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HomeMy WebLinkAbout830895.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 634 - NORMAN LYSTER 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 parcel of land, as shown on the plat known as Recorded Exemption No. 634 , having been requested by Norman Lyster, described as the Southeast a, Section 26 , Town- ship 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be pro- vided 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 8 acres and 142 acres, more or less, to separate the improvements from cropland. 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 definition of the terms "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) the applicant shall submit a mylar plat to the Department of Planning Services Office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board; and 2) the applicant shall reserve an additional twenty (20) feet of right-of-way on Weld County Road 64 for the LD: ZON RE 634 aau a95 Page 2 RE: RE #634 - NORMAN LYSTER future development of an arterial street. The submitted mylar plat shall indicate this stipulation as requested by the City of Greeley in a letter dated September 30, 1983 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ,_�j WELD COUNTY, COLORADO ATTEST: 'I l�[nAnn. acti^r�"ehni Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman By: L f' LL Deputy County Clerk J n T. Martin, ro-Tem APPROVED AS TO FORM: Pfit.&ere7S- Gene Brantner unty Attorney Norman Carlson cqu ine o nson DAY FILE : October 31, 1983 830895 RECORDED EXEM► TION N° 0803 - 26 4-RE•634 I 1 F F f G6_ ae e4 _ ... 6e•a J7/ 'Asa 7 fr 6.•k 94 S 2 io. y r "We �e "'e'en \ •-__.- SE %4 .Sre 26 Ni, ) 1\. 4 _s-ca/e,/':408' .4 o T '.a • Ain set -r- r -3o' • -na,/ppse/ Ala Le Rctes + -s- ., d • -loin A'UnpI N69'sa o5-A- 1° '. f c yn so.76' L543 a `S6• F `mss' b v:7--. 10 LOT. ;q ' 3 Ni-' ti •n 6.9S--¢:Ac . M n M r.. o'S/r,�v 0 0^ ." o �/ reservev�r o M k /ur4+rr A..4 w� hl I .v c a an ds'w. h ,8!90•L(�bD/K 106'0.34t -sveRG4- {- 1- - - -kr - -sds.eB' -r =+\ •44,/ nei/ 4orA LSGlCoe rrwePo:n/el FoiNTOF 76-b-a 5 dT �,,, 2 /N �; ��'er sr cor er sec2G 4•f i4. r.6N,.P.rArlie OAVNrRS= 22 ,t3 •,-1,,,, IRrea ' .ke 24 wa //7/7,74%, H. Lys/er 22727 /,4/CP 604 rI Gree/ey, C/o Bolos/ C f u V 3 3 Z7 --- - - - c= a 25 Lo r Z ,8 , F Lir RS5W �cR a4 \ �'9/ 34 35 3C 830895 y%clNrry MAP seals: tweet. Freese Engineering 83- 109 RECORDED EXELPTION N° 0803-2t. - 4-RE•634 lef41; LEGAL DESCRIPTION g 03 az The Southeast Quarter (SE') of Section 26, Township 6 North, Range 65 West of the 6th P.M. , except all that part of the North Half (N' ) thereof which lies North of a line drawn parallel with and 100 feet distant southerly from the centerline of the main track of the Union Pacific Railroad (known as line East from Greeley) as the same has been surveyed, located and staked out, through, upon and over said section and containing an area of 10.66 acres, more or less, as described in deed recorded in Book 292, page page 371 of the Records of Weld County, together with all of the benefits, rights and privileges provided by that certain agreement between the Union Pacific Railroad Company and A. N. Lyster, recorded in Book 714, at page 17 of the Weld County Records, and also a right-of-way for an underground pipe line described in and conveyed by A. N. Lyster by deed from J. E. Dunn, recorded in Book 946, at page 512 of said Weld County Records, all in Weld County, State of Colo- rado. LEGAL DESCRIPTION LOT "A" Beginning at the Southeast Corner (SE Cor) of Section 26, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado and considering the South line of said Section 26 as bearing North 90°00'00" West and with all other bearings con- tained herein relative; Thence North 90°00'00" West, 1,050.34 feet to the True Point of Beginning (T.P.O.B.) ; Thence North 90°00"00' West, 585.28 feet; Thence North 0°24'48" West, 727 .58 feet; Thence North 89°53'05" East, 250.76 feet; Thence South 56°29'44" East, 408.87 feet; Thence South 0°07 '56" West, 502.37 feet to the True Point of Beginning, said tract of land contains 8.954 acres, more or less. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision and that the same is correct to the best of my knowledge and belief. JASPER ES Colored .E. & L.S. 4392, 4 'f. PROPERTY OWNERS' APPROVAL =asr, >'-c .' Ci I, Norman H. Lyster, being the sole owner in fee of the above described protserty"do hereby subdivide the same as shown on the attached map. ,t_V,,.rman H. Lyster The foregoing certification was acknowledged before me this day of c+r.wk‘a7au , 1983. Witness my hand and seal. My Commission expires: �Q� 11 Notary Pub is my Ccmmission expires Feb. 13, 1985 PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved for filing. • ATTEST: • County Clerk: """` �� Boa , 4t Commissioners BCj O,, / 4 -' -)1 �. Dated: R o, / fl 810895 Freese Engineering 83- 109 DEPAR T MENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 wilgC. COLORADO October 26, 1983 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #634 Dear Commissioners: The attached application, plat and related items are in reference to a request from Norman Lyster for a recorded exemption. The parcel of land on which this request is being made is described as the SE4, Section 26, T6N, R65W of the 6th P.M. , Weld County, Colorado. The property is located 3 miles northeast of Greeley on Weld County Road 64. The property contains approximately 150 acres of Class I(Prime) , IIe(Prime) , and IIIe(Prime) irrigated soils. The request is to divide the property into parcels of 8 acres and 142 acres, more or less. Mr. Lyster would like to separate the improvements from cropland so that the latter may be included in a family partnership. 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: iso - TheAacres, 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 uses. - The proposal was reviewed by the city of Greeley and was found to comply with their long-range Comprehensive Plan. 830895 Board of County Commissioners Page 2 - 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 North 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 Weld County Road 64. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant submitting a mylar plat to the Department of Planning Services office to be recorded in the office of the 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. 2. The applicant shall reserve an additional twenty feet of right-of-way on Weld County Road 64 for the future development of an arterial street. The submitted mylar plat shall indicate this stipulation as requested by the City of Greeley in a letter dated September 30, 1983 Respectfully, 44gaiat2S1 6-.1O7-eh Michael S. Mullen Current Planner 830895 FIELD CHECK FILING NUMBER: RE-634 DATE OF INSPECTION: October 10, 1983 NAME: Norman Lyster REQUEST: Recorded Exemption on a 150 acre farm LEGAL DESCRIPTION: SEA, Section 26, T6N, R65W of the 6th P.M. , Weld County, Colorado LAND USE: N Union Pacific Railroad right-of-way, Weld County Road 641, irrigated cropland, farm residence E Weld County Road 47, irrigated cropland (beets) , farm residence, residence S Weld County Road 64, irrigated cropland, laborer houses to the southeast, mobile home, produce shed, laborer house, risidence W Irrigated cropland ZONING: N Agricultural LOCATION: Approximately three (1) miles E Agricultural northeast of Greeley; north of Weld County S Agricultural Road 64 and west of Weld County Road 47 W Agricultural COMMENTS: The subject site is irrigated cropland with a slight slope to the southeast. Access is to Weld County Road 64 (a gravel road) and Weld County Road 641 (a dirt road) . Proposed Lot "A" would consist of the 142 acres of cropland and two laborer houses. Proposed Lot "B" would consist of the improvements on the remaining acreage: three story residence, shop, barn, garage, shed, and a four row tree shelterbelt. BY: 41'O 2S• h OYEM Michael S. Mullen, current flanner MSM:rjg s30895 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915_10.th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : 'fq �� © APPL . FEE ,S dd CASE NO . 2,ECo3 p �C? / R CORDING FEE 4. >° ZONING DISTRICT Pf- ' li c : :, ' 19a3 R CEIPT N0 S /sip J DATE PL . CHECKED BY 4$1,1k Weld Co_ Planning Commission 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 : --� --65ui TOTAL ACREAGE : 11 G Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No_ FEE OWNERS OF PROPERTY : Name : rip a�1 /../: !/6i/e -- -- — - Address4: 2, 2 221-i fiJQ /c Occe4I /y 17c6 Q'cY 4' Phone :M,7 2 Name : Address : Phone : Name : Address : Phone : "lc/ rieWI ! .vWeCL4 WATER SOURCE : Larger Parcel No, Z J,jch Smaller Parcel2 we/ 5, Id—I' TYPE OF SEWER : Larger Parcel /VGLIC Smaller Parcel �Epf-r.c --Mr1k- PROPOSED USE : Larger Parcel irubli,,z.Smal ler Parcel at,Ohio(' zgord�= ACREAGE : Larger Parcel /'/2 _Smaller Parcel EXISTING DWELLINGS : ( Yes or No) 445 ( Yes or No ) i/&5 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 : uwner or'Author zed Agent �is Subscribed and sworn to before me this „17/ day of �,. -� , 19X3 , � ( SEAL ) ( // /„/ Notary Public My Commission expires August 15, 19s -- My Commission expires : • 8:.0895 Greeley, Co. 80631 22727 W C R 64 i u us t 3l , 1963 To . - ' eld County Commissioners Gentlemen:- I am applying; for a Fecorded Exemption for a parcel of land contained within the South-east quarter of sect- ion Twenty-six (26) , Township Six (6) , Range Sixty-five (65) , containing approximately eight (8) acres. Said parcel includes the farm dwelling and adjacent build- ings. It is surrounded on the west , north and east sides , by a four row tree shelterbelt. The reason for applying , is that I want to separate land within, and including the shelterbelt , from the agricultural land. The latter will be in a family partnership. There will be no other changes. I intend to live in the dwelling as long as is practicable. The agricultural land is rented to a neighbor. Respectfully , 6tl 830895 tt��' 2Co • • 6)S ?�� tr�Gtl4utrz/. L_�sf��Y f'�" ��� - ` s5'KQkh o'-r.f °op�'ey (,f 1, /afro _ l Af-° f ( � ' ' — — (k/ L©+ R Hoz at- 1 _� „P. I t . - Labo r houses 2 - Dwe I I' riOf1 Qrasa SA©p' C/ - ecttn14 6 -shed -'17-0c) she //er bQ/2` O /7 per/wieiPr ® ' Sieg Pr re e Access cif sederc/p/q c,es c /4 Wel@fig Qnd of wt IdcI/P © f oe (7` 6 end 830895 y fh�' itca"-fern, ter r^etr-telrts � Cp re 65j L/V rtit&t H, Jysier. 22 721 w ce �` . Cyr �/Q ?%oae e?5j-/22h�dd�urvq Hi �'Q c�d6 �( 5 ler, 2272 7 W,ct?, 6 4/, crreley� 2 3 SE'� l& -6 -6:5- /5074 4 r,/( ttn.it ljsk %. 7, `No d 'Q - LeachFre /d4 se/7/7 c ectutk Zero Copt/ , izc//tJed �^ Farm yard d tld 7s I. �itenP eS sepetca /e dwell M acid ( /ct et d u h S e tAx-).,7/- -f`o d e e at Ga f from c ,yCuUura P atie lay FQ wt i jc� yctrfftershi , eve y�arc z 4(o c, /fie c/taupe .; cv // Nitta f with , HIenE opJ,B/ Ycf bQcacse 4eclIctac`e.5 sire k h2 wta- de, Laud itSeS are, /d be 4A-e tsccfrtile eocd' //o -f4-le Q dPoo /op M fl/ r ?nit/ cler? led ratio' nocc5erAwye, /veshinf wit/ % F'Ltre ci 94a-11W // /<aferfere 101 /4 minder/ti c/eue/opif&M / 7, 41° G'/lcznge-s, So cc Lein/ta.ttee rp aazc� rns a s IS' : 830895 i '�^� y 1 .SY: r 'yygj.�.y(Mpil y` pf e k A' 'A 3444 r 9 ' iY®. iat tT "a ' , _ `fir x a ,, G c ,14 skoit I C\Ithrt '• 4 ..,. a o S -.. ...4it' .+ 't' 3 * =SFr J ,e 4 1 • .. b Ie ai �I' 1 t Y 11 t i At i „.1 b j t mot• ., . s+ s _ ! r * :'r_ _ l a x 4.1431144 . _ �r ; '" `ail , " �'r ei 4-4 1 �yg u: r ,M1 N NI P0.�� �1 �i .�^ g "�'h . 'C( ems' ,r fr'i V vc..o. U .� u . . r '13 + • ..j1ro..‘. ' -vn, . ` .,. .til t, a . .s ,c e I ':a • •`Is. 1, - 0 t eQ G it ., Z --v ^+ n G 4' -ilk - +. . i s _ . �,r ... 3" .,.r... i r -'.K. J ; • •'' • 4,20 •1 - 1 `,a /x 1µ. I C • a I '6*. 2-, >,_ :I Q y $1 ur. r tomtit — 1. ~ r i ..�,,, y q. �r J, r,,, ' » • — .I.x. 4 N: ' r�'"1 1 T1 � tar'...±.�µ2/ -„, . 7 t `": .bisii: a .` '' y tlx'i 4 f� '.iY. }I W l rt �i, 04 .95°ter LEGAL DESCRIPTION • ,.-� ~ ." a�_�_ S CASE N0. � ?•--- ' (4' 20 47 ` �"-� 261..616 - 26 ON 1, w,,. PACrFnT,a .. -7 r 39 . ------ -..1 51 t''t 46 47 r 51 I L' 4 / -_ if.... / 1^ of , 47 50 • r4 t I 8 ; SOIL CLASSIFICATION SOIL NO, IRRIGATED NON-IRRIGATED PRIME S --\--- 41 ,., -=.e___ `kt,-c> fie. fie_ `E7g2 1-.Z__,e_.„ e� TL ,e. ‘ _ s 830895 BOARD OF DIRECTORS 42 NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES ALEX HEIDENREICH II,Ibt!" ROBERT ALKIRE F HIGHWAY 85 LUCERNE,COLORADO 80848 GARY SIMPSON V Icps LYLE NELSON,MGR. W.M.McKAY T� =, P.O.BOX 58 - PHONE 358.3020 August 31 , 1983 RE: Water Service , Norman Lyster Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : SE 1/4 Sec . 26-6-65 1 . u Water service is presently being provided to the above described property. 2. g 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 T R DISTRICT Lyl D. Nelson , Manager LDN/wb 8: 0895 REFERRAL LIST APPLICANT: Norman Lyster CASE NUMBER: RE 634 SENT REFERRALS OUT: 9-6-83 REFERRALS TO BE RECEIVED BY 9-16-83 z z z Co o z o z H H H N O H 44 0 H R z W H [W W X P. '-� W0w O U O O U O M' W U O W W 0 OZ of a 0 Z W x Z -- County Attorney (plat only) \� Ken McWilliams, City Planner Weld County Health Department /l Greeley Civic Center ✓ X , ` 919 7th Street J Engineering Department Greeley, Colorado 80631 X County Extension Agent 353-6123 ---- 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 - 830895 ,,fir r p :c ti.. f AI ► t ► f 1` • $ k *tor , rs o ..ait. • ♦O 'a1 s . cv w, x' rcta r��..,f GREELEY CIVIC CENTER GREELEY. COLORADO 0061'. PHONE i303i 953 612' September 31 , 19h3 Michael Mullen Current Planner Weld County Dept . of Planning Services 915 10th Street Greeley , CO 80631 Dear Mike : The Greeley Planning Commission , at its September 27 , 1983 , meeting , reviewed the request for a recorded exemption on a parcel located four miles east of U.S . 85 Bypass and north of County Road 64 . The Commission recommended approval of the lot slit subject to reservation of the additional 20 feet or right-of-way for the future development of County Road 64 as an arterial street . Thank you for the opportunity to review and comment on this proposal ._ If you have any questions or need clarification on this matter, please do not hesitate to contact our office. Sincerely , Ken McWilliams City Planner KM:vlp t I i\i ' I s, y1:t uiR l'GVC,1111Sz.iDP, "A COMMUNITY OF PROGRESS" g,40895 Hello