HomeMy WebLinkAbout810501.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 483 - DAVID DROEGEMUELLER,
TRUSTEE OF THE DROEGEMUELLER 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 of Weld County, Colorado, at a public hearing held on
the 25th day of February, 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. 483, being the property of David Droegemueller,
trustee of the Droegemueller Trust, described as part of Section
10 , Township 5 North, Range 64 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 "subdivi-
sion" and "subdivided land, " pursuant to its authority under
Section 30-28-101 (10) (d) , CRS 1973 , as amended:
That portion of Section 10 , Township 5 North,
Range 64 West of the 6th Principal Meridian,
County of Weld, State of Colorado, more parti-
cularly described as follows:
Beginning at the South Quarter corner of said
Section; thence along the North-South center-
line of said Section, North 00°02 ' 00" West,
232 . 52 feet to the TRUE POINT OF BEGINNING,
said point being on the centerline of a County
Road; thence along said centerline South
87°32 ' 00" West, 1700 . 38 feet; thence leaving
said centerline North 03°19 ' 57" West, 216 . 53
feet; thence South 88°16 ' 42" West, 348 .46
feet to a point on the centerline of a County
Road; thence along said centerline the fol-
lowing two courses: North 44°50 ' 00" West,
578 . 88 feet; thence North 65°28 ' 00" West,
127 . 53 feet to the West line of the Southwest
Quarter of said Section; thence along said
West line North 00°17 ' 02" West, 1808 . 67 feet
to the West Quarter corner of said Section;
thence along the West line of the Northwest
Quarter of said Section North 00°14 ' 55" West
498. 58 feet to the centerline of the South
Fork of the Ogilvy Ditch; thence along said
centerline the following courses: South
49°10 ' 33" East, 173 .18 feet; thence South
45°53 '23" East, 183 . 82 feet; thence South
54°49 ' 13" East, 144 .74 feet; thence South
59°28 ' 12" East, 168 . 68 feet; thence South
81° 01
51°13 ' 37" East, 250 .24 feet; thence South
53°04 ' 31" East, 288 .50 feet; thence South
69°13 ' 28" East, 76 .20 feet; thence South
78°31 '25" East, 78 . 78 feet; thence South
83°37 ' 20" East, 316 .25 feet; thence South
86°04 ' 36" East, 119 . 34 feet; thence South
76°11 ' 18" East, 77 . 29 feet; thence South
79°06' 23" East, 225. 39 feet; thence South
69°51 ' 15" East, 201.70 feet; thence South
79°06 '16" East, 160 . 94 feet; thence North
84°04 ' 16" East, 98 . 23 feet; thence North
65°03 '59" East, 198 . 88 feet; thence North
57°47 '27" East, 162 . 86 feet to the North-
South centerline of said Section; thence
along said centerline South 00°02 ' 00 "
East, 2096 .82 feet more or less to the
TRUE POINT OF BEGINNING.
The above described parcel is subject to a
30 . 00 foot wide reservation for County Road
along the Southwesterly, Southerly and
Easterly sides thereof.
The above described parcel is subject to a
50. 00 foot wide reservation for right of
way and access for the South Fork of the
Ogilvy Ditch along the Northerly 50.00
feet thereof.
The above described parcel contains a gross
acreage of 126 . 98 acres, more or less .
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-lA(3) of the Weld County Subdi-
vision 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 David Droegemueller, trustee of the
Droegemueller Trust, be, and hereby is, exempt from the defini-
tion of the terms "subdivision" 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 25th day of
February, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
ATTEST: t 6liWw.• t a y WELD CO TY, COLORADO
Weld County Clerk and Recorder . A e)
a"nd erk to the Bra Ch ck Carlsor , Chairman
(Aye)
D uty my Clerk Norman Carlson, Pro-Tem
D AS TO FORM: / i t (A e)
C. W. Kirby
42
ounty Attorney (A e)
hn T. Mart
aty (Aye)
line K. Sten:mark
DATE PRESENTED: MARCH 2 , 1981
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Recorded Exemption No. 0963-10-3-RE483 113.1$, / ;{r
Date: oil
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Owner: David Droegemueller 1°3.62
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Recorded Exemption No. N 4S0 ZQ'oo"v/0963-10-3-RE 483137.L3 '
Date:
Owner: David Droegemueller(7._
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Recorded Exemption No. 0963-10'.. RE 483
December 3, 1980 / 1
Owner: David Droegemueller �,- I 0 g 1
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LEGAL DESCRIPTION ,,
That portion of Section 10, Township 5 North, Range 64 West of the 6th Principal Meridian,
County of Weld, State of Colorado, more particularly described as follows:
.. .... ..............
sfeginning at the South Quarter corner of said Section3 thence along the-North-South centerline
of said Section,; i4orth 00"02`00" West 232.52 feet to the:TRUE::POINT OF:BEGINNING, said point
being on the centerline of a County Road, thence along said centerline South S732'OO" West
1700.33 feet; thence leaving said centerline North 03°19'57" West 216.53 feet; thence South
33°16'42" Vest 348.46 feet to a point on the centerline of a County Road; thence along said
centerline the following two courses: North 44`50'00" West 578.88 feet;! thence North 65°28400'
West 127.53 feet to the West line of the-Southwest Quarter of said Section; thence along said
West line North 00°17'02" ;lest 1808.67 feet to the West Quarter corner of said Section; thence
along the West line of the Northwest Quarter of said Section North 00°14'55" West 498.53 feet
to the centerline of the South Fork of the Ogilvy Ditch; thence along,said centerline the
following courses: South 49'10'33" East 173.13 feet; thence South 45°53'23" East 133.32 feet;
thence South 54°49'13" East 144.74 feet; thence South 59°23'12" East 163.63 feet; thence_
South 51°13'37" East 225'1.24 feet; thence South 53°04'31"East 233.50 feet; thence South
69°13'23" East 76.23 feet; thence South 73°31'25" East 73.73 feet; thence South 33°37'20" East
316.25 feet; thence South 86°04'36" East 119.34 feet; thence South 76°11'18" East 77. 29 feet;
thence South 79°06'23" East 225.39 feet; thence South 69°51'15" East 201. 70 feet; thence South
79°06'16" East 160.94 feet; thence North 84°04'16" East 93.23 feet; thence North 65°03`59"
East 193.83 feet; thence North 57°47'27" East 162.86 feet to the North-South centerline of sai
Section, thence along said centerline South 00°02'00" East 2096.32 feet more or less to the
TRUE POINT OF BEGINNING.
The above described parcel is subject to a 30.00 foot wide reservation for County Road along
the Southwesterly, Southerly and Easterly sides thereof
The above described parcel is subject to a 50.00 foot wide reservation for right of way and
access for the .South Fork of the Ogilvy Ditch along the Northerly 50.00 feet thereof.
Tne above described parcel contains a gross acreage of 126.98 acres more or less.
SuRVETOR'S:..CERTIFICATE --
I hereby ceritfy that this plat was prepared under my supervision and that sa orrect
to the best of my knowledge and belief. 101. 114%
e 4zteGgi Elko- e.4,
se II
Edward L. Berber, Registergd nd0r, 5
Owners: c"sr9 `er%
4�:7'o a ,A..4.64`-',$-
- // �� `ice Fyive,Wosen $�
DFFt9 t U �Roegorr<�11Fe 1 P, �r 51-Pe e �Y2Geye ,ao11�'t? 1RuslC`fflF:[;�1 a
State of Colorado ?
) ss
County of Weld )
The foregoing instrument was acknowledged before me this ° ep day of
1931.
My Commission Expires: �%��{:L"Il k:ct 6 `� ,,,
Witness my hand and Seal - � yC�/t � a-C .1
Notary Publi
I
The accompanying plat is accepted and approved for filing. � _ ' r;
Y.
teseass
anofthecrorCountycommissicners Ott
ATTEST: County Clerk
7Y1 ,� � , iTh
3
Date v.O- /l6o
Oeouly County Clerk
6570-1-1
sheet 3 of 3
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
III1DFebruary 25, 1981
C.
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption #483
Dear Commissioners:
The attached application, plat and related items are in reference to a request
from David Droegemueller, Trustee for a recorded exemption. The parcel of
land on which this request has been made is described as part of Section 10,
T5N, R64W of the 6th P.M. , Weld County, Colorado. This property is located
1 mile north and 1 east of Kersey. The property contains approximately 127.44
acres of Class II, III and VII irrigated soils. The applicant wishes to sell
the larger parcel Lot A" and refinance the purchase of Lot B. The applicant
presently lives on and operates a business from Lot B. The applicant will
continue to live on and operate the business and farming operations on Lot B.
Based upon the information submitted and the adopted policies in the County,
the Department of Planning Services Staff recommends the requests be denied
for the following reasons:
1. The proposed requests do not comply with the Weld County
Comprehensive Plan in that it would promote nonagricultural
use of agricultural land and it would encourage urban en-
croachment on rural land use by allowing another residence
on the remaining 95.3 acre parcel.
2. These requests are not in conformance with the intent clause
of the Agricultural Zone District (Section 3.3. A. of the Weld
County Zoning Resolution) which states:
"intent - The intent in establishing the "A" Agricultural
Zone District is to allow all agricultural related uses
in those areas in which agriculture is and should con-
tinue to be the predominant land use. This district is
intended to discourage encroachment of incompatible uses
upon the agricultural land in a district, to encourage
agricultural uses as the highest and best use of the
land in the district as compared with other uses in con-
flict therewith, and to provide for the orderly expansion
of urban growth in conformance with the Weld County Com-
prehensive Plan."
Board of County Commissioners
February 25, 1981
Page 2
The requests would not be encouraging agricultural uses as the highest
and best uses, it would not be providing for the orderly expansion of
urban growth, and it would be promoting the division of agricultural
land into small, less economic parcel sizes.
3. These requests are not in compliance with the intent clause of the re-
corded exemption procedure (Section 9-2 of the Weld County Subdivision
Regulations) . Said clause states:
"The intent in establishing the recorded exemption procedure
is to provide, in accordance with the Weld County Comprehen-
sive Plan, a means whereby nonproductive agricultural lands
may be developed for higher and more productive uses insofar
as such uses are compatible with surrounding agricultural
uses in areas where such land divisions are proposed.
The 30 acre parcel contains productive agricultural land. The separation
of that farmland from the remaining 95.3 acre parcel allows a great potential
for future development of the 30 acre parcel by additional exemptions.
While the applicant has valid financial reasons for the requested parcel
size, it is the opinion of the Department of Planning Services Staff
that the application for a recorded exemption, in its present form, is not
acceptable regarding the Weld County Comprehensive Plan, intent clause of
the Agricultural Zone District or the intent clause of the recorded
exemption procedure. The Department of Planning Services Staff recommends
that the applicant consider other alternatives which would not remove or
present the possibility of removal of significant amounts of agricultural
land from future production. The staff recommends that the applicant
consider a smaller parcel size for Lot A.
Respectfully submitted,
Vickie Traxler
Assistant Zoning Administrator
VT:rg
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 400
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . Qt y %2 APPL . FEE $5.O O
ZONING DISTRICT /? RECORDING FEE 41, 0 0, 24V
DATE /-3/ - e/ RECEIPT NO . ///p / 7
APPL . CHECKED BY UT
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 LEGAL
ACREAGE : Lot "A" 95.31 ± ; Lot " B" 31.67 ± ; Total 126.98 -
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes X No
Are there any existing improvements on Lot A? Yes No X
Lot B? Yes X No
FEE OWNERS OF PROPERTY :
Name : David Droegemueller Trustee Address 27451 Weld County Phone :352-7086
Name : of the Droegemueller Trust. Address Rd. #388 Kersey, CO Phone or
Name: Address 80644 Phone 353-3917
WATER SOURCE FOR: Lot "A" North Weld County wa;eCotstR" North Weld County Water Dist.
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic
PROPOSED USE FOR : Lot "A" Agricultural ; Lot "B" Agricultural
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 .
David Droegemueller Trustee of the Droegemueller Trus.
COUNTY OF WELD )
STATE OF COLORADO ) 1.bc427 '{f"
Signature : wner or Authorized Agent
Subscribed and sworn to before me this 26th day of January , 19 81 .
SEAL
L `�JC2 , 'C c1 L
Notary Publif
My Commission expires :
LEGAL DESCRIPTION
That portion of Section 10, Township 5 North, Range 64 West of the 6th Principal Meridian,
County of Weld, State of Colorado, more particularly described as follows:
Beginning at the South Quarter corner of said Section; thence along the North-South centerline
of said Section, North 00°02'00" West 232.52 feet to the TRUE POINT OF BEGINNING, said point
being on the centerline of a County Road; thence along said centerline South 37°32'00" West
1700.33 feet; thence leaving said centerline North 03°19'57" West 216.53 feet; thence South
33°16'42" West 343.46 feet to a point on the centerline of a County Road; thence along said
centerline the following two courses: North 44°50'00" West 573.33 feet; thence North 65°28'00"
West 127.53 feet to the West line of the Southwest Quarter of said Section; thence along said
West line North 00°17'02" West 1803.67 feet to the West Quarter corner of said Section; thence
along the West line of the Northwest Quarter of said Section North 00°14'55" West 498.53 feet
to the centerline of the South Fork of the Ogilvy Ditch; thence along said centerline the
following courses: South 49°10'33" East 173.13 feet; thence South 45°53'23" East 133.82 feet;
thence South 54°49'13" East 144.74 feet; thence South 59°28'12" East 163.63 feet; thence_
South 51°13'37" East 250.24 feet; thence South 53°04'31" East 283.50 feet; thence South
69°13'23" East 76.20 feet; thence South 73°31'25" East 73.73 feet; thence South 83°37'20" East
316.25 feet; thence South 86°04'36" East 119.34 feet; thence South 76°11'13" East 77.29 feet;
thence South 79°06'23" East 225.39 feet; thence South 69°51'15" East 201.70 feet; thence South
79°06'16" East 160.94 feet; thence North 84°04'16" East 93.23 feet; thence North 65°03'59"
East 193.33 feet; thence North 57°47'27" East 162.86 feet to the North-South centerline of said
Section; thence along said centerline South 00°02'00" East 2096.32 feet more or less tothe
TRUE POINT OF BEGINNING.
The above described parcel is subject to a 30.00 foot wide reservation for County Road along
the Southwesterly, Southerly and Easterly sides thereof.
The above described parcel is subject to a 50.00 foot wide reservation for right of way and
access for the South Fork of the Ogilvy Ditch along the Northerly 50.00 feet thereof.
The above described parcel contains a gross acreabe of 126.98 acres more or less.
January 26, 1981
Weld County Commissioners
Department of Planning Services
915 10th St.
Greeley, CO 80631
RE: Proposed Droegemueller Recorded Exemption
Dear Sirs:
This letter is an attempt to explain the request and reasons for the
Recorded Exemption mentioned above.
At this point in time I have incurred certian financial obligations
and difficulties through operation loses in my business and farm. I
am in the process of obtaining a partial release on Lot "B" of the
attached survey. The lender or mortgage holder have given their
approval for the partial release. With this accomplished it allows me
to obtain long term financing on Lot "B" through the Federal Land
Bank Association on the Lot "B" however, they have stipulated in their
loan commitment that prior to closing the loan it will be necessary
for me to obtain the herein requested Recorded Exemption. With this
accomplished I can clear up my financial obligations and continue on
with my plans in the operation of my business and farm.
We intend to continue to live on Lot "B" leasing the farm ground to
a neighbor or a tenant operator as part of this operation with Lot "A"
as shown in the attached survey. It is my intention in the future
to sell Lot "A" and continue to lease Lot "B" to a tenant farmer. I
want and need to sell Lot "&" as I feel the financial obligation of
operations, debt retirement, water, taxes etc. . . will only put me
in a future financial obligation in case of a income failure from the
property due to adverse weather conditions or a decline in prices of
produce sold.
If you have any questions or need further clarifications, please do
not hesitate to contact me.
Sincerely,
jez,,LO
David Droegemueller
Trustee of the Droegemueller Trust
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LEGAL DESCRIF ION pt- )0- 5 - L)4
CASE NO. RE_ 483
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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REFERRAL L1 S-2
En
AP CANT David Droegemueller (Trustee)
O
CASE # RE-483
REFERRALS SENT OUT ON: February 5, 1981
REFERRALS TO BE RECEIVED BY: February 18, 1981
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c REFERRALS RECEIVED
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- \ i $ County Attorney ,,;u
�42_, o a- 23-81 County Health
County Engineer .
i
Lanell J. Swanson (353-1681)
X - Town of Kersey, P.C.
a \ 1 a \ P.O. Box 67
Kersey, Colorado 80644 - 2nd Wednesday
•
5
FIELD CHECK
FILING NUMBER: Q b.. y$3 DATE OF INSPECTION: a- 2.1) - 13t
NAME: Q0y“a Ofneer Cn� 0 \ v,c 1-Y'usAo4-
REQUEST: raLchstrLo ?„,xpyvpk(ot-•
LEGAL DESCRIPTION: �� Sof 1o . 'f5M 2b4W
LAND USE: i1 •
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ZONING: N \ cgrd
LOCATION: \ rr I. Ravi (Inca E
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COMMENTS:
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BY: U t Ckl a `Cyb)(N.Dsr-
804-79-011
RECORDING DATA - MAPS & PLUS ,
NAME OF SUBDIVISION Recorded Exemption # 0963-10-3-RE 483 _^ -.--
Droegemueller Trust/Tre __�_._ .. .__�___.
NAME OF SUBDIVIDER —_ - —_
Pt Section 10, Township 5 North, Range 64 West of the 6th
I OrATION OE SUBDIVISION Principal Meridalt County of Weld, State of
MAR 12 19811852137
DATE OF RECORDINf, �____
BOOK 930 RECEPTION #
MARY ANN FEUERSTEIN
WILD COUNTY CLERK AND RECORDER
BY: , 1tQo„
_11,n
DEPUTY COUNTY CLERK & RECORDER
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