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HomeMy WebLinkAbout800627.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 460 - MR. AND MRS. EMIL SCHEEL. 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 8th day of October, 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. 460 , being the property of Mr. and Mrs . Emil Scheel, described as part of the West Half and Part of the West Half of the Northeast Quarter of Section 20, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more partic- ularly 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: All that part of the W2 of Section 20 , Town- ship 6 North, Range 64 West of the 6th P .M. , Weld County, Colorado lying North and East of the North side lateral; also all that part of the W1 NEa of Section 20-6-64 being more particularly described as follows : Beginning at the Northwest corner of the NE4 of said Section 20 ; Thence running East 216 feet along the North boundary line of said NEa; Thence running South 2640 feet; Thence running West 235 feet to the west boundary line of said NE4; Thence running North 2640 feet on the west boundary line of said NEa to the Point of Beginning; Also all that part NWa SEa of said Section 20-6-64 described as follows : Beginning at the Northwest Corner of SEq of said Section 20; Thence running South 213 feet; Thence Northeasterly 232 feet; Thence North 118 feet; Thence West 212 feet to the Point of Beginning. Lot "A" A part of the NW; and of the NE; of Section 20 , Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows : 800627 Beginning at the N4 Corner of said Section 20 and considering the North line of said Section 20 as bearing North 90°00 ' 00" West with all other bearings contained herein relative thereto; Thence North 90°00 ' 00" West, 910 . 34 feet along said North line; Thence South 02°50 ' 00" West, 400 . 28 feet; Thence South 90°00 ' 00" Fast, 1148. 79 feet; Thence North 02°22 ' 54" West, 399. 80 feet to a point on said North line; Thence North 90°00 ' 00" West, 216 . 00 feet along said North line to the Point of Beginning. Said described parcel of land contains 10 .441 acres , more or less, including 0 . 776 acres, more or less, reserved for county road right- of-way purposes and is subject to any rights- of-way or other easements as granted or re- served 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 2-1A(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 Mr. and Mrs . Emil Scheel 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, subject to the applicants amending the plat to reflect an additional 30 foot reservation for future highway right-of-way. This should be accomplished prior to recording said Recorded Exemption Plat. BE IT FURTHER RESOLVED by the Board of County Commissioners that the present and future landowners are hereby given notice that the corral and barbed wire fencing are located on a portion of the easement of the North Side Lateral Ditch Company. The Ditch Company shall have access through this easement at all times for the purpose of performing maintenance and repairs on 800627 the ditch. The North Side Lateral Ditch Company may require the landowner to remove said fencing from the Ditch Company easement and replace the fencing on the landowner' s fee land. In the event the North Side Lateral Ditch Company should cause any damage to the fencing as it now exists on the Ditch Company easement, the North Side Lateral Ditch Company shall have no obligation to the landowner for such damages . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (Aye) C. W. Kirby, Chairman G � wc Cu £'. la-a (Aye) eonard L. Roe , Pro-Tem (Aye) Norman Carlson j .o> thivvr�rnti-v (Aye) /Lydia 4iiunbar f� : �t> (Aye) ATTEST:ATTEST: June K. St inmark Weld County Clerk and Recorder / .; n Clerk to the o d • Deputy Count C erk AP VE'D O AS TO FORM: C/ /County Attorney 800627 DATE PRESENTED: OCTOBER 13, 1980 RECORDED EXEN,'TION N° 0801-20-2- RE 460 ,.,;(„,c„Sec eq r.LN.,,eai4i ,00,,vr O,' BEG/NN/N� .t 2663.BL' ti N 96°06'6p'W _ ,goer ;41' ,.-t.^ 916.34' -+; ,vA0 m ht N.e/4.X". { Arad,Cer 8- AO7' a ifrhAc. m R seats Sec 2O .t'y /.. o.77G+AtoPieadA7W` w'M )-ns...c• T4N.,RG4r7*/ eS J _. __. .. s90.00I6o' ¢ 1146.79' �� i ,4/it/ /VE fct N a iDT a A :..._. ...._ a_ I,4 sea*•/"=6�' • -Pin--Jef z. , al --erkkr /sierra/ krk to R 4.t _ . _.- l0 _ !35'. �. I tl : ai .. -5-4.- Cs Ir. kt/ !6 A/'1 /6 - �� srq Oft'Aed7PS_ - - ��.j/ 6�n./f/_ € Zest R h=Scee/ - 17 tea_ 2 '.940 M.'y.F9e -_: `'a '^ ' Cttt/ey, Cc%.e,Dlo S/ 14 ei fr/ s _. 9ii et...r/6G Itears .1D ?9 ,P 64 IV p8 vrei v/rr /07,4,0 800627 s2a,:°/"=Zooa' Preece 6.99,-Teer ny 90077G RECORDED EXEMPTION N° 0801-20-2- RE 460 Legal Description All that part of the W; of Section 20, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado lying North and East of the North side lateral ; also all that p rt of the WANE: of Section 20-6-64 being more particularly described as follows: ors A//Ar, ft....iv '6t/O Beginning at the Northwest corner of the NE: of said Section 20; Thence running East 216 feet along the North boundary line of said NE 4; Thence running:South: 2640 feet; -Thence run-s ning West-235 feet to the west boundary line of said NE;; Thence running North 2640 feet on` the west boundary line of said NE%.to the Point of Beginning, - Also all that part NW4 5E; of"said Section 20-6-64 described as:follows. Beginning at the Northwest-Corner of SE; of said Section 20; Thence-running-South 213 :feet, Thence North- easterly 232 feet;- Thence North -718 feet; Thence West-212 feet to the Point of Beginning. LOT "A" _ A part o€ the NW4 and of the NE; of Section 20, 'Township 6 North, Range' 64 West of the 6th P.M. , Weld County, Colorado being more particularly described as_follows. Beginning at the N4 Corner of said Section 20 and considering the North line-of said - Section -20 as bearing North 90°00'00' -West with all-other bearings contained-herein• relative thereto; Thence North 90°00'OO" West, 910.34 feet along said North-line;-.Thence South 02°50'-00" West, 400.28 feet; Thence South 90°00'DO"--East, 1148.79 feet; Thence -North 00°22'54" -West, 399.80 feet to a point on said North line; Thence 'North 90°00'00" West, 216.00 feet along said North line. to the Point of Beginning Said described parcel of land contains 10.441 acres, more or less, including 0.776 acres, more or -less - reserved for county' road :right-of-way purposes-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 421$7.41,-,�t I herebycertify that thisplat was prepared underei my supervision; ae s correct to the best of my knowledge and belief. r x (Sit bo7 Jas se, Col. - ,. P. & L S `I6. 4392 74.. �'� yea Property Owner's Approve v: tna. �ar:eic �O We, Emil H. Scheel and Zetta R. Scheel , being the sole owners in fee oie d6gy scribed . property do hereby subdivide the same as shown on the attached Vache n+.uu+o By Emil Scheel/Owner By et Scheel/Owner � The foregoing certification was acknowledged before me this---41.61 darof ,A.D. , 1980. Witness my hand and seal. My Commission Expires: 42e1, 0 mss, Innt e � o ss.,..�. N ta Public Commissioner's Certificate The accompanying plat is accepted and approved for i1i `1}�, `7 �kairman, Board 6T, unty Commissioners - -4.. ATTEST: County Clerk - r rani- 'f �ahw-,.• Ltd/.[)a Der-11 County Ckrk - Dated /PAW/9494O ,Freese Cii'yntern9 20077c DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 October 8, 1980 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #460 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Mr. and Mrs. Emil Scheel for a recorded exemption. The par- cel of land on which this request has been made is described as part of the Wz and part of the WI NE1, Section 20, T6N, R64W of the 6th P.M. , Weld County, Colorado. This property is located 3 miles south and 11 mile east of Galeton on the south side of Colorado Highway 392. The property contains approximately 93.4 acres of Class III, IV and VI irrigated soils. The request is to split the property into parcels of 83 acres and 10.441 acres. The applicants have contracted to sell the entire property to Mr. and Mrs. Robert A. Roth. The Roths are relocating to this area from Yuma, Colorado. They have also contracted to purchase an additional 7,000+ acres of cul- tiviated dryland 15 to 30 miles east of the subject property which they plan to operate as a dryland wheat unit. The land described as Lot "A" of the Recorded Exemption includes the building site and the land described as Lot "B" is an irrigated farm. Since the Roths plan to operate a dry- land unit and will not have the farm equipment necessary to operate an irrigated farm they plan to place Lot "B" on the market, retaining Lot "A" as their headquarters unit. 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 request conforms to the intent clause of the Recorded Exemp- tion Procedure (Section 9-2 of the Weld County Subdivision Regula- tions) , the intent clause of the Agricultural Zone District (Section 3.3. A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the uses will be compatible with the surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land uses. There will be no reduction in the amount of land currently being used for agri- cultural production. 800627 Board of County Commissioners October 8, 1980 Page 2 2. This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. The Department of Planning Services recommends that the recorded exemption plat be amended to reflect an additional 30 foot reservation for future highway right-of-way as requested by the Colorado Division of Highways in its letter dated October 3, 1980. This should be accomplished prior to recording the recorded exemption plat. The North Side Lateral Ditch Company has submitted a letter dated October 7, 1980, in which it wishes to put the present and future landowners on notice that the corral and barbed wire fencing are located on a portion of the easement of the North Side Lateral Ditch Company. The Ditch Com- pany shall have access through this easement at all times for the purpose of performing maintenance and repairs on the ditch. The North Side Lateral Ditch Company may require the landowner to remove said fencing from the Ditch Company easement and replace the fencing on the landowner's fee land. In the event the North Side Lateral Ditch Company should cause any damage to the fencing, as it now exists on the Ditch Company easement, the North Side Lateral Ditch Company shall have no obligation to the landowner for such damages. Respectfully, pect r ` lly,I CAP Chuck Cunliffe Assistant Zoning Administrator CC:rg 80062• September 10, 1980 Department of Planning Services 915 10th Street Greeley, CO 80631 To Whom it May Concern : Pursuant to the enclosed request for Recorded Exemp- tion on our Weld County farm as per the Plat and Ap- plication attached hereto, we wish to set forth the following reasons for said request. We are making this request for Recorded Exemption as present fee owners of subject property, however, we have contracted to sell said property to Robert A. Roth and Virginia R. Roth with a projected closing date of January 10, 1981 . The Roths are relocating to this area from Yuma, Colorado and had chosen the Eaton School District for their two high school age sons . They have also contracted to purchase an ad- ditional 7, 000+ acres of cultivated dryland in the proximity of subject property which they plan to operate as a dryland wheat unit. The land described as Lot "A" of the Recorded Exemp- tion includes the building site and the land described as Lot "B" is an irrigated farm. Since the Roths plan to operate a dryland unit and will not have the farm equipment necessary to operate an irrigated farm they plan to place Lot "B" on the market , retaining Lot "A" as their headquarters unit . We respectfully request approval by the Planning Com- mission and the Board of County Commissioners of Weld County of the enclosed Application for Recorded Ex- emption. Sincerely, !e 2 to l Emil H. Scheel Re/l' g,1 etta R. Scheel dt 800627 APPLIuATION FOR RECORDED EXEMPTI(UIV PHONE : 356-4000 Ext. 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE-460 APPL . FEE $85.00 ZONING DISTRICT Agricultural RECORDING FEE $4.00 DATE RECEIPT NO . 11395 F. 238 APPL . CHECKED BY CF{C 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 PLAT ATTACHED HERETO ACREAGE : Lot "A" 10.441 ± ; Lot " B" 83 ± ; Total 93.441 ± 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 No x FEE OWNERS OF PROPERTY : 25540 Hwy. 392 Name : EMIL H. & ZETTA R. SCHEEL Address Greeley, CO 80631 Phone 352-8013 Name : Address Phone Name : Address Phone _ __` WATER SOURCE FOR: Lot "A" North Weld Tap ; Lot " B" North Weld Tap TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Proposed Septic PROPOSED USE FOR : Lot "A" Residential Tract ; Lot " B" Agriculture 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 ) �, � L� Signature : wner or Authorized Agent Subscribed and sworn to before me this //z day of �,„Am., 19'U . SEAL //CIB--/--t---ie-A-- 1/-1 Notary Public 7 CL'r_' �, /9.?/ MyCommission epires : BOARD OF DIRECTORS w ,;m'1" NORTH WELD. COUNTY WATER DISTRICT ERNEST TIGGES 1 ALEX HEIDENREICH Y' HIGHWAY 85 LUCERNE. COLORADO 80646 ROBERT ALKIRE GARY SIMPSON LYLE NELSON, MGR. TOM REED P.O. BOX 56 • PHONE 9889020 September 16 , 1980 RE: Water Service Emil & Zetta Scheel Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property : Sec 20-6-64 Meter # 541 ] . g Water service is presently being provided to the above described property . 2 . Water service can he made eea a l available o the above described property provided 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 yle D . Nelson, Manager LDN/rMc. 800621 ,r. BOARD OF DIRECTORS 7 ,tre^ = NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES ALEX HEIDENREICH ROBERT ALKIRE AM�� o HIGHWAY B5 LUCERNE, COLORADO 80646 GARY SIMPSON �: ' ' LYLE NELSON, MGR. TOM REED P.O, BOX 56 PHONE 356.3020 September 16 , 1980 RE: Water Service Emil & Zetta Scheel Dear Sirs ; This letter is in response to your inquiry regarding water service to the following described property : Sec 20-6-64 Meter # 1254 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 al 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 L e D . Nelson , Manager LDN/rMc -LS C JP : -3 - 2 Pii U1ith. ' C ,ASE NO. RE4tc0 20 - 6 -6,4 53-M-AB 53-B 53-`t D ,83-c 34 53- 87B-B r 34 f_,-/ SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED z\r Vv.) r•rn 53-g 51 it We. . 63-M-op 85 its- -ale- . _bo -et 1,23 We- 1 e.. ..5- ---C- 5a I e. - le, . Soon"i REFERRAL LIST . 0 APPLICANT Emil Scheel O CASE # RE-46O REFERRALS SENT OUT ON: September 26, 1980 to O U REFERRALS TO BE RECEIVED BY: October 1, 1980 C ra U U O W r-+ pt h F. N_ (11 164 t7 O c� 1.4 REFERRALS RECEIVED Y SEP 2 9 1980 County Attorney (Plat only) OCT B 1980 County Health SEP 2 9 1980 County Engineer State Highway Department x - Ca 6 1980 1420 2nd Street Greeley, Colorado 80631 The New Cache La Poudre Irr. Co. Box 356 Greeley, CO 80631 Sent 9/30/80 The North Side Lateral Co. 708 8th Street Greeley, CO 80631 Sent 9/30/80 4„ 800627 mEmoRAnDum WIIDeTo Planning Calndssion Date September 29, 1980 COLORADO From Gilman E. Olson, Utility-Snhdivision Administrator Subject: ' 1 4r hFwl Ramrded Exanotiai As subject property is adjacent to State Highway 392 access to Lot "B" should be referred to the Colorado Impartment of Highways. Since the southwest corner of Lot "A" is so close to Greeley #2 Canal (North Side Lateral) , care should be taken as not to land lock the south portion of Lot "B". Said ditch boundaries and/or right-of-way is not defined on plat. lson Utility-Suhdivision Administrator GEO:sad �p,�2621[ 2 IC /° 9`QI01ElZ0v, ! 860627X ' 1 2 N COLORADO STATE DEPARTMENT OF HIGHWAYS * * DIVISION OF HIGHWAYS Weld County + 84. SH 392 October 3, 1980 Scheel Exemption 62 Mi . E. of Lucerne on S. Side of 392 Mr. Chuck Cunliffe DOH FILE 45100 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the Scheel exemption request, and we ask for your consideration of the following comments. 1 . Projected traffic volumes on State Highway 392 indicate the need for a total of 120 feet of right of way, 60 feet each side of the centerline. We ask that additional right of way to meet this need be protected by reservation or dedica- tion, preferably the latter. 2. There are several existing driveways which provide access to both proposed Lots "A" and "B". No additional access to either of these lots should be antici- pated as a result of County approval of this exemption request. Thank you for the opportunity to review this matter. Very truly yours , DWIGHT M. BOWER DISTRICT ENGINEER --� Albert Chofvacs Assistant District Engineer AC:da cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson via Rames-Finch-Graham w/encl . wow r , A»,.,: ak P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 8006Z' October 7, 1980 Mr. Chuck Cunliff Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Application for Recorded Exemption Mr. & Mrs. Emil H. Scheel Dear Mr. Cunliff: The North Side Lateral Ditch Company wishes to put the land owner on notice that corral fencing and four strand barbed wire fencing is located on a portion of the ease- ment of the North Side Lateral Ditch Company and that said Ditch Company shall have access through this ease- ment at all times for the purpose of performing maintenance and repairs on the ditch. The North Side Lateral Ditch Company may require the land- owner to remove said fencing from the Ditch Company easement and replace the fencing on the landowner's fee land. In the event the North Side Lateral Ditch Company should cause any damage to the fencing as it now exists on the Ditch Company easement, the North Side Lateral Ditch Company shall have no obligation to the landowner for such damages. Sincerely, , 111 -� " Lloyd Myers Director and Superintendent North Side Lateral Ditch Company LM:db � '1 % ,9> IR oC r� wrFi�8° N w 800627 *,;,� J FED CH EC): ::j'__ R : 9%20 4bo =.. . _. ; : \0_71-to ,.,E: Ewe; l S cin.ea_1 REQUEST: l\e [of €geyv o-IOvs — - - LEGAL DESCRI PT] ON 1 LAND USE: N Rg�I. 1Lusa4 - E _ vite `f lct.\}u..ra1 - S Ryt tt� 1.4-LireA1 1F i1/45-tie u- l-ka tri ZONING : N (kJ kts.Ikurai � _- E �� LOCATION: �D � N`lE essk it Luker NQ. 1F Ii COMMENTS: 10 A ft es, Q u c 1A, -*act t k• n war oo KS a. s}u ra. e metand -k&). Yosrdoir ess\ck lomY‘s 1AtS+ -1-o[,Jards -hto_ enc tin#a 4s• Lo 4 3 i�S r r:Q ask e. kiC4S% •Va 1-44Th (s Tr0m �- Wy 3k2 Ai\o L St e4 `pd A Sr A • LO# 1 S has S _tie it I c&v S o ao l e C n 4 -6 w. --cut Mmc4-1n wes r cornet rzteer BY: \ & L �'picker --800627 y e ra /lr t a� \ s4 2 i e , - :r i. t W F o ` J `II li N '$ 4{1) V } 11 F Jt � 1 1 ,.�L.4+1/.F.f �fie� � ` �, �," w =ate f � .T. a Alden - ♦6H6 �. .k II r . ;` / )\ :_.71,1„,:i;,H I Gill 60 � f ru65t7 y, i 1656r� — . i N R � ♦«„g N. I I -.74r7."-4 IV u • 3l 4. \, � SW 4843, ' 1... \, j462 �� �. T Q0062"7 RECORDING DATA - MAPS & PLAT" NAME OF SUBDIVISION Recorded Exemption ##0801-20-2-RE460 _ --- - Emil H & Zetta R Scheel NAME OF SUBDIVIDER 1ff! that part' 6T-me—W2 or-Section 20, fownship 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. V LOCATION OF SUBDIVISION OCT 1 7 1980917RECEPTION M 1839118 DATE OF RECORDING BOOK MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY DEPUTY COUNTY CLF & RECORDER SO0627 Hello