HomeMy WebLinkAbout820610.tiff RESOLUTION
RE : APPROVAL OF RECORDED EXEMPTION NO. 526 - CHARLES W. KIRBY
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
Commissioners at a public meeting held on the 13th day of
January, 1982 in the Chambers of the Board, that the division
into two parcels of land, as shown on the plat known as
Recorded Exemption No. 526 , being the property of Charles W.
Kirby, described as part of the NiNE4, Section 17 , Township
6 North, Range 68 West of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows:
The N1 of the NEQ of Section 17 , Township 6 North,
Range 67 West, 6th P .M. , Weld County, Colorado,
EXCEPT a strip of land 29 feet off the south side,
ALSO EXCEPTING that portion conveyed to the
Department of Highways, State of Colorado, be deed
recorded May 27, 1966 , Bk. 568 , Rec. #1489972 , Weld
County Records, ALSO EXCEPTING that portion
conveyed to Ernest and Janet B. Hamburger be deed
recorded November 19 , 1968, Bk. 602 , Rec. #1524037 ,
Weld County Records , ALSO EXCEPTING that portion
conveyed to John and Helen Kelly by deed recorded
August 19, 1969 , Bk. 614, Rec. #1535536 , Weld County
Records , ALSO EXCEPTING that portion conveyed to
Theodore and Emma Starck by deed recorded March 17 ,
1965, Bk. 537, Rec. #1458912 , Weld County Records .
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, the Department of Planning Services recommends
the recorded exemption plat be amended to reflect a 75-foot
reservation west of the center line of Colorado State Highway
257.
NOW, THEREFORE , BE IT RESOLVED by the Board of County
Commissioners that the hereinabove described parcel of land
owned by Charles W. Kirby be, and hereby is, exempt from the
definition of the terms "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the recorded exemption be amended to reflect a 75-foot
a2u610
Page 2
RE : RE 526
reservation west of the centerline of Colorado State Highway
257 .
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 13th
day of January, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ABSENT
John T. Martin, Chairman
fit- (Aye)
Chuck Carlson,. nn
Pro-Tem
._ ( ^^ (Aye)
Norman Carlson
APPLICANT
C. W. Kirby
f/147/yfv, 6-nJll/ /'. (Aye)
June K. Steinmark
ATTEST: t ' ic.,,{1- —, -' ' ,/
Weld County Clerk and Recorder
and Clerk to the Board
C. -
Deputy County Clerk
APPRO/ED AS TO FORM:
County Attorney
DATE PRESENTED: JANUARY 18 , 1982
8'0(610
- f DEPARTMENT OF PLANNING SERVICES
R �i• PHONE(303)356-4000 EXT. 400
915 10th STREET
GREELEY,COLORADO 80631
January 13, 1982
IDC
COLORADO
r
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631 !'
Re: Recorded Exemption 526
Dear Commissioners:
The attached application, plat and related itmes are in reference to a
request by Charles W. Kirby for a recorded exemption. The parcel of
land under consideration is described as part of the N1 NE4, Section 17,
T6N, R68W of the 6th P.M. , Weld County, Colorado. The property is
located 700 feet north of the town of Windsor, adjacent to Colorado
State Highway 257. The property contains 75.8 acres, more or less, of
Class IV and VI nonirrigated soils and Class II, III and IV irrigated
soils. The request is to split the property into parcels of 74.3 acres,
more or less and 1.5 acres, more or less. The 74.3 acre parcel will
continue to be farmed by Mr. Kirby. Mr. Kirby desires to use the 1.5
acres, more or less, for a future building site. This parcel of land
is located in the town of Windsor's Comprehensive Planning area. Based
upon the information submitted and adopted policies in the County, the
Department of Planning Services staff recommends that the reqeust be
approved for the following reasons:
1. The proposed split conforms with the Recorded Exemption
Intent Clause and the Weld County Comprehensive Plan.
The request is consistent with the town of Windsor's
Comprehensive Plan, which identifies the area for future
residential land uses. The proposed uses of the property
would be compatible with the surrounding land uses.
2. The town of Windsor has set forth no objections to this
request.
3. The request complies with the provisions of Section 9.4.A.
of the Weld County Subdivision Regulations. The Department
of Planning Services staff further recommends that the
recorded exemption plat be amended to reflect a seventy-five
foot reservation or dedication west of the center line of
Colorado State Highway 257. There is an existing driveway
to this property from Colorado State Highway 257. Approval
of this recorded exemption request, and the sale of Lot "B" ,
will create the need for another highway access. An access
approach permit is required for the construction of any new
89,0610
Board of County Commissioners
January 13, 1982
Page 2
access to a state highway.
Respectfully submitted,
Rod Allison
Current Planner
RA:rg
80610
FIELD CHECK
FILING NUMBER: RE-526 DALE OF INSPECTION: January 6, 1982
NAME: Charles W. Kirby
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: N12 NE1 , Section 17, T6N, R67W of the 6th P.M. , Weld County, Colorado
LAND USE: N Agriculture - pasture and crops
E Agriculture - Crops and Cattle_
S Three single family dwellings, Windsor Lake and the town of Windsor
W Pasture
ZONING: N Agriculture
LOCATION: 700 feet north of the town of Windsor EAgriculture
adjacent to Colorado State Highway 257. S Agriculture
W Agriculture
COMMENTS:
There are no existing improvements on the property. Three lots with single family
dwellings were created prior to 1970. just south of the proposed exemption parcel
(Lot "B") .
/1B Y: : C. C LGG s
Rod Allison, Current Planner
RA:rg
,.-.esni.s i
APPL_ JATION FOR RECORDED EXEMPT. .N
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . R.E. 516 APPL . FEE as °o
ZONING DISTRICT A, RECORDING FEE
DATE I2- Z - SI RECEIPT NO . 77B39
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 :
The N. 1/2 of the NE. 1/4 of Section 17, Township 6 North, Range 67 West, 6th P.M. ,
Weld County, Colorado, EXCEPT a strip of land 29 feet wide off the south side,
ALSO EXCEPTING that portion conveyed to the Department of Highways, State of
Colorado, by deed recorded May 27, 1966, Bk. 568, Rec . # 1489972, Weld County
Records, ALSO EXCEPTING that portion conveyed to Ernest and Janet B. Hamburger
by deed recorded November 19, 1968, Bk. 602, Rec . # 1524037, Weld County Records,
ALSO EXCEPTING that portion conveyed to John and Helen Kelly by deed recorded
August 19, 1969, Bk. 614, Rec. # 1535536, Weld County Records, ALSO EXCEPTING
that portion conveyed to Theodore and Emma Starck by deed recorded March 17, 1965,
Bk. 537, Rec . # 1458912, Weld County Records.
ACREAGE : Lot "A" 74.3± acres ; Lot " B" 1.5- acres ; Total 75.8 -
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? Yes No x
Lot B? Yes No x
FEE OWNERS OF PROPERTY :
Name : Charles W. Kirby Address P.O. Box 220 Phone 68.6-2363
Name : Address Windsor, CO. 80550 Phone
Name : Address Phone
WATER SOURCE FOR: Lot "A" North Weld Co . Water; Lot "B"North Weld Co. Water
District District
TYPE OF SEWER FOR : Lot "A" on-site septic ; Lot "B"on-site septic
PROPOSED USE FOR : Lot "A" agricultural ; Lot "B" residential
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 ) <
Signature : Owne"or Authorized Agent
Subscribed and sworn to before me this 3.t& day of OM- , 19 ?1 .
SE^.L Lao& ck.
Notary Public
J
My Commission ixpir8s Den 204 9983
My Commission expires :
8?0610
A
MUELLER-WOOD
& ASSOC., INC.
LANG SURVEYING-ENGINEERNG
rit
December 2, 1981
Weld County Department of Planning Services
Centennial Center
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption - Portion of the N. 1/2 of the NE. 1/4
Section 17-6-67
Gentlemen;
The above referenced parcel contains 74.3 - acres and is situated
approximately 700 feet north of the current limits of the Town of
Windsor, adjacent to Colorado Stats Highway 257. The proposed
exemption lot, consisting of 1 .52 - acres, would be contiguous to
existing single family lots and would front on the state highway.
The owner of the parcel is requesting this exemption as a result of
a request by a veterinarian to purchase a lot for use as a residence
and an animal clinic. The lot would be served by the North Weld County
water District, with an on-site septic system.
If you require additional information please contact me.
Sincerely,
James L. Mueller
1205 N. Cleveland Ave. 820610
Sea Y 6.. 'I • Loveland,Colorado 80537
303/669"0800
BOARD OF DIRECTORS •
ERNEST TIGGES ��- ' •050fr NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH en'
ROBERT ALKIRE a HIGHWAY 85 LUCERNE. COLORADO 80848
i
GARY SIMPSON j fl�-
LYLE NELSON, MGR.
TOM REED
• � '. P.O. SOX 56 - PHONE 356-3020
November 3 , 1981
RE: Water Service , 'C. W. Kirby
Dear Sirs ,
This letter is in response to your inquiry regarding water
service to the following described property :
Sec. 17-6-67
1 . X Water service is presently being provided to the
above described property .
2 . Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter , this
letter shall become null and void.
Additional comments :
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
. -2/
Lyle D . Nelson , Manager
LDN/rMc:
820610
STATE OF COLORADO
DIVISION OF HIGHWAYS
+01 °F 47
P g 54
P.O. Box 850
Greeley, Colorado 80632-0850 G� '
(303) 353-1232 `*+F :
December 30, 1981
Weld County
SH 257
Kirby Exemption
3/4 Mi . N. of
SH 392 on W.
Mr. Rod Allison Side of 257
Department of Planning Services
Weld County DOH FILE 45100
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
We have reviewed the Charles Kirby exemption request, and we ask for your con-
sideration of the following comments.
1 . Projected traffic on State Highway 257 indicates the need for a total of 150
feet of right of way, 75 feet each side of the centerline. We ask that
additional right of way to meet this need be protected by reservation or,
preferably, dedication as permitted by local planning regulations.
2. There is an existing driveway to this property from State Highway 257.
Approval of this exemption request and the sale of Lot B will create the
need for another highway access. An Access Approach Permit is required
for the construction of any new access to a State highway. An application
for this permit can be obtained from Mr. Dean Yost of this office.
Thank you for the opportunity to review this exemption request.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
.mlouglas Rames
District Preconstruction Engineer
DDR:da „012(\°,e1 - $6
cc: D. M. Bower �Q
D. N. Fraser (2) cv 'GN
File: Crier-Jacobson Eb
w/encl . Ib4n oS
"lien.
" I
co, Moir
`
820610
LEGAL DESCRIF -IONS-i \ - -
CASE NO. Sc� a TCo� ' :b
''''*---- ''%-9*%\k$1. ''''
t3 �a1 47
i t
w 51
Tr q
9
t :. 1 a
,�Sh<o�' � ,�„� ""� tie
tr. Nn i �f4N4La \'�b� e ' *___,\. iF
tX 3,
N
r
,tis is
$v t'"Y 'r . !"a r
SOIL CLASSIFICATION
OLD N0. NEW NO. IRRIGATED NON - IRRIGATED
•
At .iLL
471 .1�. ¢J e
'so . SC •mss
Thne-
S�. fie. ii ¢
I I --
1 820610 \,
,. „ '
z;; . '
; _ _ -
•p .;
6i
1\1[6.4
•
t Pt
gg
k a V
I- p ., ''y 16�r
,.ltd,.! 4. 1 • ett T �~ II M1•N Yi j '
,
N 00
,_,Z--
i.
1.. .'Z,`" -,�..•i' '`t•• _ t t,t, ,r ~ is.` ' g " .
' 9& +. { i' �t, r ,, t - re.. v'k- 5M.. g
o . it . 1� «iRra ., i p. 't?T'. •syrP i. - wr .
Jy
:. f I 4_ •Y -r 21
t �
' y .y'^�, w.
1yp .may
x :� t• _ ('' 'Ct t. iSy t8.-M1
y
9:
?7i
lry , 2'ji •'.1.,, r :
' 4y -
M1 yL't I 4 '}
+ �1 F
-' _ '2!,... \e -• y2_maeltk,-,-4 u, . a ' . ..,1
,' a. ., ,is 8�sO61O vA '
�4 .. i 'eft k 4 1i
� N x. � N4 C. 1 FI `j' 'jrr r
A 7P7ecT or LAND 5,74/47-6 i4. 7796 AI 4 of y /6 A /& %4
of' SEcrol., 11, I oW 1.SfHIP Co ,l/oPge4 i' dAvy&- Lie. c..7)
cote__ I,-to�(n7
(07 (.c iesr or THE &TH ?,44., LcJEL) eoc�,v7 -
CoCo?,dbo. ,
Fl
\n
9 �
o
SWea7 )2 of 5 `J 6Lc = Cco \n
J
W
vl
1
I-.I Sr743•ea" W 3m1. 34 ,�� -)5:6.4. r
ilj
\ ' 3
\:% i 0 a Q 0
m I a r
K• S '0
vn l�p�EA ' /.S2 4c.r-r5 I13 of _J i r O \1\
CS c� o 0
tt� � �
\ t� Iii
UT ,. � Y
n I
�1 a �)
a 43 •0O 2`ja.'IS \1 Sz.75 il Y EY1 ST/Qt. -!]Rca 65 S1-lel.an y -
1
=IGRI(7 N�6TVO ;rc. I.4.?at 6.02;gay". N
N I /10. IS'24o‘1 a
N h
1
S Tc N
( 0
l
v
IB 11 LJ.un&
LnµE
(Waist ,L 2
^QvunL
Tnc.nu of
c.5.H.•39z to,...o),0)5
LOO TIO 4 Si6w C*
SURVEYOR'S CERTIFICATE 1-"..r
.vi
hereby certify that this plat was prepared under my supervi3O ^;,y15i6:;C:e�c<' 1.
and that the same is correct to the best of my knowledge an&" 14f. 4 ;5 bl
•
� r-:��C���..cC�., I /
J es L. Mueller, L.S. 12°66 80610 >
4-s,I.
1B' eco bob eV&MPriov AJtimaeR : 0807. 17. 1•RE526
M Mueller - Wood a Assoc , inc.
Ve Land Sunning anti Enen.../ng
I nv.nnel CNa,ade 1303) 669-0800 ,r
A TPAc•T of .Sub $iroare /N THE A/* or THE .tie 1/4
off' �j8c+rsosJ 1, , T Cs A1. ,"P". Co) La. of T-tt-E. Co YN
M • , C4 Seto Coca ..sty , Colo15ADo .
Kie rn QUekTee Cat. ti`.eoa,.Se-c-
IJoTj7rl 4/../Cr of fee-. 17 7 Il•c. c.-7
J
a
r
i „ lr 1-t .
.
dDyi t % /a7/////t 1
.,34 R r 5#17'.2
%////_
ISa
0
2 1
o-1
N
2,2.e `
LEGAL DESCRIPTION:
The North Half of the Northeast Quarter of Section 17, Township 6 North, /W X
Range 67 West of the Sixth P.M. , Weld County, Colorado, EXCEPT a strip
of land 29 feet wide off-the South side, ALSQZQEFTING that portion / 4
conveyed to the Department of-Highflys, State of Colorado, by deed Ifs recorded May 27, 1966, Bk. 568, Rec . # 1489972 in Weld County Records, '71/Si
ALSO EXCEPTING that portion conveyed to Ernest and Janet B. Hamburger,
by deed recorded November 19, 1968, in Book 602, Rec . # 1524037, Weld
County Records, ALSO EXCEPTING that portion conveyed to John and Helen
Kelly by deed recorded August 19, 1969, Bk. 614, Rec . # 1535536, in
Weld County Records, ALSO EXCEPTING that portion conveyed to Theodore
and Emma Starck by deed recorded March 17, 1965, Bk. 537, Rec. #
1458912, Weld County Records.
820610
7)&ecatybeb ExeMprio*, Ahimsekx, ()807• IT• I. RF 52R
M Mueller - Wood a Assoc , Inc. t
wAtons Surveying end Engineering
Y11 Cove/and. Colorado (303) 669-0800
S iiaer 3 o 3 ,
f ^y�n��p— ^ a'�."n/ G
LEGAL DESCRIFIION r� /O
i,> I
A tract of land situate in the NE. 1/4 of Section 17, Township 6 North,
Range 67 West of the 6th P.M. , ' eld County, Colorado, being more
particularly described as follows:
Commencing at the NE. corner of the aforementioned section 17
and considering the East Line of said section 17 to bear
S 0°-17'-00" W, and with all bearings contained herein relative
thereto; thence S 0°-17'-00" W, along said East Line, a distance
of 770.66 feet, more or less, to a point; thence N 89°-43'-00"W,
a distance of 55.66 feet, more or less, to a point, said point
being the True Point of Beginning; thence N 89°-43'-00" W,
a distance of 367 .34 feet, more or less, to a point; thence
S 20o-23'-53" E, a distance of 213.78 feet, more or less, to
a point; thence S 89°-43'-00" E6 a distance of 294.75 feet, more
or less, to a point; thence N 0 -33'-00" W, a distance of
200.02 feet, more or less, to the True Point of Beginning.
The above described parcel contains 1 .52 acres and is subject to all
Easements, Agreements and Rights-of-Way now on record or existing.
I, the undersigned, being the sole owner in fee of the above described
property do hereby subdivide the same as shown on the attached map.
Charles W. Kirby
The foregod3i. g certificate was acknowledged before me this 4
day of rd , A.D. , 1981
My commission expires : My Commission expiret bet , %7 7
Notary Public
Witness my Hand an ' " —Co
Seal ,-
c-
The accompanying plat is accepted and approved for filing.
AIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
f� S_ yy�, � �
ATTEST : County Clerk ' �^'�k `��4��
By i
le
Date /--ft.. Fy
820610
r em7Deb FxemprroN ilwwa&y : 0807 - 17- I-RE 526
Mue/%r - Wood a Assoc , Inc. `
M .4
es/
� � /� /nnA t...i s�/nn rnA Cnnina eiinn
Hello