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HomeMy WebLinkAbout820643.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 562 - LIND FARMS, 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 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. 562, being the property of Lind Farms, Inc. , described as part of the Ez, Section 34 , T8N, R66W 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, "sub- division" 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 Lind Farms, Inc. be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided. land" , subject to the condition that prior to issuance of a build- ing permit on the 7 acre parcel evidence of a sewage system shall be submitted to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D. , 1982. Fyn ;} h BOARD OF COUNTY COMMISSIONERS ATTEST: !� {S,<,/cvJ}(�n�w� WEID COUNTY, COLORADO Weld County Clerk and Recorder )8 / / 1 /Z // and Clerk to the Board . Sohn T. Martin, Chairman BY: . 22 LL V n Ll _ ( G Deputy County-Clerk Chuck Carls n, Pro-Te APPROVED AS TO FORM: EXCUSED Norman Carlson rttel---- O - / I LZ, County Attorney . Kirby u K. Ste ark DATE PRESENTED: July 19, 1982 820 b4 3 RECORDED E1E_iil2i' i JUN Nc . _ :) (o , LEGAL DESCRIPTION All that part of the East Half (Ef ) of Section 34 , Township 8 North , Range 66 West of the 6th P. M. , lying North of the Water Supply and Storage Company Ditch; except right of way recorded under Reception No . 1512804 ; and except the following described tract , to wit : A tract of land situated in the Northeast Quarter (NE$) of Section 34 , Township 8 North, Range 66 West of the 6th P. M. , Weld County , Colorado, which, considering the North line of said Northeast Quarter (NE*) as bearing due East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the North line of said NE* which bears West 495. 10 feet from the Northeast corner of said Section 34 and run thence S 00°44 ' W. 498 . 50 feet ; thence N 68°51 ' 20" W, 251 . 80 feet ; thence N 37°55 ' 40" W, 516. 78 feet to a point on the North line of said NEI; thence East 558 . 88 feet to the point of beginning; containing 3 . 9652 acres, more or less , and being subject to a County Road right of way over the North 30. 00 feet thereof . 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. / � 1�� ''l: -r-1. <` • BOA L. MICHAEL JOY , Reg"ilstered Land Surveyor ? v11e• `� Colorado Reg. No[[. 15660 = * i 156:3 itP ,C. r-ef SNP,`taOSC..(?z<re e) OWNER' S CERTIFICATE %..'rrr " ' ,. `� • WE, LIND FARMS, INC. , A CORPORATION, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. f�--27-47 \Lx/LE tir-C. , H. F. LINTY, 'President LORENE LIND, ecretary11 // THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIScNVPii DAY OF i�%ri A. D. , 1982 . / ,/ 2 • WITNESS MY HAND AND SEAL: � i.c. %"-� �`�-� t"�`��� � � NOTARY PUBLIC My Commission Expires : 5 ����' r L �( Y , lei � COUNTY COMMISSIONER' S CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. ATTEST: �� //lLi,_5. COUNTY CLERK CHAyRMAN OF THE BOARD OF COUNTY /- COMMISSIONERS BY :/ il6 DAT : (....../ 7— Z 7.— A— I -N- Stole: 820643 Project No_ 82 - 415 - 01 Dole.: JUNE 16 , 1982 Sheet 2 of 2 ige WESTERN TECHNICAL SERVICES GRANBY-GREELEY, COLORADO n L...1/V ArJ il V t;n ' y P r ) i u ., 1 U. _) (, € POINT OF SET CONC. NAIL BEGINNING N90 0O00"E N.E.COR. WCR 8 _..--6y8f 8 495.10 SEC. 34 �i 3 0 p -8-0 LOT 'A' 'n -ate N 37°5540' W ? m 3 516.78' 8 a 6.94 AC.A, o z r to LEGEND O N6g. o PIN SET • (No.4 REBAR a CAP) N 68051'20'' w Sq 26.36N co PIN FOUND ■ 251.80 I.si, W 'ti-SET CONC. LOT1 �, NAIL 241 ACRES ± SCALE I" = 5001 30 ROW ,.rr WATER SUPPLY &I STORAGE CO. DITCH, .s L. 1 lltipl II M ND CC C) r PIERCE TOWN LIMITS . I�i • \COLD US HWY 85 WCR 88 \ LOT A SE' !/� LOT B / LOCATION MAP 1• 1 t/ SCALE I° = 2000 T rc rl V WATER SUPPLY 8 ; USTORAGE CO. DITCH / -ll ° WCR BB F s20643 N- - SEC. 34 , T8N , R66W ,,,,�„111111, ,,11111111 Scale: E 1/2 Project No.. 82 - 415 - 01 Dote.: JUNE 16 , 1982 Sheet I of 2 '4 WESTERN TECHNICAL SERVICES GRANBY-GREELEY, COLORADO DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Illi C. July 12, 1982 COLORADO WO COUNTY r ISISSI rits T11w7th I JUL.i 3 1982 `i`� LI Board of County Commissioners GREFLEY. COLO. Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #562 Dear Commissioners: The attached application, plat and related items are in reference to a request from Lind Farms, Inc. for a recorded exemption. The parcel of land on which this request is being made is described as part of the Eli, Section 34, T8N, R66W of the 6th P.M. , Weld County, Colorado. The property is located .25 miles south of Pierce on Weld County Road 88. The property contains approximately 248 acres of Class I, II, and III irrigated soils and IV nonirrigated soils. The request is to divide the property into parcels of 241 acres and 7 acres, more or less. The applicant wishes to sell the 7 acre parcel so that it can be used as a future home site and pasture land. The 7 acre parcel is separated from the rest of the farm by an irrigation ditch, making it difficult to economically farm. 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 9-2 C. of the Weld County Subdivision Regulations submission requirements. 2. The request complies with Section 9-2 E. of the Subdivision Regulations as follows: - The 248 acres, more or less, under consideration will allow agricultural and related uses to be the predominant uses. The uses will be compatible with existing surrounding agricultural uses. These facts support the proposal as being consistent with the intent clause of the agricultural zone district. 820643 Board of County Commissioners July 14, 1982 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 Compre- hensive 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 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 88 and 33. - The Department of Planning Services staff recommendation for approval is conditional and based upon the following: Prior to issuance of a building permit on the 7 acre parcel, evidence of an sewage system shall be submitted to this Department. Respectfully, Rod Allison Current Planner RA:rg 520643 FIELD CHECK FILING NUMBER: RE-562 DATE OF INSPECTION: June 25, 1982 NAME: Lind Farms, Inc. REQUEST: a recorded exemption LEGAL DESCRIPTION: Part of the Ell, Section 34, T8W, R66W of the 6th P.M. LAND USE: N pasture and wheat E Trrigated c7gp$_ S Trrigat.ed corn crops W Trrigaled corn crops ZONING: N Agriculture LOCATION: South of pierce at the intersection E Agriculture of Weld County Road 88 and 33 S Agriculture W Agriculture COMMENTS: There is no slope to the subject site. Lot "B" contains a house, two barns, cattle pens and sheep pens as improvements. There is a small irrigation ditch that runs along the south side of the proposed Lot "A". Lot "B" is now planted in corn. BY: /Vat Li.1 Rod Allison, Current Planner RA:rg 820643 ♦ it':.. *".1, 4:41:lii,H?4:4-'. • .. e)S . s,.mow ft n#< ry k P ry.,:4 S(02: :'''�<., � w; / • t/ F 44% • , . 4slit, • \ #x ccic.. .. J 7 . . �< 4' .:V till a495 I. _ e. " ` H. • :k. 11,1.c Sr ;t4, • "tr "' .a..�.� 9LIT ' 93 p:',: . ' ''''4* ems - '..i .r' 4nr . ,. TM7 r'} • .. r APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : cry try 376 _ APPL . FEE $ Q5-- CASE NO . R c6 Z RECORDING FEE 133"-- '1 9 ZONING DISTRICT „4 ft �y RECEIPT NO . DATE 6- //- Z� - 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 : All that part of the East Half (E1/2) of Section Thirty-four (34), Township Eight (8) North, Range Sixty-six West of the 6th P.M., Weld County, Colorado, lying north of the Water Supply and Storage Company Ditch; except parcel as conveyed by instrument recorded in Book 608, Rec. No. 1529620, Weld County Records and except right of way as conveyed by instru- ment recorded in Book 591, Rec. No. 1512804, Weld County Records. TOTAL ACREAGE : approximately 248 acres Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X FEE OWNERS OF PROPERTY : Name : Lind Farms, Inc. Address : Route 2, Box 109, Eaton, Colroado 80615 Phone : 686-2361 Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel well Smaller Parcel North Weld or Town TYPE OF SEWER : Larger Parcel on site septic of Pierce 9 P Smaller Parcel on site septic or Town of Pierce PROPOSED USE : Larger Parcel farm Smaller Parcel residence-pasture ACREAGE : Larger Parcel 241 Smaller Parcel 6.94 EXISTING DWELLINGS : ( Yes or No ) yes (Yes or No ) no 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 : Owner or Authorized Agent Subscribed and sworn to before me this c2 day of �.-(_19 j/ . r ( SEAL ) < Notary Public My Co sen expires : 820643 X KENNETH F. LIND ATTORNEY AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 TELEPHONE(303)353.2323 June 1 , 1982 Weld County Department of Planning Services 915 - 10th Street Greeley , Colorado 80631 Re: Recorded Exemption Gentlemen: Attached to this letter please find an application for recorded exemption, check for payment of fees , preliminary plat map, certificate of conveyances, copy of deed showing current own- ership , and this letter in support of the exemption. Basically this recorded exemption application is presented on behalf of the owners of the property as a result of a request by an owner-employee of Van Why Equipment Company of Pierce. This recorded exemption would allow the individuals to acquire the property for construction of a residence as well as allowing them to have surrounding pastureland. The individuals have made the request as they currently are employed at the implement dealership which is located at the northeast corner of County Roads 33 and 84 , (diagonal to the exempted property) and these individuals view the requested property as an excellent site for a home which will enable them to live close to the equipment dealership and at the same time providing essential security for the dealership. As additional information related to the requested exemption, the parcel of land requested to be exempted lies north of an irrigation ditch, is a small parcel of land which cannot be economically farmed due to its dryland nature and location. The 7-acre parcel of property has not produced any marketable crops for more than 3 years and is best considered marginal farmland. The proposal is consistent with the Weld County Comprehensive Plan as the property is immediately south of the Pierce town limits and the property is also consistent with the intent of the district in which the use is located as the property, while being used for residential purposes , will be related to agri- 820643 X Weld County Dept . of Planning Services June 1 , 1982 Page Two cultural operations, being in the form of a residence for an agricultural equipment dealer. It should be additionally noted that the Town of Pierce has indicated that they will give serious consideration to provid- ing water and sewer service to this property as the Town currently provides the same services to the residence imme- diately to the west . This proposed use is compatible with the existing surrounding land use as the property is located immediately to the south of the town limits of Pierce, and as indicated previously, immediately to the west is another sin- gle, residential home. Very . r ly yours, Ke neth F. ' nd KFL/dks Enclosures 820643 x RECORDED EY =MPTION NO. SET CONC. NAIL POINT OF " BEGINNING WCR 88 NW 495.10' �E N.E.COR. \Y. / SEC. 34 l[i o w "41 LOT 'A' 8 a 6.94 AC. Is LEGEND i e PIN SET • (No.4 REBAR 9 CAP) Ate. 8 r PIN FOUND • Sq 26 36 y 4.6.1 LOT I BI SET CONC. NAIL 241 ACRES SCALE I" = 500' 30'ROW WATER SUPPLY d STORAGE CO. DITCH its I., M C PIERCE TOWN LIMITS f • \ OLD 85 I WCR 88 • LOT A LOT B LOCATION MAP • SCALE I" : 2000' tn WI WATER SUPPLY 8 ; cc STORAGE CO. DITT CH •.• -�� 0 WCR 86 • 820643 -N- SEC. 34 , T 8 N R 66 W , �u 11FI1j1�% Inll Scale: E 1/2 rA►'�` Project No. 82 — 415 — 01 Dole: MARCH 29 , 1982 Sheet of ett Isy WESTERN TECHNICAL SERVICES CRANBY-GREELEY, COLORADO X REFERRAL LIST APPLICANT: CASE NUMBER: RE-562 Lind Fdr.ms, Inc. SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY filly 7, 14R2 Z to to zo Z 0 H Q W/ F+ a z H a z 0 H 2 0 0 O 2 0 414 PP H W PP H 000g O M 0 0 O P4 0 Pt. W 0R7 U Z CO P4 Z 0 Ct z Z County Attorney (plat only) Louis Souther, Town Clerk —. Town of Pierce Weld County Health Department P.O. Box 57 X Pierce, CO 80650 Engineering Department 834-2851 X — County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 - Colorado Water Conservation Board Centennial Building 1313 Sherman Street 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 820641 BOARD OF DIRECTORS ERNEST TIGGES ° NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE nF HIGHWAY SS LUCERNE. COLORADO 80646 GARY SIMPSON J 1' TOM REED GII ' ?^�1- . LYLE NELSON, MGR. P.O. BOX 66 • PHONE $66.3020 rJiF4in 1 June 9 , 1982 UN 111S6? f RE: Water Service , Lind Farms, Inc . vr' P' r Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property : E 1/2 of Sec . 34-8-66 1 . Water service is presently being provided to the above described property . 2 . X 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 le D. Nelson, Manager LDN/rMc 820643 Hello