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HomeMy WebLinkAbout820661.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 580 - HERMAN SCHELLER 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. 580, being the property of Herman Scheller, described as the S1 S1 S2 SE4, Section 3, and part of the NE4, Section 10, both in T7N, R65W 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 palt 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. 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 Herman Scheller be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1982. Lt BOARD OF COUNTY COMMISSIONERS ATTEST: ''^- . w✓l'II:',:-, 1.; :' ✓ WELD.-COUNTY, COLORADO Weld County Clerk and Recorder i //)//7.d--(45-75 and Clerk to the Board Jo , T. Martin, C //))ha rman By: 67)z-^77t-L2- C L tt-vlt_cc2 Deputy Count Clerk uck Carlson, Pro-Tem APPRO AS TO FORM: Norman Carlson_:,Ifje:112 County Attorney C. W. Kir y ne K. S eihmark 820661 { .. �� DATE PRESENTED: November 29, 1982 P 1i „r...,._,.... p DEPARTMENT OF PLANNING SERVICES a PHONE (303) 3564000 EXT.404 915 10TH STREET i ^.. GREELEY, 80631 II II D ? , y November 24, 1982 COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #580 Dear Commissioners: The attached application and related items are in reference to a request from Herman Scheller for a recorded exemption. The parcel of land on which this request is being made is described as the Sk Sk Sk SE', Section 3, and part of the NEk, Section 10, both in T7N, R65W of the 6th P.M. , Weld County, Colorado. The property is located approximately five (5) miles east and one (1) mile north of Ault on Weld County Road 84. The property contains approxi- mately 158 acres of Class I, II and VI irrigated soils. The request is to divide the property into parcels of 3.19 acres and 155 acres, more or less. The applicant would like to sell off the existing residence and improvements on the proposed Lot "A" because the present house is too large for his needs. Proposed Lot "B" also has an existing residence and the applicant plans to continue to farm on the balance of the parcel. 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 Sub- division regulations as follows: 820661 Board of County Commissioners November 24, 1982 Page 2 - The 158 acres, more or less, under consideration will allow agricultural and related uses to be the predominate uses. The uses will be compatible with existing surrounding land uses. These facts support the proposal as being consistent with the intent clause of the agricultural zone district. - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land divi- sion 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. - The proposed lots meet the requirements for an adequate water supply and an adequate sewage disposal system. - 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 Roads 84 and 45. Respectfully su t d, Greg Oxenfeld Planner GO:rg 820661 FIELD CHECK FILING NUMBER: RE-580 _ DATE OF INSPECTION:November 18, 1982 NAME: Herman Scheller REQUEST: Recorded Exemption LEGAL DESCRIPTION: S1 S1 S1 SEli Section 3 and part of theNE'7.. Section 10,w }�pth n 'r7N. _ R65W of the 6th P.M. , Weld County, Colorado LAND USE: N Farmland E Pasture __.----_____--- S Farmland • W Farmland CONING: N Agricultural LOCATION: approximately 5 miles east and 1 [ Agricultural mile north of Ault _ S Agricultural WAREJ.cultural COMMENTS: Thp current_ imprpvevnpnrc op prnpnsed Lot "A"-COnsiSt_ Q .briCk horise wirh rhp remainer of the arcel in a nt im t� prQpospd_ Tor "$" consist of one frame house. 3 sheds and a small feedlot with the romaindpr of flip property in farmland. (.) BY: Greg e f eI■ , . anner GO:rg F420661 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 15.00 CASE NO . RE.-58o RECORDING FEE (0,00 ZONING DISTRICT Y‘ctkl}t . RECEIPT NO . ‘Z.5S4\ tr 5(003 DATE 1\ il10y APPL . CHECKED )BY TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) I XX 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 sheet attached) TOTAL ACREAGE : 158 arres more or 1Prts 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 : HERMAN Sri-TELLER Address : Ioute 1, Box 125 . Ault , CO 80610 Phone : 834-2491 Name : Address : Phone : Name : Address : Phone : North Weld Water North Weld Water WATER SOURCE : Larger Parcel District Smaller Parcel District TYPE OF SEWER : Larger Parcel septic _ Smaller Parcel septic agriculture residence and PROPOSED USE : Larger Parcel irrigated Smaller Parcel agriculture ACREAGE : Larger Parcel 155 plus Smaller Parcel 3 . 19 EXISTING DWELLINGS : ( Yes or No ) Yes ( 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 ) 1 STATE OF COLORADO ) 12-/ Signature : Owner or Authorized Agent Subscribed and sworn to before me this •Y/ day of (44e-c -_, 19i' ( SEAL ) _7 rt Lc., - r NotarPubl ic/ ,1 • My Com ssior' expires : •`tr:�.lr �,� h,=y ;. 820661 a Herman Scheller Route 1 , Box 125 Ault, CO 80610 October 26 , 1982 Board of County Commissioners Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re : Supporting Information for Application for Recorded Exemption Ladies and Gentlemen: I presently hold approximately one quarter section of land , as described on the Application for Recorded Exemption , which I intend to divide into parcels as shown on the supporting map . My purpose for requesting a recorded exemption is to enable me to sell my residence , with the surrounding yard, which is approximately 3 . 19 acres (shown as Lot A on the map) and to retain the remainder of the land (shown as Lot B) for agricultural purposes . I have recently been divorced , and the resi- dence located on Lot A has been my residence . The residence is a four bedroom house and is much larger than I currently need . Lot A, in addition to the residence , will most likely be used in the future for the keeping of horses or other farm animals . Lot B has a residence located on it also , which residence is occu- pied by my son-in-law. My son-in-law is a dairy farmer . Approximately 155 acres of LotB are used as irrigated farm ground . Lot B will continue to be used for farming purposes for the foreseeable future . The surrounding areas are agricultural zone areas, and I am not aware of any plans by the surrounding owners to attempt to change such usage . The division into parcels , which is being requested , should have absolutely no impact on the area or the usage of the concerned farm ground . In effect , only the ownership of the residence is changing and all else will remain fairly constant . The subject property does not lie in a Flood Hazard Overlay District . Very truly you5s , Ake./4 Herman Scheller 820661 19907 q, `6 y t t. a.,. • I J } Y } . ate,' N xs\ 4 {` f1 5 Y�. W ' ��' ' , 7 _ _ C--)7 �.\,q '..21...... _ z ,, , t 1 l f t \ �\ A 1 ', �.,. 1 . �\ C ib}- a3 .k4 � �, 9".,iwg'f SehF. - P C x &r� d > } S' yfr µµ �e y1 ,' � ,iM Y «rr,, :, 1i F .41:.. f '�,7.. �� C�x 3 (" .-);--:,--:,.._:,H.:--._ it w: t f :R .: '4'....t'l..',i4:1,',;'il,,,'-,,',':'i,:::.,';',,:•'::•,;4..; '4.1.:,,,, ,„,., x r.-: l drr hi: ,,,:ft,,,,,,t,:ts.,.,,•1 S trvny�` �' �h w r thy, "$ Y a4 1: LEGAL D E S C R I P k 0 N .S `,-=t—cz,`;--`s'i' CASE NO. • s%o ,t-t°°`dZ>-1/4O. k � � • tk',. 1 tea `5 it ".. Ak 4 gas.. „ 4 . £ � S W� �nt��a 1 w Ifx �`!#k 4r f• e il a P A 15 ‘1: .' lirt 19 41 ^£ n 4 21 e J' ' ti 10 • ' `'-^ �a a J SOIL CLASSIFICATION OLD Na NEJW11 NO. IRRIGATED NON - IRRIGATED \C\ vlor e a k S .1-N®rve. as -"„ ‘„Ez,,,,e_ • 820661 H !:EC-)1Ti,i` EXEMPTION NU"BEY, 0709-3-4-RE-580 FND V2" O REBAR AT LOT A 3/9 AC LEGEND SEC 3 NE COI?. LOTS /55 AC a P/N SET � O O-P/N FOUND 0 COUNTY ROAD p 20, R O.W. 2 v. /RR. D/TCH ESMTC a R 8 h in FND OTTO Q CULo R MON. 589°50'55"E 2622./2' �0 I 0 ki COUNTY ROAD 84 3./ 38 .4.% l AC, R cp 6- 8%t4� w SOOT) L/NE SE //4 SEC 3 89 �� END 1/2" - NORTH LINE NE //4 SEC /O REBAR AT SE COR. SEC 3 LOT B /55AC ' 0 W S N 89 °W 2778 ' 3 Z h W h h o y Q kJ EAST V/C/N/TY MAP /" = 2000' �\ h ti � l` SE COR i ----- SEC /0_ /r ., ,,,... .„, LOT/ T eus44„, ,„, i �.ae°� •L�T' r� 3� J" \v 2 f°'.7 ??Ii \'1 � = L (K b)9 — ------j10� � T �� \ 114,/ ' SCALE 820661 -----\,--- / "=400' 6737-1-1 I Page 1 of 2 RECOREDED EXEMPTION NO, 0709-3-4-RE-580 LEGAL DESCRIPTION P1/47: The South Half of the South Half of the South Half of the Southeast QuarterQuarter of Section 3, Township 7 North, Range 65 West of the 6th P .M. , ALSO All that part of the Northeast Quarter (NE 1/4) of Section 10, Township 7 North, Range 65 West of the 6th P.M. , EXCEPT that part of said_Northeast Quarter (NE 1/4) of said Section described as follows: Beginning 2642.5 feet North of the Southeast corner of Section 10; thence North 0°35' ''est 518 feet ; thence North 89° West 2778 feet; thence South 435 feet ; thence East to the point of BEGINNING, all in the County of Weld, State of Colorado. Said described parcel of land contains 158 acres more or less, including a strip of land 30 feet in width along the North and East sides thereof reserved for County Rdad purposes 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 `StWSW 616,{1`' czpL &c- ', I hereby certify that this plat was prepared under my supervision and@ ei " Q.- •`��,, correct to the best of my knowledge and belief. t eC,fj ti :r n c e -7 '�e EDWARD L. BERLIER, REGISTERED LAND SURVEYOR 10855 9T ` e4. 6 e C7 G 6 .ceeM :e rQ' ' Op. coy he the undersigned, being the sole owners in fee of the above described property do hereby subtlividc the same as shown on the attached map. The foregoing certification was acknowledged before me this :xi/ — day of ( . tom , A.D. , 1982. — — fly Commission Expires: l' _- u .��. `> AS Notary Public: �:<_ .� c-7,r, hitness my Hand and (Scal - 1 d, a/ The accompanying plat is accepted and approved for filing. /1/2 ff CHAIRMAN OF T BOARD OF COUNTY CO^B!ISSIONERS i ti- y✓ ATTEST: Couuty Clerk a..,��4�� C�-t�+^. e'p�y���`�'a� By .. U---- t Date -- L —.L-__=r- • • 820661 6737-1-1 Page 2 of 2 Hello