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HomeMy WebLinkAbout830835.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 653 - JUDITH MINOR 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. 653 , having been requested by Judith Minor, described as Part of the Southwest a , Section 1 , Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particulary 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, and WHEREAS, this request is to divide the property into par- cels of . 33 acres and 61 acres, more or less , in order to allow for uses which are consistent with the intent clause of the Agri- cultural Zone District, said uses will be compatible with the existing surrounding land uses. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land be, and hereby is , exempt from the definitions of the terms , "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following conditions: 1) the applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations . The plat shall be submitted within ninety days from the date of approval by the Board of County Commissioners; and 2) the applicant shall rdsuusa Page 2 RE: RE #653 - MINOR submit the following information to the Department of Planning Services within thirty days of final approval by the Board of County Commissioners: The location of the septic and leach field for the residence on Lot B. In the event that the sewage system is not contained on Lot B, the system shall be located on the mylar plat and an easement recorded with Lot A giving Lot B permission to have and maintain a sewage system as identified on the recorded plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D. , 1983 . ./- BOARD OF COUNTY COMMISSIONERS ATTEST: Ql,sQ(Wt4lPl�r✓ WELD COUNTY, COLORADO Weld County Clerk and Recorder l/ �_�__1/ and Clerk to the Board �Cnsck Carlson, Chairman By: G 7/C nc. o C 1.cc„c ri/ % MAT'S Deputy County Clerk Jo�i T. Martin,Pro-Tem APPROVED AS TO FORM: /Li, iz afas, Gene R. Brantner cl----t-c c:(-)a,.. County Attorney Norman Carlson J. cqu ine J son DAY FILE: December 19 , 1983353�p'5 n 7 DEPARTMENT OF PLANNING SERVICES tit \It PHONE(303)356-4000 EX1 400 it 915 10th STREET lk wi GREELEY,COLORADO 80631 COLORADO December 12, 1983 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #RE-653 Dear Commissioners: The attached application, plat and related items are in reference to a request from Judith Minor for a recorded exemption. The parcel of land on which this request is being made is described as Pt. SW1, Section 1, T4N, R64W of the 6th P.M. , Weld County, Colorado. The property is located 31 miles south and 3 miles east of Kersey on WCR 48. The property contains approximately 62 acres of Class I and Class II irrigated soils. The request is to divide the property into parcels of .33 acres and 61 acres, more or less. The 62 acres more or less, under consideration will allow uses which are consistent with the intent clause of the agricultural Zone District. The uses will be compatible with existing surrounding land uses. 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 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. 830835 Board of County Commissioners Page 2 - The proposal does not exist in an overlay district area. - Lot B is less than the minimum lot size requirement of 1.0 acres. The applicants are requesting the .33 acres lot in order to preserve all available cropland on lot A. - Central Weld County Water District has indicated adequate water service is available for this proposal. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from WCR 59 and WCR 48. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. 2. The applicant shall submit the following information to the Department of Planning Services within thirty days of final approval by the Board of County Commissioners: The location of the septic and leach field for the residence on lot B. In the event that the sewage system is not contained on lot B. The system shall be located on the mylar plat and an easement recorded with lot A giving lot B permission to have and maintain a sewage system as identified on the recorded plat. Respectfully, Rod Allison Current Planner II 830835 FIELD CHECK FILING NUMBER: RE 653 DATE OF INSPECTION: 12-8-83 NAME: Minor REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the Southwest 1/4, Section 1, Township 4 North, Range 64 West LAND USE: N Agricultural Production E Agricultural Production S Weld County Road 48, Agricultural Production W Weld County Road 59, Agricultural Production, Two Farm Residence ZONING: N Agricultural LOCATION: 3-1/2 miles south and 3 miles east E Agricultural of Kersey S Agricultural W Agricultural COMMENTS: Access to Lot A is from Weld County Road 48, a gravel road and Weld County Road 59, a paved road. Lot A is irrigated cropland. The Latham Ditch runs east to west across Lot A. A small stream runs across the northwest corner of Lot A. There are no improvements on Lot A. Access to Lot B is from Weld County Road 59. A small labor house is located on Lot B. Property drains to the southeast. BY: Rod Allison, Planner II RA:dg 830835 X c, co /.44 .: SV199IM 1- ~ �� , N I� SEBQ-=s ( OC Ja v N CO /Do o cu Lo i1 c,,-- 0 b 60 V b KI- v O N b it ri n CO o77 i.57-7-/--7) i X20 • It ov co IN co N Jl J ',V\xt -0,,,,,,,_777::\-. N N J 4 O S3 m O . J /fix O O v u 4650 —� M �� N e x 0 66� -777/7 N a o Lo \ y \l /77 i v n o o O v• N 47/0 SID v ( 7/ 7 o) o o > ct, orn cu N(? NN APr - !CATION FOR RECORDED EXEMP I IO i'M j 8 199`3 PHONE : 356-4000 Ext . 400 __,,,, Department of Planning Services , 915 10th Street; e eT Coloy FOR PLANNING DEPARTMENT USE ONLY _ U. Pianoint Commissii APPL . FEE ei--5_ e-'e CASE NO . RE-(..O5 3 RECORDING FEE ZONING DISTRICT_ 1L ' RECEIPT NO . 1 5/ 33 DATE 1 ‘11eIQ),b _ APPL . CHECKED BY TO BE COMPLETED BY APPLICANT : ( Print or type only except for reaJi-red signatures ) Im) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : ts)e— 1O 30 il , c6 -Hie_ cti V i J _ q -- 1 TOTAL ACREAGE : 62.46 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No x FEE OWNERS OF PROPERTY : Name : Judith M. Minor Address : 29233 Weld County Road 48, Kersey Phone : 356-9012 — Name : ..___--- ---- -- --- Address : Phone :T _ --_.___-- Name : Address : Phone : _ _ WATER SOURCE : Larger Parcel 0, 14CWIT wSmaller Parcel (CWCWn) Tapp TYPE OF SEWER : Larger Parcel Sap 1-,c__ Smaller Parcel Septic PROPOSED USE : Larger Parcel -AO,riculture Smaller Parcel Residence ACREAGE : Larger Parcel 61.12 _"Smaller Parcel •33 - — _ EXISTING DWELLINGS : ( lam or No ) No ( Yes or Ilprdq Yes 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 ) Sig ature : Owner or,,, ,, Aut o iZ d Agent ' Subscribed and sworn to before me this 27th day of October 19 83 ( SEAL ) • , zy; 7,,, / Notay-y Puhl is - March 6, 1986 • My Commission expires : 830635 October 27th, 1983 Judith M. Minor 29233 Weld County Road 48 Kersey, Colorado County of Weld, Colorado Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 RE: Application for Recorded Exemption Gentlemen : I am making an application for a Recorded Exemption because on July 9, 1983 I lost my husband, James Minor , in an industrial accident and I am not able to manage and operate my farm on the Landlord' s share of the crop. This has created a financial hardship for me but now I have an opportunity to sell the farmland to eliminate these financial burdens. I feel this proposal is consistant with the Comprehensive Plans as the property is presently agricultural land and I am reserving the improvements for myself. This will take a minimal to no agricultural land out of production and will not effect the surrounding land in any manner. As indicated , this land is best suited for agriculture and will probably never have a higher or better use, such as development, in this location. Also , to the best of my knowledge an overlay district does not exist. Thank you for your consideration. Very sincerely yours , • TH" -/� .71717/K 't-n } JU M. MINOR - Applicant 830835 k '0.30/• }I . Lot A i v coKsW I , fi • I/ 1f L . . 4-Ib I ` or AcJeS M co- (NS cQ7, II I � I y I O l v � 3 , 0 C o Roa :, �;,'1 .n_� L _ -- - -- - Weld Cownb RoGd Af , 1930835 x I � L®rckle, (Am. = I Fiat a - I Ci I I kbI , N 830835 K. REFERRAL LIST APPLICANT: Judith Minor CASE NUMBER: RE 653 SENT REFERRALS OUT: 11-23-83 REFERRALS TO BE RECEIVED BY 12-6-83 Cl, Cl, zz m Cl, o C v W i 1H 6 W H F z z U U z Z WU[�] O R O a"1) H Z c i Fj W £ N Pi W V O U O CW4 O 00 W W U z v°' W z Z a 0 W Z m c c County Attorney (plat only) X Lower Latham Ditch Co. c/o Sandy Vannest Weld County Health Department Box 398 Kersey, CO 80644 Engineering Department 356-4052 "--- County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 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 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 830835 RECC.ADED EXEMF- LION NO. /05,-/-3-RE as, SHEET 2 OF 2 uI f( d r s I. • / � II IVELD CO tq 50,wen !F. a On,—,'_ _ e .'.lp 4607 '. - " i59P 4' 1 / II 1 1 ` m Raj i�° ' ti 0441 -gy 04 Sec. /, 774N.,N., R.6411< `,. _ .6021? LOT A a 0' Z5' 50' 75' /00' Flume/ LOTS e � we _ r o , Scale n 1110 50' 46/8 rift Co a !Noe • • Pins found \ \ II • i Pins sotLOCATION MAP SCALE' 1"•2000' West Quarter corner Sec. f, T.4N.,R.G4W N.B9°3432" • /125.92' 2 1474.52' v+ *Center of Sec/ion h O P4 Z O P Ci 0' a ey Ct # et in �O" P�ib P�Pc��y Cic cb q)N V it•X05 t a i� h' Al PC °n aLII tin ci; r 35' 1 c N I I N �s ///r 00' I� t.... .)3 I.,41 . ki o N.B9°40O2. o h M h q�cQ. 00 O p o o M C�•F.c' \ 2 h o (� p 1 1 het\ 6 i•i 9i \ 'n?n((9 0 AIN rr'o . 9y, O r 9•94002" 5 g 4/.00' p fri :. O 1_ : a 70.00' o 1 `"° 3.59°40'02"W 06 to. �WELO COUNTY ROAD NO. 48 M /4602./7' S.619 o'0ew / ' /.23' -- SW corner Sec. /, TAN.,264 W. South Ouartnoilier McRAE & SHORT, INC. 1237-Ben Annus Greeley, Colorado 00031 83266-A ' RECC. DED EXEMF (ION NO. 1053-1-3-RE GS) SHEET 1 OF 2 DATE: JANUARY JO, 1984 OWNER: JUDITH M. MINOR 29233 WELD COUNTY ROAD 48 KERSEY, COLORADO 80644 m 4/ ,LEGAL DESCRIPTION c/ ',�i ' A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1 , TOWNSHIP 4 NORTH , RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY , COLORADO AND BEING MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1, AND CONSIDERING THE WEST LINE OF SAID SOUTHWEST QUARTER TO BEAR NORTH 00° 00' 00" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 00° 00' 00" EAST, 2636.23 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 1; THENCE NORTH 89° 34' 32" EAST, 1125.92 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00° 19' 58" EAST, 2637.99 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTH- WEST QUARTER; THENCE SOUTH 89° 40' 02" WEST, 1141.23 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 68.626 ACRES OF WHICH 2.581 ACRES LIE WITHIN WELD COUNTY ROAD RIGHTS-OF-WAY , RESULTING IN A NET AREA OF 66.045 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. OWNER' S CERTIFICATE JUDITH M. MINOR, BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. 4 � i 7'17 721.--.-an JU TH M. MINOR NOTARIAL CERTIFICATE STATE OF COLORADO )ss COUNTY OF WELD ) • THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS / DAY OF r i A.D. , 1984 , BY JUDITH M. MINOR. / Frier— MY COMMISSION EXPIRES: ' s t"E ' t55' /i r / WITNESS MY HAND AND SEAL : /�// � - d�H" , NOTARY PJOC SURVEYOR' S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON JANUARY 10, 1984, UNDER MY SUPERVISION AND p-IATT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. •• GERALD B. McRAE, PROFESSIONAL ENGINEER AND ?LAND SURVEYOR, COLORADO REG. NO. 6616 *: F C M1 c N T COUNTY COMMISSIONERS' CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED F FILING. ATTEST: %Ilk' Ore1r++TtUeidtkiew1 (IV/ COUNT LERRKK CRAPPAV,'tOARD tLF COUNTY"tOMFRSI SONERS Cey.~.~../Zt.o- DATE: / / L - F 3 ssri 830S3S PROJECT NO. McRAE & SHORT, INC. 1227 -8th Avnu• Graalay, Colorado 80631 83266 -4 Hello