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HomeMy WebLinkAbout880524.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1091 GALE AND VALER: H MOODY WHEREAS , the Board of County Commissioners of Weld Count' , Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering tie 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 , d:Lci determine at a public meeting held in the Chambers of the Hoar( that a certain parcel of land , to be divided into two parcels , shown on the plat known as Recorded Exemption No. 1091 , does ncn come within the purview of the definition of the term! "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No . 1091 submitted by A. Bruce Johnson for Gale and Valerie Moody for property which is located in part of the SE} , Section 1� ; Township 7 North, Range 64 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" ,, sa. ci plat to be recorded, and WHEREAS , this request is to divide the property into parcels, estimated to be approximately 43 acres and 35 acres . NOW, THEREFORE, BE IT RESOLVED by the Board of Counr-y 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 approva ; Ls 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 drawl :• n accordance with the requirements of Section 9-2C. (4) of the WeiLd County Subdivision Regulations . The plat shall be submittel within sixty days from the date of approval by the Board of Conn 'v Commissioners . 880524 Page 2 RE: RE #1091 - MOODY The above and foregoing Resolution was , on motion duly nude and seconded, adopted by the following vote on the 6th day of July , A.D. , 1988 . ,. BOARD OF COUNTY COMMISSIONERS ATTEST: ' '' �/!� 8'� -/ `""^'4''` WE COUNTY, CO ORADO Weld County Clbrk and Recorder /C (AYE) and Clerk to the Board Gene R. Brantner, Chairman /y �.a.1 (AYE) �� BY: � , 3r C.W. Kirby, Pr Tem Deputy/County k (NAY) APPROVED AS TO FORM: (—J cqu • ne son (AYE) ..,3�iac�7 a County Attorney 4�a!f14/ '7 (AYE) Frank Yamagu .hi 880524 rDEPARTMEiT OF PLANNING SERVICES V tfrkt CPHONE(303)356-4000 EX?.4400 915 10th STREET GREELEY, COLORADO 80631 wilp C. COLORADO i' June 29, 1988 it Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1091 Dear Commissioners: This request for a recorded exemption is submitted by A. Bruce Johnson for Gale and Valerie Moody. The parcel of land on which this request is being made is described as part of the SE} of Section 19, T7N, R64W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2.c miles north of the Town of Galeton, on the west side of Weld County Road 51 . The request is to divide the 78 acre parcel into parcels of 43 acres and 35 acres, more or less. The purchasers of the property wish to build two single family residences, one on each parcel of land that would be created. Based upon the submitted information and policies of the County, the Department of Planning Services' staff recommends that the request be d€nied for the following reasons: - The proposal is inconsistent with the intent of the Agricultural zone district and does not comply with the minimum lot size requirements. The minimum lot size in the Agricultural zone district is 80 acres irrigated land, 160 acres for dryland. In the immediate area, the average lot size is 88.57 acres, more or less. Agriculture is considered to be a valuable resource of Weld County. The Agricultural zone district was established to maintain and promote agriculture as an essential feature of Weld County. It is intended to provide areas for the conduct of agricultural activities without the interference and encroachment of other more intensive land uses. The soil on the the parcel consists of olnply sandy loam. This soil is designated by the soil. conservation service as prime agricultural soil. b60i26 Gale and Valerie Moody RE--1O91 Page 2 The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. The applicant wishes to split a parcel of 78 acres into two parcels for the purpose of constructing two residences. The area is not located within the urban growth boundary area of an incorporated municipality and to the north of this proposal, 7 small parcels exist. Development in this area has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan as stated on page 1, of the Weld County Comprehensive Plan. . ."the Comprehensive Plan document is intended to be used for the general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of Weld County." The Comprehensive Plan also states, in part, that residential development shall be discouraged when the site is located outside of a municipality's comprehensive planning area and to promote conservation of Agricultural lands in an orderly manner that is in harmony with the phased growth plans of a municipality and the County. Approval of this land split may encourage requests to subdivide neighbcring properties in the vicinity. Scattered residential development in rural areas necessitates an increased demand for roads and bridges, police and fire protection, educational facilities, utilities, and other services. The cost fof providing services and the conflicts between rural and urban land uses can be reduced if development is encouraged within urban grow:1 boundary areas. Respectfully submitted, egdiA. c Current Planner KAS:rjg 880524 A' .ICATION FOR RECORDED EXEMPTJC' PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street , Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: 032 APPL. FEE 2sV. CASE NO. /6/O9/ RECORDING FEE ‘, as ZONING DISTRICT RECEIPT NO. /6/2/J7 DATE O/ c< APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) Ix (4e) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: Part of the Southeast Quarter of Section 19, Township 7 North, Range 64 Wes:. _f th, 6th P.M. TOTAL ACREAGE: 78 F Acres 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 in this section. FEE OWNERS OF PROPERTY: Name: J. Gale Moody and Valerie A. Moody Address: P.O. Box 9078 , Ftc Collins, CO 80525 Phone: 223-7317 - Name: Address: Phone: Name: Address: Phone: _ Proposed Proposed WATER SOURCE: Larger Parcel NWWCD water tap Smaller Parcel NWCWD watcr tap Proposed TYPE OF SEWER: Larger Parcel septic _ Smaller Parcel existing eepiic Agricultural/ Agricultural, PROPOSED USE: Larger Parcel Residential Smaller Parcel Residentic-- i ACREAGE: Larger Parcel 43 Acres Smaller Parcel 35 Acres EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes 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 ) ("F Iu g r nature: r �t�k/,6/r/ Authorized A eat A. Bruce J hnson— Subscribed and sworn to before me this &5 * day of May , 1438, (SEAL) CTT 6'/2CCc=7-c _ • Notary Public June 18, 1990 My Commission expires: 880524 IT: 5 • • M k,�v .. r 4 • 1.1��>.° n • x>� 07• ze 23 30 z, �! zL . xi a a '�• • .o" .•.. \�—•mow -• - ---a.9▪v > ��x V• . 3, . v°�' 30 31 • 32 V 3. �'1 Y>5 >. J>• •.v• •▪ • _• • ••/ .• •�•/ e� • 5 2 \ > 2 •LI �R , • > ". (0 ... p II r 1 .•O ( / I w r•5 ;; r� !' ., ra 5 .'/•A'Y{ Ate . •° • � �o f E -yrw.0 ° 'inn N, .r:e.e •22 ! 23 24 ..2 • �.,L . m n z i II • SD° 1 I / \ • LONG ' \ aD n� °•;• xe T •Ii zs •fi. • ° •D - x. �.• \ °I n •. ze -� x L4 •D 23 a ' • A • • is v __ r ,x ;u v • ,. I' 35 �i• 5 n v ,z j » • >• ,• .�. 1. > s:: » (c 1. .. • ° r • • arc • lif to • Y L4 ii N0V9ARD •• ' 1 C"-a. •-•-. :z . \.. 'aar Z.: ..F 3 edi !° •�✓ Assent's. ♦ / 1• x• • 1/�11'I 5°p • c .. I•. .ti �o.L x' 7 . .• ` :_.�!• • u• �u ! 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X1{• 1• ( ,X9,.••4 t ,�' y:.. .r 1 I N • �Y! r— ��f 3 x fy't � Y/14,- . t �r ;* 880524 ': ..1. . ' . a k' a b -d c • O—r. ,a SO'1N & ASSOCIATES 801 8th Street _ Suite 22' LAND RESOURCE SPECIALISTS Greeley, Colcnido °53. (303) 256-6) 10 May 23 , 1988 Department of Planning Services 915 10th Street Greeley , CO 80631 To Whom It May Concern : 1) Attached is an Application for Recorded Exemption on property currently owned by J . Gale and and Valerie A. Moody , being part of the SE4 of Section 19 , Township 7 North:, Range 64 West of tie 6tn P .M. Enclosed is a check in the amount of $250. 00 payable to the Department of Planning Services to cover the Application aid $ 6 .00 for recording fees . 2) A Certificate of Conveyance is enclosed from Transamerica Title of Greeley . 3) Enclosed are copies of the Deeds on the properties . 4) Subject Application is submitted for the purpose and reason of : a) Allow the Peterson brothers to purchaser irrigated farmland and each of them to build a home ; b) Allow Moodys to sell the smaller fields from their farming operation ; c) The property line of the proposed split is recommended due to the historical flow of irrigation water , irrigation ditches and existing house . The County road was also taken into consideration to allow parties of each lot to access and operate their respective lands ; d:) Simultaneously submitted is a Subdivision Exemption for financial purposes to allow the Peterson Brothers (Purchaser) to establish their rural residences (each plan to erect a module home on a foundation with new septic and domestic water tap) . 5) This proposal is consistent witn the policies of the Weld County Comprenensive Plan for the following reasons : Colorado-Nebraska • Farm & Ranch • Water Appraisals • Sales • Exchanges • Minerals • Consulting 880524 Department of Planning Services Page Two r May 23 , 1988 a) The farmland of the existing farm will remain as farmland ; b) There will be an increase of of one residence ; c) This change does not promote business or industries i_n the existing Agricultural Zone ; d) The proposed change in this Recorded Exemption is brought about to allow the construction of another residence ( Ln addition to what is presently located in said land) . This spl _J will not materially reduce the productive capability of the existing farm. Nearly the same number of acres will still be farmed , less than one acre will be taken out of production ; and e) Paragraphs 4 through 13 of the Agricultural Policies do not apply to this Recorded Exemption Application because they apply to the development of subdivisions , mineral extraction and disposal sites . 6) This proposal is consistent with the Agricultural Zone District because the farmland will remain as farmland and the farmstead will remain as a rural residence . A new residence may be constructed on Proposed Lot B. The uses of proposed Lct A and Lot B will neither interfere with nor be incompatible with the neighboring Agricultural Zone for the above reason=_ . 7) The uses of proposed Lot A (a rural residence and farm) will remain the same as it is presently. The older home will be replaced with a new home . The use of proposed Lot B will remain irrigated farmland plus a rural residence , which is the same as the land to the north , south , east and west of subject property . The proposed change in Lot A and E3 is consistent and compatible with existing surrounding land uses . 8) The uses permitted in the proposed change in Lot A and I3 will be compatible with future development of the surrounding area as permitted by the existing Agricultural Zone and with future development as projected by the Comprehensive Plan of Weld County . The proposed lots are within a three mile radius o Galeton , Colorado . 9) The proposed split , in my opinion , will not be inconsistent with efficient and orderly development of the immediate surrounding properties . 1O) Lot A has an existing domestic well and operating septic system . However it is proposed to use a NWCWD water tap . It is proposed that Lot B have a new water tap and constructed septic system (See attached letter from NWCWD) . 11) Subject property is not located in a flood plane , geolagie hazard , nor the Weld County Airport overlay district . 880524 Department of Planning Service Page Three June 24 , 1987 12 ) The Sketch Plan Map is attached for visualization of the proposed change in property lines . 13) When the Record Exemption is approved , a plat as described in your Recorded Exemption Procedural Guide will be submitted to the Department of Planning Services for recording by the Weld County Clerk and Recorder . 14 ) Attached is a Power of Attorney form authorizing me to make this application on behalf of the owners . 15) Submitted simultaniously with this application for a recorded Exemption is a Subdivision Exemption for financial purposes . I request that you consider them together as one application . 16 ) Please send copies of all correspondence with Applicants to : A. Bruce Johnson , 801 8th St . , Suite 22O, Greeley , CO 8O631 . If you need any further information , I will try to accom— modate your request . Thank you for your assistance in this matter ! Sincerely , / 0111 QC:C` A . BRUCE JOHNSON ABJ/sc Enclosures 880524 BOARDOFDIRECTORS '�,' - ,�.. NORTH WELD COUNTY WATER DISTRICT ERNEST TIGGES • - ALEX HEIDENREICH ROBERTALKIRE �w f HIGHWAY LUCERNE.COLORADC 80548 GARY SIMPSON tj _% LYLE NELSON, MGR. W.M.McKAY Aj P.O. BOX 56 - PHONE 356-3020 May 19 , 1988 Jay Moody RE: Water Service Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property : SEq Sec 19-7-64 • • • 1 . Water service is presently being provided to the above • described property. 2 . 1'' 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 e D . Nelson , Manager LDN/wb = 880524 • POWER OF ATTORNEY KNOW ALL r1EN BY THESE PRESENTS , that AX W .J . Gaffe Mo>odv ,ind Valerie A. Moody (name) , the undersigned , of P .0. Box 9078 _ (address) , Ft . Collins , •_ -- State of Colorado _ here- by County of Larimer — constitute , make and appoint A. Bruce Johnson -- -- (name) , of 801 8th St . , Suite 220, Greeley _ (address) , County of Wid State of Colorado , my true and lawful attorney- in- fact , for the following purpose : To represent me in the matter of the foregoing attached application for a . — Subdivision Exemption and/or Rerr ri F Lit-L — (variance , recorded exemption , etc . ) , in regard to and orly in regard to the particular property described in said ap- plication , before the Board of County Commissioners and/or Piarrin Commisbion Board of County Co:amissioners , Board of Adjustment , etc - ) and to present evidence on my behalf before said Board. J . L M00DY VALERIE A. MOODY Subscribed and sworn to before me this (' , b, day if March • 18 • Notary Public Ky commission expires : 880524 Reeordel L-/e'N°P-J ova Qeve( sec-4-;v /9, t7,v k, ' "°' Cev e r O-4 w P l Seclro� 19 y / center- /in e o? *sec/. t 7 Proposed 20-4 'B ' iH/BS�3 2...L �4creopose o�-O�ert/ lute. Cad e re eke I - ��//t1/// Zrri. Oirc also Wes-{- I 35 of-Less Xeres Prepe r�' /i11- tiII3� �X�S'rih 5yrouSe • Proposed 201 4 Setell, /inc. — /Yo read —iced , 0 d ;1u,ca /d be. we478 SC-a- /G Copp ok ivwa�e 880524 REFERRAL LIST APPLICANT: J. Gale Moody and Valerie A. Moody CASE NUMBER: RE-1091 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 17, 1988 NO SR NR NO SR NR County Attorney X Weld County Health Dept. Engineering Department County Extension Agent Office of Emergency Mngmt Ed Harring State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 State Highway Department P.O. Box 850 Greeley, CO 80632 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response 880524 DEPARTIviENT OF PLANNING SERVICES 1 PHONE(30;'x)35f,-n000 EiXT. 4400 it t• -8t!i 10th STREET r- GREECE f, COl ORADO 80631 rl wing La CASE NUMBER RE-1091 COLORADO June 3, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from J. Gale Moody and Valerie A. Moody for a recorded exemption. The parcel of land is described as part of the SE} of Section 19, T7N, R64W of the 6th P.N.. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is 2-1 /2 miles north of the Town of Galeton and west of Weld County Road 51. This application is submitted to ycur office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by June 17, 1988, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about this referral. Thank you for your hel) and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with air interests. 4. A formal recommendation is under consideration and ;41_11 oe submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 880524 4 DEPARTMCN'i OF PLANNING SERVICES 3 (` PHONE(3031 356-4000 EXT 4400 9.5 10th STREET GREELEY, COLORADO 80631 fluC. COLORADO June 3, 1988 J.. Gale Moody Valerie A. Moody P.O. Box 9078 Fort Collins, CO 80525 Dear Mr. and Mrs. Moody: Your recorded exemption application is complete and in order and wiLl be processed by our office on or before June 30, 1988. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please feel free to call me. Respectfully, "S"." Re A. chue t Current Planner KAS:dn pc A. Bruce Johnson 801 8th Street, Suite 220 Greeley, CO 80631 880524 a a si RECORDED EXEMF1 ION N2 0711 — 19 — en — RE 1091 E I/4 COR. N.89°00'31 "E. 937. 53' l (FE pin ) NECorSec N.07°34104"W. Z ( Line common and used p 257.42' in transfer of property by adjacent property -� N.04°49158"E. 190.69 - owners (NOT rr necessarily E-W co EAST LINE N26°17'38"E. I20.54'.\ centerline.) SE 1/4 y N N.47°55'29"E. 343.29' ; 3 LOT 'a ' . -co c; re) Eii 42. 872 1 AC. -o N p N.24°30'08"E. °8 - ci 474.421 N co NS9°0019"E. 30' FREESE -6.93; O "\.FE pin N.15°39'21"a=. 3O' • 1— N 89°00'31"E f / DELGADO pin. 144.45' ---.. r m N01°25156"W. 235.65' --- SET WHITNESS 0 m ° , r CORNER-^ 1400.00' '' • 3.01°2515811E ----- \---••-- S.89° I6134"W. 1448.21' - 89.13' - m° t - NOTE: WEST LINE IS APPROX. CENTER- g S. 11°3015511E. t.- LINE OF DITCH AS PER SURVEY BY co I 3 399.33' DELGADO fi ASSOC. O Ili LOT ' A' cto m 34. 983 * AC. p i g SE CorSnc S.08°20134"W. Z T 608.02' 'Z_ SET WHITNESS SCALE I"=400' CORNER ;� 1400.00 . Y — Found Pin \---•-• N.89° 16'34"E. /c) 1448.00' 0 -Set Pin SE COR SEC 19 ' SOUTH LINE SE I/4 3 3 n i- T. 7 N. LOT 'A' 34.983 * AC. id 13 ± ± 18 17 LOT 'B' 42.872 ± AC- _ TOTAL 77.855 * AC. WCR 80 OWNER , P _ J. GALE MOODY & iv u") VALERIE A. MOODY o) cr co P.O. BOX 9078 m c 24 I 9 411 20 FT. C0LLINS , CO. 80525 rr ,4 3 /t $B`'Y wx 0 / 25 30 29 I VICINITY MAP 1 SCALE : I"= 2000' FREESE ENGINEERING i _. --G_ IC __ RECORDED EXEMP l iON N2 071 I - 19 - 4 - RE I09 I LEGAL DESCRIPTION All that part of the Southeast Quarter (SE),) of Section Nineteen (19) , Township Seven (7) North, Range Sixty-four (64) West of the Sixth (6th) Principal Merid- ian, lying East of the Owl Creek Supply and Irritation Company Ditch, County of Weld, State of Colorado. � LEGAL DESCRIPTION fa LOT "A" _ /�,3/ All that part of the Southeast Quarter (SE}) of Section Nineteen (19) , Township Seven (7) North, Range Sixty-four (64) West of the Sixth (6th) Principal Merid- ian, lying East of the Owl Creek Supply and Irrigation Company Ditch, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of said Section 19 and considering the East line of the SEA of said Section 19 as bearing North 00°20'36" East, and with all other bearings contained herein relative thereto: Thence North 00°20'36" East, along said East line of the SE} of said Section 19, 1082.00 feet; Thence South 89°16'34" West, 1448.21 feet to the approx;riate centerline of the Owl Creek Ditch; Thence along the approximate centerline of said Ditch by the following three (3) courses: South 1°25'58" East, 89. 13 feet ; South 11°30'55" East, 399.33 feet; South 8°20'34" West, 608.02 feet more or less to a point on the South line of said Section 19 ; Thence North 89°16'34" East, along the South line of said Section 19, 1448 .00 feet to the Point of Beginning. Subject to a 30-foot county road right-of-way on the East, and Subject to the Owl Creek Ditch on the West side of Property. Said described parcel contains 34.983 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. J. Gale Moody and Valerie A. Moody, being the sole owner(s) in fee of the above described property do hereby subdivide the same as shown on the at- tached map. ildstis; i *ter. ,ale oody Valerie A. Moody foregoing certification was acknowledged before me this/7 day of Th rry , 1989, by J. Gale Moody and Valerie A. Moody. Witness: my cl. and se My (.m i n x ires: SITAI / Notary Public 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. 1. Jasp r •ee e ' . / Regis, re Land Surveyor, Colo. Reg 4392 ?; t' ° fit_%not .41' Of COrOQ COUNTY COMMISSIONERS' CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. Gam.I // i i rti." CHAIRMAN BOARD OF CO COUP COMMISSIONERS ATTEST: `' """""""... ) COUNTYIULERK � ��^`�`�� •; B n,t-,Y�-a. ., v ^t tw DATE: c2 / 3 1 29 HEESE EN -INEERING IgR9 - in f Hello