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HomeMy WebLinkAbout800778.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 440 - NOFFSINGER MANU- FACTURING COMPANY. 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 of Weld County, Colorado, at a public hearing held on the 23rd day of January, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the divi- sion into two parcels of land, as shown on the plat known as Recorded Exemption No. 440, being the property of Noffsinger Manufacturing Company, described as Part of the East Half of Section 2, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : All that portion of the East Half of Section 2, Township 6 North, Range 67 West of the Sixth Principal Meridian, lying West of the Right-of-Way of the Great Western Railway, Except 10-1/2 acres more or less situated in the West Half of the Southeast Quarter of said Section, described as follows: Beginning at a point 448 feet East of the Southwest Corner of the Southeast Quarter of said Section 2, Thence run- ning West to the Southwest Corner of said Southeast Quarter of said Section 2; Thence running North 2042 feet; Thence running in a general Southeast- erly direction following the line of a certain waste ditch to the Point of Beginning; Also Except 1. 56 acres more or less described as follows : Beginning at a point 445 feet East of the Northwest Corner of the Northeast Quarter of Section 2, Township 6 North, Range 67 West of the Sixth Principal Meridian, Thence West 445 feet to. said Northwest Corner: Thence South 150 feet; Thence East 460 feet; Thence Northwesterly to the Point of Beginning, subject to an easement for a roadway on the West 25 feet of said 1. 56 acre tract; , 800778 • • Also Except a parcel of land in the Northeast Quarter of said Section 2, described as follows : Beginning at a point where the Westerly Right-of-Way line of the Great Western Railway intersects the North line of Section 2, Township 6 North, Range 67 West of the 6th Principal Meridian; Thence Southwesterly along said Right- of-Way line for a distance of 75 feet; Thence Northwesterly for a distance of 76. 06 feet to a point on the North line of said Section 2; Thence East on said North line for a distance of 25 feet to the place of beginning, subject to Right- of-Way for County Highway over and across the North 30 feet of said parcel of land, containing 930 square feet more or less . 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, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to ist authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-lA(3) of the Weld County Subdivision Regulations . 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 Noffsinger Manufacturing Company be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1980. \171 /1 17 4- BOARD OF COUNTY COMMISSIONERS ATTEST: '' 4L'""`` ,6eird WELD COUNTY., COLORADO Weld County Clerk and Recorder (Aye) and Clerk to the Bo d C. W. Kirby,/Chairman B ,Ley(A e) /�/ Deputy Count erk L onard�L. Roe, Pro-Tem APPjYOVED AS T FORM: � — (Aye) Norman Carlson County Attorney /n2 / 24477_, .�//ai4/ (Aye) Ly Dunbar Lr/ v�1Yl7.r� Ye) DATE PRESENTED: JANUARY 28 , 1980 J e K. Stein ar RECEDED EXEMF-TION NO. 0807-02-I-RE•440 DATE: SEPTEMBER 17, 1979 SHEET 1 OF 2 • OWNER: NOFFSINGER MANUFACTURING CO. . INC. / 0 500 - 6th AVENUE is i $ g a GREELEY, COLORADO 80631 (/ LEGAL DESCRIPTION I ALL THAT PORTION OF THE EAST HALF OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT-OF-WAY OF THE GREAT WESTERN RAILWAY, EXCEPT 10-1/2 ACRES MORE OR LESS SITUATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION, DES- CRIBED AS FOLLOWS: - BEGINNING AT A POINT 448 FEET EAST OF THE SOUTHWEST CORNER' OF THE SOUTHEAST QUARTER OF SAID SECTION 2, THENCE RUNNING WEST TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SAID SEC TION 2; - THENCE RUNNING NORTH 2042 FEET; THENCE RUNNING IN-A GENERAL SOUTHEASTERLY DIRECTION FOLLOWING THE LINE OF A CERTAIN WASTE DITCH TO THE POINT OF BEGINNING: ALSO EXCEPT 1.56 ACRES MORE OR LESS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 445 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, THENCE.WEST 445 FEET TO SAID NORTHWEST CORNER- .'THENCE--SOUTH 150 FEET; THENCE:EAST 460 FEET, - ..:THENCE--NORTHWESTERLY .T4:THIE POINT-OF BEGINNING, SUB•IECT TO AN EASEMENT FOR A ROADWAY :gn THE WEST25 ,FEET OF:SAID 1.56 ACRE -TRACT; :.ALSOEXCEPT:A PARCEL OF 1:AND IN THE NORTHEAST QUARTER -OF SAID SECTION 2, DESCRIBED AS FOLLOWS: ::BEGINNING:::AT k-POINT-WHERE::THE...WESTERLY...RIGHT-OF-WAY LINE OF-:THE:tREAT.:_WESTERN:-:RAILWAY::INTER SECTS £:11ORT44Y -Ii4EOF SECTION:-;2„ TOWNSHIP 6:-:NORTH, RANGE 67 WEST• FigRE-E ::PRFHCIOLI, ERI r --�1 -THAE JVGP-SOUTHWESTERL3E...AWNG::SAID RIGHT 4F-WAY:tINE:FOR A#1_ISTANCE-OF=S- -EET, - E -NDn * lu 'i TftlsTANtEWI 6 s FEET TO A FO1.I1T I#tt_'if4£ 1101 "L t1F-AI#}.SECTi9 \ 114EE - T--0,4-SAID Tf#:'_iUNE._FOR.A..DISTANCE:2rFEET TO::.THE. PLACE OF SEGINNINGI._SUBJECT TO -SIGHT -OF'WAY FOR-:COUNTY #'I-GHWAY-:.OVER AND-ACROSS THE-t3ORTH-30 ;;FEET-AWL-SAID PARCEL OF LAND, -CON- �IN IGt ➢3O SQUARE=:FEET #BORE OR• LESS. - _. . _ --- - tNQNER CERTIFICATE.:: --------------- -- NO F inbtN:M UFAL1UNit CND, .77ROBERT W. NDt1•SINGER-AS PRESIDENT, BEING-THE SOLE • nt F OF_,T-HE..ABOYE::PROP.ERTY DO- HEREBY SUBDIVIDE THE—SAME—AS SHOWN—ON THE--ATTACHED_MAP. -I1ANU1 ING:sC$, C i� 7r PRE>k4I -----= T -e-. - - NOTARIAL CERTIFICATE aTATE 8F LOLORADO ). 17_. IMUNfY DF WELD 1 :Ff}REGQINO CER.rxFICATE WAS ACKNOWLEDGED BEFORE ME THIS/ Y. OF , / > A.0, 1979. yq, BY ROBERT W. NOFFSI` e - �` k n it -- -. .. I 1Vr ' IhC -14Y--:COW(ISSSION=EXPI.RES; = �E c. _ - --- WITNESS=:DIY BAND AND -, — — — , �x+.it ' r c7 SURVEYOR'S CERTIFICATE - .L.HEREBY CERTIFY THAT THIS PLAT WAS '' P•,`ED UNDER MY SUPS 4'SAD- i? -:,HAT THE 1S CORRECT TD:THE � /+ YtLf. NO BELIEF `0 �$y�Tiitp6 j. i ft in- s ROBERT A. SHORT, REGISTERED LAN SURVEYOR ; » 1.2Z COLORADO REGISTRATION NO. 7242 , `.�c c O r �4 . t- COUNTY COMMISSIONERS CERTI ' a G 'i THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. y ny ATTEST.j Brun teRtf Alt:tri- COUr1IY/ CLERK CHAIRMAN OF HE BO RD OF COU Y COMMISSIONERS BY: / "y�s -/. e'. s.' f MCR• AE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PROJECT NO. • RECflDED EXEMPTION NO. 0807-02-I-RE•440 SHEET 2 OF 2 weld Co•Rd• 74 a 0 d _ 4 ` • law 'r' t IT 0 500' loon' 1300' 2000• 4 6 _ S c a le i 11's IOOO' we/d a.Rd. 72 • t Pins found __. • _ LOCATION MAP ::_ Nfek AvCseb 2 i 4,frce, Co RD, 74 #E,Coe sc.2r - - - -- - = LOT ".4 - - --,-_-,.:= - - - - (see se%w) 4 h a Z0T -er -- ..: .. ... _ ' r _ -,sec 2: f HELD Co Re. -� Scale 1-f. 1000' '— - .v.. Scale i- -Zoo' _..._--... - -- __— - _ ... - - - WELD}''COUNTY ROAD NO: 74 40.31' • . . . "E. / ,y -_ - f jt1 � " t. S./2;3f28 E 76,06 40 tom_ wm to • LOT "A " tri Gross 2/. /58 Acres l9t Rood R/W-/.005 Acres :3 Z co Net 20.153 Acres �w Q 6- o :L - U rt S.89°36'40„W /200.28' McRAE & SHORT, INC. 1227- 8th Avenue Greeley. Colorado 80631 PROJECT No. 79/11/ • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO January 23, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption #440 Dear Commissioners: The attached application, plat , and related items are in reference to a request from Noffsinger Manufacturing Company for a recorded exemp- tion. The parcel of land on which this request has been made is des- cribed as Pt . El Section 2, T6N, R67W of the 6th P.M. , Weld County, Colorado. This property is located adjacent to the west side of the Town of Severance. The property contains approximately 186 acres of Class II , III and IV irrigated soils. The request is to split the property into parcels of 21.1 acres and 165 acres. The Allards wish to purchase Lot A and B as separate parcels at dif- ferent dates for tax purposes. In their letter dated December 31, 1979, the Allards state that the parcel will be operated and eventually sold as a single parcel . Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be approved for the following reasons: 1. The proposed split conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3-3A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zoned District) and the Weld County Comprehensive Plan in that the use will be compatible with surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land use. • Board of County Commissioners Page 2 January 18, 1980 2. The Town of Severance Planning Commission has set forth no objections to this request. 3 . This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Respectfully, Ui C L. I ralciadC Vickie Traxier Assistant Zoning Administrator csd APP1'ATION FOR RECORDED EXEMPTt-•J PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . kc LHO APPL . FEE lc0oo ZONING DISTRICT A RECORDING FEE y.,hp , ISy DATE 1 2.- SD RECEIPT NO . j pebb APPL . CHECKED BY U.T 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 : SEE ATTACHED ACREAGE : Lot "A" 2'1.t± ACRES ; Lot " B" 166 + ; Total 186± Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X Are there any existing improvements on Lot A? Yes x No Lot B? Yes No x FEE OWNERS OF PROPERTY : NOFFSINGER MANUFACTURING _CO.. INC. 500 - 6th Ave. Name : Address Greeley, CO. 80631 Phone 352-0463 Name : Address Phone Name : Address Phone WATER SOURCE FOR: Lot "A"Ngrth 'Weld Co. Water JAW " B" North Weld Co.Water Dist. TYPE OF SEWER FOR: Lot "A" SEPTIC ; Lot " B" SEPTIC PROPOSED USE FOR : Lot "A" FEEDLOT ; Lot " B" AGRICULTURE 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 ) `, �.�I /!, Or*� Sig ture : Owner Aut rized Agent Subscribed and sworn to before me this i!-j day of A , 1977 . SEAL No ary Publi AU-a-- a 7 ?Fz My Commission expires : k .-- December 31, 1979 Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Sirs: The undersigned entered into an agreement with Noffsinger Manufacturing Co. for the purchase by the undersigned of a farm containing approximately 186 or 187 acres. The agreement for purchase consists of a "Receipt and Option Contract" dated August 22, 1979, a Counter Proposal dated August 27 , 1979, and a Counter Proposal dated August 29, 1979, a copy of which are attached hereto and by reference made a part hereof. The undersigned is the owner of a parcel of land, which is zoned "Commercial" , which lies within the limits of the town of Windsor, Colorado and which the undersigned desire to dispose of by means of a tax deferred exchange of real estate. In order to provide the undersigned with adequate time and opportunity to accomplish such result, the purchase agreement between the undersigned and Noffsinger was designed so that one parcel of the 187 acre farm could be transferred by Noffsinger to the undersigned and paid for on or about February 20, 1980 and the larger parcel could be transferred and paid for in June of 1980 . As a consequence, the undersigned has caused to be prepared, an Application for a Recorded Exemption, of which this letter is a part, whereby Lot A consisting of approximately 21 acres more or less, will be settled for on or about February 20, 1980 and the remaining parcel designated Lot B consisting of 165 acres more or less, will be conveyed to the undersigned and paid for on or about the first day of June, 1980. The undersigned categorically state that they have no intention of ever utilizing either Lots A or B as separate properties, nor do they contemplate ever selling Parcels A and B as separate properties but will operate and eventually sell the property as a single farm unit. The undersigned freely acknowledges that the sole purpose of seeking a Recorded Exemption is tax motivated. Very truly yours, Gea L. Allard ,t Rlei ia E. Allard 4528 Pioneer Lane Greeley, Colorado 80631 a< REFERRAL LIST APPLICANT Noffsinger Manufacturing Company, Inc. CASE # RE-440 REFERRALS SENT OUT ON: January 7, 1980 Cw [a REFERRALS TO BE RECEIVED BY: January 18, 1980 RI (I F y U o O W H h F. H W O U rz W m z REFERRALS RECEIVED " A JAN e 1980 County Attorney (Plat Only) n' X JAN 1 S 1980 County Health JAN 16 1980 County Engineer K JAN 21 1980 Town of Severance Planning Com. c/o Mr. Hummel P.O. Box 112 Severance, CO 80546 Meeting January 9, 1980 mEmoRAnDum Ilcilli e To Planning Commission pee January lc,, 198O COLORADO From Gilman Olson, Utility/Suhdivision Administrator subject: Noffsinger Manufacturing Company (R F ) 74 Access on Weld County Road 64 to Lot "B" will be limited to the existing 25' easement across the west side of the 1.56 acre parcel as described in the Legal Description of subject property. Any new access to Lot "B" from Weld County Road 72 must have prior approval . - Gilman E. Olson Utility/Subdivision Administrator GEO:sad .-43';',b'17)8-19_, , 8U ,,1FNl J� a: RECEIVED `>1, VlPad CnaptY LEGAL DESCRIP"ONf6L Sec. 2- &-&7 CASE NO. ,e&--V9O rOck a t lc i r I SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON- IRRIGATED X30-4 / , Kati kzio-b 82 J XyO�G 813 J� C 53/n-CP 35 53 -3 fire- 753-6 3Z ,Its ��_ ds ro4114,41-1', & '` 4 • s e. v {i 1 .; ; .; ;,• Li :Pt 1 Ire) . - t t i.. ! 'i ,,,iii,',,'.,,,.: i a 1:'ti,:. a t }.v 7 1 0 ) x 4. iite t '° 1 � f j It PPP N �h k.1,141: �, hex r _ {s e� din �,. EsT { y Y 4 i, ti '11 V • it V { Toyh F �...,4"1:16.9y, EQ `tl Vim. OM it ! 34 j^� ' ..t. fly4 V tY '"a "9 1�' Y vk' d i iw ti 4 S 4,, 4,p8 �# «. • t, v .� ysey as y h�^ kxzt ` r f ! .is. x Mbr a . : k .. i PffS �� �, Y #i �tw•, t el fit... ; �� f?F. I Y . n t .. it ri w.yh . y ; { ,R flu 1 F I. � i f'sfl • 7:1! 7 ohs it '—,)1111( > Pr E3 ,9 'C' yy I ,� o � 7°{,, , pttt ( 7 lJ 1 : 7 3 I 1 tf {: 4c �6 X ?FN Yy i > 2 ! t ., tyYL, FIELD CHECK FILING NUMBER: RE 440 DATE OF INSPECTION: 1-22-80 NAME: Noffsinger Manufacturing Co. REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. Ell Section 2 , T6N, R67W LAND USE: N Agricultural • E Town of Severence S Agricultural t9 Agricultural ZONING: N Acrrirultore/Tndustrial LOCATION: AAjarent to the west side E Town of Severence of the Town of Severence and extending S Agriculture one mile. W Agriculture COMM EN TS: Lot A contains two residences, and several machine sheds, corrals, and other outbuildings . Lot A appears to be primarily a cattle feedlot operation. Lot B, the larger parcel appears to be in agricultural production. • BY: �t l V7>�12✓ Hello