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Home My WebLink About800774.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 444 - ALEXANDER AND BENITA RUSCH 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 26th day of March, 1980 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. 444 , being the property of Alexander and Benita Rusch, described as part of Section 3, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particu- larly 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 Southeast Quarter of Section 3, Town- ship 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado. 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 2-1A(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 Alexander and Benita Rusch 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. 800774 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of March, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (17/7„/y (Aye) C. W. Kirby,/Chairman (Aye) eonard L. Roe, Pro-Tem Cif— (Aye) Norman Carlson 2 (A e) un ar e) ne K. S einmark ATTEST: Weld County Clerk and Recorder and---G]erk too the Board BY;. C� �u C Cti��. '0-c.u-e��_. --Deputy County lerk 7' A2,AS O FORM: (I _ County Attorney DATE PRESENTED: MARCH 31, 1980 RECORDED EXEMr- TION Na. 0709-03-4-RE•444 FF e.. NJffrn ; ��Sfsl Sec.3-7I.t /4,r41.line Self .F�9Lb/l\ Ili \DI In h.lb Ni L. lg ii I Arta OD' Sc.9.cE:/".zDD' S•89°4BODE - - 1 !� � `S es ♦pin Ser _ �� o1pt �A` a��'� oo w f• O Y ' 30it 9 a�� c NI Z � V Re tali _ y d _�� RdV'.LY!' ; _ few c. ,(.ae ,f,,,„,,,-.2 v ‘64.4 y: In 1 347 95 Ftrcb/••s ;7 "orore/army Sic. .7-74-f- . e tiddreez 93 34.. P,. - 41375 34 - _. .._. .. 4 ss B/ DYYNERS z 7'74! q/exanJeI- r &a/7a/Y/. i east. RTAt/ - _ ? ti go/ Co%. .do "'1 /::::,80640 .J ., t V A AP A/ore- Lod S ocreayg - is AOr B or erg...tie o..& 4vre. 1011 ';z --- 9 G co. 'Bf ro it v/c/virr /y/9P Safi., /a,.z0Oo' A'gje s A4. J"Bo6/j6 S.(eeT /ef,Z la OTTO & CULVER •Professional Corporation LAND SURVEYORS RECORDED EXEM, fTION Na. 0709-0' -4-RE•444 . • Legal Description • The Southeast Quarter (SE') of Section 3, Township _7 North, Range 65 West of the 6th P.M. , except the South Half (Sk) of the South Half (S') of the ale South Half (Sk) of said Southeast Quarter (SEA) , Weld County, Colorado. I g ate Surveyor's Certificate 3 11 I hereby certify that this plat was prepared under my supervision; an4stl4N'thq,t� the same is correct to the best of my knowledge and belief. � .,....,•• i ts:ate:....*- :dc il Jas'-r ree e • .- z Colo ado .E. Z. L.S. No. 439 3 l0 >1 ' Property Owner's Aggroval .4. We, Alexander Rusch and Benita M. Rusch, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the atta ed map. A exa�r Ru�r Benita M. Rusch/ r Th ppvb ' SR.' ification was acknowledged befort me this 14, Y-.� p .•' • , A.D. , 1980. Witness my hand and seal. fy Gotnission Expir 3/ /96/ • NacA:•,p. color � -7,%.U \ : O Notary Public O f6..c0.--- Planning Planning Commission Certificate The accompanying plat is accepted and approved for filing. • Chairman Board County Co ssioners _ A11hSTt County Clerk Dated 0/ cam'/ gb r • • • • Prejecr/,6. "'806/36 Sint zmfZ ITSin OTTO & CULVER a Profession,lc•rpoWfon LAND SURVEYORS DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Ill i p C. COLORADO March 26, 1980 C 010 P cop. OR Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Recorded Exemption #444 Dear Commissioners : The attached application, plat, and related items are in reference to a request from Alexander and Benita Rusch for a recorded exemption. The parcel of land on which this request has been made is described as Pt. SE4, Section 3, T7N, R65W of the 6th p.m. , Weld County, Colorado. This property is located 41/2 miles east and 1 mile north of Ault. The property contains approximately 144 acres of Class I and II irrigated soils . The request is to split the property into parcels of 1. 138 acres and 113 + acres. Mr. and Mrs. Alexander Rusch wish to convey the one acre parcel to Alec Rusch, their son. Alec Rusch is leasing the property from his parents with an option to purchase. He wishes to build a home on the one acre parcel and use it as a base for the farming operations. The farming operation includes 40 stock cows, other livestock and feeding operations , and the irrigated farming. Mr. and Mrs . Alexander Rusch presently reside on the 113 acre parcel where the existing improvements are located. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons : 1 . The proposed split conforms with the intent clause of the Recorded Exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent of the Agricultural Zone District Board of County Commi:,sioners RE-444 Page 2 March 26, 1980 (Section 3 . 3 A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the use would be compatible to surrounding agricultural use . Agriculture and related uses will continue to be the predominant land use. 2. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. The Windsor Reservoir and Canal Company has requested a 40 foot dedication, 20 feet each side of the Eaton ditch for maintenance of the ditch. The Department of Planning Services Staff is of the opinion that a 40 foot reservation is more reasonable and therefore recommends that the Recorded Exemption plat be amended to show a 40 foot reservation, 20 feet each side of the Eaton Ditch prior to recording the Recorded Exemption plat. Respectfully, Chuck Cunliffe Assistant Zoning Administrator CC: sap APPL . CATION FOR RECORDED EXEMPI .JN • PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . ReMrec APPL . FEE 85.00 ZONING DISTRICT etzsl\w„0"-tve..t. RECORDING FEE 4.00 DATE 7 ,9 9 ( RECEIPT NO . bolo Ho MANAPPL . CHECKED BY Cot. 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 legal description ACREAGE : Lot "A" 1.138 ; Lot " B" Ws: ; Total Has this property been divided from or had divided fro Xit any other property since August 30 , 1972? Yes No Are there any existing improvements on Lot A? Yes No )( Lot B? Yes X No FEE OWNERS OF PROPERTY : Name: Alexander and Benita M. Rusch Address Rt.#l, Ault,C0 Phone Name : Address 80610 Phone Name : Address _ Phone WATER SOURCE FOR : Lot "A" None Oe// ; Lot " B" North Weld Water Dist. TYPE OF SEWER FOR : Lot "A" None.Sepi.c Lot " B" Septic PROPOSED USE FOR : Lot "A" Residential ; Lot " B" Agricultural 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 ) P/ Signature : Owner or Authorized Agent Subscribed and sworn to before me this aloes day of AZ 1910 . SEAL Y(1G4 ,7k o; Notary Publ ' /98/ My Commi sion expires : It '4 'lar„h 3, l9r0 To Who-1 It May Concern: In reference to the reciuest for a recorded exe-rtion of the southwest one acre, above the c-•unty rc.ad, of The Southeast Quarter (SE 4) of Section 3, TPwnshir 7 North, Range bS West of the (nth P.1. , Excert the South Talf(S1) of the South 'fal.f (S ) Of the South =ial f (St) of said Southeast 'huarter (St.?.), Weld County, Colorado. The rurrrse of the above request is to enable Alec R. Rusch to build a home and base of far°ning operations in close proxi• ity of Far.•il and I have rented, ' 'y father and Mother, owners of the above r'entinned rror.erty, have retired and rented the farr to re. ThP far •i ng orerati.rn includes arrrcxi"ately 4() stock cows in additirn to mulercus other li.vo:,tock and feeding orerations and requires that my hr-lc he in close nroxi-,ity. In addition, it- lease includes an onti cn to r urchase the farm so feasabl.y, in the Future, this land will be viewed a:• one nni t, and ^aintai.ned for the r urnose of furthering agricultural. interests. In view of the foregoing, I respectfully request that this recorded exerirti.on he granted. R Alec r<. Htsch BOARD OF DIRECTORS - 44e � l” NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES wh� ALEX HEIDENREICH ROBERT ALKIRE !I'�"�I ` 4 HIGHWAY 85 LUCERNE. COLORADO 80646 /GARY SIMPSON 1 TOM REED ,'IJ'�';-1151 LYLE NELSON, MGR. P.0, BOX 56 • PHONE 356-3020 March 4, 1980 TO WHOM IT MAY CONCERN: RE: Water Service Dear Sir: This letter is in response to your inquiry regarding water service to the following described property : Meter # 998 located in SEa Section 3, Township 7N, Range 65 West of 6th P.M. , Weld County, Colorado. Owner: Alex Rusch 1 . X Water service is presently being provided to the above described property . 2. Water service can be made available to the above described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void. Additional comments : Sincerely , NORTH WELD COUNTY WATER DISTRICT le D. Nelson, Manager LDN/rMc or A. eT — 'tip LEGAL DESCRIP`'ON /75 4/ 5EG. 3-7-GS CASE NO. , °c-= Y/V ii1 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON- IRRIGATED /7-4 `71/ c /7M-4l 2_/ 5 //off 6J 3y-0 • „'A Aro •4. lIDt o { '....x.. \ •n• • i' 'rt'< ai+i.t ^osy6.4s s, :ix 1)sANff ., '{ fire t *A.,-,,,•• t ,„Y' `.:.x k.Q li 4 L �. \11 ` IY F { u t ;irk pi }}^,s N fir" _ *' • 4,4P' ,y!q+�}jY�� la !' ; M ...f f l'k7O(Itt) 2Y II d:^'1A it,rz. 4:, 'Mpa� � h FEET*i t-..•;•;:44, 4•y . .. x ' 'Fax'. ' s M e 4 9 R R b .� { •P. 01., %r ' r'Iy YAW µ i s5ro , 5f 1 *? - r d -.I YT, { 44*, .71: kif +Fi t t 4 i a ;i . Y a"aX 'i'' r ., .t 'tCas"p g . 1 y •- �y�,'p�� tike } ' tN "� / 5 ti1C - I1'3 • .a ..',43!**— au. a ,:S, 9. a • T(� ! t "-'2A -tJ f /.:/.?1,',1, • I iliti1 y y n1�yM r }' • Y e: X • - ti• > � c a t , is T "�1 : ! i� 4 ry, ltrIlti 4f il i. ! .c.4 ,i4.;1 s �}�Xk`3yY max' -d:" 'i! s !IL �' 4 " C + S 3r' ' 4 l a 4 :x, de f 3 •''' . re.iii•t. - . r } ll� t k+a'+, a1�" j,¢ -��> ." N M s� y kliF > Y ; !i.5 % ,;1 .- - ti ti•• ,iit it • ,y3 x� l > ,,r,$) l, ,,,.— / . •px14,!b Aim, Y. L": { s 6P' F',♦. .- ,;: as Y. 1IA/ r t ist III it Ai :, xG t 4 i' d..„11:',/ •' • pay 7 py W •1 ,1:i '1 . .. .„ t F .4.,,i . „.....„ ' .",.. ...,"... ... Y .1 . i'' bfiafl �t y u.jtp r ..,1a REFERRAL LIST .. --- U a APPLICANT Alexander Rusch H q CASE # RE-444 [IQ REFERRALS SENT OUT ON: March 10, 1980 v REFERRALS TO BE RECEIVED BY: March 19, 1980 ra ca F7. U Q r:a H a ti F rs H G7 O U tc ti REFERRALS RECEIVED ?a 11 t'31 County Attorney (mylar plat only) IWAK 1 Q I920 County Health MAR 183981 County Engineer - State Engineer Division of Water Resources LIAR 21 )9N: Dept. of Natural Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 Windsor Reservoir and Canal Co. 21 1980 Box 606 Eaton, Colorado 80615 FIELD CHECK FILING NUMBER: RE 444 DATE OF INSPECTION: 3/11/80 NAME: Alexander and Benita Rusch REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt SEy, Section 3, TIN, R65W LAND USE: N Agriculture E Agriculture S Agriculture jy Agriculture ZONING: N Agriculture LOCATION: 4.5 miles east and E Agriculture 1 mile north of Ault S Agriculture W Agriculture COMMENTS : Parcel appears to be irrigated agriculture (corn) . Lot A has beenbnder cultivation (irrigated) . Access would be to Weld County Road 84 (gravel). Eaton ditch crosses the property from the southwest corner to the northeast corner. The large lot (B) contains corrals, machine sheds and barns, small, old labor house and a residence. Those structures access to Weld County Road 45. BY: C)CC <<�.�..e se 4 ,� RECO-RING DATA - MAPS b PI�ATS Recorded Exemption #0709-03-4-RE 444 NAME OF SUBDIVISION _ -----~ -" Alexander Rusch & Benita M. Rusch — }-- NAME OF SUBDIVIDER _____ Pt. SE1 of Sec. 3, I LOCATION OF SUBDIVISION 1821317 DATE OF RECORDING APR 31980 800K 899 RECEPT ION # MARY ANN FEUERSTEIN YIELD CO TY CLERK AN RECORDER BY! U DEPUTY COUNTY/ CLERK & RECORDER Hello