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HomeMy WebLinkAbout810574.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 492 - HAROLD AND CAROLYN CECIL 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 22nd day of April, 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. 492, being the property of Harold and Carolyn Cecil, described as part of Section 23, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows, does not come within the purview of the de- finition of the terms, "subdivision" and "subdivided land" , pur- suant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended: A portion of the Northeast Quarter of Sec- tion 23, Township 6 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows : Beginning at the North Quarter Corner of said Section 23 , and considering the North line of said Section 23 as bearing North 89°38 ' 33" East, and all other bearings con- tained herein as relative thereto; thence North 89°38 ' 33" East, along the said North line of Section 23 , a distance of 2 , 638 . 82 feet to the Northeast Corner; thence South 00°00 ' 00" East, along the East line of said Section 23, a distance of 665. 22 feet; thence South 88°38 ' 37" West, a distance of 385. 74 feet; thence South 01°31' 05" East, a distance of 672. 30 feet to the center of the Union Pacific Railroad; thence along the cen- terline of said Union Pacific Railroad the following courses; South 61°08 ' 09" West, a distance of 846. 71 feet to the Point of Curvature; thence along a curve which has a radius of 3 , 819. 96 feet through an arc of 21°03 ' 18" to the left a distance of 1, 403. 76 feet to a point on the South line of the said Northeast Quarter of Section 23; thence South 89°49 ' 52" West, along the said South line of the Northeast Quarter of Section 23, a distance of 443. 59 810574 feet to the center of said Section 23; thence North 00°09; 16" West along the West line of the said Northeast Quarter of Section 23, a distance of 2 , 625. 85 feet to the said North Quarter of Section 23, a distance of 2 , 625. 85 feet to the said North Quarter Corner and True Point of Beginning, except State Highway Right- of-Way recorded in Book 1484 , Page 519 , Recep- tion No. 1260620. Said parcel contains 111. 593 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. 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 parcel of land owned by Harold and Carolyn Cecil be, and hereby is, exempt from 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, provided the applicants reserve an additional eight (8) feet of right-of-way along the south side of Colorado State Highway 392. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 22nd day of April , A.D. , 1981. `9* BOARD OF COUNTY COMMISSIONERS ATTEST: a4.44 ;_ no..na , ' '�f '� '"'`' WELD COUNTY, COLORADO Weld County Clerk and Recorder ABSENT DATE SIGNED (Aye) and rk to the Bo huck Carlson, Chairman (AYe) Deputy Coun Clerk Norman Carlson, Pro-Tem APPROVE S� FORM• ��--��2�� (Aye) � , C. W. Kir y Co nt�tor y (ABSENT) n T. Martin ne K. teinmar E10574 DATE PRESENTED: APRIL 27, 1981 RECORDED cXEMPTION No. 0801-23-1 -RE492 sre,�/tiy."?o.I•r! 2t-7174&7'5A.44.5zi- A/..69'99 33'E. , o. B2 " .7j.51`7, .�'ec:'46/ o ,t/. .gCb.-S /as9.82' - 1��Q�" ff11'. .1/E.•Cb - Ser.Q3 5'e9 it'r4 ,W Sec. 23 PU B. S45'/7r-Rii5-? i :8 "T6.f/,PG!{Y Lo7 ,Q 81 Got "B" .�T3O9Ac. B4.,c�Ac. CI 1f1. 593 Tofzr/Acres ocli ._ 3 4 , low. -: >9�` "vizs s : :0%.!,4=2/O3 8- ,4.e. -ACO3 ` s i Soa/r/_'5Gt:7" 9.89' S' d?3 • d5 'S/ l/i, Vfla . _._.. _._. _. _.... 0 6rfr-rapt,eei �01e i4 j' nn 392 .2C;$ */%;Zas )4 xe O Ntq L Sc!• Gearhart /s3,L1%s 1 C tin-4..Po!Glo le/C/A//7")• sASrcw sbzie,/-,gar" 6:1057 . NORTON, UNDERWOOD a LAMB PROJECT NO. 8118 11 0t,JI-23-I-RE492 6 oy 70og LEGAL DESCRIPTION 4f/3/gi A portion of the Northeast Quarter (NE,-) of Section 23 , Township 6 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colo- rado, being:amore ,:particularly described as follows . - Beginning at the North Quarter (N4) Corner of said Section 23, and considering the North line of said Section 23 as bearing North 89° 38 33" East, and all other bearings contained herein as relative thereto; thence North 890 38 ' 33" East , along the said North lime of:.Section :.23, a distance of 2, 638 . 82 feet to the Northeast Corner; thence::.South 00° 00' 00" __. East;- .along the East line of said- Section 23, a -distance of 665;22 feet ; thence South 88° 38! 37" West, a distance off 385 74::;. feet ; thence South 01° 31 ' 05"_:.East, :a distance of .67230 feet to .the center of the Union Pacific Railroad; thence along the centerline of said Union Pacific Railroad the following `courses, • ..! x t South 61° 08`: 09" "West,. .a:;:distance of 846. 71 feet to the Point of Curvature;_ .thence::.along-:a::curve which,has a:;.radius. of=::3, 819.96 --.. feet-=through::an. are of 21° 03'::.18" 'to` the.::left a distance of.::1,403.76 feet to a point...on:::the. South line of: the said_Northeast - ----- (NE3): of Section 23 ; thence '`South 89°`.49' :::52" West, along .the-=said .. .:: South==line:=of the=Northeast Quarter (NE%) iof Section ':23, a distance of 443.59 feet to :t the ycenter of. said Section: 23, thence North- - 00° 09'," 16` °West along the West line of the said Northeast Quarter (NE-) :of Section 23 a :'distance :of 2: =625. 85 feet to the said North Quarter (N1/4) of Section. 23 , a distance of 2,b25,85 feet to the said North Quarter; (N;) .Corner and True Point of Beginning, ...except:::State Highway Right-of Way recorded in Book 1484, Page 5I9 ; Reception No 1260620 .. .... _ - Said parcel _contains 111. 593 acres, more or_: less , "and::is subject to ...... . . ........_.... any rights-of-way'or other easements -s as recorded by instruments of record or as now existing on said parcel of land.--- • • I hereby certify that this plat aspregaed,nnder�y supervision.4pd, , that the same is co r hr` ct t. �tb5s my knowledge and belief 0. , trt W4'B, Co ora.of L , . No • e a We, Harold DeWayne Cecil and..Ca0' K, Cecil, being the sole owners in fee:::of the sabove _described property to hereby subdivide the same as shown on the attached map The f regoin certification was acknowledged:. before me this 161,11k day of NotaryPubli.c' ' dim �-�11 \[�i g& y Witness My Han a d Sea My Co ission /Expires The accom 'ng lat is ac epted and approved for filing. CHA OF THE B ARD OF::: N I 4 ATTEST: county Clerk 2 � Q,� '�./t/ j/Ll�l.[J eputy County Clerk 7 (, / jJD `Dated '� �o� �/, ��'-mac' •I. ��, v i 7 a • _ n 13%N , • DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WilC. April 22, 1981 COLORADO Board of County Commissioners Weld County Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #492 Dear Commissioners: The application, plat, and related items are in reference to a request from Harold and Carolyn Cecil for a recorded exempiton. The parcel of land on which this request has been made is described as part of the NE1, Section 23, T6N, R64W of the 6th P.M. , Weld County, Colorado. This property is located 11 miles west of Barnesville. The property contains approximately 111.6 acres of Class IV nonirrigated soi The request is to split the property into parcels of 27.3 and 84.3 res. Mr. and Mrs. Cecil have submitted a letter of explanation describing their reasons for requesting the recorded exemption request. 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. 1. The request conforms to the intent clause of the Recorded Exemption Procedure (Section 9-2 of the Weld County Sub- division Regulations) , the intent clause of the Agricultural Zone District (Section 3.3.A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the uses will be compatible with the surrounding agricultural uses. The 27.3 acre parcel contains a hog operation. The request will allow agricultural and related uses to be the predominant land uses. There will be no reduction in the amount of land currently being used for agricultural production. 2. This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. 610574 Board of County Commissioners April 22, 1981 Page 2 This parcel is Lot B of Recorded Exempiton #48, which was approved by the Board of County Commissioners on May 17, 1973. Therefore, this request will be the second subdivision of the parcel in eight (8) years. Due to the size of Lot A, the Department of Planning Services staff is concerned with the potential for resubdivision of the 27.3 acre parcel. The Department of Planning Services recommendation for approval is conditional upon the applicant reserving an additional eight (8) feet of right-of-way along the southside of Colorado State Highway 392. Respectfully, Oteku, "1 Vickie Traxler Assistant Zoning Administrator VT:rg 810574 ! APPL . CATION FOR RECORDED EXEMP . .ON PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY :CASE NO . ci_ 4 L APPL . FEE ScU ,c° ZONING DISTRICT Q RECORDING FEE (-A . O`C DATE ` eb-"L's csI RECEIPT NO . 11- O-) APPL . CHECKED BY -j '- 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 : SEE ATTACHED PLAT • ACREAGE : Lot "A" 27.309 acres ; Lot " B" 84.284 acres ; Total 111.f93acres Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes x No Are there any existing improvements on Lot A? x No Lot B? Yes No x FEE OWNERS OF PROPERTY : RR1 Box 66 Name : HAROLD DEWAYNE CECIL Address 1 Co 0624 Phone 353-5675 Name : CAROLYN K. CECIL Address 1i°Oo6g0624 Phone 353-5675 Name : Address Phone WATER SOURCE FOR : Lot "A" N.W.C .W.D. ; Lot " B" N.W.C .W.D. TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic PROPOSED USE FOR : Lot "A" Residence ; Lot " B" Farm Land 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 . .< 4 a.c ems/o LS- cd4:.7 ut ee-yis COUNTY OF WELD ) , Oa X: GOkc.L7C2 STATE OF COLORADO ) Signature : Owner or Authorized Agent Subscribed and sworn to before me this \* day of 'IIIA.AA , 19 nq .O1 SEAL VLQJ . ary Public My Com fission expires : e 0574 FIELD CHECK RE L-( aa DATE OF INSPECTION: 4- 2_1 8I ME: Mn c-rid rind C'acs-\•-,r. (etc,' l REQ:LST: LEGAL DESCRIPTION: Q{- (VE-ys <es ic.� a �� iN R(o4w LAND USE: N E ZONING: N LOCATION: 1 Ya ,_LQ\ u\Q•* E A th ' Imn LtiA-v A\4 S A. • COMMENTS : ' l r I I .. BY: 804-79-011 810574 oT Co Ags COLORADO STATE DEPARTMENT OF HIGHWAYS : ,I* DIVISION OF HIGHWAYS Weld County { 1876 SH 392 April 8, 1981 Cecil Exemption 11/2 Mi . W. of Barnesville on S. Side of Highway DOH FILE 45100 Ms. Vickie Traxler Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: We have reviewed the application for a Recorded Exemption from Harold and Carolyn Cecil , and we ask for your consideration of the following comments. 1 . Projected traffic on State Highway 392 indicates the need for 80 feet of right of way, 40 feet each side of the centerline. The existing width south of the centerline is approximately 32 feet. We ask that an additional eight feet be protected along this property by the appropriate means available to the County (preferably dedication) . 2. The creation of Lot "B" would result in a need for access to S.H. 392. An Access Approach Permit is required for any new access to a State Highway. Application for this permit can be made to the District IV Maintenance Superin- tendent at the address printed below. Thank you for the opportunity to review this exemption request. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER (, _I 64— _ C/^*. Albert Chotvacs Assistant District Engineer AC:da cc: D. M. Bower D. N. Fraser (2) 7 ` File: Crier-Jacobson via Rames c_ ,1 ,c - w/encl . �, 1GON -55 } � .,,CG.c\1a o P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 &O574 County Commissioners March 19, 1981 Weld County Colorado Commissioners: We are requesting a recorded exemption as per the attached plat. Due to economic conditions, we are forced to liquidate part of our real estate holdings. We plan to retain Lot A as our permanent residence, and Lot B is under contract contingent upon your approval of this recorded exemption. Your immediate attention to this matter is greatly appreciated. Sincerely yours , - rold DeWayne Cecil 2 ---,. (-7,-„ ,,k__ arolyn K. Cecil 810574 LEGAL DE SCR 1PTION -0--- ;� ",/, . CASE NO. 1-5---E -19, -4- _ • l' "*r -' r .) ,_.. * I i E .�Z4 ,. 4 ' O i . . - -.+ �.�� 72 ` ,^ IP /` . 4� • -I;. s . I' 4.+. 51 . ♦ •I 51 • . w. ••t'I 25 I ' fir-- - . + 3 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON — IRRIGATED 4 IL.L.0 ti w:5: _ S/ i„ c_.__, I 1 I I . 1 s I I I I I I e10574 - 1 COLORADO STATE DEPARTMENT OF HIGHWAYS ek* DIVISION OF HIGHWAYS Weld County ` 1816 * SH 392 April 8, 1981 Cecil Exemption 11/2 Mi . W. of Barnesville on S. Side of Highway DOH FILE 45100 Ms. Vickie Traxler Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: We have reviewed the application for a Recorded Exemption from Harold and Carolyn Cecil , and we ask for your consideration of the following comments. 1 . Projected traffic on State Highway 392 indicates the need for 80 feet of right of way, 40 feet each side of the centerline. The existing width south of the centerline is approximately 32 feet. We ask that an additional eight feet be protected along this property by the appropriate means available to the County (preferably dedication). 2. The creation of Lot "B" would result in a need for access to S.H. 392. An Access Approach Permit is required for any new access to a State Highway. Application for this permit can be made to the District IV Maintenance Superin- tendent at the address printed below. Thank you for the opportunity to review this exemption request. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvacs Assistant District Engineer AC:da cc: D. M. Bower D. N. Fraser (2) " ,3i File: Crier-Jacobson via Rarres ,� >>>; w/encl . .<</c v ' pO ;r, C a�c•`•� o c: tc :Radt ti G . N.Q,:.F.:y f P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 81.0574 :::r - t ', Li ST • z• A_PPL]CANT Harold and Carolyn Cecil O CASE # Re-492 - REFERRALS SENT OUT 01T: March 31, 1981 O?: REFERRALS TO BE RECEIVED BY: April 15, 1981 U C fi F-+ U U 0 '-4 P4 h F• v? O U PIC REFER4 IALS RECEIVED County Attorney County Health County Engineer_ 4 - i O-$ 1 State Highway Department X 1420 2nd Street Greeley, Colorado 80631 • 8.10574 RECORDING DATA — MAPS a PLATS NAME OF SUBDIVISION Recorded Exemption #0801-23-1-RE492 NAMF OF SUBDIVIDER Harold DeWayne Cecil & Carolyn K Cecil Pt. NE4 of Sec. 23, T. 6 N. , R. 64 W. of the 6th P.M. LOCATION CF SUBDIVISION APR 2 81981 1856262 DATE OF RECORDING BOOK 934 RECEPTION # MARY ANN FEUERSTEIN WELD COUNTY CLERK A RECORDER 8Y• DEPUTY COUNTY CLERK & RECORDER 810574 Hello