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Home My WebLink About830851.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 587 - DAVID MALLORY 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. 587 , being the property of David Mallory, described as part of the SWQ and part of the SE4, Section 12, T1N, R68W 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, and WHEREAS, the Board deems it advisable to approve Recorded Exemption No. 587 conditional upon: 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 9-2 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 place a note on the Recorded Exemption plat that references the private road easement providing access to Lot "B" from Weld County Road 11 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove des- cribed parcel of land owned by David Mallory be, and hereby is, exempt from the definition of the terms, "subdivision" and "sub- divided land" , subject to the above named conditions. r °7 830851 J Page 2 RE: RE NO. 587 - MALLORY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D. , 1983 . t --, BOARD OF COUNTY COMMISSIONERS ATTEST: i/ ICri.t.^,. wyw�`/t;V.'Jc¢iY WELD COUNTY, COLORADO„vr✓ Weld County Clerk and Recorder and Clerk to the Board Ch Carlson, Chairman B Deputy County Clerk J n T. Martin, Pro-Tem agea‘t APPROVED AS TO FORM: Gene R. rantner �' County Attorney Norman Carlson J.cqu line hnson DATE PRESENTED: February 14 , 1983 830851 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 70TH STREET GREELEY,COLORADO 80631 C a February 9, 1983 \ ,S COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #587 Dear Commissioners: The attached application, plat and related items are in reference to a request from David Mallory for a recorded exemption. The parcel of land on which this request is being made is described as part of the SW1 and part of the SE4, Section 12, T1N, R68W of the 6th P.M., Weld County, Colorado. The property is located one (1) mile southwest of the town of Dacono on Weld County Road 11. The property contains approximately 29 acres of Class Ile, IIIe and IVe irrigated soils. The request is to divide the property into parcels of 26 acres and 3 acres, more or less. The applicants propose to maintain the 26 acre parcel and sell a 3 acre parcel to a brother for a building site. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the reqeust 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 Tri-Area Planning Commission reviewed the case and set forth no objections to this request. The parcel is not prime agricultural land because of past land divisions creating small residential tracts adjacent to and east of Weld County Road 11. The proposed uses of the property would be compatible with surrounding land uses. 830851 Board of County Commissioners February 9, 1983 Page 2 - The proposal does not exist in an overlay district area; - The proposed lots meet minimum lot size requirements for land division; - Central 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 11, subject to staff conditions listed below. - The Weld County Health Department has indicated, in a letter dated January 27, 1983, that both lots will have adequate sewage capacity. The Department of Planning Services staff recommendation is conditional upon the following: - 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. - The applicant shall place a note on the Recorded Exemption plat that references the private road easement providing access to Lot "B" from Weld County Road 11. Respectfully, ;2;2 (-2.644_ Rod Allison Current Planner II RA:rg 830851 FIELD CHICK FILING NUMBER: RE-587 DATE OF INSPECTION: January 28, 1983 NAME: David Mallory REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the Sid% and part of the SEA, Section 12, T11N, R68W of the 6th P.M LAND USE: N Three single family dwellings _ E Pasture and two tesidences _ S Irrigated pasture, mobile home and a house W Wheat and oil product ion facilities ZONING: N Agriculture LOCATION: One (1) mile southwest of Dacono on E Agriculture Weld County Road 11 S Agriculture W Agriculture COMMENTS: Access to the subject site is from Weld County Road 11, a gravel road. There is one (1) single family dwelling on the property. There is a garage, several outbuildings, old trucks, tires, cars, truckbeds, construction equipment, pallets and oilfield produc- tion equipment stored on the subject site. The subject site slopes to the east. BY: Rod Al ison, rrent Planner II RA:rg 830851 {,; s 7 f I � ✓ 4-ivk:'V 'tlAr' ` Acv k.'^ d j{ " Y 4$ ,N a , •44: e 1-4.**.*. 64 < z + `w' ,, . .�. v c Ys r p 4 y , v tx k. l * tf✓pW5 Mix+'. yyx, ,rfiR+ hX Y c .F � a awV". s w 3 �� zF " i. yy t.A +�l f 4 k, �z"y�pe ctif k. x.. #t • Y c) % Ill ro u. , 5 ry. v phi sq un+n 14X x3i'. !.a tiv qr3' n � n }� 4 ZS80e8 cv \ t1 c•1 'k's) E'3- 1/ i `v � I 7 \n N. N - -- _ ��--- O r - ' ...,0 . I .f I I • I I .4) c-c--... t..-:= - , , i r ‘. i is) k I IIP 1 N Q � 1 i ,c' `. ly ., % i 13/ • I r 1111)0 I I �►- = I -.I ., .›\ i APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : ► APPL . FEE .5, D`D CASE NO . i(E g3 RECORDING FEE ZONING DISTRICT LinH'Vff.t RECEIPT DATE '1.4 '�3 APPL . CHECKED BY ,22.0/9 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 : TOTAL ACREAGE : 29 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes A No X FEE OWNERS OF PROPERTY : Name : DAVID MALLORY Address : 4112 WCR 11, ERIE, CO, 80516 Phone : 833-3634 Name : Address : Phone : Name : Address : _ Phone : WATER SOURCE : Larger Parcel CWCWD Smaller Parcel CWCWD TYPE OF SEWER : Larger Parcel SEPTIC_ _Smaller Parcel SEPTIC •PROPOSED USE : Larger Parcel FARMING __ Smaller Parcel HOMESITE ACREAGE : Larger Parcel 26 _Smaller Parcel 3 EXISTING DWELLINGS : ( Yes or No ) NO ( Yes or No ) YES 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 ) 0A.,A;ci0 Signature :—Owner or Auth ized Agent Subscribed and sworn to befog', this _/ y,aday of 19y3 • \^�,.: ( SEAL ) agiOyPu lc Ml►Gionaluien ex'Mas Now. 24, pep KY- Comitiii s. s i expires : -- --- 830851 (' REASON FOR A RECORDED EXEMPTION I HAVE PURCHACED A 157 ACRE FARM WITH A HOME LOCATED AT ROADS 16 AND 17 APPROXIMATELY 5 z MILES FROM MY EXISTING HOME AT 4112 ROAD 11. I WILL RELOCATE MY RESIDENCE TO THE 157 ACRE FARM. I WILL, HOWEVER, RETAIN MY EXISTING ACERAGE AND CONTINUE TO FARM IT AS WELL. MY PRESENT RESIDENCE, THE SUBJECT OF THIS RECORDED EXEMPTION, CONSISTS OF 29 ACRES, APPROXIMATELY 26 ACRES IS TILLABLE AND THE REMAINDER IS TAKEN UP BY THE HOMESITE AND OIL WELL WITH STORAGE TANKS. THE TILLABLE ACERAGE IS CURRENTLY PLANTED IN THE FOLLOWING; 12 ACRES IN RYE, 10 ACRES IN WHEAT, 4 ACRES IN ALFALFA. I HAVE IRRIGATION CAPABILITY FROM A POND ON THE PROPERTY THAT IS FED BY SURFACE RUN OFF FROM APPROXIMATELY a SECTION OF IRRIGATED LAND TO THE SOUTH. THE 29 ACRE PARCEL IS LOCATED WITHIN TWO MILES OF THE TOWN OF DACONO. IT IS BORDERED ON THE NORTH BY THREE SMALLER PARCELS WITH HOMES, ONE OF 5 ACRES AND TWO OF 2 2 ACRES. THE SOUTH IS BORDERED BY A 35 ACRE PARCEL WITH A HOME. MY 29 ACRE PARCEL IS ACCESSED FROM ROAD 11 ON THE WEST AND A PRIVATE ROAD ON THE NORTH. THE PRIVATE ROAD IS OWNED BY MYSELF AND THE THREE OTHER LAND OWNERS OF THE PARCELS TO THE NORTH. THE ROAD HAS EXISTED FOR 12 YEARS AND IS USED FOR PRIMARY ACCESS BY ALL THE LAND OWNERS AND THE OIL COMPANIES. THE OIL COMPANY PROVIDES THE MAJOR MAINTAINCE OF THE ROAD IN EXCHANGE FOR THEIR USE. MY PROPOSAL IS TO SPLIT MY 29 ACRES INTO TWO PARCELS, ONE OF 3 ACRES WITH THE EXISTING HOME AND ONE OF 26 ACRES WHICH I WILL CONTINUE TO FARM. MY BROTHER HAS RECENTLY RETIRED FROM THE AIR FORCE AND PERMANENTLY LOCATED IN THE AREA. HE WOULD LIKE TO PURCHACE THE HOME ON THE 3 ACRE PARCEL. BY DIVIDING THE ACREAGE WITH 3 ACRES IN THE HOMESITE IT WILL NOW QUALIFY FOR STANDARD VA FINANCING ALLOWING MY BROTHER TO OBTAIN THE FINANCING HE NEEDS TO PURCHACE THE HOME. ALL OF THE 29 ACRES INVOLVED IS OUTSIDE OF THE AREA OF SURFACE SUBSIDANCE HAZARD, AS INDICATED BY THE GEOLOGIC HAZARD AREA MAP PREPARED BY THE WELD COUNTY PLANING DEPARTMENT MAY 10,1978. JAN 25 1903 Weld Co. Planning Commission 830851 A T111 o,f_ /D b W /.by.T / (7 G I I I I I t CI I I I I i l 1. 4 , i 1 t I D 4 . n -. Q I • Ci I4. r II S o VI I 1 `� I I - ` 7 i u h 1 I' L 3 � i '.� . I . I ..K . (.-(, 1,-, •"0- M - u to :.) o c) I { ! O -f-, 1 o ....11 it o -l\ fL ▪ ft N I i f • a • ,‘..1) 1W I I `' e r 3 1 0 I # I-- I'i , Er' + o C'6 �,r ? • I 0 L • �� % , ill i S le- - - - - - - 4i.r . ! > 4z.il q 0 i . . X ; : ItI w } �J 6 Vii! r') I I 0 O o d I � -- 9 -� t3 III I ; � � � 1 7, .I.> +..... I ! v ' .J •31::„4. 4,.; 8h/.., - �� 830851 CENTRAL WELD COUNTY WATER DISTRICT seacomuunummarec 2235 2nd Q Ave. DALE D. OLHAUSEN 7i PHONE (3031 352.1284 GREELEY. COLORADO 80631 MANAGER 7V�''�/j f.�iii D January 10, 1983 David E. Mallory 4112 Weld Co. Rd. 11 Erie, Co. 80516 RE: Water Service Dear Mr. Mallory: This letter is in response to your request for the availability of additional water service for the following described property: See Attached Legal Description - Exhibits "A" & "B" Water service is presently available to the above described property by tap number 872 . 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 CZ21?:e.e, DOthausen Manager DDO/sb 83085 ..` REFERRAL LIST APPLICANT: David Mallory CASE NUMBER: RE-587 SENT REFERRALS OUT: Jan.wry 97 1923 REFERRALS TO BE RECEIVED BY February 4, 1983 m m z z Z H M z H Pa UU) F 7 E.p7 W Al H Al in H ��7 "7 O CJ O a p W O a z en z z z (34 z `.County Attorney (plat only) Tri-Area Planning Commission ---., c/o Debbie Smaller Weld County Health Department q�, P.O. Box 363 XI O� Frederick, Colorado 80530 Engineering Department -- " 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 r Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 830851 ISRO IS ova440 8 '.. _„ , , v ��. ��: ,..m _ d N ,L , Q31f1 .... 14 N.14.1 J ^ _ \ O v7 i Z { o y 4 At Bbd Nonvo 3 -- - ^ .S2.2S77 8 Z /� ... ..00,2E•„o S CC N. _ _ y N 11.1 it i cte Ui o Iro h I aW Zo OI.a. za ;o.o ki W '4 LU (:a F in a 4 In / LI : N in Q i 0 o -:'s . - I--1 � . a r W IllI o HAatON ,OV"V22 O I .9 'IS'lit `' W ,;('-'4 3 `ll I o a• a O I Jila O 8d N. 8 di 03 co W I 030 d � 3 m +, � I 8 b. cri 4 o § ail ° CO c0 Q cv CO O 004 a 2 Q u,� T-7 a 1 I 0 V� : W l 3cn - - O — L — — — - -o— — — — - — o— — 3y a° ,11',22 ,O1',22 44j iz ors f H1eJ0N I A, Ti 'on 'okl 'oD 7) L85.3 El-2- ZI -L9tI ON N0IldW3X3 a34a0932:1 RECORDED EXEMPTION NO. 1467-12-3-RE•587 LEGAL DESCRIPTION Lot A All that part of the Southwest Quarter (SW1) and all that part of the Southeast i (SEq) lying West of the right of way of the Union Pacific Railroad as now constructed, in Section 12, Township 1 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, described as follows : Commencing at the SW Corner of said SW14 and considering the West line of said SW4 as bearing North and with all other bearings contained herein relative thereto: Thence along said West line of said SW' North 784.31 feet to the True Point of Beninning; Thence continuing along said West line North 224. 11 feet; Thence North 83°46'00" East, 2790. 11 feet to the Westerly Right of Way of the Union Pacific Railroad (as now constructed) ; Thence along said Westerly R.O.W. South 06°32'00" West, 452.25 feet; Thence South 88°46'00" West, 2155.40 feet; Thence North 224. 10 feet; Thence South 88°46'00" West, 583.24 to the True Point of Beginning. Said described parcel contains 25.437 acres , more or less, and is subject to any rights-of-way or other easements as of record or as now existing. Lot •B • All that part of the SWq of Section 12, Township 1 North, Range 68.West of the 6th P.M. , County of Weld, State of Colorado described as follows: Commencing at the SW Corner of said SWa and considering the West line of said SW' as bearing North and with all bearings contained herein relative thereto: Thence along said West Line of said SW1 North 560.21 feet to the True Point of Beginning; Thence along said West line North 224. 10 feet, Thence North 88°46 '00" East, 583.24 feet; Thence South 224.10 feet; Thence South 88°46 '00" West 583.24 feet to the True Point of Beginning. Said described parcel of land contains 3.000 acres, more or less , and is subject to any rights of way or other easements as of record or as now existing. 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. ntumurn \\\%. UUi�i� o{1EG/?). o ff,;;;;:i t8.-l;;; _cis z 275 s O.R. McEly ; 11 a olorao .�. lr • 752o I (we) Dp.v I. a F. /'/Q ilO yy being the sole owner(s) in fee of the above described property doh reby divide the same as shown on the attached map. The foregoing certification was acknoledged before me this //day of 42,1/7 , 193 . My commission expires : 6s5-$V A 4 s • Notary Public tness my Hand & Seal The accompanying plat is accepted and approved for filing. hairm n o t o Boar o County Commissioners Attest: L. County Clerk and Recorder .. 0 Tat . Y ; , nvt� by. ,.4.1-0_- A J ,-+NS` 830851 {oat Tvib Date �_��_- � _ Hello