HomeMy WebLinkAbout860645.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 874 - CHESTER HAYS , 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, 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. 874 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 874 was
submitted by Chester Hays, et al. for property which is located in
part of the NE4 , Section 31 , Township 5 North, Range 65 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 1 acre and 89 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 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 sixty days from the date of approval by the Board of County
Commissioners.
860645
I /;' . i.✓. .I
Page 2
RE: RE #874 - HAYS, ET AL.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
July, A.D. , 1986 . •ATTEST:1111 ( v�4-2� vvi t z-n- WELDDCOUNT OF Y, OY ORADOCOMMISSIONERS
Weld County Clerk and Recorder \
and Clerk to the Board Ja que �, . poi► Chairman
c: J C I . .u-��J G, .
` �1�i7t co. .�,.c `� J , o-Tem
Deuty County Clerk
EXCUSED DATE OF SIGNING - AYE
APPROV D AS TO FORM: Gene R. Brantner
e,,Xwfr
C___. -17
C c C.W. Kirby ///,, r
County Attorney ��/ jy.�f/,l(yl�G
Frank Yamag hi OJ
860645
DEPARTi NT OF PLANNING SERVICES
‘311 (1PHONE(303)356-4000 T.4400
91515 10 10thh STREET
} GREELEY,COLORADO 80631
C.
COLORADO
July 16, 1986
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #874 and Subdivision Exemption #266
Dear Commissioners:
This request for a recorded exemption and a subdivision exemption is
submitted by Chester Hays et al. The parcel of land on which this request is
being made is described as Pt. NE} of Section 31, T5N, R65W of the 6th P.M. ,
Weld County, Colorado. The property is located approximately .25 mile south
of Evans west of Highway 85 and north of Highway 394. The parcel of land
under consideration is the total contiguous land holdings of the applicant.
A portion of this property is located in the Flood Zone B district.
However, the improvements are existing on the property and would not be
required to comply with the Food Hazard Overlay District requirements of the
zoning ordinance unless new construction or substantial improvements to
existing structures were proposed.
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 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.
860645
Board of County Commissioners
May 28, 1986
Page 2
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.
-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.
Respectfully,
�
/ t t /n} - -
Debbie deBesche
Current Planner
ADDITIONAL COMMENTS
-RE-874 and SE-266
Chester Hays, et al
The Weld County Health Department has recommended denial of this
request due to the property size of less than one acre. The Department
of Tlanning Services staff feels that since the residences and septic
systems are existing on the two small parcels that the request is
consistent with the Weld County Subdivision Regulations.
The Town Board of La Salle recommended denial of this request at its
meeting held on May 27, 1986. A copy of the Town of La Salle's
response is attached.
:,c o
'r .1 I; • ways
o0 r 60o e L I %
�` aaes _ 656821.3l)axz'3� � �
!µ � 29
4.674 ..'��// e �� � •�_ ma6628
25
•
g5�
I
� 0
,55
AWN �0 0' o� _ Q4 4fi60
_ � — •I, O7HAN
o /
�CC' R 1 ±. 464TJ
662
pb0 • y74 ��A' I aD µ 50
�NI •�, r 6
I\t
I ON
652 31 ft
32
36 snfir K 4 33
�� 4660 1
,
Salle
60 ..- ° C ast L a :' 660' V
5.o.
x j ��{
7.'�aht417C� ..��.
µi`3 1: o
1I.• •t. } r• �•4h59 /J/ x
' I i��� � ••III aeI'5)"
4643 I 4 I' V .I
•
1 O 5 .5 . °O 90 NC
SI
o 6 ! O N( IIf HHdO H 4 l,N/I I
il
f,
•
w-u w' .
51. I
of Jl a
Ur I
' 6Vill
I
Well ii 5 h
co
l 12 r ;
(> 6IOJ'
Wrn / 1 ( 4]10
•
e i.
a o ,� N �3 M •
d
M O
- I '' r
p. h
'I - _ 4700
i
i / se
V 4653
v-el Pit
fra n 'rl ) ..i.e..- ��.
...,___,-D
, ,
'.
_,...______ _ ,
..._
,,,
,,
.• ►/ lam' .A„
,'
M
394 \ \
O
465_7 31 R _874. '\
i
Z-32 • I f r.et
• • N
= . ••' • •••• ♦
• \ I
V
•
/ ; Rte! ••
/- , • i. I INy • • / I
�' • �• '/ . N •• -' • • ' % , �J�. . . , ems S. ••,
•
/• •!� i' • • • �• •
-N� •��� •���
•• .• • • •• ••• / �M _ /
•
•. 4676 ,
FIELD CHECK
FILING NUMBER: -RE--874 DATE OF INSPECTION: May 16, 1986
NAME: Hays et al
REQUEST: Recorded _Exemption and Subdivision Exemption
LEGAL DESCRIPTION: Yt. NE of Section 31, T5N, IR65W of the 6th _P.M. , Weld
County, Colorado.
LOCATION: Approximately .25 mils south of Evans, west of Highway 85, north
of Highway 394
LAND USE: N River and vacant land/ residence
E Highway 85, railroad
S Residence, farmland, and vac-ant land
W Residence/farmland
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access to the sits is from Highway 394, a paved surfaced highway. There is
a cement drive that is located between the houses. There are a number of
residences located .5 mile to the south.
By: O.� 4 C oS4 J c
Be ie deBesche
Current Planner
111_
fir of cq\ %_w`t 44a S (?o€cn 4
(a.
i TOWN HALL
•• 5 119 MAIN P.O.BOX 717 LA SALLE,COLORADO 80645
PHONE: 303-284-6931
May 28, 1986
Debbie DeBesche, Current Planner
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
RE: Case Number SE-266
Case Number RE-874
To -Whom It May Concern:
The -Town of La-Salle Planning and Zoning Commission has reviewed the application
for a Recorded Exemption and Subdivision Exemption from Chester Hays, Ronolda
Neilson, and Gloria Hays Williams on May 15, 1986. It is the recommendation
of this Commission and the consensus of the Town Board that this proposal does
not comply with our comprehensive plan. The basis of this decision stems from
the fact that we are desirous of annexation of this and other parcels owned
by -these individuals, and wish an agreement from them to -that effect. Also,
we have sewer available in that area andif it is feasible, we would like
them to hook into it. As a gesture of their good faith, we hope they will
annex the _grocery store property immediately.
The consideration of the above mentioned items by all concerned parties is
appreciated -by -the Town of LaSalle.
LaSalle Town Board
LaSalle Planning and Zoning Commission
/cp
C: ` 26 1986
Weld to. Malin I emfissiae
REFERRAL -LIST
APPLICANT: Chester Hays, Ronolda Neilson, and Gloria Hays Williams CASE NUMBER: RE-_874
SENT REFERRALS OUT: April 17, 11986 REFERRALS TO BE RECEIVED BY: May 6, 198b
NO SR NR NO SR NR
____ County Attorney
it X Weld County Health Dept.
Engineering -Department
County Extension Agent
Office of Emergency Mngmt
✓ X State Engineer (4_r _Air.; 41— ,,yyl.M
Division of Water Resources
1313 Sherman St. , Room 818
Denver, _CO 80203
/ X 'Town of -Evans
✓ c/o Galen Kane
P.O. Box 59
Evans, Colorado E0620
X. -Town of La Salle
l/ c/o Alberta Magill
P.O. Sox 717
La Salle, Colorado 80645
7.--
X _Lower Lathan-Ditch Company
c/o Thomas S. Opdyke
1309 10th Avenue
Greeley, CO 80631
_ Tri Area Planning _Commission
P.O. Box 363
Frederick, CO 80330
NO=No Objection
SR=Specific -Recommendations
NR=No Response
f_) 1 -3
-C1 TY op
� .11-. CITY OF EVANS
"� ` 370O GOLDE-N STREET P.O. BOX 59
EVANS EVANS, COLORADO 8062D
303-339-5344
COLORADO
May 1, 1986
Department of Pl-anning Services
Weld County
915 Tenth Street
Greeley, CO 80631
RE: Case Numbers -SE-266 and RE-874
Dear Ms. deBesche:
This is it response to your request -for a recommendation from the City of
Evans regarding applications submitted by IChester Hays, Ttonolda Neilson, and
Glori-a Hays Williams for subdivision exemption and recorded exemption under
the County regulations. Since the property involved is basically the same
and the owners are the same for both applications , this letter pertains to
both.
The -City of Ivans has reviewed the applications and supporting documents sub-
mitted and determined that the properties are outside of our Planned Growth
Area as they are located South of the South Platte River. Therefore, we do
not feel that it is proper for us to make a recommendation either for or
against the requests. We do thank you for submitting the applications for
our consideration as it helps us to keep informed of developments in the area.
Resspeectfully submitted,
Galen Kane
Director of Planning
and Building ��'
GK/kkl
0 '2,1986
Enclosures
Wits.SWIM
g�igsio�
•j-j \\ %we 4445 , 1� TOWN HALL
"2 t ' 119 MAIN P.O.BOX 717
r .!r i s' i'�I LA SALLE,COLORADO 80645
�0./.t— '-- • le PHONE: 303-284-6931
May 16, 1986
Debbie DeBesche, Current Planner
Department of Planning Services
915 10th Street
Greeley, CO 80631
RE: Case Number SE-266
Case Number RE-874
Dear Debbie:
Just a quick note to clarify the letter dated May 2nd in which the meeting
date of the Sown Board was incorrectly stated. The proper date of the Sawn
Board meeting in LaSall-e that will deal with the 'above mentioned referral's
will be May 27th. I foresee no problem in seeing that you received the
material we wish to be presented to you the following morning of the 28th
by 9:00 a.m.
Thank you for your understanding of this error an our part. Your coopera-
tion is greatly appreciated in the delay of a decision on the referrals.
Sincerely,
cak
Bruce C. Kama -da e. C
Mayor
BCK/tmp
tt
C-IC 151986
Weld Co.Plannin¢ Cnmmissioa
/ .F _
ti • %Oft(u ar -e TOWN HALL
t
�pm,c! t ) 119 MAIN P.O.BOX 717
�... .��f*�ik,'t��' r� LA SALLE,COLORADO 80845
Ol�yo�" I. PHONE: 303-284-8931
May 2, 1986
Debbie DeBesche, Current Planner
Department of Planning Services
915 1Dth -Street
Greeley, Colorado 80631
RE: Lase Number SE 266
Case Number RE-871
Dear Ms. DeBesche:
Please note that this letter is in regard to the applications from Chester Hays,
Ronolda Neilson, and _Gloria Hays Williams, for a subdivision exemption and
recorded exemption.
The Town of _LaSalle would like to request that any decision -on the above
mentioned applications not be finalieed until after the Planning and Zoning
Commission and Town Board have had the opportunity to review and reply. A
reminder once again of the meeting -schedule Tar the Town of LaSalle; -Planning
and Zoning C-ommission meets the thirst (3rd) Thursday of the month and the
Town Board meets the second (2nd) and fourth (11th) Tuesdays sf the month.
We ask that you defer action on this matter until after May 21st. The -Planning
Commission will meet on May 15th and send their recommendation to the Town
Board Tor approval on May 20th. After this time, a recommendation will follow
to your department as to whether or not this matter will comply with our
Comprehensive Plan.
The impact this proposal has on our community marmot be stressed enough, thank
you for your cooperation.
Sincerely, -
\ -----N)
Bruce C. Kamada
Mayor
ii-
BCK/tmp L.r+�( DL 19%
Weld Co. Pi
aunmg i, muusr w QQ
f-If l'x e 71:3
fr
RICHARD D. LAMM sit* O
Governor r' O' JERIS A. DANIELSON
* uco * State Engineer
*
/876
OFFICE OF THE STATE'NGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Rooms18
Denver, Colorado 80203
(303) 866-3581
May 16, 1986
Ms. Debbie deBesche
Weld County Planning Department
915 10th Street
Greeley, Colorado $0631
RE: Hays Exemptions, SE-266 & RE-874
NE 1/4, Sec. 31 , T5N, R65W
Dear Ms. deBesche:
We have reviewed the above referenced proposals to divide a D.727 acre
tract and a 0.9 acre tract from an existing 62.5 acre parcel . Both -newly
created tracts have houses and unregistered wells located on them. As long as
the existing wells have been used since prior to 1972 for ordinary household
purposes inside a single family dwelling, the irrigation _of not more than one
acre of home gardens and lawns, and the watering of domestic animals, we Have
no _objection to the proposals.
Only -one more well permit will be made available for the remaining 62+
acre tract. The creation of this tract would be considered the one-time
exemption for this -62+ acre parcel -and no more well permits will be issued
without augmentation, if any future splits are sought. This should be made a
part of county records so that it will show up in a title search. Prospective
buyers of this 60+ acre tract will thus te made aware of this limitation when
the title search is made. The well permit made avail-able will limit the
pumping rate to 15 s9pm and the use limited to fire protection, ordinary
household purposes inside a single-family -dwelling, the irrigation of not more
than one acre of home gardens and lawns, and the watering of domestic animals.
Sincerely,
Hal D. Simpson
Deputy State Engineer
HDS/JCM:pdt/7570I
cc: Alan Berryman
Steve Lautenschlager
mEmoRAnDumfeN
wineTo Weld County Planning Date April 22, 1-986
COLORADO From_ Health Protection Services ItijeQ feC
Subject: Case Number: RE-874 Name: Chester Hays, Ronol-da
Neilson, and Gloria Hays Willams
Health Protection Services will require -the following for this proposal:
It is the policy of this Department to recommend for denial
when the size of the property is less than one acre and an
individual _Septic Disposal system is used on -the site.
Weld Cu. Planning Commission
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
{/CASE NO. /r 79 RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or ty
pe only except for required
signatures)
Z (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: Section 31-5-65. A parcel of land located in the Northeast
Quarter (NE1/4) of Section 31, Township 5 North, Range 65 West of the 6th
Principal Meridian, Weld County, Colorado, lying west of U.S. Highway 85 and
North of Weld County Road 394.
TOTAL ACREAGE: 62 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
FEE OWNERS OF PROPERTY:
Name: Chester S. Hays
Address: Box H, Johnstown, Colorado 80534 Phbne: 587-4413
Name: Ronolda Neilson
Address: 18862 WCR #394 LaSalle, Colorado 80645 Phone: 284-6218
Name: Gloria Hays Williams
Address: Rt. 1 Box 169, Berthoud, Colorado 80513 Phone:
WATER SOURC-E: Larger Parcel Well Smaller Parcel Well
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic
PROPOSED USE: Larger Parcel Farming Smaller Parcel Residential
ACREAGE: Larger Parcel 62 Smaller Parcel 0.9
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 ) e_t?",
Signature: Owner or Authorized Agent
Subscribed and sworn to :before me this a-51- day of 2%re�A, , 19 .
(SEAL)
Y/Qhflie\, d. nil
Notary Public GOD g ih _�
My Expires Doi ,3 0 ICI 0 tmcit,T 1T
Commission
ti
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
The SECURITY ABSTRACT CO OF WELD COUNTY TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds the
following conveyances affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
See attached copies of Deeds #1894995 and #1894993 for legal description.
CONVEYANCES (if none appear, so state) :
Reception No. 1894993 , Book 970
Reception No. 1894995 , Book 970
Reception No. 2001267 , Book )060
Reception No. 2021047 , Book 1080
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion of
Title, nor a guarantee Title, and the liability of Security Abstract Company of
Weld County COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, Security Abstract Company of Weld County COMPANY
has caused this certificate to be signed by its proper officer this 21st day
of March , A.D. , 1986 . at 7:45 A.M. o'clock.
Security Abstract Company of Weld County
COMPANY
By:
A THORIZED SIZXTUFir
,sT
Section 31 - 5 - 65
A parcel of land located in the Northeast Quarter (NE1/4), lying west
of U.S. Highway 85 and North of Weld County Road 394.
The above described property currently owned by Thurman Hays and Co. ,
an Estate Partnership Trust, of approximately 62.0 (Lot B) acres is
to be broken down into two separate parcels for the purpose of selling
the smaller parcel, 0.90 acres (Lot A), which contains one residential
structure. This proposal is consistent with the policies of the Weld
County Comprehensive Plan because the smaller parcel will remain residen-
tial and the larger parcel will remain farmland. There will be no re-
duction of productive acreage, and therefore the zoning will continue
to be agricultural.
The Residential uses on Lot A are not inconsistent with current use
on either Lot nor the surrounding area since there will be no additional
structures constructed. This exemption will not be inconsistent with
efficient and orderly development. The existing water and sewage disposal
methods will remain as a well and septic system.
The exemption will meet the Flood Plain Requirements of the Weld County
Zoning Ordinance, as Lot A is located between the 100 year and 500 year
flood boundaries.
-,r.: Vim,
RECORDED EXEMPTION
v V oc(
SCALE I"=Co00' L•t%
'OA p
o
.
E
R
pk-P�� t
-0.9 ACRES
,, 019k
88 91 ACRES 3m:
5A,
cyi
rei,sr'f
sy
4'414
od
Goon-
R
LEGAL DESCRIPTION
ENTIRE PARCEL
All that part of the Northeast Quarter (NE}) of ticn 31, ItgAnthip 5 North, Range 65 West of the 6th
-P.M., Wald Canty, Colorado lying Wirt of the R3'1 of Hid cosy #85, North of WR #394, and ECEPT DG
-those parcels as described in Bock 22 under Page 423, Book 260 under Page 5)1, and Book 1407 under Page
13 of the to nL of the Weld Oarty Clerk and Recorders and also EXCEPITIZ the following dascrited
parcel of lard:
BEGINNING at the Northeast Corner (NE Cor) of said Section 31, thence by True
Bearings with the East line of said Section 31 as bearing South 0038'00" Fast with
all other bearings contained herein relative thereto:
Thence South 27°07'35" West, 1614.90 feet to a point on the North right-of-way
(ROW) line of WCR #394 and the centerline of and abandoned state highway. Said
poitn being the TRUE POINT OF BEGINNING:
Thence North 16°33'-57" West along said abandoned state highway centerline, 197.93
feet;
Thence South 70°30'23" West, 152.85 feet;
Thence South 12°19'32" East, 199.22 feet to a point on the North ROW line of WCR
#394;
Thence North 70°30'23" East along said North ROW line, 167.60 feet to the TRUE
POINT OF BEGINNING.
^"r 1,
JONES -WI NINGER 4A550CIATES 303-352-4700
Hello