HomeMy WebLinkAbout830864.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 600 - ROY A. SCHMIDT,
KEVIN SCHMIDT AND DARWIN SCHMIDT
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. 600 , being the property of Roy A.
Schmidt, Kevin Schmidt and Darwin Schmidt, described as part of
the Northwest a, Section 23 , Township 4 North, Range 66 West of
the 6th P.M. , Weld County, Colorado, being more particularly des-
cribed 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 of Weld County, Colorado that the hereinabove des-
cribed parcel of land owned by Roy A. Schmidt, Kevin Schmidt
and Darwin Schmidt 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 applicants submitting a mylar plat to the
Department of Planning Services ' Office to be recorded in the
office of the Clerk and Recorder. The plat shall be submitted
within ninety (90) days from the date of approval by the Board.
3:30 '; ,4
Page 2
RE: RE #600 - SCHMIDT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
April , A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST:
r WELD COUNTY, COLORADO
/-
Weld County Clerk and Recorder
and Clerk to the Board Ch ckck Carlson/ C airman
By: ��7Z2a i"ff:'«2i2.
Deputy County Clerk n T. Martin, Pro-Term
APPROVED AS TO FORM:
Gene R. Brantner
/7
County Attorney Norman Carlson
Ja que\ne oh son
DAY FILE: April 25 , 1983
830864
DEPART MENI OF PLANNING SERVICES
PHONE 1303) 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
April 11, 1983
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #600
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from the Schmidt Brothers for a recorded exemption. The parcel of
land on which this request is being made is described as part of the
Northwest 1/4, Section 23, Township 4 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado.
The property is located .25 miles east of Peckham on Weld County Road 44.
The property contains approximately 119 acres of Class I (prime) and
IIe (prime) irrigated soils.
The request is to divide the property into parcels of 111 acres and 8 acres,
more or less. The smaller parcel has been selected for an agricultural
warehousing/onion processing facility, and is intended to be sold for that
activity.
Based upon the submitted information and policies of the County, the Depart-
ment 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 Sub-
division Regulations as follows:
830864
Board of County Commissioners
Page 2
April 11, 1983
- The 119 acres, more or less, under consideration will allow
agricultural and related uses to be the predominant uses. The
uses will be compatible with existing surrounding agricultural
uses. These facts support the proposal as being consistent with
the intent clause of the Agricultural Zone District.
- The proposal was sent to the City of Gilcrest. As of this
date, no objections have been received from the City of Gilcrest.
- 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.
- Central 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
Roads 44 and 33.
- The Weld County Health Department has indicated, in a letter
dated March 30, 1983, that both lots will have adequate
sewage capacity.
The Department of Planning Services staff' s recommendation for approval is
conditional upon 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 plat shall be drawn in accordance with the requirements of Section 9-2 C. (4)
of the Weld County Subdivision Regulations. The plat shall be submitted within
ninety (90) days from the date of approval by the Board.
Respectfully,
Michael S. Mullen, Current Planner
MSM:dg dg 630864
FIELD CIII.CK
FILING NUMBER: RE-600 _ DATE: OF INSPECTION: April 7, 1983
NAME: Schmidt Brothers
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the NWT, Section 23, T4N, R66W of the 6th P.M.
LAND USE: N Weld County Road 44, residence, fallow land and cropland
E Three residences and cropland
S Cropland
W Weld County Road 33, Mobile home, residence, fallow land and Union Pacific
Railroad
ZONING: N Agricultural
LOCATION: 1/4 mile easfof Peckham; south of E Agricultural
Weld County Road 44; and east of Weld County S Agricultural
Road 33 W Agricultural
COMMENTS:
The Western Mutual Ditch separates the two proposed parcels; Lot "A" contains 111
acres, more or less, and Lot "B" has 8 acres. The site is somewhat flat with a slight
slope to the northeast.
Lot "A" contains the residential headquarters which is located in the southwest
portion of the tract. Improvements include a house, 4 outbuildings, and corrals.
A vacant house is located north of the improvements. Lot "A" has access to Weld
County Road 33, a gravel road.
Lot "B" is the tract of land offered for sale. It has access to Weld County
Road 44, a paved road. Lot "B" is cropland without any residential improvements.
BY:
Michael S . Mullen
MSM:rjg [�
830864
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 qS ��
CASE NO . RE(0OO RECORDING FEE 4• ‘,6
ZONING DISTRIdT � I - RECEIPT NO. i2728 S(A`IS
DATE APPL . CHECKED BY n'IcS V1
en ilaicoq
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 of the NWa of Section 23, Township 4 North, Range 66 West of the 6th P.M. ,*
EXCEPT 1 acre in the NE1/4NW4, EXCEPT UPRR Co. reservation, also EXCEPT reservoir (27A) ;
and Part of the SW4 of Section 23, Township 4 North, Range 66 West of the 6th P.M. ,
beginning at the NW Corner of SW1, thence South 236' , thence East 474' , thence
North 236' , thence West 474' to Point of Beginning, all in Weld County, Colorado.
*lying South and East of UPRR right of way,
TOTAL ACREAGE : 119 ±
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 : ROY A. SCHMIDT
Address : 19256 Weld County Rd. 37, LaSalle, CO 80645 Phone : 284-6436
Name : KEVIN SCHMIDT
Address : 15301 Weld County Rd. 40, Platteville, CO 80651 Phone : 737-2553
Name : DARWIN SCHMIDT
Address : 20430 Weld County Rd. 33, LaSalle, CO 80645 Phone : 737-2364
Proposed
WATER SOURCE : Larger ParcelDomestic Well Smaller Parcel cwcWD Tap
Proposed
TYPE OF SEWER : Larger Parcel Septic Smaller Parcel Septic
Agriculture and
PROPOSED USE : Larger Parcel Agriculture Smaller Parcel Onion ProeessiPg
ACREAGE : Larger Parcel 111 - Smaller Parcel 8 ±
EXISTING DWELLINGS : (Yes or No) Yes (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 cor ect to he best of my
knowledge. ktr--tr 4 r C.4L►h.
COUNTY OF WELD z,t,--
STATE OF COLORADO ) 1 /
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this /i.) ` day of h1 c..4_,
19_Y,3 .
( SEAL )
d yt ;4-4_1
Public /
.?2 /?.?,My Commission expires : -----
830864
February 23, 1983
Mr. Charles Cunliffe
Department of Planning Services
915 10th Street
Greeley, CO 80631
Re: Application for Recorded Exemption
Dear Mr. Cunliffe:
The property described in the attached Application and plat
is located just off U.S. Highway 85 in the Peckham area.
We are requesting a Recorded Exemption on this property so
that we may sell of the parcel of approximately 8 acres in
size. This parcel is difficult to farm with our present
operation as we must transport farming equipment along Weld
County Rd. 33 to a service road along Hwy. 85 and over to
Colorado Hwy. 256 in order to enter the parcel. It is not
possible to cross the ditch in order to reach the smaller
parcel. We have to cross the railroad twice.
The headquarters unit for the larger parcel is the small
acreage in the Southwest Quarter of Section 23. The 1 acre
tract in the extreme NE Corner has been split out many years
ago, but we are not aware of the time frame of that split.
We respectfully request your consideration and approval of
the enclosed Application for Recorded Exemption.
Sincerely,
Aril y C E��_ fir`
Roy A. Schmidt
Kevin Schmidt
•
Darwin Schmidt
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83 0864
LEGAL DESCRIPI IGNNA(c -
CASE NO. kt . c —D` "4—c-'
sfi_ i� 72,
on, j
. 11 30
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SOIL CLASSIFICATION
NEW N0. I IRRIGATED NON - IRRIGATED
WS \a - \\ . s,E
530864
RECORDED EXEMPTION N° 1057 - 23 - 2 - RE • 600
41e,/e: Tie o/iSTancc oAcct. 4.4 G✓ex/ lion,
4/07 corner eS/ai. Aea/fo Goth c/a'C
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7 8 25 830864
/i/l/N/T N7A,°
.fea/�•/ -2000' FREESE ENGINEERING 83-41
RECORDED EXEMPTION N° 105%- 23 2-RE• 600
All of the .-or_. I of the Union , .
cifc
Cection _3, r , .:c t ,, of toe St? ?oa.. :,'.._ .. ...
Part tie n
� ,._ .sort st ,_ic_rter of 'J:e uarter of ... . ., . . .. ,.i or.
Fes 75 feet , ' (-7.ce Sotto_ to the Section _ i ie, lence as.t to _ e S;i _t of
n.
.-a±d .-escr } a nrrcel of land corAns ;ore. Tore or __.,.r, ur.d _.
cr1 ject to any fdAhtc—of-woy or other AaAen.ents ar rectidi.ded rAtrientA
of record or no ex :sti. on said descriled ed reel of ..
:CT "A"
A parcel of land located in the Northwest Suarter of Section P , Township 4 South,
Pangs (6 West of te eth F.P,. , Veld Counts, Colorado being more particularly
descried as follows:
Kerinning at the t ast Corner of said r ortrw st Uddarter and corm_. eri the
North Line tearilin _out.. 90°" ;'0C" :r e.st ti,_ .o all other .ri . _s contained
herein . e,a __ve thereto;
`_;pence _.c'ull 900.(Y91.1';" , oli C,-, f et to the True Point
of e - -___inp
Thence South 00°O9' : ." u.._ , 1L 9. 5f feet :
°C?' ."
Thence South _.9 7r_ -� Uent, feet :
Thence South H°17' -"" ;est . .74. 74 feet ,
Thence South .,°15' .9" Jest , 2^r. 51 feet :
Thence South 70°45'51" est , 4' "' feet :tc a point on the ._st r= ht-of-wc
v
line of the Union Pacific railroad :
Thence North d1°0`•'20" Last, alon„ sa4d _ -of VT.e. Sf feet to a point
on the said North line :
Thence North 90°00'00" East, 1140.5s feet , nlong said North the
True Point of Hecin^_in,e.
Said descried parcel of land contains 7.S44 acres, more or less, and is
subject to any rights-of-way or other easements as recorded } I, iint. .T.ents
of record or as now existing on said descrii ed parcel of land.
hereby cer _ift' that the adjoining map and lega2 descrirtlynprepared
under my personal snpervison and is a true and accurate et n eU-ien 'oi'
existing conditions to the hest of my knowledge. -
,Tas an^ F re;es€.'Colorado P_ & LS _"2
IS PTY D rSc ': APPPCVIYK
We , hoe A. Schmidt, Larwan P. Schmidt, and Kevin -t. Schmidt he; tLLe owners -in
fee of the above described property do hereby subdivided the same as ahotla on
the attached mar.
Roy A . Schmidt Darwin S. schmidt Kevin S idt
::^e forepping certification was acknowledped before me this of 1-,=.
A.D. 1° 3. ;;i _.piss, my hand and seal. _
/Li_(gj )�A/ l ./ i\ "2/✓_
c e i-t 'Tic
Co?..".ISSIO';_,.'S C- 1IFICATE
The accompanyinE plat is accepted and approve approved,4or f ".
/ '• ! e.<1.
County Clerk ` •
itza- }rte L _ ( w- _ cy—Cc_ a l."- •..-¢-
4 8 40864
FREESE ENGINE'tRING 83 -41
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