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
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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
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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
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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
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