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HomeMy WebLinkAbout810565.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 480 - HENRY AND CAROLINE DUPPER 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 meeting held on the 11th day of February, 1981 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 480 , being the property of Henry and Caroline Dupper, described as the South Half of the Northeast Quarter of Section 26 , Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows 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 : The South Half of the Northwest Quarter of Section 26, Township 4 North, Range 65 West of the Sixth Prime Meridian , Weld County, Colorado. LOT "A" A parcel of land located in the South Half of the Northwest Quarter of Section 26, Township 4 North, Range 65 West of the Sixth Prime Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner of said Section 26 and considering the West line as bearing South 00°00 ' 00" West, with all other bearings contained herein relative thereto; Thence South 00°00 ' 00" West, 1334. 85 feet to the True Point of Beginning; Thence South 00°00 ' 00" West, 320. 00 feet; Thence South 89°37 ' 10" East, 272. 75 feet; Thence North 00°00 ' 00" East, 320. 00 feet; Thence North 89°37 ' 10" West, 272 . 75 feet to the True Point of Beginning. Said described parcel of land contains 2 . 000 acres, more or less, including 0 . 22 acres, more or less, reserved for County Road Right- of-Way purposes and 0. 22 acres, more or less, 810565 for an apparent irrigation ditch easement, and is subject to any rights-of-way or other ease- ments as granted or reserved by instruments of record or as now existing on said described parcel of land. 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 its 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 Henry and Caroline Dupper 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 11th day of February, A.D. , 1981 . kl ATTEST: ` U vonC.W/MO tr° BOARD OF COUNTY COMMISSIONERS (J WEL COUNTY, COLORADO Weld County Clerk and Rec der (Aye) and-Clei$ to the Boa C uck Carlson, �Chairman BY: �L\\ ti-r- d. -: (Aye) Deputy County erk Norman Carlson, Pro-Tem :APP ED AS TO FORM: F J Ll/ (Aye) C. W. Kirby ,/ County Attorney (ABSENT) J n T. Martin . A ye) -ne K. S inmark 810565 DATE PRESENTED: FEBRUARY 18 , 1981 , I RECORDED: EXEMflON N° IOs5-26=-a-RED 1 . r , a, + :. Ps*, i N4ben• 8a:.e:2G 7•4'f'.:.?'--f. 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RECORDED EXEMP—"ON Ne 1055-26-2 - RE 4E LEGAL DESCRIPTION p�CrdQ liCl ( o The South Half (Si) of the Northwest Quarter (NW}) of Section 26, Township 4 North, Range 65 West of the.Sixth Prime Meridian, Weld County, Colorado. LOT PA". AI;parcel of land3locafed`In7`thetSouthlHalfn(Si) of theSNorthwest Quarteri(NW>:)cofT:$ection 26, Township:it North, Range .65rWeitiof.tthe Sixth Prime Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner. (NW COR) of said Section 26 and considering the West line as bearing South 00'00'00" West, with all, other bearings contained herein relative thereto; - Thence South 00O00'00" West 1334.85 feet to the True Point of Beginning, Thence South 00'00'00"'West, 320:00 feet, Thence South 89'37`10" East, 272.75 feet; Thence North 00'00'00's East, 320.00 feet; - - 1_._._ .._.__..,t Thence North 89037'1O" West, 272.75 feet to the True Point of Beginning Said described parcel of land contains/2.000 acres, more or less, including 0.22 acres. more or less, reserved for County Road RIljt�'t-of-Way purposes and 0.22 acres, more or less, for an apparent irrigation ditch easement; antis subject to any rights-of-way or other easements as: granted or reserved by Instruments of record or as now existing on said::described:'parcel of:-land __._.._ SURVEYOR'S::CERTIFICATE I hereby certify that this plat was prepared under my supervision; and::that theNp +" !++, correct to the best of my knowledge and bell ••-t.; Jaspe f ese ' 'Colorado P.E S I. * io 4`3 ad* P 't �� s.. . PROPERTY OWNER'S APPROVAL L* 'E�ee :tics I , Henry Dapper, being the sole owner in fee of the above described property` subdivide the same as shown on the attached map a ► By Henry D pper Owner The foregoing certification was acknowledged before me this a_1 day of A.D. , 1981. Witness my hand and seal My Commission Expires ±3ltc. JS 1lgi ` /?'7cl uLec, O,CSit�l`) .: ' Notary Public 1 COMMISSIONER'S CERTIFICATE The accompanying plat is accepted and approved for..,fil g. n, Board of Coun Cann i ss loners li ATTEST: County Clerk Deputy County Cierk' Dated a—i/- 197/ , , , _ • 4 . _ gsric.;.4.,, mmrc, ,rr eaFJt, DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 February 11, 1981 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #480 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Henry and Caroline Dupper for a recorded exemption. The parcel of land on which this request has been made is described as the S1 NWT. Section 26, T4N, R65W of the 6th P.M. , Weld County, Colorado. This property is located 61 miles east of Gilcrest at 19708 Weld County Road 45. The property contains approximately 80 acres of Class I, II, and VI irrigated soils. The request is to split the property into par- cels of 2 acres more or less and 78 acres, more or less. Mr. and Mrs. Dupper wish to retire from farming and retain the 2 acre parcel which contains their residence. The balance of the property will be sold as a farming unit to Mr. Francis Arens, a nearby farmer. Based upon the information submitted and the adopted policies in the County, The Department of Planning Services Staff recommends the request be ap- proved for the following reasons: 1. The request is consistent with the intent clause of the recorded exemption procedure, the intent clause of the Agricultural Zone District, and the Weld County Comprehensive Plan in that the use would be compatible with the surrounding agricultural land uses. The request will allow agriculture and related uses to continue to be the predominant land uses. 2. The request complies with the provisions of Seciton 9-4 (A) of the Weld County Subdivision Regulations. Respectfully, Uidi2t. Vickie Traxler Assistant Zoning Administrator VT:rg 810565 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RF. y$o 1ma APPL . FEE $5.coo ZONING .DISTRICT r�GN�Aa \ RECORDING FEE 4.00 DATE JAN 21 1881 RECEIPT NO . tN.zjjq `U- L2A APPL . CHECKED BY 0AWC, 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 : South 1/2 (Sy2) of the Northwest Quarter (NW)4) of Section 26, Township 4 North, of Range 65 West of the 6th P.M. ACREAGE: Lot "A" .) ; Lot " B" 7S¢ ; Total go Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No NO Are there any existing improvements on Lot A? Yes i/ No Lot B? Yes No V FEE OWNERS OF PROPERTY : Name: Address f o8 — 3--f Phone N'g 4447 d a dame: , +• Address ( Phone *py Name : ly Address Phone WATER SOURCE FOR: Lot "A" 196v +-t- µ-Uk ; Lot " B" net& van • TYPE OF SEWER FOR : Lot "A" ._ e ,.n¢ ,.�t x ; Lot " B" PROPOSED USE FOR : Lot "A" � h ,„� . ; Lot "B" kasr,` 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 ) /Th STATE OF COLORADO ) nn9t-y�t\ ck 64$9''1, Signatur$ : Owner or Authorized Agent Subscribed and sworn to before me this . / day of , 19 ?,/ . SEAL 2) tau,' t.r O, Notary Public r ..r if, //1/ F'y Commission expires : 810565 .k' January 21 , 1981 To Whom it may concern: A domestic well supplies the water for the house and for the livestock. The depth of the well is approximately 60 feet and source of water is from the alluvial sands. The well has not been put on test however, it has been estimated or claimed to produce approximately 35 gal. per minute. Re: A part of Henry Dupper' s statement regarding present domestic Well. 6.11 81920-UcM1� A J R N'1:6 cit � J4/ K December 22, 1980 19708 Weld County Road 45 La Salle, Colorado To Whom it may concern: We own a parcel of real estate consisting of approximately 80 acres. It is located southeast of La Salle and known as 19708 Weld County Road 45. Legal Description: South one half ('/z) of the Northwest quarter ('34) of Section Twenty-six (26) Township four. (4), Range Sixty-five (65) Weld County, Colorado. We would like to seperate our home from the lands. My Caroline and I Have owned our farm for over fifty years and it is very hard for us to sell, but being over eighty years of age, I realize time has come to give it up. I no longer can work the lands. It is also very hard to give up our home and would like to retain it and stay here until the end. The farm is 80 acres of which one half is under cultivation and irrigation, balance of the farm (40 acres) is in native pasture. A irrigation well supplies more than ample water for the lands. It has been tested and rated as 1800 gal. per minute. The entire farm is level, having no ditches or any other obsticles that would have any tendency to divide the lands. The pasture lands should be plowed and utilized as farm grounds. Presently we have a buyer for the unimproved part of the farm. His plans are to put all of the lands under cultivation and irrigation. He is a neighbor and has his own improvements and is not at all interested in the buildings. We plan to retain approximately two acres, this parcel located in the northwest corner of the farm, therefore taking away very little of the fram land. Our home is small but is large enough for us. A domestic well supplies all the necessary water. The parcel also has easy access to a County Road, in fact the buildings are located within thirty feet of the road. Balance of un- improved lands also has direct accessto the County Road as shown in the plat. Respectfully submitted, -14.&44 • 111 -') � ,3\ • tom !sore X .. h ? -I- r �` O if* ,7z4 '� ,p .t4, CO K ANT/ Th. - „3 Id 1 a 1 41. z 4 (1, 41 AI a a 0— >. 4-- 2 .. d 0 V w 1 n J LO 0 0 U ^ V\ 1 •C‘' , 6-6 \V January 15, 1981 To whom it may concern: I have signed a purchase contract with Mr. & Mrs Henry Dupper to buy the South 1/2 of the NW 1/4 of Section 26 T 4 R 65, Weld County contingent upon the seperatian of the improvements from the balance of r' the lands. It is my intentions to put the entire parcel under irrigation and cultivation. The present irrigation well supply more than ample water for the entire 80 acres parcel. I have more than enough improvements on my home farm and am not interested in improving the Dupper parcel. Francis Arens (7< 17 BrenI A 810565 4, I Cil1e f £ ylf ii I d s 2 r11 ' t tt I1°{ t? T 'tj 14 I. aI ' ICR 44 1. r . t j� i r` t`. E 480. 3 wo su a .a e ,, 1, � T ',;444.are. .33 pp , #$ y 4 t. ^rtty �V :I 1I ..tli hl,f ti f f e s:; G ' *Il' . 11 ...i ,, ,(/ 7 I rE J!U ( R 4, I) , 81056 . tr R6. .W k33 AI; 1 . Y 41 rot^+t14140.b t rrI: I y.. LEGAL oESC, ► 71ON SEC. 6.1/;IT RISV CASE NO. RE'- -t,PD 47 73 47 w-72 73 • 47 69 47 P> 3 7326 70 Tye 47 73 �� 70 q�r 7 ` .- 46 73 72 e� �As1l�. SOIL CLASSIFICATION r OLD NO. NEW NO. IRRIGATED NON - IRRIGATED -zzo a 4 7 � 1 810565 FIELD CHECK FILING NUMBER: RE. 4%o DATE OF INSPECTION: %- . 111 NAME: kkemy avil Ca rating. t,svper REQUEST: 514-Go+d.4 a & it Oiaa LEGAL DESCRIPTION: SK„ Mcd'4 Sec!(ar, �[.,, Tti , R(osw LAND USE : N A cir:cs,_a.,,,,e_ E N S 1, lv r ZONING: N Atyley,\}isra. LOCATION: to , vta2s ate} at E R(Sr [� td4v..\ ea.. G., tres} w a COMMENTS : I?arce}8 t s Qr:yvtur it pashas. Tea. bask. La) 444..4, P 04929 cu-a Ai) hi Cu ilfirk.tata. Lath . i?a«QI Q osOcp tn..% 0. Lust Dina uord u“.U. an tan -4e PeaA �S ( Jam' slay Else 43. i4 Ia fee CS a3 -ke 'rAa Mire ca'hv.s ki,eS [urbs - (bete \{+n t.L (Alai-. tire& ti a rvM A.4l tr v—\FL'AL, Crap C CQf r.. aa u.\t at- ) �ui� , .,enw.v� l-uta- dna SoLa.Q y • ta..y.e�a s%Nutt p �0rate& i.... � g BY: v i Ckla.t,- Tract 804-79-011 810565 REFERRAL LIST APPLICANT Mr. and Mrs. Henry Dupper ti CASE n Re-480 _ I w _ REFERRALS SENT OUT ON: January 26, 1981 i C REFERRALS TO BE RECEIVED BY: February 6, 1981 N C (r F z 0 � a I m "a ' 0 0 tz is REFERRALS RECEIVED - Z County Attorney (Plat Only) - s - $ I County Health f�f K 1- Z9-$1 County Engineer . - - _$ ` State Engineer X - Division of Water Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 I� i E _ 810565 RECORDING DATA - MAPS 6 PL&TS NAME OF SUBDIVISION Recorded Exemption #1O55-26-2-RE48O NAME OF SUBDIVIDERHenry Dupper & Caroline Dupper SIINW4 Sec. 26, T. 4 N. , R. 65 W. of the 6th P.M. lOrATION OF SUBDIVISION ()A TI OF RECOPOI NG FEB_2 5 1981 BOOK 929 RECEPTION # 1850597 MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER � BY: 4P!!C.c ) Ll .n DEPUTY COUNTY CLERK b RECORDER 910565 Hello