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Home My WebLink About820660.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 579 - JAMES AND WINONA BARCLAY 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. 579, being the property of James and Winona Barclay, described as part of the NE4, Section 28 , T3N, R66W of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicants and known as Exhibit "A" , said plat to be recorded, 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 of Weld County, Colorado that the hereinabove described parcel of land owned by James and Winona Barclay 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) Prior to the issuance of a building permit for Lot "A" of "B" , the owner shall submit evi- dence that said Lot (s) shall have an adequate sewage system; 2) No structure shall be located closer than thirty (30) feet from the center of the Spear Ditch; and 3) The applicant shall obtain a written easement allowing proper access for the proposed Lot "B" . Said easement shall be thirty (30) feet in width. The applicants shall place a note on the Recorded Exemption plat ref- erencing the easement document prior to recordation of said plat. 820660 M� ��_ i u_ r Page 2 RE: RE NO. 579 - BARCLAY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS ATTEST: ‘7110.4„. (15 - ' WELD COUNTY, COLORADO :m-e" -1""L'n"/4. Weld County Clerk and Recorder /f-IL '- _2/7r/ and Clerk to the Board Jartin, Chairman i By C"77vy�u Q / �,r�n-e� 2,c.. _ gt, .D puty County JerkCarisoxf, rroo-Tem.%719APPROVED AS TO FORM: -74--)nd. — l a-- Norman Carlson CT jll-A _ ✓ [ G7 1, (...-L,L County Attorney . Kirb ne K. Steinmark DATE PRESENTED: November 29, 1982 820660 mimoRAnDum To Board of County Commissioners Dace November 24. 1982 COLORADO From Rod Allison. Current Planner Subject: Additional information on RE-579 Page 2 - Paragraph 11 3. The applicant shall obtain a written easement allowing proper access for the proposed Lot "B". Said easement shall be thirty (30) feet in width. The applicant shall place a note on the recorded exemption plat referencing the easement document prior to recordation of said plat. RA:rg 820660 DEPARTMENT OF PLANNING SERVICES PHONE 1303) 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 CNovember 24, 1982 COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #579 Dear Commissioners: The Attached application, plat and related items are in reference to a request from James and Winona Barclay for a recorded exemption. The parcel of land on which this request is being made is described as part of the NE1, Section 28, T3N, R66W of the 6th P.M. , Weld County, Colorado. The property is located 2.4 miles east of Platteville on Weld County Road 3O. The property contains approximately 142.5 acres of Class IIe, IIIe, IVe irrigated soils and IVe and VIe nonirrigated soils. The request is to divide the property into parcels of 16.6 acres and 125.9 acres, more or less. The applicant would like to give the proposed lot "B" to his daughter and son-in-law for a future building site. The proposed Lot "A" would remain in agricultural production. 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 predominant use of the 142.5 acres, more or less, would be agricultural production. The use would be compatible with the surrounding agricultural uses. The proposed Lot "B" is separated from the balance of the farm by the Spear Canal and is less efficient to farm. These facts support the proposal as being consistent with the intent clause of agricultural zone district. 8206W Board of County Commissioners November 24, 1982 Page 2 - The proposal was reviewed by the town of Platteville and was found to comply with their long-range Comprehen- sive Plan. - 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 requirements for land division. - The Division of Water Resources 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 Weld County Road 31 and Weld County Road 30. The Department of Planning Services staff recommendation for approval is conditional and based upon the following: 1. Prior to issuing building permit for Lot "A" or "B", the owner shall submit evidence that said lot(s) shall have an adequate sewage system. 2. No structure shall be located closer than thirty (30) feet from the center of the Spear Ditch. Respectfully, Rod Allison Current Planner RA:rg ADDITIONAL INFORMATION: Review letter dated November 5, 1982, from the Division of Water Resources. 820660 FIELD CHECK FILING NUMBER: RE-57g DATE OF INSPECTION: November 19, 1982 NAME: James and Winona Barclay REQUEST: Recorded Exemption LEGAL DESCRIPTION: Nei, Section 28, T3N, R66W of the 6th P.M. LAND USE: N Weld County Road 10; pasture and_a_t_ank_battery operation E Weld County Road 31 and_egri.C.ult_urai production S Agricultural Production W Agricultural Production /ONING: N Agricultural _ LOCATION: 2.5 miles east of Platteville on E__Bg �ltural _ Weld County Road 30 S —- ----- Agricultural W _Agxiculttral COMMENTS: There are no improvements on the subject property. The land slopes to the northeast. There is an irrigation ditch that cuts across_the property that separates the two parcels of land; proposed Lot "A" and proposed Lot "B". There is an existing road to service the proposed Lot "B" from Weld County Road 31. Lot "A" would be served from either Weld County Road 30 or 31. At the present time this parcel of land is used for agricultural production. BY: 1121-: R d Allison, Current Planner RA:rg 820660 09907.13 v: ft h.a-r ..:j. q ..k U'3` 41 S.9,0 c i �. 4f t vK yy gs } b K l��'`y�� • b . b •yY. I f. "T� ) ) � ap .w,• . . .. as vy'f r 0� � ;I„ y r i .9 ,ter 4 ', i 4, '~ , ` _-, lam`/"/I S ^'fly + q"N'n r r K \ i . ' r " r {gyp, �P :.1 ^0 1 'X}y.,,, ,,5_4C , I,o tins f lly - !�"," ,' K Y t o+.rKrJ9C •rule t 1 y '" z a{7n,# " .✓ '. le• + i H a9 - . - a. Etr CI a ». _ kale "- &.,. e \ : :j !1Y± •rri v x 2 'It— s j L n .. . z".,..; . !$^ _ 10 • ' 4, • ry Y t �y N• '. L r r P �I.4+ i l h'" try wat f. . , -j N' .S �r4 i- 1 S .. .. .ti • a 5 jt •,i t .,..r.: x ft,e,v-• "451': jai x F27—..... . IS Y� Q. ...Yryps. . ,y l lC g;• Y cam. 1--..., • } L .�„. ,, n _L. • Jo .. i .2.4* 2.. :. . :a^ } u "y.„ t . any• 4,a ,....... 0, +u58F ; ty . •.4.,. ..,. .c.,,,,,,../K„, •- •••,.:A.,„, ar si , ,.." _ ♦ ,.. ,.. dr.' '�'- ...,;, yew.e"'�" ,Y is T: 206 --' t ' ! • 1 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : r� APPL . FEE C15. 019 CASE NO . E 5 /9 RECORDING FEE1,QM'?pp ZONING DISTRICT Pointek If RECEIPT NO. 12-$31 DATE jo ' 22' f(2-- APPL . CHECKED BY M 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 : N i. Yy Set. 2-e 73 N e. 6 b w 1 e_ 6 fr, I vial Co . 60 . TOTAL ACREAGE : /lo® Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No A/— FEE OWNERS OF PROPERTY : Name : 9 Addres S /itJ Ln-ate J . j -c Y o Phone : 7�fS-- 3>.(. Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel `--t- -n_.c- Smaller Parcel 1,,teee, TYPE OF SEWER : Larger Parcel 749-7tt, Smaller Parcel A,t .{.. wL... PROPOSED USE : Larger Parcel 7 , Smaller Parcel ,'C -(4---) , ACREAGE : Larger Parcel ;,?5`, Smaller Parcel /6 . ' EXISTING DWELLINGS : (Yes or No ) L7410 ( Yes or No) 0 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 ) dierilie&-11 Si'gna re : Owner or Authori ed Agent Subscribed and sworn to before me thisor friti 0 'day of (/)ii , 19 lig . (SEAL ) No ary Pu ' Otto-jet A t HIS- My Commission expires : t. X 820660 44m s ; W „y '4 x: )J f A tit 3o C . 3O Pi.A7L{QU, LLc .:plc, 8261 l /1/ ? 0,2-9 - 3 w - 4. 6, u. 4 . - tra, 7, - 20 .1-.1. a7(.. 14-- y a ti' (----da•c474 - ((is-- for-s-/n (.).) 41-41 E a _e,FGa`f/.. GP--an � c ,-,,_ ..0. G'.u-G.L4 . vyr-d-c t to /ley 4,0_4(4 oonrcn ,� REFERRAL LIST APPLICANT: James and Winona Barclay CASE NUMBER: RE-579 SENT REFERRALS OUT: October 26, 1982 REFERRALS TO BE RECEIVED BY November 17, 1982 o z H M O H H OR 8 z H ¢¢q z W V U 2 W � -) k. m [A H ffsz�� O m U O U O fs z m W 0 W U z z0 m z 0 z County Attorney (plat only) /�y Lucy Montoya Town of Platteville ■ Weld County Health Department P.O. Drawer 70 Platteville, Colo. 80651 ■ 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 X © State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 ■ State Highway Department 1420 2nd Street Greeley, Colorado 80631 ■ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 820660 O6•Coeo, 0qq RICHARD D. LAMM hed JERIS A.DANIELSON Governor '^ O I State Engineer *1 _. 1876 # OFFICE OF THE STATE ENGINEER . DIVISION OF WATER RESOURCES U t 1313 Sherman Street-Room 818 ( 'J 1 Denver, Colorado 80203 1 '/f (303) 866-3581 .y — _ JI November 5, 1982 Weltl Gn_ Planning G;3ny, ;csit;a Mr. Rod Allison Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Barclay Exemption, Re-579 Dear Mr. Allison: We have received the above referenced proposal to separate 16.6 acres from 160 acres. There are apparently no wells or dwellings on the property at this time. We could make a household use only well permit available for the 16 acres and would not object to approval on this basis. We must question the adequacy of a household use well, however, since outside use of the water for lawn and garden irrigation and livestock use is prohibited. We suggest that the applicants consult with our Ground Water Section and seek a domestic well permit for the existing 160 acres prior to obtain- ing approval of this proposal. Sincerely, Hal D. Simps n, P.E. Assistant State Engineer HDS/KCK:ma cc: Jim Clark, Div. Eng. Dewayne Schroeder 820660 Hello