The URL can be used to link to this page

Browse Search

Home My WebLink About830882.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 622 - MARLIN AND JUDITH FRANK 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. 622 , being the property of Marlin and Judith Frank, described as part of the NW4, Section 13 , Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado being more particularly described in the plat which shall be provided 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, "subdividision" 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 Marlin and Judith Frank 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: That the applicant submit 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of 8 30 88 2 Page 2 RE: RE NO. 622 - MARLIN AND JUDITH FRANK June, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS WELLDDS/ COUNTY, COLORADO Ch ck Carlson, Chairman T_ ?i_z2Zt�/ n T. Martin, Pro-Tem Excused Gene R. Brantner Norman Carlson J cqu ine J h son ATTEST: "n"L Qu WELD COUNTY LERK AND RECORDER AND CLERK TO THE BOARD BY r 1L-i k“ L.L-1- ai De ty County Cleric APPROV AS TO FOR • ( 27 County Attorney DAY FILE: JULY 6 , 1983 830882 )00 at ?4ir DEPARTMENT OF PLANNING SERVICES p A. PHONE(303)3564000 EXT. 400 C 915 10th STREET i,.�. GREELEY,COLORADO 80631 June 24, 1983 3 . COLORADO , n Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #622 Dear Commissioners: The attached application, plat and related items are in reference to a request from Marlin and Judith Frank for a recorded exemption. The parcel of land on which this request is being made is described as part of the NW', Section 13, T4N, R65W of the 6th P.M., Weld County, Colorado. The property is located approximately five (5) miles southeast of La Salle on Weld County Road 47. The property contains approximately 127 acres of Class IIe and IIIe (Prime) , IVe, VIe irrigated soils and IVe and VIe non- irrigated soils. The request is to divide the property into parcels of one (1) acre and 126 acres, more or less. It is the intent of the applicant to provide a building site for a dependable caretaker of this farm. 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 Subdivision Regulations as follows: The 127 acres, more or less, under consideration will allow uses which are consistent with the intent clause of the Agricultural Zone District. The uses will be compatible with existing surrounding uses. Board of County Commissioners June 29, 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 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 Road 47; - The Weld County Health Department has indicated, in a letter dated June 6, 1983, that both lots will have adequate sewage capacity. The Department of Planning Services staff 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, A aidtat-egMichael S. Mullen Current Planner RA:rg 830882 FIELD CHECK FILING NUMBER: RE-622 DATE OF INSPECTION: June 10, 1983 NAME: Marlin and Judith Frank REQUEST: Recorded Exemption on a 127 acre parcel LEGAL DESCRIPTION: part of the NW', Section 13, TIN, R65W of the 6th P.M. , Weld County LAND USE: N Weld County Road 46, 2 residences, cropland and pasture E One residence, pasture, Gilmore Ditch and fallow land S Two residences, pasture, Miller Feedlot, Gilmore Ditch W Weld County Road 47, Pivot Irrigation, fallow land, labor house ZONING: N Agricultural LOCATION: Approximately 5 miles southeast of E Agricultural La Salle; south of Weld County Road 46 and S Agricultural east of Weld County Road 47 W Agricultural COMMENTS: The 127 acre parcel is situated on rolling topography with a westerly slope that has a forty (40) foot drop. This slope is conducive for irrigating a majority of the property from the Gilmore Ditch. The parcel is a mixture of agricultural uses: Cropland, fallow land, hayfields, and pasture. Oil and gas production facilities are located in the northwest corner of this parcel. Weld County Road 46 and 47, both gravel, provide access to the site. Improvements for the farm include a residence, garage, three outbuildings, sheds, silo and corrals. BY: 4CQagQS. M`‘Q6k Michael S. Mullen, Current Planner MSM:rjg 830882 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greelei , Colorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE 0rJ.CD CASE NO . Re co z. _ RECORDING FEE ZONING DISTRICT 1(10/t O. urQQ-- RECEIPT NO . 17...S447 51214E,3 DATE M0 A/11-(40)1L(P) i Qj APPL . CHECKED BY CAC 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 NW of Section 13, Township 4 North, Range 65 West of the 6th P.M., lying North and West of than Gilmore Canal, EXCEPT that parcel of land lying South of a line described in Quit Claim Deed recorded July 30, 1973, in Book 696 as Reception No. 1618260, Weld County Records. TOTAL ACREAGE : 127 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes — No )( FEE OWNERS OF PROPERTY : Name : MARLIN D. FRANK and JUDITH J. FRANK -------- .-- 3S-2 , i3E33S Address : 55 Meadowlark Lane Phone : 353-1487 • Greeley, Colo. 80631 Name : Address : Phone : Name : Address : Phone : Central Weld Central Weld WATER SOURCE : Larger Parcel Water District Smaller Parcel Water District TYPE OF SEWER : Larger Parcel Septic Smaller Parcel Septic PROPOSED USE : Larger Parcel Agriculture _Smaller Parcel Home ACREAGE : Larger Parcel 125 to 126 Ac. Smaller Parcel 1 to 2 Ac. EXISTING DWELLINGS : ( Yes or No ) TES ( 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 ) 41,4e—p---4( STATE OF COLORADO ) /°- S nature : Owner or Authorized Agent Subscr ibt?ri and sworn to before me this Z(p}� day of • ( SEAL ) • At . Notary Pu r �+ n• 1 [ ,I m \r My Commission expires May 27, 198 —1 -- —=' My Commission expires: _____ Weld Co. Rlanning Commissiau 830882 )C WELD COUNTY DEPARTMENT OF PLANNING SERVICES and BOARD OF WELD COUNTY COMMISSIONERS April 1983 The purpose of selling some of our farm land is to provide a home site for the Robert Horstman family. At present , they live in the house on the farm where the main farm buildings are located. Mr. Horstman and his family are responsible for the care of the cow and calf herd located on the property . They also irrigate the crops and maintain the buildings and fences . We do not rent the farm to anyone else. We farm it ourselves and need someone very dependable and responsible so that the livestock and crops can be cared for in a proper manner. I find that my business does not allow me time to accomplish , by myself, all the tasks necessary to make the farming/ranching enterprise a successful endeavor. Therefore I need people like Robert Horstman and his family living on the property . To give you some reasons for the Horstmans wanting this land, let me give you some background information . Robert and his wife Glenda have a large family, They enjoy living in the country and would like to raise their children in a rural atmosphere . The Horstmans are at a point in their lives where they would like to own property. You may wonder why we don ' t sell the Horstmans the existing house? First , the existing house is rather small for a growing family. Second, if the house and buildings were sold, this would 8. 0882 Page 2 decrease the value of the farm and reduce its possibilities for ever being sold as a family farm unit . Third, if at some point in time I would need another person or if Robert and I went our separate ways , then I would have no facility available for the person that would be needed for supervision of the farm/livestock operation . Another question that may arise is why we selected this parti- cular site on the farm? First , this area is probably the least productive of the tillable land. Second, this location is the furthest from the main irrigation canal and is close to the crest of a hill . This would result in a lower water table with less chance of problems with the septic system and water problems in the basement . Third, this site is close enough to the existing farm buildings that a watchful eye could be kept on the livestock. Fourth , this location provides some separation from the existing house to allow for some privacy for both houses. Fifth, the location is also next to the road and water line . In summary , it seems logical that everyone ' s goals can be accomplished by selling the Horstmans one to two acres of land on our farm so they could build a house of their own . They would then own a home in the rural setting they desire . I can then con- tinue to maintain and probably continue to improve the farming and cattle breeding programs we have established. I realize that we have a responsibility to maintain the agriculture function of this 830882 K Page 3 farm. We feel that this function can be maintained or improved if we can keep the Horstmans on the property . Thank you for giving this matter your consideration . Sincerely, cy. /a Marlin Frank, D.V. M. 930992 ;1• , 4 �+ y .. r; ;-$.t 1a Y. tallir Z2 ' F' . .r, ' 'Y wX.. ^ Q ih 5-y, w S �5 w �* L .,/r.;;gt+ `Y e j� ftt. ' .. �"\- r It a ti7M�pilk % : { fi%itk djl bJ ` ?4 "‘ 4..�'fs«.. .> pi^ r u � tt �' d 4. r •k X •�F y qv f r 'r f '44-; y 4. ` 'i «! .'L, Y t t - t. n,� d . [ f w �• ,.,..:.'Att.' of It ;tt 1y(Y:i`L.. • ]F Y i`M. dd�ww r J 'd'.y.,...„,.4.0.,-„,•-t• J •t 'S :M PI Zr 1 iq~' Y x f ;:•‘!,. • r�1 4 .`,` xi r•.: , +.q i � l. i d itk; f ..-44‘. 4� mow," M yyvs . l �¢4� t i .ry , r n+ }fie i -4".• T i"y my } K r 'p "•.d K- C : 0 .:.`1'. .d4 . tE'ai "R4 . • .�_ <.., „C._.�... . P • x tt to t 4 11.41 '`v M 11 ', t` .'f LEGAL DESCRIP- 'ON�1�A l3• c CASE NO. ' (o'aa $04'1', ,i 47 70 52 Ott 4 70 47 w y` %/ • 132 14 7eQm 1 +7t 73 1‘ ,. s. 3•.30 7. 38 , . . 3 44 Ym : 70 I 8 c -r X70 SOIL CLASSIFICATION NEW NO. IRRIGATED NON - IRRIGATED 8:30882 REDO- 1DED EXEMF'1DN ND. 1055-I3-2-RE•622 SHEET 2 OF 2 :r d &V5LD `,C0.RD:. 4G 1 tors .. I 4 IOTA a G. Nell I, t.e v: SEc. /3,T.4 N.,R.G5W. C.) 1 O 3; Oi • 0 . t 0' goo' Goo' 900' /Zoo' � � 3 ^'° WE(D CO RD 44 Scale f 1 • COO' r ') •Gn';ate ris.r M•nc I • . Pins found ta Pins •at LOCATION MAP SCALE' 1 2000' Weld County Road No.4'6 N.%a car. Sec./3 NO cor. Sec. /3, T.4N,R.65W. NE car. Sec. /37 -c\ -- o r fn 30' ki LOT A LOTS t. /.689 Ac. Gross t /22 Acres '- M ° -O./89 Ac. RO.W v b / 500 Ac. Net tii Q al N. 90°0000 E. 26,760' Occ) N 5.00°001007f 275.00' W 3 0 N. 9090000T. ct :32 ICI 49 (0 (.9� 0 1� 2 3 O Pin set on 30' bed \�\ a. O R.o.W. fine iv vi O-yr.) c1� Rec k QS 1pe (� g - . • � h .�S lee Alit Ar E. %4 cor:Sec./3 -- - _ -r---51,1/car. Sec./3 S. * cot Sec./3 SEcor Sec./3 - PROJECT NO. McRAE & SHORT, INC. 1227-8th Aranus Oraslay, Colorado 80631 83/17 830882 RECOL .DED EXEMP' _ ION ND. 1055-I3-2- RE•622 DATE : JULY 8, 1983 SHEET 1 OF 2 1 -CHete OWNERS: MARLIN D. FRANK & JUDITH J. FRANK 55 MEADOWLARK LANE '/d GREELEY, COLORADO 80631 9 LEGAL DESCRIPTION ALL THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6th PRINCIPAL MERIDIAN , LYING NORTH AND WEST OF THE GILMORE CANAL , EXCEPT THAT PARCEL OF LAND LYING SOUTH OF A LINE DESCRIBED IN QUIT CLAIM DEED RECORDED JULY 30, 1973, IN BOOK 696 AS RECEPTION NO. 1618260, WELD COUNTY RECORDS. OWNER ' S CERTIFICATE MARLIN D. FRANK & JUDITH J. FRANK, BEING SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY S BDIVI THE SAME AS SHOWN ON THE ATTACHED MAP. MARLIN D. FRANK ✓ JUDITH JY FRANK NOTARIAL CERTIFICATE STATE OF COLORADO )ss COUNTY OF WELD THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 74 DAY OF +,7 , A.D. , 1983, BY MARLIN D. FRANK AND JUDITH J. FRANK.MY COMMISSION EXPIRES: b4.64 6 /%a6 WITNESS MY HAND AND SEAL : Ctn.-it-4Oi a/4 NOTARY PUBLIC 'Z 1 ;' 9 "re-( SURVEYOR 'S CEPTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON JULY 8 , 1983, UNDER MY SUPERVISION, AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. r . JpiL GERALD B. MCRAE, PROFESSIONAL ENGINEER AND LAND SURVEYOR, COLORADO REG. NO. 6616 :.51 ) S . , 2i •C:71 .,hlq�:.n•,r0" COUNTY COMMISSIONERS' CEPTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. , I - ATTEST: Qc' as ~ nCOUNtX CLERK --. CHP`1PM.AN, BOARD OF COUNTY COMMISSIONERS sr r BY: I lQ � r --s — �Q its DATE: "r. �J 3 ' / ��tt';•• r 830882 pRoaci McRAE & SHORT, INC. 1227 - 8th Avnu• Greeley, Colorado 80831 63///717 NO Hello