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
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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
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By: ✓ .✓v✓v..k -)Imo: / A
'Deputy County Clerk J n T. Martin, Pro-Tem
APPROVED AS TO FORM: D � � �
Gene R. Brantner
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//( 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
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REFERRAL LIST
APPLICANT: Emerson Cullison CASE NUMBER: RE 639
SENT REFERRALS OUT: 9-15-83 REFERRALS TO BE RECEIVED BY 10-3-83
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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
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