HomeMy WebLinkAbout840896.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 724 - RODERICK AND ONEA
MILLER
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. 724 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS , the request for Recorded Exemption No. 724 was
submitted by Roderick and Onea Miller for property which is
located in Part of Section 34 , Township 6 North, Range 64 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 is to divide the property into parcels
estimated to be approximately 24 acres and 394 acres.
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
definitions of "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon 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 days from the date of approval by the Board of
County Commissioners.
840 U90
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
November, A.D. , 1984 .
'1y i. BOARD OF COUNTY COMMISSIONERS
ATTEST:J/� t'lw,-7 ,,,,,0,dX; . 1 WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,/ Liu-4-+---
and Clerk to the Board Norman Carlson, Chairman
BY: .,/, ,./; � • i („ / , J c u ine J son, Pro-Tem
Deputy County lerk
APPROVED AS TO FORM: Gege, R ran n
..‘Ct_<,--7 - C7C-- -);:eie2
County Attorney „, 7 1j7i.�„4;,t
J n T. Martin
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WI I D
COLORADO
November 28, 1984
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #724
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Roderick and Onea Miller for a recorded exemption. The parcel
of land on which this request is being made is described as part of Section
34, T6N, R64W of the 6th P.M. , Weld County, Colorado.
The property is located 3.5 miles north of Kersey on Weld County Road 62.
The property contains approximately 418 acres of Class IIe (prime) , Tile
(prime) , IVe, and IVs irrigated and IVc, IVe and VIe, 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 24 acres and 394
acres, more or less. The applicants propose to sell the larger parcel.
They wish to retain the smaller parcel as their homesite. The larger parcel
will remain in agricultural production.
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; and
Board of County Commissioners
November 28, 1984
Page 2
2. The request complies with Section 9-2E. of the Subdivision
Regulations as follows:
- The 418 acres, more or less, under consideration will be
compatible with the existing surrounding land uses and
with future development of the surrounding area as
permitted by the existing agricultural zone. The proposal
is also consistent with the intent of the Agricultural
Zone District in which it is located.
- 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.
- 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 62.
The Department of Planning Services staff recommendation for
approval is conditional upon the following:
1. The applicant shall submit 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.
Respectfully,
/ -
,j )(27/114
James R. Mayer].
Current Planner
FIELD CHECK
FILING NUMBER: RE 724 DATE OF INSPECTION: November 19, 1984
NAME: Onea Miller
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of Section 34, T6N, R64W of the 6th P.M. , Weld
County, Colorado
LOCATION: 3.5 miles north of Kersey; east of Weld County Road 55 and south
of Weld County Road 62-1/2
LAND USE: N Crop Production
E Crop Production
S Crop Production and 4 residences
W Crop Production
ZONING: N Agricultural
E Agricultural
S Agricultural.
W Agricultural
COMMENTS:
Access to the subject site is from Weld County Road 62. The site is in crop
production. Briscoe Reservoir is on the site. Improvements consist of farm
building and three residences. All improvements are north and west of
Briscoe Reservoir.
By: --7" ,e6Pe
J s R. Mayerl
C rent Planner
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APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE ' >Q p - 13751
CASE NO. P 7 Z Y RECORDING FEE
ZONING DISTRICT 2,64, 1 RECEIPT NO.
DATE fn - 26 - b`/ APPL. CHECKED BY dje,7Z.
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: Appr9X, <I.I8
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes _ No X
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes x No
FEE OWNERS OF PROPERTY:
Name: under;, _R,_Miller _and Sons Onea Jewel Miller
Address: p_O`BQx- 69 Gill. _ Phone: 303-353-2654
Name: -- - -- -
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel _Korth Weld Smaller Parcel North Weld
TYPE OF SEWER: Larger Parcel Tank & Leach Smaller Parcel None
PROPOSED USE: Larger Parcel Farming . Smaller Parcel Personal Residence
ACREAGE: Larger Parcel Approx. 314/ Smaller Parcel Approx. 24
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' s3 day of (N- , 1984.
(SEAL)
Notary lic
o t a } �Ldub _
My Commission Expires ian. l!, 19ue
My Commission expires:
REQUEST FOR LAND EXEMPTION FOR
WELD COUNTY PLANNING COMMISSION
INTENT
The intent of this exemption is to preserve and protect the
survival and livelihood of myself and my family.
GENERAL REQUEST
! ) Purpose and Reason
Due to the depressed farming industry, we are going to sell the
farm. Having always resided in the country and most recently in Weld
County, we are reluctant to leave it. This is a very nice area to live
in and we want to preserve a semblance of our farm life and to keep
our children in the Kersey School District. The land that we have chosen
for exemption is not a part of the good farm ground.
2) Weld County Comprehensive Plan
I examined the Weld County Comprehensive Plan on the 17th day of
October, 1984 and believe that this proposal is consistent with the
policies of the plan.
3) Zoning
Mr. Cockroft of the Weld County Planning Department described
the property as being located in the Agriculture Zone. I represent that the
intent of this proposal is consistent within the realm of agricultural
purposes.
4) Usage
The property will be used as our residence for many years to come
and will be planted into grass or plants acceptable to the surrounding
area.
5) COMPATABILITY
The usage of this property will be compatable and comparable to the
surrounding farming and grazing agricultural zoned area.
6) Development
The proposal will not be inconsistent with efficient and orderly
development. Our development plan will blend in within the agricultural
developed area.
7) Water and Sewage
A water tap will be aquired from North Weld Water District. Sewage
will be constructed according to the Weld County Health Department standards.
PAGE TWO
#• 8) Hazardous Location
Mr. Cockroft of the Weld County Planning Department represented
that said property is not located in a flood plain. The property is
approximately five (5) miles ease of the Weld County Airport overlay
District.
9) Other Information
I will diligently correspond with the Weld County Planning Department
concerning any matter relative to this project.
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BOARD OF DIRECTORSd.. NORTH WELD COUNTY WATER DISTRICT
w'^f
ERNEST TIGGES
ALEX HEIDENREICH .g•� y.
ROBERT ALKIRE HIGHWAY 85 LUCERNE,COLORADO 80646
GARY SIMPSON ,I��,'I ��
. LYLE NELSON,MGR.
W.M.MCKAV , P.O. BOX 56 - PHONE 356-3020
October 24 , 1984 •
RE : Water Service , Onea Miller
Dear Sirs ,
This letter is in response to your inquiry regarding water service
to the following described property :
Pt . of Sec . 34-6-64
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
Jeu,/
L e D. Nelson , Manager
LDN/wb
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The Weld County Title Company TITLE INSURANCE or ABSTRACT
COMPS hereby certifies that is has made a careful search of its
records , and finds the following conveyances affecting the real
estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
The Sl of the N1 and the S1 of Section 34, Township 6 North, Range 64
West of the 6th P.M., County of Weld, State of Colorado, except the
South 30 feet and the North 40 feet for County Road purposes and except
parcels of land as conveyed by Deeds recorded in Book 194 at Page 107,
Book 194 at Page 478, and Book 211 at Page 196.
CONVEYANCES ( if none appear , so state ) :
Reception No . 1705122 , Book 783
Reception No . 1723140 — Book 801 --
Reception No . 1724053 —, Book 802
Reception No . 1743880 _ - Book 822 _
Reception No . 1810269 _ , Book 888 `—
Reception No . _ Book
Reception Na . Book ---� -
,
Reception No . - Book - -
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County , Colorado .
This Certificate is not to be construed as an Abstract of Title nor
an opinion of Title , nor a guarantee Title , and the liability of
Weld County Title COMPANY is hereby limited to
the fee paid for this Certificate .
In Witness Whereof , Weld County Title COMPANY
has caused this certificate to be signed —by its proper officer this
15th day of October , A. D . , 1 9 84 , a t 7:00
o clock. --
Weld County Title Company
COMPANY
•
AUTHORIZED SIGNATURE
lSV l7 •
yy G " ice �� .
r
. Sec mied at ? o'clocl� 'M, on NOV 9:81.-1910�.�/k ,.. , • . Y �.434,
yy,.�,'c
f. rp,lon No ' 1yt02{.9 P — r+ w71
Rg1 ,' -
-- ! ifiaid Ccu"tN Reconkr , .
1IdrranIy Ilecd .)
E T.Itc '>rfD n a rnnvevarKt of the real wr t .pens described below, including
al.i'rl rid,,.-es ('he "property') horn the inc , rrt ersY improvements ant!INhry t w r
-i,:n.v( 1-4-1(,A, m 1;RANTCNL to :he utd.vtdual(s)or entity( es amed below1 artCRANl or Ul her MtiR(n-t)
r I h'c RA NTOR here6 ) ' rr ntas e GRANTOR G• ti N'
j th, or 111thelen of the
grepolw+to ed.to the xesfoTEEafvdr of Gis deed warrant,h the
tGRANT r0 ar
s (, n rrefv e.tept for It)the ben of the perwral pooenv cues for slit year this deed w h,r h slit GRANT'E vT
_ . 1 tio. (2:an.easements and rights of-way evidenced by tee aded t 1'"t rot!, ri)ant n;RslaM6ne mineral Interests instruments (1)any tenant reservations tram,. ,iy`
r - "r.t l.. wn r refr das shown
n{rerrwdlckr51 Adotecb,l covenants ..pf�kr Y,�
and n .env arld rl<wral matters thnwn MI
The of c terms of this deed are
ow under'Addrttorwl Karmn!v Earepbom s p!.
I ;,1...
NTOR F
...v„r 0a—on h•aunA•M.•r.I
r.,,.., .v ...nry ean•,r .. .e.n A,r(?r...h. ...« nr..r.,:.,n ear. 1 da ZI
e
s W. . ETJIrARD, an undivided 1/2 Interest, n �u
Lc 7::1; D. I-NEY, an undivided 1/2 interest 1,..-e ti9
461
GRANTit n, , ti <
..r Of adl nt n M y ..da,.e NYC'o-crw,nunAe• ., .n...,..1 r'' ([0.
R;n'A-�2I R. hIILIT_F2 S SONS, a Cene�1 Pact=*rrship S x ,,:
` Lrra1 citiress: 7020 80900
.,Wyoming Lane, Colorado Springs CO
e
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FORMPJ
{fi • OF CO-0WNER5/11P: a 7t ''
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tN h - ,.n w...0 4,,...S••..a+vA rA.,n,iM,,..,.M1+M,r„Ye.,,enann morn•won win, l f
� '$' . . . .a.,•,S Our,u-y+r.n.ne re and in 00 v.tre Ore.1 '.'''•‘
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'-' t' PROPCR TY DESCRIPTION. nadvan. 1:::7':: t '
Tor The wti; Half (3' ) of the North Half (`,) and the t t ICI.
r+
f iUu.7l.hlp 6 'urth, n, of r, South Half (5� of Sof W1 3 t
, •v except the Scut 64 14-st the t:h P.M., (runty of Weld, State of Colo
�; .h Thirty tEet (5 30') and the North tort f ¢
aI'a:}3 ur-,xr;•s and except parcels of Y feet (N40') for Canty '
land as conveyed Deeds recorded in Hook 1 4 a,r
'look 194 at page 475, nook 208 at page 457 and Book 211 at page 196 ` 77&&
-' Said conveyances are portions of that land known as The Briscoe I serndor. - ' C
TXz^t'�.1? WI '! t.'yt benefits and burdens of /.,reerent for tile drain line retorde
.tree 17, 19TH in
•� Book 1560, pie 382, Weld Cre my records_ titer.
CAMNTIER WI:T, the following water rights: 32 shares of capital stock of The '3
fiche Lea. re m, flan y �{t r'' 1,�.
o �T' o� acts Nor, 4 pf a frvn e 11 Qtk pc'e:< ni m�'f�i °oe f..rea nay Inc u.� . 's� (.a� tL
�ltT y y: 2 s Ie> o_ e eupytal. s soc, o�. t3}a E'C = r
;, CONtIDERATI a r]>,ares of Hrisu Iris tin CLxrpary. r>e *; ,
k", ) ON: ;rb .w...r.nr nl . Mlles
.n.(a , .new wino,.Ire,hr,rv.A.r,l rlvT.
rr,n.ernn,e • n.nr,l..a as e r rt ,n n se,his«.,..na•r,.r..twrlure p.n.s ur,tae. Mn E :e .
---_—_ -E'V:SI I{(Iy a r ra NI and ury mai,rdul 1 ft
TAtE9 FIFTY TTTXLGAND AND CTJ/loo IX7IZ.ARIL---_-- lk ,1. r
l RESERVATIONS-RESTRICTIONS:0, his cR nw�n nme.,e, e,, , �
.•.� IrIV[PnN�p 1 i.e., the R4lMhnIJCP,ver 4q tam tut.,M1.M Reserving unto W. s. t0:41c ared Dik3llen131. ry Cpatetr rhnYodArr rrYY 4'�r' at Crle 1 ti�L.
s' Grantee., he r t1y_Oth right
1tfi
IL�nd h the land & sons, art the prr�frrty, the right to fish The Elri �' l4'
^4' '*: F-•servoir and hunt land Ilescri xd abov - ' '.•
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' t"S ADDITION At WARRANTY EXCEPTIONS' i'rn L. ^Dreg.,brim aswa,c, ahe•mown nut cwerM anorr 1
R`-v' o' Trvr;t to the Public Trustee of the County of Weld for the use of 'Pre „ii
Travelers Insurance �,ee
r' CUtrFany, dated Mardi 29, 1978, Ic•cu1311 April 4, 1978 in w+, Q�,'^,. 827 tinder Reception No. 1749442. Weld (b-.nt sty
-'i, and agrees to pay. Y R£crords, which the Grantee assures p +»
K. 'ra34.N
Fir ,t :-. ri
rY S i-�-- s4.
r Reed on__�fGur^dYnr 16 , 19 72 /2 l''l.''' -e is
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•
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I.
.by - 16th -day of 1979 ' ,`
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4617 .
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4625 SS
r` Jones-Wininger & Associates
. "� wad , Profession!Surveyors
it
Yee/mese Mero 1217 9th Avenue
S,,414..-/".n' Greeley. Colorado 80631
303.332-4700
PROJECT NUMBER : 1984-227 DATE : DEC. 1984
Sheet 1 of 3
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LEGAL DESCRIPTION '
The South Half (Si) and the South Half of the North Half (S35 N1) of Section 34,
Township 6 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado.
i
SURVEYOR'S CERTIFICATE
I hereby certify that this pla repared under my personal supervision and the
the same is correct to the pStadys wledge and belief.
/� , ........mss 4`,
Charles B. Jone " .
•c, 220 ,S VI
Colorado Registered Pro v%onal : c
Land Surveyor 1122098
4rAL LAO
OWNERS CERTIFICATION
We, the undersigned, being the sole owners in fee of the above described parcel of
land do hereby subdivide the same as shown on the attached map.
07_12 '97 raJck .03.1 .... 0,„..
NOTORIAL CERTIFICATION
STATE OF COLORADO )
COUNTY OF Vag` )SS
Li Pf+
The foregoing certification was acknowledged before me this A2 974. day
�L
of ; c C 1ri -e c.' 198' •
My Commision Expires: /2-fa. $7 Witness my hand and seal:
My Address : /�� , •"')/..,. ,. ,
1 i`/2'/ )6.:211..e.. .. f{+
?-t sit, �`-�J' '. ti %,,,...-64,.4,,,i4- e 4 R . t.1 4,'
.y> k-, t C-:1)• iV0 ' NOTARY PUBLIC
COUNTY COMMISSIONERS CERTIFICATE
The acc in . lat t, s accepted .and approved for filing. ,.-,:ATTEST: +rv�s.1 1�'`('(•r44'(\--'
Coun Clerk �airm Board f County Commissioners
BY: 11,_,st !_
-A-
DATE: /..,‘,. • ,5 /7 rc..
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:. - Jones-Wininger & Associates
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Greeley, Colorado 80631
303-352-4700
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i3ECORDED EX M T!o N . O8O: 34 ry RE 724
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LEGAL DESCRIPTION
LOT 'A' Recorded Ex ptioc No.
A parcel of land being part of the East Half of the Southwest Quarter (E' SW's) of
Section 34, Township 6 North, Range 64 West of the 6th Principal Meridian, Weld
County, Colorado and being more particularly described as follows:
Beginning at the Southwest Corner (SW Cor) of said E SWk and assuming the south
line of said Section 34 as bearing North 89°39'08" East with all other hearings
contained herein relative thereto; /41
Thence North 02°43 ' 53" East, 647.56 feet; ),e ,
Thence Thence North 13°15'33" East, 838.47 feet; ; ;,,
' Thence North 29°28'33" East, ' 79.56 feet;
Thence North 19°23'04" East, 260.7E feet;
Thence South 67°45'51" East, 424.09 feet to a point on the boundary line of the
Briscoe Reservoir;
Thence along said boundary line by the following 13 (thirteen) courses and distances
South 41°26'35" West, 100.00 feet
North 76°53'25" West, 87.30 feet
' South 53°10'19" West, 188.36 feet
South 44°01'07" West, 383.62 feet
South 19°48' 17" East, 158.30 feet
South 06°25' 19" East, 318.04 feet
South 00°59'43" West, 332.92 feet
South 10°10'42" East, 100.24 feet
South 27°16'46" East, 142. 11 feet
South 67°01'31" East, 221.72 feet
South 89°25'42" East, 123. 10 feet
North 81°39'19" East, 198.80 feet
North 78°00'59" East, 267.01 feet to a point on the east line of the Ej SW ;
Thence South 00°01'35". West along said east tine, 487.58 feet to the South Quarter
Corner (S3 Cor) of Section 34;
Thence South 89°39'08" West along the south line of said Sec,rion 34, 1320.84 feet
to the Point of Beginning.
Said described parcel of land contains 24.822 acres, more or less, and is subject
to any rights-of-way or other easements as granted or reserved by instruments of
records or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that this leg •- cription was prepared under my personal
supervision and that it is ect to the best of my knowledge a:rd belief.
oe,...1 B.
Charles B. Jones e2 22098 fen
Registered Pro siv, nal .
Land Surveyor #22098 .,% AA``
Jones-Wininger & Associates
Professional Surveyors
1217 crh Avenue •
Greeley, Colorado 80631
303-3S2-4700
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