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Home My WebLink About810361.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 482 - ADA MAY GUARD 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 18th day of February, 1981 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. 482 , being the property of Ada May Guard, described as Part of the Southwest Quarter of Section 33 , Township 7 North, Range 66 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 "sub- divided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended: LOT "A" A tract of land located in the Southwest Quarter of Section 33 , Township 7 North, Range 66 West of the 6th P.M. , of Weld County, Colorado, being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 33 as bearing South 03°06 ' 36" West and with all bearings con- tained herein relative thereto; Commencing at the West Quarter corner of said Section 33 , thence, along the said West line, South 03°06 ' 36" West 150 .24 feet to the True Point of Beginning; thence 150 feet South and parallel to the East-West Center Section Line, North 89°49 '46" East 146. 60 feet; thence South 03°06 ' 36" West 44 . 86 feet; thence South 88°00 ' 04" East, 47 . 93 feet; thence South 03°06 ' 36" West 394 . 80 feet; thence North 88°00 ' 04" West, 194 . 32 feet to the West line of said Southwest Quarter of Section 33; thence, along said West line North 03°06 ' 36" East 434 .11 feet to the True Point of Beginning. The above described tract contains 1 .90 acres and is subject to all easements and rights-of- way now on record or indicated on the plat. 01061 LOT "B" All that part of the Southwest Quarter of Section 33, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado, described as follows: Beginning at the Southwest corner of said Section: Thence in an Easterly direction along the South Section line of said Sec- tion 1850 feet, to the East bank of a dividing lateral; thence along the East bank of said dividing lateral by true bearings (varying 15 ' East) on the following courses: North 9°02 ' West 265 feet; thence North 17°10 ' West 314 feet; thence North 24°23 ' West 474 feet; thence North 28°34 ' West 275 feet; thence North 32°43 ' West 300 feet; thence North 35°58 ' West, 413 feet; thence North 36°40 ' West 615 feet; thence North 38°55 ' West 210 feet more or less to an iron pin on the East bank of a dividing lateral 150 feet South of the East and West half Section line of said Section; thence in a Westerly direction 150 feet South and parallel to said half Section line 203. 40 feet; thence South 03°06 ' 36" West 44 . 86 feet; thence South 88°00 ' 04" East 47 . 93 feet; thence South 03°06 ' 36" West 394 . 80 feet; thence North 88°00 ' 04" West 194 . 32 feet to the West line of said Section; thence in a Southerly direction along said West Section line 2048 feet more or less to the Point of Beginning. The above description of LOT "B" was taken from a previously recorded legal description with modifications to exclude LOT "A" . The above described tract contains 68 . 69 acres more or less and is subject to all easements and rights-of-way now on record or indicated on the plat. 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 parcels of land owned by Ada May Guard be, and hereby are, 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 18th day of February, A.D. , 1981. ' BOARD OF COUNTY COMMISSIONERS ATTEST: �'` `"�"' s �� ®°' WELD COUNTY, COLORADO Weld County Clerk and Recorder ça;;a._.tAthd C erk to the , oar -' fl Chk Carlson, Chairman By,: C /�t ' (Aye) eputy Co y Clerk -- Norman Carlson, Pro-Tem : C �PRRJO D AS TO FORM: / ,[/// [ l� (Aye) ounty Attorney T. )//// emu (Aye) n T. Martin ! / '/ J ne K. St nmark DATE PRESENTED: FEBRUARY 23 , 1981 RECORDED EXEMPTION NO. 0707-33 -3-RE 482 �' Poo. I of 2 PROPERTY DESCRIPTION LOT "A+ Q/ °49 1110o' A tract of land located in the SW} of Section 33, Township 7 North, Range 66 West. , of the '6th P.K.. of Weld County. Colorado, being more particularly described as follows: . :. _ Considering the West line of the 344:of said::Section33.. .:as bearingg:3- 03-:06'36".:W and with all bearings -contained -herein,;` relative:thereto: Commencing at the. WI-corner of said Section `.33 thence.-:along :thesaidg::.West line;._.. ----- .:: S 03-06'36" W 150.24 feet to thetrue Point-of Beginnings-thence-�150 feet::South=and parallelIto:.the, East-West.:Center:1Section-Line N 89::49'46*:$ 146 60: feet.:_thence S 03:06'36" W 44.86 feet; thence 5:88 00'04+:g "47.93 feet -thenceg:S-03 06'36" W 394.80 feet;•thence-F..86 00'04+_W 194.32 feet.tO_lf West..Line of said SW; ef:-Section 33; thence.. along said'West line N 03 04'36"_1 434.112-f ekt to.:the::'rrue_Point::of , Beginning , The above described tract contains 1.90 Acres and-is subject to au easeaenta and rights-of-way nose en record or indicated on the attached plat • The Surveyor has performed no further easement or rights.of-way:search-:than that indicated on :the":attached plat. y-y PROPERTY DESCRIPTION ` LOT "B" All::that part :ofathe Sill of:g:Section:33. Township.:7::North.Range:.66 West of the 6th PM. Weld County. Colorado. described a follows: Heginning at the SW corner of said:Section: Thence.3n an Easterly:direction along the South Section line of said Section 1850 feet, to the Best bank of a dividing.:lateral; thence along:the East bank of said dividing lateral by tri * bearings (.tiring :15j' East) on the following COW'SOS N'*-02' W 265 feet;-theaoe-if 17 10, W 314 fast= s B :?# 23tZW 47/ii:feet; Chance -- ..2 feet. thencu N 32 43' W 300 feet.--.thence 14-35. 58r14 4i3--feets:::.thonce. .: N 28 :�. .W 7y _ N 36 40' 1 615 feet; thence N 38 55' W 210 teat more-er:less,to:ae .ireh:.pas-MI the East bank or a dividing lateral 150 feet South of the..East West half Section.Line of said Section; thence in a Westerly direction.150:feet.:South and.{'nry 1 at to- said -half- Section Line203.$0"2eet;"thence s`fl3--06`36".W "� �� feet.�-thenceg3 88-00'0 " E'- 0? 93:fist; S 03 06!36" W_._394.fp feet, thence N 88 00'04" W 194.32 feet to the west line of said Section;-::thence i a::Southerly-direction along said:West-=5ection :--' line-_13-t,.feat::sore or-less-to the Point -of Beginning The above, description of LOT"*B" was taken frost a:previously::recorded:-legaLdesetription with modifications to acludo LOT "A" The-above'described tract contains 6849.-Acres sore orless`ancl.1s subject to all easements and rights-of-fray:now on:recordor indicated a» the'sttached-plat The Surveyor has,performed-.no--furthereaseaent. or:rights-of-way:::search:::than that::indi.. _._- Gated on_the attached plat SURVEYOR'S CERTIFICATE ,�,ot, nu s,8%.. ..... T hereby ee ifyl that this plat was prepared under-sy-supervision ,0ape is correct to the-!,best of my-knowledge-and-belief.. Jr , aver O _ _. ...__ . 25660 .4q .:::._ L. Michael-..Foy R istered:Land Surveyor '1st' S b e' aColorado Reg-. N0.- 15660 .-------- .. . .._ 3ijl .. QQ� . . ----''We,:the undersigned, being-the-sole .owners---in--fee'::of 'Elie-ahoy; : eser A 4-, do hereby subdivide the same as shown on the attached:;plat., p - Pda ray Gnara P a, e- . The foregoing tifitation was acknowledged.before:;se::this 1$ --- day of _ t - _. i.x.«.n.,a� A.D.. 19$,1 F I My Commission Expires: 13 r y o....h 4 � # ? d Notary Public: 44 e et - f , x ,,` Witness my Band Seal The cc ing plat accepted and approved for filing. C OF AE BO OUNTY COMMISSIONERS ATTEST: County Clerk r • 4-//do-- ` By Date as T/ —_ --- - . ��,.. .. ., .. . . �rn',Ir c� I1\t•• Project No. 91-354-01 `, RECORDED EXEMPTION NO. 0707-33- 3-RE 482 Page 2 of 2 ALL TWAT"PART,Or T.WE SW %a, SEC770,41 33, --- To& w58/P 7 NORTH, RANGE G& PYES 7 . . of THE G.T" P.H., WELD GOUMTit COLORADO. . xr=ta r --- -= i- sed ie:n.r L'- - - -5417:0 4-..RsB✓'f ._ SCTs44a3c+4' Qs! - -�..•T-wnr j''.4LUm' -C*,• L S ltLGe' --.. - .. 'age sn-3#riid 1..:-...r..=s.iw'ss ✓ - --- .._ --- _ .-•s ss,T9.;..RLc!✓ - skr-Aa -4. - ... .. . Y71k f -=. - - -Al-St°SSel✓ _. - ._ _- 3 f Ai 3L•ge'c✓ for:A'=GS:G9 At �r ',N LoT A ro r -L 70. $q i°`.:: .... .. 94.32. _-.... . .lass'»e-4' 1.90Ac,es* .. _. .. t ff . H --_ Le'--II I... c--err 4J . --:__ -'— -._c:....-- -_ .... - ._: :2u .... .r jj . f I _:-RAW - - - - ._.v�(� . st-a z-43.47r :__ � ... .. ... app___... - _ . -- - _ A7 t.2O.3.4%.hi. . .. LOT B � ., .-_N+z4.23'c✓- �- .-,..>. .„ h --= N - -- - -- - - -__ . .. . - .- --- ---. _ .. __% 4 ......_.-.-- .:- ..... --.— - -- . 3i A/ i7'�o:.6Y .. . . -- -.. L45• ... }sera •--.� Ew.:TAr -- ;8sv ---- ._ _ -. //�.^ -- - swat,Las. Sec 33� -7aI *4L uI (-::.�1�Gav�4. .:. ::-:.r_..- ..... da-u13 vt tit/72 t taat::-'EL-E-::::-.1-.............---=---r-- .. • 1�litnis f\ iL1-AEI • __ — K Ic Myrna -SWEAT !et _-- as 4• 1. �}�b.(..M{�O��.s ... QTY 33 ,.... frTtnnu,p+��• f -: - LOTLQ' • N r Y L � 3 i • Y SEVERANCE s-n' N 74 I EATON 3 ai. 311. VICINITY SKETCH ft 2eof WFCTFRN TFr.NNlr.el crPv1rFS l? r. Project No. 81- 354-01 \.3 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 111111DFebruary 17, 1981 C. COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #482 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Ada May Guard for a recorded exemption. The parcel of land on which this request has been made is described as part of the SW4, Section 33, T7N, R66W of the 6th P.M. , Weld County, Colorado. The property contains approximately 70.59 acres of Class II irrigated soils. The request is to split the property into parcels of 1.9 acres and 68.69 acres. On December 31, 1980, the Board of County Commissioners approved a request from Ms. Ada May Guard for a lot size variance so that she could make application for a recorded exemption. At the time they made the decision on that request, the Department of Planning Services Staff submitted a letter of recommendation to the Board. A copy of that recommendation is included in the attached packet. Nothing has been received by our office that would change our recommendation of approval for this request as outlined in the letter to the Board of County Commissioners dated December 31, 1980. This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Respectfully, Vickie Traxler Assistant Zoning Administrator VT:rg 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 . RE. 4%L APPL . FEE tattoo° ZONING DISTRICT A RECORDING FEE 'y, Oo , 293 DATE p-all $1 RECEIPT NO . IIbIb APPL . CHECKED BY ITT 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 : All that part of,the SW% of Section 33, Township 7 North, Range 66 West of the 6th P.M. , Weld aunty, Colorado, described as follows: Beginning at the SW corner of said Section: Thence in an Easterly diredtion along the South Section line of said Section 1,850 feet, to the east bank of dividing lateral, thence alon the il'ast bank of said dividing lateral by true bearings (var. 15° East)on following courses: North 9°2' West 265 feet; thence North 17°10' West 314 feet; thence NVrth 24°23' West 474 feet; thence North 28°34' West 275 feet; thence North 32°43' West 300 feet;thence North 35°58' West 413 feet; thence North 36°40' West 615 feet;thence North 38°55' West 210 feet more or less to iron pin on East bank of dividing lateral 150 feet South of East and West half Section Line of said Section; thence in a Westerly direction 150 feet South and parallel to said half Section line (over) ACREAGE: Lot "A" /. G cAtC4 s ; Lot " B" v s. & 7 Aci2 ; Total 7 o .5 7 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No Are there any existing improvements on Lot A? Yes x No Lot B? Yes x No FEE OWNERS OF PROPERTY : 0 West live Street Name : Ada May Guard Address .brt aoJlins, Cu Phone 482-0148 Name : Address Phone Name : Address Phone WATER SOURCE FOR: Lot "A" qy 2rii W O ; Lot " B" ,,j(,r,' rra w,= u-) nrc. 1/<r•-' K TYPE OF SEWER FOR : Lot "A" I ,=,, , f, ,-,c 4.° ; Lot " B" NQ ,,; ,- PROPOSED USE FOR : Lot "A" r Es/ ociur/ A1L ; Lot "B" AG/LicaLTvnAI- 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 LARIMER ) STATE OF COLORADO ) -L -e Signature : Owrr or Author5zed Agent Subscribed and sworn to before me this 29th day of January , 19 81 . SEAL otary Public 3-23-81 My Commission expires : 4 350 Feet to pipe on West E tion line of said Section 15' 'outh of West Quarter corner; thence in a Southerly direction along West Section line 2,482 feet more or less to POINT OF BEGINNING. Date: December 1, 1980 ((:(2 42\ E� czs0 A;. D 1 `/ IJ' �cE� - -° To: Weld L'ounty Planning Office cp tostl c; p�stnieE tcss;csbt �o O From: Ada May Guard �l�9ZSZb��2j�� 730 Vast 0live: Street Fort. 'ollins, CO 80521 I want to sell approximately 1 3/4 acres: of the approximately 70 acres I own in the SW% of ectien 33, Township 7 North, Range 66 West of the 6th PM , Weld County. A sketch of the property and a copy of my deed to it are attached. I am not going to offer this land for sale publicly. If I am permitted to sell, it will be sold to Ralph Prior. In our contract, Mr. Prior and I will give each other the first right of refusal in case either of us decides to sell at some future time. The proposed sale would not change the use of any of the property. In fact, this is an "attempt to stabilize and continue the situation which now exists. I have leased this farm to Ralph Prior for the last six years. This relationship has been satisfactory and profitable to us both. I want to make this sale because I must - at 68 years of age - anticipate the time when I cannot manage the property myself and the time when my children will inherit this farm. This sale would increase the likelihood that Ralph Prior would continue to lease the farm and would, when the need arises, take over the management of it completely. On the other hand, Mr. Prior, altho-x a successful tenant farmer, is unable to buy a place of his own at present prices. For him, buying this small tract and getting the right of refusal should the rest of the farm be for sale would give him the satisfaction ofmaking a. step in the direction of his goal of land ownership. The tenant house which is on the larger parcel is occupied by seasonal workers. I do not live on this property myself. pLx-rt- .. Ro..\Pv, ara Co-co‘‘sv, -War `7/yt.K 'SLZ 0x58 v{ E&kbv., Ce, to latS �( P��. '1c4 -'11 b4 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 _ -- 915 10TH STREET GREELEY,COLORADO 80631 December 31 , 1980 i COLORADO Board of County Commissioners Weld County, Colorado 915 IOth Street Greeley, Colorado 80631 Re: Lot Size Variance #122 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Ada May Guard. The property on which this request has been made is described as part of the SW4, Section 33, T7N R66W of the 6th P.M., Weld County, Colorado. This property is located 3 miles east of Severance. The property under consideration contains approximately 70 acres of class 11 irrigated soils. The request is to obtain a variance from the minimum lot size requirement, Section 9-4 A. (6) of the Weld County Subdivision Regulations, so that she may make ap- plication for a recorded exemption. If this lot size variance if granted Mrs. Guard will proceed with an ap- plication for a recorded exemption to divide the property into two parcels. She has submitted a detailed letter dated December I , 1980 which sets forth her reasons why she is requesting the lot size variance. 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: I . The request conforms with Section 9-2 of the Weld County Subdivision Regulations ( intent clause of the recorded exemption procedure, Section 3-3 A. of the Weld County Zoning Resolution ( intent clause of the Agricultural Zoned District) and the Weld County Comprehensive Plan in that each proposed parcel does have an existing set of improve- ments. The use will be compatible with surrounding agri- cultural uses. The request will allow agricultural and related uses to be the predominant land use. There will be no reduction in the amount of land currently being used for agricultrual production. Furthermore, this action will not cause increased impacts from residential development on the parcel in question or the surrounding area as residential improvements exist on the proposed parcels. Y( Board of County Commissioners December 31 , 1980 Page 2 2. This request complies with Section 9-4 A. (6) of the Weld County Subdivision Regulations because in the opinion of the Department of Planning Services Staff, the applicant has shown good cause for the variance. Respectfully, au.a. ausk, Chuck Cunliffe Assistant Zoning Administrator CC:rg x U, A LICANT Ada M. Guard G CASE n LSV-122 r 'REFERRALS SENT OUT ON: December 12. 1980 0 REFERRALS TO BE RECEIVED BY: December 24, 1980 Cs E1 z - Ua ,Ui U) a1 H {a O U CC - ca p. REFERRALS RECEIVED = coarctsxxAttarDecyx J DEC 221980 County Health County Engineer DEC`2 2 1980• • 1 • 1 • • ___----y- • `• FIELD CHECK FILING NUMBER: `--SV - `Zi. DATE OF INSPECTION: \Z-'Z2-leo NAME: Li o cA REQUEST: LOIr G 'LG JV UOX\\o•-_v-CRr A , LEGAL DESCRIPTION: P} . 'fJ� G- b3 )T 1 1\ ) Z (S(PV4 LAND USE: N Nee. CAA \` a .+a\ 7VC ZONING: N Ptrtc‘,t,4tA/f-0.k LOCATION: 3 Nt i\es '€1, 4- tkt E :: Set a/ .0W W Nair;t k\ku rAk COMMENTS: " atat\ �0.. d e< % s ` \h - q vie s•1/4 ` P ` \way QO tC&,c 0.,..0. 1,1 L4 .` 1 ii)e1/4 VC rock 1NIS Leh Su e0 , t'1kr;s� \ oee4t& 0. Y10eA-h \ besi tt P r f \ A.c "kw s oa riots 4t) Y BY: 6.\\/t920. f is ! ‘1/4 / 1 i . .. hh �' f a Y / wTa t r �r. € � ! ` HL W S fY"Ni Iti .f x .tii > 711 • R /, yy 11; Y _... { \ w CL 9.O // 1. i�l *N\ k 14111 �•n.. ii\ lei 1 tat. 4 v w }G 1 .., , '... , , Oh ; - 'Yt 18 the4 • J�r, }d' PC t } j �, 0 ,t.� /' P11 I ,„ l T � l/ ... , . . _ i\ $py .,, /,, , ,,, ,, \ ,,,eey I NILA19 l r LEGAL DESCRIF -ION 6/D 33- CASE NO. Ft 4,3a J I A9Y. I ` 33 -51r '61 `'r, .• 32 38 3 �.. 33 2 C $2i 2 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED cY4 TVA- e- /lie- .33 Hello