HomeMy WebLinkAbout851044.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 616 - ADOLPH
AND BETTYE ANDERSON
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 , on the 27th day
of July, 1983 , approved Recorded Exemption No. 616 for Adolph and
Bettye Anderson concerning property described as Part of the Wi
SW4, Section 22 , Township 2 North , Range 66 West of the 6th P.M. ,
Weld County, Colorado, and
WHEREAS, Adolph and Bettye Anderson are now requesting that
Recorded Exemption No. 616 he amended in order to separate a
twenty-four acre parcel from Lot B , and
WHEREAS , the Board of County Commissioners has studied said
request to amend Recorded Exemption No. 616 and deems it advisable
to approve same.
NOW, THEREFORE, BF IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the amendment to
Recorded Exemption No. 616 , requested by Adolph and Bettye
Anderson, be, and hereby is , approved.
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 9-2 E . 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 .
<.`;1044
Page 2
RE : AMENDED RE #616 - ANDERSON
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 6th day of
March, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
�'(,� f,' 1 WELD COUNTY, COLORADO
ATTEST: EQ�.[. c.(Aw. ( g-W-1.4ny,::- '
Weld County lerk and Recorder \ d�'`
and Clerk to the Board .Ja�cau ine Johnson , Chairman
/ EXCUSED DATE OF SIGNING - AYE
BY: Gene R. Brantner, Pro-Tem
Deputy County Clerk ,/
-
APPROVED AS TO FORM: C.W. Kirby , . /
7- - ) CFra aog
C C �c2ce-rid__ , / i,
County Attorney
F ank a agu i
851044
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^ fr i- c
March 6, 1985
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
RE: Amended RP-616
Pear Commissioners:
The attached application., plat and related item: are in reference to a
. equest from Adolph and Bettye Anderson for an amended. recorded exemption.
The parcel of land on which this request is being made is described as part
of the WI, 5h14 of Section 22, TM', F66W of the 6th P.M. , Weld County,
Colorado.
This request is bring done in conjunction with 2nd Amended Recorded
Exemption #77. The applicants are amending RE-616 it order to separate a
twenty-four (74) acre parcel from Tot P. Approval of the amended recorded
exemption will not create an', additional residential building sites.
Based upon the submitted information and policies of the County, the
Thepartmett of Planning Services staff recommends the request be approved for
the following reasons:
1 . The impact on surrounding agricultural land-uses does not appear
to h.• significantly different than the original request approved
on July 27, 1983.
2. The request complies with Section 9-2 F. of the Subdivision
regulations.
851044 '
hoard o€ County Commissioners
March 6, 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 he drawn in accordance with the requirements
of Section 9 - 7 F. of the Weld County Subdivision Regt2ations. The
plat shall be submitted within sixty (60) days from the date of
approval by the Board of County Commissioners.
Respectfully,L
a AS
Michael S. Mullen
Current Planner
85t044
FITlE CHECK
FILING NUMBER: Amended RE-616 DATE OF INSPECTION: February 17, 1985
NAME: Adolph and Bettye Anderson
REQUEST: Amend Lot "B" of Recorded Exemption 616
LEGAL DESCRIPTJ N: Part of the Wh SWU, Section 22, T2N, R66W of the 6th
P.M. , Weld County, Colorado
LOCATION: 7.25 miles northeast of Fort Lupton, north of Weld County Road 18,
and east of Weld County Road 31
LAND USE: N Rangeland
F Residence, Weld County Disposal 3i
S Weld County Road 18, vacant lots, one (1 ) residence, three
(3) mobile homes
W Weld County Rcad 31, rangeland, high power transmission line
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access is to Weld County Road 18, a gravel road. Improvements to the
subject site are a residence, metal garage, one (1) mobile home, two (2)
sheds, one (1) outbuilding and one (1 ) old outhouse on the west . Fast side
of the parcel contains a dog kennel facility with twenty (20) or more runs
and another residence. A tank battery, heater treater, and separator are
north cf the improvements. The remainer of the property 1.s rangeland.
There are twenty (20) residences withir one-half (b) mile of the subject
site.
By:
Glor 'a . Dunn
Current Planner
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851044
REFERRA1: i.,IST
Adolph & Bettye Anderson CASE NUMBER:Amended RE-616
SENT REFERRALS OUT: 2/11/85 __� __ .._.._...._ REFERRALS 10 BE RLCEIVVD WI 2/22/85
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/TO AMEND
APPLICATIONXIXOLIX RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street , Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: tp 00
APPL. FEE"/25 W'Xi a N KIIR. iannii2EB
CASE NO. R/y,L t, R E poi Co RECORDING FEE
ZONING DISTRICT c RECEIPT NO. /31/.3
DATE JJ APPL. CHECKED BY /115/11
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:
TOTAL ACREAGE: 32.249 acres
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes X No
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes X No
FEE OWNERS OF PROPERTY:
Name: Bettye B. Anderson and Adolph Anderson
Address: 501 Edison Avenue, Buckeye, AR 85326 Phone: (602) 336-6319
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel well Smaller Parcel well
TYPE OF SEWER: Larger Parcel septic Smaller Parcel septic
PROPOSED USE: Larger Parcel agricultural Smaller Parcel dog kennel
ACREAGE: Larger Parcel 23.066 acres Smaller Parcel 9. 183 acres
EXISTING DWELLINGS: (Yes or No) Yes (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 ) ' °� .��
Signature: Owner,or Authorized Agent
SuL,scrihed and sworn to before me this ,25Q day of (f1;,,,_,e C_t , 19i?',
(SEAL)
//
/__ ._ l` i _z-max
Notary Public
My Commission expires:
8510
DON J. HOFF
ATTORNEY AT LAW
1025 9TH AVENUE
SUITE 209
GREELEY,COLORADO 80631
(3031356-6767
January 28, 1985
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80631
Gentlemen:
Attached you will find an application and supporting documents to
amend Recorded Exemption No. 1309-22-3-RE 77 and also to amend Recorded
Exemption No. 1309-22-3 RE 616. This request to amend the Recorded
Exemptions is being sought for the purpose of transferring 24 acres of
property in the Southwest corner of Section 22, Township 2 North,
Range 66 West from Adolph and Bettye Anderson to Linda and Stanley Rech.
The transfer of property is being completed as a result of a lawsuit
filed by Andersons against Rechs regarding a dispute in the operation
of an oilfield waste disposal pit located on Rechs' property.
Rechs currently own a 20 acre parcel 330 feet wide and 2,638 feet long
immediately to the east of Andersons' property. The 24 acre parcel
which is proposed to be transferred from Anderson to Rech is located
adjacent to the disposal site and is roughly a square 24 acre parcel.
No building permit or change in use in the property to be transferred
is being sought at the present time. The property is currently zoned
agricultural and its use will continue as agricultural, however, it is
only marginally useful as agricultural land.
Your consideration will be appreciated.
Sincerely,
Don J. Hdff
Attorney at Law
DJH:dg
Encls.
851044
4. Statement of Purpose
To allow Stanley Rech and Linda Rech to purchase an additional
24.675 acres and add the same to a parcel owned by them, RE 1309-22-3-RE 77.
5. Consistency with Weld County Comprehensive Plan
The present use of the parcel to be acquired is consistent with the
use of the existing property by Stanley Rech and Linda Rech.
6. Consistency with Intent of Agricultural District
The present and intended use is consistent with the present zoning.
7. Compatibility with Existing and Surrounding Uses
The present and future intended use is consistent with present zoning.
8. Compatibility with Future Development
The property is adjacent to a variety of existing uses, i.e. , racing
dog kennel, oil field disposal operations and agricultural operations.
9. Consistency with Orderly Development
Any future development would not be totally inconsistent with
neighboring uses.
10. Water and Sewage Disposal
There is currently on Lot 2 a well and a septic system which serves the
residents on that lot. No change in the use of Lot 2 is anticipated
at the present time and the water and sewage facilities will not be changed
as a result of this application. Lot A also contains a well and a septic
system for the residents located on that lot. No change in the use of
the water or septic system is anticipated at the present time.
11. Overlay District Compliances
There is no restriction imposed on this property by overlay districts.
851044
Lot B {t
Lot B - Proposed Configuration
Present Configuration
i
Lot B
851044
AMENDED RECORDED EXEMPTION NO. 1309 -22 - 3 - RE 616
WV., - - - - 0
Cor Saa22 75' rSC°. cunt.
T2N,R68W I I — — — — — — — -- — — — —
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O J , z o LOT A -9.183 Ac.
r �I n e°ra i - 429.9 se H 0 LOT B —23.066 Ac.
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8 ` e 'N obit:0E « TOTAL -32.249 Ac.
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ROAD 18 O
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, I' J OWNERS:
t 7 ADOLPH ANDERSON &
CSi / BETTYE B. ANDERSON
$ il' IC;) (
I 501 EDISON AVENUE
\ ç10E
O 0 %N �(I \ BUCKEYE, ARIZONA. 85326
I
• I - -, - • , PREPARED BY'
23 ALPHA ENGINEERING
J� l p _ _ 1 c:-.: 61T 5TH STREET
\' ; FT. LUPTON, CO. 80621
� � \ _ �� NOV. IS , 1964
w FILE: 22-2116-09
• � N
� : • LOCATION
-It."' � \ tea: MAP 851044
49 . ristoCl t a_ tt 54�I� 5°60 ` SCALE:1%20001 SHEET I OF 2
AMENDED RECORDED EXEMPTION NO. 1309-22 -3 --3 - RE616
LEGAL DESCRIPTION:
Lot 1 of 2nd Amended Recorded Exemption No. 1309-22-3-RE77 , being a part
of the West Half of the Southwest Quarter (W1 SW4) of Section 22, Township
2 North, Range 66 West of the 6th P.M. , Weld CoLky, Col ra .
Contains : 32 . 249 acres more or less . I el
44'1--
LEGAL DESCRIPTION LOT A:
Part of the West Half of the Southwest Quarter (W1 SW4) of Section 22,
Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado,
being more particularly described as : Beginning at the Southwest corner
of said Section 22 ; thence N89 °44 '24"E on an assumed bearing along the
South line of said W1 SW;,; a distance of 577 . 59 feet to a point 7140 . 00 feet
West of the Southeast corner of said W1 SW4, said point being the TRUE
POINT OF BEGINNING; thence N00°04 ' 13"E parallel with the East line of said
WI SW4 a distance of 913 .42 feet; thence N72°52 'OO"E a distance of 429 .19
feet to a point 330 .00 feet West of said East line; thence S00°04 '13"W
parallel with said East line a distance of 1038.00 feet to a point on said
South line; thence S89°44 ' 24"W along said South line 410. 00 feet to the
TRUE POINT OF BEGINNING.
Contains : 9 .183 acres more or less .
SURVEYOR'S CERTIFICATE: ` 4•.
3 hereby certify that this plat was prepared under ,o ‘
`
my supervision and that the same is correct to the best -,. ' '°:.
of my knowledge and belief. • :• . '�iaf se
F'-
. 10‘14Cecil . Crowe, P. . & L.5. 1Ts:::(1 ''
PROPERTY OWNER'S APPROVAL:
e, er•s gne , eing the sole owners in fee of the above described
property do hereby subdivide the same as zhown on the attached map.
•
o p nc er Bettye . . . 1.ucc.. 1
By Don J . Ii f, Attorney in Fact By Don J. Hoff, Attorney in Fact
4s
I
The foregoing certification was acknowledged before me this / v` day
of �f�W�� A.D. 19g'�S , by Don J . Hoff, Attorney in Fact for
Adolph and $e££ye B. Anderson.
My Commission Expires : . ;,, 3 -9
NOTARY PUBLIC : �� ,Qy P
Witness my hand & sea . X11
CCMMISSIONER'S CERTIFICATE:
The accompanying plat is accepted and approved for filing.,,,4„,..4aan oe oa+ • ounty orimissioners
ATTEST: '�Y •
County Clerk_ 1114� fie+/
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; ,- Date aA.-e_L o1 y, ty HS
S. ..,e. . ,tip, ., .
;�G' '.:.. i Y ' `'."4.;','-::. Sheet 2 of
``�. , 851044 P
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PERMIT APPLICATION FORM
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(1) APPLICANT • mailing address I-Uli UI I ICI.. V.A. ONLY: DU NU I Will I L IN I HIS COLUMN
NAMEA o 4 1'114 A /ti/ 15f.,(-',56 N Receipt No. 7:;. CV e:/j(..) / .
STREET 45-J l '7 Rd_L f .— - _ Basin
CITY --,7-r 2_ 4. 1-- /-4 iv 6/col ° .JY, j CONDITIONS OF APPROVAL
(Stale) (L,pl ——
TELEPHONE NO. 7 7 — Z U 1 — This well shall be used in such a way as to cause
no material injury to existing water rights. The
(2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
county W L_ I) right from seeking relief in a civil court action.
S ,1:.." %4 of the 5 ►'V. '/4, Section 1- Z _
Ins fl ' t1.�C S� Y I.r1
N {I1S'.f l '181x1'nori:lx= �l,I`.•".*:,r. C::sCl7.--t-�1';-r<•'l�.'i.:-
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P.M. sun-zoo d0?:'n t0 fll;il)ry1Cit) (::. fh of le() s^"t
_ , and prop:;f,' nerkd to crt~t":",t the r ijrr lt,i or
(3) WATER USE AND WELL DATA a;:lr::f)ri34j')(i of tribuiary:3tor .
Proposed maximum pumping rate (gpm) /5
Average annual amount of ground water -.r
to be appropriated (acre-feet): /' ,5- A_
Number of acres to be irrigated: I L3 C' rz 1~
Proposed total depth (feet):______Z? /.r J 71-
Aquifer ground water is to be obtained from:
Yo x 0 1h. L
Owner's well designation _—
GROUND WATER TO BE USED FOR:
{ I HOUSEHOLD USE ONLY - no irrigation (0) )
{ ') DOMESTIC i1) ( 1 INDUSTRIAL (5)
( t() LIVESTOCK (2) ( I IRRIGATION (6)
( 1 COMMERCIAL (4) ( I MUNICIPAL (8)
( I OTHER (9) APPLICATION APPROVED
82973
PERMIT NUMBER
-
(4) DRILLER MAR 22 1976
DATE ISSUED MAR
�}
Name 2 / G2: /( SE () K ! LL. g" ? • EXPIRATI TE MAR 221978 ----
Street .t.e--eAs_2:t-a _
City ---
31.)E
T E ENG NE R
(State) (Zip) F
8Y_—__. _ 851044
Telephone No. Lic.No.
I D. I .-...._.' ._ _. COUNTY___,_.; .' .
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that we, Adolph Anderson and Bettye B.
Anderson, presently of Buckeye, Arizona, do hereby constitute and appoint
Don J. Hoff, Attorney at Law of 1025 9th Avenue, #209, Greeley, Colorado,
as our attorney in fact and hereby authorize Don J. Hoff to execute an
application for a subdivision exemption and/or a recorded exemption and to
generally perform all of the acts and to sign any and all documents neces-
sary for the purpose of obtaining such recorded exemption or subdivision
exemption on my behalf and for the following described real property to wit:
A parcel of property in the West Half (W1) of the Southwest
Quarter (SW1) of Section 22, Township 2 North, Range 66 West
of the 6th P.M. , Weld County, Colorado
We do hereby ratify and confirm all of the lawful acts which our attorney
in fact, Don J. Hoff, may do or cause to be done on our behalf by virtue of
this Power of Attorney. This Power of Attorney shall not be revoked by the
death or disability of either of us.
This Power of Attorney shall expire upon the completion of the acts
set forth above and upon the granting of the subdivision exemption or recorded
exemption by the Weld County Commissioners and after our attorney in fact has
performed all of the administerial and administrative duties required to per-
fect such exemption. In any event, this Power of Attorney shall expire on
April 1, 1985.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ..2„2..-Y1,
day of October, 1984.
Adolph Anderson
Y , j, -J, l I C, j i7 , ; '(
Bettye B/ Anderson
STATE OF « "R' )
) ss.
COUNTY OF ill aA- '�" )
Subscribed and sworn to and acknowledged by me this '.7 day of
October, 1984, by Adolph Anderson and Bettye B. Anderson.
Witness my hand and official seal.
Commission Expires:
Notary P lic
Carrnission Expires June 30, 198Z
851044
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