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Home My WebLink About871051.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1042 - LARRY RULE 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. 1042 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 1042 was submitted by Larry Rule for property which is located in part of the SE} , Section 8 , Township 5 North, Range 67 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 145 acres and 4 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 following: 1) A Weld County Septic Permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations; and 2) 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 sixty days from the date of approval by the Board of County Commissioners. 871051 Page 2 RE: RE #1042 - RULE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D. , 1987 . BOARD OF COUNTY COMMISSIONERS ATTEST: �FInI WELD COUN , LORADO Weld County Jerk and Recorder JJJJJJ and Clerk to the Board Gordon` 'cy irman BY: LtQJ (�� I C.P7 rb Prom Deputy County Clerk APPROVED AS TO FORM: ene R. Bran ner EXCUSED Jacaueline Johnson County Attorney EXCUSE DATE OF SIGNING - AYE Frank tamaguchi 871051 DEPART).._NT OF PLANNING SERVICES yi ( PHONE(303)356-4000 EXT.4400 915 10th STREET uREELEY,COLORADO 80631 C. COLORADO August 19, 1987 Board of County Commissioners C �� Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #1042 Dear Commissioners: The attached application, plat and related items are in reference to a request from Larry Rule for a recorded exemption. The parcel of land on which this request is being made is described as Part of the SE} of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado, and is also known as Lot B of Recorded Exemption #359. The property is located approximately 2 miles west of the City of Greeley on Highway 34. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide a 149 acre parcel into parcels of 145 acres and 4 acres, more or less. In 1978, a recorded exemption was approved on a 159 acre tract which created a 10 acre tract and the 149 acre tract which is being considered. The 10 acre tract has a residence located on it. This request is to further divide the 149 acre tract into a 145 acre parcel, and a 4 acre parcel. Mr. Gary Bragdon wishes to construct a dwelling on the 4 acre parcel. Based upon the submitted information and policies of the County, the Department of Planning Service's Staff recommends the request be approved for the following reasons: 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: 871051 Board of County Commissioners August 19, 1987 Page 2 - The proposal is consistent with the intent of the A (Agricultural) Zone District in which the use is located. The applicant has stated in the application materials that this recorded exemption will allow additional financing for housing on this farm which has no improvements. - The use of the property for one residence and the existing farm will be compatible with the existing surrounding land uses. - The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the A (Agricultural) Zone District and with future development as projected by the City of Greeley and the Town of Windsor. The Town of Windsor Planning Commission has no objection to this request. The City of Greeley Planning Department has stated this site is outside of the Greeley Long Range Expected Growth Area (LREGA) . The Weld County Health Department and the State Highway Department have no objections to the request. - No overlay districts affect the site. - The proposed lots meet the minimum lot size requirements for land division. - The proposed land division is in compliance with the Weld County Comprehensive Plan which specifically allows a division of land to enable the property owner to provide a residence for workers employed at the farm. - The two lots proposed will have adequate access from Weld County Road 17 and U.S. Highway 34. — The proposed lots are not part of a recorded exemption within the last five (5) years. - There is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. 871051 Board of County Commissioners August 19, 1987 Page 3 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. A Weld County Septic Permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2 . 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 requirement 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 submitted, CXO/ni-ei Lanell J. Swanson Current Planner LJS:dy 871051 }„a t t ° 4..r ,. .c4 4, • 93 ° b R t pm, alp 5 • x �p z ;• pa! • a is 1� r+ zz •°iz e5 !. 78. . . . t' .,. F.••y ° � . .. I .. .�.�. . 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Ai+ :� 1� Y'� .� .y . y}} y.Y J` + C\ �f � ' �.0E t'• l t¢� �` T¢ fit• ~ y yY..t y 1.s 'd SF t ts ff . 1 dr. $ � �} � "S •�'% � 'H$+Nry i v F R 4,4-:;.40,.. f d va' a tiw } 1 a.ed 7 , f a a r 1.4 34 34 . �,4. » . ' ,w .- 1 871051 t, } FIELD CHECK FILING NUMBER: RE-1042 DATE OF INSPECTION: August 10, 1987 NAME: Larry Rule REQUEST: Recorded Exemption LEGAL DESCRIPTION: SE} of Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of U.S. Highway 34 and west of Weld County Road 17 LAND USE: N EL—DU Dairy, 3 residences E Weld County Road 17, alfalfa S One residence, U.S. Highway 34 W Farmground, 3 residences within .5 miles ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The terrain on this parcel slopes to the south and west. The land is currently being farmed at this time. Access to the parcel exists form U.S. 34 and from Weld County Road 17. Two cattle livestock confinement operations are located 1 .5 miles northwest at Weld County Road 15 and Weld County Road 60 and on Weld County Road 15 between U.S. Highway 34 and Highway 60 respectively. B r11 / ,---L2."4 JA-s J a 1 J Sw- son Current =nner 871051 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 ;Q( ) 00 � - /G 7 7 / CASE NO. PE - ( O`I a- RECORDING FEE ZONING DISTRICT c-o r, (k �.}.�� yq_1 RECEIPT NO. (0 3'`/4J 9 DATE d2 /y_iP7 APPL. CHECKED BY ,(1(1 -O-1 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: Attached TOTAL ACREAGE: 149.044 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: Larry Rule Address: 982 W CR 21, Brighton, CO 80601 Phone: 659-0451 Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel Greeley, Smaller Parcel Greeley TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Farm Smaller Parcel Residence ACREAGE: Larger Parcel 144. 912 A Smaller Parcel 4. 132 A EXISTING DWELLINGS: (Yes or No) No (Yes or No) No 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 ) (CL� ,rr -� Signature: ,caner or Autporized Agent Subscribed and sworn to before me this /5 day of ///.t , 19/1. JUL `' ", 1% ( li, , ( , / .0*87/ Not y Publi tweld Co, PlaaTog 0 r m scar, per} My Commission Expires SL) g/ //� 871051 LEGAL DESCRIPTION: The Southeast one-quarter of Section 8 , Township 5 .North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, except Recorded Exemption No. 0957-8-4-RE 359, recorded Dec. 22, 1978 in Book 855, Reception No. 1776551 , located in the Southeast part of said South- east one-quarter. Contains: 149 .044 Acres more or less. EXCEPT: The South 50.00 feet thereof reserved for State Highway R.O.W . and the East 30 . 00 feet thereof reserved for County Road R.O.W. LEGAL DESCRIPTION LOT 1 : A part of the Southeast one-quarter of Section 8 , Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as : ' Beginning at the South one-quarter corner of said Section 8; thence N00° 12 ' 18"E on an assumed bearing along the West line of said South- east one-quarter of Section 8 a distance of 600 .00 feet; thence S89°42 ' 0"E, parallel to the South line of said Section 8 a distance of 300 . 00 feet; thence S00° 12 ' 18"W, parallel to the West line of said Southeast ne-quarter of Section 8 a distance of 600 . 00 feet to the South line of aid Section 8 ; thence N89°42' 00"W along said South line of Section 8 0 distance of 300 . 00 feet to the Point of Beginning . 871051 Gary Bragdon 4106 22nd Street Greeley, Colorado 80634 July 21, 1987 Weld County Department pf Planning Services 915 10th Street Greeley, Colorado 30631 Gentlemen: This letter is to state that this proposed recorded exemp- tion will be consistent with the county comprehensive plan. This exemption will allow additional financing for housing on this farm which has no improvements. This recorded exemption is located in an area of such recorded exemptions and will provide for a new 1800 square foot home for this farm. We believe this use will be consist- ent with all other comprehensive plans of other cities and counties in this agricultural zoned district. This property will be served by the City of Greeley for water, the Poudre Valley REA for electricity, the Public Service Co. for natural gas and the sewer system will be septic. Thank you for your consideration. Sincerely, Stay 4i0‘.7c.a-- Gary Bragdon 871051 Larry Rule 982 WCR 21 Brighton, CO 80601 July 14, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: This letter is to respectfully request a 4 Acre recorded exemption on the farm I recently purchased. This recorded exemption will enable us to procure additional financing to provide housing on this farm. Thank you for your consideration. Sincerely,'171)_?e,( Larry Rule 871051 RECORDED EXEMPTION NO. 0957 - 8 - 4 - RE 1042 NW CORY SEI/4 EI/4 CO R. scc.s S89°52'11"E — 2609.72 SEC. II t"-N. Line , SE 1/4 E. Line I SE 1/4 N N N w a o N o to O NN LOT 2 I 144.912 Ac. ± N w v __ .— w 13 to v w1-01 o ti ° a O J 0 O 0 Z41 I0 N S 89°42'00"E 3°--0 LOT I . 4.132 Ac. A so.-1 o 0 3 0 0 CO o o - 10.324 Acres t HWY. a W 0 - LOT A R.O.W. 0 n Recorded Exemption 0957-8-4-RE 359) X300.00 —ll. —CUL�'HWT34— —/ SI/4 Cor.,Sec.$ N89°4200"W- 2613.65 ILS. LIne,Sec.B SE CO7- T5N, R67W SEC.IR' p- - PROPERTY PIN SET (L.S. 12330) SCALE : LOT I : 4. 1 32 Acres A LOT 2 : 144.912 .Acres ± 6= - N 5 4 TOTAL: 149.044 - Acres f . W C. ROAD e° .. . OWNER : ` LARRY RULE 982 W.C. R. 21 7 n o 9 BRIGHTON, CO. 80601 e S. V 3; ii LOT 2 LOT I Prepared By : ALPHA ENGINEERING COLD. HWY. 34 P. O. B. 392 18 17 f 16 FORT LUPTON, COLO. 80621 VICINITY MAP DATE: JUNE 29 , 1987 • SCALE : 1"3: 20001 N (FILE NO. 8-5N7-02) SHEET I OF 2 n 87iO51 RECORDED EXEMPTION NO. 0957 - 8 - 4 - RE 1042 LEGAL DESCRIPTION: Sr/2'5-777 The Southeast one-quarter of Section 8, Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, except Recorded Exemption No. 0957-8-4-RE 359, recorded Dec. 22, 1978 in Book 855, Reception No. 1776551 , located in the Southeast part of said South- east one-quarter. Contains: 149.044 Acres more or less. EXCEPT: The South 50.00 feet thereof reserved for State Highway R.O.W. and the East 30.00 feet thereof reserved for County Road R.O.W. LEGAL DESCRIPTION LOT 1 : A part of the Southeast one-quarter of Section 8, Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the South one-quarter corner of said Section 8; thence N00° 12 ' 18"E on an assumed bearing along the West line of said South- east one-quarter of Section 8 a distance of 600.00 feet; thence 589°42 ' D0"E, parallel to the South line of said Section 8 a distance of 300.00 feet; thence S00° 12 ' 18"W, parallel to the West line of said Southeast one-quarter of Section 8 a distance of 600.00 feet to the South line of said Section 8; thence N89°42 ' 00"W along said South line of Section 8 a distance of 300.00 feet to the Point of Beginning. Contains: 4. 132 Acres more or less. EY.EPT the South 50.00 feet thereof reserved for State Highway R.O.W. SURVEYOR'S CERTIFICATE: •.. I hereby certify that thisplat was prepared my p t..a under su er�•z_ r..en 1��p An 103 "':, _hat the samea.y is correct to the best of my knowledge and beFi84'1 J '.„,s4: ' K ��Tias+�_ a Cecil R. Crowe, P.E. & L.S. 12330 . • Eo OFf i,1# p PROPERTY OWNER'S APPROVAL: dJ ------- We, the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. /, Larry Rule the foregoing certification was acknowledged before me this /-L day of %G , 19 1,, . // 1 0 4y commission expires in /99, = A',e.v« 4 '''. s (' .\ 1 m s iii) y I ?Dlic, Wij Hess my hand and seal. � '-�4,,V ' COUNTY COMMISSIONERS' CERTIFICATE "" THE ACCO iZY •T I ACCEPTED AND APPROVED FOR FILING. C ++ + ' CO '' COMMISSIONERS rf` ''Ffl ►. ATTEST: COUNT LERK • • B DATE: (p - SHEET 2 OF 2 871351 City of GREELEY CIVIC CENTER, GREELEY, COLORADO 30631 (303)353-6123 Greeleil April 7, 1987 TO WHOM IT MAY CONCERN: This letter will confirm that the City of Greeley will provide water service via two water taps for Mr. Gary Bragdon for a ,parcel located in the SE 1/4 Section 8, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado to service a house and office for the lamb pens. Please contact me if you need additional information . Sincerely, Tri1274{H. Ryb Director of Water and Sewer MHR/pp J 871051 mtmoRnnDUru WilkTo Weld County Planning _ pate July 24, 1987 COLORADO From Health Protection Services Case Number:RE-1O42 Name: Rule, Larry Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Weld County Septic Permit is required for all of the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. jut_ ,`?, 9191 von try PI%,t�nttl4 s;+.tntmis�i�lt 871051 STATE OF COLORADO DIVISION OF HIGHWAYS IP"' "h C P.O. Box 850 r a z, Greeley, Colorado 80632-0850 N, n (303) 353-1232 x'',,, ',�V --;',fff July 28, 1987 Weld Co. - S.H. Rule Exemption NW Cor. C.R. 17 and Hwy. 34 Ms. Lanell J. Swanson DOH FILE 45100 Department of Planning Services Weld County 915 10th Street Greeley, Colorado 80631 Dear Ms. Swanson: We have reviewed the Larry Rule Exemption application, and we have the following comments. This exemption would create a 4.1 acre lot along State Highway 34 for the purpose of building a new residence. The proposed residential lot has an existing deeded 35 - foot access to S.H. 34 located one half mile west of Weld County Road 17. The existing driveway should be adequate to serve this residence, and no access permit is required. Thank you for the opportunity to review this exemption request. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, Albert Chotvacs D' rict Eng' eer l 1 ri District Planning/Environmemtal Manager cc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs L JUL 301987 - � � E Veld C6. Plamm(ik WIIMIISSIlli 871051 DEPAFI . .AENT OF PLANNING SERVICES lit ` (�(�[�[7L^7 PHONE(303)356-4000 EXT.4400 tis A I ^�S_'I I 07 915 10th STREET � � 111 1 "err h / GREELEY, COLORADO 80631 AUG 10 1987 Will 11 Weld Co. Planning Commission CASE NUMBER RE-1O42 COLORADO July 22, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Larry Rule for a Recorded Exemption. The parcel of land is described as part of the SE} of Section 8, T5N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Highway 34 and west of Weld County Road 17. This application is submitted to your 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 August 5, 1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson if you have any questions about this referral. Thank you for your help 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 our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Plea o the enclosed letter. 1 i Si. : - . L: ,�_�� !ia�1/1� 'gencyc:---)g-a O (11---Pail--e7 D- te: �`� ! 871051 4 r" "Ikea A ,City of GREELEY CIVIC CENTER, GREELEY COLORADO 80631 (303)353 6123 4 Greeley, July 29, 1987 Lanell J. Swanson, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Lanell: In reference to the Recorded Exemption request by Larry Rule, RE-1042 (City case number 24: 87) : 1. The site is outside the Greeley Long Range Expected Growth Area (LREGA) . 2 . Water service to the site is presently available. Thank you for the opportunity to comment. If you have questions, please call. incerelr, ✓ / olas LK. a Planner I NKM:mf 871051 Hello