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HomeMy WebLinkAbout820056.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 541 - ERNEST AND VINNIE UNDERDOWN 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. 541, being the property of Ernest and Vinnie Underdown, described as part of the SWa, Section 28 , T9N, R66W of the 6th P.M. , Weld County, Colorado, being more particularly described in Exhibit "A" , attached hereto and in- corporated herein by reference, 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 Ernest and Vinnie Underdown be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D , 1982. 7J7,, , /7 ' BOARD OF COUNTY COMMISSIONERS ATTEST: ��1 ' ` d '" `6.''2 WELD COUNTY, COLORADO Weld County Clerk an -R coder yam_ fin--Clerk to the Bo rd John T. Martin, Chairman (By: \'d (0 �' " ( u�J ABSENT DATE STGNFD ' Deputy County Cl rk / Chuck Carlson, Pro-Tem APED AS TO FORM: / ` (` _ _ �J Norman Carlson V Yom' d EX USED County Attorney . C. Kirby 1 J ne K. Ste n ark 8 200 56 DATE PRESENTED: May 10 , 1982 /TC 601-WED . XEMPT/O,V NO 0455 -28 - 3- RE- 541 Vicin//y Map (. '� II ca /oz �. SW 4 Sec/ fB T9-4 R66--W NYAA it _--- _ -- 6EhRAI, Exceof be9inin at/he Ct * �I 0 in/ersee/ion of/he Yr, ieme try h *II _ . of the U.Pflf. .QO.W. !the Shim vtill oscate. zzo0o' of Sec/2€ thence Northerly ,,ii ' coo ;ore �• a/oni Me by/ine of R.O.W. v I L= 36/.5' //fence W. 36/.5; t4enae S.36/5, SF I iI T/ON 28 N flex a E lopoinleibert(fd-174/se ofb29ininO(fd-17�1/SG Le / \ I I ixc e of ce /ni/� at a/mein/on Al/ko /,a B' c 4enoe /War "Sears S88`07`Y/61S..," il \ /4ct oe N88'072 50.38' Mence5/6` f8E � ‘ � Co P' ioo — on Wer/er/r 40.2,9R .POWA4o 36.? 97,'f/,ya 40r d I Arn /Z'ly y79. 7 _ re/oowof6ril. A' 'TOWN 't'NawA' Also Aepininy a/a And o//1///5,e Amy nekode WW. ear hegn 988Wii'iS/S,¢' /4eoce 96/'5/1 31/3/o f/rwe poii,/ofitei r/ienee So/"S/ES8.7'/hewe/Y88°08E237 o v. �„`-. f/lP/lce /YZ4`/Z`Y63.6 fo//uoPoinf of `2\ co,\ t. bey . 4y. (014 2) h S n -3-1:1 \ 4. . .o c) 01 t,. -* WKt N88°-07ew /375./" \�3 ' Q. Set/28 ti. VS w E.<y/.YA 'S Z S 0/'-5/E 58.7 Deale •rs.; 500' /V88.-08 a c Fri 23.7\lx--e \ .00' Soo' Q d Bean" o{ Se S.4;77 o/ .>I 2B Ana/ ^ /L T1 O ' N QC . an a/0. .e/211. C 'h ,/iuorr gow titvi n p/ans {,- Pinar} F006-/f2s, N //4.96 Acrrsfer- / / u rival / // a PT ti , \\ Lot A - 4./8 AC. QS I { / , =y- 27-2a' to/ B -//4.96 Acres o •/e-D/'-38"" 4:1-- To/a/= 7/914 Acres y v=o7'-24'ei T=2658 0 - r-od L =C45.GG ` T = 3 70.6' K Z01,f= Ts-77n 1 •A. D. / e . 5'730.0. CA=S30. /7 \ Le Qnd Sr y S 'ea 2O!/s Q 03 'S \ 9 A ns o : o Scrip', e h Aceen 4 aSSS- S�-08" �` 2:ti R7..e.. S47o76sso / 0 Y.,./ 0 Y E.c. J,... \ \ SW Cor Sect 28 joikOW. _ S• -9� r" N8'B - OBie eo/O.a9 Z \ j Sou/� L.ne in Seatc8.1V� \moo\ sr\\-- — C,.....Sec/in„ 28 T-9715 lC4-/Y G y p ' mac/2B , , zed 4” S2oos& shee{/./2 ✓oroO/i A. S..rPrenanl Ceio. 43,y% S. /0740 4one4se-47/5 :: /.92'.5 .S /i��rnr/ QY,we, FL./ a/% .10 G /G/o,J 04052/ Project4/ nile - /09 /rthofltdtb L4. ' ',` / ION //O. 04. - 28- 3 - RE • 54I That p:rtior of the Southwest Ore-^uarter ' 311) of Section 29, Township 0 rorth, :iange €6 West of the 6th F.6'., Veld County.. Colorado ' let lies 'lest •r the ' sterly Right of 'ley of US Efighway 35 with the following exceptions. Eeginirr at the irtersectier of the W. Pourery of the i'.F. R.R. R.C.N. ' rd the South line of said section 20, thence f:ertherly along said lest R. O.'". 761 .5 feet. , tbsnrr '^Pet 361.5 fret, thence South 261.5 feet , there. rest to point of bEginine(3 Acres more or less) . .Alas ezcent beEining at a pout in the 'Perth line from .:hence the Northwest corner bears 3 3R°-37'7 1645.3 feet, thence 1. 39°-o7' E 50.32 feet, thence S 16e-43' E on the 'iesterly C.F.R.R. R. 0.'7. lire 363.37 feet,thence r 24°-12' '7 377.7 feet rore or less to point of bemiring. Also Leciring at a point or the forth line from whence tie rorthv:est corner Fears S R°°-07' 7 1515.4 feet , therce S 71e-.`,I' E 341.: feet to true point of berinir,e, thence 2 01°-51' E 50.7 feet , thence 9Be—;3' E 23.7 feet, thence r :4°—lz ! 63.6 feet to the true point of teginirg{ .44 Acres rore or less • The above said parcel of land contains 119.14 Acres mmme or less including a strip of lend 30 feet in width along the South line of said Section 23,reserved for the County Solid Ri^rt of 'lay and subject t ` any rights of way or other easerente as recorded by instrument of record or as ray row exist or said described parcel of '.and. iin,_i.Y0r'2 Ci iT1FICATh e- I hereby certify that this plot was prepared urder ry supervision and that the same is correct t^ ete be --f ry kr..wledge an belief. �. .' esep 'A. Surprenant/Go1o. Reg. L.S. 13740 :7e, the urtersi-red, being the molt owners in fee of the above described property do hereby subdivide the ?are as shown en the attached plat. The foregoing certification was acknowledged before re this - day of A.D. , 13 Vy Comr:issien Expires: Letary Public: ":itr.ess ry 'arc and Seal The accompanying plat is accepted and approved for filing. ZsT � C.: .SA} .,e THE. a3AtiD 0 COUNTY coflZSS:ONLRS n;1 - �t'v'.Oil art I . `, By • G l Date / $6ee/2 ale ✓osep A e4. .5'ur%orenan/ Co%. -Pei L.S /07¢0 ,c'ho,e lee-47/5 n /Venn t /025 S X//cres/ Orivl, ' rT C'a//in,_ �e%roo�e XO62/ !—/Otte/ 4 r /0.9 /L0 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. April 21, 1982 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Centennial Building Greeley, Colorado 80631 Re: Recorded Exemption #541 Dear Commissioners: The attached application, plat and related items are in reference to a request from Mr. and Mrs. Ernest Underdown for a recorded exemption. The parcel of land on which this request is being made is described as part of the SW1, Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. This property is located approximately within one-fourth (1/4) mile from the town of Nunn. The property contains approximately 119.14 acres, more or less. The applicant wishes to sell 4.18 acres, more or less, of the farm land to Pierce Moose Lodge #2280 and retain 114.96 acres, neither of which contain any improvements. The 114.96 acres, more or less, will continue to be farmed and the 4.18 acres, more or less, will contain the "C-2" General Commercial use for a proposed Moose Lodge. Based on submitted information and policies of the County, the Department 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 Submission requirements of the Subdivision Regulations; 2. The request complies with Section 9-2 E. of the Subdivision Regulations as follows: The 4.18 acres, more or less, of the 119.14 acres, more or less, under consideration will allow general commercial and related uses to be the predominant uses. The commercial use will be compatible with the adjacent town of Nunn. The 114.96 acres, more or less, of the 119.14 acres, more or less, under consideration will allow agricultural and related uses to be the predominant uses. The agricultural use will be compatible with existing and surrounding agricultural uses. Board of County Commissioners April 21, 1982 Page 2 - It also 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 not inconsistent with efficient and orderly developments. - The proposal does not exist in an Overlay District Area. The proposed lots meet the minimum size requirements for land division. - The applicant will have access to Lot "A" off of existing Weld County Road 100. - A letter from the Weld County Health Department indicated an adequate means for the disposal of sewage. - A letter from the mayor of Nunn indicates the Nunn Water Department will provide water service. - The proposed lots are not part of a recorded exemp- tion within the last five (5) years. Respectfullyitted, 0/11A° Greg Oxenfeld Planner GO:rg FIELD CHECK FILING NUMBER: Z-360:82:2 and RE-541 DATE OF INSPECTION: March 29, 1982 NAME: Ernest Underdown-Pierce Lodge REQUEST: Change of Zone from "A" to "C-2" LEGAL DESCRIPTION: Pt. SWa Section 28, T9N, R66W LAND USE: N Farmland E US Highway 85 S Accessory Agricultural Storage Area (Nunn) W Farmland ZONING: N Agricultural LOCATION: Adjacent to the northern E Agricultural town limits of slurp Town of Nunn W Agricultural COMMENTS: The current use of the property is irrigated farmland. This land is relatively flat and it does not have any improvements. • BY: Greg enfel , Planner I ZL2case,) X T APPLICATION FOR RECORDED EXEMPTION C ) Y PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : 0yc- car= APPL . FEE ' I=? CASE NO . ��� ) ( I RECORDING FEE ZONING DISTRICT Agetic k a I RECEIPT NO . / 66DATE t_/ 7/ L 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 : J ( /tiCe laci TOTAL ACREAGE : / / 1, /y Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No u.— FEE OWNERS OF PROPERTY : Name : 6 /4i2,117 'G 4 ,7//4_( 9 fiat„,i Address : /61, 25; .;,/?ieI%e,. /Y �, f �� % vi , ((/- 2-6yzyP hone : 9)"77- `V( Name : � Address : < u. 2( i �. �ti l . . :;tip . 7X Phone : C ,/ 1 `l1 Name : Address : Phone : WATER SOURCE : Larger Parcel .4/?%+_v Smaller Parcel f,tic41 /v..47 '/,' TYPE OF SEWER : Larger Parcel -1//22,4, Smaller Parcel cc re PROPOSED USE : Larger Parcel (1 2'(c�itkL Smaller Parcel MOGSN. ACREAGE : Larger Parcel / /y/w >4 Smaller Parcel L/, / 7 EXISTING DWELLINGS : ( Yes or No ) A/c/ ( Yes or No ) A/O 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 ) S ignature : Owner or Authorized Agent k Subscribed and sworn to before me this / / �" day of -f..t{�. 19_(/) , ( SEAL ) otair ublic /-7/( 7°5- / e-<< My ommission expires : X /nJiv„fJ/l tent A,fy,,/ CL�L K-.'uT L (=hot Cv; -z21•C. Le ah 9a-re X 4 Jan, 27 1982. 7O "r _�,R iTnd.er'a ,q . 'Oc. -urn, Co.i rjr do. c 0613 . ~ 414. "r . P. Underdowr. We th.-: Board rrf ;•ulcers, of .. .,:erce "fuose Lodge v :' . �. I . 1'Lgr«'t=. upon the purchase, of the property �': •: �- i; ? UI— '.:•,.ii1u,t?r11(- :-,t Three }iurz •;� d .: . ;a. acre. location, on c.;rn' r. off highway 85 : : c(-i:r.t;y road 100. Forth ;;est corner. .:r•;?roy i_ i tely Four & Half acres. en the approval- of th,.. PlaninG the liquor l.ic ,?oarri. Also the, Zoneing Cc):`1 !?i ssion. A.l '=:.) the :brr. sh of the ,'oo :e Lod To r#2220. And rrc�: t'.e ileral Go-in ner of ",'ocs!h.,,ar•t I1.1. • to e s.s by, ak-7 �• .. I //V e'‘ . 005 4 lit tilt. 20 i J.. ,N J .tMtik4P , i 1) i iF* L i - U t t t Y X11 ` ' I ' > xr ' • y ( Yv . REFERRAL LIST APPLICANT: Ernest Underdown CASE NUMBER: RE-541 SENT REFERRALS OUT: March 4, , 1982 REFERRALS TO BE RECEIVED BY April 3, 1982 m m o o m m Z H Z H H 47 H ¢ c H Q z H U z 0 0 O Z 0 O 00 F4 0 0 0 W C3 � z z 0 0 co 44 Z ICounty Attorney (plat only) Weld County Health Department Y XX "" � Engineering Department 5c, XX County Extension Agent IColorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 IColorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department X 7:7 11420 2nd Street Greeley, Colorado 80631 7 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 STATE OF COLORADO DIVISION OF HIGHWAYS t EH.' 'Nw,,, P.O. Box 850 f ay � Greeley, Colorado 80632-0850 (303)353-1232 "s8.- March 15, 1982 ''.....=..--' Weld County SH 85 Underdown Exemp. and Rezoning NW of Weld Co. Rd. 100 & Hwy. BE Mr. Greg Oxenfeld (Nunn) Department of Planning Services Weld County DOH FILE 45100 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Oxenfeld: We have reviewed the Ernest Underdown applications for a recorded exemption and rezoning to allow construction of a Moose Lodge. Our main concern relates to vehicular access. This property is bounded by County Road 100 on the south and U.S. Highway 85 on the east. There is a 20-foot access opening in the U.S. 85 right of way for Lot 'A' as shown on the survey map. This access was permitted at the time of highway construction to accommodate the land use at that time. The State Highway Access Code, as applied to this portion of U.S. 85, indicates that private, direct access is not to be permitted, except when the property has no other reasonable access to the general street system. We support the abandonment of the existing 20-foot access to U.S. 85 and the creation of a new access to County Road 100 as a means to bring about conformance with the Access Code. If the property owner will initiate a request to this effect, the District IV Right-of-Way Section will prepare the necessary documents to delete this access. We would also appreciate a consideration of surface runoff from this site since it does slope slightly to the southeast. The historical runoff rate should be maintained following construction of the lodge and other site improvements so that there will not be an increase in the amount of water which reaches the highway right of way. Thank you for the opportunity to review this exemption and rezoning. Very truly yours, D 'Ley V T M. BOWER C -I i._..� .___ (( ICT ENGINEER DDR:da i"° .,iAR 17 1982 ii cc: D. M. Bower ttt / D. N. Fraser (2) Weld Co. Planning Commissar1 D ug as Rames H. T. Aspinwall District reconstruction Engineer File: Crier-Rames w/encl . 4 . CG5H ','r_ mEmoRAnDum 'Link To Greg Oxenfeld , Planner I Date March 17 , 1982 COLORADO From Ronald K. Stow, Environmental Health Services / ,-- subject COZ 360 & RE-541/Underdown-Pierce Lodge Our division has no problem with either the RE or COZ. How- ever , if a lodge is to be erected , the following procedures must be met : 1. A septic system application must be obtained from this office . 2 . Plans for any proposed food service facilities must be submitted to this office for review . If approval is granted , the facility can be constructed according to those specifications . Thereafter , a final approval inspection must be made by our staff prior to initial operation. LL:ipn y f MAR 17 1982 Weld Co. Planning Connissinn ILD,r1t-i tin 'IC WAYNE L. FOSTER. MAYOR BERTHA MAE HARROLD. CLERK THE TOWN OF NUNN, COLORADO OFFICE OF CLERK AND TREASURER NUNN. COLORADO 80648 TRUSTEES ILA DU BOIS ELDON FOSTER February 17 M ERR ILL HANSEN 1982 MIKE PETERSON JAMES TURNER MELVIN KOMMA Pierce Moose Lodge No. 2280 P. 0. Box 317 Pierce, Colorado Dear Sirs : The Nunn Town Board, during it' s regular monthly board meeting, January 5, 1982, registered no opposition to your locating your new buil- ding near the city limits of Nunn. There, also, was no opposition to furnishing water to your facility according to the Nunn Water Department regulations . Respec tf.ully, • Mayor ( Hello