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Home My WebLink About780434.tiff RESOLUTION RE: GRANTING OF BUILDING PERMIT FOR PROPERTY LOCATED IN PART OF THE VI NE4, OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 66 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 fallowing described real estate, to-wit: That part of the East one-half Northeast one-quarter of Section 1, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northeast corner said Northeast one- quarter; thence S 00°29'45" W on an assumed bearing along the East line said Northeast one-quarter a distance of 1056.01 feet; thence S 90°00'00" W parallel with the North line said Northeast one-quarter a distance of 310.00 fact to the true point of beginning; thence continuing S 90°00'00" W a distance of 1004.15 feet to a point on the West line said East one-half Northeast one-quarter; thence S00°26'15" W along said West line a distance of 1476.13 feet to a point on the North R.O.W. line of Colorado State Highway No. 52; Thence S89°51'49" E along said North R.O.W. line a distance of 1002.63 feet to a point 310.00 feet West of the East line said Northeast one-quarter; thence N00°29'45" E parallel with said East line a distance of 1478.53 feet to the true point of beginning. Contains 34.029 acres more or less. 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, subject to the approval of the access to the property by the Weld County Engineering Department, pursuant to Section 13.C (2) of the Weld County Sub- division Regulations, 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 h � 780434 ' UY-119S the violation of the Weld County Subdivisions in this case, but is merely intended to relieve the burden of innocent purchasers of said property. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of March, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ai1,_.4.A..,,v C_ - ile; ` / 9tl74-7 }� l%JWL1 e��Ols lta: / " Ac'.,—,,,,t, cPCh .V Y ' 4�, ATTEST: 7 Weld County Clerk and Recorder SENDER: Complete items t.2,and 3. Clerk to the Board Add your address in the "RETURN TO" span on / ' & 1. The following service is requested (check one). /, ,1 /LL._ \ �,��L1 r Show to whom and date delivered p54 eputy County C O Show to whom,date,&address of delivery 454 /' O RESTRICTED DELIVERY. 1 Show to whom and dace delivered 854 O RESTER.IFI)DELIVERY. \\ \ Show to whom,date,and address of delivery ..$1.05 APPROV AS TO FORM: (Pees shown are in addition to postage charges and other c_ fees). /17 Q a 2. ARTICLE ADDRESSED TO: County Attorney 2 James Riley 41.:,0 as.. i e 'Pco•&x r /Y-/ m —fiudson Co 80642 m 3. ARTICLE DESCRIPTION: I REGISTERED NO. I CERTIFIED NO. I INSURED NO. 2 640628 a (Always Obtain signature of addraseaa or agent) ril GI have received the article described above. SIGNATURE O Addressee y'�9 ,� Authorized agent _ "Alit' N C 4. i DATE OF EUVERT m POSTMARK ta J —/g-78" p 5. ADDRESS (Complete only if requested) it 6. UNABLE TO DELIVER BECAUSE: CLERK'S RECEIPT FOR CERTIFIED MAIL-305+ (plus postage) INITIALS SENT TO Bldg• Permit 4/17/78 POSTMARK James Riley DRDATE .}aae:lra-0-203-456 STILEWV,ANII33O1ie 4e Ch St. __ LC P.G, STATE AND ZIP CODE LC Hudson, Co. 80642 4/17/78 OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Scows to whom and date tlalireretl TSd LC RECEIPT With delivery to addressee only 650 2. Shows to whom,date and where dell With delivery to addressee only 854 SERVICES _DELIVER TO ADDRESSEE ONLY 600 G SPECIAL DELIVERY (extra Fee required) Z PS For 1971 3800 NO INSURANCE COVERAGE PROVIDED— (See other ti Apr. NOT FOR INTERNATIONAL MAIL R GPO; 1974 0-551 Date Presented: April 17 , 1978 .BEFORE THE WELD COUNTY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI5SIONERS Moved by Irma White that the following resolution be intro- duced for passage by the Weld County Planning Commission : Be it therefore Resolved Jy tine Weld County Planning Commission that the following be adopteu by the Board of County Commissioners : Request by James M. Riley for a Building Permit under Section 13C. (1) of the Weld County Sub— division Regulations on a parcel of land des— cribed as Pt . EZ NE*, Section 1, T1N, R66W To be recommended favorably to the Board of County Commissioners for the following reasons : Under the unusual circumstances of this one only Motion seconded by Percy Hiatt Vote : For Passage Abstain Against Percy Hiatt _ _ Chuck Carlson Frank Suckla Irma White Bette Kountz _ The 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 th '.v,ulution of the Planning Commission of Weld County , Colorado . ropred on March 21 , 1978 and re- corded in Book No . VI of the proceedings of the said Planning Commission . Dated the 23 _ day of March 19 78 Sc re \S. \\\ N-NAn 22 X <, j\}'+. _ r y l i4m -x. r;- ``j c c c r, (' , (., )5,i Q k c' (\-- it: �r 4. � , C I - C l l Jam' c' C. k � c> f` l 'L`,1- r ,, , _ , , . \ t v • ,r, r ( c„ ,i ( r• ( , c,•,„( (..‘ c. i c• _ , t ,... c.) (....i, (,,_. _\•,•• ...._ .) (---- I , gi--:t ‘... , : ,Ci (4: c (.,,_ r_ -,( , ,--, 6. r r . r, . Cam'- j ( �- ( �- i r ` ci- Et c, , : 0)E' (-- ( , €- ‘, . ,-,,, ,-,_. cr r , c„,,. ,-- ,--•. k i -,- i , ,•,.. c,_ , , , ,,,_-) , _Nci i, • F cs ... \,,... c lei � � � C , �_� ) . r.' c - r � . - ' - 1' i (_ NI kh el, ,.. 7 (-- -, (-- t (. ( c ' , ._.. k l\ :_i (,‘ ;( r, / L ?,C— ((it c c\`‘ ) ( A- ,3 t PHONES J. L. 303/857-2930 SEARS & ASSOCIATES 303/629-0432 REALTOR 303/785-2291 140 DENVER AVENUE FORTLUPTON, COLORADO80621 March 3, 1978 Mr. Thomas E. Honn Zoning Administrator Office of the Planning Commission Weld County Centennial Building Greeley, Colorado 80631 Re: James M. Riley - Dorsey L. Glenn Pt. ENE 1-1-66, Weld County Dear Mr. Honn: Pursuant to our telephone conversation of Monday, February 27th, Mr. Riley has advised me that he has received your letter requesting all information that we can give in regards to the land split as set forth on boundary survey enclosed herewith. To review basic information in my letter to you of April 15, 1976 concerning the matter at hand, I will reiterate and make some additional remarks and show additional support of what was done in hopes this will enable you, the Planning Commission and the Commissioners of Weld County to treat this as a legal land division. Early in 1973 Mr. Harmon had applied to your office for a building permit to make an addition to his dwelling. He was advised that his request would not meet the set back nor side yard requirements according to the Weld County zoning in force at that time. However, a variance was granted and it was recommended that he try to purchase additional lands to the West of his property, being a one acre tract located in the Southeast corner of the Northeast Quarter of said Section 1-1-66W. He approached this office, we being the sales agents for Mr. Dorsey L. Glenn, owner of the contiguous 45 acre parcel, more or less, as to the availability of an extra acre or two of land that might be purchased to bring his property into a more relative position for zoning requirements. After meeting with Mr. Burman Lorenson, then Director of the Weld County Planning Commission, he advised that we sell to Mr. and Mrs. Harmon up to 10 acres off the East side of the 45 acre tract owned by Mr. Glenn. This would make access to Mr. Harmon' s property from what is now Weld County Road 37, and access to the remaining 35 acre parcel, more or less, from Colorado State Highway 52. On July 25, 1973 Mr. Glenn entered into a contract to sell the said 10 acre parcel to Mr. Harmon with final settlement to be made in January of 1974, due to his income Lit) ' t REALTOR "' ,/ Mr. Thomas E. Bonn - Page 2. tax position. On January 2, 1974 this transaction was closed and a general warranty deed from Dorsey L. Glenn and Nellie A. Glenn as husband and wife was given to Mr. Edward D. Harmon III and Theresa J. • Harmon as husband and wife on the East 310 feet of the Northeast Quarter of said Section 1, except the North 1056 feet thereof, and except the 272' x 160' parcel they then owned. This instrument was recorded on January 7, 1974 under Book 706 as Reception No. 1627896 of the Weld County Records. Thus, bringing the 10 acre parcel and the 1 acre parcel under common ownership of the Harmons. It was our understanding that this split was presented by Mr. Lorenson to the Weld County Planning Commission, and that there was no problem in this creation in that there was still the same number of owners, according to Sub-paragraph B of the Definitions contained in Senate Bill 35, Paragraph 106-2-33. After that date the application and procedural process involving the request of Mr. Adam Martinez and Elvires Martinez Jr. was presented to the Planning Commission and to the Weld County Commissioners and was approved, at which time I was of the opinion that the Weld County Commissioners by their action in that said Resolution dated August 13, .1975 did in fact acknowledge that any land splits relative to this . tract were of no violations of either Senate Bill 35 or any Weld County zoning or subdivision requirements as of July 25, 1973. I trust that this will assist in clarifying and aiding the Weld County Planning Commission and the Weld County Commissioners in resolving any question of the legality of this split. Sincerely, • , J. L. Sears JLS/vc cc: Jamos M. Riley. Dorsey L. Glenn. J •7A°�.659.1157 LIND ENGINEERING,INC. CIVIL ENGINEERING I' C' it'X 4-/d LAND SURVEYING 17 North 17th Ave BRIGHTON, COLORADO 80601 N D d' 4I E SCALE I = 400' ME Corr. ME%4 IJown ,-4 L'.uc IJE Y4 Scc.l SEC. I, T NJ-, R Cp��.s/ I I COVNTY FZJAO IJ 4 O. 1 - ®� --- �1�-1iC sO� AIz.5o I, aCo CJ.19�- -- LAW Con. 1..1E 1/4 ' I 590°00'00"W ---+- h Q\ Scc.I ,TI NJ, R6GW I 1315,22' �\ I I p 1 ' I I- 0 SccT �_ 0 . I w �a to 0 13 I5 a yin 2Cr) i - h o' I. I I S90J00'00"W ol Li N N IO.00' 0 In 2 2 I I 0 1 0 0 h _ N I S9O°OO'OO"W IOC-4.15 • ' C du; in N III ° �— - 1 d I 2ao w' I =a 3 W ; E , , m ? 2 �. t,, ,ti. 3 N - J II 2 N CoNrA1N -4.029 1e Ill - Q IP d N 3 ACRES MORE O' LESS NPi to 0 F LT WI 12 hj 0 re �i •I 0 In N L 1T 0 v F 0 N I N I o 0 0 �0(� 0 k/ N0r.-� Ri�..T Or WAY L...cJ ;fir]' CoLO.STATQ hi16,y 1.a./AYMa.SZ �� 2O = 589° 51'49"E Io02.co __ `S�../ COFL IVE ,4 L-C.oLoreAoo ST.�TR H16HWAY 1.Jo. S2 SEc. I, T I[J, R6CoW =your.. LINE NE%a 3 c.l _EGAL DESCRIPTION -- SB9°si'-q9"E 1312.57' 1 SE. COM, N /4 E That part of the East one-half Northeast one-quarter of Section 1 ,�Township 1 forth, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, doe- :ribod as : Beginning at the Northeast corner said Northeast one-quarter; thence ;00°29' 45"W on on assumed bearing along the East lino said Northeast ono-quartor 1 distanco of 1056.01 feet ; thence S90°00' 00"W parallel with the North lino said lorthoast ono-quarter a distance of 310.00 foot to the true point of beginning; :hence continuing S90°00'00"W a distance of 1004. 15 feet to a point on the West lino said East one-half Northeast one-quarter; thence S0O°26' 15"W along said West .ine a distance of 1476. 13 feet to a point on the North R .O.W. lino of Colorado Moto Highway No. 52; thence S89°51 ' 49"E along said North R. O.W. line a distance 4 1002.63 foot to a point 310.00 foot West of the East lino said Northeast ono- uortor; thonce NOO°29' 45"E parallel with said East lino a distance of 1478. 53 oat to the truc point of beginning. Contains 34.029AgrgS___goro or_lese_. ¢ • L./OVNOARY SU.C./EY IetI Q Si,,lBC 5[lUN❑ hereon NaS ' 6 he'etn , . dci my direC n and is ere.Iratel� v--_,‘... ..„, Or T,¢ tJF 4 Se.c. I, _TIN, F �leW belied f the ' 1 my knon edge and glide by f 1C t u I1Lcr In%nobelief. tilts ---. Ito n( i 4 - { 'I ,' Scale I ' -4"0' , Date APa'" 'J Q. 1974 File No. l- INCD-C". 8 „." aZ — —_—._ _ Reg. I 1 . i t.,F. N'c 27:111 Field Book Mo. 2Cn0 F'age No. I . Sheet I __ of I. I lie I „Itr trnlr. , I 0EIPT AND I"" OPTION CONTRACT I nIt ..1 Ins„ Clttr'an.> Ir.'„ (FARM AND RANCH) , Colorado x'111.: 'Jr� Irin;l RECH VEI; t-11CpA Purchaser as point tenants'I the sum of i • , in the form of to lie held by • 1 . broker, in his escrow or trustee let nuns, as earnest money and part payment for the following described real estate situate in the County of — t , Colorado, to wit .f _. '1 , t Cl 6'1C U ,-'CL Loft E i_r p I '_ f Ula 1t .i5/ t �t L' rr r2 ] ; t t':_ cnsner of' _ ;i . _. .t : t . t:1 2 2t > watt .dl I_r.r corn P. and nghu n1 way am pill lepanl thar eto all unpnrvel into is ihurcon and :III fie tun-: of a permanent nature currently on the premises, ex(Ppt as I rrn,iflcr to ,ed in th_ tent r(Helium), ordinary wear and teal ext.cPted known as -Alt..- r^ , _.st1 r� which property I ascr agrees to buy upon the following terns and ((antiphons, lot the purchase Price of 111' • payable le OS follows $ (" her l y receipterl fw,5 1 t�70...u L`_ __ill sal I' t 1 1 If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay x loan transfer fee not to exceed 5 — and it Is a condo urn of this c onlroct that the purchaser may assume such uric umbrant e without change in its terms or condnlons except 2 Pitt e to include the following personal property to be conveyed by bill of sale at time of closing in their present conrhtmn, tree and dear of all personal property taxes, liens and encumbrances, except and except any personal property bens in any encumbrance specified in paragraph 4 the following fixtures of a permanent nature are excluded from this sale. 1„ 3. An abstract of titlt. Iu - nit rropelty,candid to date nI a tnnrent eiJmPnllnent Ili title rnsuronre policy in an aloopnl equal In th)pun:ll e ptrt'c, at seller's option and espense sh:Jl 1 rirhnd tit. pm(h:ura or.of 'adore - I4) i. II seller elects to flunr1i said title etwr.art. t reniniimeni ,lilt', will deliver the tilt nnluer u'n pnhcy to mo,liana altor r.losing .rod pity the premium thrown. �trm SC /4-/-II Prism I `. tf(trJ/1t Ptllo t ,tttN(1 (IIItP, l', MI I IIIII I I HIM I V/AIt11, ti/AN i/AI /AI I , C/1I_II (JUNI/1111'1a:l f 1PROF[S9O1121 h• I µle shall be merchantable In the seller. Subject to payment or tender as above provided and oomph....ice with the other terms and conditions hereunder by pub timer the seller shall execute and deliver a good and sufficient -• - " warranty deed to said purchaser on -su c 1tl l4 or.wy mutual al ace cement it nu earlier er dale.ro weying',aril properly free and t lu.rr of Ill taxes,except the ipmerel Tim',for 10 p.is'.rble Janum y 1, 19 r and except InO.te t. L.1 I' , tree and clear of .ill hen; and or,mignon(to ears ept none c'cfloi' and except the following easements: O.7 .t'Ceel and sublect to budding and zoning regulations and the following resitictive cove nanls'. .. Any tint hi'µ eeel to be paid may be turd horn the trice cods ul the: !turner.nun. �. �r General laces lot penon.l property tuxes, piep.rd rents, whet one, and ore ssinr.rn'., and immca on Wit_u tube in if auy, and shall lie apport roved to date of dclrvety of ,med except that. UOilc1'h :O 1 7 . • With respect to the growing crops the seller and purchaser agree as follows c _. . '_i'�. h ....._� - . - _r' .s t • 6 I he hour and plat of dosing shall be as designated by e' • - • �) / I'ossossion nl po'rou's delivoi NI to purchaser on le ' aibp et.l to the lolluwiny a':c.es nu Inner),it s. 'r iii.' 8 The risk of loss from any damage to the improvements by lire or other casually prior to date of closing shall lie on the seller provided however that if the seller shall maintain insurance on said improvements which will compensate for the fell tepid(ement value thereof, the seller may or his option assign the proceeds of said insuranr e to purchaser, in which case the purchaser shall complete the transaction as herein provided-The ask of loss for any damage to growing crops,by fire or other cesuaky shall lie borne by the party entitled to said crops as provided us paragraph 5 and such party shall be entitled to the insurance proceeds. 9 Time is of the essence hereof and if any payment or any other condition hereof is not made, tendered, or performed by purchaser as herein provided, then this contract shall be null and void and of no effect,and both parties hereto ielesed-born all obligations hereunder, and all payments made hereon shall lie retained on behalf of the seller, as liquidated damages. 1f). In the event the seller fails to approve this instrument in writing on or helor@ t ' ' , 19 or if alle is riot inert_hanned,' and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not he rcnrlorerl merchantable within 181) days after such written nonce, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall lie released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract if any, to senor prov¢led, however that III lieu of correcting such defects, seller may, within said 180 days, obtain a commitment for Owner s Title Insurance Policy in the,nrount of the purchase price showing the title to be free from such defects and seller shall pay full premium lot such Title Insurance Policy. 11. Additional Provisions- 11O11O 12. Upon approval hereof by the seller, this agreement shall become a t stair act between seller and purchaser and shalt inure In the benefit of the pees successors and assigns of said par toes. Pon b(�x Annul u - e •r .. I telu �wrU • �,rr� orJ try Percnaset Date Setter approves th, at ove contra t this day of 'Ill! 19 and agrees in pay a churn,.,ion of of the gross sales r. for ,,or v s in lhi bins:flue rid agrees that, n the I.)c m mil for lur ire of payments modulo pup:I u, sir it l :v eats hall be divided between the seller uk r and th .roller,one hat- ghcnstl to said broker, hug riot to r xr t d the stn tis,.o t and the hah,gl . to the seler. sego 'redo Purchaser's Seller's Address ,.-:{,'_' : U is a.i. ,U ti 1'arm Se. l'a /'/I ',inn I '.''IOONA ' Plait n'oIINs'. r'rttrl' i I III Olt I VOW, '•'AN pi/9 Ai I i PO II etliNl.1 va'iai fi PRO841Of121 pq PtziI:tuts LL_u enurophT10(1 ; .( �J w _, , OFFICE THE PLANNING COMMISSION N ... GARY Z. FORTNER I{,' . 4 DIRECTOR OF PLANNING 4 ° PHONE 13031 353 2212 f XT. 227 228 l616 HOSPITAL ROAD GREELEY.COLORADO 80631 A w ' Y. ' is CY ft {., i. ' , �7)� La+ COLORADO April 14 , 1976 • Dorsey L. Glenn Rt. 2, Box 24 Ft. Lupton, CO Dear Mr. Glenn: Property research done on the E'2 NE!.; of Section 1 , TIN, R66W of the 6th P.M. reveals that two parcels were created in 1974. This action occurred when a parcel described in a warranty deed from Dorsey L. Recception Nellie number L1627896 to dwas on January dcreated and Theresa Harman, Book led, 1 , 199 744 and recorded on January 7, 1974 This parcel has since been transferred to Thomas L. and Kathryn J. Phelps by a warranty deed recorded under Reception number 1668231 on August 25, 1976. The January 7, 1971 date indicates that the creation was after the date of Senate Bill 35 and its adoption in Weld County. At this time, the par- cels would appear to have been created illegally, and until the parcels can be created through the proper methods, buildingno � issued on the parcels. permits will be I would recommend that you make an appointment with me at your earliest convenience to discuss methods to resolve this matter. Vr`1 /truly yours, itiviika1ct-v\---_____ Thomas E. onn Zoning Administrator CAC/pmr cc Thomas L. and Kathryn J. Phelps lVI II ) rIuINI Y (;1)I,gp,1C;>I(INC_ItS KINI SILINMAHK VIC 11)11 JACOIIULOI NOHMAN CARLSON (JLLNN K f11L1INGS ___ lIL Y Alout n PHONES J.L. SEARS & ASSOCIATES 303/629-2930 R 303/629-0432 REALTQ 140 DENVER AVENUE FORT LUPTON, COLORADO 80621 April 15, 1976 Mr. Thomas E. Honn Zoning Administrator Office of the--.Planning Commission Weld County, Colorado j;� 1516 Hospital Road " l '\ Greeley, Colorado 80621 H;L Re: Dorsey L. Glenn Rt. 2, Box 24 v> c co Fort Lupton, Colorado C7 ;I Dear Mr. Bonn: Mr. Dorsey L. Glenn has referred a letter to me that was received by him dated April 14, 1976 from you in reference to a parcel division that was created in 1974 in the East Half of the Northeast Quarter of Section 1, Township 1 North, Range 66 West of the 6th P. M. This occurred when a tract containing approximately 10 acres was conveyed to Edward D. III and Theresa J. Harmon, and a tract containing approximately 35 acres was retained by Mr. and Mrs. Glenn. This split was presented to the Weld County Planning Commission and approval was given for this split with the understanding that the 10 acres would then become added to the 1 acre parcel owned by the Harmons thereby creating an 11 acre parcel and thus alleviating some set back problems that Mr. Harmon had incurred and yet would leave a tract of 35 acres for future sale. After that date an application was made to the Planning Commission and approved by the County Commissioners that the remaining 35 acre tract would be split equally by Mr. Adam Martinez and Elvires Martinez, Jr. The sale to them was never consumated and thus nullified the action of the Weld County Commissioners in regards to this action. Further, the division of a parcel wherein 1 parcel is added to another parcel and the remaining parcel contains 35 acres or more is not a violation of Senate Bill 35 according to your office at the time this occurred, and thereby would not require any formal action or written approval, and thus none was delivered. I trust this clarifies the question reflected in your letter. If not please feel free to contact me. rr truly, L'Sears J1. It cc: Thomas L. and Kathryn J. Phelps REALTOR s , ,( OFFICE OF THE PLANNING COMMISSION , ;:3 }_ GARY Z. FORTNER DIRECTOR OF PLANNING 1`^f Ci PHONE 1303) 353-2212 EXT.227,228 I1 4=+ia1 , 1516 HOSPITAL ROAD GREELEY,COLORADO 80631 iii V u a COLORADO April 21 , 1976 J. L. Sears 140 Denver Avenue Ft. Lupton, Colorado 80621 Dear Mr. Sears : I am writing in response to your letter dated April 15, 1976 regarding the 10 acres of property Mr. Dorsey L. Glenn conveyed to Mr. Edward D. , III and Theresa J. Harmon in 1974. In your letter you stated that this split was presented to the Weld County Planning Commission and approval was given with the understanding that the 10 acres would then be added to the 1 acre parcel owned by the Harmons. In property research done by our office we found that this intent was never satisfied and the parcels exist in 2 separate legal instruments of record at this time. Further research indicates that approval was given by Planning Commission staff and not the Planning Commission body. Furthermore, when application was made to the Planning Commission for a Lot Size Variance for the Martinez' s on the 35 acre tract, the material submitted with the application incorrectly showed the 2 parcels as be- ing combined into one parcel . Again, this was not done by Mr. Harmon. At this point in time, Thomas L. and Kathryn J. Phelps have indicated that they do not wish to combine the two parcels into one parcel , because of their position on this matter this office will continue to view the 10 acre parcel and the 35 acre parcel as illegal lots under our current Weld County Subdivision Regulations, no building permits will be issued on the parcels until the parcels can be created through the proper methods . If ou. or any of the parties involved wish to discuss this matter further please do not hhesitate to contact our office. Sj n erely, C /// hoIl 11O1W1 Tho t6ti - _ . oning Administrator CAC:jsm cc: Dorsey L. Glenn Thomas L. & Kathryn J . Phelps WI I I : (HUN I Y COMMISSIONERS JUNE.SI 1 'WANK VICTOR JACOl1O00I NUILMAN CAIII `.ON GI ENN K III) I INGS MI . nu ClI 1315.zz' NE Nib cor. 412.so' 4i2.co' 490.22' WELD Co. RD. 14 a (02J) 022 E:2-3) Fort O Lupton � p �o Hudson 412 Milts _s-.. .l s •-re Y s44 31/2 Miles Sw -ED CO24) ncza k v° © , o • u � a' ° 3103 II 5Ectiort I TIN R. G6W -History of Parcel of Land 046 (O45) Parcel of land +s locatEd In the NE4 of section 19 township 19 range 66. .Approx. 4'z rnilcs East of Fort Lupton 31 m i IEs \Nast of ttudsorl on State. highway 52 . n N Current ownership of individual lots P+. E2 NE4 Section I TI NI R66W within The. parse( Iss (022) Robert J. Watkins 623 2oland ea Lots E. Zesd @4) Eugene ao 4 2ornona Fe C{ lovar (52) 2ob€-rt Jo Felicity E)roWn �04) Jamas /\40 Vorronn V1° ? fE,y CO-4 6- Thomas Kothrjn PhaI Ds The pistol-y of the braakup of the parcaI into Individual lots is shown on the col Hu.) rlct bonf s„ NE cot: Original parcel con ve je-d to Dorset Calenn on 2nd February , 1970 from the estate of Macgre3or Comhle.tE undividad 2e.cord e.d 2 - 4 - 1970 �OVCEle Rec., No. 1542259 Lot C02) WQ5 created and purchased by Robert J. Watkins 022 on 5th -August , 1970 Recorded 9 - 3 - 1970 Book. No. G32 Rec. No. 1554150 Tints is a legal lot Lot 023 was created and lour chose8 by 2oland a0 ti Lois E. 2a.ac1 on th SE 023 5 �tel��r � 197O -A9reetnEnt Eccord cl 3 - 15 - 197O Boole No. G33 2E-co No< 1SS4-828 DFE ra 2EoordFri 2 - 24 - 1972 Book Noa 662 Recd No. 1584301 This is a lEs al bto Lot 024 02-5) was (025) created and burchasEd bH eu9ene � a Daniel A. Glover on 19th April , 1571 (024) 2ecorded 5 - 4 - 1971 Book No. 645 2Eco No. 15 66 951 This is a Is3al lot This lot was subsequently spilt _ SEE follouo no }Dose. Lot (025) N2 of 1arcel was created and I urchased by 025 Daniel -A0 t Joyce Edo Glover on 29th April , 19-71 2ecorded 5 - 4 - 1571 024 Book No. G45 Zeco No, 1566891 Lot (02- subseduently purchased by Robert Jo E4 Fella-fro Brown on 23rd Jai-ivory , 1973 2ecorded I - 26 - 1973 Book A No. G84 2ecb No0 1606091 _ J Lot 024) 52 of parcel was created and DurchasFc-I by Eugene Ea E-f Romano F. Ca lover on 29th -April 9 1971 2e_corded S- 4 - 1971 Book No. 645 2sco No. 1566690 These Care both lecjal lots. Lot 0-4 was created and burchasad by Edward Do Harmon 111 t1 TheresaJ0 tlarnion on 2nd January , 1974 2ecordEd 1 - 7- 1974 Book Noo 7O6 Eac, No. 1627896 The shaded lot in the SW coy. of the. parcel was previously purcriased by 046) Edward Do -Hart-non 11I Ef Theresa J' -Harrison on 17th January , 1972 Both lots subsed,uently purchased by v Thomas ti Kathryn Jo Phelps 111 Recorded 8 - 25 - 1975 Zacordecl 8 - 26- 1975 2eco No, 1668231 Zeta Mo. 1668282 Lot (6-46� was created offer 30-fh -August 9 1972. Lot 046 is less than 35 acres and aimbEcrs to be in violation of The Weld County Subdivision 2e3ulctions Lot <045 is the lot rsmainin �------ --- - -- -- - 9 and was c-eotEd on 2nd. January , 174 ' I Lot @4� su bssctuent ly urchasEc1 }may Jamas M. 84 Mariann Ala Rile..3 on 10th TF.brucar j y 1978 E'EcorcJ FCJ 2 - 17- 1978 Book No. 823 2eco No. 17449.93 045 J Lot Co45J was craottd after 3O-th Augus+ s 1972a Hello