The URL can be used to link to this page

Browse Search

Home My WebLink About830840.tiff v� i4 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 658 - NORA L. WILLSON TRUST 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. 658 , having been requested by Nora L. Willson Trust, described as the NEq and Part of the SEa, Section 15 , Township 6 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 applicants 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 Section 30-28- 101 (10) (d) , CRS 1973, as amended, and WHEREAS, this request is to divide the property into parcels of 199. 8 acres and 1 . 2 acres, more or less, to allow the appli- cant to sell the smaller parcel, with the larger parcel to re- main in agricultural production. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove des- cribed parcel of land be, and hereby is, exempt from the defi- nition of the terms , "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 Com- missioners. z7) od rf v\��. C:(' C{/'f. / , 830840 Page 2 RE: RE #658 - NORA L. WILLSON TRUST The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of December, A.D. , 1983 . 4- BOARD OF COUNTY COMMISSIONERS ATTEST: "L2-' . i `...4 . '1 WELD COUNTY, COLORADO Weld County Clerk and Recorder hafr C ck Carlsonr�. and Clerk to the Board BY: 1 `'.-v F(I! /P/t/1 i T )0 2.04.--1-441 r' Deputy County Clerk Jociloda . Martin, Pro-Tem L . APPROVED AS TO FORM: EXCUSED Gene R. Brantner County Attorney Norman Carlson J cqu ine J h son DAY FILE: January 4 , 1984 830840 41-1" DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.400 915 10th STREET GREELEY,COLORADO 80631 COLORADO December 28, 1983 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #658 Dear Commissioners: The attached application, plat and related items are in reference to a request from Nora L. Willson Trust for a recorded exemption. The parcel of land on which this request is being made is described as NEB and Part of the SE', Section 15, T6N, R65W of the 6th P.M. , Weld County, Colorado. The property is located 3' miles southeast of Eaton on Weld County Road 70. The property contains approximately 201 acres of Class I, Ile, IIIe, and IVe irrigated and IVe, VIe nonirrigated soils. The request is to divide the property into parcels of 199.8 acres and 1.2 acres, more or less. This recorded exemption will allow the Nora L. Willson Trust to exempt and sell off one acre of land to Mr. and Mrs. Geisick who have been tenant farmers on this farm for the past 35 years. 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 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: The 201 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 zoning. The proposal is also consistent with the intent of the "A" Agricultural Zone tF District on which it is located. 830840 0940 Board of County Commissioners 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 Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - While the proposal does exist in an overlay district area according to the official maps of record for Weld County, the applicant has submitted a Flood Hazard Development Permit and has demonstrated that Parcel A of this recorded exemption is in fact out of the 100 year flood plain. - 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 70. 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, ef ames R. Mayer turrent Planner 830840 FIELD CHECK FILING NUMBER: RE-658 DATE OF INSPECTION: December 14, 1983 NAME: Nora L. Willson Trust REQUEST: Recorded Exemption LEGAL DESCRIPTION: NE4, and part of the SEA, Section 15, T6N, R65W of the 6th P.M. LAND USE: N Weld County Road 70, agricultural production and a residence E Weld County Road 45, agricultural production and a residence S Agricultural production W Agricultural production ZONING: N Agricultural LOCATION: 3.5 miles southeast of Eaton* south E Agricultural of Weld County Road 70 and west of Weld County S Agricultural Road 45 W Agricultural COMMENTS: Lone Tree Creek and Greeley Canal #2 traverse the site. The Greeley Canal #2 forms the southwest boundary of proposed Lot "A". Access to proposed Lot "A" would be from Weld County Road 70, a dirt road, access to proposed Lot "B" would be from Weld County Road 45, a dirt road. Proposed Lot "A" is well above the Lone Tree Creek (approximately 15-20 feet) . The site slopes to the southwest moderately. There are two sets of improvements on the site. Two single family residences exist in the southeast part of proposed Lot "B". _ej es a er u rent Planner JRM:rjg 8.10840 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 �D t5i 7� CASE NO. /41C 6,5-cP RECORDING FEE (o ,db ZONING DISTRICT /4 RECEIPT NO . S-k,6,„ DATE //• 02 ! ' 6--3 APPL . CHECKED BY ,:37,0Y,_ 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 : The Northeast Quarter (NE 'A) of Section Fifteen (15 ) , and that part of the Southeast Quarter (SE 1/4) of Section Fifteen (15 ) , lying and being North of the Center Line of the Canal of the New Cache La Poudre Irrigating Company, all in Township Six (6 ) North , Range Sixty-Five (65 ) , West of the 6th P.M. , Weld County , Colorado TOTAL ACREAGE : 200 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 : Greeley National Bank Trust Department - Nora L. Willson Trust 80631 Address : 8th Street and 9th Avenue, Greeley , Colo. phone : 303-356-1234 Name : Address : Phone : Name : Address : Phone : Well and WATER SOURCE : Larger Parcel No. Colo. Smaller Parcel Well TYPE OF SEWER : Larger Parcel Septic/Leech Smaller Parcel Septic/Leech PROPOSED USE : Larger Parcel Agriculture Smaller Parcel Residence ACREAGE : Larger Parcel 199.8 Acres Smaller Parcel Approx. 1 .2 Acres 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 ) _ NATIO Nis TRUST DEPARTMENT Signatur i ner or Autho 'zed Agent Sub cribed and sworn to before me this 4,9„a day of jG. 19 /0 . ( SEAL ) Notary Public My Commission Expires Feb. 8, 1987 My Commission expires : 8J0840 4200 Weld County Road 38 Platteville , Colorado B0651 November 21 , 1983 WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street Greeley , Colorado 80631 Subject : Application for Recorded Exemption Gentlemen : Enclosed are the following documents : 1 . Application for Recorded Exemption 2. Certificate ❑f Conveyance 3. Copy ❑f Deed ❑f Ownership 4. Plan of property showing proposed division of property 5. Cross Section Elevation of proposed residential plot , showing compliance with Intent of Flood Plain. The above data is submitted t❑ support this request for a recorded exemption. Our Trust Department has been requested by Mrs. Nora L. Willson , Trustor of the Nora L. Willson Trust , to bequeath in joint ownership , a small parcel ❑f land from her farm, held in trust by us , to Mr. Raymond Geisick and Alvina Geisick - husband and wife. Mr. & Mrs. Raymond Geisick have been Tenant Farmers for Mrs. Willson since 1967 ; and , prior to that , worked for Mr. Lewis B. Willson (Nora ' s husband , deceased ) since 1947 -- a total ❑f over 35 years ❑n the same farm. It is Mr. & Mrs. Geisick ' s intent to build a residence ❑n Parcel A , live in the new residence while continuing to work the Willson Farm, and thus eventually retiring at this residence. The existing Willson Farm is approximately 200 Acres , served by three (3 ) irrigation ditches and two adjudicated irrigation wells. In addition , Lone Tree Creek bisects the property , running west to east , more or less. Since the Geisicks will move into the new residence and continue t❑ farm, the existing Tenant House they have occupied for 35 years will be used t❑ house hired help for Mr. Geisick ' s farming operation. This request certainly meets all but one ❑f the requirements for a recorded exemption : 830840 X Page 2 1 . The request is consistent with the Weld County Comprehensive Plan retaining a total agriculture existence. 2. This request is consistent with the District ' s agriculture use intent. 3. The use of this exemption, if granted, will be compatible with existing adjacent land use (farming & agriculture residence ). 4. The use ❑f the property will be compatible with any future development of adjacent areas insofar as agriculture zoning is concerned. 5. Since this farm is in the heart of Weld County ' s richest farmland , is zoned agriculture , and is located several miles from Greeley or Eaton , n❑ ❑ther development is anticipated in the area other than farming residences which may be added from time to time. 6. The Proposed Resident Parcel A does lie within an Overlay District Area shown by Community Panel #08 0266-0627C, Zone A, Section 15 , Township 6 , Range 65 , and as more clearly shown on the enclosed plat. As may be seen from the referenced panel , this plat lies directly in the shaded area defined as flood plain. However , as shown by the Registered Surveyor ' s Land Elevations attached , the panel would appear to be in error since the flood plain is based upon Lone Tree Creek. This Creek ' s normal elevation is 24 feet lower than the surface ❑n the proposed Parcel A. In addition , the Parcel is 10 feet higher than the highest water level of the North Side Extension Ditch which forms the southern boundary of the Parcel. In fact , the Parcel is the highest point of land on the farm. It would appear that the flood plain should be relocated to the south side. Any flood that could bring water up t❑ the point of touching Parcel A is totally and physically impossible -- a wall of water 24 feet high , stretching across several miles to the south and west would be required. Hence , a deviation is requested t❑ permit compliance t❑ the Overlay District by this Recorded Exemption Request. 7. The minimum size ❑f the smallest parcel created by this land division is in excess ❑f ❑ne (1 ) acre. 8. This proposed land division is in compliance with all aspects of the Weld County Comprehensive Plan and will not be inconsis- tent with efficient and orderly development. 830840 K Page 3 9. Weld County Road ## 70 is adjacent to Parcel A and , in fact , forms the north boundry as shown by the attached plat. 10. State of Colorado Water Resources Division 1 has verbally agreed to issue a domestic well permit at such time requested. Good, potable water is available at a shallow drill depth as evidenced by the domestic wells on the farm residence approximately 150 feet north of proposed Parcel A. 11 . A septic tank and leech field will be installed of a design consistent with Weld County Health Department requirements. The soil in this area is very permiable and will leech effluent water very effectively. 12. This farm has never been divided nor a part of any recorded exemption , nor is it a part of any subdivision. 13. The sole purpose of this Requested Recorded Exemption is to provide Mr. & Mrs. Geisick a residential parcel of land , still adjacent to the farm Mr. Geisick has farmed all of his adult life ; and then to provide the Geisicks with a retirement home on the land they have farmed so long. There is no intention to evade any requirements of Weld County ' s regulations but rather to reward the Geisicks , in a small way , for their long , devoted , and excellent tenure on Mrs. Willson ' s Farm. 14. Since only a single family residence with garage , normal landscaping , gardening , and other domestic appurtenances will be situated on the proposed Parcel A, in compliance with all applicable building permits, codes , and ordinances , there will be more than ade- quate protection of the health , safety, and welfare of the inhabitants , the neighborhood , and the County. In summation , it is felt that this Recorded Exemption would meet all requirements the Recorded Exemption Process spells out and is intended by the Department of Planning Services of Weld County , Colorado. You will note that we have had a licensed surveyor plat and develop the enclosed data prior to receiving the recorded exemption. The purpose of this is to have precise data for the evaluation of the flood plain deviation request and to show positively that the plat in question is not in any way subject to flooding. If additional information is required, feel free to contact either of us at any time. Very truly yours , (: aye•-r DEN S SWARTZ ROBERT 8. WILLSON , Greeley National Bank Son of Nora L. Willson ittr Trust Department t308 lraal aw mnl nrarin .770_� V . - - -- '.or . _ —�. 470° n` I oo 611. ° o' gese ' o ro / rr 91 4n N I, Ni / L . cC/wi �Y i I. ° /� / � / 00 a . .- 0. • 4720 : ,,, , �� l Q o / �a of 0 > o `°✓_ , �� - � — % /. a ° a 4140- � ',"... N � N �• ;.. - -- ___4120/ _ — - • /0 N3 Q HEC1 D. CO e o � •< p co, n 2Ia 1 0 o� o ,I i/ oe \ IN 1 --,.O ¢1 3 rc n 61 .. .--� A N N m q o�W�s ° o --onc3�__ 6 1 �� li. --ova... _.0£M- � ��i IF \ 4F5L naso i_- - I / .° �oocn�to QDii t0 --�_ -- —_ 4130--"--V -. �' W s 5 CON 3� 1' n 11 �� I% Jyti� .9 N l O J M a� y c m / h r s y ■- OC y, a l 8?Q 4 \, 840 LEGAL DESCRIPTION CL'Eac/ .�`1/4' Se4\S- Cfl-05 CASE NO, `- -: ' (o3% It ?t* Y v et 32 25 .L': 26% R • `-t .r 41 • ' 41 ) ti :1 '.i;,- .-c r- f i' 73 j "" ."'ig SOIL CLASSIFICATION SOIL NO. IRRIGATED NON-IRRIGATED PRIME 4 move- 4 \'.11 C1©Yye ___--- DS Y,t,t,�_�NN -- %c- `1S �a te___ --S:Cce__ (-es 41 Z ` mote \kES 4-7 __ \icec. _ ` a...� e Ml's 830840 REFERRAL LIST APPLICANT: Nora L. Willson Trust CASE NUMBER: RE 658 SENT REFERRALS OUT: 12-9-83 REFERRALS TO BE RECEIVED BY 12/21/83 z z z z H q6q z 0 6aq U) U O 2 O U OR O El ej O U O Z O 0 O R PI 0 z Ca ZZ z z anz 0 County Attorney (plat only) J Cache La Poudre Irrigating Co. 339 26th Avenue —r Weld County Health Department Greeley, CO 80631 Engineering Department Attn: John Lindeburg, Superintendent County Extension Agent Colorado Geological Survey ---- Room 1313 Sherman Street Room 703 Denver, Colorado 80203 J 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 830840 y REC�...RDED EXEM. )TION NO. 0803 -15- I -RE-658 DATE : NOVEMBER 21 , 1983 SHEET 1 OF 2 OWNER: GREELEY NATIONAL BANK, TRUSTEE FOR NORA L. WILLSON TRUST 8th STREET AND 9th AVENUE GREELEY , COLORADO 80631. LEGAL DESCRIPTION a lie/z, / THE NORTHEAST QUARTER OF SECTION 15 AND PART OF THE SOUTHEAST QUARTER OF SECTION 15 LYING AND BEING NORTH OF THE CANAL OF THE NEW CACHE LA POUDRE IRRIGATING COMPANY, ALL IN TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO. OWNER' S CERTIFICATE GREELEY NATIONAL BANK, TRUSTEE FOR NORA L. WILLSON,TRUST, BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. GREELEY NATIONAL BANK: DE R , ASSISTANT ICE PRESIDENT & TRUST OFFICER NOTARIAL CERTIFICATE STATE OF COLORADO ) COUNTY OF WELD )ss THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS-299t,CDAY OF 75440016/44_,/ , A.D. 1983 BY DENNIS SWARTZ, ASSISTANT VICE-PRESIDENT & TRUST OFFICER FOR THE GREELEY NATIONAL BANK, GREELEY, COLORADO. MY COMMISSION EXPIRES : My Comn:Ession Erci-es Feb. 8, 1987 WITNESS MY HAND AND SEAL: /`/ et/ NC # SURVEYOR' S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON NOVEMBER 21 , 1983, UNDER MY SUPERVISION, AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. o+` C B 'yc * 6616 etio GERALD B. McRAE, PROFESSIONAL ENGINEER AND VA%A .9ffa� LAND SURVEYOR, COLORADO REG. NO. 6616 tionsinamovo- COUNTY COMMISSIONERS' CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPR ED FOR FILING. ATTEST: COUNTY CLERK 4244.14.0 N, DATE: lo?/ e7 il,Q�i e i • 83 -T NO McRAE & SHORT, INC. 1227 -81h Annul Grsslsy, Colorado 80631 63/!9 RECh.JRDED EXEM.-ATION NO. 0803-I5-I-RE•658 SHEET 2 OF 2 e-vim _ _ x)41 ♦)36 (-- -- ° 1 1 - f, en LOT A. % of LOT B-\"\" : ','-._- 0 _ . o ^ep -...J ir b sec. /5, \ sit„ -�' T, fo A/. , ovo,,o�• i a R.65 0' 50' r00' /50' 200' P. I < -S BM•8. o . / 4739`` _ •F./ 2 ter '`4113, �_ Scale f "• 100' a�Z WELD CO. Rt. •°6( ( la- /\ _.\ fa • Pins found -� �, • �i ' • S Pins s.l LOCATION MAP SCALE' in-2000' Nor/h Quarter corner North line NE %4 Sec.l5,T. N,, R65/a (Sec. l5, T6/1/°, R. 65$/ WELD COUNTY ROAD NO. 70 .1 N. 90°00'00'E. . 6562' 121.68' M ; 9'1 -- South ePO.W of roam $ o . 2 60 •b' 4- --- s• F N.E. eor. Sec./5 0 isCt. a/.o? o's�. / O if2, •56,04.'`or / S c�' +r / In sr-. o �^o / / fs 13 PI cO7 �/ [w Lor A -c9o. \ 4 1. 178 Ac. gross g ''s- t 0.2384c. rood R.D.W 'QF g,• - 0.326 Ac. ditch R.O.W �cc. w 04014 Ac. net ZD e G's,e Lor 5 ti (Not to scale) -or Approx. 201 Acres NE. * Sec. /5- Z Center of Sec. /5 East Quarter corner Par/ of S.E.A Nof canal f • bRRrogrro v in ntigc McRAE & SHORT, INC. 1227-8th A Greeley, Colorado 8083$30840 PROJECT NO. 63/!9 X Hello