with the policies
W of the Weld County Comprehensive Plan.
co• U X 2. The boundary change or temporary use location
2 which would be allowed on the subject property
N H by granting the request will be compatible
Ewith the surrounding land uses.
o
X 3 . In those instances when used pursuant to
N Section 9-3 B. (2) of the Weld County
rn W Subdivision Regulations, the request is the
Zbest alternative to dispose of existing
N improvements in conjunction with the companion
o Recorded Exemption.
ua
a
APPROVED FOR PROERTY EXCHANGE.
C71 ‘14
r-ISubdivision 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.
Date April 21, 1988
s
i Current,P.lanxpez
MAY 5 1988
Weld CO. �letleie Curutii�i4�
r ) j .j 880307
SUBDIVISION EXEMPTION
MOODY AND HOLLISTER
LEGAL DESCRIPTION
SE-335
m0
o U
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NO
Legal Description - Moody
0
W
o A tract of land situated in the NEI of Section 33, T7N, R66W of the 6th
o P.M. , County of Weld, State of Colorado, being more particulary described as
o rz follows:
vt Wq a0 Considering the east line of said NE} as bearing north 00°00'00" east, and
U with all other bearings contained herein relative thereto:
N
o rz
Beginning at the northeast corner of said Section 33;
aThence south 87°05'46" west along the north line of the NE} , a distance of
1,531 .05 feet to the TRUE POINT OF BEGINNING;
co O m Thence continuing south 87°05'46" west along said north line 1128.40 feet to
co 2 the north quarter corner of said Section 33;
Z w Thence south 00°02' 12" west along the north-south centerline of Section 33,
c H 1,887.76 feet;
0 a Thence north 86°47'45" east, 2,057.62 feet;
N Thence north 58°19'00" east, 281.93 feet;
in w Thence north 15°26'04" west, 75.03 feet;
Thence south 61°16'38" west, 243.96 feet;
' Z Thence north 82°12'35" west, 106.36 feet;
N 4 Thence north 33°35'58" west, 176.19 feet;
✓ Thence north 36°53'05" west, 384.84 feet;
U a Thence north 41°34'33" west, 139.64 feet;
a Thence north 44°15' 11" west, 207.83 feet;
c N Thence north 52°40'52" west, 239.31 feet;
• . Thence north 67°54' 11" west, 29.49 feet;
o Thence north 02°54' 14" west, 849.36 feet to the TRUE POINT OF BEGINNING.
Gl N
SUBJECT to a 30 foot county road right-of-way, and, SUBJECT to all other
rights-of-way, easements and restrictions as now in use or of record.
880307
SUBDIVISION EXEMPTION
MOODY AND HOLLISTER
LEGAL DESCRIPTION
SE-335
ri O
U Legal Description - Hollister
r: O
A tract of land situated in the Si of the NE} of Section 33, T7N, R66W, of
the 6th P.M., County of Weld, State of Colorado, being more particulary
o described as follows:
• 3
o a Considering the east line of said NE} as bearing north 00°00'00" east, and
vr
a with all other bearing contained herein relative thereto:
0
Beginning at the E} corner of said Section 33 thence along the east line of
o a the said NEB, north 00°00'00" east, a distance of 546.29 feet;
N
.. W
Thence north 50°58'00" west, a distance of 303.66 feet;
ri• g
Thence north 43°55'40" west, a distance of 102.89 feet;
m a Thence north 31°20'00" west, a distance of 107.07 feet;
g o Thence south 58°19'00" west, a distance of 281 .93 feet;
2 Thence south 86°47'45" west, a distance of 2,057.62 feet to the north-south
N H centerline
d' E" Thence along the said centerline south 00°02' 12" west, a distance
o m
PG of 788.79 feet to the center 1/4 corner;
• Thence along the east-west centerline north 86°47'45" east, a distance of
O41 2,661 .91 feet to the E} corner and the TRUE POINT OF BEGINNING.
rn
NZ
SUBJECT to a 30 foot county road right-of-way, and,
SUBJECT to all other rights-of-way, easements and restrictions as now in use
or of record.
a
aSaid parcel contains 47.85 acres, more or less.
er M
O V'
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,--I O
MW
880307
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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. -1e APPL. FEE `61_5,D
ZONING DISTRICT RECEIPT NO. gna.V6
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
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) NE1 Section
33 T 7 N, R 66 W
Lot B of Recorded Exemption No. 0707-33-1-RE1011 redorded under Reception No.
02102607 on June 8, 1987; and "Hollister Land" (see ,attached Schedule A)
O
Has this property been divided from or had divided from it 4y •the ,,pro
since August 30, 1972? Yes x No . 6J
FEE OWNERS OF PROPERTY: �i1 ��
a0®�
Name: J. Gale Moody l-
Address: Ft. Collins, CO 80522 Phone223-7317 et
Name: Wesley E. and Donna G. Hollister
Address: 3651 WCR %31 , Eaton, CO 80615 Phone 454-3711
Name:
Address: Phone
Total acreage of the
total property involved: 75.32 ± acres Pills 35.0 acres total 110.32 ± acres
Existing land use of the
total property involved: farmland and rural residence
Existing land use of the
adjacent properties: North:farmland/rural residence South: farmland/rural residence
East: farmland/rural residence West: farmland/rural residence
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 anil
te ut
Signature: Ovine r Authorized Agent
A. Brue Johnson
Subscribed- .au-di eworn to before me this / 5- day of April , 19 88 .
SEAL _ - •
C(/ 64Majt )
- - . Notary Public
June 18. 1990
My Commission expires:
I '
• ' • •
BEFORE
LEGAL DESCRIPTION - MOODY
A tract of land situate in the Northeast 1/4 of Section 33, Township 7 North, Range
66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly
described as follows:
Considering the East line of said Northeast 1/4 as bearing North 00°00'00" East, and
with all other bearings contained herein relative thereto:
Beginning at the Northeast Corner (NE Cor) of said Section 33; Thence South 87°05'46"
West along the North line of the Northeast 1/4, a distance of 1531.05 feet to the
TRUE POINT OF BEGINNING;
Thence continuing South 87°05'46" West along said North line 1128.40 feet to the
North Quarter Corner of said Section 33; Thence South 00°02'12" West along the
North-South centerline of Section 33, 2158.35 feet; Thence North 86°47'45" East,
2084.69 feet; Thence North 05°42'00" West, 270.41 feet; Thence North 58°19'00" East,
281.93 feet; Thence North 15°26'04" West, 75.03 feet; Thence South 61°16'38" West,
243.96 feet; Thence North 82°12'35" West, 106.36 feet; Thence North 33°35'58" West,
176.19; Thence North 36°53'05" West, 384.84 feet; Thence North 41°34'33" West, 139.64
feet; Thence North 44°15'11" West, 207.83 feet; Thence North 52°40'52" West, 239.31
feet; Thence North 67°54'11" West, 29.49 feet; Thence North 02°54' 14" West, 849.36
feet to the TRUE POINT OF BEGINNING.
SUBJECT to a 30 foot county road right-of-way, and, SUBJECT to all other rights-
of-way, easements and restrictions as now in use or of record.
Said parcel contains 75.32 acres, more or less.
LEGAL DESCRIPTION - HOLLISTER
A tract of land situate in the South 1/2 of the Northeast 1/4 of Section 33, Township
7 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more
particularly described as follows:
Considering the East line of said Northeast 1/4 as bearing North 00°00'00" East, and
with all other bearings contained herein relative thereto:
Beginning at the East 1/4 Corner of said Section 33 thence along the East line of the
said NE', -North 00°00'00" East, a distance of 546.29 feet;
Thence North 50°58'00" West, a distance of 303.66 feet; Thence North 43°55'40"West,
a distance of 102.89 feet; Thence North 31°20'00" West, a distance of 107.07 feet;
Thence South 58°19'00" West, a distance of 281.93 feet; Thence South 05°42'00" East,
a distance of 270.41 feet; Thence South 86°47'45" West, a distance of 2,084.69 feet
to the North—South Centerline thence along the said Centerline South 00°02'12" West,
a distance of 518.20 feet to the Center 1/4 Corner; Thence along the East—West
Centerline North 86°47'45" East, a distance of 2,661.91 feet to the East 1/4 Corner
and the TRUE POINT OF BEGINNING.
SUBJECT to a 30 foot county road right-of-way, and,
SUBJECT to all other rights-of-way, easements and restrictions as now in use or of
record.
Said parcel contains 35.00 acres, more or less.
•
•
AFTER
pp LEGAL DESCRIPTION - MOODY
A tract of land situate@in the Northeast 1/4 of Section 33, Township 7 North, Range
66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly
described as follows:
Considering the East line of said Northeast 1/4 as bearing North 00°00'00" East, and
with all other bearings contained herein relative thereto:
Beginning at the Northeast Corner (NE Cor) of said Section 33; Thence South 87°05'46"
West along the North line of the Northeast 1/4, a distance of 1531.05 feet to the
TRUE POINT OF BEGINNING;
Thence continuing South 87°05'46" West along said North line 1128.40 feet to the
North Quarter Corner of said Section 33; Thence South 00°02'12" West along the
North- •.uth centerline of Section 33, 1887.76 feet; Thence North 86°47'45" East,
? 20.57.6 feet; Thence North 58°19'00" East, 281.93 feet; Thence North 15°26'04" West,
7 . feet; Thence South 61°16'38" West, 243.96 feet; Thence North 82°12'35" West,
106.36 feet; Thence North 33°35'58" West, 1,76.19; T1ence North 36°53'05" West, 384.84
feet; Thence North 41°34'33" West, 139.64 feet; Thence North 44°15' 11" West, 207.83
feet; Thence North 52°40'52" West, 239.31 feet; Thence North 67°54'11" West, 29.49
feet; Thence North 02°54'14" West, 849.36 feet to the TRUE POINT OF BEGINNING.
SUBJECT to a 30 foot county road right-of-way, and, SUBJECT to all other rights-
of-way, easements and restrictions as now in use or of record.
:Said parcel contains 62.47 acres, more or less.
LEGAL DESCRIPTION - ..HOLLISTER
A tract of land situatecLin the South 1/2 of the Northeast 1/4 of Section 33, Township
7 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more
particularly described as follows:
Considering the East line of said Northeast 1/4 as bearing North 00°00'00" East, and
with all other bearings contained herein relative thereto:
Beginning at the East 1/4 Corner of said Section 33 thence along the East line of the
said NE1, -Ydbrth 00°00'00" East, a distance of 546.29 feet; Thence North 50°58'00"✓
West; a distance of 303.66 feet;" Thence North 43°53240" West, a distance of 102.89
feet; Thence North 31°20'00" West, a distance of &07� feet; Thence South 58°19'00"
West, a distance of 281.93 feet; Thence South 86°47 45" West, a distance of 2,057.62
feet to the North—South Centerline thence along the said Centerline South 00°02'12"
West, a distance of 788.79 feet to the Center 1/4 Corner; Thence along the East—West
Centerline North 86°47'45" East, a distance of 2,661.91 feet to the East 1/4 Corner
and the TRUE POINT OF BEGINNING.
SUBJECT to a 30 foot county road right-of-way, and,
SUBJECT to all other rights-of-way, easements and restrictions as now in use or of
record.
Said parcel contains 47.85 acres, more or less.
a. bruce
JOHNSON t ASSOCIATES 801 8th Street — Suite 220
LAND RESOURCE SPECIALISTS Greeley, Colorado 80631
(303) 356-6110
March 31, 1988
Department of Planning Services
915 10th Street
Greeley, CO 80631
To Whom It May Concern:
1) Attached is an Application for Subdivision Exemption on prop-
erty currently owned by J. Gale Moody, Lot "B" and described in
Recorded Exemption No . 0707-33-1-RE1011 being part of the NE4 of
Section 33 , Township 7 North , Range 66 West of the 6th P.M. and
land currently owned by Wesley E. and Donna G. Hollister
described in Schedule A attached to Application. Enclosed is a
check in the amount of $256.00 payable to the Department of Plan-
ning Services to cover the Application and recording fees .
2) A Certificate of Conveyance is enclosed from Transamerica
Title of Greeley .
3) Enclosed are copies of Deeds on the respective properties .
4) Subject Application is submitted for the purpose and reason
of :
a) Hollisters will continue to reside in the improvements on
their 35 Acres but request to purchase part of Lot B;
b) Allow Moodys to sell part of the adjoining field (Lot B) ;
c) The property line of the proposed split is recommended due
to the historical flow of irrigation water , neighbors' irrigation
ditches and to square up the property. Access easements on
existing field roads were also taken into consideration to allow
parties of each lot to access and operate their respective lands .
5) This proposal is consistent with the policies of the Weld
County Comprehensive Plan for the following reasons :
a) - The farmland of the existing farm will remain as farm-
land ;
b) There will not be an increase in residences ;
i
Colorado-Nebraska • Farm & Ranch • Water
Appraisals • Sales • Exchanges • Minerals • Consulting
• •
Department of Planning Services
Page Two
March 31, 1988
c) This change does not promote business or industries in
the existing Agricultural Zone ;
d) The proposed change in Lot B will not allow the con-
struction of another residence ( in addition to what is presently
allowed) . This split will not materially reduce the productive
capability of the existing farm. The same number of acres will
still be farmed , none will be taken out of production ; and
e) Paragraphs 4 through 13 of the Agricultural Policies do
not apply to this Amended Recorded Exemption Application because
they apply to the development of subdivisions , mineral extraction
and disposal sites .
6) This proposal is consistent with the Agricultural Zone Dis-
trict because the farmland will remain as farmland and the farm-
stead will remain as a rural residence . A new residence may be
constructed on Amended Lot B . The uses of Amended Lot B will
neither interfere with nor be incompatible with the neighboring
Agricultural Zone for the above reasons .
7) The uses of Amended Lot B (a farm) will remain the same as it
presently is . The use of the proposed change in the 35-acre
(increased to 47 . 94 acres) parcel will remain irrigated farmland
and a rural residence , which is the same as the land to the
north , south , east and west of subject property. The proposed
change in Lot B (decrease from 75. 32) is consistent and compat-
ible with existing surrounding land uses (acres to 62 . 38 acres) .
8) The uses permitted in the proposed change in Lot B will be
compatible with future development of the surrounding area as
permitted by the existing Agricultural Zone and with future de-
velopment as projected by the Comprehensive Plan of Weld County .
The lot is within a three mile radius of Eaton , Colorado .
9) The proposed split , in my opinion , will not be inconsistent
with efficient and orderly development of the immediate surrounding
properties .
10) The 35-acres lot has an existing North Weld water tap and
operating septic system. Lot B has been previously granted a
North Weld water tap and operating septic system (see original
application) .
11) Subject property is not located in a flood plane , geologic
hazard , nor the Weld County Airport overlay district .
12) The Sketch Plan Map is attached for visualization of the
proposed change in property lines .
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• • •
Department of Planning Service
Page Three
March 31, 1988
13) When the Subdivision Exemption is approved , a plat as
described in your Subdivision Exemption Procedural Guide will be
submitted to the Department of Planning Services for recording by
the Weld County Clerk and Recorder .
14) Attached is a Power of Attorney form authorizing me to make
this application on behalf of the owners .
15) Please send 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 .
Thank you for your assistance in this matter !
Sincerely ,
A. BRUCE JOH ON
ABJ/sc
Attachments
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' Vi � - B 1093 REC 02034152 12/02/85 16t53 g ' -
I' AR2034152 56.00 1/002 /, ,) ,7
J�"r - F 1680 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO , •J. ` t t
' WARRANTY DEED -�'
RP.C()RDER'S STAMP a
THIS DEED.Made this 26th say..I November .19 85 ;, \ - .
hetwren State Documentary Fe* I' t. f
re • •
J. GALEtiJODY Dote gF•j`_-? L iil
�: 1 ii• ul the said 'Count>of Weld ant,State of $% I 5
Colorado.granion s),and
' WESLEY E. H)LLISTER
ty •
DOtAA G. H0LLIS ER ,
in joint tenancy ,,
whne legal address is 36501 Weld County Road 31; Eaton, Colorado 80615
Doc
Fee:
$8.50 of e. said emits m r held and Slate oI Colorado.grantees. •
IA I NI:SS.that the grantor's)lurand in c'moderation ul the sum it EIGHTY FIVE THX1SAND--- IX RLARS.
or) the rice ipi and sul linen‘)ul Is hish is hen h> alts,.lodged.has granted.barges ed.mild and emegcd.and by these presents _
bx,. dues grail.hng.n'.sell...nnq and eunhrm unto the grantee..then heirs antl assigns loner.not in tenant'in common hut ' „...i
-IN in lint torunp.all Ilk;teal pu.p,I'together moll unpr,nemems.d an'.inane.lying and hang in the said Count 1
at Weld and Slate of Colorado.described as toll,...,
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•1 ,
,4ATTACHED SEE EXHIBLIT "A" ATTACHED HE e10 'I , • -
K,( F
1
41
dk y, , also l n h meet and number as 36501 Weld County Road 31; Eaton, Colorado 80615
a Ii •7lX E11(FR a illy all and singular the hereditament.and a nenaces!hereunto belonging. - II a
ppu R st or in anywoc appertaining.
• I man rt and Aversions.remainder and remainders.rents,issues and profits thereof.and all the estate,right.title,interest.claim and
pVw, -, I I demand whalsotAtr o in f the grant n.either in law or egmry.re w the f.in and to the aline bargained premises. oh hcreditamcnrs and II
qt. a appuncnanees. i, M
' TO IIAVE AND'IO III 11D Ow said premises abase bargained and.Iwnhd.with the appurtenances.unto the grantees their heirs ,1 .^ - a 1
m, anal assigns Is cr And the!tannin.) Ion then selves their hors and personal representatin-s do es a n-rrant. If
• i; grant.hngun and agree m and with the grantees.their heirs and assigns.that at the time of the enaaling and delivery of these it
.4 presents he Os w-Itw',,ed"I the premises ahnecompcd.has goad.sure.perfect.absolute and indefeasibly estate ''
I •
ofinhe thane...use law.in Ice supple.and ha s good right.lull peer and law rut aahriry hi grant.bargain.sell and comes the same in
' s . manna and hash ahncsa sl.and that to VIII,are Inv anal clear Item all tom er and other grants.bargains,sales.liens,Lots,
tiasw.snnvns.eneumbrmres real h•nmi too cat w hatner kind 01104000 n+er.w eseep the 1985 general property •.
• II taxes which are due and payble in 1986 and all subsequent years thereto; and II '
•7.4 e19•ept for any and all reservations, restrictions, oovenants, condlitions,•*** it
and IA.above bargained premises in the quiet and peaceable possession of the granh<s.X. .heirs and assigns.against all and every II
: , perm or persons law lully claiming lino clam the%hole or an pan thereof.thcguntons I shall and will WARRANT AND FOREVER
DEFEND.
IN WITNESS WHEREOF t racoon;l ha e'ceured this deed on die date set Forth shoe.
****easements, and/or flits
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)g of way of rr..,vrd. - M30DY� 1
. d . • ..
tic},r' STATE OF COLORA[X)Conn')of Weld ss "
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z, The h"ep,ing instrument was aknoa legged hefts me in the said County of Wahl - ,State • .
or c,d,ab.this 26th awe; November ,19 85 ,by J. Gale Moody- '
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4
My commission expires July 25, 7 .19 .witness tope apt W$cW"4. }
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,' `B 1093 REC 02034152 12/02/85 16:53 b6.J0 2/002
F 1681 MARY ANN FEUERSTEIN CLERK i RECORDER WELD deg) r
•
EXHIBIT " A "
A tract of land situate in the Sh of the NEh of Section 33,
Township 7 North, Range 66 West of the 6th P.H., being more
.*..c particularly described as follows:
Considering the East line of said NEh as bearing N00'00'00"E,
and with all bearings contained herein relative thereto:
Beginning at the East h corner of said Section 3
; , thence along the East line of the said NE., o0000'00`E,
a distance of 546.29 feet;
thence N50'58'00"W, a distance of 303.66 feet;
thence N43.55'40"W, a distance of 102.89 feet;
thence N31'20'00"W, a distance of 107.07 feet;
y thence 558'19'00"W, a distance of 281.93 feet;
7..' thence S05'42'00`E, a distance of 270.41 feet;
' thence 586'47'45"W, a distance of 2,084.69 feet;
J., to the N-S Centerline; ---
thence along said Centerline 500.02'12"W, a distance of
518.20 feet to the center h corner;thence along the E-W Centerline N86'47'45"E, a distance •
P of 2,661.91 feet to the East h Corner and the —
',!• TRUE POINT OF BEGINNING.
R
r ,. TOGETHER WITH ONE (1) SHARE OF LARIMER 5 WELD IRRIGATION COMPANY
P AND DITCH RIGHT
is
',
EXCEPTING AND RESERVING THEREFROM ALL OIL, GAS, AND OTHER MINERAL
.
,' RIGHTS NOW OWNED BY GRANTOR
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