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HomeMy WebLinkAbout820633.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 553 - HARRY A. ANDREWS 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, the Department of Planning Services staff received a request from Harry A. Andrews for a recorded exemption, and WHEREAS, after review, the Department of Planning Services staff recommended denial on said request, 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. 553, being the property of Harry A. Andrews, described as part of the SEa SEa Section 25, T5N, R65W of the 6th P.M. , Weld County, Colorado, being more particu- larly described in the plat which shall be provided by the appli- cant and known as Exhibit "A" , 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, said plat to be recorded. 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 Harry A. Andrews be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . 820633 Page 2 RE: ANDREWS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of June, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i r i d/)�%iP 1/2,, Joj?n T. Martt]inn,, Chairman Chuck Carlson, Pro -Tem Norman Carlson t L 1 .�r W Kirby ATTEST: a 1/ 14tes i e K. Steinmark Weld County Clerk and Recorder and Clerk to the Board BY 7i7{,l Deputy County Clerk APPROVE AS T 2 v County Attorney DATE PRESENTED: June 7, 1982 ?0633 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WIID € June 2, 1982 COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #553 Dear Commissioners: The attached application and related items are in reference to a request by Harry A. Andrews for a recorded exemption. The parcel of land is described as part of the SE4 SE1 Section 25, T5N, R65W of the 6th P.M. Weld County, Colorado. This property is located 31 (three and one-half) miles southeast of Greeley on Weld County Road 52. The request is to split a fourteen acre, more or less, parcel into two smaller parcels of 7 acres each. There are no improvements on the subject parcel. The owner would like to develop two residential 7 acre lots. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services staff recommends the request be denied for the following reasons: 1. This request is not in compliance with the intent clause of the recorded exemption procedure. Section 9-2E. of the Subdivision Regulations states that the Board of County Commissioners shall approve the request for the recorded exemption unless it finds that the applicant has not met one or more of the standards of said Section 9. - This proposal is not consistent with the intent of the agricultural zone district in which the use is located. - The uses which would be permitted will not be compatible with the existing surrounding land uses which are agricultural in nature. F?0633 Board of County Commissioners June 2, 1982 Page 2 The uses which would be permitted will not be compatible with the future development of the surrounding area as permitted by the existing zone and with future develop- ment as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. This parcel of ground was originally Lot B of recorded exemption #249 approved on February 23, 1977. That action entitled the owner of Lot B to build a single family residence on the fourteen acres. To further subdivide this parcel of ground would not comply with the Weld County Comprehensive Plan because it would encourage urban encroachment on rural land use. Approval of this request would double the residential density on the parcel and place a greater demand on the County to provide services which residential uses require, i.e. fire and police protection. Respectfully submitted, I/07 LvL0h.- Rod Allison Current Planner RA:bn 6''',4633 FIELD 'HECK 1' I LING NUMBER RE 553 DATE OF INSPECTION : February 16. 1977 NAME : Harry Andrews REQUEST: recorded exemption LEGAL DESCRIPTION : part SE4 SE4 Section 25,_ T5N, R65W of the 6th P.M. , Weld County, CO LAND USE: N Agricultural (Dry) E Agri-business (Turkey Farm) S Agricultural (Irrigated) W Agricultural ZONING : N Agrirttltttral LOCATION : 31 tai l pc gntttheaqt of f;rc eley E Agri rtt l turn l on Weld County Raod 52 .5 Agricultural W Agricultural COMMENTS: The subject property is dryland with no improvements. BY: from staff records A. LIGATION FOR RECORDED EXEL LION C r r� L PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado ► FOR PLANNING DEPARTMENT USE ONLY : ---_--- APPL . FEE C1 C; ` CASE N0 . �� � RECORDING FEE / \ ZONING DISTRICT C..- RECEIPT NO . (2 )i f DATE 3 — 1U -- '_ 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 Commissioners. LEGAL DESCRIPTION : West half (W?:) of Lot "B" (recorded rxemntion No . (Y61-I:5-4_TE_24n) that part of section twenty-five (See: ^5) lying south of Union • Pacific Railroad right-of-way, township five north (T-57) , 'range sixty-five west (R-65W) of the sixth principal meridian, T?eld County, Colorado TOTAL ACREAGE : 14 acres Mil., Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes Y. No FEE OWNERS OF PROPERTY : Name : Tlarr7 A . Andrews Address : 12,70 25th Ave. , 1reeley, CO - Phone : 35?-x-532 Name : Address : Phone : Name : �-�- Address : ---- -- _--�_ _ ----- Phone : WATER SOURCE : Larger Parcel r. C.H.D . Smaller Parcel C.T".r. • TYPE OF SEWER : Larger Parcel Septic Tank Smaller Parcel Septic Tank PROPOSED USE : Larger Parcel Residence Smaller Parcel Residence ACREAGE : Larger Parcel 7 acres 'I/L Smaller Parcel 7 acres a /L EXISTING DWELLINGS : (Yes or No) No No (Yes or 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 . COUNTY OF WELD ) STATE OF COLORADO ) , 'Sign ture . Owner or Au orized Agent Subscribed and sworn to before me this . �[ day of 77-x1_' 19 l r (SEAL ) Notary Public -- — %3._ai- /4 --e'o.) -c—e My ommission 'expires : X 9,0633 /\ April 30, 1982 Weld County Planning Commission Centennial Center 915 10th St. Greeley, CO 80631 Gentlemen: In compliance with the procedural guide for recorded exemption, paragraph 4, subparagraph B, subparagraph 1 through 7, I am submitting the following information: I have an offer to purchase the west 7 acres of a 14 acre parcel known as Lot "B" , recorded exemption No. 0961-25-4-RE-249, a part of Section 25 lying south of the Union Pacific railroad right-of-way, Township five north, Range sixty-five west of the sixth P.P . , Weld County, Colorado. This property will be used as a residential building site. This property is no longer useful as agricultural land in that it is too small to be utilized as a grazing unit and too sandy to be used as a dryland farming unit. It will be compatible with uses in the area as there are a number of residential acreages 3/4 mile west of the property on Weld County Roads 47 and 52 and two miles south of the property on County Road. 49. This exemption will not be inconsistent with future orderly development in that it is four miles from the nearest municipality and is surrounded by farmed agricultural land. Sincerely, r0633 An easement currently exists for the Gilmore Canal 40 feet from Center line of Ditch, North _.... NI eD D.teh ;, rn c� m cry o sv Proposed Building Site CH- AQ 1` os, ,per � � n LOT A ae LOT B o Na 01 650' 650' South line section 25, County Road 52 Lot "B" recorded Exemption No. 0961-25-4-RE-249 Section 25, T5N, R65W Scale - 1 " - 200' 6)?0633 X LEGAL DESCRIF CASE NO. 'c� -S�� `3'S-S-C� (Lo- ;Re-aLla7 W.. ,tk OO6 21 25 69 69 70 69 _ .. 4 h 1 SOIL CLASSIFICATION OLD NO. NEW NO. 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' .'.'4 'r`C al.4`‘, F +a 2 • K . 1 { i ++ t• a. fri r 4 h- Mat 9� tx . ,Y t %*.„ N - • r i a L REFERRAL LIST APPLICANT: Harry Andrews CASE NUMBER: RE-553 SENT REFERRALS OUT: May 14, 1982 REFERRALS TO BE RECEIVED BY May 26, 1982 z z o m o Z z H Z H H H 0 Ct 6 41 H H CO U U (Z 0 0 U 2 0 h W z [Ct[z� W e)4 O U O N O U O Cr) W U W U z W a z Z MW z County Attorney (plat only) Adolph Bohlender, President Farmer Reservoir and Irrigation C4 _ Weld County Health Department 80 South 27th Avenue XX Brighton, Colorado 80601 Engineering Department 659-7373 X XX '-- County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 7 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 State Highway Department 1420 2nd Street Greeley, Colorado 80631 -1 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 8?0633 CENTRAL WELD COwsz WATER DISTRICT 105 - 18th Street Greeley, Colorado 80631 May 10, 1982 Andrews & Company Harry A. Andrews 25460 Weld Co. Rd. 49 Greeley, Co. 80631 Re: Water Service Dear Mr. Andrews: This letter is in response to your request for water service to serve the following described property: Lot B of Section 25, T5N, R65 West of the 6th P.M. , Weld County, Colorado, South of the RR. Water service can _ be made available to the above described property provided all requirements of the District are satisfied. Additional consents: Central Weld County Water District requires that contracts be consumated within one year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT ca 7 L,%4> Dele D. Olhausen Manager % DDO/lh P9,0633 ASSIGNMENT /800 (Standby) Np-A'-4 FOR VALUE RECEIVED, I/we hereby sell , transfer and assign to Andrews and _ Company, c/o Harry Andrews , One 5/8" water taps in the CENTRAL WELD COUNTY WATER DISTRICT, on my/our property described as follows situate in Weld County, Colorado, to wit: Lot B of Section 25, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado South of the RR. It is understood that these taps were purchased for the aboved described lands and may not be transferred to other lands, without express, written consent, in addition to the below consent, of the CENTRAL WELD COUNTY WATER DISTRICT. I/we further authorize the Secretary of said District to do any and all things necessary to effectuate this transfer on the books and records of said District. I/we hereby state that all water rates and charges and other monies owed to the District have been paid and if not, shall be held out at the closing of the sale of my premises. IN TESTIMONY WHEREOF, I/we have set my/our signatures this -.Z7day of - L� , 197' . SE R: Ha A. A Brewss SELLER; Catherine S. b I/we further agree to pay any and all charges hereinafter levied by said District for said taps and to abide by all regulations adopted by said District. ACCEPTED: Andrews & Company Buyer B : /.G4- Buye Harry Andrews CONSENT TO ASSIGNMENT I , Dale D. Olhausen , Manager of the CENTRAL WELD COUNTY WATER DISTRICT, hereby consent to the above assignment on behalf of said District. Manager Date: /272-1? /2 ' 're?,1633 DEPARTMENT OF PLANNING SERVICE: PHONE 1303)3564000 EXT. -4p( 915 10TH STREET GREELEY,COLORADO 80631 k May 13, 1982 • "'. ® CASE NUMBER RE-553 COLORADO REFERRAL I �! f "o I1 1i) TO WHOM IT MAY CONCERN: Enclosed is an application from Harry A. Andrewgj,.A C6 Planning, Cnmmiccinn for a recorded exemption • The parcel of land is described as part of the SE4 SE4, Section 25, T5N R65W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this applicat}on has been submitted is 3.5 miles southeast of Greeley on Weld County Road 52 This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 76 1982 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. }( We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to . 3 . Plea refer to the enclosed letter. Signed a.9,0 Agency Ctnc�;Weer . ✓ Ci Date cli-7(g1:-O -0 xxexf kd, Plan er Greg O n_n•rc, 6)9'0633 RECLADED EXEMI- TION NO. - 5757q DATE : JUNE 14, 1982 SHEET 1 OF 2 OWNER: HARRY A. ANDREWS 1870 - 25th AVENUE GREELEY , COLORADO 80631 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH , RANGE 65 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO, SAID TRACT OF LAND BEING LOT B OF RECORDED EXEMPTION NO. 0961-25-4-RE-249 , RECORDED IN BOOK 791, RECEPTION NO. 1712694 ON MARCH 3, 1977 IN THE RECORDS OF WELD COUNTY , COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 90° 00' 00" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 90° 00' 00" WEST, 1320.89 FEET TO A POINT ON THE CENTERLINE OF THE GILMORE CANAL; THENCE ALONG SAID CENTERLINE BY THE FOLLOWING SIX (6) COURSES : NORTH 14° 22' 10" EAST, 226.95 FEET; NORTH 32° 31 ' 40" EAST , 330.59 FEET; NORTH 43° 00' 00" EAST, 216.08 FEET; NORTH 61° II ' 30" EAST, 136.00 FEET; SOUTH 85° 46 ' 20" EAST, 123.40 FEET; SOUTH 67° 11 ' 10" EAST, . 755. 17 FEET TO A POINT ON THE EAST LINE OF THE SOUTH- EAST QUARTER OF SAID SECTION 25 ; THENCE SOUTH 00° 09 ' 10" EAST, 420.24 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 16.536 ACRES , MORE OR LESS AND IS SUBJECT TO EXISTING ROAD RIGHTS-OF-WAY AND A 40 FOOT EASEMENT FOR SAID GILMORE CANAL. OWNER CERTIFICATE HARRY A. ANDREWS , BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY "...DIVIDE THE SAME _ASHpe ON THE ATTACHED MAP. - HARRY A. ANDREWS NOTARIAL CERTIFICATE STATE OF COIslAk )ss COUNTY _ac w.ffq_ ,..\\ THE RfGO1VG CERTI'FI iATE WAS ACKNOWLEDGED BEFORE ME THIS /L DAY OF w ...... - -', A. D. ,1982 BY HiR Y� €VIDREWS_ .',pi'', : c. ' y MY COMMISSION EXPIRES :MY Commission expires Sept. 15, 1983 ..;% c t• L,' ,•" Qs WITNESS MY HAND AND SEAL : -•-s.-e.00r277.:-.r.. �` a NOTARY PUBLIC CO0� - /38i oszsl L!._ \ acs- SURVEYOR' S CERTIFICATE m^-«-e-=-y, t�s• l`'�i I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON JUNE 14, 1982 , UNDER MY Sq mw.k�,ION AND THAT T SAME IS CORRECT RE TO EST OF MY KNOWLEDGE AND BELIEF. °�PSI to B. °rr RALD B. McRAE , PROFESSIONAL ENGINEER AND • LAND SURVEYOR, COLORADO REG: NO: 6616 q 'i < / ` f. /sue / COUNTY COMMISSIONERS CERTIFICATE • o`,:' THE AC .til, PLAT IS ACCEPTED AND APPROVED FOR FILING. o AT'fi' I1;bntF I� • r ; ;.1 E 2- z+rJ - (1.1- St.:, rJ T �> C Y CORK _ y C RMAN, BOARD F BOUNTY COMMISSIONERS BY : ;( i � " D-1""°2 DATE : ‘ -/( - E.2 el0633 NIcRAE & SHORT, INC. 1227 -8th Manua Grealay. Colorado 80631 PROJECT NO 62080 RECC �DED EXEMR r1ON . NO. ss3 SHEET 2 OF 2 rAn.roand 4 1 - WELD COUNTY RD. '•$4 RAt�R ,piC OA° AC aaao ___77 �' \ p CA p 0 4k 0 et e f ' v 0' 50' /00' (50' 200' .III, 0.,-4.44,...' �S Scale f 1 "• 100' , 4679 vtvEL COUNry RO S21 1 74 • , Pins found a : Pins set LOCATION MAP SCALE V.2000' N.E. corner Sec.25 Setek.nailavetCornPr dt's o Fram lies V S 46' p�4 �la�l d /23.4 20 E 4a' G G (.,,t.• i3c? _ sses s eoS fh ax, t \� SOP /( I \�\..69 30' 01 y //-0 6,6 X32,k, ILlid bo // LOT A LOT a --v° o S�� hA 8.305 Ac. Gross 8.23/ Ac. Gross H 43 43 /_. - O. 462 Ac. Road o° kl - 0.7/8 Ac. Road :N , NI' / 7. 843 Ac. Net m $ 75/3 Ac. Net Ni / Net includes 0.942 At. ditch ease p Net includes 0.6/2 Ac. ditch ease. - W t �i d o� 1f O O py / 00 C1 fl! 0- /n T ti in/ L- flit 0 all` 626.!8' _ 615.66' X41 l _4- — - 675. /6' ( 4 . 7 - ___ S. 90.00'00.w.. ---- /320.89' - -, lt�ELO COUNTY ROAD NO. 52 ! r en m° Sou/h Quarter corner Sec. 25 Southeast Corner Ye"r'ebar Sec. 25, r5N.,R.ss5K/. R.R. spilre-Ruht of Beginning &x;0633 PROJECT NO. ' ?cRAE & SHORT, INC. 1227- Eth Annus Orist.y, Colorado 80531 82080 Hello