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Home My WebLink About830887.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 626 - CLARENCE AND VIVIAN EVERS 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. 626 , being the property of Clarence and Vivian Evers , described as part of the Southeast 1/4 , Section 3 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly 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. 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 Clarence and Vivian Evers be, and hereby is, exempt from the definition of the terms , "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) Any further development of Lot 1 shall be subject to the Site Plan Review procedures of Section 23 . 1 , Weld County Zoning Ordinance; 2) Development of Lot 1 shall have adequate access to Colorado Highway 119 . A thirty (30) foot wide common access drive shall be provided prior to development of said lot; and 3) A revised mylar plat shall be submitted to the Department of Planning Services Office to be recorded in the office of the Clerk and Recorder. The plat shall show a fifteen (15) foot ingress and egress easement on the western boundary 8 JO 98 7 Page 2 RE: RE #626 - EVERS of Lots 1 and 2 and shall also show a twenty (20) foot easement from the Rural Ditch on the eastern boundary of Lots 1 and 2 . 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. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D. , 1983 . y�,. BOARD OF COUNTY COMMISSIONERS ATTEST: /J'�--- lJ _�A� -tom WELD COUNTY, COLORADO Weld County Clerk l and RecorderEXCUSED and Clerk to the Board Chuck Carlson, Chairman By: \Jr-214_ r c u �c-; . / T. az/ l v Deputy County C erk J n T. Martin, Pro-Tem APPROVED AS TO FORM: e Iv/tX p1/ La ne R. Brant er C EXCUSED f !�' County Attorney Norman Carlson ( J cque ' ne J hnson DAY FILE: July 25 , 1983 830887 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO July 19, 1983 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Re: Recorded Exemption #626 Dear Commissioners: The attached application, plat and related items are in reference to a request from Clarence and Vivian Evers for a recorded exemption. The parcel of land on which this request is being made is described as part of the Southeast 1/4, Section 3, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. The property is located 3.25 miles northwest of Firestone on Colorado Highway 119. The property contains approximately 5.01 acres of Class IVe and Class VIw nonirrigated soils. The request is to divide the property into parcels of 1.5 acres and 3.51 acres, more or less. The subject site is currently zoned "C-3" Commercial, and it is occupied by C-J's Liquor Store. The applicants would like to separate that portion which has the liquor store from the remainder of the property. 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. 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: 530857 Board of County Commissioners Page 2 July 19, 1983 The 5.01 acres, more or less, under consideration will allow uses which are consistent with the intent of the "C-3" District. The uses will be compatible with existing surrounding uses. - 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. The proposal does not exist in an overlay district area. The proposed lots meet minimum lot size requirements for land division. - The Left Hand Water Supply Company 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 Weld County Health Department has indicated, in a letter dated April 20, 1983 that both lots will have adequate sewage capacity. However, some sort of district may be required in the future to serve the sewage needs of the entire Del Camino area. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. Any further development of Lot 1 shall be subject to the Site Plan Review procedures of Section 23.1, Weld County Zoning Ordinance; 2. Development of Lot 1 shall have adequate access to Colorado Highway 119. A thirty (30) foot wide common access drive shall be provided prior to development of said lot; and 830887 Board of County Commissioners Page 3 July 19, 1983 3. A revised mylar plat shall be submitted to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The plat shall show: (a) A fifteen (15) foot ingress and egress easement on the western boundary of Lots 1 and 2; and (b) A twenty (20) foot easement from the Rural Ditch on the eastern boundary of Lots 1 and 2. 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. Respectfully, espectfullly,, 'partCKO�tJC.�• Michael S. Mullen Current Planner MSM:dg 830587 FIELD CHECK FILING NUMBER: RE 626 DATE OF INSPECTION: July 18, 1983 NAME: Clarence and Vivian Evers REQUEST: Recorded Exemption on Commercial "C-3" Property LEGAL DESCRIPTION: Part of SE-1/4, Section 3, T2N, R68W of the 6th P.M. , Weld County LAND USE: N Irrigated cropland (corn) , 1-25 to the Northeast E Rural Ditch, mobile home, Stuckey's, 1-25 access ramp S Highway 119, Rural Ditch, St. Vrain Petro Station, Del Camino Truck Stop W Loves Country Store, Best Western Motel ZONING: N "C-3" and Agricultural LOCATION: 3.25 miles northwest of Firestone; E "C-3" West of I-25 and north of Highway 119. Area S "C-3" and "R-5" commonly known as Del Camino. W "C-3" COMMENTS: acm Subject site is a 5.01Atract. The southern portion is occupied by C-J' s Liquor Store while the northern portion is idle pasture land. The parcel is currently zoned Commercial "C-3". Access to the property is provided by a curb cut off of Highway 119 and is directly in front of the store. No access points are available to the east or north; Rural Ditch to the southeast provides one barrier and the I-25 off ramp to the north of Highway 119 provides another barrier. Access to the rear of the property (i.e. , the undeveloped portion) would require a common access easement between C-J' s and Loves. BY: /IZ4 r C e.49S. Michael S. Mullen, Current Planner 830887 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE er�-tn:—.�{�J CASE NO . II ECoa(p " Illrnr\s'/ � L . FEE 95.0?) — / 718$/ ZONING DISTRICT C-3 JUN 221983 ORDING FEE (0.00 DATE EIPT NO . op st9 / AP PL L A Weld Co. Planning Commission . CHECKED B Y 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 legal description ACREAGE : Lot "A" 3.51 ; Lot " B" 1.50 ; Total 5.01 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 : Clarence J. and Name : Vivian P. Evers Address 1203 Princeton Ct. Phone 776-3363 Name : Address L,".4rst4c .1 Phone Name : Address Phone WATER SOURCE FOR : Lot "A" Left Hand Water ; Lot " B" Left Hand Water TYPE OF SEWER FOR : Lot "A" Septic ; Lot "B" Septic (Le r1) PROPOSED USE FOR : Lot "A" Existing use ; Lot " B" Unknown 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 th best of my knowledge . IZttlefeAl COUNTY OF COLD � STATE OF COLORADO ) tG� -e- 1. C.( Signature : Owner on/Authorized Agent Subscribed and sworn to before me this -3 day of \;,•"z4-__ , 19 ?S3. i SEAL j�, �� Notary Public My Commission expires : 830887 1 I 1 LC Realty, Inc. 203 South Main St. Longmont, CO 80501-6497 [303] 772-2222 Longmont [303] 494-5178 Metro June 3,1983 Mr. Mike Mullen Weld County 915 10th St. Greeley, CO 80631 ATTN: Planning & Zoning Department Dear Mr. Mullen: I have enclosed the necessary documents to begin the recorded exemption process on the land at 3907 Highway 119, Longmont, Colorado. The liquor store located at the site is situated on 5.01 acres of ground. We presently have a contract to purchase on the liquor store business, improvements, and 1.5 acres of ground. (A copy of which is enclosed) The purchaser has no interest in purchasing the entire 5 acres nor does he have the financial capability. The sellers are desireous of keeping the 3.51 acres for future sale beyond calendar year 1983. The property has not been divided from or had divided from it any other property since August 30, 1972. Thank you for your attention to this matter. Please feel free to contact the undersigned or the Evers directly at 776-3363. Yo //ytt�ruly, Edwin Kanemoto Broker Associate EK/sz enclosure cc: Mr. & Mrs. Clarence Evers Commercial • Industrial • Investments • Residential • Land • Businesses • Management �p 830887 June 14, 1983 JIaitrOlzn; -W 7Th TITLE REALTY CO. ,it �.,�i�l� i�v3 LONGMONT, CO. u MR. ED KANEMOTO, Weld Co. Plaoniag Cnmmissioa The RURAL DITCH CO. requests that the easement be 20 feet from the near side of the ditch. This is to assure ample clearance for ditch cleaning equipment. Also no bridge -or other structure shall be permitted across the ditch without approval of th Ditch Co. Yours truly, THE RURAL DITCH CO. Secretary Copies to; David Camenisch, President File 83088'7 RECORDED EXEMPTI ., N NO. , si Q N . 89° 31 ' 53" E. 453.13' o !- O 3. - o " M w N -CV v. W id tir CD '� N M ro O t LOT I M • 04• p N a . � w, ° o .' A 6 LOP 1- 3.51 Ac •2 `t, o LOT 2- 1.50 Ac '� N.89° 34' 30" E . 358.3.' Q� ' GAL- 5.01 Ac Ito la . It N O Qkl\ e • - ea o d LOT 2 0 ,, N N 6� ,o0 SCALE 1" . 100' N • 4, ti -LMID- Z ° �• 0- Pin found Di 0- Pin set • y W DATE - May 9, 1983 a S. 8 9'34'30" . N 125.70' ;v a C0L0. STATE HWY.RT. I19 S.LINE: SE 1 /4 SEC.3 SE COR. tn Z S. 89° 22 '56" W . 578.76 ' SEC.3 i I so r w 4r OANNwit r\...„,40.40$ FO 14 lit d, .—'t LOCATION MAP F et °° SCALE— 1" t 2000' SITE ' eo6o. N! ,I 30897 y IrSHEET 1of82 `- i LEGAL DESCRIPTION '�N• •S ` Sec - a -:(kk94 CASE NO, --- - - • (c--: .Cr) 82 5 65 65 .X i' . r: PlAnag1 ware. yio R. � . .5 10,4 3 3 wafer' 1 PP WHh: 3 JR.. l 3 S C • 10 X I a K '''o I 4_, a 76 x / L.,'‘,11. i is ?'76 , I je SOIL CLASSIFICATION SOIL NO, IRRIGATED NON-IRRIGATED PRIME 3 Vi w —. • -1 co \\ a -JSC...e_ E s 83088"!. 1 - 0 CD 2 k O a aC 11 TSx• $ _ : - t_ jyG I* 4A6 qqt .. l�� .,.,. 4444# ' 7Y sM '. .',.. . f A. T A•_i }G rt R M • i. Va' If: t: — s'w 4`. {" 1 1 3kryk r4 4 S :'J S' 4-QJ N 1 AQ lic. g 't 1i • V. i • i i. // 2 •1 (, pyy4. • #"v 'Aw v k at t 3. `rat. . . Y 4"l .y rs 1 .DS - t `'than 1 } e »y 44,1§9',,. ,1)} inn Y �F 1/ ?3l r-w e ill, f4 r .. ri i s ., Ja 4 'aF p-. WELD COUNTY HEALTH DEPARTMENT Y �_ _ ',, mEmoRAnDum ELflh1b TO MICHAEL MULLEN, PLANNING DATE June 29, 1983 FROM Ron Stow, Environmental Health COLORADO SUBJECT RE-626/Evers Our comments: 1. Concern has been voiced regarding the proliferation of various sanitary facilities near the Del Camino interchange. In the future, some sort of district may be required to be de- veloped to serve this entire area. Also, ground water may be elevated in this area, causing problems with the installation of a conventional septic system. 83088'7 STATE OF COLORADO DIVISION OF HIGHWAYS -�','-z" riot 4. H, P.O. Box 850 .*C ? Greeley, Colorado 80632-0850 [I -- Q.11 (303) 353-1232 July 12, 1983 %;16:,"u'o Weld County U� SH 119 iy-- I'. Evers Exemption il J U' ----.-1 r NW of 1-25 and SH 119 Mr. Michael S. Mullen WeltlCo. Pla:::::2, 11; i DOH FILE 45100 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Mullen: We have reviewed the Evers Exemption Request and have the following comments. This property currently has access only to State Highway 119. Contrary to what is shown on the exemption map, there is no Interstate 25 frontage road existing or planned along the east side of proposed "Lot 1 . " Therefore, some provision for access to this lot from S.H. 119 needs to be made. Any future development of either of these lots would affect the use of the existing access. We ask that application be made for a revision of the existing "Permit for Access" if any additional development takes place. Thank you for the opportunity to review this exemption request. Very truly yours, ALBERT CHOTVACS ACTING DISTRICT ENGINEER iouglas Rames District Preconstruction Engineer DDR:da cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson w/encl . 83088'7 R LC: 0EO)- D EXEMPT O k ("6, , 13 - J - ' - - -va.o b +I ") N . 89' 31 ' 53" E. 453.13' F 0 ' t - O M w N „I N I U) a ' u co M call ;- b L 0 T M It Ar . M • . ?, y O• • bn b#)1151 '3 '. O� LOT 1- 3.51 Ac ,' a1 11 LOT 2- 1.50 Ac SS y , TOTAL- 5.01 Ac - 1 N.89' 34130'1E . 358.3 Id a �P • �, j N cr o �' LOT 2 A0 e y+. �� N O .gyp SCALE 1" • 100' N I/ ,O • ,AP ti -IEC�SAD- Z /' • ti 0- Pin found �� _ 0- Pia set /;.' , y. W I DATE - May 9, 1983 r. :'/ cv o - ® S. 8 9'34'30 • o N 125.7137' . 0 COLO. STATE HWY.RT. I19 S•LINErSE I /4 SEC.3 SE COR. Z S. 89 ' 22 '56" W . 578.76 ' SEC. 3 • r • 4r •AtiwR t �4.MO• • } LOCATION MAP r- w.I F SCALE- 1" * 2000' SITE 1r 111- 830887 L SEEET 1 of 2 . f._ .._____ r..--... r-, r .T� ( •. i`.1, - I ).: - 1 .TTi% kto,.do V. : ,6 7":7171 . . CC) ;-WED EXE " PTIoN No. 1313 -3 - 4 RE• 626 LEGAL DESCRIPPIOR: �0 - t4/ ' That portion of the Southeast Quarter of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado more pnrticularly described as follows: Considering the South line of the Southeast Quarter of said Section 3 as bearing South 89 . 22' 56" West and with all bearings contained herein relative thereto. Commencing at the Southeast corner of .paid Section 3; thence along the South line of the Southeast quarter of said Section 3, South 89. 22' 56" West, 578.76 feet; thence North l ' 24' 42" East, 50.92 feet to the true point of beginning; thence North 1 . 24' 42" East, 615.12 feet; thence North 89. 31' 53" East, 453.13 feet to the West ri t- tate Route 25 frontage Road; thence alongeh o line of InEast, t, 230.00 feet; thence South 24", Said West right-of-way line, South-hay 2' 31' 38" East, 55 04 West, 35.17 feet; thence South 41• 22' 00" West, 490.06 feet to the North right-of-way line of Colorado State Highway Route .Jo. 119; thence along said right-of-way line, South 89. 34' 30" West, 125.70 feet to the true point of beginning. The above described tract contains 5.01 Acres more or less. Subject to any rights-of-way or other easements as recorded by Instrument of Record or as now existing on said described tract. SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepa . t, supervision and that the same is correct to the best of my knowledge and belief. `1 . . Jto �t. ChFa'� O) i t r ALLEN L. TOYER L 11 Yl. 4 11682 a ::; (i/ C WE, the undersigned, being the sole wners in fee of the above described property, do hereby subdivide the same as shown on the attached map. CA ---e-ine , The foregoing rtif ,L ation was acknowledged before me this G A.D., 1983./ mac'' day of My comma lion expires: `?�/e y,-j Notaiy Public: T ' .4/ %' Witness my hand and seal: The adeompanying plat is accepted and approved for filing. CNATR OF THE BOARD OF COUNTY CDMMISSIbNERS _L. ATTEST: COUNTY CLERK: 1L (A. C . ,.. c:; "u mi.fli DATE: C 7 -- ? - I-3 i 830887 SKEET 2 OF 2 Hello