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Home My WebLink About841057.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 729 - CALVIN DUPPER 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, the Board of County Commissioners, pursuant to its authority under Section 30-28-101 (10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels , as shown on the plat known as Recorded Exemption No. 729 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 729 was submitted by Calvin Dupper for property which is located in the N4 NWa, Section 26 , Township 4 North, Range 65 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, and WHEREAS , this request it to divide the property into parcels estimated to be approximately 50 acres and 30 acres, more or less , to allow the applicant to sell the larger parcel. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners 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 the applicant submitting a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County 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 of County Commissioners. 841057 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of December, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO �f Weld County erk and Recorder ,R-6%-yv.,a...� c . .44 _� and Clerk to the Board Norman Carlson, Chairman EXCUSED BY: Ja eline Johnson, Pro-Tem Deput7ount erk y G ?zy Ids APPROVED AS TO FORM: ene R. Brantner �� PZi k Z C c Carlson County Attorn i T. 2��i�o �. J T. Martin 841057 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 4400 915 10th STREET GREELEY,COLORADO 80631 11 C. COLORADO December 26, 1984 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #729 Dear Commissioners: The attached application, plat and related items are in reference to a request from Calvin Dupper for a recorded exemption. The parcel of land on which this request is being made is described as the Ni NWT, Section 26, T4N, R65W of the 6th P.M. , Weld County, Colorado. The property is located five (5) miles southeast of La Salle on Weld County Road 42. The property contains approximately 80 acres of Class I (prime) , IIe (prime) irrigated and VIw and IVe nonirrigated soils. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 50 acres and 30 acres, more or less. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be denied for the following reasons: 841057 Board of County Commissioners December 26, 1984 Page 2 - The request does not comply with Section 9-2 F; the Standards and Conditions for approval of a recorded exemption. It is the responsibility of the applicant to demonstrate that the proposal is consistent with the intent of the district in which the use is located. - The subject site is located in an Agricultural Zone District outside of a projected town growth area. The minimum lot size in the Agricultural Zone District is eighty (80) acres for irrigated land and one hundred sixty (160) acres for dryland. The subdivision of an eighty (80) acre parcel into two (2) lots is inconsistent with efficient and orderly development in the agricultural zone district outside of a projected town growth area. - It is the responsibility of the applicant to demonstrate that the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with future development as projected the Comprehensive Plan of the County. - The Weld County Future Land-Use Map indicated the type of development at the subject location is intended to remain agricultural and the zone district is intended to remain agricultural. As explained on pages forty-two (42) and forty-three (43) of the Weld County Comprehensive Plan, problems occur when agricultural uses and residential uses are mixed together. As explained in the Comprehensive Plan on page forty-four (44) , ". . .scattered development in rural areas has other implications. Residential development in rural areas necessitates an increase of public service to that area. . ." More people in the area places additional strain on expenditures for road maintenance, police protection, fire protection, and education services. It has not been demonstrated that the increased revenues generated by development will pay for the required new facilities and services. The creation of an additional building site through the recorded exemption process will have little impact on the need for services; however, if the recorded exemption becomes the norm and numerous similar proposals are granted, the above impacts can be expected to develop. 841057 Board of County Commissioners December 26, 1984 Page 3 In this regard, the cost of County services can be reduced if development is encouraged around existing population centers and future town growth areas. Development in town growth areas reduces the conflict that arises between rural and urban land-uses. Respectfully, O,,,,,,_„.„, ,etr James R. Mayerl Current Planner JRM:rjg 841057 FIELD CHECK FILING NUMBER: RE-729 DATE OF INSPECTION: December 12, 1984 NAME: Calvin Dupper REQUEST: A Recorded Exemption LEGAL DESCRIPTION: The N1 NW' , Section 26, T4N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Five (5) miles southeast of La Salle, south of Weld County Road 42 and east of Weld County Road 45 LAND USE: N Cropland and residence E Livestock confinement area and residence S Residence and cropland W Cropland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the subject site would be from Weld County Road 42, a gravel road. There are no improvements on the subject site. It is used as pasture land. There is a small ditch on the west boundary of the site running parallel to Weld County Road 45. A small amount of junk is situated near the northwest corner of the site. By: mr®A 1 C�uesre Manner O wentt Planner JRM:rjg 841057 - - - v C� L�' F >\ / ( ) A O 1 a , _ - • o \ O 1 •1 � Ii i (�I . / _15 /468 14 : 14 / ilk Ili// � �� i \ .SJ / / _ O de $ ms , A s L' be Draw �� N ��`- — n StI 'al 460 Q 6 BM�, 4749\I A i _ A \ ' --• _ _� 473 a7es� - . L i , v6Nristenson' 1 _ o n -Nnne v� oo c v n o \I `Nel r--, g 0 1 V v ,1 ,�� vI A 1 r R 1 N. 1 / Wt tekA;h ICI(OHO ° - I.i 1, > ≥ 4Mnev i r. r v — �V ° n ,bud[ I i _ 24 - uM�rr 60� 22 23 _ , 23 I / — Coal M nos A \ I • _a '4737 I lln6Cf /) 1' 1 477 p' qp- 046/4 A v ee ! I 1 � ' ' I / t 47 0 GIL EST • i 496 eoUnrry , .. - \ � \ \ "g 6M w B� 4el 0 t. � ' rNi7 :! T0 / -26` 12 -Nit/3: ,ti e o 1 , v Iu 1 o ZO 'l �1 �_ 7e re� 4 e •Vim/( eVuIV .� 4).74 \ f 4644 e 4$ I A\\U� c N - y�� .. Dt�mond Mi es I%y c S o ) ,,0 W Ae. " \Coal Mln s o , u 'a Onmev CO ,41) Q o 1 � I v J 1 • 3� 46,80 35 �6 " m 1 c �. -.. 4800 -� - 0 so (--- 4-45 1 ' L l 841 APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 ]0th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE '(CO" .• 133_I CASE NO. /� �. '9 RECORDING FEE 1 ZONING DISTRICT RECEIPT NO. DATE /7- ,3P} �/ % APPL. CHECKED BY ,_/' (2) )/k\ TO BE COMPLETED BYAPPLICANT: (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: N '"z Nw "Y S- 26 `r O5 TOTAL ACREAGE: V JJ 1�4J� `%3 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No Is this parcel of land u der consideration the total contiguous land owned by the applicant? Yes I No FEE OWNERS OF PROPERTY: Name: • Address: //6/S 23 w (2 / 1 � er Phone: .179 - R/J r Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel Smaller Parcel J TYPE OF SEWER: Larger Parcel .4/ 4. Smaller Parcel /// , PROPOSED USE: Larger Parcel Smaller Parcel -1--,' L ACREAGE: Larger Parcel S p Re„.1_,4_, Smaller Parcel JO EXISTING DWELLINGS: (Yes or No) 1:7,'70 (Yes or No) O 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 ) Cf J J Signature: Owner or thorize gent Subscribed and sworn to before me this 7 / day of �� , 19X. (SEAL) ) otary Pub is 60- Co- i"S- k My Commission expires: 841057 Weld County Planning Commission Weld County, Colorado The reason for splitting up the N''zNW4 Sec. 26/T4N/R65 W is that I cannot take care of it as farm ground, and the water has been appropriated in 1953 and has to be developed. I cannot and do not have the money to do it. I was able to transfer the water from the irrigation well on Sec. 27 to the well on Sec. 26 for irrigation. The farmer that owns the property on the 80 acres which has the well that is used for irrigating the 80 acres is willto purchase and develop it into farm ground making one unit. I am hoping for approval on this recorded exemption. Thank you. /' /7) Calvin C. Dupper 84145'7 /7, , � z6 Tit ,r/ vr� 6 s u/ z Crl C 'I Nv I � n Ct _ ! - u - - _. _ .> r'r )15 V J) A o � sh ,, 5 841057 RECORDED EXEMrTION N° 10b6-26-2 - RE 729 1 -+i 60' R.O.W. 3 0 -- N. o o o"'- AlcT. P.0.8. N.W. COR. 26-4-65 N90°00'00 E 2637. 17' W.C.R. 42 1006.03' 1631. 14r _____4) ' r O To N N Cli co a N I/2 NW I/4 C) to a• 3 _ d 1 i'a LOT 'B' "' o LOT 'A' M 0 • Nrol m 30.84 ± AC. N m 50.00 ± AC. w _ r0 - 0 N 0 0 0 0 O Z M 0 N Z ° 0 0 V) / 11 1006.62' K 6`-- x r 1631.14' N r N N89°59'10"W 2637. 76' v 1 \OLD FENCE LINE ar I di I e LOT 'A' = 50.00 ± ACRES LOT 'B' = 30.84 ± ACRES TOTAL = 80. 84 ± ACRES s.w. COR. NOTE: OLD FENCE LINE APPARENT 26-4-65 POSSESSION LINE OF SOUTH LINE OF N I/2 NW I/4. SCALE: I"=400' ■- FOUND PIN •- SET PIN 22 1 23 124 ____INCR OWNER: CALVIN C. DUPPER Lot Lot •A„ 19575 W.C. R. 45 a' `. I LASALLE, CO 80645 Ii 7I : . SECTION . 27 26 25 x l F ro g r� a Z 3li�lrr. Ditch 31 I.z SCALE: 1"=2000' a '� WC R.40 — I 34 r 35 / 36 RANGE 65 WEST 841057 PROJECT NO. : 1984-175 FREESE ENGINEERING DEC. 27. 1984 SHEET 1 OF 2 RECORDED EXEMPTION N° 1055-26-2- RE 729 P 1 LEGAL DESCRIPTION The North Half (111/2) of the Northwest Quarter (NW1 ) of Section 26, Township 4 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. LEGAL DESCRIPTION *W LOT "A" a1Per A part of the North Half (101) of the Northwest Quarter (NW1 ) of Section 26, Township 4 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of said Section 26 and considering the North line as bearing North 90°00'00" East, with all other bearings con- tained herein relative thereto; Thence North 90°00'00" East, 1006.03 feet to the TRUE POINT OF BEGINNING; Thence continuing North 90°00'00" East, 1631 .14 feet to the North Quarter Corner (141/4 Cor) of said Section 26; Thence South 00°23'03" East, 1335.49 feet along the East line of the North Half (N1 ) of the Northwest Quarter (NW1 ) ; Thence North 89°59'10" West, 1631.14 feet; Thence North 00°23'03" West, 1335.09 feet to the TRUE POINT OF BEGINNING. Said described parcel contains 50.00 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that I have prepared this legal description. rioreurpep4. sd. '147),„,AO �„,A ` 1 et S R EESE y' o F E + to :do P.E. & L.S. 4312 Me �o PROPERTY OWNER'S APPRO' L %;FOF COLOw I, Calvin C. Dupper, being the sole owner in fee of the above described property do hereby subdivide the same as shown on the attached map. -&ri 30-- Calvin C. Dupper - G. The foregoing certification was acknowledged before me this lq4 11 day o€ J 0 01) AnUnr 1985. Witness my hand and seal. My Commission expires: 1llJCQL >1 Commission sMay27. 1905 Notary Public My omtn 'lrv\� eaA"° COUNTY COMMISSIONER'S CERTIFICATE The accpmpanyto g plat ,ia. accented and approved for filing. is ATTEST: 'tP t County Clerk: rf : .ard of County loners Q Q t* By: 7,A2P Cty Dated: c /At'r `''1�P , r,✓ • 841057 PROJECT NO.: 1984-175 FREESE ENGINEERING DEC. 27. 1984 SHEET 2 OF 2 Hello