HomeMy WebLinkAbout800621.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 456- C.M.S. , INC.
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 meeting held
on the 22nd day of September, 1980 in the Chambers of the Board
of County Commissioners of Weld County, Colorado, that the divi-
sion into two parcels of land, as shown on the plat known as
Recorded Exemption No. 456, being the property of C.M.S . , Inc. ,
described as the Southwest Quarter and Part of the South Half
of the Northwest Quarter of Section 36, Township 5 North, Range 64
West of the 6th P.M. , Weld County, Colorado, being more parti-
cularly described as follows 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:
The Southwest Quarter and the South Half
of the Northwest Quarter of Section 36,
Township 5 North, Range 64 West of the
6th P.M. , Weld County, Colorado, EXCEPT
the North 293 feet of said South Half of
the Northwest Quarter and that part of
the South Half of the Northwest Quarter
of said Section 36 conveyed to Asa
Sterling by Deed recorded in Book 359,
Page 231, Weld County records; and EXCEPT
right-of-way as conveyed by Deed recorded
in Book 296, Page 149 , Weld County records.
LOT "A"
A parcel of land located in Southwest Quar-
ter of Section 36, Township 5 North, Range
64 West of the 6th P.M. , Weld County, Colo-
rado being more particularly described as
follows :
Beginning at the Southwest Corner of said
Section 36, and considering the West line
of said section as bearing North 00°00"00"
East, with all other bearings contained
herein relative thereto;
Thence North 00°00 ' 00" East, 476. 60 feet to
the True Point of Beginning;
Thence North 00°00 ' 00" East, 1246 . 06 feet;
800621
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Thence South 49°53 ' 25" East, 123. 61 feet;
Thence South 05°00 ' 55" West, 37. 05 feet;
Thence South 36°45 ' 51" East, 201 .12 feet;
Thence South 43°29 '48" East, 185. 61 feet;
Thence South 29°06 ' 56" East, 93. 60 feet;
Thence South 16°41 ' 11" East, 74 . 57 feet;
Thence South 00°52 ' 00" East, 136 . 31 feet;
Thence South 17°48 ' 51" West, 154 . 99 feet;
Thence South 28°43 '43" West, 124 . 62 feet;
Thence South 43°22 ' 57" West, 141. 26 feet;
Thence South 47°51 ' 02" West, 275. 31 feet to
the True Point of Beginning.
Said described parcel of land contains 7 . 343
acres , more or less, including 0. 840 acres,
more or less , reserved for county road right-
of-way purposes 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 described parcel of land.
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-lA(3) of the Weld County Sub-
division 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 C.M.S. , Inc. be, and hereby is, exempt
from the definition of the terms "subdivision" and "subdivided
land" pursuant to its authority under Section 30-28-101 (10) (d) ,
CRS 1973, as amended, conditional upon an access through either
Lot A or Lot B which is mutually agreed upon by the parties
concerned.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
September, A.D. , 1980 .
-� �- �t BOARD OF COUNTY COMMISSIONERS
ATTEST: Q[ 4.SAW/l�4fiYt� WELD COUNTY, COLORADO
Weld County C�/i/erk and Recorder f / t1/ (Aye)
and Clerk to the Board C. W IKi�by`, Chairman
� l c
BY:
_ Iii g/ (/0.! i' .,-,Lc n.ck ;. i�E (Aye)
epuutsy� County Clerk Leonard L. Roe, Pro-Tem
APPROVED, A$, TO FORM:. (ABSENT)
Norman Carlson
2f->,(/
/ Deputy County Clerk (A e)
a Dun ar, /
(No)
ne K. S einmark
DATE PRESENTED: SEPT. 24 , 1980 i, 800621
6
1,c( Win
OFFICE OF WELD COUNTY CLERK AND RECORDER
DEPARTMENT OF CLERK TO BOARD
VI I
PHONE (303) 356-4000 EXT. 2233
C P.O. BOX 758 X�ADO 80631
mx
GREELEY,LE Y, COLORADO 80631
COLORADO
September 23, 1980
Dear Mr. Miller,
In accordance with the Board of County Commissioners policy our
office is holding the plat for C.M. S. ' s Recorded Exemption #456,
pending receipt of the easement agreement. Following the execution
of said agreement by all concerned parties please remit same to this
office. We will then have Commissioner Kirby sign the plat and
record it along with the agreement. The recording will be done
at no cost to your client.
If you have any questions please do not hesitate to contact me.
Sincerely,
' tDItt
'Keitha White
Deputy County Clerk
800621
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
ik
COLORADO
September 17, 1980
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption # 456
Dear Commissioners :
The attached application, plat, and related items are in reference to a request from C.M.S. ,
Inc. for a recorded exemption. The parcel of land on which this request has been made is
described as the SWa and Pt. SZ NWa Section 36, T5N, R64W of the 6th p.m. , Weld County,
Colorado. This property is located 31/2 miles southeast of Kersey. The property contains
approximately 212.3 acres of Class I through V irrigated soils . The request is to split
the property into parcels of 7.343 acres and 205 acres .
The Corporation wishes to sell the property. The 7.343 acre parcel has two existing
residences, numerous out buildings, and corrals located on it. The 205 acre parcel is in
agricultural production and is under contract at the present time. The purchaser of the
205 acre parcel plans to continue farming the parcel . Two letters of explanation were
submitted with the application, one from the applicant and the other from the Broker list-
ing the property.
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 is consistent with the intent clause of the Recorded Exemption procedure,
the intent clause of the Agricultural Zone District, and the Weld County Comprehensive
Plan in that the use would be compatible with the surrounding agricultural land uses .
The request will not exceed the residential denisty which is currently available to
the property because of the minimum lot size for irrigated property. The request will
allow agricultural and related uses to continue to be the predominant land uses . There
would appear to be no reduction in amount of land currently being used for agricultural
production.
2. The request complies with the provisions of Section 9-4(A) of the Weld County Subdivision
Regulations .
Respectfully,
•
Chuck antli e
Assistant Zoning Adminis tor
CAC/dr 800621
APPLILNTION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . RE- 456 APPL . FEE tt.00
R
ZONING DISTRICT lYoCMgp�\ RECORDING FEE 4410
DATE AUG 251980 0 RECEIPT NO . WA452, tr 2.32-
APPL . CHECKED BY eat_
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 Southwest Quarter (SWa) and the South Half of the Northwest Quarter (S'NWa)
of Section Thirty-six (36) , Township Five (5) North, Range Sixty-four (64) West
of the 6th P.M. , Weld County, Colorado, EXCEPT the North 293 feet of said South
Half of the Northwest Quarter (S ZNW14) and that part of the S'NWQ of said
Section 36 conveyed to Asa Sterling by Decd recorded in Book 359, Page 231,
Weld County records; and EXCEPT right-of-way as conveyed by Deed recorded
in Book 296, Page 149, Weld County records.
ACREAGE : Lot "A" 7.343 ; Lot " B" 205 ; Total 212.343
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes no No _
Are there any existing improvements on Lot A? Yes x No
Lot B? Yes No X
FEE OWNERS OF PROPERTY :
Name : Walter Schlagel,Secretary Address24186 WCR 59,1 ers Phone 353-2168
Name : Duane Schlagel,President AddressBox 164,Glendo, o. Phone /35-4302
Name : Address Phone
WATER SOURCE FOR : Lot "A" weld Central Wtr.DistLot " B" Weld Central Wtr.Dist.
TYPE OF SEWER FOR : Lot "A" Septic, leach fielcl; Lot " B" none
PROPOSED USE FOR : Lot "A" Family Residence ; Lot " H" Farming
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 ) �C� � C�cz� ✓ -.�`
e A
Sig tYalture : Owner or Aut h o ' Agent
Subscribed and sworn to before me this ✓ day of __ / , 19 .
SEAL
Not ray Public
ty Commission Expires Jan.4,1981
My Commission expires :
e(10621"- #
', S E N O �.E. 45Co
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4U
/7A
B G
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON -- IRRIGATED
/7- A 4/
5 - ,8 4 LrP� i v�
121 B-C 48 __Zzre ! 2-Fa
34 - CJ 4 1Tw -�UnrL
-co 17fe
eOO62 .'
REFERRAL LIST .
VD
O APPLICANT C.M.S. , Inc.
CASE 4' Re-456
REFERRALS SENT OUT ON:
September 2, 1980
C ° REFERRALS TO BE RECEIVED BY:
E- y
w o
D-4 PI
CCU H (a
O U C4
Fa
O F, 0
REFERRALS RECEIVED
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SEP 10 1980 County Attorney Plat only
SEP 11 1980
County Health
SEP 8 1980 County Engineer _
Lower Latham Ditch Company
SEP 15 1980 c/o Marcellus E. H. Smith
907 10th Avenue
Greeley, Colorado 80631
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-- 800621
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CITY PROPERTY
GILBeIUGH- COMMERCIAL
REALTORS
352.7037 MANAGEMENT
AGENCY FARMS
1312 9th Avenue RANCHES
TRADES
Since 1939
GREELEY, COLORADO 80631
August 22, 1980
Bill Kirby , Chairman
Weld County Board of Commissioners
Box 758
Greeley, Colorado 80632
Dear Mr. Kirby :
Attached hereto is Application for Recorded Exemption along
with a contract for sale on the SW4 and the Si of NWk of
Section 35, Township 5 North , Range 64 West of the 6th P.M.
This property was recently sold by my office, the Gilbaugh
Agency, to Robert E. Backus, son and Elaine D. Backus , mother .
Mr . Backus plans to move from the Denver area to the Kersey
area and farm the above property himself.
Mr . Backus is not desirous of purchasing the improvements ,
which include two residences , one of which is very nice and
a rather expensive brick home . This set of improvements has
been appraised by members of my staff for between $125,000 and
$135 , 000 . With the present economy as it is , the purchasers
feel that the $125 ,000 to $135 ,000 could be much better spent
in the farming operation .
Mr . Backus is presently contemplating the purchase of 80 acres
we have listed which lies just across the road to the south of
this property . If that does not materialize, he will acquire
temporary residence in Kersey until we find him an additional
80 acre farm close to the above described property that will
have living quarters .
All contingencies of the attached contract have been satisfied,
including the loan commitment by Federal Land Bank, except the
contingency of the recorded exemption . Federal Land Bank 's
commitment is without the improvements .
Thank you very kindly for your favorable consideration of this
matter .
Sincerely ,
Iva Gilbaugh
Broker It
MEANS PROFESSIONAL SERVICE
jcb
REALTOR'
e0'062L,
August 22, 1980
Board of County Commissioners and
Planning Commission
Box 758
Greeley, Co. 80631
Dear Ladies and Gentlemen:
On May 6, 1980 we, the C.M.S. Coipuration, sold our farm to
Mr. Robert E. Backus subject to certain financing, which has
been approved and subject to being able to obtain a recorded
exemption.
We have attached our request and application for a recorded exemption.
Our farm was sold by Ivan Gilbaugh of the Gilbaugh Agency. Before
this contract that requires a recorded exemption, we received two
other contracts, both we were unable to complete because of
financing. The main reason for losing both of them was the loan
companies could not make the required loan because of the high
value of the improvements.
We presently have the improvements listed with the Gilbaugh Agency
for $135,000.00 subject to a recorded exemption. We are selling
the farm because the 5 brothers and sisters in the corporation feel
the farm has not paid for itself.
We have had the farm listed for about a year and it appears that the
only way we can sell it is by selling the farm separate fran the
buildings. Your consideration of our request will be appreciated.
Sincerely,
-.;71/41
Walter M. SchlageY, lecretary
C.M.S.Cat piration
800621
‘Ta?' CENTRAL WELD COU
NTY WATER DISTRICT
105 18TH STREET DALE D. OLHAUSEN
GREELEY. COLORADO 80631
PHONE (303) 352-1284 MANAGER
D
August 26, 1980
Walter Schlagel
24186 Weld Co. Road 59
Kersey, Colorado 80644
C.M.S. , Inc. - Owner
RE: Water Service
Dear Mr. Schlagel:
This letter is in response to your request for the availability of
additional water service for the following described property:
See Attached Legal Description
•
Water service is presently available to the above described property
by tap number 257 . Additional water service can 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
Dale D. Olhausen
Manager
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ASSIGNMENT
#257
FOR VALUE RECEIVED, I/we hereby sell , transfer and assign to
C.M.S. . Inc. , one - 5/8" water taps in the
CENTRAL WELD COUNTY WATER DISTRICT, on my/our property described as follows
situate in Weld County, Colorado, to wit:
swk & Sk NW': Sec. 36, T5N, R64 West of the 6th P.M. (4D-4R). S of N293' ,
Exc. that part deeded to Asa Sterling by deed recorded in Book 359, Page 231,
Weld County Records, exc. Und. Int. oil, gas S other Minerals. 201a.
It is understood that these taps were purchased for the aboved described lands
and may not be transferred to other lands, without express, written consent,
in addition to the below consent, of the CENTRAL WELD COUNTY WATER DISTRICT.
I/we further authorize the Secretary of said District to do any and all things
necessary to effectuate this transfer on the books and records of said District.
I/we hereby state that all water rates and charges and other monies owed to
the District have been paid and if not, shall be held out at the closing of
the sale of my premises.
IN TESTIMONYWHEREOF, I/we have set my/our signatures this day of
"^.(U ✓ 2---1 , 19-79
Seller��ch . -al
Se" e7-J-11
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-eat)
I/we further agree to pay any and all charges hereinafter levied by said
District for said taps and to abide by all regulations adopted by said District.
ACCF,I;TE .
ue .
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FIELD CHECK
FILING NUMBER: RE 456 DATE OF INSPECTION : 9-5-80
NAME: C.M.S. Inc
REQUEST:
LEGAL DESCRIPTION: SWa and Pt Sz NW' Section 36, T5N, R64W
LAND USE: N Agriculture
E Agriculture
S Agriculture
W Agriculture .
ZONING: N Agriculture
LOCATION: 31/2 miles southeast of Kersey E Agriculture
S Agriculture
W Agriculture
COMMENTS: .
Parcel is irrigated farmland (corn and hay)with some ceepy ground along the north-
western edge of the property. The improvements parcel contains two residenrec
and numerous outbuildings, sheds, farm equipemnt and corrals. Sign on the property
states that 208 acres of irrigated land is for sale. The improvements parcel is
cut off from the rest of the property by a ditch. Both parcels have access to
County Rd 59 (paved surface). The large lot has access to Co Rd 50. I did not
see the other 80 acre property advertised for sale as stated in the letter.
800621
BY: A.V.ClaffretitkQ r
paf/ 9-8-80 ¢
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