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Home My WebLink About800779.tiff RESOLUTION RE : APPROVAL OF RECORDED EXEMPTION NO. 439 - THOMAS AND EVELYN FUXA 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 23rd day of January, 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. 439, being the property of Thomas and Evelyn Fuxa, described as part of Section 2, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: A tract of land being in the East Half of the Southeast Quarter of Section 2, Town- ship 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: Beginning at the Southeast corner of said Section 2 and considering the South line of said Section 2 to bear North 89°34 ' 00" West and with all other bearings contained herein being relative thereto: Thence North 89°34 ' 00" West, along the South line of the Southeast Quarter of said Section 2 , 1295. 39 feet; Thence North 00°14 ' 47 " East along the West line of the East Half of the Southeast Quarter of said Section 2, 2648. 00 feet to the North line of the Southeast Quarter of said Section 2; Thence South 89°49 ' 39" East, along the North line of the East Half of the South- east Quarter of said Section 2, 1312 . 37 feet to the East Quarter Corner of said Section 2; Thence South 00°36 ' 47" West, along the East line of the Southeast Quarter of said Sec- tion 2 , 2653. 97 feet to the point of beginning. Said tract of land contains 79. 351 acres and is subject to any rights-of-way or other easements as granted or reserved by instru- ments of record or as now existing on said tract of land. 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 800779 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 Thomas and Evelyn Fuxa 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: ► n ` ' - 4 .. , ''r✓ WELD COUNTY, COLORADO Weld County Clerk and Recorder (till. tI (Aye) and Clerk to the Boar C. W. Kirby% Chairman �.4( B1-7tnrt cc �.e.;.d._ cc_ (a,-E (Aye) / Deputy Coun lerk eonard L. Roe, Pro-Tem ROVED AS TO FORM: C 'iat (Aye) Norman Carlson Zadiat , Coun Attorney 11 (Aye) L d J Dunbar L l�iiZc i /; /ll%l �l lE�Ye) ne K. Steinmark DATE PRESENTED: JANUARY 28, 1980 RECC.T4DED EXEMnION NO. 1311=02-4-RE•439 SHEET 2 OF 2 C- n Wood 24 it ,1 " `t Se 4!. 2, F 7 2N 7l.4o?L*L 0 0 CSun 0., Rood 29/z it tk,Hilli- • fri 0 0. zoo' T ' TJ ' ' ; % .1 Scale : 1". 4OO' eon :�24 Ik • Pine found - ___ -... O _. .Pins... set - .. LOCATION MAP _ .. _. SCALE= 1"=2000•... antra?:7.2.iu, R:G Mi. - S.89`49.39£ /s,2. 37` '/tL�r,S�o .��. -------4(7.5_2N.,rk67mi Weld ezon Rood Ala 24`/2 --y ll o 0 'I I S89°2373"E 72/4.00' OO Nib la CA m N77 4e °o� 04 to/ -4-•et !/65'23'/3 W 2.3 23 /k 2/4.00' N I d , Q 8 • - tr (0, W $ Io It S. tO a 1..._ 3I I • Hi 1 k. Weld Calmly Wood .t/o. 24 I dv? , d' of inning �U89" 34"00'W /295 39' l sECor sec '? 7' 2 ill, R.G7W. McRAE & SHORT, INC. 1227 8th Avenue Greeley. Colorado 80631 PROJECT No. 79/78 RECLRDED EXEMrTION ND. 13II-02-4-RE439 DATE: DECEMBER 19, 1979 SHEET 1 OF 2 OWNER: THOMAS J. FUXA EVELYN MAXINE FUXA 0 11383 WELD COUNTY ROAD NO. 23 0 14 FORT LUPTON, COLORADO 80621 LEGAL DESCRIPTION A TRACT OF LAND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2 AND CONSIDERING THE SOUTH LINE OF SAID SECTION 2 TO BEAR NORTH 89° 34' 00" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETR: THENCE NORTH 89 34' 00" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, 1,295.39 FEgT; THENCE NORTH 00 14' 47" EAST ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER • OF SAID SECTION 2, 2,648.00 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SEC- I TION 2; THENCE SOUTH 89° 49' 39" EAST, ALONG THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER fl OF SAID SECTION 2, 1,312.37 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE SOUTH 00° 36' 47" WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, 2,653.97 FEET TO THE POINT OF BEGINNING. .SAID TRACT OF LAND CONTAINS 79.351 ACRES AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASE-- -MENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF OWNER CERTIFICATE` I^THOMAS 3_. FUXA AND EVELYN MAXINE FUXA BEING THE SOLE OWNERS 3N. FEE OF THE ABOVE PROPERTY REBY DIVIDE, AS SHOWN ON THE ATTACHED MAP. IlE � k FU EVELYN NE FUXA , t •"„..', NOTARIAL CERTIFICATE g s. i:: .$ 'Z` _ _'�YY•"• "�- ,.;.-.... �' F 'R wd' .sC „ rING FICATE WAS ACKNOWLEDGED BEFORE ME THI$�DAY OF A.D 1ifr !.' EVELYN MAXINE FUXA. • , , z n ray ti MY COMMISSION EXPIRES K . Ati4- , WITNESS MY HAND AND SEAL: •,: NOTAR IC � , e SURVEYOR'S CERTIFICATE "1' +' . ,ry 4 + CERTIFY., IS PLAT WAS PREPARED ON DECEMBER 19. 1979 UNDER.MY • .,. ire, i f ' SAW IS; 7D" , BEST OF MY KNOWLEDGE AND BELIEF.'" _t L: ERALD,B. CA , •ROFESSION.L N INEER ANr •LANDSURVEYOR, COLORADO REG. NO. 6616 ' , ' r COUNTY COMMISSIONERS CERTIFICATE 16 , # +< ABE ACC ANYING PT,6[LAND APPROVED FO F41.00 0G. µ ' 9 s - ATTEST: O �ACCE � � � '• COUNTY C ERK CHAIR N, BOAR OF COUN COMMISSIONERS • • r caffew Itt.A.74k *tit r • #f Pic r -.;•p PROJECT NO. r - -- T, INC. 12:7 Avenue Greeley. Colorado 60631 79/78 DEPARTMENT OF PLANNING SERVICES PHONE 13031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 COLORADO January 23, 1980 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 RE: Recorded Exemption #439 Dear Commissioners : The attached application, plat, and related items are in reference to a request from Thomas and Evelyn Fuxa for a recorded exemption. The parcel of land on which this request has been made is described as the E1/2 SE4, Section 2 , T2N, R67W of the 6th p.m. , Weld County, Colorado. The property is located 31 miles southwest of Platteville. The property contains approximately 80 acres of Class I and II irrigated soils. The request is to split the property into parcels of 2 acres and 77. 351 acres. It was the applicant' s intent to separate this two acre parcel at the time they constructed their home on the property in 1970. The Fuxas now desire to transfer the two acre parcel to Mrs. Fuxa for Estate planning purposes . Each proposed parcel does have an existing residence located on it. 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 with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the Agricultural Zone District (Section 3. 3A of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that each parcel does have an existing set of improvements. The request will be compatible Board of County Commissioners Page 2 January 23, 1980 with surrounding agricultural uses. The request will allow agricultural and related uses to be the predominant land uses. There will 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. Respectfully, ` •ito C1/40-4114.0" Chuck Cunliffe Assistant Zoning Administrator CC: sap •• APPLICATION FOR RECORDED EXEMPT1UN PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE 3q APPL . FEE ,Q ZONING DISTRICT Yne:.ukLrg1 RECORDING FEE DATE Ott 20 S87S RECEIPT NO . 5 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 : EZSE4 Sto L Tfl3 , a61 W 1 4-LL 64'- V SM.-. W.ek& Co QO\ora6a ACREAGE: Lot "A" „. Acfre.c ; Lot " B" 77 . 357 ; Total 79, 35•/ Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No ye Are there any existing improvements on Lot A? Yes r No Lot B? Yes v No FEE OWNERS OF PROPERTY : yvvrek Name : 71nrrraj c7 fox, $f , Address ,ita'72rs Phone 7k5 . (.,.:1,91, Name : E1'P 4tilt ,frel ,C,; ' Address /i k3 r. ,h. ? 4 Phone 715- 4.3?) Name : Address fir. ,,, tog% Phone v WATER SOURCE FOR : Lot "A" i ei f j ' , WQ.{�,k; Lot " B" ( .� -�,A Lear/ rrrL ,o ac OF SEWER FOR : Lot "A" �1 , - v' s ac PROPOSED USE FOR : Lot "A" gyp F - ,;, ;; ; Lot " B" . 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 ) gn ure : ne or uthorized Agent Subscribed and sworn to before me this day of 6kre, , 19;77 . SEAL 0 _4# _) Notary/Public h�11181a?o2j�� 6703 �� o * 9ll:Cn My Com i sion expires : EO )97 RecF1V6aaiy t .e7,r-cct 1.73.-Lw- i- / 70 °-S'"`J -re> -z- iZeti t) , 02-x/ ja AL-e-•-..& y_ i Ala x1e , Z i, / 9 70. (9 y- ,urn o� Su - 27-6- t'c - ` AiLde tte 4 ,•h""C._ IP X (24ti Ael-2J 13 t&tJ7 � //‘Ti2S?' CENTRAL WELD COUNTY WATER DISTRICT ,.5 ,13Ti4 STREET DALE D. OLHAUSEN PHONE (3O3) 352-1284 GREELEY. COLORADO 8O631 MANAGER 4ELR�i D December 18, 1979 Mr. Thomas J. Fuxa 11435 Weld County Rd. 23 Fort Lupton, Co. 80621 RE: Water Service Dear Mr. Fuxa: This letter is in response to your request for the availability of additional water service for the following described property: E SE%: Sec 2, T2, R67(3R-3D) 74a Water service is presently available to the above described property by tap number 290 . Additional water service will be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be con- sumated 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.-•9 ates“.443 Dale D. Olhausen Manager DDO/sb LEGAL DESCRIP'"ON ar/ Sec. Z-Z-6V7 CASE NO. /ge '3? 1 4 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON — IRRIGATED 2/6-i ei!o j avow r 2i/3-.5 Z3 - ,l/01f/r ,,II `N ifilr (T,+ ' ' , a'f it �\,...,„_.) I� 6?f Win. f/' ¢F4 25 "A, 1 fd tk /' 4 Xt a`Y f, "r S n / ' 1 { ri,x#bkt�l ✓ t a q1r r 4, �1. �' A I I X41,,. Yyy� ici er; ,it 1., , +., ck r x, y ,yI r' L ' p.`r13 r IT' y xtaftyy+ I 4 .e�6 fin' j 'yrt, '*a^:i I r1d,. i�' ht .,L ' ag 01 Vii+ �� i � - C % V i,. lit k y, 11 ₹'F fin" 1) / l mdI Ii �, v. ._•3+Y{ i i*FI' , ,y a 1t. x+,,i i k+x t `) Lea ,\u ` �tx ' F I ti", 1 ryxx rr I. t ,. {kiN 4 ' ° FX I'W a°I is 1 • ' � r 41 \ry A , t .. 4A" ? l ,) :_) G) my �ip A \. 'IA 6, ✓I. i *II REFERRAL LIST p APPLICANT Thomas and Evelyn Fuxa F CASE # RE-439 REFERRALS SENT OUT ON: December 27, 1979 REFERRALS TO BE RECEIVED BY: January 11, 1980 C w w pi co F Z U U O w - P. h F. ft H N O C.) PC w c c REFERRALS RECEIVED AN 3 199O County Attorney (Plat Only) 3AN if38rr County Health .)te f 7 `+979 County Engineer FIELD CHECK FILING NUMBER: RE-439 DATE OF INSPECTION : 1/22/30 NAME: Thomas Fuxa REQUEST: Recorded Exemption LEGAL DESCRIPTION: EA SE* Section 2, T2N, RB7W LAND USE: N Agricultural E S 19 Agricultural ZONING: N Agricultural 1T LOCATION: 3l miles southwest of E Platteville g Agricultural COMMENTS : Each proposed lot contains a residence. Lot B contains the oririnial house with outbuildings and a small corral with cattle. There is an irrigation ditch which crosses the northeast corner of the property. It appears that the ground north and east of the ditch is pasture with the ground south and west of the ditch cultivated. The property appears to he irrigated. - County Road 23 and 24* is gravel surfaced. Accesses are existing. BY: 0....\kra...e4-944 • Hello