HomeMy WebLinkAbout830884.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 624 - RONALD ORR
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. 624 , being the property of Ronald
Orr, described as Section 5 , Township 9 North, Range 62 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, "sub-
division" 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 described
parcel of land owned by Ronald Orr 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 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 9-2C. (4) of the Weld
County Subdivision Regulations. The plat shall be submitted
within ninety (90) days from the date of approval by the Board.
430884
Page 2
RE: RE #624 - ORR
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
July, A.D. , 1983 .
�.ffn „` �,(,y/► s BOARD OF COUNTY COMMISSIONERS
ATTEST: ,`,^ tun a WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Chuck
Carlson, Chairman
By X O-2n YJ' cz2 \ /,rdi�v i7 / 2)Eli ti
Deputy County Cl rk Jo T. Martin, Pro-Tem
APPROVED AS TO FORM: LA/ e
Gene R. Bran ner
( �C / Li -c--' (,ry/ -a-C EXCUSED
County Attorney Norman Carlson
o-�
( cque 'ne J h son
DAY FILE: July 25 , 1983
830884
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
111C.
COLORADO
July 19, 1983
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption 624
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Ronald Orr for a recorded exemption. The parcel of land on
which this request is being made is described as Section 5, Township 9
North, Range 62 West of the 6th P.M. , Weld County, Colorado.
The property is located nine (9) miles north of Briggsdale on Weld County
Road 77 and Weld County Road 110. The property contains approximately
673.5 acres of Class IVe, Vie and VIIs nonirrigated soils.
The request is to divide the property into parcels of 669 acres and 4 acres,
more or less. It is the intent of the applicant to split off four acres
from this long section to provide a retirement home site.
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 9-2C of the Weld
County Subdivision Regulations submission requirements.
2. The request complies with Section 9-2E. of the Sub-
division Regulations as follows:
830884
Board of County Commissioners
Page 2
July 19, 1983
The 673.5 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.
- 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 requirement for
land division.
- The Colorado Division of Water Resources has indicated, in a
letter dated June 28, 1983, that adequate water service is
available for in-house use only.
- 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 77 and Weld County Road 110.
The Weld County Health Department has indicated, in a letter
dated June 15, 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,
40140.1.2S:
y140 2 '' M qk
Michael S. Mullen
Current Planner
MSM:dg
830884
FIELD CHECK
FILING NUMBER: RE 624 DATE OF INSPECTION: July 7, 1983
NAME: Ronald L. orr
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Section 5, Township 9 North, Range 62 West of the 6th P.M. , Weld County
Former boy's camp, WCR 110, cropland (dryland wheat, tilled,
LAND USE: N havfields)rangeland, high powered transmission line
E Cropland (dryland wheat and tilled)
S Rangeland W Rangeland, Geary Creek, farm residence, Orr residence to Northwest
ZONING: N Agricultural
LOCATION: Nine (9) miles north of Briggsdale; E Agricultural
west of Weld County Road 77 and south of S Agricultural
Weld County Road 110 w Agricultural
COMMENTS:
The subject property is a long section of 673.5 acres. The applicant would like to
build upon an old home site in the southeastern portion of Section 5. The site is
characterized by Geary Creek to the west, cropland to the east and shade trees for the
building site. Private access to the site can be obtained off of Weld County Road 77,
a paved road. The entire area is dominated by rangeland with specific areas devoted
to dryland farming.
BY: Pie.gwes, in
Michael S. Mullen, Current Planner
830884
0 j
' COLORADO DIVISION OF WATER RESOURCES
ro 818 Centennial Bldg., 1313 Sherman St.
; st.cciPrED Denver, Colorado 60203
rf Ni MAILED
FEuuesT STATE OF COLORADO AFFIDAVIT
SS
COUNTY OF
STATEMENT OF BENEFICIAL USE OF GROUND WATER
AMENDMENT OF EXISTING RECORD
f LATE REGISTRATION OF A done-jr,cr
PERMIT NUMBER _- LOCATION OF WELL
rib AFFIANT(S) _ _fi ' �L[ _— county _-- '�'ltti/
! . se mailing
J`7 9 _ � C. /1Y�1)� -, % S. of d,� / -.
grlgi-sc'L e � Co 6-°('a I / - T. p. ✓/---// Rig ---`) /
�K/ f� P r.•.
.•.rig duly sworn upon oath, deposes and says that he (they) is (arc) the owner( s) of the well described hereon, the well is
uted as described above, at distances of 3/ S / feet from the S /
section line and -y 2• 5 feet from the
_ section line, water from this well was first applied to o beneficial use for the purpose(s) described herein on the
/
cl - , 19/1 _- , the maximum sustained pumping rate of the well is ✓-" gallons per minute, the pumping
urn claimed hereby is /� _ _ gallons per minute; the total depth of the well is /5 O feet, the average annual amount
{ .voter to be diverted is / acre-feet, for which claim is hereby made for ‘20/J7Ns, TJ C _
purpose(s), the legal description of the land on which the water from this well is used is
-- / 9 N 4.2„,e 6.7 c-c2 t ��7
.5-2E1/5-IL.5-2E1/5-IL �� of which
_acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in
compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he
(they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge.
(COMP711E REVERSE SIDE OF THIS FORM)
/71/7
Signature( s) _ _
FOR OFFICE USE ONLY
Subscribed and sworn
lc before me on this /7 day of , 19g1.7 —
court case rid _
dee c 5
My Commission expires: /r/T1 p o ua ray 5..
ACCEPTED FOP FILING BY THE STATE ENGIN ER OF COLORADO
PURSUANT.TO THE FOLLOWING CONDITIONS
.. - Hell Use —__— --
•
530884
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 95 -
CASE NO . RE 62L-( RECORDING FEE
ZONING DISTRICT Ay, c 1- .,e RECEIPT NO . 11_16$41
DATE • - r . I'3 / APPL . CHECKED BY
14
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 :
SC( , "qN Rw
TOTAL ACREAGE : 6213 , 6-
Has this property been divided from or had divided from it any
other property since August 30 , 1972? Yes No K
FEE OWNERS OF PROPERTY :
Name : RON4LD L , Cleo
Address :,? 67Q LUCK //G 43,e/l�C.sbALE 60/0, "t.4.>I/ Phone : -3,.6'7
Name :
Address : _ Phone : —
Name :
Address : Phone :
WATER SOURCE : Larger Parcel & // Smaller Parcel e,),/,
TYPE OF SEWER : Larger Parcel _ sccpr, Smaller Parcel c i?T e
PROPOSED USE : Larger Parcel P4srvizc Smaller Parcel REST DENCE
ACREAGE : Larger Parcel a,(oC/ Smaller Parcel ` i
7 Rc: .
EXISTING DWELLINGS : ( Yes or No ) Ado ( Yes or 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 ) /
STATE OF COLORADO )
9 : Own or Aut orized Agent
Subscribed and sworn to before me this day of
193
( SEAL )
-Mary --
My Commission expires Feb. 13, 1985
My Commission expires :
830884 d'
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WALDO AND WALDO
ATTORNEYS AT LAW
P.O.BOX 775
1019 TENTH AVENUE
GREELEY, COLORADO 80632
RALPH E.WALDO.JR. (3031352-4828
ROBERT M.WALDO R.E.WALOO(DECEASED)
June 3, 1983
TO WHOM IT MAY CONCERN:
Ronald L. Orr has contracted to sell to James M. Konig, of
Grover, Colorado, lands in Sections Thirty-one (31) and Thirty-
two (32) , Township Ten (10) , Range Sixty-two (62) , and most of
Section Five (5) in Township Nine (9) , Range Sixty-two (62) and
part of Section Nine (9) , Township Nine (9) , Range Sixty-two (62)
together with all of Section Sixteen (16) , Township Nine (9) North,
Range Sixty-two (62) in Weld County, Colorado.
A part of the contract provides that Ronald Orr shall have
the privilege of buying back from James Konig a tract of four (4)
acres , more or less, in the Southeast Quarter (SEA/4) of Section
Five (5) , as a site for a home for Ronald Orr in the future.
Under the contract, which is dated May 27, 1983, Ronald Orr
has the privilege of leasing the present improvements on said
property for a period of five years. It is my understanding that
Mr. Orr is requesting a recorded exemption of the four-acre tract
at this time while he is still the owner of said Section Five (5) ,
and there is nothing in the contract between Ronald L. Orr and
James M. Konig to prevent Ronald L. Orr from building upon said
four-acre tract providing he can obtain approval for a recorded
exemption from the County Commissioners of Weld County, Colorado.
Yours very truly,
WALT_AND WALDO
Ralph E. Waldo, Jr.
REWJr:co
bi,$)8b4 ,
WALDO AND WALDO
ATTORNEYS AT LAW
P.O.BOX 775
1019 TENTH AVENUE
GREELEY, COLORADO 80632
RALPH E.WALDO,JR. (303)352-4628
ROBERT M.WALDO R.E.WALDO(DECEASED)
June 6, 1983
TO WHOM IT MAY CONCERN:
Mr. Ronald Orr is receiving or withholding from the transfer
four (4) acres of the lands which he is selling to Mr. Konig. In
addition to the four acres of land, he will have an easement from
the County road adjacent thereto to this four-acre parcel for
ingress and egress to the four acres. This is agreed between Mr.
Orr and Mr. Konig and will be a part of the transaction. At this
time, it has not been surveyed as yet. At such time as the con-
veyance is made, the conveyance will include the right-of-way.
Yours very truly,
WALDO )AND WALDO
Ralph E. Waldo, Jr. ,
REWJr:co
1014141
DEpr, OF RAN/VINO- Siz.-gpiceS OF WI--?1- 1) Co .
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rlie PROPDSED PROPERTY WILL RC AeceSSA-,BLE FROM
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830884 v
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RICHARD D. LAMMate� $'I JERIS A. DANIELSON
Governor cn ' State Engineer
742H a\ „f*
*1876*'
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818 ���.1:711:11
Denver, Colorado 802031(303) 866-3581 � ;''�;`?/'..,_.__,June 28, 1983
119 ;3Mr. Rod Allisong Com
Weld County Planning Department missi°q
915 10th Street
Greeley, CO 80631
Re: Orr Exemption, RE-624
Section 5, T9N, R62W
Dear Mr. Allison:
We have reviewed the above referenced proposal to separate four acres
from 669 acres. The applicant seeks a well and would require water for lawn
and garden.
Unfortunately, the only type of well permit we could issue for the four
acres once exempted would be for in-house use only. This would not appear to
be suitable unless all outside water could be supplied from other sources.
Alternatively, the applicant could apply for a domestic well before the exemp-
tion is finalized. In order to do this, it would be necessary to describe at
least 35 acres which would be set aside so that a domestic well permit could
be issued. The contract purchaser of the farmland would have to consent to
this since no additional wells would be available on the 35 acres described.
We cannot recommend approval at this time and we cannot guarantee a
domestic well permit could be issued. We will be happy to review additional
information should it become available.
Sincerely,
Hal D. Simpson, P.E.
Assistant State Engineer
HDS/KCK:ma
cc: Jim Clark, Div. Eng.
Dewayne Schroeder
8o0884
RECORDED EXEM TION N° 0463 5- 4- RE•624
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RECORDED EXE' IPTION N° 046? 5-4- RE•624
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LEGAL DESCRIPTION LOT "A" stl
All that part of the Southeast 3 uartei tSE$)of Section-5, o "9 North,"
Range 62 West of the 6th P.M*, Weld County, Colorado being more particularly y ()Pi
described as follows: �'° 4 g� p' � -°q'0" P., r ^^ r:: _ .
1 *n .tMh214 �5 r3 'aM1 � 23..
Beginning at She Southeast Corner (SE Cot) of said Sectionj and considering the East
Line of said Section 5 as bearing oith X00'00'00"`West sand :with Ill other bearings,
contained herein relative thereto; , , '=`4' u �,; "1 °,, b,
Thence North 88'07'30" West along theSouth 'Line-of said Sec ion 5,' 825.59 feet;
Thence North 23'11'05" West, 258.84 feet to the True Point of Beginning; ``'. -
ThenceSouth 66'50'25" West, 98.38 Test; Thence North 27'29'47" West, 291.52 feet; ,
Thence North 18'22'10" West,',110.97 feet; Thence North 10'53145" East, 174.37 ,feet; .;;
Thence North '02'11'35" East, 501.35 feet; Thence North` 89.50'10" East, 136.89 feet;
Thence South 02'10,47" West, 419.11 feet; Thence South 10°25107" Reef* 585.48 feet
to the True Point.of Beginning. =f
Said described parcel of land contains 3.605 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 partial of land.
SURVEYOR'S CERTIFICATE
I hereby certify that the adjoining map and legal description were prepared under
my personal supervision and that the same is c rest to the bes y know]p�p�,,,
and belief. ''S' ER F•i�
009174174,•,•.S9.%.
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^cC:art0` J EXE" OPTION N° 0463 - 5- 4- RE - 624
LEGAL DESCRIPTION < it,
Section 5, Township 9 North, Range 62 West of the 6th P.M. , Weld County, Colo-
rado, except part of said Section 5, being more particularly described as
follows:
t
Beginning at the Northeast Corner of said Section 5 and considering the East
Line of said Section 5 as bearing South 00°00'00" West with all other bearings
contained herein relative thereto;
Thence South 00°00'00" West, along said East Line, 134.48 feet;
Thence South 89°07'04" West, 1563.35 feet;
Thence South 03°59'47" East, 2726.20 feet;
Thence North 86°41'32" West" 1212.87 feet;
Y Thence:South 00°1954" Vest`" ,50.00 feet; .e - '�
- ` Thence North '87°14'35"" WeOC 413;10 feet; r t y` ' x ,
Thence North 00°08'14" Wes$y 4377.06 feet; ;7,3- 1- > 4
Thence North 28"09'17" ' 1'e# ., 72..58 feet to a ,poin on the North Line of said
» '
- Section 5; .t '`;*"'� ` l
Thence North 88'511,32" Sas along said North Line, 2936.52 feet to the Point of
Beginning containing 85 '3 'Ares more or less. r'
if
Said described parcel 'contains • '' 584 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 adjoining map and legal description were prepared
under my personal supervision and that the same is correct to the best of my
knowledge and belief.
F
JAS R " 'EE
Colo . :d. P.E. & L.S. 3 -, "o
*.w 4392
PROPERTY OWNERS' APPROVAL �: *t°
n: it).
't° .
tit °o..°,gyp
I, Ronald L. Orr, being the sole owner in fee of the above described pi'erp, t
mP0ii.,.,
hereby subdivide the same as shown on the attached map.
Ronald L. Orr a,, t '
The foregoing certification,vas acknowledged before me thisgAida
Witness my hand and eel. . ',`..,;:-',41,2 x '
start .� , �
t � `
My C esion expires: tf:- _ _ .' r• yy�' r
ssio l vg, ;j,,; i, - ! p - > .o-i4 ..� b. ;mow
r 3' Notary Put1Tl � t.^ " , rw
":4k al<y C, ` ,iti 4 q,,-.1.1 • 44*,..: Ai;
COMMISSIONER'S CERTIFICATE ID ,Po- 31
f
The accompanying plat is accepted and approved for filing.
€41, 044404a,
ATTEST: Vlaus 11 4t
CHAIRMAN
C. • Cl k: --NsBoarard of County Commissioners
Bye
Dat d: ,7. 9 Vsi
V n a► -
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930884
.,rise cn9/neenn9 f3-S7 ..c4;s/30/3
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