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Home My WebLink About820636.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 556 - DAVID C. SCHWIND 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. 556, being the property of David C. Schwind, described as part of the NW;, Section 4 , T3N, R68W 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 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 David C. Schwind 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 9th day of June, A.D. , 1982. 7; BOARD OF COUNTY COMMISSIOENRS ATTEST: /!/? [ t,aividtAin. ' `^^` WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Join T. Martin, Chairman By: ),- G Deputy County Clerk uck Carlson,, Pro-Tem APPROVED AS TO FORM: > / Norman Carlson / County Attorney C . Kirby ` , gZe / �L X97 k7,? .4--m, e K. Steinmark DATE PRESENTED: June 14 , 1982 )r PAR I " IL NTC PLANNING SERVICES PHONE 130313564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 wiipe June 9, 1982 COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #556 Dear Commissioners: The attached application, plat and related items are in reference to a request from David C. Schwind for a recroded exemption. The parcel of land on which this request is being made is described as part of the the NW4, Section 4, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately two (2) miles northwest of the town of Mead at the intersection of Weld County Roads Sand 38. The property contains approximately 82.39 acres of Class II and III irrigated soils and II and IV nonirrigated soils. The request is to divide the property into parcels of 60 acres and 22.39 acres, more or less. The applicant would like to correct an illegal lot situation, where 4.33 acres were divided illegally from the 82.39 acres in September, 1974. Both lots are proposed to 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 82.39 acres, more or less, under consideration will allow agricultural and related uses to be the predominant uses. The uses will be compatible with existing surrounding agricultural uses. These facts support the proposal as being consistent with the intent clause of the agricultrual zone district. en0636 Board of County Commissioners June 7, 1982 Page 2 - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land divi- sion complies with the Weld County Comprehensive Plan; therefore, the proposed use is not inconsistent with eff icient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum size requirements for land division. - The Little Thompson Water District can adequately serve both lots as indicated in a telephone conversation on June 4, 1982. - The two proposed lots will have adequate access from Weld County Road 5. - The Weld County Health Department has indicated in a telephone conversation on June 4, 1982, that both lots have adequate sewage capacity. Respectfully, CIO Littali Greg Ox enf ell Planner GO:rg e--#0636 FIELD CHECK FILING NUMBER: RE-556 DATE OF INSPECTION: June 4, 1982 NAME: David Schwind REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the NW14, Section 4, T3N, R68W of the 6th P.M. LAND USE: N Farmland E Farmland S Farmland W Farmland ZONING: N Agricultural LOCATION: Two (2) miles northwest of the E Agricultural town of Mead S Agricultural W Agricultural COMMENTS: The improvements on the property consist of one (1) principal dwelling and a barn and corral on proposed Lot "C". with one (1) outbuilding (no water or sewer) on pronosed Lot "A". The remainder of the property is farmland with a slope to the northwest. BY: V/1; 4 k''. %Q L'/ Greg O* nfeld, . Planner GO:rg e20636 X APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street, GreeleiColorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE 4 475--op-__--/Z 32-g `ZS/f �(?�--CASE NO . /\ 5 $6 RECORDING FEE ZONING DISTRICT / RECEIPT NO . DATE ?/ 1 L 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 : !S .° 9 f C.tt d a/ , it/ TOTAL ACREAGE : " ., ='i Has this property been divided from or had divided from it any 7 / other property since August 30 , 1972? Yes No d' ig,,,, 4,2,/ FEE OWNERS OF PROPERTY : Name : / /th, r), c 'F'AL/%!/£ 4«,f.,yr:J Address : /ice leg 116✓1� /et t,,I7/1/,‘4J T Phone : '7�< ) ' r-�`, Name : ,c_,±11;:2,926,74//: � , ,, / ` {°/(W/A l{ Cz 1 i re/ Address : .J72_;tir_ Phone :5i-,« Name : Address : Phone : WATER SOURCE : Larger Parcel/tiZ YA ,te. Smaller Parcel /}fe 7Xciy:t4, TYPE OF SEWER : Larger Parcel uve ^Trc Smaller Parcel c/crtr PROPOSED USE : Larger Parcel /4/W/,174,77 Smaller Parcel //7 0 W,- c ACREAGE : Larger Parcel ir ,,ti, c Smaller Parcel ,tix,“ / /,- , EXISTING DWELLINGS : ( Yes or No ) ( Yes or No ) . L- I hereby depose and state under the penalties of perjury thatall statements , proposals , and/or plans submitted with or contained within this application are true-and correct -e the be 51.-t of my knowledge . �t COUNTY OF WELD ) (7-4, 47( STATE OF COLORADO ) / S , nature : Owner g or Authorized Agent Subscribed and sworn to b fore me this Litt day of . 19 81 . ( S;_ AI ) - C '/ Not a.4y Publ i c kw CO ISSI0N EXPIRES OCT. 1, 1983 My Commission expires : \ , e-"0636 �( PROPOSED RECORDED EXEMPTION David C. and Susanne H. Schwind 17554 Weld County Road 5 Berthoud, Colorado, 80513 Phone: 535-4275 IV. Applicants Requirements. Section (B) 1. The purpose of this proposed recorded exemption is to correctly divide our farm so it is naturally functional, practical and appealing. . 2. The intended use of this proposed division is to remain as is, agriculture. 3. It is our intent to preserve agriculture in this area as is the County's. The surrounding land is used for agriculture as is this land. 4. The use of this land would remain agricultural, only it would be more functional and practical. Once divided as proposed it will be more compatible with the surrounding agricultural land. 5. The surrounding area is made up mostly farms. There size vary from very small to large acreage. There are however, some small one acre parcels with hones. The zoning and use of the land in the area is agLicultural,as is the proposed division. 6. There are no developenents in the area. This area has been developed into good agricultural ground in the past and will remain so for many years to come including this proposed division. 7.This division is not in the Overlay District Area to our understanding. 8. Copy of Deed and Legal attached. 9. It is our understanding that around September 1974 this 82.39 acre farm was divided illegally into two parcels. Parcel "A" 78.06 acres and Parcel "B" 4.33 acres. We brought this farm in May 1979 and have become aware of this situation since then. We feel that this present situation is unfunctional, unpractical and unappeall!, gs. Our proposed division will correct these mistakes made in the past and put this land back in line with Weld County's goals of functional and practical agricultural use. E' 1636 X. ,' . f al *� 'Ail ;t r n • b ''':&ae..'a . . " 1� j r'"C b ...� ,T p i it, i ' 4 Kw •3 ,,,N, a Y r ) y` .1'.;l �" 'O ?•., }t L ; } -.5.-.. Sr R � Y � .w•{ 4 q, ''' ''^':- ...:.r- p f • R p '•4:-'1-1,''''''''-- ,r df• � •^� � ��dj • , ' ' (.tt ( � ��•y ��t4,4r ry. �'t • � � . l i r f +kGs — Ja 9 r s•' , r_,80a. �y't !^ t Y .J '.trims, $p 1 _ n 6 ', f w. '' 1 s' a�f i.'.k I. S �p ^w,h P ,1' p 3 ' n a.e i�� .Ni� 1 �y }' YI a°,,,',:t & � 7• - �� i 'R;r la nw.nr..wuSk«K a .. •J+,s i:�. T LEGAL DESCR |[ . ION CASE NO. 'E-SSA -. -.(c'ep #2 . e 3: \ }-�- ` \ . 2 \ .14 ‘11. mz / \ \ v«©±2 > \ /a/ ri C / \. © °f � ` ` \ \ ;< > « \ \ ! » ��\ ��, . • � » \ \ .= � ^ �. . . SOIL CLASSIFICATION OLD NO NEW NO. IRRIGATED NON - IRRIGATED a, a % ?SD% �& E. r0636 / 00 0 `r ^ a- tD • II , I , d I y s UI LI W Q e,o ° 'W tel la i ` r w y M 89✓� n el V o m r 'U0J �I MN K b /r 'J9$ !. \J Uh 4 42 a \ eo IS'Sh ll ' c. cb p }3&o tid — _ ,o ?4 *es -t9 eb'd I 2 2 lel sb '66[ M e ' O V I I y e o ¢" / �eit, N N v v cc z n t f t• — — (no rtl inn-Lw!)— — — — — — — V 3/1117 NO/SMIQ. geOciOad• a o' J I a L. w= I .1 z 0 a �o a ;^ A y its. (ar in 2 , k Y cc - i in Co 3 m — Q a 3 J W v a ct Ul d a 0 n H9114 HSI . I • ,9E 'IEtI it MP,a-NC1 -h 'Jas ha,' AiN sE Pb 'a 'PA REFERRAL LIST APPLICANT: David Schwind CASE NUMBER: RE-556 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY June 2, 1982 m m z ocn rn H ¢ Z H Q Z cOi O ZZ Z 0 O Z o ti HZ N h wH1 in N O U O O U O O.'i W U W U O Can r4 O O c a z County Attorney (plat only) Ish Reservoir Co. c/o Mrs- Jane F. King Weld County Health Department 1908 Riverglen Drive Berthoud, CO 80513 Engineering Department 532-3328 V X -- County Extension Agent Highlandlake Lateral Ditch Co. Colorado Geological Survey c/o Clayton C. Claus, Pres. 1313 Sherman Street 3759 Weld County Road 36 _ Room 703 Platteville, CO 80651 Denver, Colorado 80203 535-4324 Colorado Water Conservation // Town of Mead Board X c/o Debra J. McDaniel Centennial Building ` P.O. Box 217 1313 Sherman Street Mead, CO 80542 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 e° 0636 E RECORDED EXEMPTION NO. 1207- 4 -2- Hit 556 N. LINE-14W 1/4 NW COR. N. 69° 01 ' 40" E � I,231.36' S E C.4 ---- O O . -�S2:fiD- _ f -- _-1�J-1 -0SrH_ _— -0 S 3 z w 0 z_ J 4 co m 0 m a 3 - , N m LOT A , M,4, m co 0 - o: 41 --t• N J, vi in: O n & tO•J G Q Q 3 1,387. 29' - - _'.'-, N. 89°2S'54" E. S. 89°25'54" W. M 1 'C.r 'a,. _ _ 11.10 ° • h 1'3$7.29 h W 10 co v 0 0 0 n b al o LOT B 0 O J� O N.90°0000"W / Z 87.16' 1W O .-m 3. 'a m SCALE-I°= 300' N 0.• N.90° 00 '00 " W. 1,145.51 ' o _ °� 'in - LEGEND - .• . . p ' v1 0-PIN SET. N ' ``- ° m 40,1I-PIN FOUND. O W li4 COR. 0 w DATE-JUNE 25,1982. 7- AREA LOCATION MAP 1 LOT A - 61.6 Ac . c°.a°.ae - i-- LOT B - 20,8 Ac. r0, TOTAL- 82.4 Ac. o \ o1>Si TE`�\\. , u t ,�� VIII 0 o ° i 4 ik °ç i �I cii / N I I! �I F),0636C SCALE-I "= 2000 �`�R�I. 3c SHEET 101 � EC0RDr _ F E " PTION NO. 1207 - 4 - 2 - RE • 556 , - :T •;. . DE. _ t I al • .-t i the s ..'t Quarter of t� ..• .t e,.^ :^ C - c o ._.t p.. cn �f '1: ti.est qua_ 4eY •e. .._ c:a �, _• �.�*_ip 3 h:.rth, .ge ��-_ :+e t �.. _r:e [• Et:. r.*i. , Weld County, Colo ado more particularly des;: '.bed as :renews: Considering the West line of the Northwest •7,,eart.er of said Section 4 as Leering North _:, '00' O '-:.•t ,and with all boari:gs eontained he'-ei.n relative thereto: i' . .L`. firing at the Northwest corer of cad faction 4+; then e along the North line ef said y ... :•::. Jc t C:ir'r':ter of Section h, North 8 °O1'LO" f=ist 1..211.3E feet; thence rc•uth 28-41'e5" Fest .` ;r; 'set m r leer to the pprex'_ e e .� f the mead •ate el; `hencee`.. .. 'n[ F'. id ,. c. ee ate :.^ c , eeereeieele centerline the following three 3) c_ •.i ses end cl stSnces; (1) :oath 2!: C,±'3 " .:est :302-9 feet; (2) . euth 15-318 . 33" West 1,370.73 feet; (3) South 5.2:e'30" Fact L'.39 feet; ' '.�. ...t e fie� ;t • t�^th .9U OC'OU" West 87.16 feet; t}_•ice Fc.uth &O°UG'UO" West =3.6j `'eat; thence I:':-th re 0 03 'pest 1,145.51 feet, acre or less t: said rest line of the fie. ,::west Zeeerter of act ic: • 4; thence '° t " t. 2 1 feet a along said West lane, North :� . UO h7 Sa .tL�?• .�7 fee.. .c `}:e 2,;:�r.,, cf bar°:z.:::,g. She r:.bo .e described tract contains S2.'-• Ac:'es, mere .:r less. rub,'ect to a County road right of way 30 feet of even width along the entire North end 'e::t • c:d.es of the above described tract. Sub, ect to any rights of way, easements or other interests that the Ish Ditch and the "cad Lateral may have in the above described tract. :'ub,`ect to any other rights of way or other easements as recorded by instruments of record or as now existing on said described tract of land. 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. -;LL,//' "I () iiteerej. Tie foregoing certification was acknowledged befor me this c.) /_O7 day of u(' A.D. , 1934_ v N',r commission expires: r7— ?-- v NOTARY. PUBLIC Witness my hand and seal QT �y i,/ .:1(,.-.O u)/-3,tJ ( 77q 7Zu'i'LY e . ";. V IOF'S CERTIFICATE hereby certify that this plat was prepared ;wader my supervision; and that the same is _ _rrect to the best of my knowledge and belief. • oji L. Roy . 4e 0,�ii5TE Registered Land Surveyor, else. T7ege#116S2 116$2 The i. plat i t n .r, fee rt t n... -lie•% ueel e „✓r • - c c ompany ng s accepted and s.p1. . sd _e _ i_-_ !; ••a....ee • --- --a-Z1473-7 .. firs el' t:e I°a (%f ^:'y, n`y r, t,_;c! ..R/4 -es ..:!arty Clerk and :.ecorder C-7---Y ?f-472:-.6-4:-&/ Cile-7 -,-.44-4-2-• . :a.e.e.d e57 43 /ZeoL: . • e''063s SHEET 20F2 Hello