HomeMy WebLinkAbout851004.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 766 - KEITH R. AND SHARON
BURMAN
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, the Board of County Commissioners, pursuant to its
authority under Section 30-28-101 (10) (d) , CRS, as amended, did
determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into two parcels , as
shown on the plat known as Recorded Exemption No. 766 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 766 was
submitted by Keith R. and Sharon Burman for property which is
located in the SW's and Part of the SW; SE', Section 16 , Township 6
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 applicant and known as Exhibit "A" , said plat to be recorded,
and
WHEREAS, this request is to divide the property into parcels
estimated to be approximately 15 acres and 200 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be, and hereby is, exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this 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 sixty days from the date of approval by
the Board of County Commissioners; and 2) The Recorded Exemption
plat shall be amended to reflect a 75-foot right-of-way
reservation on the north side of State Highway 392 and a 50-foot
right-of-way reservation on the east side of Weld County Road 29 .
851 004
Page 2
RE: RE #766 - BURMAN
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
July, A.D. , 1985 . BOARD OF
TY ATT:EST1- (fin v�-2(A f , WELD COUNTY,NCOLORADO
SSIONERS
Weld County Clerk and Recorder
and Clerk to the Board J cqu ine J h son, Chairman
c
EXCUSED
e/ c.t/
Gene R. Brantner, Pro-Tem
eputy County lerk
/At
APPROVED AS TO FORM: C.W.le !/
Gor L�y
County t or ey i Frank ama cfrc
851004
DEPARTMENT OF PLANNING SERVICES
i� y$ ( PHONE(303)356-4000 EXT. 4400
TT 915 10th STREET
GREELEY.COLORADO 60631
COLORADO
July 3, 1985
Board of County Commissioners
Weld County Centennial Center (�(�
915 Tenth Street -11
Greeley, CO 80631 (�N
Re: Recorded Exemption IRE-766
Dear Commissioners:
This request for a recorded exemption is submitted by Keith R. & Sharon
Burman. The parcel of land on which this request is being made is described
as SWk and Pt. SWk SE' of Section 16, T6N, R66W of the 6th P.M. , Weld
County, Colorado. The property is located approximately 1 mile northwest of
the Greeley City limits on State Highway 392. The parcel of land under
consideration is the total contiguous land holdings of the applicant.
The request is to divide the property into parcels of 15 acres and 200
acres, more or less. The applicants propose to sell the 15-acre lot which
is situated on the south side of Greeley #2 Canal. The larger lot will
continue to be used for crop production.
Rased 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 applicant has demonstrated in the submitted application
materials that the request complies the submission
requirements of Section 9-2 C. of the Weld County Subdivision
Regulations.
2. The applicant has demonstrated in the submitted application
materials that the standards and conditions of Section 9-2 E.
(1) (a) through (m) of the Weld County Subdivision
Regulations have been met.
851004
Board of County Commissioners
Keith R. & Sharon L. Burman
July 3, 1985
Page 2
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 prepared in accordance with
the requirements of Section 9-2 C. (4) of the Weld County
Subdivision Regulations. The plat shall be submitted within sixty
(60) days from the date of approval by the Board of County
Commissioners.
2. The Recorded Exemption plat shall be amended to reflect a 75-foot
right-of-way reservation on the north side of State Highway 392
and a 50 foot right-of-way reservation on the east side of Weld
County Road 29.
Respectfully,
Gloria V. Dunn
Current Planner
CVD:1s
851004
FIELD CHECK
FILING NUMBER: RE-766 DATE OF INSPECTION: June 11, 1985
NAME: Keith R. & Sharon L. Burman
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: SWk and Pt. SW1 SEA of Section 16, T6N, R66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: Approximately 1 mile northwest of Greeley, north of Colorado
Highway 392 and east of Weld County Road 29.
LAND USE: N Cropland, residence
E Cropland
S Colorado Highway 392, farmland, 2 residences
W Weld County Road 29, farmland, residence
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Accesses are to Colorado Highway 392. One residence exists on each of the
Subdivision Exemption parcels. The Recorded Exemption parcel is in natural
grasses and is vacant except for a tank battery, which is situated here.
The Greeley No. 2 canal bisects the proposed larger parcel (on the north) ,
which is used for agricultural production, from the (3) smaller lots.
Four residences are located within 1/4 mile.
By: -
Gloria V Dunn
Current lanner
851004
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STATE OF COLORADO
DIVISION OF HIGHWAYS
P.D. Box 850 '
Greeley, Colorado 80632-0850 cy, A a . 1
(303) 353-1232 ";,f8
,':,-.4
OF OV�..
June 19, 1985 Weld Co. , S.H. 392
Burman Exemptions
E. of C.R. 29 for
.6 Mi. along the N.
Ms. Gloria V. Dunn side Hwy. 392
Department of Planning Services
Weld County DOH File 45100
915 10th Street
Greeley, CO 80631
Dear Ms. Dunn:
We have reviewed the Burman Recorded Exemption and Subdivision
Exemptions and have the following comments:
1. Projected traffic on State Highway 392 indicates the need for a
150-foot total right of way, 75 feet each side of the highway
centerline. Additional width to meet this need should be
protected by reservation or, preferably, dedication as permitted
by local regulations.
2. All parcels along State Highway 392 created by these exemptions
either have existing driveways to the highway, or alternative
access to Weld County Road 29. Therefore, no additional access
to the highway should be necessary as a result of these exemptions.
The parcel which is to be created by SE-239 is the site of a
proposed boarding kennel. Since this change in use of the property
would affect the operation of the existing access to S.H. 392,
an Access Permit is required. Application for this permit is
made to this office.
Thank you for the opportunity to review these exemption applications.
Please contact Wally Jacobson of this office if you have any questions.
Very truly yours,
ALBERT CHOTVACS
DISTRICT - NGIN$ER ;'
JKC:WJ:mbc Jbhn K. Crier
Di4ict Planning/Environmental Manager
cc: A. Chotvacs
File: Crier-Jacobson
o E Ds5k VN
JUN 2 _ 1985
_ _______c_.-, 851004
Weld Ca. Manning Commission
• • i .
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, F.xt. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
CASE NO. RECORDING FEE
' ZONING DISTRICT _ RECEIPT NO.
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:
see attached:
TOTAL ACREAGE: 226
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes No x
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes x No
FEE OWNERS OF PROPERTY:
Name: Keith R. and Slirnn I _ Rurmart_
Address: P.O. Rnx 126fi I aramie' ltynming A2G70 Phone: (307) 745-7064
Name:
Address: _ Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel No. Weld Dist. Smaller Parcel No. Weld Dist.
TYPE OF SEWER: Larger Parcel None — Smaller Parcel None
PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Agricultural
ACREAGE: Larger Parcel 211 Smaller Parcel 15
EXISTING DWELLINGS: (Yes or No) NO (Yes or No) No
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. 1
COUNTY OF WELD ) �'
STATE OF COLORADO ) "ft'^�^—.
ignature: Owner or Aut orized Agent
Subscribed and sworn to before me this 28 day of may , 19E5 .
(SEAL)
. 77.1-1.' -,-(21-;
Notary Public
NY Cori; 1TS(m Expires
Nov. 2;', 19T7
My Commission expires: 851004
8017407—E
Sheet 2 of 6
SCHEDULE A—Continued
2. Covering the Land in the State of Colorado, County of Weld
Described as:
FARM NO. 15 :
THE SW; OF SECTION 16 , TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M. ,
WELD COUNTY, COLORADO, EXCEPT THAT PORTION OF THE SWe CONVEYED TO
WELD COUNTY BY DEED RECORDED IN BOOK 1348 , AT PAGE 5O3 .
AND
ALL THAT PART OF THE SEa OF SECTION 16 , TOWNSHIP 6 NORTH, RANGE 66
WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO LYING NORTHERLY AND
WESTERLY OF THE NUMBER 2 DITCH OF THE NEW CACHE LA POUDRE IRRIAGATION
COMPANY AS THE SAME EXISTED ON APRIL 29 , 1905 , EXCEPT ANY PART THEREOF
LYING SOUTHERLY AND EASTERLY OF SAID DITCH AS THE SAME EXISTED ON
APRIL 11, 1966 .
AND
THAT PART OF THE SW1 OF THE SE; OF SECTION 16 , TOWNSHIP 6 NORTH,
RANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, LYING SOUTH
AND EAST OF THE NUMBER 2 CANAL AND WEST OF THE EAST DEVOTIE LATERAL.
851004
May 14, 1985
We1.d County Department of Planning Services
915 10th Street
Greeley, Colorado 80631
Reference: Recorded Exemption for Burman
4. The purpose for dividing the property is to allow the owner to regain
part of initial investment and provide him with some working capital
vital to the property as an agricultural unit.
5. The small parcel has no existing dwellings and is consistent with the
Weld County Comprehensive Plan. Any future improvements will have to be
approved and consistent with the aforementioned plan.
6. The property is currently zoned agricultural and will remain the same.
This zoning is presently consistent with the zone district.
7. The land use will be the same as it has been, which is agricultural.
It is very compatibvle with the current surrounding land uses.
8. This exemption will not adversly affect any future development by the
County or the City of Greeley. It is agricultural land and no major
changes will take place without approval.
9. Again, this is agricultural land and will remain the same, therefore,
it will not be inconsistent with efficient and orderly development.
10. Water is supplied by North Weld Water District. There is presently
no need for a sewage disposal method, therefore, we do not propose
any. Suitable for septic system if needed.
11. The property in question is not located in any immediate danger of flood,
nor is it located in an Airport Overlay District or any other geologically
hazardous area.
12. The present owner wishes to recover his initial capital investment due
to depressed agricultural conditions. By selling a small parcel the
owner can reduce his investment and accumulate additional capital for
agricultural use. The small parcel will more suitably benefit the
entire operation of the farm if sacrificed so that the capital may be
reinvested in the large parcel as an agricultural unit. This action
will not restrict future operation and maintenance of the surrounding
agricultural land.
851004
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Jones-Wininger & Associates
Professional Surveyors
1217 9th Avenue
Greeley. Colorado 8063!
303-352-4700
Pro3eat Nu rther i9gs- S-7 jar 190-
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RECORDED EXEMPT/ ON No N805-16-3-RE 766
LEGAL DESCRIPTION
•
All that part of the South Half of Section 16, Township 6 North, Range 66
West.of the 6th P.M., Weld County, Colorado, lying Northerly and Westerly of
the Greeley No.2 Canal, and that part of the Southwest Quarter (SWa) lying
South of the Greeley No.2 Canal and West of the following described line.
RFXZI KING at the Southwest Corner (SW Cor.) of Section 161
Thence North89°10'50"= East along the South line of the SWa, 1209.36 feet to the TRUE
, POINT pf^ HEGINSii* of aforesaid line ;'
- Thence Nect*OS° 5.,32ast ', 312.93 ,Feet to a pout on the South line of the
' Greeley No.2tan 1',?'Said point being the terminus point of aforesaid line:
t SURVEYOR'S CERTIFICATE
I hereby ceetikcythat under my personal supervision the foregoing parcel was
accOrately,rg eyed that iron bars were found or set as indicated hereon, and
the foregoin�plat is an accur entation,to the best of my knowledge and
CAM belief n e�D0 Q r
Cha^les B. Jone '14
litioeado Registered Prof' ioa '22098 4T1Land Surveyor ; *22098
AL
•
We, the undersigned, being the sole owners in fee of the above
describedproperty do hereby subdivide the same as shown on the
attached:Ina
The, foregoing+certification was acknowledged before me this --/ tk
day-of 4- Ati4SUS+':... . ,. A.D.; 19 S}S
My Commission expires. ;S^„ C 23 19 KR
Notary Public . : • O"79, m, .Ai_Qre ) •
• Witness my' hand and seal
coma M.Shan Nan Palk
Jway WISPS,
MY Coaaa6dan Sa d a. .al,29,1069
The accompanying plat is accepted and approved for filing.•
I4lC •I OF THE 0 RD OF COUNTY COMMISSIONERS
ATTEST: County Clerk �I ITJ
Dat
:UN's 851004
.o oseP,t 4/ame r /985-s7 -Mt /985
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` RECORDED EXJMPTION No 0805- 16 -3 -RE 766
LThSAL DESCRIPTION
LOT A RECORDED EXEMPTION
� /
Na 0805- 16-3-RE 766 43
Part of the Southwest Quarter (SW;) of Section 16, Township 6, North, Range
' 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more
' particularly described as follows:
BEGINNING at the Southwest Corner (SW Cor) of said- Section 16, thence by true
bearings with the south line of sais SW4 bearing North 159 10'50" East;
Thence North 00 06'08" East along the West line of the SW4, 40.01 feet to a
point on the Northerly right-of-way line' of Stae Highway #392, said point
being• ' the TRUE •P0INT 0i�"SGINNING:'
• o-
thence continuing North 00 06'08" East along the West line, 585.33 feet to a
point on the Southerly right-of-way line of the Greeley #2 Canal;
Thence along said Southerly right-of-way by the following seven (7) courses
and distances,
South 82,06'08" East, 258.75 Peet
North 81 32'15", 383.99 feet: •
North 84 17'23" East, 162.25 feet
South 6134'22" East/ 165.98 feet
South,35,50'41": East,' 219.94 feet
South 55'28'43" East, 91.24 feet
South 76 ;;06'52" East, 112.48 feet
Thence South 08 55'32" West, 272.18 feet to a point on the Northerly
right-of-ways line of State Highway #392;
Thence along said Northerly right-of-way by the following two (2) courses and ,
distances, ;V'',',
North 87; 57?54',' West, '6.76 feet ( 'N. 88 00' W. )
South 89 09425, "W t;tl208.87 feet (Rec S. 89 08' W., 1213.8 feet) to the
TRUE POINT'' BHabiNIT G.
,J its,4 ,.:4K ,gyp
N >aid described .,parcel-.of land contains 14.900 acres, more or less and is
subject to1 any rightawf-way ! or, other easements as granted or reserved by
instruments of record orias may exist on said described parcel of land.
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