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Home My WebLink About790807 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 403 - GENE DRAKE 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 July, 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. 403, being the property of Gene Drake, described as part of the Southwest Quarter of Section 14, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: All that part of the Southwest Quarter of Section 14, Township 7 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, lying North of the Lari- mer and Weld Irrigation Canal. 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 2-1A (3) of the Weld County Subdi- vision 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 Gene Drake 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. 790807 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO r--.O2,- ` 4,.. -( 1r ji'.t.ey ,07 �.4 ATTEST: ari Weld County Clerk and Recorder and Clerk to the Board BY: ( County �JLE Aq Deputy County / AP RO D AS TO FORM: C Count5Attorney DATE PRESENTED: JULY 23, 1979 REC-7RDED EXEIVflTION NO.0707- 14-3-RE403 SHEET 1 OF 2 DATE: MAY 24, 1979 OWNER: GENE DRAKE ROUTE 1, BOX 42 AULT, COLORADO 80610 �(4( LEGAL DESCRIPTION (s ,r' ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, LYING NORTH OF THE LARIMER AND WELD IRRIGATION CANAL. OWNER CERTIFICATE GENE- DRAKE (ALSO KNOWN AS WALTER EUGENE DRAKE) .BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPCRIY DOES HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. GE E• D ,rC ALSO KNOWN AS-WALTER EUGENE DRAKE I NOTARIAL CERTIFICATE STATE OF MISSOURI )S COUNTY OF Christian S I THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 31DAY OF MaY A.D. , 1979 BY iGENE:DRAKE "ALSO "KNOWN AS WALTER EUGENE DRAKE. • - MY COMMISSION EXPIRES: Jan. 29, 1981 I WITNESS MY HAND AND SEAL>• c.�. 42 441.oc•- i 44OTARY PUBLIC • J. Richard Jenkins i SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION AND I,1ntTe, ;�IS @U'.ktlsr fayy i! CORRE T TO THE BEST OF MY KN�WLEDGE AND BELIEF. ; naallir mr-s ` r # 6616 I*1 ), GERALD B. McRAE, PROFESSIONAL ENGINEER AND Na A • oil ;9r••-t & x.`;t0,�• LAND SURVEYOR, COLORADO REG. NO. 6616 Foir'CIO;nckt.giki} COUNTY COMMISSIONERS CERTIFICATE s THE ACCOMPANYIN PLA4IS ACCENTED AND A VgED� FOR FILING. ., ATTEST`:-'jj�1 vnan�/�v\ f4T�1/i.y� COUNTN CLERK CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS B , .‘ PROJECT NO ,k McRAE & SHORT, INC. 1227 -8th Avenue Greeley, Colorado 80631 79057 REC DRDED EXEN..ATION . 1 _ , No.0707-14 - 3-RE403 - SHEET 2 OF 2 , • .f .05/0. N 14 . . .. ..a 4 i .,.J . . l 1 L¢h xh 0 f 01 0 a t % 14 11 . C k 3 o 0' 200' 400' 600' 800' LOT S ` o ;t0 3 P►. Ic / tScale : 1 "=400' LOTA^ate L a Pins found .. , el ' Pins set •.,.� "u LOCATION MAP SCALE 1"=2000' - Nor/h line S.W%f Sec. /47 7 canter of 513c. /4 ('at Quarter corner Sec. /4, T 7N.,R..G6W.. ' I I a3 Q o LOT "B " Pv Approx. /354c. (Scaled) a ..a C I. 140 o � P V a, Q�G 9. Q til �'► i �f�a Qc� R �R P,�0 ' LOTA " l r ' Lit .a 1050 Acres .. O b tl o) ° a', S.49°56'20"E. 427./l' w Southwester/y bank of S. '/e car. Sec. /4 drainage ditchit '332.73' 30 na.? _ N. 90.00'00"N/. tSouthwest corner South /the Sec. /4 S.E. Cot Sec, /4= Sec. /4, T7N.,R.66H/. (Exist. net/0 McRAE & SHORT, INC. 1227- 8th Avenue Greeley, Colorado 80631 PROJECT NO. 79057 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO July 18, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #403 Dear Commissioners : The attached application and related materials are in reference to a request for a recorded exemption from Mr. Gene Drake. The parcel of land is described as Pt . SW* Section 14 , T7N, R66W of the 6th P.M. , Weld County, Colorado. The property contains approximately 136 acres of Class II , III and IV irrigated soils. the request is to split the property into parcels of 1. 05 acres and 135 acres more or less. Mr. Drake wishes to sell the 1. 05 acre parcel to Mr. and Mrs. Ralph Schultz who will construct a residence on the smaller parcel. No residence is planned for the larger parcel at this time. 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 is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses, residential development will be encouraged to locate adjacent to existing towns and in accordance with the comprehensive plans and stated wishes of each community. The parcel of land is located within 1 mile of the Town of Ault and is identified as low density residential in the Ault Comprehensive Plan. The Town of Ault Planning Commission has no objections to this request . Board of County Commissioners Page 2 July 18, 1979 2. The request is in compliance with the agricultural policies of the Weld County Comprehensive Plan in that developments that utilize non-productive agricultural land will be encouraged. The shape of the parcel diminishes the efficiency of agricultural operations on the parcel. The parcel is cut off from the remain- der of the property by a small drainage ditch and is not pre- sently farmed. 3 . For the reasons discussed above, the request is in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states : "The intent in establishing the recorded exemption procedure is to provide a means whereby non-productive agricultural lands may be developed for higher and more productive uses insofar as such uses are compatible with surrounding agricultural uses in areas where land divisions are proposed (Rev. 4-17-74) . " The residential use of this parcel is in compliance with the intent clause of the recorded exemption procedure because said parcel contains non-productive agricultural lands located adjacent to an existing town. The residential use would appear to be compatible with the surrounding agricultural uses. 4. The request complies with Section 9-4 A. of the Weld County Sub- division Regulations. Respectfully, Vickie Traxler Assistant Zoning Administrator csd APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 -• 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . `L03 APPL . FEE 75. 0.0 ZONING DISTRICT A RECORDING FEE $1s" % DATE -� 5 - 7q RECEIPT NO . / OSBk APPL . CHECKED BY UT 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 : ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, LYING NORTH OF :THE ;LARIMER'AND WELD IRRIGATION CANAL. ACREAGE : Lot "A" 1.050 ; Lot " B" 135 m/1 ; Total 136 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 No X Lot B? Yes No X FEE OWNERS OF PROPERTY : GM DRAKE ALSO KNOWN AS ROUTE 1, BOX 42 Name : WALTER EUGENE DRAKE Address AULT, CO. 80610 Phone Name : Address Phone Name : Address Phone ' 1ORTH 'WELD COUNTY WATER SOURCE FOR : Lot "A" WATFR DISTRICT ; Lot " B" NA TYPE OF SEWER FOR : Lot "A" SEPTIC ; Lot " B" NA PROPOSED USE FOR : Lot "A" RESIDENTIAL ; Lot " B" AGRICULTURAL 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 . Christian COUNTY OF 4WD STATE OF (ra$1 Q) Av issour Signature : Owner dr Authorized Agent\ Subscribed and sworn to before me this 31 day of MaY , 19 79. SEAL X jCc,-c cz j(��Q,u .r c N ary Public J. Richard Jenkins Jan. 29, 1981 My Commission expires : ( 7 ' v / eav �c_c� tiQ. 3 3 - - tea_ — rt /4- 7— (06. t.ta-, nA LY - <-cetC..,SZ 2.. cle-4.-Ck rN-_O Co-' / %Y -'U WJ •t, crp : o_ y C • cc� e_ ctc_Leir a c -6 . '- ( . /AL, CC, P - 'cL cox.. c_k- -lz- 1 p 1 e 935 / /_--- a .- #sc % E,LQ ats..a2-1 a..... � Cossn at .yi I T I • • REFERRAL LIST z O APPLICANT Gene Drake H CASE # RE-403 5 REFERRALS SENT OUT ON: June 25, 1979 En o a ( REFERRALS TO BE RECEIVED BY July 6, 1979 H p4 V1 H z U U 0 H W W cn 0 H W O U R W Z z REFERRALS RECEIVED County Attorney (Just Plat ) County Health County Engineer barimer and Weld Irrigation Company c/o Don Engel Box 206 Eaton, CO 80615 X May 10, 1979 North Weld County Water District (Water Service can be made available to both lots) FIELD CHECK FILING NUMBER: RS 403 DATE OF INSPECTION: (012,(0111 `1 NAME: CA€ne Drake, REQUEST: Recarat,& Sxtw, •\it. ti LEGAL DESCRIPTION : fl. Swop %•Ca. \4. , 7 -11%.1 ,tV bW LAND USE : N ‘ 1r011 E /VV'11 ZONING: N 'SytoA MAMA ( , LOCATION: IL tL\t 4401/44P le '� E ,� \AMA e NUA Sit O \t. 4.0r ►rek\ COMMENTS : 'Pr n Po 1keC\. \e A- 11% is S tra%-salt 1. row. 4\.a• • ba\awe_ -1,tt '‘ s revs, 4\ ,.` iv, 1f10.S v1p Lo k ha S Swu.\\ S leYika Atit._ ay.' t\- (S\W:AO•te fro s Wen_ b Skips e.r a\ar.. , Co fl 3's Is ?AAA skr co_ BY: ess . -- LEGAL DES CRIPT-IONIA-.S( 14 - 7- ( CASE NO. 3� to x63 X53-B 344 SOIL CLASSIFICATION OLD NO. NEW N0. IRRIGATED NON - IRRIGATED X 3 - B 01/4 (Q) lit /1e, 6.3 -G 11� I7z /'7MA /cap _ •�' aV` ,fy ,41"Wy,,�4y'�,},, -a 1r +al k•_ Sy 4Lri : 't • y{yt'4_'v tiellia Q...7W �" .44=y1. FM s-.. 6. -3#kit:••..» .r• •, .. '4 .'' f ''I f 1 �ti • -f₹',J{#.if." ,' �' ,d. •F.k • .. 44 ‘ .4' -', .i+'•.9 •J:KA.: : 1 w 1 44 f, G- .'•. . 2 +4.. y . + e. . ,,y -# it.. • .1,1V,1,:[4.• • ,- . •4.1.., A • : 4.,,-s4,44.,,,,.. .d.. t ticiL „₹t 4, f� S �,'R t , s o rj, - fb iuc . , .,.8 ' }fn • • •• F '�F• ,¢� s: a-s ':4 T 't tv i D ,-4.•• w "�'. .tit, Ad ♦ ,* i'M5 i c ..4...*-4 • wo. ._� ••t r ^+;vas 's 13, „t,,,,,,,„s' 1 .4.,,•!,......, R.. �' y.�. k , . ., y ��.:S ) '-.i k'.. M ' i 4b 't y ' Y t^V1. i t (t ! y:.^•.` •y� { di i. i$ F .t5:y: ar. Yi i�,' Hirt,.., -.. ..,,.: ly... _w 'rt v�;4 . , tH t S• P"40i :••,,, a 5. } i 4,..v i t '' s art.-^ I+II' r itiL. . ti: 11044 Re, Y 7 ° *. 4!4 ' 4 M t .. .... . . • • 111•1'tai f _ w' ,..+ i...4.4',4,.., t nw,,^ fi . k'?, Nom'.. isii • y s r 1 :., .. t' V' - s ` �, °- i° )y T r ,~ a < ' ' r{�A. r • / ' „ te• r' .; { .. t y '1 `.y i •n i. A 4.. •, A :N }•z0 Diu. i h T •�J. F.% d ttIkirhik E R 1^+ }x1i{�: ' I� 5"S}s. } .,y•p..- aM1 S'yYy��f'"'Jy j Ff Vie i. i t' • •iAl tr n i .. 1: r ' Y` t ��d , `r i Fes` if•„. f 1Ir y �" R - `� - • f 3 ` yt '•r lit. 1 k F "� i iR' i.• l ,_k p ).fir '!..: Y x,x, i i .+. ti'W 4 f- .. xRg • Vy�• ' ,Y,.`7,, L. t4, • y �,_ ice, ... fi i A 1 y t 4 YfQ 4 •g KT•4. _ THE TOWN OF AULT OFFICE OF THE TOWN CLERK AULT,COLORADO 80610 Phone: 834-2844 MAY 4, 1979 To Whom It May Concern: May 1, 1979, Ralph Schultz came before the Ault Planning Commission requesting approval and comments on erecting a tangle family dwelling in the Southwest corner of section 14. The Ault Planning Commission gave their approval although their comprehensive plan does not encourage growth beyond stage 1. but this single family dwelling is compatible with present development in the area. Sincerely, The Ault Planning Commission Ar ,^ RECORDING DATA PIlATS Recorded Exemption #0707—_14=3— 403_ ----�"'-- NAME OF SUBDIVISION Recorded Drake —'" - Township 7 North NAME OF SUB p--art o SUBDIVIDER "Tart the Southwest Quarter of Section 14, Weld Count Colorado Range 66 West of the 6th Principal Mew�'psye ya 1'79 9661 ATEOLOCATION EO SUBDIVISION jUl 9 CEPTION N BOOK ------- MARYOF RECORDINf, ------"-'-"-'"� MARY ANN FEUERSTEIN VELD COU TY CLERK AND RECORDER BY: DEPUTY COUNTY CLERK & RECORDER Hello