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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' ((La__ ect c t-4 di C is ` ei l �... zeta u, it2eze ;& p -7-c-Z1 a-t-ci_ d..< _- _..e,42-d- , c I a jefic...t. %.; 4 7/ //4``c Z ( 0 Chi 1 Et s z,t A4, /ee _ � ��GL �G�C�-�(�iI_� i .,,eR�2,2* 2 -t Z� ' 12 � �-ceL L 2 7_71-fi-ile 'L- )42',C./ / 7 -- Aid t • ' i _ - / - p. 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 . (4) lO (3E USED /ISt/bo+LDING 5,+c FCR OF- ryEA0 QUART ERS 03) RCail -ST *H.4T I,,N//IS T 4CRE T/40r /JE- ()CEP As Rev/ r2EMeMMr ARADQuARTsRS !'some / C-ARDEN , G-ANDSCA9INO , AND t, i'PORTIVE /3u, bov (e) ii-oRE UgsS -174Te/v c . To LeMA//✓ f+S "f1 � ,4SDVE7 AND 7T7-0 MA/N TA/A/ A SepAnre RESIDENCE Po FL f�l� J y PERSONAL USG AS i / I// M 6 QOARTERS (0) NOSE : /Vo Fc-oto PhA/N G°eoi_nN/G /,InARD PRo,azEM. (E) -rife SHALLER tor iNILL BE 4PPROYM/ATELY i/ ,4e R -es, (F (9) Does 4/or fJPPL Y rlie PROPDSED PROPERTY WILL RC AeceSSA-,BLE FROM wL l— D 7 7 , A PRIv/4t ROAD WILL LEAD 7 T e Hov≤E ( ( ) PRoPO-S/N0 4 (WELL ( J) Sept/c (k) rT�HE PRopoSED (DROP& RT�f ,jS Nor /- PARt OF A ICECOR De ExEAl PT /o/s/ APPROVED w ITH IN LESS THAN 5 yEA,es Does No-r- ,4ppLY 53084 ,x,-___-,)-(-- - ' ,i �\ �kv N n '\ e_) c.. R 101/ Sli 11 ,,,,, s.. a t 10 — ' x x , y X, I ' 0q • t\ 3 SEC: . 5 ('07.3 sac N A g � 0 -- e 5 9 1 ,�� k prvpos-ED `7 Ac I' f`_. (.,, (i,� i K ,,,•„.. 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T it TWs •at aM• ,r,y+'*+' f • y {y' w ..4, w7,ry "4,44•4 �' o.yc fs >571 d t• .4, �. it +£wtle. � xi '1at y 'Mtfir AY �' th• 4«w to..14+"". *x� n i Yt.t' ' x p},}, y i,Yt 11 14 4 .�y• 4Y.. - J 7 ~•.. t'.-1 I 1'.ty'Ff S.a` T i x b [ } .. ..r'•" rrY aY` Y v� .r 'C"x__._A _ .•"'�aC'- .xT"" ,„ ;m:eaY! ,a "' it a.+wx.: ' 14;..44--# *lank•sl+, a *.r''yr• .»ti;C- . .. , s ' .W�.f • . a IA _ LEGAL DESCRIPTCASE NO.NO. ` -(oCalk- 45 4 4 45 45 . 5 4s 29 O A r \29 4 9\ 4 20 SOIL CLASSIFICATION NEW NO. IRRIGATED NON — IRRIGATED _±21J`(�c1E 4c `NL e_ s 830884 v of Coto 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 /b/ o," a ,i»lns nI gra, � S377.3/' (5-9-62 /✓9B`S/'S2''s•. wrR//o \ 1. t� 293G.52' /34:48' a Coa I Sec S-9-lo2 /yes°09'/7'is! ,s.sB9'o7'o4r✓ /6-63.33"' 472.58' .4- .70' N 3 ro k N in N 8.5' 3 t///C . `EtXC 6PT/ON) o kii to V H Q ooN. V 41 t 4-66'4/re'%✓. /2/P.67' .✓87°/1�'w--L. A/87°./1 /P3./O' nee- i\ LOT 13 585 t ACtES 0 .GtArQs N - - BASED °t1 At6ESSOR5 L& % PPs/ Z1TJTAL ACREAGE OF “04- ACRES. sd CAI!Cor it II1 d3 sccs-9-1o2 fK S--.9-42 9/ dx 77,40/1" W! //O ri E IY ri OW/YER 3 RO/YALD L. ORM to ¢ I saa79 leCM //O \'" , �G`4�� /42 T '8 ' nM �IGGSDALE, CO. SO // ~ La7 7- i l:" {veYN/TY MAP /EZ000' J ` 87.0991. w/R/nB 6 C esr en eer r/g 83-.57 sAme//or'S RECORDED EXE' IPTION N° 046? 5-4- RE•624 4/.679`Soyo6" ' /2.0.89' 41 �s s9'e s.oe'/o 47 rie i9.//' Noe 0./,"gg 'E no%3S' --.fD /71..1,7' laT jq '; 601114d. 8 s/aPs'L7tc- strt' �✓iB p2'io'.r //0.97' e3 eV 27 09'47-Ar \ 29/.SP' xtk 04.1.4 AtIeV • - /fir crf /� 7i+4'R/w/ LL q ate/ Se 98.38" Vc= W o` .mom e.RD. I OQJ .✓catty'fro v. ad moan Aun per ESMT. —�/ its $9' 8eyenny 5 Co/`sec- Se se l S�Cer Lor A ' . X80 9.03'moo / i^/c is 4392 access esm'/ Sew S-9_,62 /t' //do/ grk9 LEGAL DESCRIPTION LOT "A" stl All that part of the Southeast 3 uartei tSE$)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.%. 6 JAS E el:. Colo. & L.S. 4392 . ;m g :w 4 3 2 ;`'Al e F - JlYib`A- •. .0654 • 2r ece G"n9:neasr"9 63-a9 s hen,2 o/'3 ^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► - r , • 930884 .,rise cn9/neenn9 f3-S7 ..c4;s/30/3 Hello