HomeMy WebLinkAbout810560.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 476 - WEST WELD AG INVESTORS
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 14th day of January, 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. 476 , being the property of West Weld Ag Investors,
described as Part of the South Half Northeast Quarter and Part
of the North Half Southeast Quarter of Section 35, Township 6
North, Range 67 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, "subdivision" and
"subdivided land" , pursuant to its authority under Section
30-28-101 (10) (d) , CRS 1973, as amended:
A tract of land located in part of the South
Half Northeast Quarter and part of the North
Half Southeast Quarter of Section 35, Town-
ship 6 North, Range 67 West and part of the
Southwest Quarter of Section 36 , Township 6
North, Range 67 West of the 6th P.M. , Weld
County, Colorado being more particularly
described as follows:
Beginning at the East Quarter corner of said
Section 35 and considering the East line of
the Northeast Quarter of said Section 35 as
bearing North 00°33 '20" West with all other
bearings contained herein relative thereto;
Thence North 00°33 '20" West, 230 . 00 feet;
Thence South 89 °32 ' 55" West, 330 . 00 feet;
Thence North 00°33 ' 20" West, 120 .27 feet;
Thence South 89°32 ' 55" West, 710 . 00 feet;
Thence South 00°33 ' 20" East, 597 .26 feet;
Thence South 89°32 ' 55" West, 1518 . 05 feet to
a point on the West line of North Half South-
east Quarter of said Section 35;
Thence South 17°49 ' 50" East, 1062 . 52 feet to
the Southwest corner of said North Half South-
east Quarter;
Thence South 85°54 ' 17" East, along the South
line of said North Half Southeast Quarter,
2435 . 02 feet to the Southeast corner of said
North Half Southeast Quarter;
losoo
Thence North 07°47 ' 46" West, 647 . 05 feet;
Thence South 49°50 ' 10" East, 39 . 37 feet;
Thence South 87°47 ' 10" East, 53. 49 feet;
Thence North 41°40 ' 35" East, 444 .72 feet;
Thence North 36°26 ' 15" West, 57 .70 feet;
Thence North 44°51 '15" West, 646 .18 feet
to the Point of Beginning.
Said described parcel of land contains
81. 183 acres, more or less, including a
strip of ground 0 . 569 acres, more or less,
reserved for county road right-of-way pur-
poses and is subjec to any rights-of-way
or other easements as granted or reserved
by instruments of record or as now existing
on said described parcel of land.
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 Subdivision
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 West Weld Ag Investors be, and hereby
is, exempt from the definition of the terms "subdivision" and
"subdivided land" pursuant to its authority under Section
30-28-101 (10) (d) , CRS 1973 , as amended, subject to the applicant
providing evidence that an adequate supply of domestic water exists
or can be made available for each proposed lot prior to recording
the Recorded Exemption Plat. Also, the applicant should be aware
that portions of proposed Lot B is located within a Flood Hazard
Overlay District and all proposed building sites, developments
and structures will need to comply with the Flood Hazard Overlay
District Regulations in the Weld County Zoning Resolution.
The above and foregoing Resolution was, on motion duly made
Q4).(1560
and seconded, adopted by the following vote on the 14th day of
January, A.D. , 1981.
ti, BOARD OF COUNTY COMMISSIONERS
ATTEST: `4O7C ,L �� WELD COUNTY, COLORADO
/ 7
Weld County erk and Recorder (Aye)
and Clerk to the Board Chuck Car son, Chairman
B� ' e fX1 {i �!Ck/ (Aye)
Deputy County Clerk Norman Carlson, Pro-Tem
APPROVED TO FORM: ABSENT DATE SIGNED (Aye)
C . W. Kirby
Co ntyy v 2-----27/2.a (Aye)
n T. Martin ( '�`,
A t� t$Aye)
ne K. teinmark
et 0560
DATE PRESENTED: JANUARY 19 , 1981
.. 1 a..r, r ._..a• •
RECORDED EXEMPTION N° 0807-4 35- RE476
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20/7e III FA OTTO & CULVER a►rofusiaWCorporation LAND eURVEYORS a
n RECORDED EXEN.I'TION N° 0807-4-. -RE 476
Legal Description
A tract of land located in part of the S4 NE3 and part of the Nil SE'
of Section 35, Township 6 North, Range 67 West and part of the SW1 of , CI(
Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld e
County, Colorado being more particularly described as follows: w
Beginning at the E corner of said Section 35 and:.:considering the 1/. 1
East line of the NE1 of said Section 35 as beraing North 00033'20" West
with all other bearings contained herein relative thereto;
Thence North 00°33'20" West, 230.00 feet,
Thence South 89°32'55" West, 330.00 feet;
Thence North 00'33'20" West, 124.27 feet,
Thence South 89°32'55" West 710.00 feet; Thence South 00°33':20"East, 597.26 feet;
Thence South 89°32'55" tiest,1518. 05 feet to a point on.the West line
of N1 SEA of said Section 35;
Thence South 17'49`50" East,1062 52 feet to the SW corner of said tf SE3 ;
Thence South 85°54'17" East, along the South line of said N1=SA,
2435.02 feet to the SE corner of said SE1/4;
Thence North 07"47'46"'West,-647.05 feet;
Thence. South 49"50'10" East, 39.37 feet;
Thence South 87'47'10" East, 53.49 feet;
Thence North 41°40'35" East, 444.7E feet;
Thence North 36°26'1S" West, 57.70 feet;
Thence North 44°51'15" West, 646.18 feet of the Point:::of Beginning
. ....... ......
Said described parcel of land contains 81.183 acres, more or less,
including a strip: of ground 0.569 acres, more or. :less,_.reserved. for
county road right-of-way;,purposes and is subject to any rights-of-way
or: other easements as granted or reserved by :instruments. of :record:::or
as now existing an said described parcel of land
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Surveyor's Certificate .•,,)�c,tone*. ,F
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I hereby certify that this plat was prepar>. under my supery . o J ate that s•
the same is correct to the best of my knowl'k. . .nd belief 0*;T 3 r •
JASPE FR E .,4 4as
C0L0' '' P.. 5 L.S, N0._ '4MEtfl .'
Property Owner's Approval FOf.,,p��J
lawt
We, West Weld Ag :Investors, being tile sole owners in fee of the above
described property d hereby subdivide the same as hown on the attached map
z
to
e foregoing certification was acknowledged before me this c aqn day of
A D., 1980. Witness my hand and seal
My commission expires:_`t /57 / 9k3 .r'2attt P
Notary Public
Planning Commission Certificate
The accompanying plat is accepted and 'approv filing.
n, Boar f County Commoners
urty Clerk
Dated b-44/••/! e�
ea/7z
F4OTTO & CULVER a Prohaiomlcorpaution LAND4SURVEYORS P
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WilDe January 14, 1981
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #476
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from West Weld Ag Investors for a recorded exemption. The parcel
of land on which this request has been made is described as part of the
Sz NE1 and part of the N1 SEA, Section 35, T6N, R67W of the 6th P.M. , Weld
County, Colorado. This property is located approximately 2 miles southeast
of Windsor. The property contains approximately 81.183 acres of Class I
and II irrigated soils. The request is to split the property into parcels
of 1.369 acres and 79.819 acres.
The applicants have indicated in the submitted application materials that
the West Weld Ag Investors are a farming entity which has no need for the
existing improvements located on the property and is requesting the Recorded
Exemption to sell the improvements. The balance of the property will remain
in agricultural production.
Based upon the information submitted and the adopted policies in the County,
the Department of Planning Services Staff recommends the request be approved
for the following reasons:
1. The request conforms with Section 9-2 of the Weld County
Subdivision Regulations (intent clause of the recorded
exemtpion procedure) , Section 3.3.A of the Weld County
Zoning Resolution (intent clause of the Agricultural Zone
District) , and the Weld County Comprehensive Plan in that
the uses will be compatible with 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. The Windsor Planning Commission has set forth no objections
to the request.
F4 0560
Board of County Commissioners
January 14, 1981
Page 2
3. This request complies with the provisions of Section 9-4 A. of
the Weld County Subdivision Regulations with the exception of
Section 9-4 A. (4) which is dealt with as a condition for approval.
The Department of Planning Services staff recommendation for approval is
conditional upon the applicant providing evidence that an adequate supply
of domestic water exists or can be made available for each proposed lot
prior to recording the Recorded Exemption Plat.
It should be noted that portions of proposed Lot B is located with a Flood
Hazard Overlay District. All proposed building sites, developments and
structures will need to comply with the Flood Hazard Overlay District Re-
gulations in the Weld County Zoning Resolution.
Respectfully,
�
sp n
V' ` V ,
Chuck Cunliffe
Assistant Zoning Administrator
CC:rg
P4 0560
64,7- -/k.
Richard D. Lamm ET/ =®>r- fir Jeris Danielson
Governor !� State Engineer
I
aoi
DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
JAMES n. CLARK
IRRIGATION DIVISION ENGINEER
ROOM 208 8th AND 8th OFFICE BLDG.
GREELEY, COLORADO 80631
OFFICE: 352-8712
January 14 , 1981
Mr. Chuck Cunliffe
Weld County Planning Dept.
Centennial Building
Greeley, Colorado 80631
Dear Mr. Cunliffe ,
We have reviewed the recorded exemption pertaining to Section
35-6N-67W. If the applicant meets all criteria established
by our office, submits the proper applications , pays all
associated fees, a domestic permit could be issued.
If you have further questions on this matter please contact me.
Very truly yours ,
James R. Clark
Division Engineer
JRC/PSW
el 0560
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO. RE-476 APPL . FEE 85.00
ZONING DISTRICT Agricultural RECORDING FEE 4•.W $4. 00
DATE 12/23/80 RECEIPT NO . 11556 & 280
APPL . CHECKED BY CAC
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 : LEE t1TTAC �vvT IT ..
Part ,S-2 NE 3/4 and part NZ SEk Section 35, T6N, R67W
ACREAGE: Lot "A" 1.364 ; Lot " B" 79.819 ; Total 81.183
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 No x
FEE OWNERS OF PROPERTY :
WEST WELD AG INVESTORS P. O. BOX 698
Name: A COLORADO JOINT VENTURE Address GALETON, CO 80622 Phone 686-7197
Name : Address Phone
Name : Address Phone
WATER SOURCE FOR: Lot "A" CIT GREELEY ; Lot "B" C�, GREELEY
Y OF
TYPE OF SEWER FOR : Lot "A" SEPTIC ; Lot "B" SEPTIC
PROPOSED USE FOR : Lot "A" RESIDENCE ; Lot "B" AGRICULTURE
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 .
WEST WELD AG INVESTORS A COLORADO JOINT VENTURE
COUNTY OF WELD )
STATE OF COLORADO )
S gnature : Owner or Authorized Agent
J S A. GILBERT - JOINT VENTURER
Subscribed and sworn to before me this / day of -4_X , 19 ).
SEAL (C'1rl,(11.�..•
Notary Pub c .. _— ----__._
My Commission expires : R�,G auk
cr
cA�9 tow— ��ti °�
JAMES A. GILBERT
COLORADO REAL ESTATE BROKER
REAL ESTATE CONSULTANT
P.O. BOX 1092 WINDSOR, COLORADO 80550 PHONE: (303) 686-7197
March 28 , 1980
Weld County Commissioners'
Greeley, Colorado
Dear Commissioners' ,
West Weld Ag Investors a Colorado Joint Venture, has purchased
81.183 acres in Section 35 and 36, T6N R67W of the 6th P.M., Weld
County, Colorado. West Weld Ag Investors is a farming enity which
has no need for the existing improvements and is requesting a recorded
exemption so said improvements can be sold.
Sincerely yours
ames A. Gilbert
int Venturer
�h1� t�1pf �
0cT 1980 r3�
RECE1VEO
wet tent'cP tossissla
rye�E \��4
EXCLUSIVE AGENT FOR: INDIANHEAD LIMITED A COLORADO JOINT VENTURE
WINDSOR GARDEN A COLORADO JOINT VENTURE
614 0560
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SEC. 35, TGN, R47W
CASE N0. RE - 476
41
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
in IL Nov
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26 =r e 111
39 .1
e .0560 x
REFERRAL L1S"
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APPLICANT West Weld Ag Investors 1-4 CASE n RE 476
REFERRALS SENT OUT ON: December 29 , 1980
rn Q REFERRALS TO BE RECEIVED BY: January 7 , 1981
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O REFERRALS RECEIVED
INS I
County Attorney (Plat only)
X9 � Ib'�1 County Health
X !JAN 1 3 ;w County Engineer _
Windsor Planning Commission
Kenneth Henschke
l�� 19 1 Windsor Town Hall
P. O. Box 627
Windsor CO 80550
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BY : C�J�n_T l
RECORDING OATA - MAPS & P1 AT'-'
NAME OF SUBDIVISION Recorded Exemption #0807-4-35-RE476
West Weld Ag Investors, Jasper Freese, James A. Gilbert,
NAME OF SUB DIVIDER James E. Christiansen, Gary G. Flack, Richard L. Kochis
Pt S?NE4 & Pt N1/2SE1/4 Sec. 35, T. 6 N. , R. 67 W. of the 6th P.M.
' CITATION OF SUBDIVISION
0ATF OF RF.CORDIN(;
21 1981 BOOK 925 RFC'CEPT I ON # 1847472
72
MARY ANN FEUERSTEIN
WILD COUNTY CLERK AND RECORDER
BY: (44/ X(.1 /.9.,y) _�_
DEPUTY COUNTY/ CLERK & RECORDER
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