HomeMy WebLinkAbout800634.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 467 - FRANK MAGNUSON,
ET AL.
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 24th day of December, 1980 in the Chambers of the Board
of County Commissioners of Weld County, Colorado, that the divi-
sion into two parcels of land, as shown on the plat known as
Recorded Exemption No. 467, being the property of Frank Magnuson,
et al. , described as the East Half of the Southwest Quarter of
Section 27 , Township 7 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as
follows :
The East One-Half of the Southwest Quarter
of Section Twenty-seven, Township Seven
North, Range Sixty-six West of the 6th
P.M. , Weld County, Colorado
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, and
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 Frank Magnuson, et al. , be, and hereby
is, exempt from the definition of the terms "subdivision" and
"subdivided land" pursuant to its authority under Section
800634
30-28-101 (10) (d) , CRS 1973, as amended, provided the applicants
amend the Recorded Exemption plat to show a 20-foot maintenance
easement along both sides of the Eaton Ditch (from the water line)
and also provided that a notation being placed on the plat that
states that the owner recognizes the seepage problem from the
ditch.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 24th day of
December, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: QQ ; gni WELD COUNTY, COLORADO
Weld County Clerk and Recorder i' f+/t17 (Aye)
and Clerk to the Boar C. W. Kirby, hairman
BY: ( -vt m,(Cg-UI ; C,(=V-'� _ (ABSENT)
eputy CountN Clerk L onard L. Roe, Pro-Tem
AP60V D AS TO FOLLLLLLRM: ' /� �
7e1_ (Aye)
;;L:
(111-21 Norman Carlson
County Attorney s��� ,okerzitte„.(Aye)
Ly Dunbar
ABSENT DATE SIGNED (Aye)
June K. Steinmark
8C0634
DATE PRESENTED: DECEMBER 29 , 1980
MINER AND -NiNCN
V utsunn Et) E[t, St RECORDED EXEMPT .�.
Sued NO. 0707-27-3-RE 467
awn 41•1116.011
aa[[l q COIOOROO aapl
REVISION ..r
4�,' DATE •:
�1] BY OCD
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O /. Eaton Ditch Co.to hove a maintenance
easement and/or right-of-way extendinga?'from the right and Mft banks at the
existing ditch.
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Caws • e vs ` SECTION IT,V.1N.,NMt.,S►N P.M.
Ow 7Dy wt.* COUNTY, COLORADO
Roe Na./dterie
NOTICE: According to Colorado lairyeti must ottmenee sty legal action baeed upon 8C0634
lr,yn defect in this survey ai thin six years of tar you first discover such defect. (}�
event, nay any action based soon any infect in this survey be consented
a2:ra than ten years Iron the data of the certification nom hereon.
a-- SHEET 1 OF 2
Dwg No.1980-766 8 18029
MINER •NO MIK`R
CessnrlIC EECiIttI.Mane I
RECORDED EXEMPTIOI NO.
.,...A s 0707-27-3-RE 467
tOCELEv, COLORADO NOtl'
LEGAL DESCRIPTION ,, ,n.-
r
. '♦� eve.u&m.},u, unity:;.» .rwr .�, ,. � '.--' _,� '- .
The_ East One—half (g) of the Southwest Quarter �
(SW}) of Section Twenty-smack(27 .Township Seven (7) North, Range Sixty-six
(66) West of the 6th P.M.; Meld County, Colorado,- 4� = Itict
Apr
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We, Frank A. Magnuson and Inez M. Simpson, Trustees, being the sole owners in fee
of the above described prepertylojhereby divide the same 'as shown on the attached
' f ii��
Frank 'A. Magnuso Trustee ! M. Simpso Trustee
The foregoing certification was acknowledged before me this I?. day of
/V0 Lie m A e r , A.D. 1980.
My commission expires: 10/3 // 3
fNotary P is
itness Hand and Seal
I hereby certify that this plat was prepared under my supervision; and that the
same is correct to the best of my knowledge and belief.
Robin D. Weathers,.,RLS 14647
Date: 0afe4er 34 /99O r
o :,o•
The acco�ypan� ng t is accepted and approved for filing. yet , 14641 p.Ni
oQnCCcCO4C>' *
Chairman of the Board of County Commissioners • • o� �
Attest: County Clerk and Recorder
L' " Deputy County Clerk
- 53C52249).
Dated /ea —Al— /92O
C-19
1 ,
SHEET 2 OF 2
Dwg. No. 1980-766 B 18029
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WOG
December 24, 1980
COLORADO
Board of County Commissioners
Weld County, Colorado
915 IOth Street
Greeley, Colorado 80631
Re: Recorded Exemption #467
Dear Commissioners:
The attached application, plat, and related items are in reference to a
request from Frank Magnuson, et al for a recorded exemption. The parcel
of land on which this request has been made is described as the El SW.=
Section 27, T7N, R66W of the 6th P.M. , Weld County, Colorado. This property
contains approximately 80 acres of Class 11 , 111 and 1V irrigated soils.
The request is to split the property into parcels of 54 acres and 25.978
acres.
The applicant desires to sell his granson, Mr. Norman D. Simpson, the
25.978 acre parcel which has an existing house located on it. Mr. Simpson
has submitted a letter dated November 17, 1980 setting forth the reasons
why the exemption is being requested.
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:
I . The proposed split conforms with the intent clause of the recorded
exemption procedure (Section 9-2 of the Weld County Subdivision
Regulations) , the intent clause of the Agricultural Zone District
(Section 3.3. A. of the Weld County Zoning Resolution, and the Weld
County Comprehensive Plan in that the uses will be compatible with
surrounding agricultural uses. The request will allow agriculture
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 at the present time.
2. The Town of Eaton has set forth no objections to this request.
3. The request complies with the provisions of Section 9-4 A.of the
Weld County Subdivision Regulations. On September 25, 1980 the
Weld County Board of Adjustment granted a 60 foot variance from
the 180 foot minimum lot width requirement.
800634
Board of County Commissioners
December 24, 1980
Page 2
The Department of Planning Services staff recommendation for approval is
conditional upon the recorded exemption plat being amended to show a 20
foot maintenance easement along both sides of the Eaton Ditch. In ad-
dition, a notation shall be placed on the plat that states that the owner
recognizes the seepage problem from the ditch. These items were requested
by the Larimer and Weld Irrigation Company in a letter dated December 10,
1980.
The Department of Planning Services staff has concerns regarding the recom-
mendation for approval in that the approval of the recorded exemption pro-
vides for the potential for a second residence on the 54 acre parcel . The
issue of two residences on 80 acres should be considered because of the
greater demand which is placed on services which residential uses require.
The staff recommends that the Board consider this issue to its satisfaction
before approving this request.
Respectfully,
CLaCANISLMilltie•
Chuck Cunliffe
Assistant Zoning Administrator
CC: rg
800634
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 . 'E APPL . FEE `Y 1 p
ZONING DISTRICT rAA RECORDING FEES 4430
DATE Noy 26 so RECEIPT N O . t%5%4 ',y =y5
APPL . CHECKED BY (los,
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 :
E �Z Std. 1/4 is e t, o h a 7 T 7 , 6‘ 14)
(V eke (ttod/y Qu l o rcct 0.
ACREAGE: ' Lot "A" 5 '-/ GCres ; Lot "B" ,25: 6171l ; Total 7G. G7?
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No
Are there any existing improvements on Lot A? Yes No ‘/
Lot B? Yes ✓ No
FEE OWNERS OF PROPERTY :
Name : Frani( /2 ThlAnasor Address 42T F_a/o 2, ,,,(,/, Phone Vs-,/ - ,2.3&OName : 3,,,z m_ morja,. CS,ry,o,on) Address 807 F. Orn/uu, 4,6Phone
Name : Address , 6kc,nsf03(o . Phone a3 - S `71
WATER SOURCE FOR: Lot "A" /l/orli, Weld ; Lot "B" /Uorfk LiJelcc
TYPE OF SEWER FOR: Lot "A" Sep/1e, ; Lot " B" Sept/ e--
PROPOSED USE FOR : Lot "A" Frrn 5roa,,,e/ ; Lot "B"
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
STATE OF COLORADO ) inn2,2„
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this 2444 day of Nove,,, Ze , 19 ?ca.
SEAL
vary PulYlic
/0 -3 — F3
My Commission expires :
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800634
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800634
rLL‘
B ARDEO EST -ricers
i FeDIRECT0 Y • NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKI REDS E' HIGHWAY 85 LUCERNE. COLORADO 80848
GARY SIMPSON
TOM REED . r ,y LYLE NELSON, MGR.
P.O. BOX 56 • PHONE 306.3010
•
August 20, 1980
RE: Water Service , Frank A. Magnuson
Dear Sirs ,
This letter is in response to your inquiry regarding water
service to the following described property :
Sec . 27-7-66
•
1 . X Water service is presently being provided to the
above described property .
2. X Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter , this
letter ,shall become null and void.
Additional comments :
Sincerely,
NORTH WELD COUNTY WATER DISTRICT
•
e7�uTt/
L e D. Nelson, Manager
LDN/rMc
860634 1,
LEGAL DESCRI► :IONE`Vu4 27 t- &&
CASE NO. RE 4&Y
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SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
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REFERRAL LIST
O APPLI CANT Frank Magnuson, et al.
CASE #i RE 467
'REFERRALS SENT OUT ON: 11/26/80
co O REFERRALS TO BE RECEIVED BY: 12/12/80
E C VIEC
L7
U U 0
o u z
o p, REFERRALS RECEIVED
X DEC 4 1980 County Attorney
>4- DEC 10 1980 County Health
'r
DEC 3 1980 County Engineer .
I Lariner and Weld Reservoir Co.
X DEC 12 1980 c/o Donn E. Engel
Box 206
Eaton, CO 80615
Eaton Planning Commission
DEC 11 1980 c/o Gary Carsten
Box 946
Eaton,. CO 80615
•
•
S00634
KOCHENBURGER 8 SMITH u'1980
(4-.)
ATTORNEYS AT LAW •
JOHN E.KOCHENBURGER � RECEIVED i�
KELSEY J. SMITH 119 WEST OAK STREET air
ARE 4ly�G�]gh 3iy3 r1� 7I
J.CREIG COOGAN FORT COLLINS,COLORADO 80524 t'` • 6W2P 0 Ihal'1'iTtl ,.
December 10, 1980
County of Weld
Department of Planning Services
915 10th Street
Greeley, CO 80631
Re: Application for Exemption of Frank Magnuson, et al
Dear Sir or Madame:
The referral of the Application from Frank Magnuson for a recorded exemption
pertaining to a parcel of land in the East 1/2 of the Southwest 1/4 of
Section 27 Township 7 North Range 68 West of the 6th P.M.
The Larimer and Weld Irrigation Company has no objection to the granting
of this exemption but we find that it is important that the rights-of-way
for the irrigation ditch and the maintenance road and areas be protected.
I have been requested by our company to request that Weld County require
the applicant for the exemption to obtain a description of the irrigation
canal and a maintenance area along both sides of the top of the canal,
20 feet in width. We find that as parcels become subdivided, people are
less willing to respect and recognize the rights-of-way of the irrigation
systems. Larimer County generally will impose this requirement upon an
applicant for an exemption. We would ask that Weld County grant us this
same privilege.
We will not attend any hearing on this matter unless you request that
we send a representative.
In the various documents submitted to us, we notice that an allegation
is made that part of the land of the exemption is boggy due to seepage
from the Eaton Ditch. We certainly would not want to be required to
concrete line the ditch or otherwise seal the bottom of the ditch in
order that the new owner or a subsequent owner be able to build a house
or otherwise farm the property. Perhaps it would be helpful to make
a notation on the exemption plat that the owner recognizes the seepage
for a number of years (in excess of 100 years) along this canal.
We certainly appreciate the opportunity to discuss the matter and your
referral to us. If there is anything we can do to assist you in the
matter, please do not hesitate to call myself or Mr. Don Engel in Eaton„ i 11
whose phone number is 454-3377.
Res ctfully, (c,
DEC 1680
800634 EIVED
K)
REC Weld County
John E. Kochenburger Planning C0mmi5310A
JEK:ilc tq \icer�Jh/ LVLL
cc: Don Engel �' '<gel (*
FIELD CHECK
FILING NUMBER: RE- 441 DATE OF INSPECTION: 114LLI40
NAME: FY",Ste VT1 A yess,^ `� e.�r a
REQUEST: e_cor de,& X-Qvv.? for
LEGAL DESCRIPTION: E'- SVV 4 Sio.c, 2,1 ) 1-11\S I 'Q (.(OW
LAND USE: N tiQY\c.vAur a
W O�Y " \Leak
Q ,1 ZONING: N Y\cIAA44,.ro.1
LOCATION: 2/2, yr,\1,y v a.A.L r-4u E t%
1 EA\orb
W iSker\iIA,Lr•A1
COMMENTS:
tltotoa Lair l a xtsl-u; h a w�i . La} Pec � s
Vac.M\- 1vr\ d. 4arw. \ es,. 1b. '11t1
Y w.9 r a if beL y4 ti.r.r4- wo �a rva�w .
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BY: 0;\veSit.
a
80063a
RECORDING DATA - MAPS & PLATS--
Recorded Exemption #O7O7-27-3-RE467
NAME OF SUBDIVISION
Frank A Magnuson, Trustee - Inez M Simpson, Trustee
NAME OF SUBDIVIDER
East z of the Southwest Quarter (SWO) of Sec 27, Twnshp 7 North,
( O ATION OF SUBDIVISION Range 66 West of the 6th P.M. , Weld County, Colorado.
DATE OF RECORDING DEC 3 0 1980 BOOK - 9?4 RFCEPT ION # 184554?
MARY ANN FEUERSTEIN
WILD COUNTY CLERK AND RECORDER
li Y.
DEPUTY COUNTY CLERK & RECORDER
800634
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