HomeMy WebLinkAbout820656.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 576 - CHARLES AND OPHELIA
MARTIN
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 at a public meeting held in the Chambers of the Board,
that the division into two parcels of land, as shown on the plat
known as Recorded Exemption No. 576, being the property of Charles
and Ophelia Martin, described as part of the East 1, Southeast a
of Section 7, Township 1 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described in the
plat which shall be provided by the applicant and known as Exhibit
"A" , said plat to be recorded, 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.
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 Charles and Ophelia Martin be, and hereby
is , exempt from the definition of the terms, "subdivision" and
"subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the following: 1) the owner of the proposed Lot
"A" shall submit evidence of an adequate sewer system prior to
the issuance of any building permits; and 2) the applicant shall
provide for a 30 ' access easement to the smaller parcel (Lot B)
on Lot A from the 30 ' access from Weld County Road 3 for adequate
public access. Said Easement shall be shown on the Recorded
Exemption plat prior to recording.
820656
L,.
Page 2
RE: RE No. 576 - MARTIN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
November, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
N� 'T. )27/1d,/ire i
2n
J T. Martin, Chairman
EXCUSED
buck Carlson, Pro-Tem
Norman Carlson
Kirby
�3
ATTEST: t71C<.u,u ( ,,,,yecksneottni e K. St nmark
Weld County Clerk and Recorder
and--Clerk to the Board
Deputy County,Gle'r'k
APPROVED AS TO,FORM:
/ -' ill:,
County Attorney
DATE PRESENTED: November 8, 1982
820656
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
November 3, 1982
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption 576
Dear Commissioners:
The attached application and related items are in reference to a request from
Charles and Ophelia Martin for a recorded exemption. The parcel of land on
which this request is being made is described as part of the East 1/2,
Southeast 1/4 of Section 7, Township 1 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado.
The property is located one-half (1/2) miles northeast of Erie on Weld
County Road 1-1/2. The property contains approximately 8.5 acres of Class
IIe irrigated and 'ITC nonirrigated soils.
The request is to divide the property into parcels of 3.5 acres and 5.0 acres,
more or less. The applicant would like to sell off the existing residence
and improvements on the proposed Lot B because the present house is too large
for their needs so therefore, they would like to build a smaller house on
Lot A.
Based upon the submitted information and policies of the County, the Depart-
ment of Planning Services staff recommends the request be approved for the
following reasons:
1. The request complies with Section 9-2 C. of the Weld
County Subdivision Regulations submission requirements.
2. The request complies with Section 9-2 E. of the Sub-
division Regulations as follows:
820656
Board of County Commissioners
Page 2
November 3, 1982
- The 8.5 acres, more or less, under consideration will allow
agricultural and related uses to be the predominate uses.
The uses will be compatible with existing surrounding land uses.
These facts support the proposal as being consistent with
the intent clause of the agricultural zone district.
- The proposal was reviewed by the Town of Erie and was found
to comply with their Town Comprehensive Plan in that the
area is shown to be suburban residential for one dwelling unit
per acre.
- The proposal is in compliance with Section 1-3 of the Weld
County Subdivision Regulations and the proposed land division
complies with the Weld County Comprehensive Plan; therefore,
the proposed use is consistent with efficient and orderly
development.
- The proposal does not exist in an overlay district area.
- The proposed lots meet minimum lot size requirements for
land division.
- The Division of Water Resources has indicated adequate
water service is available for this proposal.
- The proposed lots are not part of a recorded exemption
within the last five (5) years.
- The two lots proposed will have adequate access from
Weld County Road 3.
The Department of Planning Services staff's recommendation for approval is
conditioned and based on the following:
A20656
Board of County Commissioners
Page 3
November 3, 1982
1. The owner of the proposed Lot "A" shall submit evidence
of an adequate sewer system prior to the issuance of
any building permits.
2. The applicant shall provide for a 30' access easement to
the smaller parcel (Lot B) on Lot A from the 30' access from
Weld County Road 3 for adequate public access. Said easement
shall be shown on the Recorded Exemption plat prior to
recording.
Respectfully,
r
Gre enfeld
Planner
GO:dg
820656
FIELD CHECK
FILING NUMBER: RE-576 DALE OF INSPECTION: 10/29/82
NAME: Chas. & Ophelia Martin
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Pt. E1/2 SE Sec 7, TIN, R68W
LAND USE: N Agricultural
E
S
w Agricultural
/LINING: N Agricultural
LOCATION: mile northeast of Erie on
WCR 11/2
Agricultural
COMMENTS:
Property has an existing residence located on it. There is another structure which
appears to be a garage or livestock building. There is an existing access from
WCR 12 which is gravel surfaced. There is an access strip on the north side of the
property to WCR 3 which does not appear to be 30' wide as indicated by the applicants.
The property is in pasture and slopes to the north and east slightly. There are two
houses located to the south of this property. Another house is located to the east.
B Y:
Chuck Cunliffe
820656
•
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext. 400
Department of Planning Services , 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USEONLY : APPL . FEE 4 /cam # 17_98CASE NO. RE-- ( C76 RECORDING FEE $3‘22: ..**- 4(27
ZONING DISTRICT ` /1 ii RECEIPT NO.
DATE /WC/K- APPL. CHECKED BY
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:
A tract of land in the Ez of the SE4 of Section 7, Township 1 North,
Range 68 West of the 6th P.M., County of Weld, State of Colorado, described
as follows: Beginning at the Northeast corner of the SE4 of Section 7,
thence South along the East line of Section 7, 936.0 feet; thence West
parallel to the North line of the SE4 of Section 7, 774.0 feet to the
true point of beginning; thence West parallel to the North line of the SE 4
of Section 7, 539.0 fcct; thence South parallel to the Eaet slue of the
SE 4 of Section 7, 1073.0 feet to the Northerly R.O.W. line of the Union
Pacific Railroad; thence Northeasterly along said Northerly R.O.W. line a
curve having a radius of 1632.66 feet a distance of 843.46 feet; thence
North parallel to the East line of the SE S of Section 7, 441.0 feet to
in of beei}nib.y
FED'` CHTIErE __---
Name: CHARLES W . MARTIN AND OPHELIA E . MARTIN
Address : 4203 WCR 1 1/2, P . 0 . Box 338 Phone: 665-5193
Erie, CO . 80516
Address : Phone :
Name :
Address : Phone :
WATER SOURCE : Larger Parcel Well Smaller Parcel Well
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic
PROPOSED USE : Larger Parcel Agriculture Smaller Parcel Agriculture
ACREAGE : Larger Parcel 5 .0 Smaller Parcel 3 .5 -
EXISTING DWELLINGS : (Yes or No) No (Yes or No) Yes
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 ) 7
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this , d" day of
19 a .
(SEAL )
Notary Public
My Commission expires :
820656
LOCATION MAP {with proposed parcels
of acreage}
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-539, a Po,a o F`
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820656
P . 0 . Box 338
Erie, CO . 80516
September 27, 1982
Telephone No. 665-5193
Mr . Greg Oxenfeld, Planner
Department of Planning Services
915 10th Street
Greeley, CO. 80831
Dear Mr . Oxenfeld:
We herewith request and propose to divide our present 8 .5
acre parcel of land, located approximately 1/2 mile north-
east of the city limits of Erie, Colorado.
We would like to divide into two parcels, with "A"' con-
taining 5 .0 acres and 'B" containing 3.5 acres. Parcel
"B" would also have all present improvements and "A"
would be unimproved land .
This land is currently zoned as agriculture and we pro-
pose no change in land use .
The present home on the acreage is 4 bedrooms and is too
large as our children are grown and have moved away from
home; therefore, we would like to sell the home and re-
build a smaller home on parcel "A".
The State Water Engineer ' s office has told us, they would
issue a well permit for household use only and a septic
with leach field would be the method for sewer disposal .
We will appreciate your consideration of this request and
remain,
Sincerely yours,
Charles W. Martin &
Ophelia E . Martin
CWM/om
Encl . -- 1} Application for recorded Exemption
2} Location Map
3} Recorded Deed No . 1534599
4} Recorded Deed No. 1575188 of easement
5} Certificate of Survey of original 8 .5 acres,
{with proposed parcels shown}
6} $95 .00 ck. representing applo4attiOeietee
7} $ 3.00 ck. recording fee
82065G
. Certificate r P-1417-68 7232 N.G7,S Pl.+cm. • c_ '
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?CRIPiICN:
• • Qom" •f - o`� A tract of land in the El. of the SE?
' f-`• t • �+ o of Secticn 7, Township 1 North, Range 68 -
=-.�, t '' :.... is: �:a: hest of the 6th P. "",, County of :field, State -
-t ,, i::-•• � - �,-/.= ...y ',C . . _ .;of Colorado; described ,as -fol?ous, . -Pa_�tn-ini
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▪ c3 ' ' • 7 936.Q:feet,:t= thence:Nest para11e3 to the
r" r • j;orth-ling"of the SE .of".Sectic-t 7, "774:0 '�'•--
' S ; feet;to,the:true-point, of _beginning:" thence
. • - _ .,,__rte• 4•- —y •, _ •Pest-natal.lel-to't? • -1-".. -: . -e'of the SAM_ -
':' "r: ;; - 1:-..•;.:,':?of-Soctiore 7,_539-C feet;- there South
�- • - • "i,parallel- to the: Esst. li ne.,o ' the'.SE4•of Sec -
`r.� - • • • tion 7, 1078.0 feet'to the R.C:w'._line,of
_ - _ - -• . - tbe• Union Pacific _Ttailroad; 'thence ?E along
'•;ta;c, p.0.11. 'along a curve having a radius of 1637.66 feet;a ctistanae; of C43.t,6: feet;.
= ..1 ' ,ce Forth •parallel to the bast lineof the SE.. of Sections7,_4t▪1. "feet." to:"the
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LEGAL DESCRIF . I0N \-)A ?\S��
CASE NO. 2g -S1cc
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SOIL CLASSIFICATION
OLD N0. NEW NO. IRRIGATED NON - IRRIGATED
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820656
RECORDED EXEMP'ION NO. 1467-7-4— rnE 576
- - S89°3846"E-1258.37 ----- -- - - -'
• c 11
I EAST 1/4
0 ' ROAD 10%2. T
I I TIN R68W
ei I I 1
I I w 1 (Bross Cap)
1952.
. —,le\ 98.03 m
ID — --- - - _ S I A •—PINFOUNC
v 81 10•
8 ‘ n O o N 0-PIN SET
In eim•
O
a I I 100.20 n 'al
in
O I I O
O 1 La to
IK- rn •W 115
RE4FI467-7-4-RE464 p 11 m N
0- • o I I I SCALE:
I 1194.95 $ 72.58 1°:200'
Z
I
WEST R.0.W. 10
N a LINE ROAD S, v
CA
12 O I .10
Iro
M ul N I N
M W)
1I �n
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a
1
18.0 N89°38'46"W— 1175.02
22.0
�� .97 691.00 198.03
P
• I •� �� �� F. _ 30.06
582.05 a 389°Se'96"E-591.1 ,100.20
LOT A I A n 30� EASEMENT e 1
c;,!
6 5.000 Acres! I r � I I I
N v 1 M
in
In 1 I
M IM / � I l0
N !0'ACCESS 1 p # I I M
N 6 EASEMENT I 0 `?°/ �� / \� e.
N-
S89°3846"E Z 4.0 ice__ _-
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m o 77.44 I i--� / O /'
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2 LOT B a
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0 4.590 Aces t �^ - "'
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�'� // North Line Lot A of I
v0 // R.E.*1467-7-4—RE351 I
\� // / LOT A— 5.000 Ac. I I
0r° �•��//��ti LOT 8-4.590 Ac. _
�ti // TOTAL-9.590 Ac. e I
• /� , . _ - IM
/ 50/3 1 Jo°i /./� OWNER'S: 3W, I
" //� CHARLES ML 6 ° I I Q
o i /OPHELIA E.MARTIN 5066
// 4203 RD I Y2 vec I
// ERIE, CO 80516
/ /// , ROAD 10%2 - I
/ DATE: FEB. 16, 1983 _ _‘ -.---- 4 '> e I I 7/// 1
/// N � LOTA q I�
/
/ in
/ to d soec O1 I
II
LOCATION MAP-1°=2000' N
N89°23�29"W— 1301.40 1 --
Shell loft
File T—INS-01 actjt
/
LEGAL DESCRIPTION: F`tf�V�fo ,/ cicaiii1h i �\J o�V.
A tract of land in the East z of the Southeast i of Section 7,
Township 1 North, Range 68 West of the 6th P .M. , Weld County, Colo-
rado, described as follows : BEGINNING at the East a corner of said
Section 7, said point being a U.S. B.L.M. brass cap stamped 1952:
Thence S03°21 ' 06"E on a bearing shown on Record Exemption No. 1467-7-
4-RE464 recorded December 1, 1980 at Rec. No. 1842940 along the East &% J line of said Southeast a of Section 7, a distance of 937.95 feet; hY
Thence N89°38 '46"W parallel and 936 .00 feet from the North line of V(*:‘
said Southeast a a distance of 691 .00 feet to the TRUE POINT OF BEGIN- 4
NING and the same point as described in Book 597, Rec. No. 1518700 (,
and Book 613, Rec. No. 1534599; Thence continuing N89°38 '46"W parallel
with said North line of the Southeast a, a. distance of 582 .05 feet to ).`
the West line of the East i of the Southeast h, being the West line ' 0
of the land described in Book 596, Rec. No. 1517853; Thence S02°27 ' 21"E
along said West line of the East 15 of the Southeast 14 a distance of
1090.04 feet to the Northerly R.O.W. line of the Union Pacific Railroad,
said R.O.W. line being 200.00 feet from the centerline of Railroad;
Thence Northeasterly along said Northerly R.O.W. line and along a
curve to the right, the delta of said curve is 29°56 ' 50", the radius
of said curve is 1632 .66 feet, the chord of said curve bears N41°15 ' .
31"E, 843 .67 feet, the arc of said curve is a distance of 853 .36 feet
to the West line of a tract described in Book 775, Rec. No. 1697108
recorded August 25, 1976; Thence N02°40' 12"W along said West line
and along an existing fence, a distance of 451.71 feet to the TRUE
POINT OF BEGINNING. Contains: 9.590 acres more or less .
And
An easement 30.00 feet wide described in Book 653, Rec. No. 1575188
and in Book 597, Rec. No. 1518862 being more partic particularly
described as; BEGGINNING at the East i corner of said Section 7;
Thence 503°21 ' 06"E, a distance of 937.95 feet; Thence N89°38 '46"W
parallel and 936.00 feet from the North line of said Southeast h a
distance of 98 .03 feet to the. TRUE POINT OF BEGINNING, said point
being on the West R.O.W. line of Weld County Road No. 3; Thence
continuing N89°38 '46"W, a distance of 592 .97 feet; Thence S02°40 ' 12"E, ,
a distance of 30.04 feet;. Thence 589°38'46"E parallel and 966,00
feet from said North line, a distance of 591.16 feet to said West
R.O.W. line of Weld County Road No. 3, said point being 100.20 feet
West of the East line of said Souhteast e; Thence NOO°47' ].0"E along
said West R.O.W. line, a distance of 30 .00 feet to the TRUE POINT OF
BEGINNING. Contains : 0.408 acres more or less.
LEGAL DESCRIPTION LOT A:
Part of the East of the Southeast k' of Section 7, Township 1
North, Range 68 West of the 6th P.M. Weld County, Colorado, described
as follows ; BEGINNING at the East a corner of said Section 7; Thence
S03021 '06"E, 937.95 feet; Thence N89°38 '46"W, 691 .00 feet to the
TRUE POINT OF BEGINNING; Thence continuing N89°38' 46"W 582.05 feet;
Thence S02°27' 21"E, 374.20 feet; Thence S89°38 '46"E, 583 .45 feet;
Thence N02°40'12"W, 374.27 feet to the TRUE POINT OF BEGINNING.
Contains : 5.000 acres more or less .
Reserving thereon a 30 .00 feet wide access easement along the Ea
side of the above described land. A* � .-
SURVEYORS CERTIFICATE:
I hereby certify that this plat was prepared under my super hits •
and that the same is correct to the best of my knowledge and be i
Cecil R. Crowe P.E. & L.S. 12330 %.v,
PROPERTY OWNERS APPROVAL: •
D1,,2r Z
We, Charles W. Martin and Ophelia S. Martin, being the sole owner 's `' -
in fee of the above described do pr rt , do a by ubdi ide the
same as shown on the attached map. Z •
Charles W. Martin Op elia E. Martin
The foregoing certification was acknowledged before me this 'Vt •
day of 1,. A.D. , 19 %-%
My Commisbion Expires : .•--- .,p .e l°c$.5 ---
Notary Public : F
, W,itpess my hand and seal . p'
COMMISSIONER 'S CERTIFICATE:
The accom }pg plats ' cepti and approved for filing,
Chairman of the board o County Commissio ers
ATTEST: County Clerlt -��� , r By 1 i s-� Date 3 S,
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