HomeMy WebLinkAbout790797.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 413 - WINDSOR GARDEN
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 22nd day of August, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of land, as shown on the plat known as Recorded
Exemption No. 413, being the property of Windsor Garden, described
as Part of the North Half of Section 32, Township 7 North, Range
65 West of the 6th P.M. , Weld County, Colorado, being more parti-
cularly described as follows :
Part of the North Half of Section 32, Town-
ship 7 North, Range 65 West of the 6th P.M. ,
County of Weld, State of Colorado, being
more particularly described as follows :
Beginning at the Northwest Corner of said
Section 32 and considering the North line
of said Northwest Quarter Section 32 as
bearing South 87°57 ' 00" East, with all other
bearings contained herein relative thereto;
Thence South 87 °57 ' 00" East, along said North
line, 1440. 95 feet (1441. 71' recorded) to the
True Point of Beginning;
Thence South 02°56' 24" East, 382. 85 feet;
(South 02°57" East, 382. 82 recorded)
Thence South 52° 07 ' 51" East, 145. 03 feet;
(South 52°01 ' 30" East, recorded)
Thence South 81°01' 00" East, 285. 20 feet;
Thence South 07°18 ' 04" West, 127. 79 feet;
Thence South 06°40' 51" East, 366 . 18 feet;
Thence South 19°16 ' 01" East, 1770. 05 feet
(South 19°29 ' East, 1776. 9 feet recorded)
Thence South 88°20' 49" East, 1388 . 40 feet
(South 88 °16 ' East, recorded)
Thence North 20°00' 22" West, 2836. 98 feet
(North 20°26 ' West, 2848 feet recorded)
Thence North 87 °57 ' 00" West, 244 . 40 feet to
the North Quarter Corner of said Section 32;
Thence continuing North 87°57' 00" West,
1201. 01 feet to the True Point of Beginning.
Said described parcel of land contains 81. 971
acres, more or less, including a strip of ground
30 feet in width along the North line of said
described parcel of land reserved for county
road right-of-way purposes and is subject to
any rights-of-way or other easements as granted
or reserved by instruments of record or as now
existing on said described parcel of land.
790797
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
definitions 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
parcel of land owned by Windsor Garden 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 subject to the recorded exemption plat being
amended prior to recording to show a 20 foot reservation along
the east and south property lines of Lot A with the condition
that no structures and/or leach lines be constructed within the
20 foot reservation.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
August, A.D. , 1979.
/) � f BOARD OF COUNTY COMMISSIONERS
ATTEST:111-t (�ntiv�77 �t4nA�L�i ELD COUNTY, COLORADO
Weld County Clerk and Recorder (Aye)
a rk to the Norman Carlson, Chairman
f i Y f-vLdrlf/ (Aye)
putt' Count erk ydya(Dunbar
AP D AS TO FORM: - (Aye)
O C. W. Kirby
County Atto ey Vcv‘„(2t, 0. • Z (Aye)
L/eonard L. Roe _4'G-L/„L , rte/r: Y 2 4``%(Aye)
J/ e K. Ste'inmark
DATE PRESENTED: AUGUST 27 , 1979
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RECORDED EAEMPT/ON N2 0709-32-2 REE413
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RECORDED EXEMPT/ON N° 0709-32 -2-REE413
LEGAL DESCRIPTION
Part of the North Half (N'$) of Section 32, Township 7 North, Range 65 West of the
6th P.M., County of Weld, State of Colorado, being more particularly described as
follows:
Beginning at the Northwest Corner (NW Cor) of said Section 32 and considering the
North line of said NWT Section 32 as bearing South 87°57'00" East, with all other
bearings contained herein relative thereto;
Thence South 87°57'00" East, along said North line, 1440.95 feet (1441.71'recorded)
to the True Point of Beginning;
Thence South 02° 56'24" East, 382.85 feet; (South 02°57' East, 382.82 recorded
Thence South 52°07'51" East, 145.03 feet; (South 52° 01'30" East, recorded 44 Thence South 81° 01'00" East, 285.20 feet; 4.4
Thence South 07°18'04" West, 127.79 feet; 6 /7 4
Thence South 06°40'51" East, 366.18 feet; a
Thence South 19'16'01" East,1770.05 feet (South 19°29' East, 1776.9 feet recorded)
Thence South 88'20'49" East,1388.40 feet (South 88°16' East, recorded)
Thence North 20°00'22" West,2836.98 feet (North 20°26' West,2848 feet recorded)
Thence North 87'57'00" West, 244.40 feet to the North Quarter Corner (N'14 Cor) of
said Section 32;
Thence continuing North 87°57'00" West, 1201.01 feet to the True Point of Beginning.
Said described parcel of land contains 81.971 acres, more or less, including a
strip of ground 30 feet in width along the North line of said described parcel
of land reserved for county road right-of-way purposes and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record
or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
,. n•• ^..
I hereby certify that this plat was prepared under my supervision; and that the `eep$i.I.,
is correct to the best of my knowledg \ belief. •
Ft SA
Ja: •er1'r-ese h .' 4392 '*
10 do P.E. & LS No. 4392 % a 1
PROPERTY OWNER(S) APPROVAL a .. CO
^'RPR,FFY411YV'
We, WINDSOR GARDEN, A Colorado Joint Venture, being the sole owners in fee of the
above described property do hereby subdivide the same as shown on the attached map.
WINDSOR GARDEN, A Colorado Joint Venture by:
Ck. _
es A. Gilbert,Joint-Venturer Ga C. F ck Y ,Joint-Venturer
Richa d L. Kochis
Joint-Venturer JO
The foregoing certification was acknowledged before me this JD day of ' ,A.D.,1979.
Witness my hand and seal.
My Commission Expires:
V// A ' Notary Public
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
1'1a'irktvladv444.44444vt;i0manoltsc4 of County Commissioners
ATTEST: County Clerk
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Dated 0 --2a- 7g ( I 1
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DI-PARIMENT OF PLANNING SERVICES
•
PHONE 13031 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631 WI C.
COLORADO
August 22, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #413
Dear Commissioners :
The attached application, plat , and related items are in reference
to a request from Windsor . Garden , A Colorado Joint Venture, for a
recorded exemption. The property under consideration is described
as Pt . N4 Section 32, T7N, R65W of the 6th P. M. , Weld County, Colo-
rado. The property is located approximately 1-1/2 miles northeast
of Eaton. The property contains 81.971 acres of Class II , IV, and
VI irrigated soils. The request is to split the property into
parcels of 3. 883 acres and 78. 088 acres.
The applicant desires to sell the 3. 883 acre parcel which has an
existing set of improvements located on it . It is the applicant ' s
intentions to keep the 78. 088 acre parcel in agricultural production.
The proposed parcels are separated by an irrigation ditch.
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 proposed split conforms with Section 9-2 of the Weld County
Subdivision Regulations (intent clause of the recorded exemption
procedure) , Section 3 . 3 A of the Weld County Zoning Resolution
(intent clause of the Agricultural Zone District ) , and the Weld
County Comprehensive Plan in that the uses will be compatible
with surrounding agricultural uses. The request will allow agri-
cultural 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
Page 2
August 22, 1979
2. This request complies with the provisions of Section 9-4 A. of the
Weld County Subdivision Regulations.
The Department of Planning Services Staff recommendation for approval
is subject to the Recorded Exemption plat being amended to show a 20
foot reservation along the east and south property lines of lot A with
the condition that no structures and/or leach lines be constructed
/ within the 20 foot reservation. The purpose of the 20 foot reservation
is to provide for the maintenance and operation of the two ditches
located adjacent to the property. This has been requested by the For
Far Lateral Ditch Company and the Gale Lateral Ditch Company in a
letter dated August 14, 1979. The Recorded Exemption plat should be
amended prior to recording it at the Clerk and Recorder' s office.
The Department of Planning Services staff would like to point out that
neither the Eaton Planning Commission nor the Eaton Town Board responded
to the referral sent to it because of the lack of time remaining
between the date when the town recieved the referral and the date when
this request was scheduled before the Board of County Commissioners.
Respectfully,
Chuck Cunliffe
Assistant Zoning Administrator
APPLICATION FOR RECORDED EXEMPI ,UN
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . RE 41.5 APPL . FEE41S .OO
ZONING DISTRICT • rp.,1 RECORDING FEE"{-.QO
DATE AUG 2 1979 RECEIPT NO . tb(o9Zn 111
APPL . CHECKED BY WA.,
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
signatures ) :
I (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"
ACREAGE : Lot "A" 3.883 ; Lot " B" 78.088 ; Total 81.971
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X
Are there any existing improvements on Lot A? Yes x No
Lot B? Yes No x
FEE OWNERS OF PROPERTY :
Name : Windsor Garden, A Colorado Address P.O. Box 698 Phone 686-7197
Name : Joint venture Address Gale ton, co — Phone
Name : Address Phone
WATER SOURCE FOR : Lot "A" North Weld Water Tap; Lot " B" See Attached Exhibit "B"
TYPE OF SEWER FOR : Lot "A" Septic Tank ; Lot " B" None
PROPOSED USE FOR : Lot "A" Farm & Residence ; Lot " B" Farm
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plans submitteq with or contained within
this application are true and cor ect tte st of my knowledge .
-
COUNTY OF WELD ) 1: n
STATE OF COLORADO ) ; J C. J1
Signatur : Owner r Authorized Agent
Subscribed and sworn to before me this 30 day of"7-4 , , 19 77.
SEAL .-----u._
No ary Public
My ComtirAss o expires :
oi
w�'
LEGAL DESCRIPTION :
Part of the North Self (h1t) of Section 32, Township 7 North, Range 63 Vat of the
6th P.N., County of Weld, State of Colored*, being tore particularly described as
follow:
•
Seginniag at the Nortbwaet Corner (NW Cor) of said Section 32 and considering the '
North line of said Nit Section 32 as bearing South 87'57'00" East, with all other
bearings contained herein relative thereto;
Thence South 87'37'00" East, along said North line, 1440.93 feet (1441.71'recorded)
to the True Point of Segianing;
Thence South 02'36'24" East, 382.85 feet; (South 02'37' East, 382.62 recorded
Thence South 52'07'51" East, 143.01 feet; (South 32'01'30" last, recorded)
Thence South 81'01'00" Peet, 283.20 feet;
Thence South 07'1S'04" West, 127.79 feet;
Thence South 06'40'51" East, 366.18 feet; •
•
Thence Borth 19'16'01" East,1770.03 feet (South 19'29' East, 1776.9 feet recorded)
•
Thence South 68'20'49" laat,13SS.40 feet (South 88'16' East, recorded)
Thence North 20'00'22" Weet,2836.98 feet (North 20'26' West,2e48 feet recorded)
Thence North 07'37'00" West, 244.40 feet to the North Quarter Corner ($ Cor) of
Section 32;
er$ -
Theses continuing North 87'37'00" Seat, 1201.01 feet to the True Point of $ginning. • •
EXHIBIT "A"
'
"EXHIBIT B"
1. Two (2) shares of Larimer and Weld Irrigation Company.
2. Two (2) shares of Far Lateral Company.
3. Three (3) shares of Windsor Reservoir and Canal Company.
' ,
alb &
ATTORNEYS AT LAW
1201 10TH AVENUE
GREELEY, COLORADO 80631
RICHARD N.DOYLE TELEPHONE
FRED L.OTIS
(303)353-6700
July 24, 1979
Mr. Gary Fortner
Chief of Planning Services
915 10th Street
Greeley, Colorado 80631
RE: Recorded Exemption
Dear Mr. Fortner:
Be advised that I represent Windsor Garden, A Colorado Joint Venture,
composed of James A. Gilbert, Richard L. Kochis and Gary C. Flack.
Windsor Garden desires to apply for a recorded exemption as more fully
described in the application attached.
This property is well suited for the proposed recorded exemption for the
following reasons (all references to Lot "A" and "B" are as per the
descriptions in the accompanying survey of Jasper Freeze) :
1. An irrigation ditch divides the two properties, making
Lot "A" difficult to farm in conjunction with Lot "B".
2. The irrigation ditch is a "natural" boundary line.
3. A house presently exists on Lot "A" and not on Lot "B".
There is no present intention to place improvements on
Lot "B", rather to keep it entirely in agricultural use.
Therefore, the number of non-agricultural uses will not
increase by the proposed split.
4. The proposed division will correct the irregular shape
of the parcel.
5. Both parcels will have access to Weld County Road 76.
6. Both parcels will have adequate water supplies and the
split will not increase demand on water supplies.
Thank you for your courtesy in this matter.
Sincerely,
e !-Ct.
Fred L. Otis
Attorney at Law
FLO:skl
Enclosure
4r.
im Gilbert
BEOE ST IRD GDIRECTORS •
ES 0 NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE AI�'7 r!� Y HIGHWAY 85 LUCERNE, COLORADO 60646
GARYPSON / J 11* LYLE NELSON, MGR.
Tom REED
-. P.O. BOX 56 • PHONE 356.3020
July 30 , 1979
TO WHOM IT MAY CONCERN:
RE: Water Service
Dear Gentlemen:
This letter is in response to your inquiry regarding water
service to the following described property:
Pt . NZ Section 32 , Township 7 North
Range 65 West of the 6th P .M . . Weld
County , Colorado
Owners : Windsor Garden- a Colorado
Joint Venture
1 . _ Water service is presently being provided to the
above described property .
2 . X Water service can he made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter , this
letter shall become null and void.
Additional comments :
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
le D . Nelson , Manager
LDINT/rMe
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LEGAL DESCRIP . .ON/r/it 5EC5z-/ -/9.5
CASE NO. ,e v/3
33 F
r
y
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
35'-U tit)
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REFERRAL LIST
z
APPLICANT Windsor Garden, A Colorado Joint Venture
CASE # RE-413
REFERRALS SENT OUT ON: August 7, 1979
ell o
U
REFERRALS TO BE RECEIVED BY August 15, 1979
O W U)
U P4 Z
U U 0
W H W
P-1 FLI
H U)o
O U P4
W
z 114 ai z REFERRALS RECEIVED
1179 County Attorney
UG 1 19'9 County Health
ply County Engineer
AtC 14
Eaton Planning Commission
c/o Gary Carsten
}fr P. O. Box 946
Eaton, CO 80615
P.C. 8/3/79 T.B. 8/13/79
Phone: 454-2876
For Far Lateral Company
. ,; c/o Larimer Weld Ditch Company
a;' ' 106 Elm Street
Eaton, CO 80615
SOUTHARD AND ASHLOCK 1$4157677
ATTORNEYS AT LAW •A �� 1g
CHAS. E. SOUTHARD (1873 - 1960) FIRST NATIONAL BANK BUILDING NAfr 1��
WILLIAM
H.ASHLOCK 80631
GREELEY.
COLORADO o0 AUG Agog �; TELEPHONE
D (303) 353-1292
co G1�1 .
August 14 , 1979 i R�,atc.a1h .476 vuovattn"SI' - . kGE6Z4� �
The Board of County Commissioners
of Weld County
Weld County Centennial Building
Greeley, Colorado £30631
Attention : Department of Planning Services
Re : Application for Recorded Exemption
Windsor Garden - Part of : 1/2 of 32-7-65
Gentlemen:
On behalf of the For Far Lateral Ditch Company and the Gale Lateral
Ditch Company, we wish to make a formal recommendation for consideration
in the matter of the above application for a recorded exemption. The
area to be split off from this farm is a relatively small tract, but it
is bounded on the East by the For Far Lateral and on the South by the Gale
Lateral. Both of these ditches are long established irrigation lateral
ditches , the extent of the right of way of which, and it is uncertain and
not recorded as to its exact dimensions , the ditches were established by
long use and by irrevocable license and prescriptive easement . The dir-
ectors of both companies have looked at the situation and consider that
restrictions should be placed on the use of the proposed Lot A, so that
no building is placed within 20 feet of the East boundary line, and it is
considered that the East boundary line is the West bank of the For Far
Lateral. Similarly , no building should be placed within 20 feet of the
South boundary line , which boundary line is considered to be the North
bank of the Gale Lateral. It is also requested that no leach lines or
other such structures be placed within this 20 foot strip . The Purpose
of this 20 foot strip is to provide for the maintenance and operation of
these two ditches . During the irrigation season, the ditch riders have
to have access to the extreme Southwest corner of what is described as
Lot A to take care of the measurement of water through the dividing
boxes , and other measuring devices .
From time to time it is necessary to go in and maintain these
ditches with draglines , backhoes and other equipment , and thus , it is
necessary for a 20 foot area to be available for use . In addition, there
are some large trees on the ditch bank on both ditches , which the ditch
companies plan in some near future to remove as they are tremendous
phreatic wasters of water, and, of course , the leaves and droppings from
the trees into the ditches are a constant source of plugging tile lines ,
irrigation tubes and other such instruments used in the irrigation.
45r
Board of County Commissioners of Weld County
August 14 , 1979
Page 2
The two companies , in connection with many and all other ditch
companies , wish to direct the attention of the County Commissioners to
the potential problem of urban-type use adjoining irrigation canals .
If the County could consider some type of ordinance or other regulation,
it could be of great assistance to the irrigation companies , and could,
in connection with large canals , be a tremendous safety measure to limit
recreational use of irrigation ditches , and the custom of some of the
inhabitants of the County to dispose of their wastes , such as grass , rose
bush trimmings , garbage and other items into the flowing ditches .
Occasionally , problems have arisen where houses are located next to the
ditch banks , and there is no intervening cleared strip of ground that
people have been unaware of the use of the irrigation water, and felt
that the ditches were there for everyones use , and that some people have
had a free right to pump from it . Sometimes this is done with the know-
ledge that it constitutes a theft, and in other instances where eastern
people have come into the area, they have thoughtlessly placed pumps in
the ditch thinking that it is free water and open to the public, which,
of course , is not the case .
Yours very truly,
SOUTHARD ND ASIILgCK
By
WHS :dl
cc : Charlie Cozzens
J . Ben Nix
Henry Pappenheim
Fred L. Otis - Attorney at Law
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FIELD CHECK
FILING NUMBER : 11 SE. AA.; _ DATE OF INSPECTION: AU6 17 .1979
NAME: UO1Y\Q sod' Crox n
REQUEST: �•ef.fX --._ e
LEGAL DESCRIPTION : 2 cosy.) _
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LAND USE: N ISty1GUiL rUt
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Q ZONING : N a�‘cutk\- ,,ra
LOCATION: W1\\'es E %1
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COMMENTS :
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RECORDING DATA - MAPS 6 PIATS
Recorded Exemption # 0709-32-2-RE 413
NAME OF SUBDIVISION _._�.�•_
Windsor Gardens
NAME OF SUBDIVIDER
Part of the North Half (N1/2) of Section 32, Township 7 N-irth, Rance
( CATION OF SUBDIVISION 65_.. 5te.s -.f a-6.th P_M, ,-Coumty e#--Weld,- Stele of COlCiado
1801536
nA TF OF RECDRfI Nf, oaf; $ 1979 BOOK 0RFr.EPT I ON M
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
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DEPUTY COUNTY CLERK & RECORDER
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