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Home My WebLink About820658.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 578 - THEODORE AND WILMA WACKER 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. 578,. being the property of Theodore and Wilma Wacker, described as Part of the SWa, Section 14, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicants 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the hereinabove described parcel of land owned by Theodore and Wilma Wacker 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) That a 75 foot right-of-way from the centerline of State. Highway 392 be designated and shown on the final plat before recording; and 2) That the smaller parcel (Lot A) be at least 90 feet in width and 484 feet in depth to equal the minimum one acre lot size. 820658 £f .° c Page 2 RE: RECORDED EXEMPTION NO. 578 - WACKER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of November, A.D. , 1982. `TiCcca, /7° "7, n r._ - BOARD OP COUNTY COMMISSIONERS ATTEST: - � a`&41A.Mc ni WELD COUNTY, COLORADO Weld County Clerk and Recorder 2,, ,1/2„A and Clerk to the Board `'\\ J n T. Martin, airman : BY: J tin.,,3 1il., (0C, Deputy County'lerk ChCEk Carlson, Pro-Tem APPkO.VED AS TO FORM: EXCUSED , / 7 Norman Carlson / County Attorney . W. Ki y /,24,6d7ne K. St inmark DATE PRESENTED: November 22, 1982 820658 ` DEPARTMENT OF PLANNING SERVICES PHONE (303) 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 111C. ti COLORADO November 17, 1982 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 Re: Recorded Exemption 578 Dear Commissioners: The attached application and related items are in reference to a request for a recorded exemption from Theodore and Wilma Wacker. The property is described as Part of the Southwest 1/4, Section 14, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. This property is located one and one-half (1-1/2) miles east of Windsor on State Highway 392. The property contains approximately 160 acres, more or less, of Class I, II and III irrigated and Class IV of non-irrigated soils. The request is to split the property into two parcels of 159 acres, more or less, and 1 acre, more or less. The applicant wishes to keep the larger parcel with an existing residence and to sell the smaller parcel where an old labor house is located which is not occupied. They plan to sell the smaller parcel to their daughter for a new residence and to use the old labor house for storage or tear it down. Based upon the information in the adopted 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 9-2C of the Weld County Subdivision Regulations Submission Requirements. 2. The request complies with Section 9-2E of the Subdivision Regulations as follows: The 160 acres, more or less, under consideration will allow agricultural and related uses to be the pre- dominant uses. No reduction of agricultural land use for production will occur. These facts support the proposal as being consistent with the intent clause of the agricultural district. 820658 Board of County Commissioners Page 2 November 17, 1982 - The proposal was reviewed by the Town of Windsor and was found to comply with their Town Comprehensive Plan. - 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 Comprehensive 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 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 State Highway 392. The Department of Planning Services staff's recommendation for approval is conditioned and based upon the following: 1. That a 75 foot right-of-way from the centerline of State Highway 392 be designated and shown on the final plat before recording. 2. That the smaller parcel (Lot A) be at least 90 feet in width and 484 feet in depth to equal the minimum one acre lot size. 1 Re ectfullt 1 Greg O feld, Planner GO:dg 820658 FIELD CHECK FILING NUMBER: RE-978 & zPMH-6Z.3 DAFT OF INSPECTION: Nov. 16, 1982 NAME: Wacker RE & ZPMH ( principal dwelling) REQUEST: LEGAL DESCRIPTION: _Pt. of_the SW gyartPr Ses-14,.T6i1,__67W,_6th P.M. LAND USE: N lrrigai- d farmland_�._____ E pasture S irrigated farmland W rrigated farmland —— ZONING: . N agrie-vltt,ral LOCATION:_ 112 miles Past of wi na cnr Ian_St guts; 392 L___agr i ri,1 fnra 1 agri rn)fural agrirultnra1 _ COMMENTS: The parcel is relativily_flat, irrigated-farmland with-an-old abandoned i,ou5e as the only improvement nn tha parcel-___ _— BY: 820658 GF ` rr-r(- APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT� USE ONLY : APPL . FEE 9.s # 1206 CASE NO . /Zt s 7y RECORDING FEE ZONING DISTRIC((TJJ RECEIPT NO . DATE Sept, Z -l� (Q ��/ /Or/37�L 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 : That part of Southwest Quarter (SW' ) of Section 14 , Township 6 North, Range 67 West, Weld County, Colorado and part of NW's of said Section 14 described on attached Exhibit which is hereby made a part hereof. TOTAL ACREAGE : One Hundred Sixty (160) 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 : THEODORE WACKER and WILMA WACKER Address :10175 Highway 392, Windsor, Colorado 80550 Phone : 686-2353 Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel North Weld Smaller Parcel North Weld septic Tanx and TYPE OF SEWER : Larger Parcel Septic Tank Smaller Parcel leach field �zilt,N4 PROPOSED USE : Larger Parcel Farming Smaller Parcel Residential ACREAGE : Larger Parcel 159 ± Smaller Parcel One acre EXISTING DWELLINGS : (Yes or No ) /ec (6) (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 ) THEODORE WACKER Gtr STATE OF COLORADO ) A S toeAte Owne o tut or Agent WILMA M. WACKER Subs ribed and sworn to before me this day ofJ " , ( SEAL ) No ary Public J'S�j / rleia' My Commissipin expires : p cc** Old labor house is located on this parcel which 820658 not be occupied. is not presently occu ied p and will STATEMENT TO ACCOMPANY APPLICATION FOR RECORDED EXEMPTION The lands described in the Application which this statement supports are agricultural lands . The principal crop on the land is corn which is largely used to feed dairy cattle . The principal course of income is from the milk produced upon the premises. The southwest corner of the farm is the least productive of the subject lands. In the area which is to be severed from the main farm, there is located a labor house which is no longer used. This structure will be used for storage or it will be torn down. The area to be severed will be compatible in use with the surrounding areas. It is intended that the owners of the area to be conveyed will use the property as their home with provision for garden and farm animals . As a matter of fact the applicants expect to convey the smaller area to a daughter, Susan Forsberg. The family ties between the applicants and their daughter are strong. The applicants do not anticipate that the farming nature of the area will change within the foreseeable future. They have no plans to subdivide their farm and they know of no plans by neighbors, including theTown of Windsor . The County Planning Office has advised that the area is not within an "Overlay District" . 820658 APPROXIMATE LOCATION OF • ONE ACRE TRACT FOR RECORDED EXEMPTION That part of SW1 of Section 14, Township 6 North, Range 67 West and part of NWT of Section 14, Township 6 North, Range 67 West. /1 , i .) SW1 Cache La Poud_e tOt B • #2 Ditch • Cie t ,p ( rj/1 I Highway #392 — -- -- T � __ __. _...- ,_ _._ — - 20' Farm Road SUBMITTED WITH APPLICATION FOR RECORDED EXEMPTION OF THEODORE AND WILMA WACKER. PROPERTY WILL BE SURVEYED AND PLATTED ON REQUEST OF PLANNING OFFICE OR COMMISSIONERS. • NOT DRAWN TO SCALE - SCHEMATIC ONLY. 820658 i SS9OZS tto p . fl;cj > . . , . .„4...,,,_,... . .__ , .,:LIP. L r ; S .ev FA,A F 4*-' iw 'y 4 - 'q ew Z 4. • r r . „: . o o it l ;a . PW #4..:... x l TI ps: - i 61°. C. •k"2 ; {fir' - e.+,1 l dye w- v• yy 1 ! r t• Lit • x {j f : ^mot_ r, ` ' : Et \\ • (, t 8 r'x �f t CA.<i x . .tom t \y r S t e I w t ' l J < t, i'a • io, " / ,*-- I 1 *7/ \ 4 -14 ,,�-astir - "Dry . - *le .):i.J./ • ut'i 4;.' 3* 4- •MD T 1 _l f .44 Orra 5 .f-' , r •x d � tt*Y.w '4.. O, n Y .e. co— :.fix Co U. • "n O ' ,y- • •L• - F., IIIrt c. e r ' r / -(. -icc! r / j osier r it, `_ {Y_CONS1up 5'.._. Y :rr. b' x ~ to Sr !; yv . . w"�p,��` w. r... .. ....»:i¢...:+. '�. . t .e eke ' YiIL_ r . LEGAL DESCRIF ;ON s<-134 \ k-1/4,-c1 CASE NO. Rte. S1% Q 344.Ia 32 53 ? 3 4t 0 i..'/ e 438 e 41 r x 41 33 14 24 19 33 24 ' .:'a a ..-. f� �a ''.r � • � 32 is.1?'4 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON — IRRIGATED tc:\ e a4 rvI c_ 4 I �- • 820658 REFERRAL LIST APPLICANT: Theodore and Wilma Wacker CASE NUMBER: RE-578 SENT REFERRALS OUT: Ortnber 15, 1989 REFERRALS TO BE RECEIVED BY November 5, 1982 U) v, z H 0 H FHi `( `a 0 H vi z H w W o wti U zP a ti w u, w v: H a O U O 0. O 80 0 0 Z v a i Wa' z 0 U a z ■ County Attorney (plat only) �( Don Sandoval Town Administrator Weld County Health Department 116 10th Street P.O. Box 627 ■ Engineering Department Windsor, Colorado 80550 County Extension Agent Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 ■ Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 ■ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department XX 1420 2nd Street Greeley, Colorado 80631. ■ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 820658 STATE OF COLORADO DIVISION OF HIGHWAYS ,001 P.O. Box 850 694 Greeley, Colorado 80632-0850 �j (303) 353-1232 � l,9 November 3, 1982 <<a� Weld County SH 392 Wacker Exemption NE of Co. Rd. 21 & SH 392 Mr. Greg Oxenfeld DOH FILE 45100 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Oxenfeld: We have reviewed the Theodore and Wilma Wacker application for a Recorded Exemption, and we have the following comments. 1 . Projected traffic on State Highway 392 indicates the need for a 150-foot total right of way, 75 feet each side of the centerline. The existing width north of the centerline is 40 feet. We ask that an additional 35 feet be provided by reservation or, preferably, dedication as per- mitted by local regulations. 2. Access to the proposed "Lot A" is presently available from State Highway 392 through an existing farm approach. No additional access should be necessary as a result of this exemption. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER ou las Rames District Preconstruction Engineer DDR:da cc: D. M. Bower � c,, 1 l) D. N. Fraser (2) f .f II File: Crier-Jacobson '. 5 19'_2 I w/encl . VI2ld Cu. Planning C0MOSS Ju 820658 , tt l soy, TowilojWI1dsot litillt �,,, c lw P.O. BOX 627 WINDSOR, COLORADO 80550 November 9, 1982 �� c i / 5 ii � ''Mr. Greg Oxenfeld, Planner Department of Planning Services 915 Tenth Street Nl:re—::La- rig Ccmn35;,� Greeley, Colorado 80631 Dear Mr. Oxenfeld: The Windsor Planning Commission, at their regular meeting November 4, 1982, made the following recommendations regarding the recorded exemption requested by Theodore and Wilma Wacker, Case Number RE-578. 1. It was recommended by a unanimous vote that the recorded exemption be approved with the stipulation that the lot be at least 90' wide. 2. It was recommended by a unanimous vote that a mobile home be allowed on the property subject to Weld County regulations and with the stipulation that it be properly anchored, skirted and the area landscaped within a reasonable period of time. If you have any questions, please do not hesitate to call. Sincerely, TOWN OF WINDSOR Jan Lathr p Administrative Assistant JEL/dks 870658 RECORDED EXEMPTION N° 0807 - 14 -3 - RE • 578 Legal Description The SW'-L of Section 14, Township 6 North, Range 67 West of the 6th P.M. and that part of NW',, of said Section 14 Weld County, Colorado beginning at the center of said section; thence N 1°04'E 103' ; thence N 39°31'W, 135.21' ; thence N 50°17 'W, 311 .5' ; thence S 20°26'W, 365 ' ; thence S 89°49'E, 375.5' to beginning (1 .82 A) EXCEPT beginning at the West Quarter Quarter Corner S 0°30'W, 384.3' , N 52°32 'E, 178' ;O d N 32°35 'E, 75 .5 ' N 8°39'E, 214 .4' , N 89°49'W, 210 :3' to beginning (.86 A. ) i`;d( OS t ALSO EXCEPT that part lying South and West of the Cache LaPoudre #2 Ditch (1A) ill/ Legal Description Lot "A" Part of the SW%,; of Section 14, Township 6 North, Range 67 West of the 6th P.M. Weld Co. , Colo. being more particularly described as follows: Beginning at the S1 Cor of said Sec . 14 and considering the South line of said Sec. 14 as bearing N.88°27 '15"E. with all other hearings contained herein relative thereto; Thence N.01°23'55"W. along the East line of said SW1, 100.00 feet to the North R.O.W. line of State Highway 392, said point being the True Point of Beginning; Thence N.01°23'55"W. , 484 .00 feet; Thence 8.88°27 '15W. , 90.00 feet; Thence S.01°23'55"E. , 484.00 feet ; Thence N.88°27'15"E. , 90.00 to the True Point of Beginning. Said described parcel of land contains 1.000 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR' S CERTIFICATE I hereby certify that the adjoin$i_€;. map and legal description were prepared under my personal supervision and is a true,:and -.accurate representation of existing conditions to the best of my knowledge f/.:->PE `LS. 4392 Yropetty O..ner'scppr val a 291 . J.O-- Theodore Wacker Wilma M. Wacker The foregoing certification was acknowledged before me this 13 day of December , A.D. , 1982 . W_t-.ass my hand and seal. My Commission Exnlres: February 14, 1983 Notac 1007 Ninth Ave. , Greeley, CO 80631 Commissioner's_Certificate The Accompanying plat is accepted and approved for filing. 'e �.� '- p.. _ l ! C man, Board of County Commissioners ATTEST: County Clerk l • BY , Date / / 2. • r- S Freese Engineering prof 82-/47 820658 ECO DED EXEIPTION NE 0807 -3 - RE. 578 /t r NH/%/1 acs\ Y%4�o • kr , i I I I N , jLOT B e I /S9 S ycres 3 ; S"V /4 III HA li m I t ,o%n sica�e,4) 9B i Ls439L (fyslc./fm 8Z7%SiH! p 9a 4,0' IV LOT 'A' ' f - o /,ODDt,9erc M c° m N„. 4 54 tia ed- L .0e,...71-610,14,,,v. o p o P Y44 a/'C°/raa�a h ' Rar.fr6J/97iBkG D rc ESM'T —N 9e.e 3lr/C°/ At- /o ar. Rf%. See/4-6.-d7 Cs%gCo'.SPt;/4 s�s2«:/•- 4OD' NDJZ BNavibgs (L6rt.'4 <of:q' r 6 N.,,47/Y- 4re homy,4/'ao v cmy ilear+4-- I ■ .47.4., �eui vy c%sc.i 4.79 any ofia r/.4 re0/ar � pin Se? an aXce/tr.lea-/s9.Cta.< T 10 II Owner: 2 ,i WCR 70 II 12 Wacker, Theodore 8 Wilma M. 15 14 14 13 Rt. I Box 65 N 3 N Windsor , Colo. 80550 cr R.67 W. v 4/r pro cc O U : N. ,`11 CO I— / IIi i1 VICINITY MAP r✓r# , ( 15 ` q I COLO.392 14 13 scale. I"= 2000' -a--- 22 23 -- et y� 23 24 Freese Engineering prof 82-/47 820658 Hello