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HomeMy WebLinkAbout780744.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 359 - GARY AND MARILEE A. JEFFERS. 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, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public hearing held on the 18th day of December, 1978 in the Chambers of the Board of County Commissioners of Weld County, Colorado that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption No. 359, being the property of Gary and Marilee A. Jeffers , described as the Southeast Quarter of Section 8, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : The Southeast Quarter of Section 8, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado. EXCEPT a portion theLeof conveyed to the State of Colorado recorded May 3, 1974 in book 714, reception number 1635778 of the Weld County Records, Weld County, Colorado. Said described parcel of land is subject to any rights-of-way or other easements as recorded by instru- ments of record or as now ax;sting on said described parcel of land. Said parcel contains 159.424 acres, more or less. does not come within the purview of the definition of the terms, "subdivision" and "subdivided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definition of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described ✓ 780744 A it parcel of land owned by Gary and Marilee A. Jeffers be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO Pro tern n a( ?'t.'t,`, i'tilt4ItP.fri/ ATTEST: F, Weld County Clerk and Recorder and_ Clerk to{{ � -7 the Board � Deputy County Clerk / ` I A __OVF' AS TO FORM: J Y County Attorney DATE PRESENTED: DECEMBER 20 , 1978 'RECORDED EXEMPTION Na 0957- 8- 4 - RE 359 LEGAL DESCRIPTION The Southeast Quarter of Section 8, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado. EXCEPT a portion thereof conveyed to the State of Colorado Recorded May, 3, 1974 in book 714 Reception number 1635778 of the Weld County Records, Weld County, Colorado. Said described parcel of land is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described creel of land. Said parcel contains 159.424 acres, more or less. . �1 SURVEYOR'S CERTIFICATE p< "V O�PG 1 I hereby certify that this plat was prepared under my supervision; ,andnriaY,,the same is correct to the best of my knowledge and belief. ' ;" T JASPER F 7. COLORADO .E. L.S. 44342 ' PROPERTY OWNER'S APPROVAL 1F*�E60%w vw•R' We, Gary A. Jeffers, and Marilee Jeffers, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. s (MD/4i / 7 ( 4i� / / (( I'Q Lett,a''t. y Gary Ai Jeffers I'i Marilee Jeffers The foregoing ce tification was acknowledged before me this 15th day of November , A.D. , 1978. My Commission Expires: June 4 , 1980 \ ; Witness my hand and seal. )(J 1CCC //7 Notary Public PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and appro -d for filing. /• RMAN B.ARD OF COUNTY COMMISSIONERS ATTEST: County Clerk i "1 9tsL &Date jN - ,,Q • if or I'f 76-678 RECORDED EXEMPTION N.Q. 0957- 8-4- RE 359 in .49. /1 gal t %'cr'es N P o e o h e` k b • 0 N4SizgsE ^0i0 /-Z/a.BB ' .T .y-^ h a w S.r's E S ne91✓ 0� dear /s' NtD N etrn Is! % P /a3.2172.- �i•rS p� 9.NR.OYY S.B99.TOa = ?96-✓•9' /7c/2•04,1,2 /QaaI gd VI< / � /z02zo' ii!69.4ren"rr Z6/S./t „3/4579°-9'7270111':- (a/sc s/14'0 2 4/) _.--) .US f//Gf/N'/9Y ''B? s.,v.po.» /sat/' S.06073.0"YY. O W4't4s Lf'4ry .9.r•Mar//cc Je/f c rs 87: 6, 80,432 YY.'oo&sor/ Co%orao% eon-c S• 6 r Co. Rd. y6a �i�' -. 8 / 1 t - b Jar a' , -lent q /8 /7 NS N,�S1 /76 Yic,.'/ ry Ar1a/40 I l In Scat/::: ":/ -/2ooa' Jreeoe Cngineer[n[t 78-675 /a•3/•7B O DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO December 18 , 1978 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE : Recorded Exemption #359 Dear Commissioners : The attached application, plat and related items are in reference to a request for a recorded exemption from Gary and Marilee A. Jeffers . The parcel of land under consideration is described as the SEI , Section 8 , T5N, R67W of the 6th p .m. , Weld County, Colorado . This property is located 4 miles south of Windsor on the north side of U.S . Highway 34 . This property contains approximately 159 .424 acres of Class IT , III and IV irrigated farmland. The request is to split the property into parcels of 10. 324 acres and 149. 100 acres . As indicated in a letter dated November 15 , 1978, it is the applicant ' s desire to discontinue farming operations on the property . Their intent is to continue living in the improvements on the 10 . 324 acre parcel and seek employment elsewhere . A letter is contained in this packet with regard to the purchase of the 149 . 1 acre parcel . The prospective purchaser has indicated they will continue agricultural use of the property in question . Based upon the information submitted and the adopted policies in the county, the Department of Planning Services staff recommends the request be approved for the following reasons : 1. The request conforms to the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the Agricultural Zone District (Section 3 . 3 A . of the Weld County Zoning Resolution) , and the Weld County Compre- hensive Plan in that the uses will be compatible with the surrounding agricultural uses . The request will allow agricultural and related uses to be the predominant land uses . There will be no reduction in the amount of land currently being used for agricultural production . Board of County Commissioners RE-359 Page 2 December 18 , 1978 2 . This request complies with the provisions of Section 9-4 A of the Weld County Subdivision Regulations . i24-7444 Re •e tfully , homas E . Honn Zoning Administrator TEH: sap APPLICATION FOR RECORDED EXEMPIAON PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . APPL . FEE ZONING DISTRICT (?%A4 RECORDING FEE °O DATE r1- ► 0--lg 0 RECEIPT NO . 2.- APPL . CHECKED BY TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : K (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : (See attached Exhibit A, made a part hereof by reference) . ACREAGE : Lot "A" 10. 32 ; Lot " B" 149 . 1 ; Total 149. 42 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No Are there any existing improvements on Lot A? Yes X No Lot B? Yes No X FEE OWNERS OF PROPERTY : Name : Gary A. Jeffers Address Rt. 1 , Box 32 Phone 686-2862 Name : Marilee A. Jeffers Address Windsor, CO 80550 Phone 686-2862 Name : Address Phone Little Thompson Valley Little Thompson Valley WATER SOURCE FOR : Lot "A" Water District ; Lot "B" Water District Underground vault Underground vault TYPE OF SEWER FOR : Lot "A" and leach line ; Lot "B" and leach line PROPOSED USE FOR: Lot "A" Residential ; Lot "B" Agriculture 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 . COUNTY OF WELD ) STATE OF COLORADO ) Signature : w r or Authorized Agent Subscribed and sworn to before me this 15th day of November , 19 78, SEAL BC�tJ G-`ems Notary Public ��0 , ��121314151s, June 4 , 1980 cD R 4'0p/ �N FC lg> o My Commission expires : ,co v44keI yr �© 6ZBel29 LEGAL DESCRIPTION OF PROPERTY OWNED BY GARY A. JEFFERS AND MARILEE A. JEFFERS The SE 1 /4 of Section 8 , Township 5 North of Range 67 West of the 6th P . M . , Weld County , Colorado ; Excepting therefrom easement as granted by instrument recorded in Book 796 , Page 327 , Weld County Records ; Except Right of Way as conveyed by Deed recorded in Book 956 , Page 66 , Weld County Records ; Except Right of Way as conveyed by instrument recorded in Book 608 , under Reception No. 1530361 , Weld County Records ; Except Easement as granted by instrument recorded in Book 672 , under Reception No . 1593948, Weld County Records ; Except portion as conveyed by deed recorded in Book 714 , Reception No . 1635778 , Weld County Records ; Except portion as conveyed by instrument recorded in Book 714 , Reception No . 1635780 , Weld County Records . J November 15, 1978 TO WHOM IT MAY CONCERN: In reference to our application for the recorded exemption, we would like to explain our reasons for requesting the exemption. After many months of hard thinking and discussion we have decided to discontinue our farm operations on our property and seek employment elsewhere. Pursuant to that decision, we have had discussions with neighbors and potential buyers of our farm and all of those discussions indicated that our farm could not be profitably farmed as a single unit, but would have to be combined with other farms for economical and profitable farm operation. Our discussions resulted in us finding a potential purchaser who was interested in acquiring only the farmable land and not the immediate homestead. Therefore, we have decided to request this exemption so that we can sell the farmable property to an interested party or neighbor who would combine our farm with other farm operations. By doing this, we thus keep the farm in agriculture operations, but it also allows us to be able to continue living in the home on the exempted parcel during the immediate future. V�ppe,,�r���y truly o J `.� Gary A. Jeff r Marilee A. Jeffers ,•\\0\7,13147516,p ik co RFc �oec9) o ��F6d8ZL2°'� J KENNETH F. LIND ATTORNEY AT LAW THE LAW BUILDING loll ELEVENTH AVENUE P.O.BOX 326 GREELEY, COLORADO 80631 TELEPHONE(303)353.2323 December 12 , 1978 Department of Planning Services 915 10 Street Greeley, Colorado 80631 Attn : Tom Honn Re : Jeffers Exemption Dear Mr. Honn : Pursuant to our telephone conversation of December 12 , 1978 , this letter is to confirm certain information which I now have regarding the Jeffers exemption . At this time there is in existence a valid and binding offer by an individual who does not desire to be identified , which has been given to Mr. and Mrs . Jeffers concerning the purchase of their farm property . I do know that this offer is intended to purchase the farmable land for the purposes of combining the Jeffers farm with other property the individual and his associates own in the Windsor , Johnstown and Milliken area. This property fits into their farm operations which do not require the purchase of the home and adjoining properties for farm purposes . The land will remain an irrigated farm and farmed in conjunction with other farms in the immediate vicinity. As the purchaser does not desire to use the home and adjoining out-buildings for farming purposes or operations , that is the reason the purchaser requested Mr . and Mrs . Jeffers to seek an exemption for the homestead and out-buildings . I apologize for the fact that I am not able to release the name of the purchaser at this time , but I sincerely hope that this letter is adequate for the purposes intended . Very 1 yours ��0�\1213*1S�6 n DEC1978 ;R.; Ken eth F . Lind co RECEIVED KFL : sb pew Gerry ;�v r� AAV1 KENNETH F. LIND ATTORNEY AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY, COLORADO 80631 TELEPHONE(303)3533323 November 14 , 1978 TO WHOM IT MAY CONCERN : I have had an opportunity to discuss the proposed exemption and sanitary sewage disposal means with the Weld County Health Department. My conversations indicated that Lot B would qualify for a vault and leach line type sewage disposal system in accordance with the design requirements of the Weld County Health Department . Lot A currently has a vault and leach line sewage disposal system on the premises . Very uly yours Kenneth F . Lind KFL : sb RECEIVED N0V 1 1978 LITTLE THOMPSON VALLEY WATER DISTRICT DIRECTORS: TELEPHONE 532-2096 DEAN C. ANDERSON 307 WELCH AVENUE LOUIS F. REIN DRAWER G DAVID MCGEE BERTHOUD. COLORADO 80513 E. THOMAS RICORD CARET J. SALOMONSON MANAGER: LOVILO H. FAGAN October 31, 1978 Kenneth Lind 1011 11th Avenue P. 0. Box 326 Greeley, Colorado 80632 Dear Mr. Lind: The Little Thompson Water District can supply a water tap at this time to property located in the Southwest Quarter of Section 8, Township 5 North, Range 67 West of the 6th P.H. , Weld County, Colorado. Service would be contigent upon receipt of the required fees at time of application and compliance with the rules and regulations of the District. Very truly yours: LITTLE THOMPSON WATER DISTRICT 2)/?pi Lovilo H. Fagan, Manager LHF/cg cc: J tritill, L n #.m f • • F ->,G 0, *,:r.-",:,..ix �.. t � y .. e l • ' d k y.tt'..' -r ka 16.". .'- •-ia ,1\V%'mo :r 4 47 itr pr ' 2 ' > J % rhos'1. x:.ry \ \ Pa.a1:. ) ,i' 7.11-', 4,, � I"� q t , . e' '=t , 1 ; 995 --;:±i":!7,- A I . 4-. M i _!! + 0. it, °:tom. � kiD5J ill�,4 ` 4,w ,� }4% ., p i i o"� a.4r a� `/ i 'A - 4 l • 4. t. �r -4,lc ' � !j A r a n. „.„, e 7 Q tl ' { V _ kw.% P 4 , LL''r. i-�i 'B°°-.- } 1 i #} r. i �. . . ,,.... .., ,,,. .. , ..,yam ' 4 •,,,,. - ''',-,-,".L.,!.,,, 4 _ i .. .,•F kr �^ PA t hII . %k'N y�P r y.+ r r x. t Y k� •( W iL pE, , \'fib is ru t t k, h1 ' r i fIred 4°4 SN 9 $ '" 1p?n �^�:.�my ti � r�'F. r ` , 1 4 i q :::# a caR"F%VH sh ,n. uF. t^V .':#f t ,i i,...--147,1,,,,'. "' „,,,).4t.,„ ''• i � rt� y J' x. • 1Y tE --: :'ity&IgY� , q In , LEGAL DESCRIPT-IN S-5- 67 CASE NO. RE359 la Note: SON- 3.41FO ON S51:4 - ONty X5O- X"3—' ^-B qo ask roe 40_r N\41B SOIL CLASSIFICATION OLD N0. NEW N0. IRRIGATED NON - IRRIGATED 41 - B -79 31 a �e 40 -c lb SY e Ire 40 -8 i5 We Ike X53-D 34 Ele �e • 0 0 BOOR 603 i > Recorded at... I r�o'clock .1...M. QEc..3 1968 ,Ectikci15243.33 ten, (• '..; _ ..-. m No SPomErt , Recorder. reran ,t i /!/ KNOW ALL MEN BY THESE PRESENTS, That Wilbur J. Jeffers and Dora G. Jeffers y mf 1 County of Weld , and State of Colorado, 10 Os ( the tjidsation of other valuable consideration and Ten Dollars, *'uj pad, hereby sell and convey to Gary A. Jeffers and Marilee A. Jeffers, as joint tenants. M r d�f�,�sh.. 'y, • County of Weld r1 s4T^ •� , and State of Colorado, .z the follewliR sml property, situate in the Canty of Weld and State llS Colorado, tawit: I ~ The Southeast Quarter(SE}) of Section tight (8), Township Ft (5) �~ i North, Range Sixty-seven (67) West of the Sixth (6th)P.M. , together 3 1 0 with any and all water rights, water, ditches, reservoir., and water ,,,,l,,,��ttt,��� S q easements thereunto belonging or in any wise appertaining to said IO ' f` O premises, including four (4) shares of the capital stock of The 1� Greeley and Loveland Irrigation Company, one (1)water right in k wi The Loveland and Greeley Reservoir, evidenced by Contract No. 1 E^ '_' , 99. five (5) shares of the capital stock of The Big Cut Lateral and # ± Reservoir Company and fifty (50)acre feet of water of The Northern ta Colorado Water Conservancy District. ` hi • , with o,8 its appurtenances, and die warranttitle the cams, subject b exceptions and ressrvatda j of record and 1968 general property taxes. I Z k til Sped and delivered this third dny of Sz: ! . (SEAL) • i STATE OF COLORADO,1 4 i COUNTY OF WELD. r • a es/ � foregoing i was acknowledged before me this 314 pec of 1p6S , bye NilbertJ. Jeffers and Dora G. Jeffers. day o iq .,i 41 ItTNESS,nry head and ofNciai sal. o' llfy comini expires N' �Jrl w I h � r j`I ' U L e Nary heat ! fr l ne or Perron, basin leaert name or noses:if by persons acting in representative or d�as YM-B4M. them hen saes or person se aaeatw, attorney. -hi-tact a otherdescription; assdb "'. officer of eorporatbe. tbem insert aces of such WWI or officers,s thecapacity at or i"i°,' e . s.) ma- in k•- STATUTORY ACKNOWLEDGMENT.SESSION president or other officers of each oapoealoS sae- `. lira. .'y WARRANTY DEED.. Statutory Fero tt ' Go,.a.. w."•w. . . iti r tits. mEmoRAnDum wok Planning Commission November 22, 1978 To Date COLORADO From Re: Gary Jeffers Recorded Exemption Subject: No engineering problems anticipated by this request. Any new accesses must have approval prior to installation. ...-a""--Gilman E. Olson mm N0V 1978 J. RECEIVED KW6.WIN Cantyia[Counties �8C991ci X FIELD CHECK FILING NUMBER: RE-359 DATE OF INSPECTION: 11/28/78 NAME: Gary Jeffers REQUEST: Recorded Exemption LEGAL DESCRIPTION: SE* Section 8, T5N, R67W LAND USE : N Agricultural E Agricultural S Agricultural w Agricultural ZONING: N Agricultural LOCATION: 4 miles south of the E Agricultural Town of Windsor S Agricultural W Agricultural COMMENTS : The proposed Lot A contains the existing improvements which includes a residence, several outbuildings, a barn and corrals. There appears to be a natural drainage area which flows through the property from the south to the north and possibly northwest . Highway 34 is located on the south side of this property. All accesses appear to be existing. The property appears to have been in agricultural production on proposed Lot B. Crops appear to have been corn and possibly wheat . The property appears to be irrigated farm land. BY: au.eskasid\s„. X Weld OF HEALTH W e/ / County Heath Department DAVID WERKING. DDS. Greeley FRANKLIN O. YODER, MD, MPH WILLIAM BUCK, Roggen Director 1516 HOSPITAL ROAD DORIS DE FFKE, Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ, JR., J.D., Greeley ANNETTE M. LOPEZ, Greeley (303353-O540 FRANK MYERS, M.P.H.. Windsor HERSCHEL PHELPS, JR., M.D.. Greeley KATHLEEN SHAUGHNESSY, PHN, Ault November 29, 1978 ARTHUR G WATSON, Platteville Chuck Cunliffe Planning Services 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Recorded Exemption requested by Gary and Marilee Jeffers, has been reviewed by Environmental Health staff and no apparent conflict with health regulations is indicated. Sincerely, `= D r � J n G. Hall , M.P.H. ,, Director - Environmental Health Services JGH:dr "� 9 -x (: RECE© TrYT Weld %arming 0:8:117 FY (4("�Sld�itC4�„ X STATE DEPARTMENT OF HIGHWAYSweld County JACK KINSTLINGER >" "•. EXECUTIVE DIRECTOR SH 34 Jeffers Exemp. \ DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE r x .! DWIGHT M. BOWER CHIEF ENGINEER #1/4_. f DISTRICT ENGINEER STATE OF COLORADO NW Corner of P.O. BOX 850-1420 - END ST. • GREELEY. COLORADO 80631 • (303) 353-1232 Smith Rd. and November 30, 1978 SH 34 DOH FILE 45100 Mr. Chuck Cunliffe Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the application from Gary Jeffers for a recorded exemption, and we find no conflicts with our interests. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvdcs Assistant District Engineer AC: da cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson via Rames-Finch-Graham w/encl . �g�� 12_34S6, ti ac 191 o co RE.CE'N Eo to Conti c�" , ?la Comaissioa���/ 4' e-N RECORDING DATA - MAPS 8 PLAN .. NAME OF SUBDIVISION Recorded Exemption #0957-8-4-RE 35_ 9 NAME OF SUBDIVIDER Jeffers, Gary A. & Marilee ___.___ -_---- Pt SE4 S8 T5N R67W of the 6th P.M. , Weld d County, Colorado 1.OfAT10N OF SUBDIVISION _ 0EC 2 2 1978 BOOK RECEPT I ON M 1776551 DATE OF RECORDING — MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: DEPUTY OIINTY CLERK 6 RECORDER Hello