Loading...
HomeMy WebLinkAbout830900.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 639 - EMERSON CULLISON 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 at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 639 , being the property of Emerson Cullison, described as part of the SE4, Section 29 , Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, be- ing more particularly described in the plat which shall be pro- vided by the applicant and known as Exhibit "A" , said plat to be recorded, 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, this request is to divide the property into parcels of 79 acres and one acre, more or less, for construction of a residence. 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 Emerson Cullison be, and hereby is , exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) the applicant shall submit a mylar plat to the Department of Planning Services Office to be recorded in the office of the Clerk and Recorder. The final mylar plat shall be corrected to show a seventy-five (75) foot reservation west of the centerline of Colorado State Highway 257 , prior to recording; and 2) the final plat shall be submitted within ninety (90) days from the date of approval by the Board. LD: ZON RE #639 ti.3o9oU Page 2 RE : RE #639 - EMERSON CULLISON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ATTEST:•., V� �` WELD COUNTY, COLORADO it a Weld County Clerk and Recorder and Clerk to the Board Ch c Carlson, hairman n By: ✓ .✓v✓v..k -)Imo: / A 'Deputy County Clerk J n T. Martin, Pro-Tem APPROVED AS TO FORM: D � � � Gene R. Brantner _pn //( Cou y Attorn Norman Carlson �acqu . ne Jojson DAY FILE : October 17 , 1983 8 40900 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 1983 October 12,. COLORADO AL ' l Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #RE-639 Dear Commissioners: The attached application, plat and related items are in reference to a request from Emerson Cullison for a recorded exemption. The parcel of land on which this request is being made is described as part of the SE', Section 29, T7N, R67W of the 6th P.M. , Weld County, Colorado. The property is located approximately 3 1/8 miles north of the town of Windsor on Weld County Road 76 and Highway 257. The property contains approximately 35 acres of Class lie (prime)and VIw and IVs irrigated soils and 38 acres nonirrigated soils. The request is to divide the property into parcels of 79 acres and one acre, more or less. The purpose of the application is to provide a one acre tract for the daughter of the applicant upon which she intends to build her home. Lot "B" will continue to be in agricultural production. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2 C. of the Weld County Subdivision Regulations submission requirements. 2. The request complies with Section 9-2 E. of the Subdivi- sion Regulations as follows: - The 8O acres, more or less, under consideration will be compatible with the existing surrounding land uses. The proposal is consistant with the intent of the Agricultural Zone District; 820900 Board of County Commissioners October 12, 1983 Page 2 - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehen- sive Plan. Therefore, the proposed use is consistent with efficient and orderly development; - The proposal does not exist in an overlay district area; - The proposed lots meet minimum lot size requirements for land division; - The North Weld County Water District has indicated adequate water service is available for this proposal; - The proposed lots are not part of a recorded exemption within the last five (5) years; - The two lots proposed will have adequate access from Weld County Road 76. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant submitting a mylar plat to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The final mylar plat shall be corrected to show a seventy-five (75) foot reservation west of the centerline of Colorado State Highway 257, prior to recording. 2. The final plat shall be submitted within ninety (90) days from the date of approval by the Board. Respectfully, James R. Mayerl Current Planner JRM:rjg 830900 FIELD CHECK FILING NUMBER: RE-639 DATE OF INSPECTION: September 23, 1983 NAME: Emerson Cullison REQUEST: Rerorded Exemption LEGAL DESCRIPTION: Part of the SE', Section 29, T7NR67W of the 6th P.M. , Weld County LAND USE: N Crop production, corrals for sheep and a residence E Crop production (sugar beets) and two residences S Crop proudction and Marsh area W Pasture and Northwest Estates ZONING: N Agricultural LOCATION: Approximately 3 1/8 miles north of E Agricultural the town of Windsor: north of Weld County Road S Agricultural 7h and west of Highway 257 W Agricultural COMMENTS: The subject site is currently in agricultural production and pasture. Access is from Weld County Road 76. a gravel road. Larimer and Weld Canal form the northern hnundry of the site. There is a small lake in the center of site on the southern edge. There are no improvements on the site. BY: 7 �f77,77a� s'R. a e lCur enn anner JRM:rj g 830900 LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY,COLORADO 80631 S.ROBERT HOUTCHENS RODGER I.HOUTCHENS O TELEPHONE(AREA CODE 3031 JOHN B.HOUTCHENS September 2 , 1983 GREELEY 353-9195 JERRY C.DANIEL METRO DENVER 571-0052 KIM ROBERT HOUTCHENS THOMAS A.HOUTCHENS Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Gentlemen: This letter is submitted with the Application of Emerson G. Cullison and Mae Cullison for a Recorded Exemption involving all that part of the SE3 of Section 29 , Township 7 North, Range 67 West of the 6th P.M. lying below the right of way of the Larimer and Weld Irrigation Company Canal , in Weld County, Colorado, described in the plat of the survey attached to the application. The purpose for making the application is to provide a 1. 012 acre tract for the daughter of the applicants and fee owners of the property, Connie Jean Harding, upon which she intends to build her home. The proposal for the Recorded Exemption is consistent with the Weld County Comprehensive Plan and the district in which the use is located. The uses which would be permitted by granting the Recorded Exemption will be compatible with the existing surrounding land uses. The uses which would be permitted by granting the application will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County. The proposal will not be inconsistent with efficient and orderly development of the land since the parcel abuts a county road and any future development of the property for resi- dential purposes would fit in with the construction of a home on the parcel described as Lot A. Copy of the deed by which the present owners acquired the property is attached hereto. The property is not located in a flood plain. We tender herewith a check for the application fee in the amount of $95 . 00 and a check in the amount of $6 . 00 to cover recording fees . Very truly yours , BH/w Barnard Houtchens Attorney for Emerson G. Cullison and Mae Cullison eLf0900 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : o APPL . FEE cNa._ CASE NO . R. E. 431 RECORDING FEE ZONING DISTRICT RECEIPT NO . 13C Q' S12' DATE � APPL . 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 : All that part of the SE} of Section 29, Township 7 North, Range 67 West of the 6th P.M. lying below the right of way of the Lorimer and Weld Irrigation Company Canal. TOTAL ACREAGE : 80.012 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X FEE OWNERS OF PROPERTY : Name : EMERSON G. CULLISON AND MAR CULLISON, Applicants Address : 608 35th Avenue Court Greeley, CO 80634 Phone : 353-4251 Name : EVERSON G. CULLISON AND MAE CULLISON, Fee owners Address : 608 35th Avenue Court, Greeley, CO 80634 Phone :353-4251 Name : Address : _ Phone : North Weld County -~ North Weld County WATER SOURCE : Larger ParcelWater District Smaller Parcel Water District TYPE OF SEWER : Larger Parcel septic tank Smaller Parcel septic tank construction of PROPOSED USE : Larger Parcel Past Smaller Parcel a hone ACREAGE : Larger Parcel 79 — ___Smaller Parcel 1.012 EXISTING DWELLINGS : ( Yes or No ) no ( Yes or No ) no 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 " t STATE OF COLORADO ) Signature : Owner or Authorized Agent Subscribed and sworn to before me this 2nd day of September 19 83 • ---- ( SEAL ) l : Notary Pub] ic/ ;? --_..._. Address: 1007 9th Avenue, Greeley, OD 30631 October l 19$5 _ _ My Commission expires : 830900 '- -d y iw t. i. I i' 1 ��1 ���cl,. wiz �� " ',II Ist a 0. i -' I . p .' f i e I. t f . I r.; i. .. i k > ' lati#7. r 1 ., ,r,.;., , 4 4. ,I, l+ _ fr.' Ik, 'a f ..� 6 f":. s t° II • mro r- ra t�1 L b ! l d 'A yi R P -V ( �� 4 y 1k N. Nf• ',. , . ,i 1 a •id '-(i 4 c.3 % 9 ia, , --,s, • •` S '' r •f _•.. I .t 7" t ;�1a v ••.,�" ��q ,y d .'00"'4`' i Lis, 1 „ti?i t' i i'�` !j _ac�a•33 t I j ,:'',,,., 1' : ii si .L. ' ,,i,____ :,r, ttt } NN t N 3 �, l s. .'14:, T= • / 7 it , P ' .I 1 ca,. f..... 1., , ;J.. . , I r Lfa ` m .mow._ II 4 ':`_ - � ,. �• ��i 3 REFERRAL LIST APPLICANT: Emerson Cullison CASE NUMBER: RE 639 SENT REFERRALS OUT: 9-15-83 REFERRALS TO BE RECEIVED BY 10-3-83 m Cl) zz Cl) o m o H 4 tn H < m U U z O U 02 O h W Ill �; W 5 fz O U O CCr' 0 U O % W U W U z cn a z z Wa' z n County Attorney (plat only) Lyle Nelson North Weld Water District Weld County Health Department P.O. Box 56 33247 Highway 85 Engineering Department Lucerne, CO 80646 County Extension Agent Larimer-Weld Irrigation Co. Colorado Geological Survey Attn: Tom Nix _ 1313 Sherman Street Box 206 Room 703 Eaton, CO 80615 Denver, Colorado 80203 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department X 711420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 810900 STATE OF COLORADO DIVISION OF HIGHWAYS ee OP P.O. Box 850 T o4 Greeley, Colorado 80632-0850 (303) 353-1232 September 29, 1983 Ta Weld County SH 257 Cullison Exemp. 4 Mi . N. of 392 on W. Side of 257 DOH FILE 45100 Mr. James R. Mayerl Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Mayerl : We have reviewed the Emerson Cullison exemption request and ask for your consideration of the following comments. Projected traffic on State Highway 257 indicates the need for a 150- foot total right of way, 75 feet each side of the highway centerline. Since there is only 50 feet existing west of the centerline, we ask that an addi- tional 25 feet be protected by setback, reservation or, preferably, dedica- tion as permitted by local regulations. Thank you for the opportunity to review this exemption. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER ouglas ames District Preconstruction Engineer DDR:da cc: A. Chotvacs D. Yost Area Foreman n. , ` File: Crier-Jacobson ' w/encl . I l (? (J'I L 1JJJ Weld Co. ?lawn Lamar: 830900 Hello