HomeMy WebLinkAbout830869.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 608 - VERN JOHNSON
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. 608 , being the property of Vern
Johnson, described as Part of the West %2, Southwest a, Section 9 ,
Township 4 North, Range 64 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 of Weld County, Colorado that the hereinabove described
parcel of land owned by Vern Johnson 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) All structures shall set back
a minimum of 25 feet from the Gilmore Ditch; and 2) The applicant
must 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.
e1:10+359
Page 2
RE: RE #608 - JOHNSON
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
May, A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: '` ithx✓a !,y:�,; 'QtW'v' ,,--:, ./ WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Chuck Carlson, Chairman
By c z3//I I 22,1077&4_,
Deputy County Clerk Jo T. Martin, Pro-Tem
APPROVED AS TO FORM: '. �`C i
2 Gene R. Brantner
County Attorney Norman Carlson
J•:cqu-'\' ne J-.hn.on
DAY FILE: May 9 , 1983
8 ,0869
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
April 29, 1983
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #608
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Vern Johnson for a recorded exemption. The parcel of land on
which this request is being made is described as part of the West 1/2,
Southwest 1/4, Section 9, Township 4 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado.
The property is located approximately four miles south of Kersey on Weld
County Road 53. The property contains approximately 16.5 more or less
acres of Class IIIe irrigated and Class IVe nonirrigated soils.
The request is to divide the property into parcels of 13.14 acres and 3.36
acres, more or less. The applicant proposes to split the subject site in
order to provide a residential building site (Parcel A) for an employee
will continue working the farm operation. Parcel B will continue to be used
as a residential building site.for an employee at the farm operation.
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:
8` 0869
Board of County Commissioners
Page 2
April 29, 1983
- The 16. 5 acres, more or less, under consideration will be
compatible with surrounding agricultural uses. No reduction
of agricultural land use for production will occur. These
facts support the proposal as being consistent with the
intent of the Agricultural Zone District.
- 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.
- Central 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 years. The subject Recorded Exemption was the
smaller parcel of RE 279; recorded October 27, 1977.
- The two lots proposed will have adequate access from Weld County
Road 53.
- Both lots will have adequate sewage capacity.
The Department of Planning Services staff' s recommendation for approval is
conditional upon the following:
1. All structures shall setback a minimum of 25 feet from
the Gilmore Ditch.
2. The applicant submitting 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.
Respectfully,
1 ^t
Rod Allison, Planner
RA:dg 8•.0)869
FIELD CHECK
FILING NUMBER: pp_6Dg DATE OF INSPECTION: April 28, 1983
NAME: UPrr, Jnjncnn
REQUEST: BPC'nrflPc Exemption
LEGAL DESCRIPTION: Part of the IAA5 SW%, Section 9. T4N. R64W of the 6th P.M.
LAND USE: N Agricultural production
E S=ilmore Canal and agricul turai production_
S C.nrrals, residpnr_e, agricultural prrubjction
W WP1d County Road 53, snd agricultural production
/ONING: N Agricultural
LOCATION: Approximately 4 miles south of E Agricultural
Kersey on Weld County Road 53 S Agricultural
W Agricultural
COMMENTS:
Access to the site is from Weld County Road 53, a paved road. There is a single
family dwelling on Lot "B", Lot "A" is grassland with no improvements on the site.
The slope of the subject site is to the southeast, toward a ditch. The Gilmore
Ditch is the eastern boundary of the property.
BY: // 7e-z:// (76(41-
R3d Allison, Current Planner II
'4:0869
•
tiv
v' .V 14 .
is,d d/ .,
• C
.
v..
ii
it
*4, AY
i .
a t,
X086.
March 7, 1983
Weld County Planning Commission
Centennial Center
915 10th Street
Greeley, Colorado 80631
Dear Sirs :
This letter is an attempt to explain my reason's for obtaining a
recorded exemption on my property located south of Kersey, Colorado.
My cousin, Larry Stout, has been in my employ for many years. As
a reward for the loyalty and respect for his past work, I will be
giving him Parcel "A" of the request exemption to build a home.
My plans are to continue my farming operation keeping Mr. Stout
as an employee.
By rewarding Mr. Stout for his past work, I am sure his interest
will continue in the operation which benefits both of us.
I own the entire SZ of Section 9, T-4N, R-64W with my residence and
improvements located on the WZ of the SE' Section 9. There is also
a residence and improvements located on Parcel "B" of the requested
recorded exemption.
Please do not hesitate to contact me if you have further questions.
Sincerely,
\ -v,
830869 X
��
•
rd
; E
i
. ._T
h r.,.y J i .... .t- k t '✓..- cam' _: 'i"i�..
$1 5 s
s - J f�
Ky+ct
.2 ..-L;•; ".•
t ("1z ti ti �, - ' r,,..,-..,..,-,-_,•.,,,...„-„.„,,..;;;.1.,-,;:e," t
to . v r'''' 7 v ' _ : ,
.. ' t Sf ( ,a{,v-4.'".'LT."':k'"•*:‘ ‘- - "'N:c\ -VA '''''''."7---- - . ,. --- -- - , -.' -- 'i?"-2;)l�^L-_n^ ' '1 t ti'
N ! • ._. • /yf. J I f \ 4 / :11fY <
, l! I f R, t ii -t Sr ; sy
( 1
}` y
Y' t 1 ,,;;;;--,s-,' i • M!
m .
i 6.• >^� y• v t=,- lyj e a 'mod {�3''^_. <.L r " 4 i.“.'14;; ;';••
• `a C - x r
j l� • J ,•�I et•i'+s-G.yc t F '. ..?"1,,,,:.,,p" --.i•.•••••!!:3..-.:.‘"-..I▪ :3;-",.•-...•-• • p:k ,N s 4 a . A-y
�- 4 "<. ..P,1• z.i ry i 7 £� f• E t< r 1
4 0 a c:'-c'1,,,..217.-it.,�.S��i'X. G7:[-T &S�J 7
r ' y ' 4 II r:tl , .v ' i • Y { �.yyt7- tic' kc 6"FtalA o�t'uLTtc j
e t ✓ � ";e t y I '��xcP E Df1Ur.. f'
ill a T �G t f :.
s " pt, l+o (! g px K xl E.,4„:;,,,,,,,;_:_.:‘,arT S4}u C �e�
Y l � 4 ita ,t .41 �h'�tyehA -�AIA t' 1;:::
'` C i t I b y114
a P. 1 C r' .� ,�L S °` t; k ,�
'..&4„...,71-.�. r th J r { `.I i ..� `y s, J q '�'1<f1GA �9A� (.l t1fY �fJ7��:. $''1Al L' d�,LCS�.�:.. 'f'41
�r t v! I!. s SA a } +
}r �:if,,+f� 0 _? , I 4i,`�i„ �0- .. " ..w t&'4 .)3 , „• �.'iM i[�.y`, t
• y r ,.d., .> • r• � r y + r x
�, � ,
E.3� t. '. 7 • J ° F h, r -r3 r: ' t C 4 -- .�. 'r
.a _r„ +._* ' r: -.rte' .3
Y P!
yJ
rY ✓ 5 •''
''2;}`";;.;
K Y �• Y` •
y• <
Ir r
•1 • ' 'il7::;^:7•:•.;!!".C.'5::" .;
.
7 ! 1; 0- S ..,•( ate. 1 I x
fy+'
.12.▪I.-17-:--:-
Y 8ib'0869
March 7, 1983
Department of Planning Services
915 10 St.
Greeley, Colorado
RE: Application for Recorded Exemption
Pt. of the WZSWq Sec. 9, T-4N, R-64W
of the 6th P.M.
Dear Sirs :
Under paragraph 4, subparagraph B, procedural guide for recorded exemption
and subparagraphs 2, 3, 4, 5, and 6 of paragraph 4, subparagraph B, sub-
paragraph 2 requests that the proposal be consistent with the Weld County
Comprehensive Plan. It is my understanding that the proposal is consistent
with the Weld County Comprehensive Plan in the effect that it is located
in a rural agricultural area. The recorded exemption does meet the stand-
ards and requirements of the Weld County Comprehensive Plan in that Parcel
"A" is approximately 3.36 acres in size and Parcel "B" is approximately
13.14 acres in size. Parcel "B" is improved with home and supporting
buildings.
Subparagraph 3 of paragraph 4, subparagraph B states that the proposal be
consistent with the intent of the district in which the property is located.
The intent of the use of the property is consistent with the district in
which the property is located. The use of the property will continue as
it presently is - a farming operation with Parcel "A" developed with living
quarters for Mr. Stout, the party who will be in ownership of the property.
Subparagraph 4 of Paragraph 4, subparagraph B explains the uses which are
permitted. The property will continue to be used as it is compatible with
the existing surrounding land use. It will also continue to be used as
agricultural property.
Subparagraph 5 of paragraph 4, subparagraph B explains the uses which would
be permitted with the future developments of the surrounding area by the
existing zone and it explains future development projected by the
Comprehensive Plan of the County and the adopted master plans of the
effected municipalities.
E6 X
March 7, 1983
Page 2
It appears that in the future very little development will come about in
this area because it is surrounded by agricultural zoned properties and is
in compliance with the present Comprehensive Plan of the County. In the
general area, the property is all zoned agricultural . I do not know of
any adopted master plans of any municipalities in this area, and to the
best of my knowledge there should be no effect on municipalities.
Subparagraph 6 of paragraph 4, subparagraph B states under the procedural
guide that a statement is requested if the proposal is inconsistent with
the efficient and orderly development. There is no development in this
area at this time.
If you have further questions concerning this matter or if I can be of
further assistance, please do not hesitate to call me.
Sincerely,
.-'•
ALIOAR4
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services,, 915 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : QS.° )
APPL . FEE
CASE NO . � E 6(/i( RECORDING FEE (•o v
ZONING DISTRICT RECEIPT NO . 1 a1b8) 56b0
DATE Atr:t APPL. CHECKED BY I�r
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
signatures)
I (he) , the undersigned hereby request that the following described
property be designated a recorded exemption by the Weld County
Board of County Commissioners. LEGAL DESCRIPTION :
That part of the W2 of the SW4 lying above the right of way of the Gilmore Canal
as now constructed through, upon, over and across the said WZSW4 Sec. 9,
T-4N, R-64W of the 6th P.M. , Weld County, Colorado
TOTAL ACREAGE: 162 M/L acres
Has this property been divided from or had divided from it any
other property since August 30, 1972? Yes X _ No
FEE OWNERS OF PROPERTY :
Name : Vern Johnson
Address : 26655 WCR 46, Kersey, CO 80644 phone : 284-6432
Name : N/A
Address : N/A Phone : N/A
Name : N/A
Address : N/A Phone : N/A
WATER SOURCE : Larger Parcel CWCWD Smaller Parcel CWCWD
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic •
PROPOSED USE : Larger Parcel Residence Smaller Parcel Residence
ACREAGE : Larger Parcel 13.14 M/L ac. Smaller Parcel 3.36 M/L acres
EXISTING DWELLINGS : ( Yes or No) yes (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 ) k #77; r" '
Signature : Owner 'o Authorized Agent
Subscribed and sworn to before me this qm day of March
19 83 .
( SEAL )
i.411-41,L J Th Ct-t4
ota y Public
/.3/
My Commission expires : 830869
THE FARMERS RESERVOIR AND IRRIGATION COMPANY
80 SOUTH 27TH AVENUE
BRIGHTON COLORADO 80601
PHONE 659 7373
March 30, 1983
Mr. Vern Johnson
26655 Weld Co. Road 46
Kersey, Colo. 80644
Dear Mr. Johnson:
The Farmers Reservoir and Irrigation Company has no objection
to your building a house in the W1 of SW1 in Section 9, TWN 4N,
R64W, 6th pm. , provided that you will agree to the following:
1. You may build no closer than 25' from the ditch or
canal.
2. You must hold FRICO free of any liability from
seepage from the canal.
3. This agreement will be a covenant with the land.
If you have any questions regarding this matter, please feel
free to call.
Yours truly,
Albert F. Sack
President
AFS:csf
830869
f K 812 it A.0CT 2 7 1977
Y 7 , use Rar�ial c.Lxk .._ __
a ..t �Rl � Ye vs 1lf31.;J11 c
Maw ��^ Fc.. sr� . Y.mo.der
' r .
RECORDED EXEMPTIOPNi PC. : 1053-9-44-K 279 f
S0!'STCY"E �qr!(IC
neat Nnrth L.,e 5 sec.9'3 `�C"�.
' .., ar
al S n 41"W
y s OS*tS t7'W
a, 171.00'
5 3O'42 5"
t• \ poem
5 O4VO54713/6
y r 1O3 75
LOT rA" Z
+ i tAC st..4 ti,tc
*
C I.�TTsAC �' p $
L s/aroa.E
?4!31'
rt 1 44.
N\
1!o 6- 4** ��, LOT?' ,N
ill d% 303.SAC.t
', 5sp'p(serve:,Kt
5.954 AC. e-O-1"/ cat
d 11 ' 51046s1YW TOTAL
fI, 17GS4 32OtACRES
3
sew,
i I I i: South L..ne 4. . l
1
- 5 It 4, 3 '
.41 i
4 74
*irks/°wet Sec lion 3
G:,4•roee Dir*A • Ci
.. n+ansid A..f on',/Ne ne•
Aer4f <..dkwe>/i H ,_.{._ __..__ 4 10
Owwra.: V Jr +s7u v.pey vxr.r /'
sT! /. DG1r 140. i ' '
'
o ,
1 6 15
, 1
VECINlTY MAP
Scale J'_ 'CCU ((�]'
a.+ n J� N°
I�6si-'0'
MAILING LIST
ZPMH 727
Ivan Harris Frances E. Brossman
Box 119 P.O. Box 37
Gill, CO 80624 Gill, CO 80624
Frank Hernandez Placida Varela
P.O. Box 5 Box 96
Gill, CO 80624 Gill, CO 80624
Duain Hamlet Harold E. Weber
P.O. Box 40 1401 11 Street
Gill, CO 80624 Greeley, CO 80631
Gill Lions Club Walter Nolin
Gill, CO 80624 Box 70
Gill, CO 80624
T.R. Gonzalez
P.O. Box 107 Joseph Kutcher
Gill, CO 80624 P.O. Box 29
Gill, CO 80624
Johnnie E. and Lucy Martinez
P.O. Box 127 Fred Harris
Gill, CO 80624 P.O. Box 97
Gill, CO 80624
Spanish Assembly of God Church
of Gill Floyd Harris
Gill, CO 80624 Box 28
Gill, CO 80624
Gerald and Anita Aragon
Box 32 Kenneth Harris
Gill, CO 80624 Box 21
Gill, CO 80624
Augustine and Julia Arguello
1215 16th Street Ferna Howard
Greeley, CO 80631 Duane Lattey
47 & Marion
Howard and Roberta Reynolds Room 106
3674 N. Collins Livestock Exchange Building
Castle Rock, CO 80104 Denver, CO 80211
Reuben and Edith Lesser Helmut Brunner Inc.
P.O. Box 6 c/o Felix and Alice Maltos
Gill, CO 80624 Box 74
Gill, CO 80624
Ralph Craven
P.O. Box 64 Chris and Doris Bunting
Gill, CO 80624 1412 23rd Avenue Ct.
Greeley, CO 80631
8 30869
Weld County Courthouse
Peggy and Larry Layton
Greeley, CO 80631
31160 4th Street
Gill, CO 80624
David and Lisa Springer
3115 4th Street
Karen Van Gorder
Gill, CO 80624
Box 51
Gill, CO 80624
Aurora and Rita Gallardo
Virgil A. Cogdill 218 Union
c/o Thelma R. Bartlett Box 885
Roggen, CO 80652 La Salle, CO 80645
Henry Carpio
Box 13
Gill, CO 80624
Richard and Eleanor Natividad
Box 84
Gill, CO 80624
Joseph F. Kutcher
c/o Larry L. Schroeder
1681 Pecos Way
Denver, CO 80221
Daniel Rodriquez
Box 83
Gill, CO 80624
Wade and Marie Pemberton
Box 49
Gill, CO 80624
Elsie Mestas
3003 Valmont Road
#239
Boulder, CO 80223
Emma Marin
1920 W. Jewell Avenue
Denver, CO 80223
Joe Garcia
22870 74th Avenue
Denver, CO 80221
David Vasquez
Gill, CO 80624
830869
RECORDED EXEMPTION N ° 1053- 9- 3-RE• 608
il
S.89°57'22"E. 588.15'
Pic
c�- /�w�q cot
S.52°52149"W.
111111 149.96'
S.08°25 17" W.
172.00' li\
S.50°42 05'E.
148.09'
-0
504°05109"E.
N LOT ' B' 103.75' Scale: I°=300'
13.789 tAcres • Set pin
e Found pin
30' w' -4' sis°15 34"W.
30'-1 + 442.40' FORMERLY LOT 'A' OF
R.E. 1053- 9 —34—RE279
is;
-0 S.1o°10'06"E.
0 262.31'
0
0
i
se./Frio'Su".� S.90°00'Q0" W S.42°04')511 W.
tS4s�Z z 415.38 sP�cF 108.14
N.90°00 00'E. fc
TRUE POINT 415.38' S.42°0415"W.
OF BEGINNING - 'A� LOT A 2.675 t Ac.(0.436 Ac.rd ROW)
LOT 'A' v LOT 295.78'
LOT 'B 13.789* Ac.(0.841 Ac. rd ROW )
N 2.675 t
TOTAL 16.46 4 t Acres(1.277 Ac.ROW )
Acres 5.30°01'40"W.
w 177.88'
-o
Q0,
0 S.20°46' 19"W.
0 276.84'
z
"t/f—
P"'./ear
w N.89°59'46"W.
-0 30.00
o0
o r
oa
'§ f2 POINT OF BEGINNING LOT'A'
i k SW Cor Sec.9
iir
T.4 N., R.64W.
R.64 W.
\5 4 I 3 Owner
wcR 48 Vern Johnson
I
' aka Glen L.Johnson
9 Z 26655 WC 46
` Kersey, Colo. 80644
M j H
F
5 a: 31\ ,
8 9 10
VICINITY MAP
fSCALE: In=2000
/re-'/
W
8J0869
17 16 •15
FREESE ENGINEERING 83-40
RECORDED EXEMPTION N ° 1053 - 9 - 3 - RE ' 608
ar
LEGAL DESCRIPTION
B
A parcel of land located in the Southwest Quarter of Section 9,
Township 4 North, Range 64 West of the 6th P.M. , Weld County, �/ `
Colorado being more particularly described as follows:
Lot 'A ' of Recorded Exemption 105 -9-5 -=E 279.
Said described parcel of land contains 16.4(4 acres, more or
less, and is subject to any rights-of-way or other easements
as recorded by instruments of record or as now existing on
said described parcel of land.
LEGAL DESCRIPTION - LOT 'A '
A parcel of land located in the Southwest Quarter of Section 9,
Township 4 North, Range 64 West of the 6th P.M. , Weld County,
Colorado being more particularly described as follows:
Beginning at the Southwest Corner of said Southwest Quarter and
considering the West Line of said Southwest Quarter as bearing
North 00°00'00" East, with all other bearings contained herein
relative thereto;
Thence North 00°00'00" East, along said West Line, 784.76 feet to
the True Point of Beginning;
ThenceNorth 00° 00'00" East, continuing along said West Line,
632.41 feet;
Thence North 90°00'00" East, 415.33 feet;
Thence South 42°04'15" West, 295.78 feet;
Thence South 30°01 '40" West, 177.88 feet;
Thence South 20°46'19" West, 276.84 feet;
Thence North 89°59'48" West, 30.00 feet to the True Point of Beginning.
Said described parcel of land contains 2.675 acres, more or less,
and is subject to any rights-of-way or other easements as recorded
by instruments of record or as now existing on said described
parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that the adjoining map and legal description were
prepared under my personal supervision and is a true and accurate
representation of existing conditions to the best of my knowledge.
faker Neese a'
Nc2. ado PE & LS #4392 : t'
\\ °.r art :Z
' x ; . -
I , Vern Johnson, aka Glen L. Johnson, being` the sole owner in fge_
of the above described property do hereby subdivided the same`tas :` . .
shown on the attached map.
Vern . nson, aka u en L. 3 nson
The foregoing certification was acknowledged before me this VII-
day
of J khei , A.D. , 1983. Witness my hand and seal .
My Commission Expires:
My Ce"lmission expires fray 27, . •
C0.'1?'ISSION -. 'S CB I C!, E
(8 ,88'i ,/;810,:: accompanying plat is accepted and approved for filing.IL , —
a,: Y#~ MST: County Clerk jai e„ ,.Ehairma_n Board of County Commissioners
'<<J.: . l By tte./i {4Ad ant- i!&
Dated: / 0# / 7 rig
E� X0869
FREESE ENGINEERING 83-40
Hello