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WEL COUNTY COLORADO
,.
For Action To County Commissionersp,te 11 /:1/72
For Info To Your Action Or Reply Is Required
Subject: Subdivision exemption On Or Before
James H . Bearly wishes to withdraw his
application that, he submitted for an
exemption for a tract of land from the
Subdivision Regulations , located in the
NEa of Sec 5 T4N R68W.
RESOLUTION
WHEREAS, James H. Bearly, has submitted an application for the
purpose of exempting a tract of land described as follows, to-wit:
A tract of land located in the Northeast Quarter (NE4) of
Section Five (5), Township Four (4) North, Range Sixty-
eight (68) West of the Sixth P. M. , Weld County,
Colorado, all as shown on plat marked Exhibit A and made
a part hereof by reference,
from the definition of "Subdivision" or "Subdivided Land" pursuant to
CRS 106-2-33, 1963, as amended, and
WHEREAS, the petitioner withdrew his application requesting
such exemption of the hereinabove described land, and
WHEREAS, according to CRS. 106-2-33 (d) 1963, as amended,
said request for exemption may be granted by the Board of County
Commissioners, Weld County, Colorado;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, that because the petition of James H. Bearly requesting
such exemption of the hereinabove described land was withdrawn, there
is no question before the Board to decide; consequently, the situation is
moot and the application is denied.
Dated this 8th day of November, A. D. , 1972.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
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Cl�k of the Board
By: /,,, /2"1„,,,,/ Deputy County Clerk
APPROV D AS TO RM:
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County ttorney
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The owners of the following described property have requested
an exemption from Section 2-1 of the Weld Counted Subdivision
regulations adopted September 1972 which defines the term
subdivision
SEE ATTACHED SURVEY ADO
COUNTY OF WELD SS.
Filed with the Clerk of the Board
• of County Commissior^-s
OCT 181972
ftvt.1�-7,
COUNTY CLERK ANO RECOROER
a Deputy
The Planning Department has reviewed this request and recom-
mends that the request be DENIED for the following
reasons : ---.—.-.____.� •._
DOES DOES NOT
X Regui re water
Require sever
X Create traffic problems
X I Fall in flood plain
i
■ X Agree with Planning Commission Policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
The land i'.i question is one of at .least five parcels split from the
East half of the Northeast quarter of Section 5, Township 4, Range
68 since Dec. 21, 1970. The continued subdivision of land in this
area in a piecemeal fashion may lead to road, water, and sewer pro-
blems, and conflicts with agriculture in the future.
There is no existing public access to two of the proposed lots.
The Minor Subdivision procedure is available for two-lot splits. If
more than two lots are desired, the full subdivision procedures
should be used to insure that the above-mentioned problems are ad-
equately met.
1"6. 241-""La-_,
G y Eastman
Planner _
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WEST & WINTERS
Attatneys at -Caw
WILLIAM L WEST P. O. BOX 127
JERRY D. WINTERS UNITED BANK BUILDING
1000 TENTH STREET
GREELEY. COLORADO 80831
October 13 , 1972 —
PHONE 303 _ 382-4808
ADO
COUNTY OF WELD s5.
Mr. Glenn Billings , Chairman Filed with the Clerk of the Board
of County Commissinr 0,s
Weld County Board of
County Commissioners OCT 1 61972
Weld County Court House r-' ,,,) .G_ ^ "__ ,
Greeley , CO 80631
COUNTY CLERKAND RECORDER
ey, , Deputy
Re : James H . Bearly
Dear -Glenn:
This letter is written to request an exemption from the provisions
of Senate Bill No. 35 , pursuant to C . R. S . (1963) 106-2-33 (3) (d) , as
amended.
The situation as I explained to you and with which I believe
Mr. Ashley is familiar , is this :
Mr . Bearly is the owner of property located in Weld County , a
copy of a map of his property being enclosed herewith. Mr. Bearly
entered into an Agreement with Mr . Leo V. Gormally , under the terms
of which Mr. Gormally was to build a house for Mr . Bearly on the
North 5 acres of Mr. Bearly ' s property. Mr. Gormally would then
trade the house to Mr. Bearly for the remaining 10 acres , it being
Mr. Gormally ' s intention in order to come out on the project that
he would divide that remaining 10 acres into two 5-acre parcels and
would build a house on each of those parcels . We believe that this
request for exemption does not violate in principle , Senate Bill No .
35 . I do not find a purpose clause in C . R. S . , Chapter 106 , Article II ,
but C . R. S . 106-2-14 does set forth some considerations regarding the
public welfare , etc. We believe the granting and exception in this
case does no violence to that provision.
We have adequate water , a copy of a letter from the Little
Thompson Valley Water District is enclosed , and we have contacted
Mr . Glenn Paul and he advises us that the soil situation is more
than adequate to take care of 3 septic tank systems .
We would very much appreciate it if you could take this matter
up at your earliest convenience , and would hope it could be taken
care of at your meeting on October 18 , 1972 .
Very truly yours ,
WEST & W NTE`RS _I
m. ,3� West
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BOUNDARY SURVEY OF A PORTION OF
THE NORTHEAST QUARTER OF
v • SECTION 5, TOWNSHIP 4 NORTH,
• RANGE 68 WEST OF THE SIXTH
Q' PRINCIPAL MERIDIAN IN THE
its
V. V COUNTY OF WELD, STATE OF
COLORADO
•
CLIENT: James H. Bearly
R R 1, Boa 154
Loveland, Colorado 80537
KRUBACK
ENGINEERING • SURVEYING
filede.gele-daS 2sj7f . 883 CLEVELAND AVE.
® .✓es,fr `� 6 ��.s O LOVELAND, COLORADO
iron-A,4/e-wey- August 28th, 1972
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LITTLE THOMPSON VALLEY WATER DISTRICT
DIRECTORS:
DEAN G.ANDERSON �
LOOTS F.BEIN
ALBERT J
EFFER5 TELEPHONE 532-2096
J WALTER
,wwLTEq gwnKiry A J0]WELCH AVENUE
GEORGE A.WALKER _ DRAWER G
MANAGER:
BERTHOUD,COLORADO 00516
LOVILO N.FAGNN
September 14, 1972
J. H. Bearly
Route 1, Box 154
Loveland, Colorado 80537
Dear Mr. Bearl.y:
The Little Thompson Valley Water District will be able to supply
two additional taps on property owned by you in Section 5, Township
4 North, Range 68 West upon receipt of tap fee, if you will construct
an adequate line at your expense to the points of service.
Very truly yours,
LITTLE THOMPSON VALLEY WATER DISTRICT
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Lovilo H. Fagan, Ma6ager
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SRF RECORDED EXEMPTION 1061-5-1-RE 19 FOR APPROVAL OF A RECORDED EXEMPTION
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