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Home My WebLink About800610.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 447 - INDIANHEAD LIMITED 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 hearing held on the 14th day of April, 1980 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. 447, being the property of Indianhead Limited, a Colorado joint venture, described as Part of Section 34 , Township 7 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 definition of the terms , "subdivision" and "subdivided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended: The South Half of the Southwest Quarter of Section 34, Township 7 North, Range 64 West of the 6th P.M. , Weld County, Colorado 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-lA(3) of the Weld County Subdi- vision 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 Indianhead Limited, a Colorado joint ven- ture be, and hereby is, 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. 8 00 61 0 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 14th day of April, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY f COLORADO /7/ Zt 1 (Aye) C. W. Kirby, ghairman - 4 (Aye) eonard L. Roe, Pro-Tem (Aye) Norman Carlson e) L Dunbar e K. St inmark �q ,1 %'.7 . ATTEST: /` 4.4, ; d ^,d •n/ Weld County Clerk and Recorder and Clerk to the Board Deputy County 'Clerk A4pPR2*ED AS TO FORM: o - acs County Attorney DATE PRESENTED: APRIL 16, 1980 806610 RECORDED EXEIr1PTION N. 0711- 34 3 - RE 4 47 ,4?89 '.S6'Z7'E' Z6sif0. 9..5'lorT�9B9i�4t.Fs (/sae/sd.w' 2.701 t Acres /foga/ /PO.W)' 4.'1114) Q ' soO00' Au so•000f o' k a\ o %or iA' SC,D.ii:•/%900' nS.4 5.0900*//crrsAlb Q (Re r eNV+ .�./R.omh.% Slik 5`r .oo_oo' ti a �� c G„w7y A.<.'7A - _ s�s.6z-� s.so 0000'»' .� ■ S. 90'Opw•"W 2636.555' • ,,_ 71 7 55 5 5 c•,..40,-7,s - . . xl `:_. _:- -. u I Zr !.: + i a a O)Y/YER::.:.. i o,,94 /EAD .1/M/riD 3 ! - ._..- /SO. Box./.12,/ / .AOny/rlon7 COJnc/o VI 11 ti SOSO/ ii 5 55 5 p 4 335 555 _ 5 55 5 ..ti_L_7:__-741 rz.V if Is Co.RJ°`71r 3 z ran: Y/C/N/7Y 4AP ScacE.*/= %000' 800610, %jc&r 4.. Bd6/Z4 SA .T/o/.Z . rn , 00 O1T0 & CULVER a Professional Corporation LAND SURVEYORS RECORDED EXL,APTION N°. 0711 r -3 - RE 447 Legal Description • The South Half (S1/2)of the• Southwest Quarter (SW1) of Section 34, Township 7 North, Range 64 West of the 6th P.M., Weld,County, Colorado. ``'EOff 8t& v Surveyor's Certificate ,icnm, I hereby certify that this plat was prepared under my•superv_ision; ant bettt€Ea•sc'f4 • same is correct to the best of my knowledge and belief. d 'ay • .. °o,LT-"I' - " Jasper .. e'-e, ' lorado P;£:y&fS; No.43 or�i,ST9.fbafN•fft.•••••sp • Property Owner's -.Approve -- 4p�F��in��On,', , We,,I ianh ad Lip e , being the sole owners in fee of the above described parcel 'da/here y su i ide Et same as shown on the attached map. J :: Reiter/ Jo nt Venturer Melvin L. Wolf/ Join Venturer The foregoing certification was acknowledged before me this /41 day of Otc4tti , A.D.,- 1980. Witness my hand and •seal. —"" My Commission Expires _ / 9'; / 6 �j otary Public • Planning Commission Certificate The accompanying plat is accepted and appr ed .fpr filing • Chairman/Board f County Commissioners ATTEST: County Clem r,t�' s#ILQ ,(�y.,/ ie C , / pa ^� e • Dated le/9 QU .: c cs ; ss._ 1 _ -- • • • PROJECT N°. 806124 Sheet 2 of 2 c ' F *RJGI +CULVER a Professional Corporation LAND SURVEYORS DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 April 14, 1980 COLORADO Board of County Commissioners Weld County, Colorado 915 10th St. Greeley, Colorado 80631 Re: Recorded Exemption #447 Dear Commissioners : The attached application, plat, and related items are in reference to a request from Indianhead, Ltd. for a recorded exemption. The parcel of land on which this request has been made is described as the S2, SWa, Sec- t tion-§5, T7N, R64W of the 6th P.M. , Weld County Colorado. This property is located 8 miles East of Eaton on the North side of Weld County Road 74. The property contains approximately 80 acres of Class II , III , IV and VI irrigated soils. The request is to split the property into parcels of 5.0 acres and 74.0 acres. Indiahead, Ltd. has purchased this property to be farmed with 175 acres they presently own one-half mile East of said property. They have no need for the existing improvements and are requesting a recorded exemption to sell the house and 5 acres . 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 proposed split conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemp- tion procedure) , Section 3.3.A. of the Weld County Zoning Resolu- tion (intent clause of the Agricultural Zoned District) , and the Weld County Comprehensive Plan in that each parcel does have an existing set of improvements. The use will be compatible with surrounding agricultural uses . The request will allow agricul- tural and related uses to be the predominant land use. There will be no reduction in the amount of land currently being used for agricultural production. 2. This request complies with the provision of Section 9-4 (A) of the Weld County Subdivision Regulations . 800610 Board of County Commissioners April 14, 1980 Page 2 The stated intent of the applicant pursuant to discussions held on April 11 , 1980 is to develop a sprinkler on the SWa of said Section. The quar- ter is to be owned by the applicant. V yt}-ulyyou , %i % Thomas E. Honn Zoning Administrator TEH:rjg 800610 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET 1111DGREELEY,COLORADO 80631 e April 11 , 1980 COLORADO Board of County Commissioners Weld County, Colorado 915 10th St. Greeley, Colorado 80631 Re: Recorded Exemption #447 Dear Commissioners : The attached application, plat, and related items are in reference to a request from Indianhead, Ltd. for a recorded exemption. The parcel of land on which this request has been made is described as 52, SWa, Section 34, T7N, R64W of the 6th P.M. , Weld County Colorado. This property is located 8 miles East of Eaton on the North side of Weld County Road 74. The property contains approximately 80 acres of Class II , III , IV, and VI irrigated soils. The request is to split the property into parcels of 5.0 acres and 74.9 acres . Indianhead, Ltd. has purchased this property to be farmed with 175 acres they presently own one-half mile East of said property. They have no need for the existing improvements and are requesting a recorded exemption to sell the house and 5 acres . 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 . The request is not in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states : "The intent in establishing the recorded exemption pro- cedure is to provide, in accordance with the Weld County Comprehensive Plan, a means whereby nonproductive agri- cultural lands may be developed for higher and more pro- ductive uses insofar as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed. (Revised 4-17-74) ." 800610 Board of County Commissioners April 11 , 1980 Page 2 The proposed request does not comply with the Weld County Com- prehensive Plan because it would promote nonagricultural use of agricultural land and it would encourage residential en- croachment on rural agricultural land use. The Plan urges residential development to be closely connected to and served by municipal utilities . Within a reasonable service area from their corporate limits , towns and municipalities can provide better services at a lower cost to residential development. Additionally, residential land uses in rural areas may gener- ate conflicts which may prohibit efficient agricultural opera- tions . 2. This request is not in conformance with the intent clause of the Agricultural Zone District, Section 3.3.A. of the Weld County Zoning Resolution. This request would not be encouraging agri- cultural uses as the highest and best uses , it would not be providing for the orderly expansion of urban growth, it would be promoting the division of agricultural land into smaller, less economic parcel sizes , and increasing the residential density on the property. The stated intent of the applicant is to purchase the property for agri- cultural purposes. Therefore, the improvements would not be required for economical operation of the farm unit. However, the property is presently pasture; and is not cultivated at the present time. Given the apparent physical condition of the property, and circumstances of the re- quest, the Department of Planning Staff recommends that this request be denied. Respectfully, Vickie Traxler Assistant Zoning Administrator VT:rg 800610 APPLICATION FOR RECORDED EXEMPT , UN PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . R . 441 APPL . FEE $85.00 ZONING DISTRICT P1 RECORDING FEE 4.00 , Ott DATE Sk.S0 RECEIPT NO . 1 ( 11.1 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 : SA SW3/4 Section 34, Township 7, North, Range 64 West of the 6th P.M. Weld County, Colorado. + + ACREAGE : Lot "A" 5.00 - ; Lot "B" 74.989- ; Total 79.989± Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No x Are there any existing improvements on Lot A? Yes x No Lot B? Yes No x FEE OWNERS OF PROPERTY : Name : IN NVH ADU LIMITED A COLORADO Address P. O. Box 1092 Phone 686-7197 Name : Address Windsor, Co 80550 Phone Name : Address Phone WATER SOURCE FOR: ' Lot "A" WELL ; Lot " B" SEPTIC TYPE OF SEWER FOR: Lot "A" WELL ; Lot " B" SEPTIC PROPOSED USE FOR : Lot "A" Residence & Livestock Lot " B" FARMING 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 . IND NHEAD IMIT D A OLORADO JOINT VENTURE COUNTY OF WELD ) STATE OF COLORADO ) Si ature : Owner or Aut orized Agent BY: James A. Gilbert - Agent Subscribed and sworn to before me his 3/6-t day of Y1 IAL 19 Ro. SEAL YAM G(•w,n Notary Publ c My Comm ssion expires : OU0610 11 �_"_'"� n .�'?� . .�' .rvt hrt+ gp a-• +M� ,Yf' ,ft"-`p'��2 gyp... . ( �""l .� late / ' 4... 1 sgre ;1� 1 tiV✓. 1 i 'D^'t .�, Lye t �.� � ��,. t k,,, 4. a yet s `.4 ii h �rt ' A' r a FY a.� iiiitt...,_\. . , Y. k(J �. " �w 115 1 "+ ' . _ \\Ac toy ,� *+ti` ps rl 3 s.-r Pot ir - x , �`, r.: n. �"t } LEGAL DESCRIPT JNSZ5W4 CASE NO. RE 44 44 m 53-M-LO k- 64.8-8 5/B 5 5/-D 5/-g _. .. SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 49 A8 3S _WA/ mow. '/-C 53 J&a 5/ - 0 /44 5I - B '12 1e re. 5/-B-B '46 inEre 53M-CO as. fsg. J71� 668-8 Sec 2s 800611 REFERRAL LIST 0, o APPLICANT James Gilbert E-4 CASE # RE-447 REFERRALS SENT OUT ON: April 4, 1980 REFERRALS TO BE RECEIVED BY: April 10, 1980 C W W H C m H y 0 0 o L7 H P, F- m H N O U rz N m c REFERRALS RECEIVED APR 7 1§;1 County Attorney APR 8 1980 County Health iwk County Engineer APR 1 1980 State Engineer Dr. Jeris Danielson Division of Water Resources Department of Natural Resources 1313 Sherman Street Room 818 Denver, CO 80203 Owl Creek Extension Ditch Co. c/o Don E. Engel Box 206 Eaton, CO 80615 • • 800610 X JAMES A. GILBERT COLORADO REAL ESTATE BROKER REAL ESTATE CONSULTANT P.O. BOX 1092 WINDSOR, COLORADO 80550 PHONE: (303) 686-7197 March 27, 1980 Weld County Commissioners' Greeley, Colorado Dear Commissioners' , Indianhead Limited a Colorado Joint Venture has purchased the S of the SW3 of Section 34 T7N, R64W of the 6th P.M., Weld County, Colorado, to be farmed with 175 acres they presently own one-half mile East of said property. They have no need for the existing improvements, and are requesting an exemption so that they can sell the house and five acres. Your favorable consideration to this matter will be greatly appreciated. Since�r�el you so, wWa ames A. Gilbert EXCLUSIVE AGENT FOR: INDIANHEAD LIMITED A COLORADO JOINT VENTURE WINDSOR GARDEN A COLORADO JOINT VENTURE iO i\ FIELD CHECK FILING NUMBER: RE:447 DATE OF INSPECTION: April 10, 1980 NAME: James Gilbert for Indianhead,, Ltd. REQUEST: LEGAL DESCRIPTION: S1/2, SWa, Section 34, T7N, R64W LAND USE: N Agriculture E Agriculture S Agriculture l9 Agriculture _ ZONING: N Agriculture LOCATION: 8 miles East of Eaton on the E Agriculture North side of Weld County Road 74 S Agriculture W Agriculture COMMENTS: Parcel (Lot A) contains one new residence with stable for horses . Lot B appears to be in pasture (irrigated) and natural grasses. There does not appear to be any cultivated farm land on the property. The Owl Creek Ditch crosses the property in the Northwest corner. VT:rg BY: LC 4-11-80 1p RECORDING DATA - MAPS & PATS NAME OF SUBDIVISION Recorded Exemption #0711-34-3-RE 447 .._—. --------_ NAME OF SUBDIVIDER Indianhead Limited_ __ _�__ ..� �.__��_ _. _— LOCATION OF SUBDIVISION S1 of the SW4 of Sec. 34 , T. 7 N., R. 64 W. of the, 6th P.N. 1823132 DATE OF RECORDINGRECORDINGAPR 2 3 1980800K 901 RECUT I ON # _ DATE MARY ANN FEUERSTEIN WELD COO TY CLERK AND RECORDER BY: 0,Lrt'.t l?s_tl,QidY DEPUTY COUNTY CLERK & RECORDER 800610 Hello