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HomeMy WebLinkAbout851042.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 731 - CHARLES AND BONNIE GUSTAFSON 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. 731 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 731 was submitted by Charles and Bonnie Gustafson for property which is located in the NW4, Section 6 , Township 6 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" , said plat to be recorded, and WHEREAS , this request is to divide the property into parcels estimated to be approximately 130 acres and 14 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 ninety days from the date of approval by the Board of County Commissioners. / fYh , Ye, Lif�i " 651042 Page 2 RE: RE #731 - GUSTAFSON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST. 7 examti `) WELD COUNTY, COLORADO Weld County Clerk and Recorder p.,..q \ 4(Anial and Clerk to the Board J_cq ine J•tson, Chairman 0,7 -K-n,ma (s y JtRR. rantner, Pro-Tem De 11/1- 14-14-*) l uty County e k =-el APPROVED AS TO FORM: C.W. K 7 '7 r Y w Cou y Atto ne F ank app uchi 851042 .�k DEPARTMENT OF PLANNING SERVICES g ( PHONE(303)356-4000 EXT. 4400 wY 915 10th STREET GREELEY, COLORADO 80631 k ti COLORADO */,. t'AS (4 A January 9, 1985 c ur Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Pe: Recorded Exemption #731 Dear Commissioners: The attached application, plat and related items are in reference to a request from Charles and Bonnie Gustafson for a recorded exemption. The parcel of land on which this request is being made is described as NWT, Section 6, T6N, R64W of the 6th P.M. , Weld County, Colorado. The property is located five (5) miles east of Eaton on Weld County Road 74. The property contains approximately 144 acres of Class IIe (prime) , IIIe (prime) , Ills and IVe irrigated and IVe, VIe and VIw nonirrigated soils. 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 130 acres and 14 acres, more or less. The smaller parcel is physically divided from the larger parcel by means of a concrete ditch, dirt ditch and field road. The applicants propose to sell this parcel. The larger parcel will remain in agricultural production. 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: 851042 Board of County Commissioners January 9, 1984 Page 2 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: - The 144 acres, more or less, under consideration will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing agricultural zone. The proposal. is also consistent with the intent of the Agricultural Zone District in which it is located. - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - North Weld County Water District has indicated adequate water service is available for this proposal. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from Weld County Road 74 and Weld County Road 49. The Department of Planning Services staff recommendation for approval is conditional upon the following: 851042 Board of County Commissioners January 9, 1985 Page 3 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 ninety (90) days from the date of approval by the Board of County Commissioners. Respectfully, at/ D James R. Mayer Current Planner JRM:rjg 851042 FIELD CHECK FILING NUMBER: RE-731 DATE OF INSPECTION: December 31, 1984 NAME: Charles & Bonnie Gustafson REQUEST: Recorded Exemption LEGAL DESCRIPTION: The NWT of Section 6, T6N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 5 miles east of Eaton; south of Weld County Road 74 and east of Weld County Road 49. LAND USE: N Crop production E Crop production S Crop production W Crop production ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to subject site is from Weld County Road 74 a paved road. Improvements are all on the smaller proposed parcel. Improvements consist of 2 residences, garage, barn and shed. The western portion of the smaller proposed site is in pasture. A concrete lined ditch, dirt ditch, and field road separates the smaller proposed parcel from the larger one. The ditches and field road extend from the west property line to the north property line as shown on the applicant's map. The larger parcel is in crop production. By: J Cu s R. Manner( Cu ent Planner 851042 23, 4 - [3M qI I ( !\ r - N20 r) / I/H\': N. , moh a -..),,mssV ��. (8 l'I\ .\ , I \ J1/ t 9 <e O 25 1 \�4 I/ i �.. Ii 2IHK a8 DH-8H -�( i :� � vP __ / �, l Io \ °' \� / pp �_ «� � � k`.. 5 `� v JV � — 14809 l �� 1 ) i; �� -_-�� 311 �' N Clt aeo ! '� J . J 1� / I I (( J isev \\\-___ V�! � _ _ 74e f• i 777IJL± $= 1 A � . �� lk I\ L,,r I , !4]99 i ill ' y I \ 'F. i , — --- � v 11 , - - V I LEGAL DESCRIPTION MSJL(IY4 ` .64- CASE NO, 26 731 r 32 yI ' 6 3 E 57 07 " p µ 46 f4:11:2" 37 4t44- 51 67 I :,;• ! 52 y 52 5. 4 4 4`1 47 '4. 52 #F 47 n ^ -: ' L' d • <�+ _ SOIL CLASSIFICATION SOIL NO, IRRIGATED NON-IRRIGATED PRIME 4 — V► w 37 11:Es IV e — 47 ate „ ivQ Yes 51 lit e . - ; fie `(es S2 1e V t e Yes 57 - vt Q, 851042 F .ICATION FOR RECORDED EXEMPTIL PHONE: 356-4000, Ext. 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: Northwest Quarter (NW}) of Section 6, Township 6 North, Range 64, West of the 6th P.M. , Weld County, Colorado. Exact legal of the 2 parcels to follow completion of survey. See attached air photo of intent. TOTAL ACREAGE: 144 acres more or less 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: CHARLES ELMER GUSTAFSON and BONNIE MARIE GUSTAFSON, as Joint Tenants Address: 24306 WCR #74, Eaton, CO 80615 Phone: 454-2068 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel 1']0 Weld 'ruinsad Smaller Parcel North Weld TYPE OF SEWER: Larger Parcel Septic — PrePesed Smaller Parcel Seprc PROPOSED USE: Larger Parcel Irrigated farmla Smaller Parcel Residence & Farmland ACREAGE: Larger Parcel 130 A.+ Smaller Parcel 14 A.+ 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 ) Signature: Owner or Authoriz Agent Subscribed and sworn to before me this day of Irk<1 c- , 19!?7,7 (SEAL) No y Public My Commission Expires May 26,198! My Commission expires: 851042 bruce " JOHNSON & ASSOCIATES 801 8th Street — Suite 220 • LAND RESOURCE SPECIALISTS Greeley, Colorado80631 (303) 356-6110 December 6, 1984 Mr. James R. Mayerl Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Mayerl: Attached is an application for Recorded Exemption on farmland owned by Charles and Bonnie Gustafson. They have entered into a contract to sell the buildings.andfourteen acres more or less. Gustafson's will then move to town, for they both work in town and no longer farm the farm. Time is of the essence in this transaction, therefore the application is being submitted now and the survey will follow, pending the weather. This proposal, to the best of my knowledge, is consistent with the policies of the Weld County comprehensive plan and is consistent with the intent of the zone district in which the subject property is located. The farm has historically been operated as an irrigated farm and both parcels' will con- tinue to be operated as an irrigated farm. The existing surrounding land is irrigated farmland and thus subject property will conform to the surrounding land use. All of the adjacent land is irrigated farm land and will remain irrigated farm land as per the adopted master plan of Weld County. Subject smaller and larger properties will each have their own irrigation water and carrying rights. This split will not be inconsistent with efficient and orderly development in the immediate area, nor any other area. Please see attached letter regarding domestic water (North Weld County Water District) and septic tank requirements. The subject property is not located in a flood plain; nor within the Weld County Airport overlay district for it is 8 miles north of the airport. To the best of my knowledge, subject property is not near a geologic hazard nor affected by the Weld County Zoning Ordinance overlay district regulations, unless Galeton qualifies. Subject property is one-half mile west of Galeton, Colorado. If you need any additional information that I overlooked or is necessary to explain this request, I will be happy to gather such for you. Thank you for your assistance.. S ncerely, �y�� A. Bruce JoKnson ABJ:jr enc. Colorado-Nebraska • Farm & Ranch • Water 851042 Appraisals • Sales • Exchanges • Minerals • Consulting C7 a .__ Bruce JOHNSON & ASSOCIATES 801 8th Street — Suite 220 LAND RESOURCE SPECIALISTS Greeley, Colorado 80631 (303) 356-6110 December 12, 1984 Mr. James R. Mayerl Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Mayerl: This letter is a followup to my earlier letter, regarding the Application for Recorded Exemption on property currently owned by Charles Elmer Gustafson and Bonnie- Marie Gustafson located at the Northwest (NW}) of Section 6, Township 6 North, Range 64, West of the 6th P.M. , Weld County, Colorado. The reason for the size and shape of the smaller portion,(14 acres, more or less) "Lot A", is due to the present and past irrigation structures on subject property. The southerly boundary of Lot A is the lateral ditch which supplies water for both Lot A and Lot B. From a flood or row irrigation method of irrigation this split is the only reasonable split. The water comes to the subject property from the west at the southwest corner of Lot A and an existing water division structure is currently just east of this site which allows the water to be split. The purchasers of Lot A want some alfalfa land to raise hay for their sheep and horses. Therefore, the split is a reasonable and natural split. Also there is a roadway along this proposed border which would serve both properties. If you have any further questions, please give me a call, for I am happy to help. Sincerely, tar izC f[ I */4"7 A. Bruce Johnson ABJ:jr 7177/4 e Colorado-Nebraska • Farm & Ranch • Water 851042Appraisals • Sales • Exchanges • Minerals • Consulting Let %r L.,4 a Lt 'to \----•'# � A.,fi ' f a",•3 w N r—Y'�a3i { 4 4�a f �Y\yyt,.y, y1..J' • 3^4 Xf�Y a„+ k '�""ti r F x i r• '5r -„..-1s fiir ""L TI',:�.o � � ..1 t. "Y�.~x ,,v ! ie` y r� c � �• .� "r e atvfl IF 'F - 'L�r r Y. 1;Ate- - t • te"ii__▪ t . ! xas4 S. }r �' b� c ,'ft V• � )w�} `4 Y�4"fti_ 'A 'A Ifitili 1s `T s a `p K,'zg' ,i I i c to F r t f »a c < ` t. .. IMII qq ♦ay,,,j Yr : . 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Qo.� LalPval \1 -- _- _ �iE--3r*2 Road' D,+-V D;1ch froposeoi Sf) k1 c-o 3P4 5 Nor+h frs4 a4 i A A L "An'CN so4-Ll, d;Jc�, Noad wt. y C - - - - - - - -) av d UDC 7N c) av,d49 . "17- 0 Flou7 1_a yon \. Ne�ti NUS y C Cede. w o-P Sec71-iov 851042 6 rwp61N , R-3 (i2yw RECORDED EXEMPTION N2 08u1-6-2- RE 731 , �� 0 3i i re 8 T.FO.B. N.W. COR. 6-6-64 _ W.C.R. 74 S88°59'03 W 1684.38 N07°59'50"E 234.32' 3 g °°_ N84°182111 E 33.28 LOT 'A' N45°11'03"E 34.66' N: / N 70°43'3711E 47.45' o w 1$•32± AC. n -- S86°42'12' E 95.50' p ' ? 1- N47°48'22' E 181.20' m i Hb95 2�T 20' ACCESS EASEMENT °41 2 -N 39?.32'02° 1354.81' 393.67 N 75°44'25"E 83.56' -► 4-60'R.O.W. N.W. 1/4, SEC. 6 - 16 N.- R. 64W. LOT 'B' 126. 14± ACRES 1 I SCALE: I"= 400' W. 1/4 COR. II 6-6-64 LOT 'A' = 18.32± ACRES LOT 'B' = I26. 14± ACRES o� TOTAL = 144.46± ACRES W • TI r W.C.R. 74 _ I OT 'A' ji DR ■�� 3: GALETON 9 LOT 6 OWNER: CHARLES E. & BONNIE M. GUSTAFSON SECTI•N 6 11 24306 W.C.R. 74 o it EATON, CO 80615 z ce' z to v ' 3 z 3', 4 SCALE: I"=2000' 3 e• F- - W&R.7• a RGE. 64 W. o ,iLuceRNe 7.2t47.. VICINITY MAP 851042 PRO.'-^T NO. j9947173 , FREESE ENGINEERING DEC. 28 1984 `. SHEET I OF 2 RECORDED EXEMPTION N ° ObOl-6-2- RE 731 4 LEGAL DESCRIPTION The Northwest Quarter (141414) of Section 6, Township 6 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado. Said described parcel contains 144.46 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. Or LEGAL DESCRIPTION y/ gC LOT "A" fl ?Iii of the Northwest Quarter (141414) of Section 6, Township 6 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) , also known as TRUE POINT OF BEGIN- NING, of said Section 6, and considering the West line of the Northwest Quarter (NIA) as bearing South 00°00'00" West, and with all other bearings contained herein relative •ihereto: Thence South 00°00'00" West, 537.81 feet along the West line of said Northwest Quarter (NW1 ) ; thence South 85°41'26" East, 354.81 feet; thence North 89°37'02" East, 393.67 feet; thence North 75°44'25" East, 83.56 feet; thence North 69°55' 12" East, 522.77 feet; thence North 47°48'22" East, 181.20 feet; thence North 84°18'21" East, 33.28 feet; thence South 86°42' 12" { East, 95.50 feet; Thence North 70°43'37" East, 47.45 feet; thence North 45°11'03" East, 34.66 feet; thence North 07°59'50" East, 234.32 feet to a point on the North line of Northwest Quarter (NA) of said Section 6; thence South 88°59'03" West, 1684.38 feet along the North line of the Northwest Quarter (NW1 ) to the TRUE POINT OF BEGINNING. Said described parcel contains 18.32 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. SURVEYOR'S CERTIFICATEtnif e�j�+ I hereby certify that I have prepared this legal description. 0q ° Ift (0 "a- J SP ESE % *I Co ora• • P.E. 8 L. Jy,6' ,2 v4� °C 9 °b*EER►Nti° I PROPERTY OWNERS' APPR op COLOR." We, Charles E. Gustafson and Bonnie M. Gustafson, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attach- ed map. CZALI Charles E. Gustafson,��/� Bonnie M. Gustafson The foregoing certification was acknowledged before me this �rday o , 1Ty 1984. Witness my hand and seal. / '( My Commission expires: slat. miry COUNTY COMMISSIONER'S CERTIFICATE The accompanying plat is accepted and approved for filing. ATTEST: ' Ib\°(‘ \ ' \ • B IdMA ^ t County Clerk: Board of County Commission,Rar ' ' k By; hq Dated: "'WA, a , .% {3 , w i. , 851 Hello