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Home My WebLink About841009.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 669 - DUANE AND CYNTHIA MAGNUSON 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. 669 , having been requested by Duane and Cynthia Magnuson, described as part of the SE'SWa, Section 11 , Township 3 North, Range 66 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 "sub- divided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, this request is to divide the property into parcels of 5 acres and 5 acres, more or less , to allow the applicants to sell one of the parcels of land. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove de- scribed parcel of land be, and hereby is, exempt from the de- finition 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 Commissioners. LD: ZON RE #669 841009 Page 2 RE: RE #669 - MAGNUSON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of March, A.D. , 1984 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO �� Weld County tlerk and Recorder and Clerk to the Board Norman Carlson, Chairman ( tut; Co unty lerk J .cq line '.h son, Pro-Tem APPROVED AS TO FORM: t IC Rata. ene R. Brantner EXCUSED DATE OF SIGNING - AYE County Attorney Chuck Carlson c2 r7.27„At4 n T. Martin 031284 841009 a 61) DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000 EXT.400 915 10th STREET GREELEY,COLORADO 80631 Wile. COLORADO }TN March 7, 1984 5 0151 Board of County Commissioners J Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #669 Dear Commissioners: The attached application, plat and related items are in reference to a request from Duane & Cynthia Magnuson for a recorded exemption. The parcel of land on which this request is being made is described as part of the SE'SW34, Section 11, T3N, R66W of the 6th P.M. , Weld County, Colorado. The property is located Approximately 3 3/4 miles east of Platteville on Weld County Road 34. The property contains approximately 10 acres of Class VIe nonirrigated soils. The request is to divide the property into parcels of 5 acres and 5 acres, more or less. The Magnusons would like to sell five acres north of their home to an interested buyer. 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 10 acres, more or less, under consideration will allow uses which are consistent with the intent clause of the Agricultural Zone District. The uses will be compatible with existing surrounding uses. 8/11.009 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. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - The Colorado Division of Water Resources has indicated adequate water service is available for this proposal. - 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 34. 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, Michael S. Mullen, Current Planner 841009 FIELD CHECK FILING NUMBER: > 64 DATE OF INSPECTION: February 10, 1984 NAME: Duane L. and Cynthia K. Magnuson REQUEST: Recorded Exemption on ten (10) acres LEGAL DESCRIPTION: r 11, T31j, R66W of the 6th P.M. , Weld County LAND USE: N rrnplarid, tank hArtery to. the northwest_ E One residency with junk_carc, pj rtj,re and cropland S Weld GountyBoad. 34, croplarld, two residences W _Easture with £&low .land. Weld County Road 33, two residences /0NING: N Agricultural LOCATION: Apprnvj„yatply 3 75 Tyilps Parr of E_gricultural Platteville; north_of We1.d County Road 34 S Agricultural find east of Weld County Road 3,3 W Agricultural COMMENTS: The subjecx site is a ten (10) acre parcel of land with a mature stand of thirty (30) a new geodesic i.e. , dome) home and jhrpe (1 small shede Access t" he cite is from Weld County Road 341, a dirt road. Tha property is located betwee rollth t„ugraphy. The proposed lots "A" and "B" would P.arh rcinsist of five (5) arxec. BY: 4C-acteiftil Michael S. Mullen, Current Planner MSM:rjg g 1m6v 15000m ry.�� 1 A i 4 .a •—. ,.-. /— ` -- ‘\ i % H \ _i .1 --' ._) ��49 99 8+� A >� \ �� s nl �{FJO6 ' � /l l V ��/Q \1 i %-.:/c)0 / 4940 445,4 v i � 0 534 �� 3Q/ Wi ill b _ )� I \ 5089 ,A • } - VVA pp 4981 .. 4958 5045 �A l r.cAI� V � � y '�A �, 'i 1� �� X4.73 �� 13 5o[sx 18 (� I e x.Coal Mln� �Po.}� ��i �A / - m uv 1 �� '0`_- 00 - s� � - nd �/ � ,� / / • � i 1 - 0, oi^ ... - Soya �\\\ o i 49sa. 9 _ 4916 .920 i �r- A o Iii 1 I - I A o �0', m1 N22' - , 3 .� _ / u — / 19 41494 A \ " 2 cam, 2'30- 0 ice, / -) �g i _ �� t b _ \ ._, • , : 1 N . f ,,, , , , 41 % 5°314 O 60 ez / 504so 7 l v l a 1 9 s CJ fi -" '� J h ) 00 O Y ' ,2� i25 - -L ) �d 452➢ /4r V' ,� X4980__- , (� 7 50p0 rte. II)- 1 V ( \v a^49 )h r 0 9 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 100, "14) CASE NO . tE (0Col RECORDING FEE C.," ZONING DISTRICT hi RECEIPT NO. 13243 DATE APPL . CHECKED BY 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 : T.��1_ 16 '6- ';`�FIO .:; ' O.� E35A S-',4 �v4 II 3 5 BL6 . '"- y 39D53 ir 739.65 From S4C0.�� OF `:�` C :ova.9 ,T � 1311 .97 99-)OG i '';31 .05 .)1:..)39 i 13'77.33 i1r39')53 3 .36 To B-..* . '511 FEB 9 1984 TOTAL ACREAGE : A-2P ?X. 10 Weld Co. Planning Commission Has this property been divided from or had divided fr941 . , _;any other property since August 30, 1972? Yes No .� .Y FEE OWNERS OF PROPERTY : Name: DIJ . : L. p-Id CTHUTA K. _.:iAGN J.�3 QI.r Address : 16327 Rd. 34 Phone : 785-6073 Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel Dori2stie '7el mailer ParcelDomectie ,Vel_1 TYPE OF SEWER: Larger Parcel Septic Smaller Parcel eptic PROPOSED USE : Larger Parcel Rural Smaller Parcel Rural Residential Residenti.".1 ACREAGE : Larger Parcel 5 Smaller Parcel 5 EXISTING DWELLINGS : ( Yes or No ) IT'S (Yes or No) iI0 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 . /C. �+Qn�-' COUNTY OF WELD ) STATE OF COLORADO ) Signature : Owner or thorized Agent Subscribed and sworn to before me this Ci t'` day of . i.13c�a - �S`-{ , 19 ( SEAL ) Notary Public .--._- v . ;Z. i9r7 My Commission expires : 841009 Duane L. Magnuson 15327 :Rd . 34 Plat ':eville, Colo. 785-6073 APPLICATION FOR Re3CORDrD 47, MP;ION Dear Sirs: The purpose of this packet. is to provide an outline of determinations for the Begird of County Commissioners set forth by Duane L . Magnuson and Cynthia Magnuson. The following is a getters}, statement regarding the list of determinations in order as they appear in the Procedural Guide, Section II, (A) 1k this division con sistent with the intent of the district n which it is losetea. ? This parcel of lend is located !=bout 3 miles east of Platte- ville.. A treiler house was on said land as a residence until it burned in 1981. My husband and I replaced the trailer with P. new home with the insurance money we received. The 10 acres has been used as a residence for more than 15 years . Also, the purposed new 5 acre site will be residential. (B) firs_ the uses which would be pereSttet connpet•ile__ssi:t^_.. essLesstssisse '.,':wund ing lend sus. ? Yee, we have used the land to build a home. The 1^xtd r no., e. residence with s smell domestic well used for femily end er iee!.le. The _surposed land will he residential. To the west of us, is le:eI e,:ed as a buffer zone for a turkey farm. To the north, dry land •:'.:"alfa, o:gned by William Penton, his home is also to the east of us . To the south, irrigated 'orn end two residential homes,. within this immediate local, 5 homes e._ist. (C) Are the uses compatible with the future develop eneent as rro ected by the Co reh_en.aive Ussresest. the. .Sse .tsseos_ rio ted :ester elms of affected mu_icipali iek 3 Yes, the new lot will be used as a reeid.ential site cue to the laeh of irrigated water. Surrounding land is blow-dirt, making sericulture without major water resources difficult. For practical reasons , the original 10 acres is only a rural residence; as will be the net; site, which C_oee 7roil ex1Stiii, lsed use. 841009 • (2) (D) La + e land located within anv Overlay DistrictLArea identifi ec y Weld 9aunty ? 'o, thi.e section does not apply to this parcel, c.-2s it is it located in an Overlay District. (E) Will tJie. jprpogia divifflimt, create be larger than 1 _aco ? Yes, the land division will be approximately 5 acres. (F) T.g the Durposed land division.n msti.la?ce..with Weld. guilty Coprnrehensive Plea ? Yes'• (G) Wi . the gurpue(, cl,i.vigi.QA be illcpnsistent with :efficient and orderly develojement ? No. (E) Is tL0 purposed division accessible to a puiblic road ? Yes, an access-way has been set-up for 30 feet along the west side of said property, where a petroleum service road runs along the fence bordering the west side of property, making the access to purposed land natural and orderly, not interfering with already established residence or neighbors. The new property will have access to Acid County _Rpa& 34. (I) ' i11 the lots Yep adequate water s11pp Ly ? Yes, from our exTerience and the neighbors who live here, there is an adequate water supply. The Colorado Division of Water was contacted on l/7/1984. A professional referal to $ath Kep .er was discussed at this time. Futher information will be handled at the time of examination'. The referal number is 866-3587. (J) Duos tile nursed lag& YlAve jap, eac_010 to jae ns 91 somge ,sposal ? Yes, the Department of Human Resources was recently contacted 04111199 (3) concerning an expanded septic system for our new' home, located here. At this time, expansion was granted because this area has one of the highest permeability rates in the County. This fact will enable future septic systems easy construction. (K) H v the _purIwoeed .1a pd been divided in he ;as 5 years ? No, this land has not been divided in the past 5 years as shown by the Title Search, and is not a subdivision. (L) Is the ua _evading the reo irements far Subdiv oiv Regal ti.onn ? No, this section does riot apply to this application. OM) Is there adequate provision for the protection of the heAlth, sQXe . w_elf_are of the, i habi:t&nts of t1. neizYiborhoo&- Yes, homes, in this area have a school route which runs along 'Veld Coi tyi Ro .d 34, streets are plowed by the County, electricity, postal service and telephone utilities are available on land already. In conclusion, it is our intent to submit this purposal for your consideration for the following reasons: (1) to divide, a residential 10 acre site, now used as our residence into tws, acrt site, (2) to ALIA purposed land (which buyers nave ,shown interest) and obtain tads to complete our home, now located on the 10 acres, (3) to maintaiA harmony with the County, nei:-,hbors and Community'. We cordially submit this kcorded Exemnt'o for your consideration. Respectfully, Duane L. Maws on u �y� fG,L c. ti 2 Cynthia K. Magnuson CKM Rtce -deb Fxem frkvw No . The S E'M eP+tst Sul ifs 7 SEC. IJ ) T. 3A/.1 Rb.w 6" P.M. ) Wald (oon*") Cal ewndc . P as tai,den+ C NT MOP Ae • • e1=el=Atlb sMep dry /I/ x R 6" Lot B/ S'acre3T 1 ACREAc� E : �d1O r Le ine\ / ) x X P r Ma O= licivtr eef4awwa. 7 dr a gild 0 sib qt 0 oC ' x % - �- d-- / 04-ia": C.) a Ex:s+tny Let • Lot A x A r 5 ac.eesRaet� e &MD° ' et OW -rnnvr r ietoic..e. DithetakY road. e is a. A' Y RD 34 LEGAL DESCRIPTION ' cTh �e� \�'� �t�� CASE NO, r-- -E -(o(Cck c- (12(04 v gz , 9\ r Y T' Sc'f, 6 73 - . a47 xf'•0 70 4#4 SOIL CLASSIFICATION SOIL NO, IRRIGATED NON-IRRIGATED PRIME Coles 81A009 REFERRAL LIST APPLICANT: Duane L. and Cynthia K. Magnuson CASE NUMBER: RE-669 SENT REFERRALS OUT: February 14, 1984 REFERRALS TO BE RECEIVED BY February 29. 1984 U U, z z a' [n o HC z z H w OR H 6q z U U W7. O U OR O '4 W 0mf�7 �i w £ vwi O U O Z 0 U O a z o z Z Di Ca Z County Attorney (plat only) Weld County Health Department Engineering Department I---- County Extension Agent Colorado Geological Survey _ 1313 Sherman Street Room 703 Denver, Colorado 80203 D 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 8/1:11009 -EcoRDF: rye:- no:: NO. 12 . 11-3- RE • 669 (S89°06'55"W 33105'DEED) - S88°50'34"W 330.94' W kl in O LOT A p � N. 5.02AC - Qifp h CO Z6 t° rrl N88°50'34 "E In N. Nh 3333/' ai 0 iZi n .. w V' f ill -F ' 1 LOT B A 7 In- 5.02 AC '- 1,6 L.) in 3 h h' SCALE: In= 200' to (334.86 DEEIY7739. 3O'RES. FOR COUNTY ROAD 34 SW COR./58/,/B' 33578' ( 65'DEED) SE COR. SECT// o Z u . ` X738.92' Z o 26+6.48 ° SECT- // S 89 °53'00"W 2655. 89' 589°38'47"W U ., ri _�� I VICINITY MAP ,3 0 2 2 .111 / 499 JJ, J rj\'‘,.._ v:\., jr\_,, xi- i \S o 10��• �� J..3i� ��^We�� 1 %J \1 ----1-1.----,:)\-)\5 0 Y(/ ______L\\—A-_.- '4149,3 \ _, - _ - - C9,-,; ‘,7;t--77---- -' 4L /'�2000' l • �� .7wy� ( r ?° Ef\ \ \N of J Sheet 1 of 2 6343-1-1 kr:CORDED EXEITPICN NO. 1211 iI-3-RE•669 Duane L, Magnuson C',nthia K. Magnuson /� LEGAL PESCPJ.?TION / // �� //e/yf< That portion of the Southwest Quarter of Section 11, Township 3 North, Range 66 West of the Eth P.1I. , County of Weld, State of Colorado, described under Reception Number 1816752 n.o_e particularly described as follows : Le_ini-.ing at the South Quarter corner of said Section; thence along the South line of the South^est Quarto_ of said Section Touth 89°53'00" West 738.92 feet (739.65 feet Deed) to the TRUE POINT OF BEGINNING; thence North 1°57'41" ;lest 1315. 72 feet (North 1°49 '15" West 1311.81 feet Deed) ; thence South 88°50'34" West 330.94 feet (South 89°06'55" West 331.05 feet Deed) ; thence South 1°45'20" East 1309.57 feet (South 1°06'55" West 1307.33 feet Deed) to the South line of said Southwest Quarter; thence along said South line North 89°53'00" East 335.78 feet 334.86 feet Deed) more or less to the TRUE POINT OF BEGINNIG. The above described parcel is subject to a 30.00 foot wide reservation for county road along the Southerly side thereof. The above described parcel contains a gross acreage of 10.04 acres more or less. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision and ` �F 's �'rs correct to the best of my knowledge and belief. `�`��P�G1STEgFO 4' ' � [1 !/ •• 10355 •.. EDUARD L. BERLIER, REGISTERED LAND SURVEYOR 10855 - • • O 4 O We, Duane L. Magnuson and Cynthia K. Magnuson, being the sole owners in fee BT�1 fe above described property do hereby subdivide the same as shown hoJon the attached map. �/-Zi<"'SKC . -9/./i{ f2ct�-�-1rYl li2;:THIA Leat /� / /LL 4,-?L,Y) DUANE L. iL'_GNUSON (/ K. MAGNUS The foregoing certification was acknowledged before me this 6th day of April , 1984. My commission expires : June 10, 1986. Notary Public � Witness My Hand and Seal The accompanying plat is accepted and approved for filing. CHAIRMAN OF THE BOARD OF C v COTfl SIO S. A t , ATTEST: County Clerk -z, J. Dated Le / 8 — I/SL �1 - O 841009 Sheet 2 of 2 File No. 68431-1 Hello