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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