HomeMy WebLinkAbout830859.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 595 - THEO RADEMACHER
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. 595 , being the property of Theo
Rademacher, described as part of the NW4, Section 26 , Township
3 North, Range 68 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 defini-
tion 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 that the hereinabove described parcel of land owned
by Theo Rademacher 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: 1) that an additional thirty-five
(35) feet right-of-way along Colorado State Highway 66 be shown
on the recorded exemption plat before recordation by the office
of the Clerk and Recorder for the purpose of providing adequate
right-of-way width to meet projected needs as outlined by the
Colorado Division of Highways; 2) that any new access on to Colo-
rado State Highway 66 be approved by the Colorado Division of
Highways; and 3) the applicant should 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.
J30859
Page 2
RE: RE #595 - RADEMACHER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1983.
^^;1 BOARD OF COUNTY COMMISSIONERS
ATTEST: f1f ttz.wc t ; ,:,, :;" WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Chk Carlson, C airman
hk-ta
puty County hn T. Martin, Pro-Tem
APPROVED AS TO FORM: Excused
Gene R. Brantner
NC.7/617tea--
County Attorney Norman Carlson
Jo que sine oh son
DAY FILE: March 21 , 1983
F70859
DEPARTMENT OF PLANNING SERVICES
• PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
March 16, 1983
COLORADO
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #595
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Theo Rademacker for a recorded exemption. The parcel of
land on which this request is being made is described as part of the NWT,
Section 26, T3N, R68W of the 6th P.M. , Weld County, Colorado.
The property is located approximately 2.5 miles southeast of Mead; east
of I-25 and adjacent to Colorado State Highway 66. The property contains
approximately 21.7 acres of Class II and III irrigated soils and Class
III and IV nonirrigated soils.
The request is to divide the property into parcels of 11.47 acres, more
or less, and 10.23 acres, more or less. This recorded exemption would
correct the illegal land split on Special Use Permit #436:80:26. This
parcel of ground was approved for an agribusiness and purchase of farm
equipment on April 10, 1980.
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 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.
6.0959
Board of County Commissioners
March 16, 1983
Page 2
- The proposal does not exist in an overlay district area.
- The proposed lots meet minimum lot size requirements for
land division.
- The Little Thompson 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
Colorado State Highway 66.
The Weld County Health Department has indicated that both
lots will have adequate sewage capacity.
The Department of Planning Services staff recommendation for approval is conditional
upon the following:
1. That an additional thirty-five (35) feet right-of-way along
Colorado State Highway 66 be shown on the recorded exemption
plat before recordation by the office of the Clerk and
Recorder for the purpose of providing adequate right -of-way
width to meet projected needs as outlined by the Colorado
Division of Highways.
2. That any new access on to Colorado State Highway 66 be
approved by the Colorado Division of Highways.
3. The applicant should 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.
Re!pectfully submi ted,
J
Gre enfeld, Planner
GO:dg
F 7,0859
FIELD CHECK
K
FILING NUMBER: RE-595 DATE OF INSPECTION: March 11, 1983
NAME: Theo Rademacker
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the NWT, Section 26, T3N, R68W of the 6th P.M.
LAND USE: N Sekich Equipment Company
E Agricultural
S Agricultural
W Sekich_Equipment Company
ZONING: N Commercial Unit Development
LOCATION: Approximately 2.5 miles south of Mead, E Agricultural
east of 1-25 and south of Highway 66 S Agricultural
W Commercial Unit Development
COMMENTS:
The parcel has farm equipment stored and displayed on it at the present time. Property
drainage is to the south and west. Access will be onto Colorado State Highway 66.
BY:
6
Greg feld, rrent Planner
CO:rg ?O859
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 95.0 O
CASE N0 . l�, E" 515
RECORDING FEE
-�y_AA {a90
ZONING DISTRICT ` I � ��Ly l2 / RECEIPT NO. /a,
DATE 2_ L] '3 APPL . CHECKED BY i7JA
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 :
Lot B. of Recorded Exemption No. 1207-26-2-RE123
TOTAL ACREAGE : 21. 700 ± Acres
Has this property been divided from or had divided from it any
other property since August 30, 1972? Yes x No
FEE OWNERS OF PROPERTY :
Name : Theo Rademacher
Address : 1-25 & Highway 66, Mead, Colorado Phone : 535-4221
Name : Fredrick M. Sekich, Nick J. Sekich Jr. and Jerry R. Hootman
Odd-Pe45-= N.J.F. Co. a Partnership Phone :
Name:
Address : 125 & Highway 66, Mead, Co. Phone : 535-4474
WATER SOURCE : Larger Parcel Little ThompsonSmaller Parcel Little Thompson
TYPE OF SEWER : Larger Parcel septic Smaller Parcel _ septic
Commercial
PROPOSED USE : Larger Parcel Eventually / Smaller Parcel Parking Lot
ACREAGE : Larger Parcel 11.47 acres Smaller Parcel 10.23 acres
EXISTING DWELLINGS : ( Yes or No) No ( 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. N. P r7'rl rsh
Y .�Ct-KV il. Neraf,�crto'er
COUNTY OF WELD ) $ .�
STATE OF COLORADO )
x 271.R-(i
Signature : Owner or Authorized Agent
Subs ribed and sworn to before me this / 1113% y a of A+i✓r7 _,
19
( SEAL )
otary u c
My Commission exires : 6 '"O85�
LITTLE THOMPSON WATER DISTRICT
DIRECTORS: TELEPHONE 532-2098
DEAN G. ANDERSON, 307 WELCH AVENUE
PRESIDENT DRAWER G
CHARLES ALLEN BERTHOUD. COLORADO 50513
LEO BAKEL rJJ
PAT DORSEY
DAVID MCGEE
E. THOMAS RICORO
CARET J. SALOMONSON _._...._.___. _ _...
MANAGER, I\� FEB 15 1963
LOVILO H. PAGAN I
Weld Co. Planning Commission
February 14, 1983
Department of Planning Services
915 10th St. Re: Water Service-Lots A & B
Greeley, Colo. 80631 Rademacher-Sekich
Gentlemen:
The Little Thompson Water District will provide domestic water service
to lots A i B (Proposed by Rademacher and Sekich) located NW 1/4 of Section
26, Township 3 North, Range 68 West of the 6th P.M. , County of Weld upon
compliance by the developers with the Districts' policies concerning water
main extensions and water rights.
Very truly yours
Little Thompson Water District
4i7r
Lovilo H. Fagan, Manager
CC: Theo D. Shey,Jr.
Theo Rademacher
Fred Sekich
LHF:lml
cc:
8"0859
STATEMENT OF FACTS
THEO RADEMACHER obtained Recorded Exemption No.
1209-26-2-RE123 in 1974 and Lot B of said recorded exemption
is the property now sought to be divided.
On January 1 , 1981 , Theo Rademacher sold to N .J.F.
Co. , a partnership the following :
The N 990 feet of the W 440 feet of Lot B of
recorded Exemption No. 1207-26-2-RE123 recorded
March 29 , 1974 in Book 711 at Reception No. 1633004 ,
being a part of the NW' of Section 26 , Township 3
North, Range 68 West of the 6th P .M. , County of
Weld, State of Colorado
The sale resulted in an apparently unlawful conveyance
under planning regulations.
Owner Rademacher now desires to create another Recorded
Exemption so that the prior conveyance will be valid and further
so that he can convey the rest of said Lot B of Exemption No.
1207-26-2-RE123 , described as :
The S 397 . 97 feet and the E 302 . 68 feet of
the N 990 feet of said Lot B.
Ultimately , Onwer would also like to have the S 397. 97
feet revert to agricultural zone.
6.10459
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LEGAL DESCRIR, .3N a(4)- -1/4)%
CASE NO. • Sqs 6,4,- a •\'at
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SOIL CLASSIFICATION
NEW NO. IRRIGATED NON - IRRIGATED
-Fitc\\,.E. to e, — ea_
E_:,0859
REFERRAL LIST
APPLICANT: Theo Rademacher CASE NUMBER: RE-595
SENT REFERRALS OUT: February 28, 1983 REFERRALS TO BE RECEIVED BY March 8, 1983
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H R V H O
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■ County Attorney (plat only)
Weld County Health Department
.� XX
Engineering Department
County Extension Agent
Colorado Geological Survey
1313 Sherman Street
Room 703
Denver, Colorado 80203
Colorado Water Conservation
■ Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
■ State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
X State Highway Department
XX 1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
F 70859
STATE OF COLORADO
DIVISION OF HIGHWAYS
Or
eak
P.O. Box 850 `gR( i
Greeley, Colorado 80632-0850
(303) 353-1232 °
March 4, 1983
Weld County
SH 66
Rademacher Exemp.
Mr. Rod Allison Mi . E. of I-25
Department of Planning Services (�? _ 7/ , on S. Side of 66
Weld County -,3
915 Tenth Street iii DOH FILE 45100
Greeley, Colorado 80631 Wz!d Ca. Planning C6mmissron
Dear Mr. Allison:
We have reviewed the Theo Rademacher application for a recorded exemption,
and we ask for your consideration of the following comments.
1 . Projected traffic on State Highway 66 indicates the need for a 150-foot
total right of way, 75 feet each side of the highway centerline. Since
the existing width is 40 feet south of the centerline, we ask that an
additional 35 feet be provided to achieve the projected width. This
could be done by reservation or, preferably, dedication as permitted by
local regulations.
2. It is our understanding that this property has been conveyed to the adjacent
owner for use as a parking lot. The adjacent property has existing access
to S.H. 66. According to the State Highway Access Code, no additional
access should be anticipated as a result of this exemption or the "eventually
commercial " use of this property indicated on the application.
Thank you for the opportunity to review this exemption request.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
ouglas Rames
District Preconstruction Engineer
DDR:da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson
w/encl .
8:10859
i
RECORDED EXEMPTION NO. 1207- 26-2-RE- 595
NORTH LINE
SECTION 26 40.001FEET
EXIST. R.O.W.
a HWY. 66 - SEC 26RNER
S N89°2500E 742.68 .? -to R68W
,h 440.041 302.64
35' RESERVED
I r-
FOR FUTURE
HWY. 66 R.O.W.
30
I
ti w b
rn 0 g 0
m I I 11 o II II a0o J L
N ° LOT A 0SLOT B N 1 r
10.00 ACRES ± a 11.821 ACRES±
_W I 3 L
o I 0
O
ND M SCALE:
0 0 111= 2OO'
ZI I DATE PREPARED + 4/1/83
440.04 I 1
589°25'00"W
30'RESERVED F0RR EAST LINE
-r-
co PURP0SEAD SW NW I/4 , SEC.26
°i
co LOT "A" =10.00 AC.
I
LOT "B" =11.821 AC.
I TOTAL =21.821 AC
S89 2510 W 742.68'
R68W
a
HIGHWAY 66
N.
/ Illir
N
PROJECT
m/
- T3N VICINITY MAP
In j SCALE: 1 "=2000'
CV
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il
11�u
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111/4
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..,-���a-_,�• SHEET
1 OF 2
8'5,0859 NO. 183-3450
-
Recorded Exemption No. 1207- 26 - 2 -RE •595
LEGAL DESCRIPTION
Lot "B" of Recorded Exemption No. 1207-26-2-RE-123, located in part of the Northwest
quarter of Section 26, Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows:
Beginning at the North quarter corner of said Section 26, and considering the East
line of the Northwest quarter as bearing South 00 63'00" West, with all other bearings
contained herein relative thereto; thence South 00 13' 00" West, along the East line
of the Northwest quarter of said Section 26, 40.00 feet to the True Point of Beginning;
thence continuing South 00°13' 00" West, along said East line of the Northwest quarter
of said dSection 26, 1280. 00 feet; thence South 89°�5 ' l0" West, 742.68 feet; thence
North 00 13' 00" East 1279. 97 feet; thence North 89 25 ' 00" East, 742.68 feet to the
True Point of Beginning; Said described parcel of land contains 21 .821 acres , more or
less, including a strip of ground 30 feet in width along the East line of the North-
west quarter of said Section 26, and a strip of ground 35 feet in width along the
North line of said Section 26, both reserved for County Road right-of-way purpo:mss.
SURVEYOR' S CERTIFICATE
I hereby certify that this plat was prepared under my supervision and that the same
is correct to the best of my knowledge and belief.
t/ ACezt7:-/„.-77-77-_ ,..- _
is
We, the undersigned, being the sole owners in fee of the above described property
do hereby subdivide the same as shown on the attached map.
Frederick M. Sekich rick J. SeIIICiicch, Jr. i IF
746 Re-t-reLe.a ,2
Theo Rademacher
The foregoing ertification was acknowledged before me this /4 IL
day of A.D. , 19 $.3
My commission expires: °2i, /92
Notary Public: ke
"C ?l
Witness my hand and seal .
The accompanying plat is accepted and approved for filing.
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS`7 4ATTEST: County Clerk: ""ttt._;
Date: 9 esi. / `n7 4 -
•
SHEET
2 OF 2
JOB NO. 183-3450
F "U859
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