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Home My WebLink About950753.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1711 - MCQUEARY 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 #1711, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #1711 was submitted by William I. and Ann McQueary, Sr., 14523 Weld County Road 16, Fort Lupton, Colorado 80621, for property described as Tract A of RE #177, which is located in the EA of Section 28, Township 2 North, Range 66 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 70 acres and 2 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 Recorded Exemption #1711 submitted by William I. and Ann McQueary, Sr. be, and hereby is, approved conditional upon the following: 1. Prior to recording the plat, any existing septic system which is not currently permitted through the Weld County Health Department will require an Individual Sewage Disposal System (ISDS) evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system shall be brought into compliance with current ISDS Regulations. 2. The access agreement between the Eichmans and the McQuearys shall be amended to clearly state that the easement across the Eichmans' property is for the benefit of and to provide access to both Lots A and B of RE #1711. Said amended agreement shall be recorded in the Office of the Weld County Clerk and Recorder prior to recording of the plat. The easement shall be shown and the amended agreement shall be noted on the plat. 950753 RE1711 �� ; PL_5 McQl'vy RE: RE #1711 - MCQUEARY PAGE 2 3. Prior to recording the plat, the applicant shall show on the plat the following access easements: a. A common access easement providing access to and for the benefit of both Lots A and B across the property described as "An undivided one-half interest in a strip of land 20 feet wide and 1350 feet long off of the east side of the SE% of the SW% of Section 28, Township 2 North, Range 66 West of the 6th P.M.", as conveyed to the McQuearys by deed recorded May 23, 1978, at Book 832, Reception No. 1754294 in the Office of the Weld County Clerk and Recorder. b. An access easement providing access across Lot B to and for the benefit of Lot A. Said access easements shall be dedicated on the plat for the use as shown using the language set forth in Section 11.7.12.5 of the Weld County Subdivision Ordinance. 4. 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 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 5. Prior to recording the plat, the applicant shall obtain building and zoning permits for the mobile home which is currently located upon Lot B. 950753 RE1711 RE: RE #1711 - MCQUEARY PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: /04(d„A Weld County Clerk to the Board APPROVED AS TO FORM: L Co my WELD COUNTY, CsLORADO Dale K. Hall, Chairman pill /eicreeJ. Kirkmeyer, P Geor ge Baxter FXCIiSFII IlATF nF SIMIINr, (AYF Co tan ILAY W. H. Webster 950753 RE1711 CONDITIONS OF APPROVAL RE -1711 MCQUEARY 1. Same. 2. The access agreement between the Eichmans and the McQuearys shall be amended to clearly state that the easement across the Eichmans' property is for the benefit of and to provide access to both Lots A and B of RE -1711. Said amended agreemment shall be recorded in the Office of the Weld County Clerk and Recorder prior to the recording of the plat. The easement shall be shown and the amended agreement shall be noted on the plat. 3. Prior to recording the plat, the applicant shall show on the plat the following access easements: a. A common access easement providing access to and for the benefit of both Lots A and B across the property described as "An undivided 1/2 interest in a strip of land 20 feet wide and 1350 feet long off of the East side of the SE1/4 of the SW1/4 1 /4 of Section 28, Township 2 North, Range 66 West of the 6th P.M.", as conveyed to the McQearys by deed recorded May 23, 1978 at Book 832, Reception No. 1754294 in the Office of the Weld County Clerk and Recorder. b. An access easement providing access across Lot B to and for the benefit of Lot A. Said access easments shall be dedicated on the plat for the use as shown using the language set forth in Section 11.7.12.5 of the Weld County Subdivision Ordinance. 4. Same. 5. Prior to recording the plat, the applicant shall obtain building and zoning permits for the mobile home which is currently located upon Lot B. 950753 fi�6w W1�Yc COLORADO April 5, 1995 Board of County Commissioners 915 10th Street Greeley, CO 80631 Subject: RE -1711 Dear Commissioners: DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 This application for a recorded exemption is submitted by William I. and Ann McQueary, Sr. The parcel of land under consideration is Tract A of RE -177 being in the E2 of Section 28, T2N, R66W of the 6th P.M., Weld County, Colorado. The property is located west of WCR 31 and approximately 1/4 mile north of Weld County Road 16. This request is to further divide Tract A of RE -177, into two lots of 70 acres and 2 acres, more or less. There is an existing dwelling on both proposed lots. Lot B will also remain in agricultural production. The applicant indicated in the application material that they are nearing retirement and they need to separate the parcel in anticipation of sale or rental of said home. The subject property is Tract A of RE -177, which was approved by staff in 1975. The approval of RE -177 divided a 131.34 acre parcel, more or less, into 71.65 and 59.69 acres, more or less. The applicants are now requesting to further subdivide Tract A of RE -177 into two parcels of 70 and 2 acres, more or less. Individual wells provided water to both proposed lots and septic systems provide both proposed lots with sewage. The Department of Planning Services' staff recommends denial of this proposal based on lack of efficient and orderly development, noncompliance with the agricultural goals and policies, and noncompliance with the transportation goals and policies as stated in the Weld County Comprehensive Plan. RE -177 created two parcels which have no direct access onto a county road. Access to these parcels exists from access agreements or easements across adjacent property. The proposed recorded exemption, RE -1711, will access from Weld County Road 16 via a strip of land Service, Teamwork, Integrity, Quality 950763 RE -1711, McQueary Page 2 20 feet wide and 1350 feet long. Maintaining a long access may be difficult. The applicant also has an access agreement with the property owner south of and adjacent to proposed Lot B, to access across the west side of the property. The proposed recorded exemption must also include an access agreement between proposed Lot B and proposed Lot A. By creating multiply access agreements the proposed lots have the potential to become landlocked. The applicant has not demonstrated that this request in consistent with efficient and orderly development. Splitting land in this manner and creating a lineal subdivision with multiply access agreements is clearly not efficient and orderly development. Additionally, the applicant is evading the intent of the recorded exemption application process by creating multiple lots without utilizing the subdivision process. This results in an area of piecemeal type development that opposes the intent of the A (Agricultural) zone district, the Subdivision Ordinance, and the Weld County Comprehensive Plan. The Department of Planning Services' staff requests that the Board deny this request. Respectfully submitted, l\Ft _ A) v,,,1/4s( Shani L. Eastin Current Planner Service, Teamwork, Integrity, Quality 956753 April 5, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Board of County Commissioners 915 10th Street Greeley, CO 80631 Subject: RE -1711 Dear Commissioners: This application for a recorded exemption is submitted by William T. and Ann McQueary, Sr. The parcel of land under consideration is Tract A of RE -177 being in the E2 of Section 28, T2N, R66W of the 6th P.M., Weld County, Colorado. The property is located west of WCR 31 and approximately 1/4 mile north of Weld County Road 16. This request is tofurther divide Tract A of RE -177, into two lots of 70 acres and 2 acres, more or less. There is an existing dwelling on both proposed lots. Lot B will also remain in agricultural production. The applicant indicated in the application material that they are nearing retirement and they need to separate the parcel in anticipation of sale or rental of said home. The subject property is Tract A of RE -177, which was approved by staff in 1975. The approval of RE -177 divided a 131.34 acre parcel, more or less, into 71.65 and 59.69 acres, more or less. The applicants are now requestiong to further subdivide Tract A of RE -177 into two parcels of 70 and 2 acres, more or less. Individual wells provided water to both proposed lots and septic systems provide both proposed lots with sewage. The Department of Planning Services' staff recommends denial of this proposal based on lack of efficient and orderly development, noncompliance with the agricultural goals and policies, and noncompliance with the transportation goals and policies as stated in the Weld County Comprehensive Plan. RE -177 created two parcels which have no direct access onto a county road. Access to these parcels exists from access agreements or easements accross adjacent property. The proposed recorded exemption, RE -1711, will access from Weld County Road 16 via a strip of land Service, Teamwork, Integrity, Quality 950753 RE -1711, McQueary Page 2 20 feet wide and 1350 feet long. The applicant also has an access agreement with the property owner south of and adjacent to proposed Lot B, to access across the west side of the property. The proposed recorded exemption must also include an access agreement between proposed Lot B and proposed Lot A. By creating multiply access agreements the proposed lots have the potential to become landlocked. The applicant has not demonstrated that this request in consistent with efficient and orderly development. Splitting land in this manner and creating a lineal subdivision with multiply access agreements is clearly not efficient and orderly development. Additionally, the applicant is evading the intent of the recorded exemption application process by creating multiple lots without utilizing the subdivision process. This results in an area of piecemeal type development that opposes the inent of the A (Agricultural) zone district, the Subdivision Ordinance, and the Weld County Comprehensive Plan. The Department of Planning Services' staff requests that the Board deny this request. Respectfully submitted, Shani L. Eastin Current Planner Service, Teamwork, Integrity, Quality 950753 ,A•„.241.11•1 i w • 4 1. sk •35 .• lrl 4 - �CA> I G I Tot G • ip 1 [yam w �r • w'I' > i 1 /y 1 '• wIA w 140 G I a'}. •o r� p - a q= • • •i wE� cc I L. G •_/ 7.01100.•l (▪ i• 1 i w I Sol yy•1i • /•('',.._ 5• y • 1:1�%, ' - ,I y • 23 vn yn+vn .. • w Q� ti. •. G' . G G • w• ••J G G6 ,• p G G . • . •.h. 7 W I i�. F ., 30 <R15T0CR,i \ R,NCHETOE ;t i • i S0NRY -- 4 J ; c' f , ? REES 0 ••?� e 4C R6S f T a • r' 4 Ra .o . _. • 1 °H 01° == I : •� • l p 120 - 90 3. 35 LGC �.��. LIaINE. NE.t�'ob4 It R 66 W 2, I: Y r r � •(.../ C 0 U R65W. N T Y F I° . • •G -'- ,•c.n• .a�r•p• ••. "- M' W 1• T1 950753 0390 4882 •PrterSch' APPLICATION FOR RECORDED EXEMPTION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone (303) 353-6100, Ext. 3540, Fax# (303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY: APPLICATION FEE $ gi 1 RECEIPT NUMBER gra RECORDING FEE %'CAZONING DISTRICT �F /7 ) f RECEIPT NUMBER &708 a U Q ( i n�a-h-tvaa) APPLICATION CHECK BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we), the undersigned hereby request that the following described exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION fec. A14cc)_irecr TOTAL ACREAGE: 73 property be designated a recorded Has this property been divided from or had divided from it any other property since August 30. 1972? Yes ✓ No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes V No FEE OWNERS OF PROPERTY: Name: i>Jl��ic.m ,Tr \* [Yilecrj Se Address:_S&aa W C IZ it, 1--4- licaytrn, C() ULa Name: Address: Arna___LLI_Ornenni I {5 3 Lick it. F4. Lu Co go&a/ Water Source: Larger Parcel (11 e I 1 To. f Smaller Parcel We 1 I Type of Sewer: Larger Parcel Se p4-rc - Smaller Parcel Se ; G �`� eSici den cc_ Use Larger Parcel Gr-P�l�� n`' y SY Ic ,n �hf r Smaller Parcel re5,r(enc Acreage: n ;ar?ar:e' 74 rivn ct Smaller Parcel L flpf<< x Existing Dwzllings: (/es or No) Y:° (Yes or No) Ye,7 I hereto i state that all stk,:.;m:nh;, proposals or plans submitted with this application are true and correct to the best o my know6:dge. �I rFEBaiKTT‘i 1995 Signature: Owner or Authorize gent 950753 RECORDED EXEMPTION QUESTIONAIRE 1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used. (Je. Lk, w=.,,a0e S`•o.-, ��.� C✓�si, �i lo.e,c V ''II Yr,n.c G>r pG\Lohle_ l�Ji-�In cU.- �, S�ye�5 . e_ � car r rG�,-c.-�,��, ��ne .��mra f�Ce ,'i' O,4 .QC c::.� � alp -^.v r^r._iubSThr 54• 1^,omL` We 't c pgrCE1 2, Describe the location, size and present use of the area where each proposed new lot will be created. UJC .* our Qro.QC :4.i Pq•Pos- Icid.„00 , OCY C. -:�,YYQ\ 2, 3 Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. Re_-l\r\f' p, e eflr +•� 5-.1f.5r 3,- 0, \ ivt or` or sell a�m SC\I 'itor O E. �1 nylE_-k a�rl..t C4uX'-"\�` \ U VP, c•rre-5'-kc'• —TO c.-0LJicAC re51de cc: !ov A,,ec_A ✓Ye, A05'r 01,3 �� Foe m +Pr,n �� L° bib( �P,_ wnf)Hvicti 44 C,fr: , 4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. S Ur lOU r. C1. a Nr nl i ��E, f.t l _`,G <.c`,c1U � \U54- Yl or oUS Q\ U5�r� AC CC!. YO0a 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. U3 n 6. Explain how the proposal is consistent with efficient and orderly development. bOYAer, ,) n a K `,netvc O 7. Explain how adequate provision for the protection of the health.. safety, and welfare of the inhabitants of the neighborhood and the Countywill be accomplished. I I I (Z I\ Jcout ,_,.., o0 -Q` W�ldl nU l �i a�TV Y,, t. o �i h CI,1 GGLIL 4co4\' r. i!',-L{, �y�Gu?`o „oil( b \/35F., C 950753 lit�QiY � (/ 3„9b,Vi,0S U7 in Q1 Q) N ALBERT G. MULLIN, A TRACT OF LAND BEING A PART OF TRACT "A" OF RECORDED EXEMPTION NO. 675 S. 5TH AVE. 1309-28-1-RE177, AND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 28. BRIGHTON, CO 80601TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M.. WELD COUNTY. (303)659-2542 COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER AND CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO BEAR SOUTH 89'52'05' WEST. WITH ALL OTHER BEARING CONTAINED HEREIN BEING RELATIVE THERETO: THENCE SOUTH 89'52'05" WEST, 2638.98 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER, MORE OR LESS: THENCE SOUTH 00'14'15' EAST. 175.79 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 82'56'16" EAST, 389.87 FEET THENCE SOUTH 01'57'36" WEST. 272.49 FEET THENCE NORTH 88'50'57' WEST. 376.92 FEET THENCE NORTH 00'14'15' WEST, 299.55 FEET TO THE TRUE POINT OF BEGINNING. IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR 40L06" -sr fl mnwr c.aaa, AAVID Lart-c r+M AND ANN �9' Q4tAAY THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, V I AND THAT IT IS NOT TO BE RELIED UPON UPON FOR THE ESTABLISHMENT OF FENCE. BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE o SN n £ „5.9, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL. EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE ABOVE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES. EXCEPT AS INDICATED. AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. » —^^ p U] nnw u?E P<S 26970 c'8 .zicit /9- 23 389.87 4 DN15 Pm CE L sS--d-w -z a ,4CConO?ZNH re "/"..a_sip 0owA y, Nnri FOR - +E CO cttanrye'?�' IMPROVEMENT LOCATION CERTIFICAT OF 14523 WCR 16 376.92 N86"50'57"W 950753 CJ (' 1 r 20.13 0 at 0 RI SW C0R.,NI/2 SEC. 28 T2N,R68W W. C. b a a a S00°05l7"1M- 11/4 CON. MI -ENS BRIDGE PARCEL os n _ Contains: 0.919 n ( 40,027.89 00 RD. 16 Qa�aOOcoo TREES 950753 O MAY 2 3 1978 ,3O Benth M Rennie. N._. _4.754294 / MARY �ANN FEUERSTEIN Its& Ol/D RR UTYY. MI" Mettle Mdethr 15th dayd Mayla the year lad J. V. WALL. JR. AND CLARA WALL, one thoosa.d Mae bw.dnd aid seventy-eight Irwin husband and rite, whoa teat adder le 1225 Snowbank Court . Cetera. of Longmont , and a the (k,daty a Boulder and BMW of Glossa•, of the Sat pan, sad WILLIAM I. McQUEARY, SR. AND ANN McQUEARY whose meet address is 14523 Weld County Road 16 Cey or Town of Port Lupton , end of the Comely of Weld sad State aCol orado, of the .end pan: WtOraaW4 That the ad part ie a of the 6d pmt, fee sad io a Sdentha of the eon of ONE HUNDRED TEN THOUSAND AND NO/100 - __ __ -DOLLARS, to the add ponies of the dra part la had paid by the mad parr, of the wend pan, the nos wh,mnf is hereby eoe. Said sad .aawhare�r hathe ve marpaite of tb asold e d aawyd, sad W by are perste de ant. Iona. all pan, on ie warn le ,Dome bra lo rat teraaey, the ernivee of than, their ripe sad the Yrie ad adage a atl ea t or Irw, a the 6Mles deter Ira w pared of hod dare., bias ad being la the Carty of Weld sad Stalooff Cdoads, Wits Tract "A" of Recorded Exemption No. 1309-28-1-RP177 rocorded May 13, 1975 in Book 738 as Reception No. 1660263, being a part of the East IS of Section 28, Township 2 North, Range 66 West of the 6th P.M. TOGETHER WITH an undivided Is interest in and to a atrij of land 20 fest wide and 1350 fest long off of the East side of the 8Ek of the 8404 of Section 211, Township 2 North, Range 66 West of the 6th P.M., TOGETHER WITH 22 shares of the capital stock of Fulton Irrigating Ditch Co. EXCEPT all oil, µs and other mineral rights. Stale Docummp pe DO1e _ MAY 2 3 1978 s !l.00 r Tegrher with ae awl eedddeadeer the he weadeder - sseb rd epperre as thereto belaers, w la aerie nS IndJa saddread wherever of the aid d the fret an, erwarn tread, eq p, the oeyte, .Wapt, web rapist peed► -R with W lateen mew Seer hwvdtearre ad apptaaar h•n. ehle law or equity, d, le rd r thaaiew V. Ssa care as Std/ the aid pair Then berpLad ad dhaa bed, with the eppert s. mate the W pea el W sexed pert.obwernre Us, Wei swipe err, help ad Set dal soave faerr. W the meld yen Ws d W 6d pr. We [hearer their boo ewe,, ad deiWde, do earret, net, barge al en is end with De aid peer d re weer put, the aatiwrel Oath* arra awl the hake ad woo deers sedrer, Ma se Me er d the ewers ad diary of there p.ts they are miaow dOapoem err _.J. sad rad, wer petted. rake ad Waked* eater re itteriteare.S hose, term Ample,, d bee Sad rWL foss pus awl red{ weer, 1e peKaMSls.tl ad awry therms is rawer ad fa aideasiLfe re eaw a to *ad dew al hperr crawl ether Ya ions, r`esst i t�nand ri htp of away of record; excrt. vat i� lest eed oe trustees ad second . eof r�...Letrust. Diet sad perroble thew, tbi ripe sad the hens W ware dt veer s e the evaidery ry pa d a. asses pen, die warneddart ea e Sim tea flab a miler a ad Bray prat a per Meal BO was a DIED.la flaws air pet thaw. as ate miles d the den yam dos d a0 WARRANT AND /ORRt13 what The W part ies of the den pen he ye hexer at arm the dq rd yam duet else Seth l /t tliety leads W _... Otis; lards ePress aDid le ea ►rd E, /G` - - • J. 'N. Wall, (,J(rr., • OTAD • :p y: i. HLIGi e re or. Ce..";. 1x4Rmtv,alo aaa r CIardl 4fi Wild". SIAM 6r OOLOSASO, Oser d AO, . _ ri laps, feet woe eekaeleepl ... mfg y _J..ifWall, Jr, _end Walejail, ,. husband and. wife. .... ..... velar my her W Skid uy ,mama mart AAr11 22, 1979.y WARRANTY OQO TO JOINT van ,ns.mc. camas ant eat a Lases- Ob. =rat. William I. 6 Ann Mrfp.asrs_ 14523_Weld.,Ca.R (a song 8062 tea 9a�lrl el P P O 0 0 3/ 3036546171 ADAMS CO. TREASURER 500 P01 MAR 2U • 95 08:11 TD: Sh4+•1 Eta-‘ 0/1 Lit."‘ FAX I: SS2-/oS1r� Fm: Jn11f }'ice O0�a�! FAX 6: 4,5`t / "77 Rime PAGE: / PAGES INCLUDING ece 1°5-4-L4d ! ) i We Harold and Nancy Eichman agree to grant acc or easement to William I Mc Queary Sr. & Ann other interested parties for the purpose of i on the west side of Parcel A Recorded Exempti 7'98. This would be about 20 feet wide to the long from north to south. Harold Eichman Nancy Eichman {{S t l b-tVAC /`�„ �..- •4 kJ\ \ C QU@Gr1 March 27, 199,5 ess right of way Mc Queary or ngress & egress on # 1309 -28 -4 -re west and 220 feet , C c p1, / aG ' &ad athotaLifc yot //Az/ ‘t- (odd 6 e scittit y ethmete6, 7, /995 -- IV Ce°" pAPt41989 03/28/95 08:08 TX/RX NO.0389 P.001 ■ 950'753 FIELD CHECK FILING NUMBER: RE -1711 DATE OF INSPECTION: March 13, 1995 APPLICANT'S NAME: William T. an Ann McQueary, Sr. REQUEST: Recorded Exemption LEGAL DESCRIPTION: Tract A of Re -177, E2, of section 28, T2N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of Weld County Road 31 and approximately 1/4 mile north of Weld County Road 16 LAND USE: ZONING: N Agricultural Production, Pasture E Agricultural Production S Residence, Pasture W Agricultural Production N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to property is by a narrow strip of land connected to the subject property and across the property directly to the south. One stick built home is on Lot A and a mobile home and agricultural production is on Lot B. Access may be a problem. Shani L. Eastin Current Planner 950753 J'.,., DISTRICT COURT, WATER DIVISION NO. 1, COLORADO • CASE NO. 92CW005 FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT IN THE MATTER OF THE APPLICATION OF WATER RIGHTS OF WILLIAM I, SR. AND ANN MCQUEARY IN WELD COUNTY THIS APPLICATION was filed with the Water Clerk, Water Division 1, on January 27, 1992. The Referee being fully advised in the premises does hereby find: All notice required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No Statement of Opposition to said application has been filed and the time for filing such statement has expired. All matters contained in the application were reviewed, and testimony was taken where such testimony was necessary and such corrections made as are indicated by the evidence presented. IT IS HEREBY THE RULING OF THE WATER REFEREE 1. The name and address of the applicant: William I., Sr. and Ann McQueary 14523 WCR 16 Ft. Lupton, CO 80621 2. The name of the structure(s): McQueary Well No. 161081 950753 WATER DIVISION NO. 1 STATE OF COLORADO June 30, 1992 Date TO: William McQueary, Sr. Ann McQueary 14523 WCR 16 Ft. Lupton, CO 80621 STATE/DIV The Water Court Referee for Division 1 has instructed me to forward this copy of his Ruling in Case No.92CW005 Please check your Ruling very CAREFULLY! If any errors ce found, ,otify the Water Clerk's OF"=^e IMMEDIATELY. You have twenty (20) days after the above date of mailing to file with the Water Clerk, any pleading in protest to or in support of the Referee's Ruling. Any such pleading to the Referee's Ruling must be filed on or before July 70. 1997, plus any additional time allowed by Rule 6(e) CRCP. In the absence of any pleading being received, the Judge of the Water Court will incorporate the Referee's Ruling in the Decree which will be entered after July 20. 1992 Mary C pin Water dierk, Water Division 1 P O Box C Greeley, CO 80632 (303) 356-4000, Ext. 4550 950753 92CW005 McQueary Page 2 3. The legal description of the structure(s): NW1/4SE1/4, Section 28, Township 2 North, Range 66 West of the 6th P.M., Weld County at a point approximately 2300 feet from the South line and 2500 feet from the East line section 28. 4. The source of the water: Groundwater from the Laramie -Fox Hills aquifer 5. The date of appropriation: June 20, 1935 6. The amount of water: 0.022 cfs (10 gpm) 7. The use of the water: Domestic in two single family dwellings including irrigation of less than one acre and stockwater- absolute Domestic in ong.additional single family dwelling -CONDITIONAL 8. This well was approved pursuant to CRS 37-92- 602(3)(b)(II) as the only well on a tract of 35 acres or more in W1/2E1/2, Section 28. 9. Production from this well is restricted to the Laramie -Fox Hills Aquifer 10. It is also ordered that the conditional right herein awarded is hereby continued in full force and effect until July, 1998. If Applicant desires to maintain such conditional decree, an application for a finding of reasonable diligence shall be filed on or before July, 1998 or a 950753 92CW005 McQueary Page 3 showing made on or before such date that the conditional water right has become an absolute water right by reason of the completion of the appropriation. 11. This water right, so long as uses are limited to those decreed herein, is exempt from administration by the State Engineer pursuant to CRS, 37-92-602. Dated: June 30, 1992 YMn*?s` ESMAN WaterfReferee Water Division No. 1 THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated: ROBERT A. BEHRMAN Water Judge Water Division No. 1 State of Colorado 950753 Form No. GWS-25 OFFICE OF THE ATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203 APPUCANT (303) 8684581 698 WELL PERMIT NUMBER 161091 _ DIV. l CNN. 62 WD DES. BASIN MD Lot: Block: WILLIAM I SR & ANN MCQUEARY 14523 WCR 16 FT LUPTON, CO 80621 303/857-2167 PERMIT TO USE AN EXISTING WELL Filing: Subdiv: APPROVED WELL LOCATION COUNTY WELD NW 1/4 SE 1/4 Section 28 Twp 2 N , Range66 W 6th P M DISTANCES FROM SECTION LINES 2300 South Ft. from Section Line 2500 East Ft. from Section Une ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The 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 right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been 1rantr •, the State Boord of 'Examiners of Water Well C(..,,:. truction and Pump Installation Contractors in accordance wltr, Rule17: 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 35 acres described as that portion of the W 1/2 of the E 1/2 of Sec. 28, Twp. 2N, Rng. 66W, 6th P.M., Weld County, being more particularly described and identified as the west 1,025 feet of a tract of land of 71.65 acres (Tract 'A') as described on the attached exhibit 'A'. 4) Approved for the extended use of an existing well recorded under permit no. 77719, and to correct the well location from that approved under permit no. 77719. The issuance of this permit hereby cancels permit no. 77719. 5) The use of ground water from this well is limited to ordinary household purposes inside three single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and lawns. 6) Production from this well is restricted to the Laramie -Fox Hills aquifer which corresponds to the interval between 540 feet and 815 feet. 7) The maximum pumping rate shall not exceed 15 GPM. B) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located, 3) This well shall be not more than 200 feet from the location specified on this permit. lka . O15/ OWNER'S COPY PjOVED: 4. 032729 Receipt No. Encineer DATE ISSUED AUG 1. 2 1991 i PIRAATION DATE AU 2. RESOLUTION iillSREAR, it h,rs been determined by the Board of County Commissioners, Weld County, Colorado, that a certain tract of land, being the property of Mr. and Mrs. Jay D. Scruggs, and Mr, and Mrs. J. P. Wall, and more particularly described as follows: That hart of the East one-half (E)) of Section 28, Township 2 North, Range 66 West of the Sixth Princi- pal Meridian, Weld County, Colorado, described as: Beginning at the East one -quarter corner (E* Cor) of said Section 28, and considering the East line of the Northeast one -quarter (NE*) of said Section 28 to bear North 00°18'00" West with all other bearings relative thereto; Thence South 89°52'05" West along the South line of the South one-half (SA) of the Northeast one -quarter (NEI) of said Section 28, a dis- tance of 225.00 feet to a point on the West line of a parcel described in Book 586, Reception No. 1508307, Weld County Records, said point being the True Point of Beginning; Thence South 00°20'00" East along said West line of said parcel, a distance of 982 feet, more or less, to the center of the Fulton Ditch; Thence along the center of said ditch by the following courses and distances: South 78°01'11" West, 311.70 feet; South 82°11'16" West, 1421.73 feet; North 77°28'39" West, 718.88 feet to a point on the West line of the East one- half (EIf) of said Section 28; Thence North 00°14'15" West along said West line, a distance of 2399 feet, more or less to the Northwest Corner (NW Cor) of said one-half (i) of the Northeast one -quarter (NE}) of said Section 28; Thence North 89°48'30" East along the North line of said South one-half (Si) of the Northeast one -quarter (NEB), a distance of 2399.83 feet to a point on the Easterly bank of the Fulton Ditch, said point being the Northwest Corner (NW Cor) of said parcel described in Book 586, Reception No. 1508307; Thence along the Westerly line of said parcel, by the following courses and distances: South 09°32'53" West, 144.83 feet, more or less; South 11°32'15" East, 139.82 feet; puth 19O31'00" West, 57.82 feet; South 47 52'15" West, 266.70 feet; South 83°22'45" West, 96.06 fget; South 64°05'30" West, 59.66 feet; South 36 23'00" Wort, 57.83 fees; South 08°34'30" West, 81.18 feet; South 37 55'30" East, 30.1.15 fe&t; South 5016'00" East, 197.56 feet; South 69 20'30" East, 99.01 feet; South 00°18'00" East, 248.07 feet, more or I,..,,, to the True Point of Beginning, con- taining 131.34 acres, more or less, dues not come within the purview of the definition of the terms "subdivision" and "subdivided lands' as set forth in CRS 106-2-33 'C (a) and (b) IPG3, ;nnended and WHEREAS, the Roard of County Commissioners of th° County of Weld, State of Colorado, desires to exempt this particular division of Iand upon the recommendation of the Weld County Zoning Admi_nist.ritor for the reasons as stated and pursuant: to its authority under CRS 106-2-33 (d) 1963, as amended, NOW, THEREFORE, BE IT RESOLVED, that the hereinabove de- scribed tract of laud owned by Mr. and Mrs. Jay D. Scruggs, and Mr. and Mrs. J. V. Wall, Jr., be exempt from the terms "subdivi- sion" -and "subdivided lands" as. provided for in the new Weld County Subdivision Regulations at Section 2-1, A., (3) adopted August 30, 1972. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of May, A.D., 1975. ATTEST: Weld County Clerk and and Cler to the Board By i tY County APPROVED AS TO FORM: - County Attorney p Recorder BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A _ /ra47,. April 28, 1975 Board of County Commissioners Weld County, Colorado 1516 Hospital Road Greeley, Colorado 80631 Re: R. E. 177 `rear Sirs: I II !'I ;J;.:INII I,OVVIS ION Very iurtll`r JOHN J. JUNTIJNEN I iltgrCII rrnn rime l:u:clun YHONL JUJ) JSJ-:212 Exl'. 2:'], 22S LIL HOSIR (AL ROAD HEELEY, COLOHADO BoOLI The attached plat, application and other items are in reference to a request by Mr. and Mrs. Jay D. Scruggs and Mr. and Mrs. J. V. Wall, Jr., for a Recorded Exemption. The proposed lots are 71.65 irrigated acres and 59.69 irrigated acres. The Planning staff reconmends approval of the Recorded Exemption for the following reasons: 1. The proposed split conplies with the intent clause, Section 9-2, of the Weld County Subdivision Regulations in that non-productive agricultural land may be developed for higher or more productive uses. 2. The proposed split -complies. with the Weld County Comprehensive Plan because the proposed usJ is compatible. with the agricultural zoning. 3. All requ1fe1 items have been submitted. 9Imi tt ;� Thomas E. Ilona Zoning Administrator W ELL) COUN 1Y COMMISSIONERS VICTOR IACOBUCCI GLENN M. BILLINGS FIOV MOSER ff1 I'. { d E Xn c'd SHEET" .! OF 2: ' N• 89'46 vo"E. li I 1l� a ,�`T1n7�fl, 1 . Ih°32'/5"E'�.� `4 y i4•y dj �i �� I %"P ik A,1/30.821, "'�"' Sy9• /'00 U3 4 o� o� 4.' wile 7�8 OF GO' '�0 \0 �4 j l�,$ TRACTS" .., t, ki, F. S./z6562�0 'w a o I I I 159 69 AC s. c4°0530"W. S. B3 2245'Nc' b ,Vb hi '�1Q1 �� I' w q Cc{ Pi* S9.66' 96 00(4. } A'a S.08•34,0OW. • IAS 36'23'88'mi d 8/./ ' .3 ' S. 'Ji•�+Jo.E 4,1 MATT? 04“ 401 a,NE oN T R suR vet'L70N. O1TC N,'x/'28ev. ORTN RLV 8."ns�Nz y1 l�W r RECEIVED rca 1 7 iyy5 T lige COLORADO February 17, 1995 TO WHOM IT MAY CONCERN: V FEB 2 7 1995 ", .Plsrmino DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: RE -1711 Enclosed is an application from William T. and Ann McQueary, Sr. for a Recorded Exemption. The parcel of land is described as Tract A of RE -177, E2 of Section 28, T2N, R66W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of and adjacent to WCR 31 and approximately 1/4 mile north of WCR 16. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 3, 1995, so that we may give full consideration to your recommendation. Please call Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 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. t We have reviewed the request and find no conflicts with our interests. chew. 4o 4- sits (vs)APPL.icA.-rion) 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: q v u_ 60 �x Date: e — Agency: t��t)- .c 950753 '/3 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Ave. P.O. Box 758 Greeley, CO 80632 (303)356-4000 EXT. 3750 1. Applicant Name Li ',I Address ! 4 7; c oc c I City 'F� L� ^ State C^, Zip 56 J 2. Address or location of access LiCR ' b jrae Section Township Range Subdivision Block Lct Weld County Road 4 Side of Road N S E or W Distance from & number of intersecting road 3. Is there an existing access to the property? Yes ✓ No_ 4 of accesses Date: Phone rtol a *********************************************************************************** 4. Site Sketch ********************************************************************************** OFFICE USE ONLY Road I /O ADT 6743 Date 4-9Z Accidents 3 Date 8 - 9,Z 4-�5-9i Road 40( ADT_ Date _ Accidents 11 Date 7S 5. Proposed use: II Permanent a Residential,/Agricultural ❑ Industrial O Temporary ❑ Commercial C Subdivision ❑ Other ********************************************************************************** Drainage Requirement Culvert Size Length Other Comments Installation authorized ❑ Information Insufficient Special Conditions !A6 E1(/7/&14 AGGt/» OFF Fan,4-t \i-/G L. Reviewed by: Title: 950753 3 N O M N V SW COR.,NI/2 SEC. 28 T2N,R66W W. C. S w a w O 0 n $I/4 CON. 2• -2Nf 20.13 W t N O Op aw N O i BRIDGE 00 Aar♦i •Cec TREES RD. 16 tte �, ra — — 950753 3/3 mEmoRAnuum COLORADO Shani L. Eastin hrnar To Weld County Planning Dote Fey 97, 1Q(455 From Trevor Tiricek sipPrvicnr, Fnvirnnmantal Prntcrtinn Rnrvirni Sebject: ('acres Nnmhor• RP -1711 Di^mr• Mrg11ry ty, Will?^m E2 of Section 28, Township 02 North, Range 66 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. TJ/cs-316 950753 Hello