HomeMy WebLinkAbout760381.tiff RESOLUTION
WHEREAS, it has been determined by the Board of County Com-
missioners, Weld County, Colorado, that Betty J. Smith, Erie, Colorado,
is the owner of approximately 11. 013 acres of land located in a part of Lot
10, Scott's Acres in Weld County, Colorado, and located about 3 miles West
and 1 mile South of Dacono, Colorado, and
WHEREAS, Betty J. Smith is desirous of selling 5 acres of this land
and keeping approximately 6 acres, more or less, unto herself, and
WHEREAS, it appears that to accomplish said sale, Betty J. Smith
may apply for a recorded exemption from the subdivision regulations of
Weld County, as the same is defined in Section 9-4 of the Weld County
Subdivision Regulations, and
WHEREAS, in addition to evidence presented by Betty J. Smith, the
Weld County Planning Commission Staff has presented evidence and made
representations concerning the desirability of granting said variance, and
WHEREAS, the Board of County Commissioners feels that when all
of the evidence and representations are considered, good cause for granting
a variance as requested from the minimum lot size requirements of the Weld
County Zoning Resolution has been shown.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the powers
granted to the County under Title 30 C. R. S. 1973 and Section 9-4A (6) Weld
County Subdivision Regulations, as amended; that Betty J. Smith may proceed
to apply for a Recorded Exemption and the lot size variance is conditioned
on the applicant applying for and doing all necessary to obtain said Recorded
Exemption within one year, and said variance is limited to Betty J. Smith and
will terminate if she sells or otherwise discontinues her interest in the above
mentioned land prior to obtaining approval for and recording the above
mentioned Recorded Exemption.
Dated this 19th day of May, A.D. , 1976.
BOARD OF COUNTY COMMISSIONERS
/ WE D COUNTY, COLORADO
ATTEST: `— g / 11.;..krie
Weld County Clerk and Recorder (
and Clerk to the Boar
BY s ��t�u� h `� JC:
/
/ Deputy Co y Clerk I
/ /
A�PROV�D AS O FORM f` .a',7d ' ""
I
Special LegaaCounsel
760;381
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4
RECEIPT FOR CERTIFIED MAIL-31k (plus postage)
SENT TO POSTMARK
Betty J. Smith OR DATE
"CrSTREET AND NO.
g.
8512 Peak View
P.O., STATE AND ZIP CODE
ria _ rn Rns 5/20/76
A
P ION L SERVICES FOR ADDITIONAL FEES
Ct RETURN t Shows to whom anddate deli
RECEIPT ' With delivery to addressee only 550
SERVICES 2. Shows to whom,date and where delivered.. 350
With delivery to addressee only 55Q
• _ DELIVER TO ADDRESSEE ONLY SOO
O SPECIAL DELIVERY (intro fee required)
�z PS Form NO INSURANCE COVERAGE PROVIDED—
Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL fS17 dh., •-454
C GPO;1979 O-55I-454
411 4 OFFICE OF THE PLANNING COMMISSION
may. GARY Z. FORTNER
DIRECTOR OF PLANNING
agsma
TIN PHONE (303) 353-2212 EXT.227,228
1516 HOSPITAL ROAD
GREELEY,COLORADO 80631
C.
COLORADO
May 14, 1976
Board of County Commissioners
Weld County, Colorado
1516 Hospital Road
Greeley, CO 80631
RE: Lot Size Variance #29
Dear Commissioners:
The attached materials are in reference to a request by Betty J. Smith,
for a lot size variance on part of Lot 10, Scott's Acres which is
located about 3 miles west and 1 mile south of Dacono. Mrs. Smith is
seeking approval of this lot size variance so that she may apply for a
recorded exemption on the same parcel of land. The subject property
contains 11 .013 acres with one set of improvements. The request is to
split the property into parcels of approximately 5 and 6 acres. Mrs.
Smith would retain the 6 acres with the improvements and sell the re-
maining 5 acres for a building site. Mrs. Smith stated this request
is being made due to financial hardship.
Based upon the information submitted, the Planning Commission staff re-
commends approval for the following reasons:
1 . The request is in conformance with the intent clause of
the recorded exemption procedure (Section 9-2 of the Weld
County Subdivision Regulations). Said clause states:
"The intent in establishing the Recorded Exemption
procedure is to provide, in accordance with the Weld
County Comprehensive Plan, a means whereby non-pro-
ductive agricultural lands may be developed for
higher or more productive uses, in-so-far as such uses
are compatible with surrounding agricultural uses in
areas where such land divisions are proposed. (Rev. 4/17/74)"
WELD COUNTY COMMISSIONERS
JUNE STEINMARK VICTOR JACOBUCCI
NORMAN CARLSON GLENN K. BILLINGS
ROY MOSER
Board of County Commissioners
Play 14, 1976
Page 2
This request would develop non-productive agricultural land
for higher and more productive use and said development would
be compatible with surrounding uses in the area.
2. The request is in conformance with the Weld County Comprehen-
sive Plan. Said plan states that developments that utilize
non-productive land will be encouraged. This request complies
with that statement.
3. The granting of this request and a subsequent Recorded Exemption
would create parcels which would be comparable in size to most
of the existing lot sizes in Scott's Acres.
R:sp tfull ,
OA
T omas E. Honn
Zoning Administrator
TEH/km
pmr
Enclosure
Be«y J. Smith
8512 Peak View
Erie, Colo.,80516
Mr. Tom Honn
Weld Coumty Zoning Administrator Feb. 11,1976
Greeley, Colo.
Dear Mr. Honn,
I am writing to you in regards to the discussion you had with Dick
Weigang of The Pratt Agency, February 10, in hopes you will help and
advise me on how I can split off 5 acres of my land; I have 11.2 acres.
Enclosed you will find the legal description and a photo stat copy of my land and the
way my house, well, septic and leach field are situated on the land.
The shaded in area is what I would like to split off.
I have been told if I hired a lawyer for about $800.00, or filed a
subdivision application of some kind for about $2500.00, I might get
this done. I do not have the money to hire people to help me, so I am
asking you to please let me do it myself. I will do everything legal,
and file all necessary papers.
I have talked to my Mortgage Company and they said first I need Weld
County permission to split the land, then the Mortgage Company will send
the necessary papers to VA to see if they will give me a partial release
of the property on my loan. So you are the first step in a long process
I know I will have to go through, but I must try this so I can keep my place.
I am sure you are probebly not interested in my problems, but I would like
to breefly explain why I am trying to split my land.
I have two young teenagers, and have been divorced for about three years.
I was laid off of work for over two months last year, and finally took a
job at a much lower pay scale than I had been earning, but I am working;
also I am 41 years old so I cant keep switching jobs.
I had our home for sale for three months last fall, but the children were
so upset at the thought of moving I ask the Realestate Company to take if
off of the market, and I got a second job. Even with two jobs I cannot get
caught up because of the economy.
I have talked to Farmers Home Loan about a new loan, and they cannot help
me. I have talked to two banks about a second mortgage but the payments
would be to high.
I love the area in Weld County where we are, and my children have begged
me to try and stay so they can finish school with their friends; also I
am a Deputy Marshal for Erie part time, and I wish to keep this job.
So you are my last and only hope , so we can stay in Weld County; if you
can!t help me I will be forced to sell our home.
Please note that the distance between a second home, well, septic and leach
field would not be anywhere close to my present home or the closes neighbors
home.
I would like to meet with you and the Commission to talk about this. Please
try to help me. Thank you for your time.
Sincerely,
Bety J. Smith
8512 Peak View
Erie, Colo. ,80516
Board Of County Commissioners
May 4,1976
Weld County
Health Dept. Bldg. 16th.
Greeley, Colo.
Dear Sirs:
This is to request
1 Lot
Z and wish to se1 5 acres
evariance
nl land
�cottts
Acres. I have
To keep my home in Weld County, I find it financially necessary
to try and sell off some of my land, so I wont have to sell my
home. I was laid off of work for o caught monthsback last year and
because of the economy I cannot get ow
My children and I want to stay livin here, but unless I can
split off the 5 acres I cannot afford to do so.
Please help me in this 1?later, and give my case consideration
so I can file for a Recorded andt
ion.
Sinc.�rely ��
T3etty'J. Smith
i
CLK E:4-=mod -_J i'l C=L - iY"
r 26 it Y 1 mil.! C1- &1
0
May 4,1976
TO WHOM IT MY CONCERN
This is to state that the property owned by Betty J. Smith,
consisting of 11.013 acres, in Scott's Acres, in Weld County,
as part of Lot 10, does have water available by a well.
There is one well, for domestic use only on the property at
this time, and if Mrs. Smith split off the north 5 acres of her
property there is still plenty of water for another well, for
domestic use only.
Most wells in this area are about 600 feet deep, and there is
plenty of water at this depth.
George W;,neka & Son Drilling Co. ,
M.6017.0 - 1 \iC Aa,
cn 1
Vi,lc 9ck�
Betty J. Smith
8512 Peak View
Erie, CO 80516
April 13, 1976
Mr. Tom Morin
Weld County Zoning Administration
Greeley, CO 80631
Dear Mr. Honn,
Enclosed you will find copies of my correction Deed on the legal des-
cription of my property, and the Quit Claim Deed putting the property
into my name.
I'm sorry I did not send the Deed copies with the other photostat copies
of my property in my letter to you of February 11, 1976.
Sincerely, '
`
Betty Jt Smith
cSi
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�4- ji C; .NnVOID
'Y/
r . J �MMAR 7 1574
Recorded at / . o clock �t�
Rec. No.
1631593 S. Lee shehee, Jr., Recorder
--%_ BOOK '
'" l JAN 9 1974 /
Li ty(� Recorded at o'c'clock... _11., /q
Cat 06 lG22.9fi .. 2.14.1^innf v';' 45' ` ' �'ti.�"" Recorder. ,N�,•rur-c.
Receptnon No...._-...
F
I THIS DEED, Made this 4th day of January , lo74 ,
between Leland F. Smith of
(.7.
of the County of Adams and state of
,:_) Colorado,of the first part,and Betty J. Smith
'CJ of the County of We 1 d and state of
nn, Colorado,of the second part,
WITNESSETII, That the said part y of the first part,for and in consideration of the sum of
Ten and 00/100 DOLLARS,
p-, to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof
el .,.... .. .-...._ J
is hereby confescod and aelrnowledged, hx S rem:eed, IAro.c:, ;.:;P, cc:Am-yea .c,d Qr.,, „LAIidED, arm try j
O these presents do es remise, release, sell, convey and QUIT CLAIM unto the said party of the second part,
her heirs, successors and assigns,forever, all the right, title, interest, claim and demand which the said
-‘ part y of the first part ha S in and to the following described lot or parcel of land situate, lying and
being in the to.Comity of Weld and State of Colorado,to wit:
That part of -Block 10, Scott' s Acres , in Weld County, Colorado
ON described as follows : Beginning at the Southeast corner of
t said 8-l-oclef10, on the South line of the Northeast Quarter of
:c Section 9, Township 1 North , Range 68 West of the 6th P.M. ,
—' in the Weld County, Colorado, which point of beginning lies
766. 12 feet West of the East quarter corner of said Section
9; running thence West along the South line of said b-}ack4c*
. a 646.8 feet more or less to the centerline of a ten foot
i_? easement owned by Mountain Bell ; thence North 00 degrees 02
minutes West alone said easement centerline 741. 7 feet more or ��
less to the North line extended West of the aforesaid 6-1-orkLo#
10; thence Lasterly along said North line and parallel with
the block 's South line 647/05 feet more or less to the North-
east corner of said bock thence South 00 degrees 05 minutes
West along its East line 741.7 feet more or less to the point
i L of beginning , IXCEPT that part there•ui at the dur'thwest II
corner that lies in the public highway, together with the
`Ls improvements thereon.
. en 10Scotts Acres,
.r,�iri lllJi "i'1 To correct C".tSC.' l,!i .... O :1^'"1` to Lot ��
��
same d scT pt.r o 1 ab VC. --
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
',.i belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
I
_,i party of the second part, her heirs and assigns forever.
' " IN WITNESS WHEREOF, The said party of the first part ha s hereunto set his hand
,N and seal the day and year first above written. / ;
E.•2 !l.t.,'C_Smith .. _! S..Z (771- [SEAL]
o -ttelano F.
o Signed,Sealed and Delivered M the Presence of
[SEAL]
[SEAL]
i_
i— [SEAL]
c>c
STATE OF COLORADO, j
es.
County of Adams I�
The foregoing instrument was acknowledged before ma this
4th day of January ,
19 74 ,by Leland F. smith.
My commission expires Aug. 18, , 19 77.Witness my hand and official seal.
- b y \ NotaryPublic.
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r-" a/'�Kp Recorded at dJoek- �.M., _ ` s
-7- 708 Reception No. 1629.146 ..i.LG :`{f'1i.i;, JR.. Recorder.
4-1
IIECOJiDEWS STAMP
�i IIHu: DEED, Madesepia 23rd day o£ August ,
19 72,between
1
u
e EARL L. GREEN AND BERNICE GREEN
f
of the County of Bo tilde r and State of
Colorado,of the first part,and 9I / �
� ) • 6(4w
iz HAND P. SMITHAML'1SY9Y .T. SillCti 2� U��i✓ f
u
County of We I d and SL ate of Colorado,of the second part,
_ of the i DOLLARS, PWITNESS?=',TH, that the said part of the first part,for and in consideration nf the .ul:���
to the said part of the first part in hand paid Lv the said parties of the second part, Ow receipt whereof in !i
hereby eonfc-seed and acknowledged, lin granted, bargained sold and conveyed,and by these presents do I
,-,, grant, bargain, ,dll, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not I
in tenancy in common Lot in joint tenancy, all the following des:ribed lot or parcel of land, situate, lying and '
being in the County of Weld and State of Colorado, too wit;
Wi .
I
r-n SEE LEGAL ATTACHED PAGE.
L.1-•
CORRECTION DEED. NO CONSIDERATION REQUIRED.
ll•\/l
TOGETHER with all and sings1 r She hereditament: and appurtenances theses ato belonging, or in anyw ice
appertaining, the rr.vorvon end ne..-rlrns, remainder mil rerlaindeis, rents, issues and pro:P.. the rear; and all the
estate, right, Htle ;pierced, claim and demand haulm ver of Lr said amts-e':; of part., either hi saw or
equity, or, in and to the stove bargained premises, t Ith the her xlitunents and appurtenance,.nances
TO RAVE AND TO HOLD tie said premises above bargained end described.',cifh the al Pn, imilees, unto the said
I.
parties of the se_ : i p:sirl., their heirs and assigns forever. And Lill' s,dd part i(Pt of Lh, first pal I, for I Iignl
sal yen; heirs,, executors, and admioistgators do <r vem,nt., grant, bargain and agree to and with the.,
said parties of the sec cod part, their heirs and assigns, that at the time of the ens ali p and delivery of them pres
ents they are well seized of the premises ahoy conveyed, as of good, sure, perfect,•t, absolute and indefeasible
estate of inheritance,in law,iu fee simple, and ha ve good right, full power and lawful authority to grant, bar,
gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sal,,s, liens, taxes, assessments and encumbrances of whatever hind or nature soever.
except the 197E General Taxes, all subsequent taxes , easements , reservation,:,
and resbrictions of record.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their ;;
'i heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or an tart thereof,!.,
l!I the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said parts y`. of the first part ha hereorte net s/•,c_Land and!!
seal t- the day and year first above written. —
Signed,Sealed and Delivered in the Presence of �" ` �—
._,... ::.-,; .. ..v.._.�. _--.....[SEAL]!I.
'c ., [SEAL]!I
I� ---._ _—.-_ ---__..� EARL I. GREEN
I' ,..---.. ._-..._.__ _.. ... BERNICE GREEN
I
[SIAL] '
STATE OF COLOR.I DO, 1
sal
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�e( f�fl ,lay of J•I10
�}2�e,,.po,.c�e°(.lUir g iratrnr s..L w ss a�lenowlcdged before me this -
1Q... I/4)080C'
p;uy- =
0800' G a ao ��
r,,'My comm$sl n expires ,� , , , S, ,19,' '. Witness my hand arid official seal. !r•O 111
j �reC`
i
Notary Public!
it
No.921. WARRANTY istED To Joint Tenants.--Bradford Publishing Cu 1824-46 Stout Street,Denver. rut ci 5-73 ,
*If by natural pens n or persons here Insert name or names; If by person acting in r,fry ensative or offalai capacity or as
attorney-in-fact. llcr i soot natl., of pereon as executor. attorney-in-fuel of other etteseity or description If by officer of cor-
poration. then va 1 Tunis, of such officer or officer a the president or other r ill jeers of such c,rreira.tmn naming It—Statutorml
Acknowledgment, sr'. iI4-b-n Colorado l.,ve..I St J 1
71)8 1629746
- z
LEGAL DESCRIPTION
That part of Lot 10, Scott's Acres, in Weld County, Colorado described as
follows: Beginning at the Southeast corner of said Lot 10, on the South line
of the Northeast Quarter. of Section 9, Township 1 North, Range 68 West of the
• 6th P.M. , in Weld County, Colorado, which point of beginning; lies 766.12 feet
West of the East quarter corner of said Section 9; running hence West along the
South lino of said hit 6)16.8 feet Trope or less to the centcrlins of a ten
foot er ament owned by Mountain Bell; thence North 00 dei 'cue ; 02 minutes West
along saiA easement centerline 741 .7 feet more or less to the North line
extended West, of the .r f or e,aid Tot 10; thence T rrsterl,y along said North line
'end par i In] with the lot's South I ion (217.05 feet; more or less to the Northeast
conics of ,uid lnt :. t6T,ne6 o Lt 00 rl Tees 05 rrinuto W <t. ilnrr{ ltn T2,a6t;
lion fill j feet, morn or i - to the point of beginninr I ,X(lTT drat pert thereof
r.L the Northwest rnr•n<•i' flea£. lien in the public highway.
This deed corm cts leap ol. description of deed dated 6/;'8/72 ,end recorded 8/70/72
in Rook 673, Reception No. 1596257, Weld County Records.
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IL.L.T.11. COXIMi MENT
FORM 3363
SCIIEDRJLE C
Number (13-72-2(
•
The land referred to in this Commitment is described as follows:
Lcl
That part of B1eeL 10, Scott's Acres, in Weld County, Colorado described as 1
follows: Lieginninr at the Southeast corner of said l 13, on the South line
of the ::ortheact (unrter of Section !, Tu6rIship 1 north, i.a!r,e t.; West of the
0th P.;;., in Veld County, Colorado, which point of berinniug lies 7.6.12 feet
West of the Last quarter corner of said t;ection runnioc' thence West along: the
South line of said bt 646.3 feet :Jere or lush to the centerline of a ten
foot ease:::ent craned ty '_ountair Nell; thence _.ortu CU decrees u2 his-lutes
blest alone said ease .cnt centerline 741,7 feet core or less to the .,orth line of
the aforesaid AEYtk 10; thence . easterly aline:, said ;orth line and parallel with
the 7ilos South lino 6466.3 f--net more or less to the hort'..east corner. of said
-16)- :; thence Smith 00 degrees e5 ninute, West alon<- its last 1i; e 741.7 feet
gore or less to the point of Le;,innin , i, :C_,fT that part thereof at the .,orti,w'est
corner that lies in the public hlrl!wa .
•
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LAW
2.
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FIELD CHECK
FILING NUMBER
NAMES rti
REQUEST 1 o4" ,1
LEGAL DISCRIPTION n /D / Scc n 's AC' rr S 'tea"'+ Sec_q
LAND USE N A — � S art -r/.) IQ6reo
E q — Res -
S _
W PE'S 1'cArt
ZONING N
LOCATION S en( 10 a, dC E
1 PA ' S , CST- )-.) arern� S
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COMMENTS : •
.✓ I (f.Q�I.C.�-c 'vv1.r�q_...pp__j/ Del tiP __ te11
/771 BY 47/)10)741(;17, �t)-YvV0
r , OFFICE OF THE PLANNING COMMISSION
. - GARY Z. FORTNER
DIRECTOR OF PLANNING
'a PHONE (303) 353-2212 EXT.227,228
• 1516 HOSPITAL ROAD
GREELEY,COLORADO 80631
D It Ilk 61 COLORADO
May 12, 1976
Betty 3. Smith
8512 Peak View
Erie, Colorado 80516
Re: Rega?st for a lot size variance on Lot 10, Scott' s Acres
Dear Mrs. Smith:
The necessary materials for the above described request are complete.
I have scheduled the hearing before the Board of County Commissioners
for Monday, May 17, 1976 at 9:00 A.M. in the Commissioner' s hearing
room, second floor, Weld County Health Services Building , 1516 Hospital
Road, Greeley, Colorado 80631 . It is recommended that you or
a representative be present to answer any questions the Roard might
have.
Respectfully,
'1- %, , , _
Ken McWilliams
Assistant Zoning Administrator
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WELD COUNTY COMMISSIONERS
JUNE STEINMARK VICTOR JACOBUCCI
NORMAN CARLSON GLENN K. BILLINGS
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