The URL can be used to link to this page

Browse Search

Home My WebLink About790800.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 410 - IRVING CANNON, ET AL. 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. 410, being the property of Irving Cannon, et al. , described as the East Half of the Northeast Quarter of Section 23 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : The East Half of the Northeast Quarter of Section 23, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado 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 Irving Cannon, et al. , be, and hereby is, exempt from the definition of the terms "subdivision" and "sub- divided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended subject to the following: 790800 1. An additional 29 feet of right-of-way being reserved along the south side of State Highway 392 as requested by the Colorado State Department of Highways. 2. Any development on Lot B obtain access from Weld County Road 47 so that unnecessary conflict points on State Highway 392 can be avoided. 3 . That the recorded exemption plat be amended to include the Colorado State Department of Highway' s request prior to the recording of said plat. 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. BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO (Aye) Norman Carlson, Chairman Ly� frix„i tz-Ca . (Aye) Ya Dunbar f, l Az? (Aye) C. W. Kirby 2 ekc„c'• c3 at, (Aye) Le nard L. Roe L(i��v�1 � 7r 'lf).W. . kAye) I � a K. Steinmark ATTEST: ` Weld County Clerk and Recorder Clerk to the Bo. . 1 •_ \ Deputy Count ' erk AP:" i ED AS TO FORM: _ CT' - County Attorney DATE PRESENTED: AUGUST 27, 1979 r IPEC IIJRDED EXER/h—ITION a NO. 0803 - 23— I—RE--410 o• ti SHEET 1 OF 2 DATE: July 20, 1979 , ..ti,' 4r1 OWNERS: MOTT B. CANNON and IRVING M. CANNON +%4 {,( 22794 Highway No. 392 Greeley, Colorado 80631 ` 16 ••LEGAL DESCRIPTION t• . THE EAST HALF (E 1/2) OF THE NORTHEAST I7 , el QUARTER (NE 1/4) OF SECTION 23, TOWNSH1 , 6 NORTH, RANGE 65 WEST OF THE 6TH 'PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO OWNER'S CERTIFICATE r Mott B. Cannon and Irving M. Cannon being the sole owners in fee of the above property do S her by sudivide the same as shown on the attached map. 1 '' Mott , nnon ' [ Iry Pr. non NOTARIAL CERTIFICATE ? State of Colorado ) • County of Weld )ss State of Colorado ) Lt Lf �7 The foregoing certificate was acknowledged before me thisday of 9 / ' A D., 1? by Mott B. Cannon and Irving M. Cannon. / r ' tig. • My Commission Expires: Witness my Hand (andL Seal: entAtte OJ/• L� , ' Notary Public • a,� SURVEYOR'S CERTIFICATE 't' urmi I hereby certify that this plat was•prepared under my supervision and that thQ,, arplecji "t9rrect to the best of my knowledge and belief. c��'4�'3 ..•1E•:q� + * 6616 s* Gerald B. McRae, Professional Engineer and to e p Land Surveyor, Colorado Reg. No. 6616 yr -F i.•°'a• O• „` G C Ois' : COUNTY COMMISSIONERS CERTIFICATE � p4 F r '''1•;.:=4 :=4 v The acco ing at accep d. and approved filing. ,I".', "*.' ATTEST: � �b4� County erk Chairman of the Board of County Conmissioners.,t t ,BY:q.4.n.eezd Witt (4417 DATE: t r a p l �r fi it 7 ,;/ ytl. . ,,� A. 't 0 4 ' _ iii / .' , ,, i,, ,.. •'It.'*^.I McRAE & SHORT, ^�' - 1227-8th 'Avenue Greeley, Colorado 80831 14095 it • REC. DRDED EXER" ?TION " NO. 0803-23-I- RE- 410 ,,. , 1 SHEET 2 OF 2 Stote N;,hwa 392 7,: 1.00 A a v o 0 Lot B 23 6- 65 a too �o tao eao -vi ts H3 Scale r l "+ 200' ql a h ■ t Pine found k/etd Coonfy Rood 66 ,] • t Pins se11 � LOCATION MAP j� SCALES 1"2000' b,$Y' 4 O , �t S/,o�e Highway 392Nt CCor. Six.z3 • .0 99.49'3O'E T.6 d/. ..65W. O /94.00', (320! ti `GI'f:ess --c,g,§ o�i.7 TY.S3'-SB9_;ia:it-..�-9A.9_8:_ v orntra \\ ,• P s90`/7s- c 4�9hway nth #5928N. :> Lai ^ A/o$e•• Aoki-bona' 291! a-served {or a 467/ Ac. Fuutture �kghway Use �' Cror /via/ of Go S'Qcoth ,, a N M Of Section Gi'ney k'` b.t N/4 5 I i 78t gees c . O vic i dole: Lel B restricted to 4 occoso on W.C. std. 47 it 1 0 o.• H � c • IC...) . art 13 • J No I Iv. • • D 43 Nti: Ir ro3 h4 h ' Ivd . /3201 • � �yK i<" N PROJECTNO. McRAE & SHORT, INC. 1227-8th Avenue Greeley, Colorado 80631 77EC 095 # GFPARTMENT OF PLANNING SERVICES PHONE 1303) 3664000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO August 22, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption #410 Dear Commissioners : The attached application, plat , and related items are in reference to a request from Irving Cannon, et al for a recorded exemption. The property under consideration is described as the EINE* Section 23 , T6N, R65W of the 6th P. M. , Weld County, Colorado. The property is located approximately 4 miles east of Lucerne on the south side of Colorado Highway 392. The property contains approximately 80 acres of Class I and II irrigated soils. The request is to split the property into parcels of 1. 67 acres and 78. 0 acres more or less. The applicants desire to sell the 1. 67 acre parcel which has the existing residence and farm improvements located on it . The family presently renting this parcel has a contract to purchase it should this request be approved. The 78. 0 acre parcel is currently in agricultural production and will continue to be farmed by a farmer in the immediate area. The applicants have no intention of ever residing on the property. 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 Colorado State Department of Highways has, in a letter dated August 10, 1979, requested that an additional 29 feet of right-of-way be reserved along the south side of State Highway 392. In addition , it has requested that any development on Lot B obtain access from ✓; County Road 47 so that unnecessary conflict points on State Highway 392 can be avoided. The Department of Planning Services Staff recommends that the recorded exemption plat be amended to include the Colorado State Department of Highway's requests. This should be accomplished prior to recording the recorded exemption plat . Resp tfully, as Chuck Cunliffe Assistant Zoning Administrator csd 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 4IO APPL . FEE fi15 .OO ZONING DISTRICT {geKuAAt % RECORDING FEE 114.W DATE 3u tIlS51 UWOOL RECEIPT NO .*`OWfl 1.09R9$ APPL . CHECKED BY ea, 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 : The East half (E 1/2) of the Northeast quarter (NE 1/4) of Section 23, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. ACREAGE : Lot "A" 1.67 acres ; Lot " B" 78 + ; Total 80 +or- Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No xx Are there any existing improvements on Lot A? Yes xx No Lot B? Yes No xx FEE OWNERS OF PROPERTY : Name : Irving M. Cannon Address 2415-20th St. Rd. Phone 352-2594 Name : Mott B. Cannon Address 513-21th Street Phone 352-1888 Name : Address Phone WATER SOURCE FOR : Lot "A" well/dom. ; Lot " B" no domestic TYPE OF SEWER FOR : Lot "A" septic ; Lot " B" none PROPOSED USE FOR : Lot "A" residence ; Lot " B" farm 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 ) Mira, / / Yd Signature : Owner or A horized Agent Subscribed and sworn to before me this ;271 day of c. , 19 79. SEALc/x :% Notary Public My C mmis ion expires : f. July 26, 1979 We, the owners in fee, of the Cannon Farm (legal description attached) hereby request a recorded exemption with Weld County. The following are the reasons why we feel our farm should be divided. A) We are both over 70 years of age. Mott was the active farmer for many years and is now physically unable to farm. Irving is retired from business of 50 years and has no intention of working again. B) The farm (Lot B) is leased to Robert Feite, an active farmer. Bob has every intention to continue farming Lot B and no desire to reside there. C) The expense and time to maintain the improvements on Lot A is too great. O) The family renting the improvements on Lot A have a contract to purchase. (See attached) E) No existing agriculturally productive ground or ditches would be affected by this division. F) We, the owners, have absolutely no intention of ever residing on the farm. In the event this recorded exemption is not approved, it would create a hardship for those involved. Sincerely, Irving M. Cannon Mott B. Cannon dhc • BOARD OF DIRECTORS -.41”°s-- NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES ALEX HEIDENREICH ROBERT ALKIRE erntibi, HIGHWAY 85 LUCERNE. COLORADO 80646 GARY SIMPSON TOM REED .��u'_y, i LYLE NELSON. MGR. - P.O. BOX 56 • PHONE 356-9020 July 26 , 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 : Section 23 , Township 6N, Range 65 West of the 6th P.M . , Weld County , Colorado Lot B Owner : Irving Cannon & Mott Cannon 1 . Water service is presently being provided to the above described property . 2 . X Water service can be 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 LDN/rMc DOMESTIC WATER Proposed Lot A has two wells on it. One well is approximately 80' deep and delivers approximately 5 gallons per minute. This well is used for domestic purposes within the house. The other well (originally a stock well) is approximately 28' feet deep and delivers approximately 2.5 gallons per minute. It is used for lawn and garden watering primarily. Proposed Lot B has no domestic supply at present, however, a North Weld Water Tap is available (see attached) . DISPOSAL OF SANITARY SEWAGE Proposed Lot A has a septic tank, leach field and grease trap, that has recently been cleaned and inspected (see attachment) . There is no history of any problems with this sewage system. Proposed Lot B has no system for sewage disposal. A septic type system would have to be installed in the event of improvement. 4 LEGAL DESCRIP; JN � ��_1/`E 23; EM!/0, CASE NO. / 9/0 `7-A 1O0:A SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED /7-.9 5// 1 /✓5,/r /30-A 19 11 w ,tioti/C �; i- •� 1+ h� " ti,�. li y Y `h 1i Sri • I + 1 �' • !Itf ' ' e[tt ` • ilI sx. 4 '' `. { '7 f l„ 1 7 i 17 ti Ir� • Sµ �.•' ,-�., •..C ` . I / q 1.... e .Ji ,, : 1 Ell �. •...1•+.• [• yy'{i I _a �� F#1 li f :,) a. k6 3y1t1. jI T.•` i ;+ e ��.. • ;s r 'el i;i R • •f . i �� • { • f $ F I•' r!I! 7 • , . '. .4.7., 9: . ., I. i ., t •'`, I it y _ .. Q �! '"'fir`'.' ,•�p,�}• :a II + ,4!..• k•i i t r lk F I ��.sr I\ 1r1 t, e) 6 !kx is0� r♦[7 hi ed• ::R{•t dTPo 1j1j /4• I t'; '' • I iC �Y� yy : ', -, ' • 'ti.- It.."` i.'... .;, !I: . I. • .1:'•''.: I-I:'1' 'lir:,. Iiii :''' 17. .*i. '''' { 7I f ft " { yam �FF rFI 3 Mflit N Ji • I s h #� I • ,z. ' ''. '.: ' - • `. . .." •--..jr.-0. 1‘ ': ,' Pi : ' it IT II-94,0‘.:,..r.-1.--'•".. -t'.! .!;01r.i..• •`"' ''.470:';itE,4„.;,, :it' .7';11; •: :. .': . itr 6 I ,i •, 't• t 7 i, • r .7 ,3 , jt{I E ':ti. -i jl: �•L "i • r" r qi ' • +y I� I ► i t' k y44•• 1 ,j I 4.1S�. • y • r i 9 S' I. tL' ' ir.!:: * ..,, . 1 ! Vi •. ) ; [' • • iI .,; It . . .. .i.,„ , , , . • -5.4.71,,".!.i."14.',.: ' III [ i •A ay I f • • F 1I''''. IV!: ' • / .., ..,,j.!..; 4; -1.1,:.!!.!q, !�i4. •iii. .; • : ,L. .. iiii..; • •.l ..� I '•r ••w Ii i. !f' ,. i1 E i-. ' ',741. .. ,. ,, `I I�,:�ii • REFERRAL LIST APPLICANT Irving Cannon, et al CASE # RE-410 REFERRALS SENT OUT ON: August 1 , 1979 cn O REFERRALS TO BE RECEIVED BY August 13, 1979 W Cl) W U U 0 H W h Fv Cl) O U P4 W z O4 0 of z REFERRALS RECEIVED O1 K``L ' In County Attorney H. 1 '. In County Health U IN County Engineer State Highway Department 1420 2nd Street Greeley, CO 80631 .c -re Tg COLORADO STATE DEPARTMENT OF HIGHWAYS chr * * Weld County 3„T * DIVISION OF HIGHWAYS 7826 ' SH 392 August 10, 1979 Cannon Exemption 4 Mi . E. of Lucerne 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 Irving Cannon, et al . , application for a Recorded Exemption, and we have the following recommendations. 1 . Projected traffic volumes on State Highway 392 indicate the need for a total of 120 feet of right of way, 60 feet each side of the centerline. We ask that additional right of way to meet this need be protected by setback, reservation, or dedication (preferably the latter) as local zoning laws and regulations permit. 2. Access to Lot A is currently available from S.H. 392. We ask that any develop- ment on Lot B obtain access from County Road 47 so that unnecessary conflict points on the highway can be avoided. Thank you for the opportunity to review this request. Very truly yours , DWIGHT M. BOWER DISTRICT ENGINEER Albert ChotVacs Assistant District Engineer AC:da cc: D. M. Bower D. N. Fraser (2) -'\%131415; File: Crier-Jacobson via Rames-Finch-Graham p ,* w/encl . P cc AUG 1979 RECEIVED c to W1ip to99tl v Cn %31111O taniS9119 (uV ti �� 01629Z LO�L } P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 FIELD CHOP. FILING NUMBER: like.41p DATE\_ OF INSPECTION: AUc 17 X79 NAME: YVV1% A. Co,pa 6y GRw 1 REQUEST: Qfinal ...e.a �Mti_. LEGAL DESCRIPTION : tt Kjtb 2:5 , ' LAND USE: N Y \ ,Y GIAIV\Af.\` E Q ti - S 1 � � 19 IS Y L.-VA\ Y �a \ ZONING : N \-4t cut -Lyra \ LOCATION: "r• vv,Nes �a�+ E C) 1% ` \ "-. ,se �alZ.. . Iv Y\cm14N.ra� COMMENTS: Ito?O se..cL Lo l- 111 0%00ns 4xLS w•o\ \w,y ve "*t\'2' Z S , YE S% . off.. oWur DVS 1 LO - \ \v �\qa � (.tA1* o1 'tC�.a► _knit, , 'Pc SVice \\ \\rv & sc e 0,160, -rh.e_ \van ()Yt sg� trAs . tturea5 k�'..n�, '� �S\\v. V BY: 6;4-iiaiiits, RETOROING_DAT A-MAPS 6_PI ATS NAME OF SUBDIVISION _ -1-.RE a}g_----- - -------- - Mott 3 3 Iry nc�•"�l��Aun�_ --__---•---------- .-,_._�--- -• NAMF OF SUBDIVIDER �,tt ---- Pctian 2? t OrATiON (1F SUBDIVISION The East Half (E1/2) of the northeast a ae* {vim 11__.)--s�f-S. Town`i liS ip 6 A] Tth, Range 65880 West of the 6tt P6f 1 Meridian, AUG 2 819m RFCEPT I oN 1 .SJ Weld County, BOOK Colorado nnTE OF RECORDING __ _..— -� MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: P2 c� --- DEPUTY COUNTY fLERK & RECORDER Hello