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
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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
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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
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LEGAL DESCRIPTION MSJL(IY4 ` .64-
CASE NO, 26 731
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SOIL CLASSIFICATION
SOIL NO, IRRIGATED NON-IRRIGATED PRIME
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37 11:Es IV e —
47 ate „ ivQ Yes
51 lit e . - ; fie `(es
S2 1e V t e Yes
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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
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RECORDED EXEMPTION N2 08u1-6-2- RE 731 ,
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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 •
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I OT 'A' ji
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GALETON 9
LOT 6 OWNER:
CHARLES E. & BONNIE M.
GUSTAFSON
SECTI•N 6 11
24306 W.C.R. 74
o it EATON, CO 80615
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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
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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 ' '
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By; hq
Dated: "'WA, a ,
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