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Home My WebLink About800629.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 462 - ROBERT AND JUANITA WARINNER. 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 of Weld County, Colorado, at a public meeting held on the 5th day of November, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 462, being the property of Robert and Juanita Warinner, described as part of the Northeast Quarter of Section 35, Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows , 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 : Lot A That part of the Northeast one-quarter of Section 35, Township 1 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the Northeast corner said Section 35; thence S00°00 ' 00"W on an assumed bearing along the East line said Northeast one-quarter a distance of 573. 54 feet to the true point of beginning; thence N89°31 ' 50"W, a distance of 280 .00 feet to a point; thence S00°00 ' 00"W, a distance of 778 . 00 feet; thence S89 °31 ' 50"E, 280 . 00 feet to a point on the East line said Northeast one-quarter; thence N00°00 ' 00"E, a distance of 778 . 00 feet to the true point of beginning. Subject to R.O.W. for county road No. 47. Contains 5 .0 Acres more or less including county road R.O.W. Lot B That part of the Northeast one-quarter of Section 35, Township 1 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning at the Northeast corner said Section 35; thence S00°00 ' 00"W on an assumed bearing along the East line said Northeast one-quarter 800629 i a distance of 573 . 54 feet; thence N89°31 ' 50"W, a distance of 280 . 00 feet to a point; thence S00°00 ' 00"W, a distance of 778 . 00 feet; thence S89°31 ' 50"E, 280 . 00 feet to a point on the East line said Northeast one-quarter; thence S00°00 ' 00"W, a distance of 50 . 00 feet; thence N89°31 ' 50"W, 2649 . 35 feet to a point on the West line said Northeast one-quarter; thence N00°05 ' 10"W, 1408 . 60 feet to the Northwest corner said Northeast one-quarter; thence S89°31 ' 50"E, 2651.40 feet to the point of beginning. Subject to R.O.W. for county road No. 47 and county road No. 4 . Contains 80 . 5 Acres more or less including county road R.O.W. No. 47 and No. 4 . WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-1A(3) of the Weld County Subdivision Regulations. 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 Robert and Juanita Warinner be, and hereby is , exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: ?� r .„, WELD COUNTY, COLORADO � �aa � � >� , p Weld County Clerk and RecorderJf/ cl (Aye) and Cler to the Board C . W. Kirby, /Chairman By: ,GT .! a'tV2:, ABSENT DATE L. �� DATEPRESENTED (Aye) SE Deputy County Clerk L nard Pr o-Tem APPROVED �S T.Q FORS: (Aye) 777 Norman Carlson County Attor ey (Aye) y un ar /4/7 (Aye) une K. teinmark 800629 DATE PRESENTED : NOVEMBER 12 , 1980 DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Illik November 5, 1980 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #462 Dear Commissioners: The attached application, plat and related items are in reference to a request from Robert and Juanita Warinner for a recorded exemption. The parcel of land on which this request has been made is described as part of the NE1, Section 35, T1N, R65W of the 6th P.M. , Weld County, Colorado. This property is located 31 miles south and 1 mile east of Hudson. The property contains approximately 85 acres of Class II, III, and IV irrigated soils. The request is to split the property into parcels of 5 acres and 80 acres. At the present time, the applicants have a contract for the house and five acres, with closing contingent upon the approval of the requested exemption. They have attempted to sell the property as one parcel for the past two years, without success. They have indicated the the reason they must sell and relocate is due to personal family reasons which were not explained in the submitted application materials. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons: 1. The proposed split conforms with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the Agricultural Zone District (Section 3.3. A of the Weld County Zoning Resolution, and the Weld County Comprehensive Plan in that the uses will be compatible with surrounding agricultural uses. The request will allow agriculture and related uses to be the predominant land uses. There will be no reduction in the amount of land currently being used for agricultural production at the present time. The proposed five acre parcel of which the existing improvements are located is not in agricultural production. 80O629 Board of County Commissioners November 5, 1980 Page 2 2. The request complies with the provisions of Section 9-4 A of the Weld County Subdivision Regulations. The Department of Planning Services staff has concerns regarding the recom- mendation for approval in that the approval of the recorded exemtpion pro- vides for the potential for a second residence on the 80 acre parcel. The issue of two residences on 85 acres should be considered because of the greater demand which is placed on services which residential uses require. The staff recommends that the Board consider this issue to its satisfaction before approving this request. Respe tfully, vcsit... ciAns4.....kita Chuck Cunliffe CC:rg 800624 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . REa4cOt APPL . FEE 4k , Q ZONING DISTRICT Olania0AmrolA RECORDING FEE 4.p4, DATE 10/01/60 RECEIPT NO . APPL . CHECKED BY Cato 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 : IVE 4 Sec sao fl 112.65 W ACREAGE : Lot "A" S ; Lot " B" ( ej ; Total �S� Has this property been divided from or had divided from it any other property since August 30, 1972? Yes V No Are there any existing improvements on Lot A? Yes ,X "No x is Lot B? Yes o FEE OWNERS OF PROPERTY : f/i112≤ �� eccc — Name : 6`s<r% .P/.</,+f.7C Address ` ' �/ vt3G >/C Name : _Twinnir1 N" LG-A/c/,vvcilAddress / p ' Phone c� Name : Address Phone WATER SOURCE FOR : Lot "A" lb'�L.-I,L ; Lot "B" Lj /I-I /- TYPE OF SEWER FOR : Lot "A" ,5"-2,117-7C.-- ; Lot " B" ..5142-P72 PROPOSED USE FOR : Lot "A" /7/12'72: - ; Lot " B" /—,J7/z"/fj/(/�' 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 ) '2 STATE OF COLORADO ) Gl ✓�'r -i-iytoed-d2„,. Signatu e : Owner or Authorized Agent Subscribed and sworn to before me this 'l day of ( '/el- , 19fO . SEAL � � ) 0 Notary Public Mycd mmission expires : 800639 RECORDED EXEMPTION NO. I473 -35-I-RE462 v��° LEGAL DESCRIPTION: Lot A ,o� That part of the Northeast one-quarter of Section 35, Township 1 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northeast corner said Section 35; thence 500°00'00"W on an assumed bearing along the East line said Northeast one-quarter a distance of 573.54 feet to the true point of beginning; thence N89°31'50"W, a distance of 280.00 feet to a point. thence ' S00°00'OO"W, a distance of 778.00 feet; thence 589°31'50"E, 280.00 feet to a point on the East line said Northeast one-quarter; thence NOO°00'00"E, a distance of 778.00 feet to the true point of beginning. Subject to R.O.W. for county road No. 47. Contains 5.0 Acres more or less including county road R.O.W _ f LEGAL;`DESCRIPTION: - Lot B - That part of the Northeast one-quarter -of Section 35, Township 1 North, Range 65 West of the 6th:::Principal Meridian, Weld County, Colorado, described as: Beginning at the Northeast corner said Section-35; thence:SOO°00'00"W'on an assumed bearing..along' - the East tins said Northeast one-quarter a distance of 573.54 feet; thanes-:N89°11450"W, a distance of 280.00 feet to a point; thence 500°00'00"W, a distance of 778.00 feet;- - --__ - - thence 689°°31'SO"E, 280.00 feet to a point on the East line said Northeast ono-quarter; thence 500 -0Of00"W, a distance of 50.00 feet; thence N89°31'50"W, 2649.35 feet to a .. point on the West line said Northeast one-quarter; thence NOO°05'10"W, 1408.60 feet to the Northwest corner said Northeast one-quarter; thence S89°31'50"E, 2651.40 feet 14 the point of beginning. Subject. to LOAN. for county road No. 47 and county road No 4 Coateins 80:5 Aeres more or lass including county road R.O.W. No. 47 and:No _4 We, Robert -G.-:Warinner and Juanita M. Warinner,' the sole owners in fee of the above- -- described property, do hereby divide the same as shown on the attached eaap, Al el,. al/ismemsea Robert G. Warinner Juanita M. Warinner The fore Ding certification was acknowledged before me this day of % 9.-./ , A.D. 19 . ' . My Commission Expires :if....._,__ : _- X 4 ') • l rre--4rE.4.4L Notary Public : , k Witness my Hand erk �. :f._ _.._._..�-s. t I hereby certify that this plat was prepared under my supervision and tsiCtltssai = s!7 is correct to the best of knowledge and belief. , ;w y�re:er. .- .-: Edward Lind, Jr. Reg. P.S. S L.S. No. 2730 The accompanying plat is accepted and approved for filing. = t n! �.if� '7 a 1 ? w_ . (J Chairman of the Baord of County Commissioners ' 1 �` n f�1C By: dQC G/r r C `y . // / f1,0 Attest: Clerk and Recorder File No. 35-/A./5- 7a Sheet 1 of 2 &0629 -OWEN AYRES & ASSOCIATES INC RECORDED EXEMPTIO1. d0 - 1473 -35 -1-RE46. 0 sac 400 Boo 5 CAC E: i"-4oa A/W Cog NE'14 SEC. 35 NE COX S£c 95 TIN 265W :_Al ZMJE NE a/4 TAU,* F=65Nf Co. —,20 - -¢- --_,-_.... , _� — - - - -- ---_.. _, raw--. .: 584'3510•'E Z65i540 o°mot h IT a { a _ -- :: At8rsisctiv"-; ES _ ._ __. - - ` .280.0 I W § -t Ler `5 Q s�p }}j a: 9. _ tar l t Cl. oCr Q fl f h � 8afi a 589^35o°E Th U N89 3/ 5°W----- OG4935 F ► IF# r L M. - 1 3 t Y' 0 ..._ I t 31 _ - E ' CC. 2Da4 If_ - •I — Lay q(- z'/' i �... 41 I� Siz_1 35 i } TIM R 65w dr' RA4. v 1 WEL a La cote. i o - it liiy t \ 1, 1 ! Ili J Iil, l gcatE i"- good -- — - iii__ 800629 SHEET 2 of 2 September 25, 1980 Department of Planning Services 915 — 10th Street Greeley, Colorado 80631 Dear Sirs, We are making, with this letter, a request for a recorded exemption for that part of the Northeast 1/4 of section 35, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. At the present time, we have a contract written and signed for the house and five acres, with closing contingent upon the approval of our requested exemption. We have attempted to sell what we now call parcell A and parcell B as one parcell for the past twt years, without success. Your approval of this exemption would be sincerely appreciated. The reason we must sell and relocate has weighed heavily on us due to personal family reasons. Parcell A would include the house and any improvements along with five acres. Parcell B would be the remaining land plus a shop that is 48' X 72'. The total remaining land would be approx— imately 80 acres. There is an ample,shallow well supply of water that will be for domestic use with the house in Parcell A. Parcell B has tateone. adjudicated irrigation wellpand in the event that the present or any future owner would ever wish to build a house on '.'arcell B, their water supply would have to be furnished by drilling a domestic well. Parcell B would be boardered on the North by 1/2 mile of County Road #4. Parcell A would be boardered on the Fast by approximately 800' of Weld County Road #47. Thank you very much for your consideration of this matter. Sincerely, bent G. inner r an ti449/ J -24 21 an a er ita mkr/i7 iikt S , ENE 35- (co C .', S E 5I-G Y h 318-A2;;CS tit "■1 AS x3o1. SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 3A 25 ZW Nd x so A 1q ffw. ,vauF 51 - B ; -72 �%c, 12/e 5 I - C. 13 1PT� 5111-A 15 1Ls mouE 53 M-CD 38 - 1Ze ,fie . 55 C. 443 _117.€ 5/o A-8 4O. 2Le _221e. • 8006 itilJ` � s hei e,,s1moit'. (�'y� s ' a SM / • }y 1 / ` ( x e sLi 1? :'° r s 1M 4 r k 11lf MI. Al /J 144 ` : 'kr: • 30 oc� I 1 "Q i ' 1 " ' 5(hJD �GZ - f ✓ } \ r \ 4 ! v,r;4f n "..,,\ t\ ' '•*.:" , S arc r ,' 7 T. • ,>. x. �. ..}a0. \"I �, A', 'I J �' FF ry II r j i t - eyes Ii 4 . k . 4F ` • f ti5„ E aJ,k - I, A M w e E k ♦ A 5 -\�'S r i ,' Q { 4: , ` � � r ',.,`„ µti t', *: r*w a 4'f•1,. _ MME i. ,.jr. a.$ H 54 1 `i. ;y, .j "' } L _ }I GM , , , ` J • . . 'e�w.*+!.�.u,Y.rac'F+•c. A. 1 R "n .Y .7, I *nit 01 529 410 • 4'r rItS. ATInr4. t ' 021 goo* ~� L : . . , . .VMS .k. " Y nod . ..W"V+ ,•e + i IV REFERRAL LI ST - En APPLICANT Robert and Juanita Warinner (H( CASE # RE-462 REFERRALS SENT OUT ON: October 13, 1980 CREFERRALS TO BE RECEIVED BY: October 24, 1980 U U O U H a P U) T H U O U fY Gi t c REFERRALS RECEIVED OCT 13 1980 County Attorney (plat only) Itin,1% ° County Health 10 IIA 18Q County Engineer _ State Engineer Division of Water Resources bel (Qj0 1313 Sherman Street Room 818 Denver, Colorado 80203 8006294- of coo RICHARD D. LAMM ! p J. A. DANIELSON Governor ?all O1; State Engineer * 1876 * DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 October 17, 1980 Mr. Chuck Cunliffe Weld County Dept. of Planning Services 915 10th St. Greeley, CO 80631 Re: Warinner Exemption, Case No. RE-462 Dear Mr. Cunliffe: We have reviewed the above referenced application for exemption . We feel that a dependable water supply will be available from the exist- ing wells and we recommend approval of the Warinner Exemption. Very truly yours, d • Hal D. Simpson, P.E. Chief, Water Management Branch FIDS/GDV:pkr cc: Jim Clark, Div. Eng. Land Use Comm. ys T 80 RE0CCEIV19ED v 57: Wsld Coonly ' 1 Planning Commission .<. Ce 90062974 FIELD CHECK RE-462 October 23, 1980 FILING NUMBER: DATE OF INSPECTION: NAME: Robt. and Juanita Warinner • REQUEST: Recorded Exemption LEGAL DESCRIPTION: Pt. NE1 Section 35, T1N, R65W LAND USE: N Agricultural E ,f S Agricultural ZONING: N Agricultural LOCATION: 31/2 miles south and 1 mile east E of Hudson S Agricultural COMMENTS: Proposed Lot A contains existing house. Proposed lot B has an existing building located on it. Apparently used to store or park airplane in it. Lot B has an airstrip on it. Air sock observed on or next to building. Accesses are existing to property. County Roads 47 and 4 are gravel surfaced. Property appears to be in wheat or alfalfa. Lot A has fenced pasture area in natural grass. BY: OvrA,,„.0,„„cliew 800629 RECORDING DATA - MAPS & FL A' Recorded Exemption #1473-35-1-RE462 NAME OF SUBDIVISION •--- "`"""---�-� Robert G Warinner - Juanita M Warinner NAME Of SUBDIVIDER Part of—the Northeast one—quarter of Section 35, Township- 1 North, Range 65 West o£ the 6th P.M. , Weld County, Colorado. t DIATION OF SUBDIVISION ��. __ -- -- ---- (� NOV 1 71993 BOOK 92f1RFIEPT ION # "y DATE OF RECORDING, � MARY ANN FEUERSTEIN ------------------- WILD COU TY CLERK AND RECORDER BY DEPUTY COUNTY CLERK & RECORDER 8l;0629 Hello