HomeMy WebLinkAbout810599.tiff RESOLUTION
RE : APPROVAL OF RECORDED EXEMPTION NO. 513 - EATON DEVELOPMENT
CORPORATION
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 23rd day of September, A.D. , 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. 513 , being
the property of Eaton Development described as part of the
Southwest Quarter of Section 17 , Township 6 North, Range 67
West of the 6th P.M. , Weld County, Colorado, being more parti-
cularly described as follows :
LEGAL DESCRIPTION
A tract of land situate in the Southwest Quarter of
Section 17 , Township 6 North, Range 67 West of the
6th P.M. , County of Weld, State of Colorado, more
particularly described as follows:
Considering the West line of the Southwest Quarter
of said Section to bear North 00°15 ' 00" East with
all bearings contained herein relative thereto.
Beginning at the Southwest corner of said Section;
thence North 00°15' 00" East 1590. 83 feet along the
West line of the Southwest Quarter of said Section
to the centerline of The New Cache LaPoudre Irrigation
Company No. 2 Ditch; thence along the centerline of
said No. 2 Ditch the following six courses : North
74°00 ' 35" East 277 . 62 feet; thence North 87°26 ' 50"
East 451. 91 feet; thence South 69°45' 22" East 506 . 81
feet; thence South 61°06 ' 44" East 461. 51 feet; thence
South 80°13 ' 54" East 116 . 52 feet; thence North
64°07 ' 30" East 209. 67 feet, thence South 00°26 ' 10"
West 1304 . 24 feet to a point on the South line of
the Southwest Quarter of said Section; thence South
88°17 ' 28" West 1899. 27 feet along the South line of
the Southwest Quarter of said Section to the point of
beginning. Except all that part of the above described
land lying within the right of way of the No. 2 Canal
and also except therefrom two parcels conveyed to
the Dept. of Highway, State of Colorado, by deeds
recorded September 21, 1959 in Book 1541 at Page 94
and recorded May 27 , 1966 in Book 568 as Reception
No. 1489980. Containing 61. 86 net acres 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
A1o599
Page 2
RE: RE513
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
of "subdivision" and "subdivided land" pursuant to its authority
udner Colorado statutes and Section 2-lA (3) of the Weld County
Subdivision Regulations, subject to the following conditions:
1. The Planning staff recommends approval be
conditional upon the approval of the use by
special review for the church.
2. The State Department requested reservation of a
total of 75 feet north of the center line of
Colorado State Highway #392 .
3. The staff also recommended that the necessary
additional right-of-way be noted on the plat as
reserved for future right-of-way pruposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners that the hereinabove described parcel of land
owned by Eaton Development Corporation be, and hereby is,
exempt from the definition of the terms "subdivision" and
"subdivided land" .
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the conditions for approval
contained in the above and foregoing be, and hereby are, adopted.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day
of September, A. D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ABSENT
CHUCK CARLSON, CHAIRMAN
ATTEST:
(AYE)
We County Clerk and Recorder NORMAN CARLSON
and lerk to th B ar (AYE)
BY.: C. W R RBY
;Deputy Count Clerk
j �, .• f'l:z. %, / li lt2%i:: (AYE)
R ED AS TO FORM: J ` T. MARTIN
- /l69-7-g b )1,7J'Ze- IN�/f71e/LIAYE)
County Attorney trK. STE MARK
!1.0599
DATE PRESENTED: SEPTEMBER 28 , 1981
Recorded Exemption Ns?: 0807- 17-3- RE513
Date: May 22, 1981
Owners: The Eaton Development Corporation ,
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V/C/N/TY MAP
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810599
• Sheet 1 of 2
133-7-1 x
Recorded Exempts_. ' No. 0807-17-3-RE51..
Date: May 22 , 1981
Owners:
LEGAL DESCRIPTION id-44 l
A tract of land situate in the Southwest Quarter of Section 17, Township 6 North, Range 67
West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as
follows:
Considering the West line of the Southwest Quarter of said Section to bear North 00°15'00"
East with all bearings contained herein relative thereto.
Beginning at the Southwest corner of said Section; thence North 00°15'00" East 1590.83 feet
along the West line of the Southwest Quarter of said Section to the centerline of The New
Cache LaPoudre Irrigation Company No. 2 Ditch; thence along the centerline of said No. 2
Ditch the following six courses: North 74°00'35" East 277.62 feet; thence North 87°26'5O"
East 451.91 feet; thence South 69°45 '22" East 506.81 feet ; thence South 61°06'44" East
461.51 feet ; thence South 80°13'54" East 116.52 feet ; thence North 64°07 '30" East 209.67
feet, thence South 00°26'10" West 1304.24 feet to a point on the South line of the South-
west Quarter of said Section; thence South 88°17 '28" Wnst 1899.27 feet along the South line
of the Southwest Quarter of said Section to the point of beginning. Except all that part
of the above described land lying conveyed
the right of way of the No. 2 Canal and also
recorded i1Septemberwo 21, 1959sin Booke1541 at e Page t 94 andf 1recordedtate of May 27,C1966ain,Bookd568s
as Reception No. 1489980. Containing 61.86 net acres more or less.
We, The Eaton Development Corporation, being the sole owners in fee of the above
described property do hereby subdivide the same as shown on the attached map.
21 ‘2e
Georg Goodell, President n d Luttrell, e etary
The foregoing instrument was acknowledged before me this 4.1 --- day of 1f1iC
1981.
My Commission expires:t 1t6Pres Sept 21, 198'
Witness my Hand and Seal
Notar P lic
SURVEYOR'S CERTIFICATE
I hereby certify that this plat was prepared under my supervision; and further certify
that the same is correct to the best of my knowledge and belief.
rbapc
INSPPokv
/� / �� eo e
a:17
�CK� _, 4Qe06 Vir 9TEA. _•�%
Edward L. Berlier, Registered Land Surveyor, 10855 s BOO •
10855 hie
The accompanying plat is approved and accepted for filing. G .A;y1,O -ere•
' s•,t • 8U dctS%.
("174 4%OF CO.„Vas."'
._,;:r-e rro te"
Chairman of the Board of County Commissioners
fr14u ( /„,,,, -Ltamtm/
ATTEST:
Coun Clerk i, i
BY: liet)4SH
9— as- '91i
DATE: •
r
Sheet 2 of 2
eto599 132-7-1
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
September 23, 1981
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #513
Dear Commissioners:
The attached application, plat and related items are in reference to a
request by the Eaton Evelopment Corporation for a recorded exemption.
The parcel of land is described as part of the SW1, Section 17, T6N, R67W
of the 6th P.M. , Weld County, Colorado. This property is located one-half
mile west of Windsor. The property contains approximately 62 acres of
Class I and II soils in the Agricultural Zone District. The request is
to split the property into parcels of 5 acres and 56 acres.
The proposed Lot "B" may be used as a church and parsonage site in the
future. Lot "B" will subsequently undergo a use by special review for
the church. The productive agricultural land will continue to be farmed.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Service's staff recommends the
request be approved for the following reasons:
1. The request is in compliance with the policies of the Weld
County Comprehensive Plan in that to minimize conflicting
land uses, urban development will be encouraged to locate
adjacent to existing towns and in accordance with the
comprehensive plans and stated wishes of each community.
This parcel of land is located within the comprehensive
plan of the city of Windsor. The city of Windsor has
no objections to this request.
2. The proposal is consistent with the intent of the Agricultural
District and intent of the exemption procedure in that orderly,
planned development consistent with the city of Windsor's
plans will occur.
F40599
Board of County Commissioners
September 23, 1981
Page 2
3. Section 9-4 A. of the Weld County Subdivision Regulations have
been complied with.
The staff recommends that the recorded exemption approval be conditional
on the approval of the use by special review permit for the church.
Also, the State Highway Department has requested reservation of a total
of 75 feet north of the center line of Colorado State Highway 392.
The staff recommends that the necessary additional right-of-way be
noted on the plat as reserved for future right-of-way purposes.
Re .ec ully,
keC
Thomas E. Honn
Zoning Administrator
TEH:rjg
v40599
APPLICATION FOR RECORDED EXCMPIiON
PHONE : 356- 4000 Ext . 400
Deparr.mvnt of Pl ,tnnincg_ Sry 915 - lath Street , Greeley+ , Colorado
[ OR PLANNING DEPARTMENT USE ONLY :
•
CASE NO . E APPL . FEE 55. �
5
ZONING DISTRICT RECORDING FEE ,e
DATE RECEIPT NO . /
IPPL . CHECKED BY
`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 :
A tract ,rt land situate in the Southwest Quarter of Section 17. Township 6 North, Range 67
West of the nth P.M- , County of Weld . State of Colorado, more particularly described as
Iolluws :
('i,nr 1'•rI ', the West 1 the of the Southwest Quarter of said Section to bear North 00°15'00"
Vast wish .r11 bearings . ontained herein relative thereto.
Itegluning, nt. the Southwest corner of said Section ; thence North 00°.15'00" East 1590.83 feet
,i I on}•. the West line ul r he Southwest Quarter of said Section to the centerline of '1'1w New
Cache I,. I'on,lrtr Irrigation Company No. 2 Ditch; thence along the centerline of said No. 2 •
itch the Iu,l1nwtrtg slx courses: North 74°00'3.5" East 277.62 feet ; thence North 87°26'50"
I':ast 4I .9I.'1 I I amt. ; thence South 69°4`1 '22" East 506.81 feet ; thence South 61°06'44" East
/61 . ',I t ,, ; thence south 80° 13'54" East 116.52 feet ; thence North 64°07'30" East 209.67
feet ; , 1O4 •e South 00"26 ' l0" West .1304.24 feet to a point on the South line o1 the South-
west trti.iIIel of said Sect ton; thence South 88°17 '28" Wt'ot 1899.27 feet along the South lint;; •
of the ', n+ itwest Quarter of said Section to the point of beginning.
The .ti„uve described parcel contains a gross acreage of 65.62'ecree more or less.
ACPI.AGE : Lot "A" 56 . 86 AC ; Lot " B" 5 . 00 AC ; Total 61 . 86 AC
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 No x
Lot Ii? Yes No x
FEE OWNERS OF PROPERTY :
Name : Eat,_on Development Corp. Address 15 Oak Street Phone 45.4-3344
a"ro : George Goodell , President Address Eaton , Co . so615Phone
Name : Address Phone
WATER SOURCE FOR : Lot "A" North Weld Water ; Lot "B" North Weld Water
TYPE. OF SEWER FOR : Lot "A" Sept], Lot "B" Sept}c
PROPOSED' USE FOR : Lot "A" -_ Farming ; Lot "B",, .Churdi and, House
1 hereby depose and state under the penalties of perjury that all
statements . proposals , and/or plans submitted with ofl contained within
this, application are true and correct to the best of my knowledge .
COUNTY OF WELD )
STA l I. OI= COLORADO )
Signature : Owner or uthorized Agent
Eaton Development Corp. George Goodell
PRESIDENT '
Subscribed and sworn to before me this / day of Ji &j . 19, Xi .
SEAL -K-
a y PubTic
My Commission expires April 28, 1985
`ray iT !, fir . . Ell 0599
LEGA ` L) ,- 5C , ; ' u S'#4
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CASE NO. -,F 513 1`1 - b- le-1
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SOIL CLASSIFICATION
OLD Na NEW NO. IRRIGATED NON - IRRIGATED
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BOARD OF DIRECTORS ec-w =�
4NIL NORTH WELD COUNTY WATER DISTRICT
ERNEST TIGGES
ALEX HEIDENREICH
ROBERT ALKIRE ��•R HIGHWAY 85 LUCERNE, COLORADO 8O646
GARY SIMPSON ,
LYLE NELSON. MGR.
TOM REED
P.O. BOX 56 • PHONE 356.9020
May 14 , 1981
RE: Water Service , Eaton Developement Corp .
c/o George Goodell
Dear Sirs,
This letter is in response to your inquiry regarding water
service to the following described property :
SW* Sec . 17-6-67
1 . x Water service is presently bring provided to the
above described property .
2 . X Water service can be made available to the above
described property provided a ] I requirements of
the District are satisfied .
If contracts have not been consumated wi th North Weld County
Water District within one year from date oi' this letter , this
letter shall become null and void.
Additional comments :
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
L e D . Nelson, Manager
LDN/rMc
e4 0599 ,,.
REFERRAL LIST
APPLICANT: Eaton Development Corporation CASE NUMBER: RE-513
SENT REFERRALS OUT: August 14, 1981 REFERRALS TO BE RECEIVED BY September 9, 1981
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County Attorney (plat only) / Town of Windsor
XX ‘/ c/o Don Sandoval, Administrator
, Weld County Health Department Box 627
V XX Windsor, Colorado 80550
Engineering Department
XX
__ County Extension Agent
Colorado Geological Survey
XX 1313 Sherman Street
Room 703
Denver, Colorado 80203
Colorado Water Conservation
I Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
State Engineer
Division of Water Resources
Room 818
Denver, Colorado 80203
✓ State Highway Department
yj 1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
/ West Greeley Soil Conservation
✓ Service
4302 West 9th Street Road
Greeley, Colorado 80634
e4 0599
oty,, _• .
�`I,Y 4;' P. D. BOX 627 WINDSOR, COLORADO 80550
4,4
September 8 , 1981
Mr . Thomas E . Bonn
• Weld County Colorado
Department of Planning Services
915 Tenth Street
Greeley , Colorado 80631
Re : Weld County Referrals , August 13, , 1981
Dear Mr. Honn :
The proposed church site is included on Windsor' s
Comprehensive Land Use Map as a single family resi-
dential area, and is therefore compatible with future
land use plans . Windsor has a 12 " water main along
the south boundary of the proposed site and it is
stated in the Comprehensive Plan that future develop-
ment along existing water mains be served by the Windsor
Water Department . Therefore , the Windsor Planning
Commission, at their regular meeting September 3 , 1981
made the following recommendation to the Weld County
Planning Commission by a unanimous vote :
The recorded exemption and conditional use permit
requests for the property located 1/2 mile west of
Windsor are recommended for approval contingent upon
the applicant utilizing Windsor water service now
existing near the property. In the event the applicant
does not wish to become part of the Windsor water
system, the Windsor Planning Commission would recommend
denial of the applications .
Thank you for bringing this matter to our atten-
tion.
Sincerely ,
TOWN OF WIND
aJ ) ws,,
cci
Donald E . Sandoval , RacEl\'`✓ 7.
Town Administrator —
Weld C[tcry
DS/j 1 `annisc t rsissiot• �A
jC 04.4599
N ; COLORADO STATE DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS Weld County
Paz SH 392
September 8, 1981 Eaton Dev. Corp.
Exemp.
NE of Co. Rd. 15 &
SH 392
Mr. Thomas E. Honn DOH FILE 45100
Department of Planning Services
Weld County o''` "^
915 Tenth Street
Greeley, Colorado 80631
rSZPC
Dear Mr. Honn:
We have reviewed the application from Eaton Development Corporation for a recorded
exemption, and we ask for your consideration of the following comments.
1 . Projected traffic on State Highway 392 indicates the need for a total of 150
feet of right of way, 75 feet each side of the centerline. The existing right-
of-way width north of the highway centerline is approximately 40 feet. An
additional 35 feet should be protected by reservation or, preferably, dedication
as permitted by local regulations. - --�
2. This exemption would create two parcels with frontage on S.H. 392 and Weld
County Road 15. Vehicular access to S.H. 392 is now regulated by the State
Highway Access Code which took effect on August 31 , 1981. Since these parcels
would have reasonable access to the County Road, direct access to S.H. 392
cannot be permitted. An existing driveway could continue to be utilized if
no change in the use of the access occurs.
Thank you for the opportunity to review this application.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
e-c 4u-
D, uglas Rames
District P econstruction Engineer
DDR:da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson w/encl .
61,0599
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232
;%^^. United States Soil
Department of Conservation
Agriculture Service
4302 W. 9th St. Road, Greeley, CO. 80634 Sept. 3, 1981
Milton Baumgartner, P e ident
West Greeley Soil C ns rvation District
P. 0. Box 86
Greeley, Colorado 32
I have reviewed the request from the Weld County Department of Planning
Services for a recorded exemption by Eaton Development Corporation for a
61 acre parcel located in the SWy of Section 17, Twp. 6N, R67W, 1/2 mile
west of Windsor, Colorado.
The site is comprised primarily of the soil type Olney fine sandy loam, 1 to
3 percent slope, which is compatible with the planned activities as stated in
the exemption. This soil type is considered to be prime farmland if irrigated
and the exemption request makes it possible for this land to be removed from
agricultural production. This could be an important consideration since Weld
County is committed to preservation of prime farmlands.
Inc el y,
Ronald D. 111er
District Conservationist _.
Greeley Field Office
xc: Weld County Department of Planning Services r//
RDM:jb
0 e4 039
� c.11D
August 14, 1981
, f RE-513
•
- COLORADO •
REFERRAL
AL
TO WHOM IT MAY CONCERN :
Enclosed is an application from Eaton Development Corporation
or a recorded exemption
- ar _. 1 of : and is cesc'_ _ isec as i1y rt o1._thP Sect nr._1J,--r6N* `, 1•?--_
o: the btn P.M., Weld County. Colorad_Q
The location of the parcel of land for which this application has been
sub`:?t:ed is 1 mile west of Windsor
This application is submitted to your office for review and recommenda-
tions. Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations . If a response from your office is not
received within 14 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 14 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by September 9, 1981 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter .
1. ` We have reviewed the proposal and find no conflicts with our
interest's. tom.w4.44-•c(gyp-?°:6P4'3
2. A formal recommendation is under cona 'a '- gin and will be
submitted to you prior. to •"" „;„ ,•,
3 . Please refer to the enclosed lett,`�. AUG1981 `A
RECEIVED -1
Signed ._ . Gna.�d;� ,�� j ✓ Agency 1et N vt4a, \). Date 6-„AI. 6'/
Timing Cersmitsioe ,q,
L6_
Zoning Administrator . •
el!0599
/0/ ` .
RECEIVED - . . ._ ___ _ _
r r, �' I AU 1. 7 1981 August 14, 1981-_-= ---- -_.
r
1 k $ `-� CO LO. GEOL. SURV ' CASE 1ci3 ER RE-513
_, i .t 1 1 a F;<. - 3
La •
- COLORADO
REFERRAL
TO WHOM IT MAY CONCERN : .
Enclosed is an application from Eaton Development Corporation
for a recorded exemption -
_ aa_ce? of land is described as part of the SW1;, Sertinn ]7, T6Y R67T!
•
of the 6th P.M. . Weld County. Colorado
The location of the parcel of land for which this application has been
submitted is li mile west of Windsor
This application is submitted to your office for review and recoinenda-
tions . Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recor endations. If a response from your office is not
received within 14 days of mailing from our office, it may be in-
! terpreted to mean approval by your office. If you are unable to
respond within 14 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by September 9, 1981 so that we may give
full consideration to your recommendation. Thank you very much for
your help- and cooperation in this matter.
1. We have reviewed the proposal and find no conflicts with our
interests. .
2 . L/' A formal recommendation is under consideration and will be
submitted to you prior. to � ? se.¢._ Writdmi , all4G1t
3 . Please refer to the enclosed letter . CUP A):81:-3
Signed . P _ Agency ( h ae JuNutpate6-2/-81
•
r;r 0,--1-, .-, ,--
Zoning Administrator S:i•UJ99
RECORDING DATA — MAPS A PL.
NAME OF SUBDIVISION Recorded Exemption NO. 0807-17-3-RE513
NAME OF SUBDIVIDER The Eaton Development Corporation
LOCATION OF SUBDIVISION See attached form
DATE OF RECORDING OCT 13 1981 BOOK 955ORECEPTION M 1871626
FILE #3121 MARY ANN FEUERSTEIN
WEL UNTY�� CLERK AND RECORDER
BY. O`er\\
DEPU V COUNTY CLERK d RECORDER
810599
LEGAL DESCRIPTION
A tract of land situate in the Southwest Quarter of Section 17, Township 6 North, Range 67
West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as
follows:
Considering the West line of the Southwest Quarter of said Section to bear North 00°15'00'
East with all bearings contained herein relative thereto.
Beginning at the Southwest corner of said Section; thence North 00°15'00" East 1590.83 fe.
along the West line of the Southwest Quarter of said Section to the centerline of The New
Cache LaPoudre Irrigation Company No. 2 Ditch; thence along the centerline of said No. 2
Ditch the following six courses: North 74°00'35" East 277.62 feet; thence North 87°26'5"
East 451.91 feet; thence South 69°45'22" East 506.81 feet ; thence South 61°06'44" East
461.51 feet; thence South 80°13'54" East 116.52 feat ; thence North 64°07'30" East 209.67
feet, thence South 00°26'10" West 1304.24 feet to a point on the South line of the South-
west Quarter of said Section; thence South 88°17'28" West 1899.27 feet along the South li,
of the Southwest Quarter of said Section to the point of beginning. Except all that part
of the above described land lying within the right of way of the No. 2 Canal and also
except therefrom two parcels conveyed to the Dept. of Highway State of Colorado, by deed:
,,recorded September 21, 1959 in Book 1541 at Page 94 and recorded May 27, 1966 id Book-568
,qua Reception No. 1489980. Containing 61.86 net acres more or less.
4.
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