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HomeMy WebLinkAbout780433.tiff RESOLUTION RE: GRANT OF BUILDING PERMIT FOR PROPERTY LOCATED IN THE S1 OF SECTION 21, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. 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, pursuant to Section 13. C (1) , the Board of County Commissioners of Weld County, Colorado is authorized to issue building permits for construction on land divided in violation of the Weld County Subdivision Regulations, and WHEREAS, it has come to the attention of the Board of County Commissioners that the issuance of a building permit is justified on the following described real estate, to-wit: A tract of land located in the South ? (S1) of Section 21, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, being more particularly described as Beginning at the SE corner of said Section 21 and considering the South line of said Section 21 as bearing South 89°31'31" West, with all other bearings contained herein relative thereto: thence South 89°31'31" West, along the South line of said Section 21, 1955.55 feet to the true point of beginning; thence South 89°31'31" West, along the South line of said Section 21, 1291.50 feet; thence North 00°19'40" Fast 834.67 feet; thence South 88°20'53" East 216.56 feet; thence North 63°20'08" East 305.54 feet; thence North 70°42'37" East 504.81 feet; thence North 63°06'46" Fast 367.83 feet; thence South 00°19'40" East 1287.96 feet to the true point of beginning; together with a Right-of-Way over and across the north of the adjacent 10 acres to the west of the above described real estate, to deliver water to the above described land, with the right of ingress and egress to maintain irrigation ditch and headgate. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that a building permit may be issued on the above described parcel of land, and BE IT FURTHER RESOLVED by the Board, that the issuance of said building permit is not in any way intended to excuse or absolve the violation of the Weld County Subdivision in this case, but is merely intended to relieve the burden of innocent purchasers of said property. f Ll JVuns 78O433 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD OUN Y, COLORADO 67 -L ,�° `rte - ATTEST: '1 &t o,&wy,/ Weld County Clerk and Recorder and Clik to the Boar By: t ` - eputy County erk A�PROye5 AS TO FORM: r \ anty Attorney Date Presented: July 12 , 1978 BEFORE THE WELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by _ Percy Hiatt that the following resolution be intro- duced for passage by the Weld County Planning Commission : Be it therefore Resolved Jy tie Weld County Planning Commission that the following he adopted by the Board of County Commissicners : Request by Cesario Trejo, Jr. for a Building Permit under Section 13C. (1) of the Weld County Subdivision Regulations on a parcel of land described as Pt . Si, Section 21, T5N, R64W To be recommended favorably to the Board of County Commissioners. Motion seconded by Bette Kountz Vote : For Passage Abstain Against _Chuck Carlson Ben Nix Harry Ashley Jerry Kiefer Percy Hiatt Irma White Bette Kountz Thi Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings . CERTIFICATION OF COPY I , Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County , Colorado . rdopted on July 5, 1978 and re- corded in Book No . VI of the proceedings of the said Planning Commission . Dated the 6 day of July 19 78 Secretary ,2:) ii - c' , T . re To Whom It Us — J Concurr.: 0.11 ll-t'. ) 'Cl/ I Cusario Tre,fo and Ty wife, Mary, recently purchased a thirty acre havoc.]of lard located northwest of Gill, Colorado, and known as part of the Austin Mbrl.i :;on far,,, 4,0 ::ere .iuforn,;d of and are aware that this thirty acre ior_.cl was and is an illiogal split according; to ',Vold County Planning Commission and the rules and reculations as apply in Weld County, We have a family consisting of six children, whore' we have raised and ed— ucated in Weld County. I am a Disabled American Votorar and presently reside at 2211 C Street Northwest, Greeley, Colorado. Tho place is very shall and 1 do try to raise sore calves, chickens, and a garden tc help in fcedinz. my fam— i ly. My wife corks at the Kodak plant'in Windsor. We have boon lookir.L for sometime for a small place that wo could afford that would coca nets fillin,; our needs. This thirty acres came as near as any we have found rind could af- ford, but sii.cc it Is unimproved, we would like to build our house on it. If we sell our home on C Stroot NW, , which we bought several years ago, we should be able financially to build soon on this track of land. Tkis parcel of land is sort of isolated from any other farm lard, and i3 small enough for mu le handle. It iu not the boot farm land, but it will do for me to raise Coma calves, pigs, chickens, have u garden and eto, so wo are ask- ing for your consideration of a permit to allow ea to build our bane on this track of land. Since it does not conform to either t.),e State of Colorado cr Wald ()curdy 2t,::;; and rules guverniriu :.ue), •epl:ita land and siurcc this war, done some tine 4.C), we are ticking if you will conr,.ider granting us !'crriesion to build our home there, F Accomi'ying thin ] (:12O_r is a copy of n. curve; and the correct itcal des- cription o the= thirty acres. Would you please adtiise us if it is possible to obtain a building permit and if so, what is necessary for us to provide incrdcr to obtain a ( ormi t, ✓.i .r .. - LC'- ,.-.,-�iie , r /,✓ , evi:c - 7-n-,1.2--- , ,/ / (ID, • , ..AP11197U • RECEIVED i • \ lltld Ceuery ' /, Cme rimin rslut -<; , I ,fit,;. Fr,1nfru�' �'rX`/alej , ', 5',';'� �), at.iC.,'� 4 ��tt'�Y '� '" .,. '. r ��I�tuMj'' f� 4,"ili�4� ri Ny) lyh''q"') }•' Eti ,4 I� 0 r �,ar .r }r,y• r...i':,,r.8n'J y '4),,,;k. ,„ ..., . . • ii fnID--1NL/ �w(� _ _�� OIII( .I ( H I,II!j ,lIIII t ,llllI ( LiilIMl.'; HUNtH , "•,. 71 i'1u d;f LO:i} 356-A 000 [Xi. 200 y i, �� P_O_ BOX 756 UHE6LEV, COLOHAOO 80631 11 O COLORADO May 11, 1978 Mr. Cesario Trejo 2211 C St. , N.W. Greeley, Cb 80631 Dear Mr. Trejo: Your letter concerning the property northwest of Gill was referred to the Weld County Zoning Administrator, Mr. Thomas Jlonn, for his review and recofnnendations. Mr. llonn reported to the Commissioners that the property in question was originally split out as a 30 acre parcel in 1973, at which point it was an illegal split because it was after the effective date of Senate Bill 35 in Weld County (August 30, 1972). The original 118 acre parcel was divided into several tracts, including a 40 acre tract, two 17 acre tracts which were cont}hined into a legal 35 acre tract, a 10 acre tract, and the 30 acre tract to which you refer. Both the 10 acre tract and the 30 acre tract are considered illegal, and both should be considered for the following possible solutions: 1) Ovners of the two parcels could file a lint Size Variance, which, if approved, should be followed by a Recorded Exemption. Approval of both would create two legal parcels. 2) The owners could apply to the Planning Commission and the Board of County Commissioners under Section 13.c. (1 ) of I hp, Weld d County Subdivision Regulations. This latter process c*nllH ' I ,' ,' Il . parcel legal, but if approved, it would allow huildim • c. t • issued on the property. Please contact Mr. Bonn if you wish to proceed with either of these possible solutions to the problem. Please call me if I can be of any further assistance in this matter. :Sincerely June K. Steinintric, Comnissioner Coordinator Department of Planning Services clb cc Bob Ikcvis, Veteran's Service Officer • May 15, 1978 Jane K. Steinmark Commissioner Coorlinator Dept. of Planning Service P. 0. Box 758 Greeley, Colorado • Door Mrs. Steinmark, I thank you for your letter of May 11,19/8 regarding the 30 acre parcel of land owned by flya. Trejo and me located northwest of Gill, Colorado. I have, at your suggestion, contacted Mr. Thomas Bonn, whom I have found to be very cooperative, courteous, and helpful. At his suggestion I am pro- ceedi.nr to obtain the necessary papers, documents and a survey which you will find enclosed to proceed if possible, to make a legal parcel of my thirty acres. I cannot speak for the owner of the ten acres as he has indicated to me of his desire to buy my thirty acres which I bought about the same time he bought the ten acre parcel. He seemed quite disappointed in not knowing that the purchase of the thirty acres had been made, so Idoubt very sin- cerol.y from his attitude concerning my purchasing the land, if he would ho vary snthu::iaotio, about working with me on this matter. However, I do desire to make this parcel legal or whatever it takes to allow me and my family to be able to legally build our home there. I thank you for your time and consideration on this and would certainly appricite any assistance you may be able to give me in getting this matter : traic,htcncd out -z- I also want to thank Mr. Bonn for the very considerate time and effort he hos put forth fo me and I will cooperate in any way possible with both of your officoo to correct this matter. I thank you very much, Yours truly, Cesario Trejo Jr, wex r,..,"Aw a wrAf EvAris AuTo SALES P. 0. Box 578 EVANS. COLORADO 80620 303-353.1275 ro Whom It May Concern: DATE n}ryLi IS, 1978 SUBJECT ¢ This letter is to verify that I, Raley LaBel owner of Evans Auto Sales, have known and done business with Cesario Trejo Jr. and- his immediate family for at least 20 years. I have always found him to be a man of the highest integrity, conscientious, truthful and loyal. Evans Auto Sales by - �� Raley LaBel (owner) 4 �.?K • 'TMr p • ._`` . .. a t 14, 197 i m , Ada ' • 46;�A I 1 }1f11'C}I • ,• lu, •4t of Weld County Commissioners , Greeley, Colorado n ,r � 1 Commissioners: ' K. , l f , I have knot a r live Ce .nn.to lr° Ycnrs lo. and Q 1 have na boon worked this disabled b� }'r 7'r_ the Veterans Service Officer. tbled veteran for � through ces. to press Y. He has ` the ,I; Armed Forces. e and at the the community. ut ve of� Mr. Troia has received 700% present has two boys and a1dautlhterty� the kY His determination service truly a rmi atiod t citizen of his children has disability since 190,6. educate ` Sincerely, °r field Colnty. has prow en to me Y, this man is 4'.ii / t' W ldNib tUavlI 'qf County Veteran Service Officer • Reception Ns- .. . .-1/N47013 MAhy ANN Ft _�'— _. ,(S 1 LIIJ i • -- - lir.ot rlrq 4 1 Tins DEED, Made this 22nd 1 (lay of February . n78ern .--1 between CHAR A. -- 3 SHEsLDON and KATHLEEN A. SHELDON Stole D ___--ocumerhta'Y Yee v '-'1 of the c ; County of / I Colorado,of the first part rind Weld and :;tote of Dh)le B ( 1y�8 I�� CF,SAI7I0 1'I7PJO, ,LH. _____. _.. . ...-_.. 0 _:I SAAR "C" and MARY C. TREJO $ ..._./ (, .1...... Street_ Greeley, as joint tenants _ -r of the Y, Colorado 80631 County of Weld Colorado,of the second part, and state of o el WITNESSETO, That the nnid part lea of the first part.a; and valuable considerationI for nod in rom+u lnrntioa of the nom of Other n o to theand said part and TUI AND N0/100thn _ Good lea of the first part in hand paid by _ — _ — Cr is hereby con fet;eJ and acknowledged, ha Y the said part 10a of — — — _ — — DOLLAits, the second part, the receipt, whereof C.� r , these presents do Ve remised, released, sold, conveyed and o remise, release, sell, convey and QUIT CLAIM unto the said part lea CI of he secb• - their heirs, successors and assigns, forever, all the right, title and id tit fart lea of the first part ha VO + of the second part, p in and to the following described lout or claim and demand which the said .,� being in LIIeo �, County of Weld parcel of tone situate,.,,lying and _ tract of land. located in the South 1/2 of Section 21, Township 6 North, Range and State of Colorado, 4, wit: ,y'� :N" 4 Weat of tho 6th P.M., Weld County, Colorado, being more ri 1, L�.. J Ws follows; Beginning at the SE corner of said Section 21 and tconaiderinfrly athebed f, South line of said Section 21 an bearing South 89°31'31"bearings contained herein relative thereto: thence South t89°� with all o other lithe South line oof said Section 21, 1955.55 feet to the true9 of 31 Wecgi ning; Whence South 89°31'31" point of beginning; 9°31 31 West, along the South line of said Section 21, 1291.50 feet; hence North 00°19'40" East 834.67 feet; thence South 88°20'53" East 216.56 thence North 63°20106" Fast 305.54 feet; thence North 700°42'37" East 504.81 feet; hence North 63°06'46" &tat 367.83 feet; thence South 00°19'40" East 1287.96 feet o the true point of beginning; together with a Right—of—Way over and across the orth of the adjacent. 10 acres to the west of the above described real estate, to deliver water to tho above described land, with the right of • ingress and egress to maintain irrigation ditch and headgate. I I a/k/a: Vacant land 0 IIAVE ANI) TO HOLD the same, together ether with all and singular the appurtenances and privileges. '1 thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said parties of the first part, either in law or equity, to the only proper use, benefit and behoui of the said part 1e8 of the second part,their heirs and assigns forever. i' IN WITNESS WHEREOF', The said part iea of the first part have and seal s the day and year first above written. tha"'unto scithelr hand a Ili t..C-¢ Litt,LG yr� (;•:-1,1 t'!!?-f=7C I Signed, Sealed and Delivered in the Presence of C}n ,lea "v $het on [SEALI ii 'lad{teen A. ,o1do C /7c_ Kathleen A. Sheldon StI'11'1 .... ..._.(SEAL) .[SEAL] STATE OF COLORADO, h ,,e'•" County of Weld ss, T�ho foregoing( hstrmnent was acknowledged before roe this 22nd I' day of February Vi NI I /f) , ait1 i" A. SIHELDON and KATHIaI A. 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W .. td h O CD 0 0 N a ro Co o > o tt r � n - cn � m d N N F' I 1 � r 43-B l �..-_�, r _, 5311 -- AB 53 g c D 43 co.' ./2/-5-B 1 4-3-8 53-B Zr-ri aiLed ,Dry land 43 - �3 43- C 53- 8 7L 17 53- C- ,2/ L- B 1L 53m- AB • I ii � Y ( ( IN ,11`;;H(11�if 1);,ill I i I�i � �' �. ' I . ! I I'.. �i� ,. II(rt.E (3031 356-4000 EXT. 200 � c P.O. BOX 758 r, ()HEL EN' COLORADO B0631 • COLORADO May 11, 1978 Mr. Cesario Trejo 2211 C St. , N.W. Greeley, CO 80631 Dear Mr. Trejo: Your letter concerning the property northwest of Gill was referred to the Weld County Zoning Administrator, Mr. Thomas Bonn, for his review and recommendations. Mr. Bonn reported to the Commissioners that the property in question was originally split out as a 30 acre parcel in 1973, at which point it was an illegal split because it was after the effective date of Senate Bill 35 in Weld County (August 30, 1972). The original 118 acre parcel was divided into several tracts, including a 40 acre tract, two 17 acre tracts which were combined into a legal 35 acre tract, a 10 acre tract, and the 30 acre tract to which you refer. Both the 10 acre tract and the 30 acre tract are considered illegal, and both should be considered for the following possible solutions: 1) Owners of the two parcels could file a Lot Size Variance, which, if approved, should be followed by a Recorded Exemption. Approval of both would create two legal parcels. 2) The owners could apply to the Planning Commission and the Board of County Commissioners under Section 13.c. (1) of the Weld County Subdivision Regulations. This latter process would not make the parcel legal, but if approved, it would allow building permits to be issued on the property. Please contact Mr. Bonn if you wish to proceed with either of these possible solutions to the problem. Please call me if I can be of any further assistance in this matter. Sincerely, Tune K. Steinmark, Commissioner Coordinator Department of Planning Services clb cc Bob Davis, Veteran's Service Officer ,2,211- c v /u /7 a676 , yo‘,.?, Ltviza ,4✓J�/-2ff��j/1 To Whim It May Concerns I Casario Trejo and my wife, Mary, recently purchased a thirty acre parcel of land located northwest of Gill, Colorado, and known as part of the Austin Marlison farm. lie were informed of and are aware that this thirty acre parcel was and is an illiegal split according to Weld County Planning Commission and the rules and regulations as apply in Weld County. We have a family consisting of six children, whose we have raised and ed- ucated in Weld County. I am a Disabled American Veteran and presently reside at 2211 C Street Northwest, Greeley, Colorado. The place is very small and I de try to raise some calves, chickens, and a garden to help in feeding my fam- ily. My wife works at the Kodak pleat in Windsor. We have been looking for sonatina for a small place that we could afford that would come neer filling our needs. This thirty acres cane as near as any we have found and could af- ford, but since it is unimproved, we would like to build our house on it. If we sell our home on C Street NW. , which we bought several years ago, we should be able financially to build soon on this track of land. This parcel of land is sart of isolated from any other farmland, and is small enough for me to handle. It is not the best farm land, but it will do for me to raise some salves, pigs, chickens, have a garden and etc, so we are ask- ing for your consideration of a permit to allow us to build our home on this track of land. Since it does not conform to either the State of Colorado or Weld County laws and rules governign such splits of land and since this was done some time ago, we are asking if you will consider granting us permission to build our home there. Accompying this letter is a copy of a survey and the correct legal des— cription of the thirty acres. Would you please advise us if it is possible to obtain a building permit and if so, what is necessary for us to provide inorder to obtain a permit. March 14, 1978 Weld County Commissioners Greeley, Colorado Commissioners: I have known Cesanio Trejo and worked with this disabled veteran for the five years I have been the Veterans Service Officer. Mr. Trejo is a credit to the community. He has put five of his children through college and at the present has two boys and a daughter in the Armed Forces. Mr. Trejo has received 100% ' service connected disability since 1966. His determination to educate his children has proven to me this man is truly a dedicated citizen of Weld County. Sincerely, i!p Bob M. Davis Weld County Veteran Service Officer BMD/bjd CZ 824• _ - 1 Jic _... Reception No. .17457o __-...._._ .. MARY ANN FEI TEIN - - c—i THIS DEED, Made this 22nd day of February ia78 Qi C." between CHARLES A. SHELDON and KATHLEEN A. SHELDON State Documentary Fee I of the County of WeldDate.-.__- FEB 2 7 1978 6-21 c) and state of i_ Colorado,of the first part and lc\ CESARIO THE O, JR. and MARY G. TREJO, as $ /� - .-...-------` "S 2211 "C" Street— Greeley, Colorado 80631 tenants `—I of the County of Weld and state of ° Colorado,of the second part, 0 i WITNESSETH, That the said part ice of the first part,for and in consideration of the sum of other good c and valuable consideration and TEN AND NO/100ths o to the said part1es of the first part in hand paid by the said DOLLARS. C` part ies of the second part, the receipt whereof O c RI is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by h[ r:, these presents do remise, release, sell, convey and QUIT CLAIM unto the said part ies of the second part, 0 their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part iea of the first part ha ye in and to the following described lot or parcel of land situate,t lying and being in the _o County of Weld r and State of Colorado, to wit: I). I'. tract, of land located in the South 1/2 of Section 21, Township 6 North, Range co f -i ' West of the 6th P.M., Weld County, Colorado, being more particularly described tr 1. 6.21, follows; Beginning at the SE corner of said Section 21 and considering the r, "' uth. line of said Section 21 as bearing South 89°31'31" West, with all other =. earings contained herein relative thereto: thence South 89°31'31" West, along he South line of said Section 21, 1955.55 feet to the true point of beginning; hence South 89°31'31"° West, along the South line of said Section 21, 1291.50 feet; hence North 00".19'40" East 834.67 feet; thence South 88°20'53" East 216.56 feet; hence North 63020'08" East 305.54 feet; thence North 70°42'37" East 504.81 feet; hence North 63°06'46" East 367.83 feet; thence South 00°19'40" East 1287.96 feet o the true point of beginning; together with a Right—of—Way over and across the orth of the adjacent 10 acres to the west of the above described real estate, to sliver water to the above described land, with the right of ingress and egress o maintain irrigation ditch and headgate. a/k/a: Vacant land • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said parties of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part ice of the second part,their heirs and assigns forever. ' IN WITNESS WHEREOF, The said part iea of the first part have hereunto set their hand s , and seal s the day and year first above written. ; i t..-._ ._ . .......... [SEAL] Signed,Sealed and Delivered in the Presence of Ch es hel on a,- ' [SEAL] Kathleen heldon � [SEAL] [SEAL] STATE OF COLORADO, I ss, County of Weld ;, uC,' -- ;' 1 2 foregom eyrlstrument was acknowledged before me this 22nd day of February : y, �f7 t/ 'C$ARL1 i A. SHELDON and KATHLEEN A. SHELDON t -ply, w 1 $g3;comteission;etcp]res Sept. 20 , 19 79.Witness my hand and official seal. t ; • 4 ilkii,te, ) Netts Public, No.933. QUIT CLAIM DEED.—Bradford Publishing Co.,1824-4G Stout Street,Denver,Colorado(673-6011/ --b 76 I Hello