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Home My WebLink About820547.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 581 - THOMAS B. GILBERT 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. 581, being the property of Thomas B. Gilbert, described as part of the SZ NW4, and the N1 SW4, Sec- tion 29, T5N, R64W 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 definition 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 Thomas B. Gilbert be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1982 . BOARD OF COUNTY COMMISSIONERS ATTEST:`-ti '' WELD COUNTY, COLORADO Weld Countylerk and Recorder and Clerk to the Board J T. Mart ' Chairman 7 By: C"i1u.7r 1;L i,,,4e/ eputy Count Clerk uck Carlson, Pro-Tem APPROV AS TO FORM: t, �.+ Norman Carlson 0779e' IC :"'. - tit County Attorney C. W Kirby d--- . e K. St: inmark 820547 i DATE PRESENTED: November 29, 1982 ?' - 1 Fyn t DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-4000 EXT.404 4. 91510TH STREET GREELEY,COLORADO 80631 November 24, 1982 • COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #581 Dear Commissioners: The attached application, plat and related items are in reference to a request from Thomas B. Gilbert for a recorded exemption. The parcel of land on which this request is being made is described as the S1 NW1 , and the N11 SW1, Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. The property is located one (1) mile southwest of Kersey. The property contains approximately 160 acres of Class III, IV, and VI irrigated soils. The request is to divide the property into parcels of 13.576 acres and 146.380 acres, more or less. The applicant has recently purchased the property which has an existing dairy operation. The applicant does not desire to continue the irrigated farming. He would like to sell the farmland and put the dairy operation into an economical operating status. 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 160 acres, more or less, under consideration will allow agricultural and related uses to be the predominant uses. The uses will be compatible with existing surrounding agricultural uses. The residential density permitted on the property will not exceed what is currently allowed on 160 acres of irrigated land. These facts support the proposal as being consistent with the intent clause of the Agricultural Zone District. Board of County Commissioners November 24, 1982 Page 2 - 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 (5) years; - The proposed two lots will have adequate access from Weld County Road 51. - The Weld County Health Department has indicated that both lots will have adequate sewage capacity. Respectfully, Chuck Cunliffe, Director Department of Planning Services CC:rg APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street, Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : p APPL . FEE 15.00 CASE NO . RE a se, \ `` RECORDING FEE ZONING DISTRICT Y \CUItWYw ` RECEIPT NO. %t514' DATE 1kI10 'aL APPL . CHECKED BY CACC1 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 : S the NWM, and N12 SW , Sec 29, , ?T5N R64 bf t of the 6th Pa, Weld County Colorado TOTAL ACREAGE : 160 acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x FEE OWNERS OF PROPERTY : Name : TH0P:AS B. GILBERT Address . 2547SS lac R 51 KERSEY, co 50644 Phone :_, 353-2209 Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel chCWD Smaller Parcel CHCUD TYPE OF SEWER: Larger Parcel SEPTIC Smaller Parcel SEPTIC PROPOSED USE : Larger Parcel FLRI: Smaller Parcel DAIRY ACREAGE : Larger Parcel 227 Smaller Parcel 13 EXISTING DWELLINGS : (Yes or No ) NO (Yes or No) YES 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 ) Si nature : Owner or Authorized Agent Subscribed and sworn to before me this /S4 day of /IA90:/ /p , 194? . (SEAL ) Arlo' E2i>7 o7- ,?6 -P--5" z`yrdnl C d Plea..5- Commission expires : RECORDED EXEL?TION N2 0963-29-3-i. Al NW COR SEC.29 Wf 8 O m P W 8 - Z N 89° 14 44"E. 2639.28 ' 1 in S 1/2 NW 1/4 cd M 29-5-64 N O a (0 N W I.,. ao o O x$9000\ g°°�5 ci( " I I Z L0 T B Z �. Point of .-S.00°31'30"E. Beginning o 0? 275.00' WI/4 cor. a S42°14'09"E, 73.46' Sec. 29-5-64 e 1 S.80°056°20 1 E. 46.02' ai aid S.80°02'48"E. 102.06' LOT W in N �� S.01°58'29"W. 146. 380 * ACRES o A 861.58' N 1/2SW 1/4 8 13.576 # 29-5-64 N /:::::/ L. °' ACRES I 379.59 J 5.89°17' 17"W. 2640.99' _(0 Cr - T N) - - in cc LOT 'A' - 13.576 * Ac. Scale: I"= 500' s LOT '8' 146.380 = Ac. a, • Pin found 8 30' TOTAL 159.956 *Acres 0 Pin set 8 30' SW Cor Sec z9-5-64 19 120 R.64 W. 20 21 WCR s4 OWNER: 30 29 29 28 Thomas B. Gilbert 25478 WCR 51 Kersey,Colo. 80644 • ; I7/ /7 io up LOT 3 z c; /len 0 6 to.11 f I scale:I"=2000' 30 29 \ 29 28 WCR 52 —3-1132 32 33 ( VICINITY MAP Freese Engineering ' proj: 82-144 RLCORDED EX_ET I'DTJON N° 0963 29 RE581 LEGAL DESCRIPTION ttittigid9 ///t r 7'7-- The Sou::;1 Half of the Northwest Quarter (S'-NW') and the North Half of the Southwest Quarter (N1SW%) of Section 29, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the West Quarter Corner (W's; Cor) of said Section 29 and considering the West line of said SIINW4 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, 1318.89 feet; Thence North 89°14 '44" East, 2639.28 feet; Thence South 00°02'25" East, 2640.28 feet to the SE Corner of said N1SW'; Thence South 89°17'17" West, 2640.99 feet to the SW Corner of said N1SW14; Thence North 00°00'19" West, along the West line of said SW14, 1319.45 feet to the point of Beginning. Said described parcel contains 159.956 acres, more or less, and is subject to any rights-of- way or other easements as recorded by instrument of record or as now existing on said des- cribed said parcel of land. LOT "A" Part of the South Half of the Northwest Quarter (S1NWa) and the North Half of the Southwest Quarter (N1SW4) of Section 29, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the West Quarter Corner (W4 Cor) of said Section 29 and considering the West line of said 5%NW4 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, 101 .61 feet; Thence North 89'41'21' East, 30.00 feet to the East R.O.W. of WCR 51; Thence North 89°41'21' East, 275.97 feet; Thence South 00°31'30" East, 275.00 feet; Thence South 42°14'09" East, 73.46 feet ; Thence South 56°20115` East, 46.00 feet ; Thence South 80°02 '48' East, 102 .06 feet; Thence South 01°58'29" West, 861.58 feet; Thence South 60°24'37" West, 379.59 feet ; Thence South 89°17 '17" West, 136.79 feet to a point on the West line of said N1SW'; Thence North 00°00'19" West, 1319.45 feet to the Point of Beginning. • Said described parcel contains 13.576 acres, more or less, and is subject to any rights of-wa) of other easements as recorded by instrument of record or as now existing on said described said parcel of land. SURVEYORS CERTIFICATE I hereby certify that the adjoining map and legal description were prepared u � :jthy";pQ t,'. $onal supervision and is a true and accurate representation of existing condition :.-k5g7cbesc , of my knowledge. At. r r / • c{ Y° Jasper re. e « Colorado PE LS 4392 J1•«; PROPERTY OWNER APPROVAL C': yT^`° ,:.f•r 1'4r., tOf CO-- ,. I, Thomas B. Gilbert, being the owner in fee of the above described property do hereby subdivide the same as shown on the attached map. T omas B. Gilbert — - ' A1 The foregoing certification was acknowledged before me this \% - day of tvo4_6,�.�Si\1. 1982 A.D. Witness my hand and seal. `` � ecA My commission expires: `lm , gm '° F.,d�i=s Fib 13. 79F', Noaai�t ry Public \` COMMISSIONERS CERTIFICATE The in accom an p y g plat is accepted and approved fdepr ilingT �1 _ _ L• o • 1/471 Char'"`an, Board f Count Commissioners ATTEST: County Clerk =='-1- 0-4‘4.44"7 -Aiwa .�. . . > j., -- 1.1 - - - — - i _._ Y - [. Dated _ fl - J0 .!1. , •t . • Freese Engineering proj. 82- 144 Novel ber 15, 1982 TO: WELD COUNTY CONNISSIONERS REF: RECORDED EXEPPTION-GILEERT FAP :, KERSEY, COLORADO Dear Commissioners: It is my desire to rema5n in the dairy business in Weld County, but I do not desire to continue farm- ing and that I find that the dairy is a full time cecupation, I am requesting the recorded exemption so that I can sell the farm land and put my dairy operation into an economical operating status. Your favorable consideration is greatly appreciated. Yours Truly Tho:~a s • a • `f} �+l i, rU 4UYC-7R ,�4z^''. � "ti y�'. i .2 N �>YO • :44,.....1 '7� b5v`^ `• ' •KE.RSer•ot... " r;v ,� x • h• _. 4P-4,:,.....c ' .{ma�yy :fgt.', •13/41.4 '` M A r..� F �' i y S ,r T^ •1 . ri t' ` 14.:,,,:14 .7.,4Yr5 ` \ ^ nr nt .1t^ • rbt. t rF °' Y•'4.: ----- ---- 1\;,!,...;,...-r-,,' ,,. at - s$' ''x F *} :n ��„ .'r. 1 ^.M {AL 1 ; %-* amity J ,A ,t}K r .4 4}Y1:4 .k t ay{• • t ,t:,,,4( . f _ \ ti. rf.,,,. tip I. ^ `a • - h. \ ! .. J 4 F • \ �k 6. y .. r { _ r 3 *Pi.. :FAY• \ �.r ^V KF �:..., yC;E r ,t' i";. 4 x 4 kr i. . MP � , it ...dl :".1. C A (�.N Y µ. LEGAL DESCRIF . i0N' '% a 4 CASE NO. %E • S'et �`� 70 � - • 69 d i Ya s 70 73 SOIL CLASSIFICATION OLD Na NEW NO. IRRIGATED NON - IRRIGATED REFERRAL LIST APPLICANT: Thomas B. Gilbert CASE NUMBER: RE581 SENT REFERRALS OUT: 11/18/82 REFERRALS TO BE RECEIVED BY 11/21/82 m z m o z Z H w Cl) 0 U 0 < z o q cn I-4 ¢ cn W HI 3 PP. U U z O ', �` w ft iWi H cr W U 0 U 0 P4 Z (/) z z 0 a w 0 Z CA Ri Z County Attorney (plat only) XX Weld County Health Department X XX C Engineering Department XX 3 ---- County Extension Agent O a, m Colorado Geological Survey x 1313 Sherman Street I �. Room 703 m Denver, Colorado 80203 .n i. Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control. Division 4210 East 11th Avenue Denver, Colorado 80220 FIELD CIILCK FILING NUMBER: RE-581 DATE OF INSPECTION: 11/9/82 NAME: Thomas B. Gilbert REQUEST: Recorded Exemption _ LEGAL DESCRIPTION: sk NWT and NSW' Section 29, T5N, R64W LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural/Commercial Poultry Operation ZONING: N A LOCATION: 1 mile southwest of Kersey @ E A 25478 WCR 51 S A W A COMMENTS: All the improvements (residence, out buildings , dairy barn, corrals) are located on the proposed Lot A. WCR 51 is gravel surfaced. Lot B is irrigated farmland in corn and alfalfa. Accesses to the property are existing. There is a commercial poultry operation located across the road to the west which has 3 residences associated with it. The Pilmore ditch cuts through the southern part of the property. (Lot B) There is an existing dairy operation on proposed Lot A. BY: ackr&peAfsAlie., Hello