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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 Zs.A. / 1t 4k ' Af r t, /VO0• /s' e2" .,./ 1800, b-I I NOo^19'55"w 244s;So' 1. Yf8.5B' V 2 549 m• 's3"6 Recorded Exemption No. 0963-10-3-RE483 113.1$, / ;{r Date: oil s4c•a2'23' E. Owner: David Droegemueller 1°3.62 / S 59 Yz ' tz"E ./ 168e.b0' S 5i• 13137"E / L o T A 2=0.44' / o n 9s.-i', AL+ / Y S53•o4'31"E / Z88.Se' / b ni / S tag•Ps'zs"E. -/10.20• IP fl 5 -18. 3i. 25" E / _ -16.'"0 1 N I.. SCALC C. nzOO' I S 93.37'20"E A 31b.2s' _. I O 200' Yoo' N R VICINITY MA P S s.• e4 54."C 0 it _ 20001 , I19 . 34' w ff A ' ,Cie , •' .. 4623 I 14.527 r c V r 1 _ - l S-l9•Oti 23"E / Z' \ `, g w. 22 S.99' A r` 'I o O\1 C. S7.t.7' F 461/ /:,_a...___ .%;:..� • °e.• ♦• No 1• 21' SZ .vJ 20a b.50 51,9. 0.•./a••E.. . f• �•., / 201,'10' 191=3• l • \r / s•. *. S 79•ow'1t."E / (s..no°.99' x ,;10• .. ' c_. ._,. / 2w - +6a9 �7- a PORK 31.67 Act . LOT A to PP89• or IL"E • \ t ♦:.; 9B•z3' • �56� 0• J ... 4 1 n • . Iati -- N I.5• 03' 59'E /48.88' \ NOO ".-4.- • — /u.2.80' \ � / ', - itch InnsMa � \ 0 3o ceuvTy ROAD t o.'a- \ 319 04 ' ct.+-raf. %.t cos, Fi 209... Si- e / sect. 10 5w. Coq, 246-7,3e0'Ile 5�-r .e Woo^ ro' o2"W /808.4-7 ' L "`I• "wC Sw ss r.lo Recorded Exemption No. N 4S0 ZQ'oo"v/0963-10-3-RE 483137.L3 ' Date: Owner: David Droegemueller(7._ 7•rT4,0SCacE- 1'•� m c IP DI .a r IT in At OA*19 is,"W _. 2w:53 ' A r _ 95.31 _.._.1oc� . . _ _ _._. 4 C. 1 w \ N m � w c, N. 0 0 0 Z _ I4 0 i. _. ._N..Cia 2,>. 512*.v., _.. : 2024 36 _.. ..._.. 0 o ir, _. V Ii 3t.47 , Ac+ ... I" I 0 s' 1 I N-S L secr. 1O M I / 30 ' COVN-rY R0 ADR.O.w ".. ' 23¢.52 l >` S oo• OZ ' 00" E 209. 02 ' tl � -u . .1 , .Y a .....:,N n .., Recorded Exemption No. 0963-10'.. RE 483 December 3, 1980 / 1 Owner: David Droegemueller �,- I 0 g 1 t 'lI 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 DD/jm o It w'.i. ' lx L / • C. �o, '.650 h 0,- a� 1 .. c sb f1/4 , i. ' n . .. �f 4ei 'i� ,ft* 5 ' ' y Ip • o y i % t *6 . .t �° -.su T`� ♦M8 I . M'v ,, ., ', & Qi I` nd. !tt IE? kb ^`'�`�.i � 14� \ r 4 it / ti x Ir i ti, II %._ C � 1 it+ 4 3 • f il Jam .` . `��� a 1 .. i.ttt3! firs I - pyyI • P*W `\ I" 1... t ..' ttt 141/4, ��p/.' u 01(? t Ag „ tb. 4 4 : ` .,P P ' f 4 i ssyy��, . 1 b 1t^'1. R $Y il N, � 4 =s , m N Q a 1 `o ,, ' ter\ ., z„, ,,., ,,,s,3 ,,.., sj N.,. I-a_ \Za,, x ' iF .- .. . :- `� r ya Y U., --.a n a� 22 tea` sr LEGAL DESCRIF ION pt- )0- 5 - L)4 CASE NO. RE_ 483 ^"e 20 32 f00 • cHfN/ 31 26 42 22 68 32 1� 51 SOOT IS �6'. K M FOp 2b S1 2 51 2 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED (9 fie, WA E o 7Le 06- ( V2ls V11� Tie 5l t 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 C [-U7 Ea 111 I U O H I Ct+ H 4�7 c REFERRALS RECEIVED ` 2 IVt.! Q - \ 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 • E Lt S W 117 t' ZONING: N \ cgrd LOCATION: \ rr I. Ravi (Inca E Yrt\P_ y\Oc 4- aVairtaLAS w !, COMMENTS: LEA A is �rcc3cjFed a5rco\ern+ gird Ccoc") tonv.razi rye, - CI f\n t - p. COY l t a Ckle\n. B rr e%S is exi s V:+.5 Qrc v.•• Co.. ,Pi " CA Pet rce\ Conr Cs, 'tn,.pcbvernQ1nfia Via- L r r i 50-1/24)-A a-O Si Cu- e .\ \s w A ( eons'). PvcceN% rn Pnc&t. 9-) is pci"v,n„x- \.s cro rr. C,ol.r Rood 554. ToVti-it e VR.cygusks ax't:_a \ousts\ el q. , M a(Ski no.. S\ms 0.4\6 essmstasmksce1 \as% A-cu4ta nsM\, el)ulivme4. 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 Hello