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Home My WebLink About810597.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 511 - MARTIN AND CECILIA SMITS 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 Commissioners of Weld County, Colorado, at a public meeting held on the 26th day of August, 1981, in the Chambers of the Board that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 511, being the property of Martin and Cecilia Smits, described as part of Southwest Quarter (SWt) of Section 16, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Lot 'A' A parcel of land located in the Southwest Quarter of Section 16, T. 4 N. , R. 66 W. of the 6th P.M. , Weld County, Colorado being more particularly described as follows; Beginning at the Southwest Corner (SW Cor) of said Section 16 and considering the West line of said SW ≤ as bearing North 00°00 ' 00" West with all other bearings contained herein relative thereto. Thence North 00°00 ' 00" West, along said West line, 208. 71 feet; Thence South 89°51' 27" East, 208. 71 feet; Thence South 00°00 ' 00" East, 208. 71 feet; Thence North 89°51 ' 27" West, 208 . 71 feet to the Point of Beginning. Said described parcel of land contains 1. 000 acres, more or less, and is 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. 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 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 810597 Page 2 RE: RE 511 - Continued of "subdivision" and "subdivided land" pursuant to its authority under Colorado statutes and Section 2-1A(3) of the Weld County Subdivision Regulations. WHEREAS, the State Highway Department has asked that an additional ten feet of right-of-way be reserved for potential future need. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the hereinabove described parcel of land owned by Martin and Cecilia Smits be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that an additional ten feet of right-of-way be reserved on the north side of State Highway 256. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of August, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO (Aye) Ch ck Carlson, Chairman ABSENT Norman Carlson, Pro-Tem // l ct (Aye) C. W. Kirby 'i ;7- (Aye) "lin T., /`Martini / K. flyn/ �cS2l71?/1. (Aye) _:- • / ne K. S einmark ' `CL (P_,,"4„ ATTEST: t 11 Weld County Clerk and Recorder and "Clrk to the -Bo Deputy Coun y Clerk PP ED AS T RM f-y_ e7 C-- County Attorney DATE PRESENTED: AUGUST 31, 1981 w' 0591 RECORDED EXLMPTION N° io57-Iv 3-RE5II yWCor Sec. /G • /,/ ¢ 7 ...C67.57 0477%S'5 26 05 77' f ii t\ b, N ✓ ti c1/4, k4 spa/P /."Soo' 3 LDT 'B ' N • -A'' se/ ▪ _r/;, ,ade.,d /s9 r AC.eds -.- So' so ' a p s89's/nYE• o� poB. 7/' iy .. p LOT . c<.:1 v .t' 1 N ACRE h O ,ra e.7/it ,�}} sVa% /icy 2s'"G ,. s.,/Care Al .----1' 1, Ne9 3/'27 'W 260400 • .,��• - - steer Sec./6 �o h _. Sec./4 7s6v.,Rw.66 . co , r.-... 04//YrieS.. I ' b 9 /o ,'la,-/,n / Cec./a S4i-'/s B 9 <..ceac /4.3.39 0)4s/40 /44.y ca..rG /7 /lo - /6- /6 ,, .%rf0esv.//e, Co/o. ..does/ m • % Z. /*/**/ 1 LOT B ' T4N. «7":a• /6 /-s /7 ce%. es-620 4 8/ 2/ 22 vnCiy/T7- MAP sca/r-/=Pte' 810597 ASSOCIATED ENGINEERS, INC. 20316G A, ( RECORDED EXEMPTION N° 1057- 16-S RE511 Legal Description oil The Southwest Quarter (SW 1/4) of Section 16 , Township 4 North, Range 66 West of the 6th P.M. , Weld County , Colorado. /Lot 'A ' Qj 41 A parcel of land located in the Southwest Quarter of Section 16, T. 4 N. , R. 66 W. of the 6th P.M. , Weld County , Colorado being more particularly described as follows ; Beginning at the Southwest Corner (SW Cor) of said Section 16 and considering the West line of said SW 1 /4 as bearing' North 00`00' 00"West with all other bearings contained herein relative thereto. Thence North 00°00'00" West , along said West line, 208. 71 feet ; Thence South 89°51 '27" East , 208.71 feet ; Thence South 00°00 '00" East, 208.71 feet ; Thence North 89°51 '27" West, 208.71 feet to the Point of Beginning. Said described parcel of land contains 1 .000 acres, more or less , and is 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 the same is correct to the best of my knowle nd belief. `4 II/#.4\ , \..�-•— N - l • `�' `�-'•J�1 Je e W. Wiiingerj 1 qO 43 s Colorado L. S. #10743 '1. _ ..* Property Owner ' s Approval • li Air N S pV •Np9 mepP�. We, Martin Smits and Cecilia Smits, being the sole owner in fee of the above described property do hereby subdivide the same as shown on on�tthe attached map. - n /0wne Cec i l wne0 r The foregoing certification was acknowledged before me this rg day of °("ii;1 , A.D. , 1981 . Witness my hand and seal . My Commission Expires: My Commission expires Feb. n, TIM �p Evan. Qua Nd�ary Public } Commissioner ' s Certificate The accompanying plat is accepted and approved for filing. Iacr...c.Z. Chairma(nj,��Board of County Commissioners ATTEST: County Clerk 'vial Lap <�}��U ZOO'S p // 'Or \! Dated 0 '� air 1-- t r ui 1/4 •a - �1 , - V ASSOCIAItu ENGINEERS, INC. 2O316G DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 IIIIk August 26, 1981 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #511 Dear Commissioners: The attached application, plat and related items are in reference to a request for a recorded exemption from Martin and Cecilia Smits. The parcel of land under consideration is described as the SW', Section 16, T4N, R66W of the 6th P.M. , Weld County, Colorado. This property is located 1 mile north of Gilcrest. This property contains approximately 160 acres of Class II and III irrigated soils. The request is to split the property into parcels of one acre and 159 acres more or less. There are two existing residences on the parcel. The recorded exemption would split the Smits son's home (Lot A) from the farm (Lot B) . The Smits are currently farming the property. There is no intent to sell either Lot A or Lot B. Both families would continue to live on their respective parcels. 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 Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3-3.A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zoned District) and the Weld County Comprehensive Plan in that each parcel does have an existing set of improvements. The use will be compatible with surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land use. There will be no reduction in the amount of land currently being used for agricultural production. Furthermore, this action will not cause increased impacts from residential development on the parcel in question or the surrounding area as residential improvements exist on both proposed Lots A and B. el 0597 Board of County Commissioners August 26, 1981 Page 2 2. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. 3. The town of Gilcresthas indicated no objection to the request. The State Highway Department has asked that an additional ten (10) feet of right-of-way be reserved for potential future need. The Department of Planning Service's staff feels the Board should condition the exemption, if approved, with a reservation for an additional ten (10) feet of right-of-way on the north side of State Highway 256. Respectfully, A"ractrtcu) \\criAi Thomas E. Honn C' Zoning Administrator 810597 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 . ZEi 5l , APPL . FEE 25 "crit ZONING DISTRICT A RECORDING FEE DATE 71- Zi - 2 ( RECEIPT NO . 0'70 APPL . CHECKED BY pt.- 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 : . ' rbe 5'wy of J c,f/`oA /6 Town s p Y Art 1, flange 4e k/esj- i of tAe 6t4 Pa! ; h tlte/ ()it,* of we /J.Jil) cot. S-e r. , ItC71-11- Cc ti.t l t:(.10 r/ACREAGE: Lot "A" 1.000 Snore ; Lot " B" /57 f 4crc ; Total /60 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 x No FEE OWNERS OF PROPERTY : 14 33 9 f+..to ft-vy 7.fi2 Name : ,MAri,n and fe-,l.a s - :tc Address Pkt/ev."11e Olo Phone 732- 3169 Name : Address Phone Name : Address Phone WATER SOURCE FOR : Lot "A" r'lhderyro ; Lot "B" khderyreand TYPE OF SEWER FOR : Lot "A" .Sepf•c c1s /8,.. ; Lot " B" Septic i .yfent PROPOSED USE FOR : Lot "A" Re,/d trice ; Lot " B" Fwr .. "`l�1S1G�0uLQ 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 ) Q STATE OF COLORADO ) Signature : Owner or Authorized Agent Subscribed and sworn to before me this -171 day of \,,t , 19?; j . SEAL et.cl (Nary Public My Commission expires Feb. 13, 1985 My Commission expires : 81,0597 s FS:FT:1ST: USE: ft I " LOCATION: Z ,! IV. — E '' s 't lv CO"S'EY.TS • • � Q 2 S4, BY: pnt_7o-011 810597 July 24, 1981 14009 State Hwy. 256 Platteville, Colo. 80651 Weld County Commissioners 915 10th Street Greeley, Colo. 80631 Dear Sirs : Since July 3, 1980, the walls of the 800 square feet house we live in have been closing in on us. Twelve years prior to that date, the house was small but comfortable for my wife and me . But on July 3, 1980, we were surprised, and blessed, by a 3 pound-13 ounce boy. This ouse is located in the corner of my parent ' s 160 acre irritated farm about one-third of a mile from their home and the main farm buildings . In order to provide a larger house for my family, I would like to purchase an acre of land where this house, a two-car garage and a septic system are located. The water for this house comes from an underground domestic well which was drilled by my parents around 1945. We had the water rested by the field County Health Department when our baby was born. They found it to be safe. A copy of the test is attached. I have lived on my parent ' s farm 37 years , have farmed it over 20 years and plan to farm it for the forseeable future. Please grant my parents a recorded exemption for an acre of land before the walls crush us . Nespectfully yours, / Leonard Smits We plan to remove the existing house on Lot A and build a new residence 810597 °1k s ir a 3 'sy.�Fox .4l Q w ,,,K r • .v x ,. S ,✓- '. ' ,,. NTp t ��.u. .G s tom', i 1 i , w „.:..t— s/ os 4 "> { nit ,y.., ..1, A. I RE stir ya ,�s xr. ..X., +cx x. O .141 §: Yid IF „5y� . . q1 IF f2 2 22 4v; i 44 s w. r/ .4.: a'ss a .. sli • -= 4 "0 dt a L at # 810597 . , _1 L. `T ./ . % , . L/ • 11 so..4. 1-L _C -.""—'46. ,AS N O. R.E-- -. A‘ Tigg - isri,:/%:,: 1, nn 1, µr •a9t.t4K :p � �::.i. t il .4 1 t. k..# t� if SOIL CLASSIFICATION OLD NO. NEW NO. I IRRIGATED NON -- IRRIGATED 30 -rrt-e_. __ . ____ =•e_ — [ _ - _ i _ ______________ 1 • _ _ _ _ _ . _ _ _ __ ___ i - _-- --- - - ___ __I I_ _ ____ _ 1_ _ _ ---- --- — _i_ _ _ _ __ _ 1 i 1 1 1 P40597 ?C 46So°v? • I ' I a O i E �" I O 0O ..- o▪ .-i / } O LT, to .- N td OC �> O ` ..O a)Y L CI t N L.. f 4- CD 1I v a J ._ - V r V1 V N E O O c NL L is � V- 41 T I.-, Y O J O i a >, .N N 0] N n l Y co a, f0 -O o c-I ci c. a .-. x, o » .x � ¢c - f a in a.L r- t>V) E Ei G sit i tn 0 L v c I. o v v V • Y c c o w o a O o o Y O C V O >T c Z w v 0, U J V U J ro E n E w v v 6 J m e LI V z ,n Y v)..- c a Y V J E m C I w Li- J N O N d >- OGOL i ,n a G N O it w G^ O T N T r- c a w 3▪ ..L w O .4 L 1 G V .2 - i )� L.--L n 1 1.- O -. • W J W N w o Ill Y V L)3 p a P I E c_ 1 y. v E 4- CI a ro J N z.C -.- o 0 c 1- s- ..-6 O c w ct Q O Y w w > G co w E E N F- 1 m U I- N .o- i ,n o v +, v v u `c x o mac o Un a v )-L' VVV w'- 3 N 1 m• ¢ n w • W ` 41 11 N N d r f..r., \I O v v N w > S—1- t w ,) v C ,,i w a. w a E REFERRAL LIST APPLICANT: Martin and Cecilia Smits CASE NUMBER: RE-511 SENT REFERRALS OUT: August 5, 1981 REFERRALS TO BE RECEIVED BY August 19, 1981 m z z U) o U) o z H z H ral 6 U) OH 6 U) U O 2 0 U O 0 w a w ti w Pn ti W vi • O U O d 0 U O W W U W z LO PG z z En P W S 0 VV" County Attorney (plat only) XX Weld County Health Department ✓ XX Engineering Department XX County Extension Agent Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources Room 818 Denver, Colorado 80203 XX State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Town of Gilcrest c/o Gayle Packard-Seeburger P.O. Box 8 Gilcrest, Colorado 80623 810597 N COLORADO STATE DEPARTMENT OF HIGHWAYS * * �* DIVISION OF HIGHWAYS Weld County 181 SH 256 August 20, 1981 Smits Exemption 1 Mi . W. of Gilcrest On N. Side of 256 Mr. Thomas E. Honn DOH FILE 45100 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Honn: We have reviewed the Martin and Cecilia Smits application for a recorded exemption, and we ask for your consideration of the following comments. 1 . Projected traffic on State Highway 256 indicates the need for a total of 80 feet, 40 feet each side of the highway centerline. Since the existing right of way is 30 feet north of the centerline, we ask that ten feet of additional right of way be protected by reservation or dedication, as permitted by local regulations. 2. If this exemption is approved, we ask that no additional access to S.H. 256 be considered. Access to both of these lots is available from County Road 29, and direct access to the highway should not be necessary. Thank you for the opportunity to review this exemption request. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER ��L.LL.t/z .7. c_'-' ,--71,--6-4. 4 Albert Cbotvacs Assistant District Engi I. AC:da cc: D. M. Bower 4)pf� --'t S\ D. N. Fraser (2) /\ .4 b File: Crier-Jacobson-Rames (I fl- a� w/encl . f K-_,_ CENE° La alt ti nin^logo;cO,8c1�8059'7 X P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 RECORDING DATA - MAPS b PLA . NAME OF SUBDIVISION Recorded Exemption #1057-16-3-RE511 Martin Smits Cecilia Smits NAME OF SUBDIVIDER The Southwest Quarter (SW1) of Section 16, Township 4 North, LOr'ATION OF SUBDIVISION Range 66 West of the 6th cP.M. , Weld County, Colorado. PATE OF RECORDING SEP 3 1981 BOOK 946 RECEPTION # 1868151 MARY ANN FEUERSTEIN WELD COUNT CLERK AND RECORDER BY: DEPUTY COUNTY CLERK d FrORDFR 810597 Hello