HomeMy WebLinkAbout810583.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 497 - LEONARD PURCELL
AND MARVIN WITBECK
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 20th day of May, 1981 in the Chambers of the Board of County
Commissioners of Weld County, Colorado, that the division into
two parcels of land, as shown on the plat known as Recorded
Exemption No. 497 , being the property of Leonard Purcell and
Marvin Witbeck, described as the Southwest Quarter of Section
30, Township 8 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows , does not
come within the purview of the definition of the terms , "subdi-
vision" and "subdivided land" , pursuant to its authority under
Section 30-28-101 (10) (d) , CRS 1973 , as amended:
The Southwest Quarter of Section 30 , Town-
ship 8 North, Range 65 West of the 6th P.M. ,
County of Weld, State of Colorado, being
more particularly described as follows:
Considering the West line of said Southwest
Quarter as bearing North 00°00 ' 00" East, and
with all bearings contained herein relative
thereto;
Beginning at the Southwest corner of said
Section, thence along the West line of said
Southwest Quarter North 00°00 '00 " East, a
distance of 2624 . 33 feet to the West Quarter
corner, thence along the North line of said
Southwest Quarter South 87°49 ' 21" East, a
distance of 2820 . 66 feet to the center Quar-
ter corner, thence along the East line of
said Southwest Quarter South 00°26 ' 06" West,
a distance of 2574 . 90 feet to the South Quar-
ter corner, thence along the South line of
said Southwest Quarter North 88°49 ' 11" West,
a distance of 2799 . 67 feet to the TRUE POINT
OF BEGINNING.
SUBJECT TO a 30 . 00 foot Right-of-Way on the
South and West lines of said Southwest Quar-
ter for County Road Right-of-Way and is SUB-
JECT TO all OTHER RIGHTS-OF-WAY, EASEMENTS ,
and RESTRICTIONS as now in use or of record.
Said parcel contains 167 . 645 Acres more or
less gross.
810503
LOT "A"
A parcel of land situate in the Southwest Quar-
ter of Section 30 , Township 8 North, Range 65
West of the 6th P.M. , County of Weld, State of
Colorado, being more particularly described as
follows:
Considering the West line of said Southwest
Quarter as bearing North 00°00 ' 00" East, and
with all bearings contained herein relative
thereto;
Commencing at the Southwest corner of said
Section, thence along the West line of said
Southwest Quarter North 00°00 ' 00" East, a dis-
tance of 322 . 91 feet to the TRUE POINT OF BEGIN-
NING, thence continuing along said West line
North 00°00 ' 00" East, a distance of 2301 .42 feet
to the West Quarter corner, thence along the
North line of said Southwest Quarter South
87°49 ' 21" East, a distance of 2820 . 66 feet to
the center Quarter corner, thence along the
East line of said Southwest Quarter South
00°26 ' 06" West, a distance of 2574 . 90 feet
to the South Quarter corner, thence along the
South line of said Southwest Quarter North
88°49 '11" West, a distance of 2315 . 82 feet;
thence North 00°28 ' 06" West, a distance of
322 .25 feet; thence North 88°43 ' 59 " West, a
distance of 481.23 feet to the TRUE POINT OF
BEGINNING.
SUBJECT TO a 30. 00 foot Right-of-Way on the
South and West line of said Southwest Quarter
for County Road Right-of-Way and SUBJECT TO
all OTHER RIGHTS-OF-WAY, EASEMENTS and
RESTRICTIONS as now in use or of record.
Said parcel contains 164 . 073 acres more or
less gross.
LOT "B"
A parcel of land situate in the Southwest Quar-
ter of Section 30 , Township 8 North, Range 65
West of the 6th P.M. , County of Weld, State of
Colorado, being more particularly described as
follows:
Considering the West line of said Southwest
Quarter as bearing North 00°00 ' 00 " East, and
with all bearings contained herein relative
thereto;
Beginning at the Southwest corner of said Sec-
tion, thence along the West line of said South-
west Quarter North 00°00 ' 00 " East, a distance of
322 . 91 feet; thence South 88°43 ' 59" East, a
distance of 481 . 23 feet; thence South 00°28 ' 06"
East, a distance of 322 . 25 feet to a point on the
South line of said Southwest Quarter, thence
along said South line North 88°49 ' 11" West, a
distance of 483 . 85 feet to the TRUE POINT OF
BEGINNING.
SUBJECT TO a 30 . 00 foot Right-of-Way for County
Road along the South and West lines of said
Southwest Quarter, and SUBJECT TO ALL OTHER
RIGHTS-OF-WAY, EASEMENTS, and RESTRICTIONS as
now in use or of record.
Said parcel contains 3 . 572 acres more or less
gross.
0583
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 2-1A(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 Leonard Purcell and Marvin Witbeck be,
and hereby is, exempt from the definition of the terms "subdivi-
sion" and "subdivided land" pursuant to its authority under
Section 30-28-101 (10) (d) , CRS 1973 , as amended.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 20th day of
May, A.D. , 1981.
'... ,^ " s BOARD OF COUNTY COMMISSIONERS
ATTEST: f r ( t WEVeacaei
LD,COUNTY, CO ORADO
Weld County Clerk and Recorder (Aye)
and Clerk to the Boacc rlson, Chairman
By _21 z �f�C 11 �c 61420--- (Aye)
Deputy Countlerk Norman Carlson, Pro-Tem
AP'P VED AS TO FORM: : (Aye)
C . W. Kirby
67
County Attorney �1L, (Aye)
hn T. Martin
ye)
ne K. einmark
8-!,0583
DATE PRESENTED: MAY 27, 1981
., O55 i -- ',-)1/4„) -3 - NE * r 0� oA
`LEGAL DESCRIPTION Rees ii
The Southwest 1/4 of Section 30, Township 8 North, Ranee 65 West of the 6th P.M. , 1i
County of Weld, State of Colorado, being more particularly described as follows :
Considering the West line of Said Southwest 1/4 as bearing N 00°00'00" E. , and
with all bearings contained herein relative thereto;
Beginning at the Southwest corner of Said Section, thence along the West line
of Said Southwest 1/4 N 00°00'00" E. , a distance of 2624.33 feet to the West 1/4
corner, thence along the North line of Said Southwest 1/4 S 87°49'21" E. , a distance
of 2820.66 feet to the center 1/4 corner, thence along the East line of Said Southwest
1/4 S 00°26' 06" W. , a_ distance of 2574.90 feet to the South 1/4 corner, thence along
the South line of Said Southwest 1/4 N 88°49'11" W. , a distance of 2799.67 feet to
the TRUE POINT OF BEGINNING
.....SUBJECT TO a :30.00 foot Right-of- ,ay-.on the South and West lines of Said Southwest
1/4 for County Road Right-of-Way and is SUBJECT TO all OTHER RIGHTS-OF-WAY, EASEMENTS,
and RESTRICTIONS as now in use or of record
Said parcel contains 167.645 Acres more or less gross
LOT „A;,
A parcel of land situate in the Southwest 114 of Section 30 Township 8 North, Range
65 West of the eth P.M. , County of Weld, State of Colorado, being more particularly
described as follows
Considering the Vest line of Said Southwest 1/4 as bearing N 00°00'00" E ,
and with all bearings contained herein relative thereto;
-- ---- --Commencing at the: Southwest corner of Said Section, thence along the West line
of Said Southwest 1/4 .N 00°00'00" E_, a distance of 322.91 feet to the TRUE POINT
OF BEGINNING, thence continuing along Said West line N 00'00'00" 'E:-., a distance of - ---
2301:42 feet to the West 114 corner, thence along the North line of Said Southwest
114 S 87°49'21" E. , a distance of 2820.66 feet to the center 1/4 corner, thence along
the East line of Said Southwest 1/4 S 00°26'06" W. ,_a distance of ;2574.90 feet to
the South 1/4 -corner, thence along the South line of Said Southwest- 1/4 -N .88°49'11" W. ,.
a distance of 2315.82 feet; thence NL00°28'06" W. , a distance of 322.25 feet; thence
N 88°43'59" W. , a distance of7481.23 -feet to the TRUE POINT OF BEGINNING
SUBJECT TO a 30. 00 foot Right-of-Way on the South and West line of Said Southwest
1/4 fox. Countg...Road.Right-of-Way and,SUBJECT .,TO all-OTHER -RIGHTS-0E-JAY _BASEMENTS,
and RESTRICTIONS as now in use or of record
Said parcel contains 164.073 Acres more or.::less ::gross. --
LOT „B„
----A parcel of land situate in the Southwest 1/4 of Section 30, Township 8 North, Range ---
65 West of the eth P.M. , County of Weld, State of Colorado, being more particularly
described as follows:-
Considering the West line of Said Southwest 1/4 as bearing N 00°00'00"-E. , . -and with all bearings contained herein relative thereto;
__ Beginning::at the Southwest corner of Said Section, thence along the West line -of Said Southwest 1/4 N 00`00.'.00" E. ,: . a distance of-.322.91 :feet; thence S:.-.:88°43'59" E. ,
a distance of 481.23 feet; thence S 00°28'06"'E. , a distance of 322.25 feet to a
point ,on the South line of Said Southwest 1/4, thence along Said South line
N 88°49'11" W.:, a distance of 483.85 feet to the TRUE POINT OF BEGINNING.
SUBJECT TO a 30.00 foot Right-of—Way for County Road along the South and West lines
of Said Southwest 1/4 and SUBJECT TO all OTHER RIGHTS-OF-WAY, EASEMENTS, and
RESTRICTIONS as now in use or of record.
Said parcel contains. 3.572 Acres more or less gross. .
SURVEYOR'S CERTIFICATE . _. ,r /'
.
I hereby certify that this plat was prepared under my supervision and tbt the same _ `is correct to the best of my knowledge and.. belief. . . : Y 't 1r
Guadalupe P. Delgado, Reg. L.S. 10725 ;
We, the undersigned, being the sole owners in fee of the above described property
do I�by subdivide the sa e as shown on the attached man.
' 7�� P".0583
SHEET 2 OF 3
RECORDED DELGADO 8 MESTAS INC
EXEMPTION NO. 2417 Airway Ave Ph 484-0533
0551 -30- 3-RE497 Fort Collins Colorado 80524 LEGEND
♦= SEC. COR'S FOUND
THE SW. 1/4, SEC 30, TBN, R65W 0= SEC COR'S SET
WELD COUNTY, COLORADO O = PINS SET
N. 1/4
W. 1/4 COR. NORTH LINE SW. 1/4 COR.
SEC. 30 SEC. 30
S 87° 49121""E C 1/4 COR.
2820.66' . SEC. 30
2790.05'
I 3Q01.'
N 8a
NI
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win
W EN
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�x-4.0 { 164073 ACRES SCALE 1"-400'
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LOT B o
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3572 ACRES 88° 43':59"E 1O
481.23'
Z_... - 451.22' °
m N -S 00° 28.06•'E 322.25
3001. (NI/
p al N O
to rn
m N . ..SET N L _. _ -
49355'
. 231582'— _
N 88° 49" 11.'W 2799,67 CT Y RD 88
SW_ COR
SEC,30 SOUTH Li NE `SW 1/4 S. 1/4 COR.
(TP0.8.1 SEC. 30
LOT A - 164073 ACRES
co LOT B - 3.572 ACRES
_____\,70 I TOTAL - 167. 645 ACRES
Ct Rd 90
30 m
n X
rn pi LOT A
a \ Ia
cc 1, v
a 'r SCALE:1._2000
V
IT0
LOTS_ ,��
� d/. ° LOCATION MAP
Cty Rd 88
•
SHEET 1 OF 3
:. O1DED EXEMPTION NO. 0551 -30 -3 - R E 497
LEGAL DESCRIPTION (continued) Rees
The foregoing certification was acknowledr before me :his 21st _ day of
April A.D. , 1T,1_.
My Commission Expires: Decem`bef 23, 1933
Notary.. Public:� ct�lpn -�,r Qmct
Witness my Hand and Seal
accompanying plat is accepted and approved for filing.
. Qgir -
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
ATTEST:` County Clerk 0,,_ -'""" e.„ ,,,,dart,
Deity County ClerkB
J/n D a
Date ..7/dc)///O/
///
J,
SHEET 3 OF 3 nn
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
May 19, 1981
•
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exempiton 497
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from Leonard Purcell and Marvin Witbeck. The parcel of land is
described as the SA, Section 30, T8N, R65W of the 6th P.M. , Weld County,
Colorado. The property is approximately two (2) miles east of the Town
of Pierce. The property contains approximately 167 acres of irrigated
and nonirrigated cropland. Mr. Witbeck and Mr. Purcell wish to sell
one set of improvements and 3.5 acres and keep another set of improve-
ments and 164 acres.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Service's staff recommends the re-
quest be approved for the following reasons:
1. The request conforms to the intent clause of the Recorded
Exemption Procedures (Section 9-2 of the Weld County Sub-
division Regulations, the intent clause of the Agricultural
Zone District (Section 3.3.A. of the Weld County Zoning
Resolution) , and the Weld County Comprehensive Plan in that
the uses will be compatible with the surrounding agricultural
uses. The request will allow agricultural and related uses
to be the predominant land uses. There will be no reduction
in the amount of land currently being used for agricultural
production.
2. This request complies with the provisions of Section 9-4 A.
of the Weld County Subdivision Regulations.
E"' 0583
Board of County Commissioners
May 19, 1981
Page 2
The staff has one concern regarding this application. The smaller lot,
"Lot B", includes the corrals that more logically would be a part of
the farming operation associated with "Lot A" , the larger lot. The
staff feels the applicant should address this issue to the Board of
County Commissioners satisfaction.
Respectfully,
Q
Allen Josh
Sr. Planner
AJ:rg
t' " 0583
h .'LICATION FOR RECORDED EXE „ TION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
• FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . "I I l APPL . FEE 15S.c>o
ZONING DISTRICT A " 4G.(revr_7 i 4L RECORDING FEE (04 O , 33•)
DATE /7/- 2.2 - g 1 RECEIPT NO . $l 11$
APPL . CHECKED BY V. T
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 :
///see attached sheet///
ACREAGE : Lot "A" 164.073 ; Lot " B" 3.572 ; Total 167 .645
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No X _
Are there any existing improvements on Lot A? Yes X No
Lot B? Yes X No
FEE OWNERS OF PROPERTY :
1509 Country Club Rd
Name : LEONARD G. PURCELL Address Ft. Collins, CO (D5i4tone 484-2345
Name: MARVIN WITBECR__ __ Address 1-8061 CoRd 88 Phone 834-2661
Name : Address Pierce, Co 80650 Phone
WATER SOURCE FOR: Lot "A" none Lot "B" North Weld Water
TYPE OF SEWER FOR : Lot "A" septic system ; Lot " B" septic system
PROPOSED USE FOR : Lot "A" irrigated farming ; Lot " B" residence & farm support
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 o y knowledge .
t
COUNTY OF WELD ) J o
STATE OF COLORADO ) ,/J ft
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this day of (ti LL0 , 191 .
SEAL _c\.
Notary Public
‘ :)%,
AI:O 'C
My ommission expires :
414
? 0583
April 16, 1981
RE: SW14, 30-8-65, Weld County, Colorado
The owners of the above mentioned property are in the process of
selling the above referenced property. One of the owners lives in
the improvements which are the subject of this exemption. There is
a possibility that he may remain and continue to reside at 18061
County Road #88, Pierce, Colorado 80650. However, if he does not
choose to remain, it is economically unfeasible to leave two (2)
residences side by side. Both the exempted lot and the remaining
farm will have a house.
1ES . REES
Agent for Sellers
ea! 0583
April 16, 1981
RE; SW1, 30-8-65, Weld County, Colorado
TO WHOM IT MAY CONCERN
Please be advised that JAMES E. REES is hereby authorized to act as
our Agent in the exemption proceedings being processed in regard to
the above-referenced property, and which is more particularly
described on the attached addendum.
ONARD G. CEL
MARVIN WITBECK
E ..0583
1-_77L1 CAI T Leonard G. Purcell and Marcin Witbeck
CASE T RE-497
•
REFERRALS SE::T OUT O'?: April 28, 1981
Co
U REFERRALS TO BE :=;CE:,1-ED BY: May 11, 1981
1--4 (T(JDa � a
O U
M -REFER'_'.ALS RECEIVED
County Attorney - Plat only
County Health
County Engineer .
Mr. Lois Souther, Town Clerk - 834-2851
Town of Pierce - April 28, 1981
P.O. Box 57
Pierce, Colorado 80650
Pierce Latteral Company
c/o Irvin Nelson
14035 Weld County Road 84
Ault,. Colorado 80610
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FIELD CHECK _
FILING NUMBER: RE-497 DATE OF INSPECTION: April 30, 1981
NAME: Leonard Purcell and Marvin Witbeck
REQUEST: Recorded exemption
LEGAL DESCRIPTION: sw1/4, Section 30, T8N, R65W
LAND USE: N Agriculture
E Agriculture
S Agriculture
w Agriculture
ZONING: N Agricultural
LOCATION: 2 miles east of Pierce E Agricultural
S Agricultural
w Agricultural
COMMENTS:
Property in question is cultivated, irrigated farm with houses and outbuildings
located in the southwest corner of the property. Parcel B will contain two residences
and corrals. Parcel A will contain one residence and farm ground. The surrounding
area is predominately irrigated general farm ground with some nonirrigated land.
BY: j Lv1 �
TEH:rjg t
940583
BOARD OF DIRECTORS
ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE A o_. HIGHWAY BS LUCERNE. COLORADO 80646
GARY SIMPSON Q I -
• '� LYLE NELSON, MGR.
• •TOM REED kyil 1^
P.O. DOX 56 • PHONE 354.3020 - - -
March 24 , 1981
•
RE: Water Service Marvin Witbeck
Dear Sirs,
This letter is in response to your inquiry regarding water
service to the following described property :
Sec 30-8-65
1 . X ;Eater 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
•
•
E"0583
RECORDING DATA _17._. MAPS & v, "S
Rec Ex #0551-30-3-RE497 __� _�_
NAME OF SUBDIVISION _�___.____.__--_.___.__.—
Leonard G Purcell & Marvin Witbeck
NAMF OF SUBDIVIDER
SW4 S30 T8 R65
t (rWATIUN OF SUBDIVISION _�. _..._ �..�.—•
1981 938 RFCFPT I ON #
nATF OF RECORDING4 SO 41_5
.�UN�4 ---
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
B Y
DEPT Y COUNTY CLERK b RFCORnFR
E 1.0583
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