HomeMy WebLinkAbout800775.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO . 443 - ROBERT ANDERS
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 hearing held
on the 7th day of April, 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. 443, being the property of Robert Anders, described
as Part of the West Half of Section 20 , Township 6 North, Range 64
West of the 6th P.M. , Weld County, Colorado, being more particu-
larly described as follows:
That portion of the West Half of Section 20,
Township 6 North, Range 64 West of the 6th
P.M. , Weld County, Colorado, lying south and
west of the North Side Lateral Ditch or Canal,
EXCEPTING that parcel heretofore conveyed
which is described in warranty deed dated
December 16 , 1968, recorded April 26 , 1971
under Reception No. 1566358 in Book 644 of
the Weld County Records.
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, 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 Robert Anders be, and hereby is exempt
from the definition of the terms "subdivision" and "subdivided
800775
land" pursuant to its authority under Section 30-28-101 (10) (d) ,
CRS 1973, as amended, provided that the access to the property
be built according to the recommendation of Gilman Olson, Utility-
Subdivision Administrator, said recommendation being attached
hereto and incorporated herein by reference, and
BE IT FURTHER RESOLVED that approval of Recorded Exemption
No. 443 is conditional upon the applicant correcting any drainage
problems caused by the development of the property and further
that the applicant will be required to construct ditches, install
culverts, grade the land, or take whatever measures that may be
required to ensure drainage along County Road 51 is not impaired.
The applicant will be required to do this work at his own expense
on his own property or on County right-of-way as may be required.
The applicant will also be required to maintain the improvements
not located on County right-of-way perpetually.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
April, A.D. , 1980.
'' BOARD OF COUNTY COMMISSIONERS
ATTEST: =`. t '" s*" ."" WELD COUNTY, COLORADO
Weld County Clerk nd Recorder /i`7 cly (Aye)
ancy-Ole to the Boa C. W. Kirby, Chairman
BY: �-vt-esyta_ at_ (Aye)
e uty Coun k Leonard L. Roe, Pro-Tem
AP D AS T FORM. L% sio (Aye)
1 it Norman Carlson
C unty Attorney (Aye)
L Dunbar
e)
e K. St inmark
DATE PRESENTED: APRIL 9, 1980
RECORDED EXEMF . ION N° 0801-20-1-1E-443
Rowe'-nosede I ell f g /-/l/Nlry MAP
`shirr/area-as arca,. , + SCl/�•/,•-?�W'
M.Lc.7S44r,a.✓....,,,, y"L' w w i
Gv,/A Assets-at.-. ✓ O•S. .✓l.7e LvY, 1
/fi /7 Cs.C'65 ! /7 6
b• .rc
/9 , Xi
,(es'r9 �'2...„A'
Dr
A6ca 1.we 4 Sec..t0 7(
��
„
a w
( ./�6�35B Co.9d sag
S � ZO h
t
S S5sp DD moo, ,
/� q0 t1.550,11 a ,CDT e '
b ,apt
•P.
% $ � 'D•l D Co/tit I I\
45
t, ( 5.- Rece-ue:r
i4e' aen dies late
% R secedi,) ZN /9 I .e/
% D 0 K 30 29 &,C/'66 Z9 7B
INN nacdeil-
Nit'
4
C VK
On a c y:
y� Roarer S. #4VDFAS
2646 /,Zrr. M4r,*1e-
aaexAcy, C449 013900
6063/
it
. (4
h lid!
ck 4 o
3• 6
o h
3 T.T./Pa-c./ =zit 21-2.;1.-4,c/(±94.- rsesC)secslis
b OA / 41
S An/.des d6!'A.n
�( "eseruo:r
/Or 'S' 233:7t /9c.es
h
Z
4
1/41 ■ - ";.. fl U,rd
S...r(l.:,e wt.:se,.Sol • —,'n cc?
4 / (y
Co.Rd. 'We
Project No. 806135
® � Sheet I of 2
OTTO & CULVER i Professional Corporation LAND SURVEYORS
RECORDED EXEMP I ION N4 0801-20-1- r?E•443
1
Legal Description i,I 0
That portion of the West Half (W') of Section 20, Township 6 North, Range 64 741 i0
West of the 6th P.M. , Weld County, Colorado, lying south and west of the
44
North Side Lateral Ditch or Canal, EXCEPTING that parcel heretofore conveyed I
which is described in warranty deed dated December 16, 1968, recorded April 26,
1971 under Reception No. 1566358 in Book 644 of the Weld County Records.
Surveyor's Certificate
p.man.
p•`` nsh F"Bo',,
I hereby certify that this plat was prepared under my supervise StAt . O,
the same is correct to the best of my knowledge and belief. � .•' EREa,F '!.,
i-� .
J. _p- Freese z .*p
Co •ra. • P.E. & L.S.Ne.4392
....cO t'V
Property Owner's Approval ,
I, Robert S. Anders, being the sole owner in fee of the above described property
do hereby subdivide the same as shown on the attache ap
Robert S. Anders/Owner
The foregoing certification was acknowledged before me this
day of , A.D. , 1980. Witness my hand and seal.
My Commission Expires:
Notary Public
Planning Commission Certificate
The accompanying plat is accepted and approved for filing.
Chairman/Board of County Commissioners
ATTEST: County Clerk
By
Dated
Project No. 806135
® � Sheet 2 of 2
OTTO & CULVER a Professional Capitation LAND SURVEYORS
. 'i ....C
{ '• f elt
mEmoRAnDum t .
hiRe To wall Cntmty Crvm»ssionPrs Date April 4, 1980
COLORADO From ai loran Ol cnn, Utility-subdivision Administrator
Subject:Rnhar+ Anlars Ramrded arntion #0801-20-1-R E 443
After an on-site inspection with Mr. Anders, my recommendation is to deny
any autxss fran weld County Road 51 to Lot "A" and to grant an access to
Lot "B", just south of the Otto and Culver Pin and Cap #4392.
Said access to be used for ingress and egress to both Lot "A" and "B" with a
right-of-way easement fran Lot "B" to Lot "A". The access is to be installed
with a C.M.P. having a minimum length of 20 feet and a minimum diameter of 15
inches. All installation and materials to be furnished by the applicant,
including gravel on the driveway.
Exisitng driveway in the southwest corner of Lot "A" to be abandoned and borrow
pit shaped up to enhance any flow of water from the ptcpused new C.M.P.
I ,
Gilman Olson
Utility-Subdivision Administrator
GO:sad
CC: Planning Carmission
Clerk to the Board
r
w
� 4
ti.
V
'S
Robert Anders Recorded Exemption
The applicant will be required to construct ditches, install culverts,
grade the land, or take whatever measures that may be requited to
ensure drainage along County Road 51 is not inpaited. The applicant
will be requited to do this work at his own eAjense on his own property
or on County Right-of-Way as may be required. He will also be required
to maintain the improvements not located on County Right-of-Way per-
petually.
I
kH
DEPARTMENT OF PLANNING SERVICES
PHONE 130313564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
March 31, 1980
COLORADO ,
Board of County Commissioners
Weld County, Colorado
915 10th St.
Greeley, Colorado
Re: Recorded Exemption #443
Dear Commissioners:
The attached application, plat, and related items are in re-
ference to a request from Robert Anders for a recorded exemp-
tion. The parcel of land on which this request has been made
is described as Pt. of the W1, Section 20, T6N, R64W of the
6th p.m. , Weld County, Colorado. This property is located one
(1) mile North and one and one-half (1 and 1/2) miles West of
Gill, Colorado. The property contains approximately two hundred
and forty one (241) acres of Class I and III irrigated soils.
The request is to split the property into parcels of 5. 284 acres
and 241 acres.
Mr. "Robert Anders desires to sell the 5.284 acre parcel to his
son, Mr. Howard Anders to build a residence to enable his son
to participate in agricultural operations on the parcel; and
to provide better protection of the property.
Based upon the information submitted and the adopted policies
in the County, the Department of Planning Services Staff recom-
mends the request be approved for the following reasons :
1. The proposed request conforms with the intent clause
of the recorded exemption procedure. The intent clause
of the Agricultural Zone District and the Weld County
Comprehensive Plan in that the uses will be compatible
with 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 used for agricultural production.
Board of County Commissioners
March 31, 1980
Page 2
2. The request complies with the provisions of Section
9-4A of the Weld County Subdivision Regulations.
The Department of Planning Services would like to make the
applicant and the Board aware of the comments of the irriga-
tion companies with ditches crossing the property. The ditch
companies request that all ditch rights and easements be honored
and protected so that there will be no interference in the
delivery and flow of irrigation water to the water users.
Additionally, it is the opinion of the Department of Planning
Services Staff that the concerns of the Weld County Engineering
Department could be addressed by special engineered designs
of the road access.
Respectfully,
iCa►'
V ` 0- 1l+r
Vickie Traxler
Ass ' t. Zoning Administrator
VT:rg
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY : y�
CASE NO . 1 APPL . FEE 4155.0b
ZONING DISTRICT cI\ RECORDING FEE 1,
DATE 3 -H - RECE.IPT NO . ttt.5lie \Vb
APPL . CHECKED BY C A 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 :
N.1 of Section 20, Township 6 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado
ACREAGE : Lot "A" 5.284± ; Lot " B" 235.7 f ; Total 241±
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 B? Yes x No
FEE OWNERS OF PROPERTY :
2606 12th Avenue
Name : Robert S. Anders Address Greeley, CO £0631 Phone 352-5738
Name : Address Phone r lj
Name : Address Phone ��,1�
See attached letter)
WATER SOURCE FOR: Lot "A" Water District ; Lot " B" Well & Water District
TYPE OF SEWER FOR: Lot "A" Septic Tank ; Lot " B" Septic Tank
PROPOSED USE FOR: Lot "A" Residence ; 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 )
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this day of--)77, , l9Cy'G' .
SEAL / 99zev-i {& ,
Notary f blic
J
2/�o �� C73
My m fission expires :
4.
March 4, 1980
Weld County
Planning Department
915 10th Street
Greeley, Colorado 80631
Re: Application for Recorded Exemption
Letter of Explanation
Legal Description of Property
NWT of Section 20, Township 6 North, Range 64 West of the 6th p.m. ,
Weld County, Colorado (Said Land of Lot A)
ATTENTION: Ms. Vickie Traxler
Assistant Zoning Administrator
Dear Ms. Traxler:
Said Land of Lot A is at present unfarmable land. For the following reasons we
feel as though this land could be extended to its full potential by converting it
to a residency.
1. We are planning to build a dwelling fcr our place of residence, upon
approval of the Board.
2. Our plans for the pasture portion of Said Land of Lot B is to raise
cattle. Driving to and from Greeley, where our present residency is located,
to attend the cattle would be improbable as the result of rising gas costs and
the time involved.
3. Theft of personal property and stacked hay on the premises have occurred •
in the past. Our living on this land would minimize the threat cf loss by theft. With
our presence at the proposed dwelling we could over-see the family owned property.
For these reasons we ask that you approve our proposal to build a dwelling on
this land.
We appreciate your time and consideration on this matter.
Thank you.
Sincerely,
r ?' /7 .
Robert S. Anders Robert Howard Anders
Owner Purchaser
r al //
ail Lynn A.iCders
Purchaser
Attachment
X
ADDITIONAL INFORMATION
SAID LAND OF LOT B
Existing buildings:
1 Dwelling, occupied.
1 Tenant Dwelling, unoccupied.
1 Tenant Dwelling, unoccupied.
1 Barn
1 set Corrals
1 set of Storage Buildings.
1 Separate Storage Building.
2 Pump Houses.
DITCH COMPANIES
Greeley No. 2
North Side Latera.l Ditch
New Cache I.aPourde Irrigation and Reservoir Company
Main office - 708 8th Street
Greeley, Colorado
RESERVOIR
Cole's Lake Reservoir (Lindies Lake Reservoir)
All rights and ownership of land and water are owned by Robert S. Anders
•
LEGAL DESCRIPfrEwz sat. 20-(P- W
CASE NO. /Pc- VV3
^6�3-s
53M-
3yU'
Io, 44
FS-4
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON- IRRIGATED
3 q-u '� /1O,1 NOEL
53- 13 izzr
s3.4-4a _ 37 s
ss-A 9 Co
a
t(g l a�
T +,ys .� ny /,//i0.
s 1 \ b
5o .J
A � 5
7 rf ' ,a `OB50�
A
54 V
Fi
\•;`"3 " Q4..
.Qr '. vw .. .�_ ' ,-,.. , .:: -.,. c - .�. � �—: � 'e'er
\ 'I
f1 Y 117455<
p a yy
�` Ic R - 1 R' 1
d
� ' 5 k\ III
.,/'
\t .�
{ 1(:
I14.
PP y 1 -
0
lel
tl
I�
t \\
v d . N�t'M
-
wM .... , r AA
V RA
•
�o� 'i 1st. \", ...gyp p { �'
' ,, , r5p L 6 sr
"�� »«+. `�e „�., p�F&�#'t a(Bq;;.. � _ ,,� .�..xt it,,,.,„ .7 aht w, i qr"+^° ty' 'r ' . $'�a
cc ",1 .n,e"k
5.
M ! 1113
Ot.RAC �e 1�
PX��
Vitt
11 4I 1 14 . It ... 1 i
`aas.f �' .. . .. .. .. r .. Y.. 1.
_ ...
1 ".,... .fin yyd�1 .p
pd anv
' '-'c
(( ''''n p
FIELD CHECK
FILING NUMBER: RE 443 DATE OF INSPECTION: 3/11 /80
NAME: Robert Anders
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Pt W1 Section 20, T6N, R64W
LAND USE: N Agriculture
E Agriculture
S Agriculture
19 Agriculture
ZONING: N Agriculture
LOCATION: 1 mile north and 11 E Agriculture
miles west of Gill S Agriculture
�y Agriculture
COMMENTS:
Large parcel appears to be in irrigated agriculture ( corn and hay) . Parcel
also contains large reservoir and several ditches. There are also some structures
(possibly old labor housing) at the south end of the property. There are several
accesses to Weld County Road 51 (gravel surface) . The smaller parcel appears to
be in pasture/natural grasses at the lower end of the parcel. Surrounding
properties are primarily agricultural although there are some smaller residential
parcels to the north along Highway 392
BY: C�.l t r ccX'-.r
REFERRAL LIST
O APPLICANT Robert Anders
H
CASE # RE-443
REFERRALS SENT OUT ON: March 7, 1980
z U REFERRALS TO BE RECEIVED BY: March 28 , 1980
C a". [:7
F 7
U U o
[] H a
h
CP t4 La
o U tz
ti
REFERRALS RECEIVED
13 a ° County Attorney (plat only)
MAR 1 8 1980 County Health
MAR 2G 1980 County Engineer .
X State Engineer
MAR 2 , 1980 Division of Water Resources
Dept. of Natural Resources
1313 Sherman Street
Room 818
Denver, Colorado 80203
MAR 27 198c North Side Lateral Ditch
Jim Muroya
Box 356
Greeley, Colorado 80631
MAR 2 ( 1280 Greeley #2 Ditch
New Cache LaPoudre Irrigation
and Reservoir Company
708 8th Street
Greeley, Colorado 80631
mEmoRAnDum
valeTo Planning Commission Date March 26, 1980
COLORADO From Gilman Olson, Utility/Subdivision Administrator
subject: Robert Anders (Recorded Exemption)
Due to the high water table in this area an access to Lot "A" from
Weld County Road 51 can not be approved. The existing field approach
to Lot "A" and "B" serves the apparent need at this time, but it is
not adequate for a residential approach.
E. ssoon
Utility/Subdivision Administrator
GE0:sad
' r
J .
fl
9
X
•
TELEPHONE GREELEY 352-0222 OFFICES: 708 EIGHTH STREET
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
.,-x
THE CACHE LA POUDRE RESERVOIR COMPANY
P.O. BOX 356 GREELEY, COLORADO 80631
MARCH 26, 1980 � "!n
DEPARTMENT OF PLANNING SERVICES Bra` hi,�;�
915 10th. , St. dc' ` u RECEI
GREELEY, CO 80631 WeiC^_ � '"�
Pkimi Comma sro� �?r,
TO WHOM IT MAY CONCERN: wsi
In referance to your letter of explanation of the APPLICATI7Y&ECORDED EXEMPTION
submitted by owner Robert Anders, CASE No. 0801-20-1-RE 443.
THE NEW CACHE LA POUDRE IRRIGATING COMPANY aka Greeley # 2 and the CACHE LA POUDRE RES-
ERVOIR COMPANY in which some water users who have outlets'tand ditches which are on this land,
are STOCKHOLDERS of these two companies. These stockholders own water rights which this Com-
pany is obligated to deliver when called for. They have legal rights to this water and this
Company would not like to have any problems that the stockholders do not get delivery of their
rightful amount of water.
If this application is granted the water users should be fully protected that they re-
ceive all the water that they own and have a easements and ditches on this property. They
should in no way have any interferance in obtaining their water. Thank you in attending to
these remarks before you do or do not grant this application.
JOHN J. LINDEBURG ; frk-'4, c)(
GENERAL SUPERINTENDENT
P
ROY JOHNSON, PRESIDENT
THE NEW CACHE LA POUDRE IRRIGATING CO.
CACHE LA POUDRE RESERVOIR CO.
X
TELEPHONE GREELEY ',{8x352-0222 OFFICES: 70S EIGHTH STREET
The North Side Lateral Company
xKk;WKxX xrresident — J.B. WELLS
The North Side Extension Ditch Company
FRANK B. DAVIS, President
xxxxx ieggamiumx 1xXXX3NAKX, Superintendent
LLOYD MEYERS
GREELEY, COLORADO
MARCH 26, 1980 ri1 -
DEPARTMENT OF PLANNING SERVICES tt f ,
pr.
915 10th. , St. _" w
J
GREELEY, CO 80631 ' L Vaig Lamsisslo® U3
c
A
TO WHOM IT MAY CONCERN: 'f A ii ^ f
The NORTH SIDE LATERAL CO.opposes the application for recorded exemp-
tion No. 0801-20-1-RE443 submitted by owner ROBERT ANDERS.
The Company has outlet ditches running through the property and this may or might jeop-
ardize the operation of the ditches that exist now that deliver water to some of the STOCK-
HOLDERS. These STOCKHOLDERS have water rights and easements for the ditches and outlets and
wish to protect their rights.
Also it cause problems of water delivery and maintenance of the ditches for the Company
and also to the Water Users who use these ditches.
If the application is granted, the Company would like to be sure that all ditch rights
and easements are honored and protected. also no interferance in the delivery of water and
flow of irrigation water to the water users. Thank you f r yo r attenttion to this matter.
LL D Y RS
SUP INTENDENT
J. B. WELLS
NORTH SIDE LATERAL COMPANY
•
BOARD OF HEALTH
Weld
eld County Health Department David Werking, DDS, Greeley
William Blick, Roggen
1516 HOSPITAL ROAD
Charles W. Judie, MD, MPH Fran Christensen, Eaton
Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., SD, Greeley
Annette M. Lopez, Greeley
(303(353-0540
Herschel Phelps, Jr. MD, Greeley
Kathleen Shaughnessy, PHN, Ault
March 23, 1980 Arthur G. Watson, Platteville
John M. Wheeler, Greeley
TO: Vickie Traxler`^►,,
FROM :John G. Hall '
tit
SUBJECT: RE - Robert Anders
This location may be unsuitable for installation of a conventional
septic system. This is due to high ground water and location
adjacent to a large body of water. However, the exact suitability
of the area cannot be determined until a soil percolation test
is performed.
Hello