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Home My WebLink About820627.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 546 - BEN F. COUNTER 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. 546, being the property of Ben F. Counter, described as part of the Ell NEa of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado, being more particularly described in Exhibit "A" , attached hereto and incorporated herein by reference, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the hereinabove described parcel of land owned by Ben F. Counter be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D. , 1982. `1 '17 BOARD OF COUNTY COMMISSIONERS ATTEST: O/1.14,t I J a ,r^•` '4 WELD COUNTY, COLORADO Weld County Clerk and Reco •er / , — i//z2<<t- c and,_cier.k to the Boar• Jc4 T. Martin, Chairman y: '/ ��.�. � �ti,J7 ABSENT DATE SIGNED _. riep ' y County Chuck Carlson, Pro-Tem APPR D AS TO FORM: ` . & -- Norman Carlson �— z,� Q°C.----- -49��rf EXCUSED ounty Attorney W. Kirby 4/-74727 al-/ K. Steinmark 820627 DATE PRESENTED: May 10 , 1982 r . t. %. •—$, S. i.I . -j.'s ' 'o rn . 1309-30-1—RE-546 ' ,+.".se. .x- w.:a .. is:aw b,. s AS . `.ua(WMW.se•°1i1•Ss stItatsASKit- eaaa.ene aa.skxIgata..4.,w eWsrcI-zwaialat MI..-3w•+'ix n-, 1 Nr c;.nx d ur V Bee.30, TEN, -_ — _. -- — — ROOWla ! SCALE(1 400' t NR9`5,"'51"W--- —Section Comer 75u.00 4' 45000 . _ - O --Pin Set — __A-�• 4{ LOT At 23.266 Acresf LOT 8r. 35.149 Acres+ I �33 ,�,ACCESS TOTAL= 58.415 Acrest t W EASEMENT I N o BEN F. AND MARJORIE L.COUNTER ITLe r- 7493 U.S. HIGHW+A'eW85 is FORT WPTON,COLORADO 80621 Ei !' D= o.o 00 6 C25°01'15"W I ALPHA Et.GINEER1NG P -x-'POO. 0 c 53.28 w PO. Boa 392 L:87.27 t m Fort Lupton, Colorado 80621 Ch.S12"31'15,86.58 = yy N N o DATE March 23, 1982 4.4 N LOT 8 LOT A Z x 35.149 acres 23.266 acres 9 more or less more or less. x `n — vi 1 O 3 o o 1 0 r- 6 m m 1 ' 3 In O O N89 51 55 E — 1200.00 E I/4 cot. of Sec.30, S69°5i'55"W-120.00 T2N, R 66W. 244.. KO /. 20 ' �a `—:4367 r....17--. .•I ts i . `` I - I • , pit / .• �=1A ■ . �iJ, LtTA 'e,°" a L;J/ if ,,,vi ;• SCALE:I = 2000' • �. _ _ LOCATION MAP f 1 a a .` \ .M.' Y , • '`. I is 4,1- t , 820627 • Sheaf 1of3. • t _ n - r M , -. .i �..:i,...:;, 13 N N •. 1309-30-I-RE 546 - _�.cl1 :n i)1' ' + rr7ION: / L�rr.�.�.+�_r/..a.r..sk 1141/7z_ I\ I. of the Northeast one-quarter, Section 30, Township 2 North, , ,:,:t, 6 � west of the 6th Principal Meridian, Weld County, Colorado, described as : BEGINNING at the East one-quarter corner of said Section 30 ; thence S89' 51 ' 55"W along the East-West centerline of said Section 30 a distance of 120.00 feet to a point on the West R.O.W, line of U.S. Highway #85 said point being the TRUE POINT OF BEGINNING; thence NOO'O1 ' 15 "E along said West R.O.W. line and parallel to the East line of said East one-half of the Northeast one-quarter and 120.00 feet West of said East line a distance of 2118. 70 feet; thence N89'57 ' S1"W a distance of t1200 .00 feet to a point on the West line of said East one-half of the Northeast one-quarter; thence S00'01 ' 15"W along said West line a distance of 2122.27 feet to the Southwest corner of said East one-half i of the Northeast one-quarter; thence N89-51 ' 55"E along said East-West centerline said Section 30 a distance of 1200.00 feet to the TRUE POINT OF BEGINNING. CONTAINS : 58.415 acres more or less. 4 LEGAL DESCRIPTION OF LOT A: A part of the East one-half of the Northeast one-quarter, Section 30, Township 2 North, Range 66 West of the 6th Principal Meridian, described as : BEGINNING at the East one-quarter corner of said Section 30; thence S89'51 ' 55"W along the East-West centerline of said Section 30 a distance of 120.00 feet to a point on the West R.O.W. line of U.S. Highway #R5 said point being the TRUE POINT OF BEGINNING ; thence N00'01 15"E along said West R.O.W. line and parallel to the East line of said East one-half of the Northeast one-quarter and 120.00 feet West of said East line a distance of 2118.70 feet; thence N89'57' 51"W a distance of 450.00 feet; thence S00-01 ' 15"W parallel to said East line of said East one-half of the Northeast one-quarter a distance of 1015 .66 feet to the beginning of a curve to the right, the delta of said curve is 25 '00 ' 00" the radius of said curve is 200.00 feet; the chord of said curve bears S12 ' 31 ' 15"W , 86 . 58 feet; thence along the arc of said curve a distance of 87 .27 feet to the end of said curve; thence 525 '01 ' 15"W a distance of 53 . 28 feet to the beginning of a curve to the left, the delta of said curve is 2500 ' 00, the radius of said curve is 200.00 feet, the chord of said curve bears S12 '31 ' 15"W, 86 . 58 feet; thence along the arc of said curve a distance of 87 .27 feet to the end of said curve ; thence 500 '01 ' 15"W parallel to said East line of said East one-half of the Northeast one-quarter a distance of 887.20 feet to a point on the East- West centerline of said Section 30 ; thence N89'51 ' 55"E along said East- West centerline a distance of 510.00 feet to the TRUE POINT OF BEGINNING. CONTAINS : 23 . 266 acres more or less. y SURVEYOR' S CERTIFICATE : A!.�; � ~- `4 I hereby certify that this plat was prepared under my c ` .. l supervision and that the same is correct to the best re—, e. ' of my knowledge and belief. 3 4. 4. ' ce....../ e &e.....40-2.4.-c ,„ , . ., , s... c, . Cecil R. Crowe P.E. & L.S. 12330 ,yC. PROPERTY OWNER' S APPROVAL: We, Ben F. and Marjorie L. Counter, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. Ben F. Counter Marjorie L Counter ` 820627 Sheet 2 of 3 . RECORDED EXEMPTION NO. 1309-30-I-RE-546 The foregoing certification was acknowledged before me this • day of A.D. , 19 - My Commission expires: , f r ) Notary Public: �' - , ; , I , � „ I , 4 , Witness my hand and Seal COMMISSIONER' S CERTIFICATE: The accompanying plat is accepted and approved for filing. en., 1-17)77(2001 CH/61OF THE BOARD OF COUNTY COMMISSIONERS ATTEST: County Clerk 1 ByQ . Date I t 820627 Sheet 3 of 3 . • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. May 5, 1982 COLORADO Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #546 Dear Commissioners: The attached application, plat and related items are in reference to a request from Mr. Ben F. Counter for a recorded exemption. The parcel of land on which this request is being made is described as part of the E' NE1 of Section 30, T2N, R66W of the 6th P.M. , Weld County, Colorado. The location of the property is z mile north of Fort Lupton on the west side of Highway 85. The property contains approximately fifty-eight (58) acres of Class I, ITS and IIe irrigated soils. The request is to split the property into parcels of thirty-five (35) + acres and twenty-three (23) + acres. The applicant would like to build a single family residence on the proposed thirty-five (35) + acre parcel and continue to reside on the twenty-three (23)+ acre parcel. Two single family homes exist on the twenty-three acres. The applicant will continue farming this property. Based on the submitted information and policies of the County, the Department of Planning Service's Staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C of the Weld County Subdivision submission requirements regulations. 2. The request complies with Section 9-2E of the Subdivision Regulations as follows: - The fifty-eight (58) + acres, under consideration will allow agricultural and related uses to be the predominant uses. The use will be compatible with existing and surrounding agricultural uses. These facts also support the proposal as being consistent with the intent clause of the agriculture zone district. 520627 May 5, 1982 Page 2 - The proposal was reviewed by the City of Fort Lupton and was found to comply with their comprehensive plan. It is also in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan; thus the proposed use is not inconsistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet the minimum size requiements for land division. - The applicant will have proper access to the proposed parcel from State Highway 85. - A letter from the Weld County Health Department indicates an adequate means for sewage disposal. - A letter from the Division of Water Resources indicates an adequate water supply. - A letter from the Division of Water Resources indicates an adequate water supply. - The proposed lots are not part of a recorded exemption within the last five (5) years. Respectfully, 7 ) a& Rod Allison Current Planner RA:bn 820627 FIELD CHECK FILING NUMBER: RE-546 DATE OF INSPECTION: April 27, 1982 NAME: Ben F. Counter REQUEST: a recorded exemption LEGAL DESCRIPTION: part of the E1/2 NE1, Section 30, T2N, R66W of the 6th P.M. LAND USE: N Irrigated crops E U.S. Highway 85 S Irrigated crops W Irrigated crops and the South Platte River ZONING: N Agriculture LOCATION: one-half {D) mile north of Fort E Agriculture Lupton on the west side of U.S. Highway 85 S Agriculture W Agriculture COMMENTS: (1)single family frame houses garage and outbuildings are the existing improvements on the property. B Y: _,�/ Rod Allison, Current Planner RA:rg 820627 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 $95.00 CASE NO. E�� --_-_--_, RECORDING F E E ZONING DISTRICT Agricultural RECEIPT NO . 12227 3/29/82 DATE March 29, 1982 APPL . CHECKED BY 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 Commissioner' . LEGAL DESCRIPTION : Part NE4 Section 30, T2N, R66W TOTAL ACREAGE : 58.415 acres more or less Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X FEE OWNERS OF PROPERTY : Name : Ben F. and Marjorie L. Counter Address : P.O. Box 208, Ft. Lupton, CO 80621 Phone : 857-2289 Name : Address : Phone : Name : — —Address : Phone : WATER SOURCE : Larger Parcel _well Smaller Parcel well TYPE OF SEWER : Larger Parcel septic Smaller Parcel _septic PROPOSED USE : Larger Parcel _ A9/residence Smaller Parcel Ag/residence ACREAGE : Larger Parcel 35.149 ac Smaller Parcel 23.266 ac EXISTING DWELLINGS : ( Yes or No ) No (Yes or No ) - two existing_.___ 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 ) Signature :- Owner or Authorized Agent— Subscribed and sworn to b: fore me this day of 19 - ( SEAL ) Notary PublicMy Commission expires : 820627 PO Box 208, Ft. Lupton, CO 80621 March 30, 1982 Mr. Chuck Cunliffe , Director of Planning, Weld County, Department of Planning Services , 915 10th St. , Greeley, CO 80631 Dear Mr. Cunfiffe : To follow up on my personal visit with your Monday, you asked for additional information. My wife, Marjorie L. Counter, and I, having reached advanced years desire to make certain gifts to our children including deeds by parcel to the Ben Counter Farm. Since there are two house now located on this farm, it is our desire to divide this property by Recorded Exemption. This would enable one of our children, if he/she should so desire, to build a house of their own on the property and perhaps five years later, a second house could be built. In other words, we do not wish to impose a restriction to build a home of their own should they so desire, and if this can be avoided. To comply with the regulations within Weld County, we have applied for a Recorded Exemption, the Application for which was presented Monday. If there should be any further questions, please advise . truly yours , n . o n (I ..: 3 IC: , I 1i Weld Co. Planning Commission 820627 X APPLICATION FOR RECORDED EXEMPTION My name is Ben F. Counter , mailing address PO B x 203, Fort Lupton , Colorado , $0621 (service address 7493 US Hwy 85) , residence phone $57-22$9. My wife , Marjorie L. Counter, and I hold certain properties by warranty deed with tenancy in common, including the property known as the Ben Counter Farm and more particularly described in the records of the Weld County, Colorado, Assessor ( Parcel No. 62130930000047) ae situate in : "E2 NE4 30 2 66 exc Beg NE Cor Sec NF#9D 43 ' W120' to Pt Ln on W R/W/of US Hwy $5 said being true POB S0D0 1' W520' N$9D 57' W1200' 525 ' 309D 43 ' E 1200' to true POB (9R5D) ". Containing 58 acres M/L. The intent of this Application is to establish in accordance with Recorded Exemption Proceedure and Weld County Comprehensive Plan and intent of the Zone District in which this request is made, a means by which this parcel may be divided into two (2) separate lots . Such a division will be compatable with the surrounding area and uses ; will not be inconsistant with efficient and orderly development ; and will be consistant with the Weld County Comprehensive Plan. This parcel is located in an "A"- Agricultural District . A Plat , as required pursuant to Sec V of the Proceedure Guide , has been submitted and recorded by the Weld County Clerk and Recorder. The approximate acreage of the two ( 2) lots is : Lot "A", 23 .266 acres and Lot "B" , 35 .149 acres, respectively, as hhown on this Plat . The proposed water sources and sewage disposal methods shall be as prescribed by the Weld County Health Hepartment . Ground water wells for domestic and stock purposes have been Adjudicated and/or Permits granted as follows : Permit No . 93439-A 50 GPM ( .11lcfs) ; Adjudation Case No. W-825 , Well No. 1 9.45 GPM ( .021 CFS) , Well No. 2 16.65 GPM ( .037 cfs) , Well No. 3 49.5 GPM ( .110 cfs) and Well No. 4 77.1$ GPM ( .1715 cfs) . - 1 - 8ZO627 X The purpose of this Application is to establish the origiaal parcel into two (2) separate lots as indicated above. The Application will comply with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if such parcel is located within any Overlay District Area identified by maps officially adopted by Weld County. A copy of the following deeds are enclosed : Warranty Deed, 8/21/46, Sprague to Counter, $0 A. M/L. Warranty Deed , 10/4/46, Counter to Anderson, 12 A. M/L. Warranty Deed, 3/15/47 , Counter to Anderson, 3 A. M/L. Right-of Way Deed , 12/9/55, Counter to State of Colorado, 5 .821 A. M/L. Quit Claim Deed, Mineral Rights , 9/13/71, State of Colorado to Counter , 5 ,$21 A. M/L: Quit Claim Deed for Title Purposes , 1/22/74, Counter to Counter. Quit Claim Deed , 1/7/$1, Counter to Anderson, .75 A. M/L. As required, fees have been paid, including Application Fee, $95 .00 and $3 .00 per $4" x 14" page of survey- paid by separate checks to the Weld County Department of Planning Services . A Sketch Map of the proposed division of the property of the prescribed size is enclosed . This map shows existing access , easements and rights-of-way, road frontage with identification of existing structures. A Plat, as required , following approval by the Board of County Commissioners will be submitted to the Weld County Planning Commission for recording in the office of the We ' County Clerk and Recorder. --7, A & iz G PrEi . C NT E -TEN_P. COUNTER Subscribed and sworn to before me this 249 day of /"14=f c4 A. D. /Ili- li pQ,t•C C_t u, (9,R, / 5 820627 4- • • 5 r ^ I ,1 'F b. +'. _ a ti,4.4 ": 'j@� ,y...... A.,. ,..• • e 1. -- E.— V� I i S'(a- 1 • -r•.- #!,‘?' i:*- ...'..'. „,...i .,-N1,1;;P:440,1;:'jit k. .- + T P.:14,4;4 : -a.y a_: ,k_ a + ' 't. 4il r: • rt .e mow, S •{ `_rin I' AO i 4! f ¢ i • • J,,}� 1�(L 4 ♦m.. �.. �...- ._ R;CS'3✓ In f J' n9 ib �t +d7 K +<. *mot q r,�w' k ..� _ Fr'M X.. 11.•�. r �+ wy. }r v�tk I + •q 'Y I. K Y' 1*Y�lM.1J •IP-`,r.� •I} ` �• y�+ 4 f ••st x`1' ,!; 's ,4` ';li .a .Y3 + e t '1 •' 'qN 4 # .1.11* f '. e!"4 k kS v n ba C'}. $-= ,. #a ' • ' 1 II. ...q�.t •,r.{c; ?o t i. .M,M t r 0 Y r t.4-.-r r" •t{• �., 4: �:.7�f�t bT;* qill • • r gcst"s r "'' i{ t" tln' i {xw: �' fi f 'rq fei rrt i -,-+,..0,..4-M R :1 'ti' R, .`J w r 11 • �yyp, • .44. ,� +yam fY °.I I if -wkz+s+C"+nw' r ink Q.u,� rt si ! I •a a x yf. a s.. t I r P it it i a: ,.�.J j Ia SAt••.a i�x,r;'d t . R yi • .yf i. ^,e _.-.r lis•A •i4ot Po` • • H. W.x ) M I C• • ya@ • Ni. 'a 1 't < .it j '.^iaw.: pp yyy I t 7 y;..4 i i ^ .+..w. 1 it �'fa ,� p'1 t r4l'.t,JI r 4 ,,,,f,4„ / {t • , ,„ , , +sky Y'Po + 1S Y. . v , a ir° X J F • i F + Z,ena ''g r •Sy • „ r,.a �: '' IIIV{V{V{}Illjjj�` uti 3' 1 Po LEGAL DESCRI " TION `s.3/4< :&<` �a CASE NO. S4cci 01; u 4. It 3 efc 11 IC* 30 . 1of \I Ass n.n i 1 .0 -aY "-.." o SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED e � S 820627 "V/ REFERRAL LIST APPLICANT: Ben F. Counter CASE NUMBER: pp 5/ 6 SENT REFERRALS OUT: April 12. 1982 REFERRALS TO BE RECEIVED BY April 20, 198? U) U z z z o O F W 0 6 .c U UUZ o U OZ 0 h W v) ti W I N O U O Wr O U O C1) W U Z CO z z Czz ICounty Attorney (plat only) )( Platteville Ditch Co. c/o Weld County Health Department X Engineering Department X X ' 1 County Extension Agent Colorado Geological Survey 1313 Sherman Street Ft. Lupton Planning Commission _ Room 703 1 c/o Gayle Packard - Seeburger Denver, Colorado 80203 P.O. Box 158 Fort Lupton, CO 80621 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 ' State Engineer XX Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 X 71State Highway Department 1420 2nd Street Greeley, Colorado 80631 elColorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 820627 Hello