HomeMy WebLinkAbout830857.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 593 - JERALD AND KARLENE
SCHNEIDER
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. 593 , being the property of Jerald
and Karlene Schneider, described as the Southeast a, Section 5 ,
Township 6 North, Range 67 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 defi-
nition 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 that the hereinabove described parcel of land owned
by Jerald and Karlene Schneider 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) that no improvements be con-
structed within 50 feet of the Lake Canal Ditch high water line;
and 2) that the applicant submit a mylar plat to the Department
of Planning Services ' Office to be recorded in the office of the
Clerk and Recorder. The plat shall be drawn in accordance with
the requirements of Section 9-2 C. (4) of the Weld County Sub-
division Regulations. The plat shall be submitted within ninety
(90) days from the date of approval by the Board.
830857
Page 2
RE: RE NO. 593 - JERALD & KARLENE SCHNEIDER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
/fuc<
Weld County Clerk and Recorder
ACA
and Clerk to the Board Chuck C� Chairman
/By: TAttJ T. Marem
APPROVED AS TO FORM: Excused
Gene R. Brantner
Orcleeele--19 )19-1 •••--gg-- r,P ott-
County Attorney Norman Carlson
a. que 'ne o son
DAY FILE: March 21 , 1983
S 20857
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
n,r1 GREELEY,COLORADO 80631
Wilk
COLORADO
March 11, 1983 ., 1
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Re: Recorded Exemption #593
Dear Commissioners:
The attached application, plat and related items are in reference to a request
from Jerald and Karlene Schneider for a recorded exemption. The parcel of land
on which this request is being made is described as the Southeast 1/4, Section 5,
Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado.
The property is located approximately 1-1/2 miles Northwest of Windsor on
Weld County Road 72. The property contains approximately 154 acres of
Class II, III, IV and VI irrigated and Class IV and VI nonirrigated soils.
The request is to divide the property into parcels of 144.6 acres and 9.4
acres, more or less. The applicant would like to sell the 9.4 acres and re-
tain the 144.6 acres for farming purposes.
Based upon the 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
Subdivision Regulations submission requirements.
2. The request complies with Section 9-2 E. of the Subdivision
Regulations as follows:
- The 154 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.
F70857
Board of County Commissioners
Page 2
March 11, 1983
- The proposal was reviewed by the City of Windsor and was
found to comply with their long-range Comprehensive Plan.
- 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 North Weld County Water District 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 72.
- The Weld County Health Department has indicated that both
lots will have adequate sewage capacity.
The Department of Planning Services staff's recommendation for approval is
conditional upon the following:
1. That no improvements be constructed within 50 feet of the
Lake Canal Ditch.
2. That the applicant submit a mylar plat to the Department of
Planning Services' office to be recorded in the office of the
Clerk and Recorder. The plat shall be drawn in accordance
with the requirements of Section 9-2 C. (4) of the Weld County
Subdivision Regulations. The plat shall be submitted within
ninety (90) days from the date of approval by the Board.
Re ectfu ,
,1%)
Greg 0 nfeld, Planner
GO:dg 8 o np ry
0,35
FIELD CHECK
FILING NUMBER: RE-593 DATE OF INSPECTION: March 11, 1983
NAME: Jerald and Karlene Schneider
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: SEA, Section 5, T6N, R67W of the 6th P.M., Weld County
LAND USE: N Farmland
E Farmland
S Farmland
W Farmland
ZONING: N Agricultural
LOCATION: Approximately 1.5 miles northwest E Agricultural
of the town pf WindAoron Weld County Road 72 S Agricultural
W Agricultural
COMMENTS:
There is one house with a set of farm improvements on the east portion of the parc Ol,,
the Lake Canal Ditch runs up into the southwest portion of the parcel causing a
depression in the land where it appears to be unfarmable. The area to be exempted
is on a hill separated from the remainder of the farm.
BY: � -
Greg ' e feld, rrent Planner
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : t915,60APPL . FEE
CASE NO. Re 5 -611-3 RECORDING FEE ' 1()1°
2
ZONING DISTRICT AQf, RECEIPT NO . 1 68 -5---(3
DATE Q,*OL V,7 APPL . CHECKED BY
TO BE COM �EEE c i4 f LI�4`T Print or type only except for required
4 1 signatures )
I (we) , thteiuM ° li giSiORereby request that the following described
property be designated a recorded exemption by the Weld County
Board of County Commissioners . LEGAL DESCRIPTION :
The SE1/.4 of Sec . 5- T. 6n- R. 67w. ,o£ the 6th P.M.
TOTAL ACREAGE : 154 + -
Has this property been divided from or had divided from it any
other property since August 30 , 1972? Yes No +
FEE OWNERS OF PROPERTY :
Name :Jerald Schneider & Karlene Schneider
Address : 35205 Hwy 257 Windsor ,Co. 80550 Phone : 686-2381
Name :
Address : Phone :
Name :
Address : Phone :
WATER SOURCE : Larger Parcel North Weld Dijtaller Parcel North Weld Dist .
Septic
TYPE OF SEWER : Larger Parcel Septic Smaller Parcel P
PROPOSED USE : Larger Parcel Agriculture Single Fam. House
Smaller Parcel
ACREAGE : Larger ParcelAPP.144 .6 Acrtaller Parcel App. 9.4 acres
EXISTING DWELLINGS : ( Yes or No ) Ye* ( Yes or No) No
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 ) / )
L ) 'L. 1 / ( 1;'t� -:c ,-�' r
c' nature Owner or Authorized Agent
Subscribed and sworn to before me this /'PLI^ day of c. (>r�i_a, /____S
19 x', .
( SEAL )
Notary Pubuic 'j '�
My Commission Expires
December 10, 1956
My Commission expires : e?7.n95'7
February 5 , 1983
Department of Planning Services
Weld Co. Colorado
915 Tenth Street
Greeley, CO 80631
Dear Sirs :
We are asking for your consideration on the attached application
for a recorded exemption on our farm.
The parcel of land we wish to split off has been a very
difficult part of the farm to operate efficiently and raise
a profitable crop. We must bring irrigation water through
the neighbor ' s property to irrigate this 9 acres and the only
way to enter the field with machinery is to get out on Highway
257 , turn south, then turn west on Co. Rd. #72.
Having realized this problem years ago, we have had this parcel
of land planted to pasture for the past 6 years , and have
irrigated it the past few years only when we have had a surplus
of irrigation water.
We feel that if a home is built on this parcel of land , it
would blend in very well with all surroundings and the land
would be utilized for the "Highest and Best Use" of its
nature.
We greatly appreciate your time and consideration on this matter.
Thank You.
Mr. and Mrs . Jerry Schneider
35205 Hwy. 257
Windsor, CO 80550
Enclosure
F10857
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REFERRAL LIST
APPLICANT: Jerald and Karlene Schneider CASE NUMBER: RE-593
SENT REFERRALS OUT: February 18. 1983 REFERRALS TO BE RECEIVED BY March 9, 1983
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County Attorney (plat only) Windsor Town Administrator
116 10th Street
---.. Weld County Health Department P.O. Box 627
)( XX Windsor, Colorado 80550
\ Engineering Department
Robert Ochsner, President
---- County Extension Agent )4 Lake Canal Ditch Company
6113 East County Road #36
_
Colorado Geological Survey Fort Collins, Colorado 80521
_ 1313 Sherman Street 686-5361
Room 703
Denver, Colorado 80203
Colorado Water Conservation
Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
IState Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
-1 Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
&7 0857
LEGAL DESCRIP . ,ONS S - c " __
CASE NO. "Y-1 . • SS
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SOIL CLASSIFICATION
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RECORDED EXEMPTION NO. ,, j C.^:
I (we) Jerald L. and Karlene E. Schneider being the sole owners in fee of the above descr—
ibed property do hereby divide the same as shown on the attached map. stir
/�/
or
RECORDED EXEMPTION NO. 9
The Southeast Quarter of Section 5, Township 6 North, Range 67 West of the 6th P.M.
in the County of Weld, State of Colorado, Excepting therefrom that portion described as
follows; Beginning at a point on the South line of Section 5, Township 6 North, Range 67
West from which the Southeast Corner of Section 5 bears North 88°16'30" East a distance of
119.6 feet; thence North 00°41'00" East a distance of 31.00 feet to the North right of way
line of the County Road (January 1966) ; thence North 44°23'30" East a distance of 72. 1
feet; thence along the arc of a curve to the left, having a radius of 11,410.00 feet, a
distance of 237.2 feet (the chord of this arc bearsNorth 00°15' West a distance of 237. 2
feet) ; thence North 00°51'West a distance of 2,265. 1 feet to the North line of the South-
east Quarter of Section 5; thence along the North line of the Southeast Quarter of Section
5 North 89°00'30" East a distance of 58.2 feet to the Northeast corner of the Southeast
Quarter of Section 5; thence along the East line of Section 5, South 1°00' East a distance
of 2,582.3 feet to the Southeast Corner of Section 5;thence along the South line of Section
5, South 88°16'30" West a distance of 119.6 feet, more or less, to the Point of Beginning.
I (we) Jerald L. and Karlene E. Schneider being the sole owners in fee of the above descri-
bed property do hereby divide the same as shown on the attached map.
Jerald L. Schneider Karlene E. Schneider
The foregoing certification was acknowledged before me this day of A.D. 198.
My commission expires. `� - _ ' -
Notary Public Witness my Hand and Seal
I hereby certify that this plat was prepared under my supervision; and that• the same is
correct to the best of my knowledge and belief.
INTERMILL LAND SURVEYING, INC.
I \
by •.,
Larry G. Intermill Co. L. S. 12374
The accompapying plat_is accepted and approved for filing.
s" ,!
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Chairman of the Board-of County Commissioners. /,{} +�y -f-
�A1 , ...V.MlI I.4.4flY'Y'✓' .C-141 Attest: County Clerk and Recorder. 1. CP (�
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