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RECORDED EXEMPTION
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RESOLUTION
RE: AMENDMENT TO RESOLUTION APPROVING RECORDED EXEMPTION #1646 --
SCHNEIDER
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, on September 7, 1994 the Board of County Commissioners adopted a
resolution approving Recorded Exemption #1646 submitted by Roy L. Schneider, 11981 WCR 74,
Eaton, Colorado 80615, for property located in part of the SW 1/4 of Section 31, Township 7 North,
Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described in said
Resolution, and
WHEREAS, Condition of Approval # 4 as set forth in said Resolution placed limitations and
restrictions on access to Lots A and B of said RE #1646, and
WHEREAS, the applicant, Roy L. Schneider, now requests the Board of County
Commissioners to amend said Resolution so as to reword Condition of Approval # 4 to require and
limit access to Lots A and B in a different manner as outlined in the new Condition of Approval #4
set forth below.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board's Resolution adopted and dated September 7, 1994, approving
Recorded Exemption #1646 is hereby amended by substituting the below set forth Condition of
Approval # 4 for that stated in said Resolution dated September 7, 1994:
4. Access to Lot B shall be from Weld County Road 74 by way of two existing
accesses. The first access to Lot B shall be along the Roullard Lateral. The
second access to Lot B shall be along an existing drive located west of and
adjacent to Lot A. Access to Lot A shall be from Weld County Road 74
along an access easement over Lot B along the existing drive located west
of and adjacent to Lot A. Prior to recording the plat, the applicant shall
designate on said plat the access to Lot A across Lot B as "Common
Access Easement for the Benefit of Lots A and B" and dedicate said
easement 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. No new
accesses shall be created. This condition shall not alter or restrict the
existing easement located on the east side of Lot B which provides access
from Weld County Road 74 to property east of and adjacent to Lot B.
950075
RE1646
1646
cc; 1k; Schneider; i0 cA/ O r
• •
RE: RE #1646 - SCHNEIDER
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that all other
conditions as set forth in the Board's Resolution dated September 7, 1994, shall continue in full
force and effect and shall not be in any way altered by this Resolution and substitution of Condition
of Approval # 4 as written herein.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY: —R?t et �2
Deputy Cler
the Board
APPRO D AS TO FORM:
ounty Attorhe
W. H. Webster
W D COUNTY, CQLODO
Dale
arbar;J. Kirkmeyer, Iro/
-
eorge E. Baxter
Constance L. Harbert
PLA7J(q"
950075
RE1646 1646
4441;.;
WI 1k
COLORADO
• •
fT1EfT1ORAf1DUfi1
To Board of County Commissioners Date January 5, 1995
From
Bruce T. Barker, Weld County Attorney
sub;eotequest from Pat McNear on Behalf of Roy Schneider for RE -1646
Attached is a copy of a letter which I received from Pat McNear on behalf of Roy Schneider for RE -
1646. Also attached are the following:
A. A copy of the resolution approving the recorded exemption. Please review paragraph
4, especially the highlighted portion regarding the access across Lot A.
B. A copy of the plat as proposed.
C. A copy of the sketch plan showing Lot A as originally proposed.
The original plan as submitted by Mr. Schneider was to have Lot A include an access road which
provided access from WCR 74 onto Lot B. Mr. Schneider now wishes to shrink Lot A so that the
access road is on Lot B and have the easement across Lot B for the benefit of Lot A.
Pat McNear informs me that the change will benefit the owner of Lot B without significantly
impacting the owner of Lot A. Lot A will no longer be burdened by the full length of the access
road. The owner of Lot B will be free to maintain the access road, because it now will be entirely
upon Lot B.
I have checked the area of the redrawn Lot A. The area is approximately 43,200 square feet in size.
A one -acre parcel will contain 43,560 square feet.
If the Board of County Commissioners wishes to grant the Schneider's request, I believe that the
Board will need to amend the resolution to reflect the change in condition of approval number 4.
I would suggest the following language:
4. Access to Lot B shall be from WCR 74 by way of two existing accesses. The first
access to Lot B shall be along the Roullard Lateral. The second access to Lot B shall
be along an existing drive located west of and adjacent to Lot A. Access to Lot A
shall be from WCR 74 along an access easement over Lot B along the existing drive
located west of and adjacent to Lot A. Prior to recording the plat, the applicant shall
designate on said plat the access to Lot A across Lot B as "Common Access
Easement for the Benefit of Lots A and B" and dedicate said easement on the plat
for the use as shown using the language set forth in Section 11.7.12.5 of the Weld
950075
• •
Board of County Commissioners
Page 2
December 20, 1994
County Subdivision Ordinance. No new accesses shall be created. This condition
shall not alter or restrict the existing easement located on the east side of Lot B which
provides access from Weld County Road 74 to property east of and adjacent to Lot
B.
If the Board feels comfortable with considering this request without a work session, I will see that
the matter is placed on the agenda for amending the original resolution to substitute the above
language for that which is currently in condition of approval number 4.
BTB/db:mcnear
Attachments
Dale
Barb
George
Connie
Bill
ce T. Barker
Weld County Attorney
Place Matter Schedule
on Agenda Work Session
V
v
9500''5
s
'TrY ATTORNEY'S OFFICE
REALTY CO.
December 22, 1994
Serving Northern Colorado for over 70 years
1212 8th Avenue, Greeley, Colorado 80631 (303) 352-1212
Board of County Commissioners
c/o Bruce Barker
P.O. 1948
Greeley, Colorado 80631
RE: Plat for RE 1646
Dear Bruce,
As per our telephone conversation today, I am addressing you to request a change
in the adopted resolution regarding access to Lot "B" of said Recorded
Exemption. The proposed access into Lot "B" was to be for a right-of-way
easement approximately 30 feet wide through the westerly portion of Lot "A".
After discussion with all parties it is agreed that all parties would be better
served if the ownership of said 30 feet be held in Lot "B" and maintained by Lot
"B". That strip of land does not serve Lot "A" except for an area which will be
made common to both lots as indicated on the attached copy of a portion of the
plat.
If I may be of further help to you, please contact me at Scott Realty Co.
352-1212.
Sincerely,
Patrick L. McNear
PLM/dd
q50015
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RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #1646 - SCHNEIDER
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 #1646, does not
come within the purview of the definition of the terms, "subdivision" and
"subdivided land", and
WHEREAS, the request for Recorded Exemption #1646 was submitted by Roy L.
Schneider, 11981 Weld County Road 74, Eaton, Colorado. 80615, for property which
is located in part of the SW* of Section 31, Township 7 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 1 acre and 131 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 #1646 submitted
by Roy L. Schneider, be, and hereby is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home. The
septic system shall be installed according to the Weld County
Individual Sewage Disposal System (ISDS) regulations.
2. Any existing septic system(s) which is not currently permitted
through the Weld County Health Department will require an ISDS
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 ISDS regulations.
3. The ISDS Permit shall be finalized and approved by an Environmental
Protection Specialist within one (1) year of the application date.
940839
CL' : /G ) S Cff�!!E/bi
• •
RE: RE #1646 - SCHNEIDER
PAGE 2
4. Access to Lot A shall be from Weld County Road 74 by way of an
existing access. Access to Lot B shall be from Weld County Road 74
by way of two existing accesses. The first access to Lot B shall be
along the Roullard Lateral. The second access to Lot B shall be
across Lot A along the existing drive. Prior to recording the plat,
the applicant shall designate on said plat the second access to Lot
B across Lot A as "Access Easement for the benefit of Lot B," and
dedicate said easement on the plat using the language set forth in
Section 11.7.12.5 of the Weld County Subdivision Ordinance. No new
accesses shall be created. This condition shall not alter or
restrict the existing easement located on the east side of Lot B
which provides access from Weld County Road 74 to property easst of
and adjacent to Lot B.
5. 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.
6. Prior to recording the plat, the following note shall be placed on
the plat: "No principal dwelling shall be constructed on Lot B for
as long as Lot B is zoned 'A' (Agricultural)."
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of September, A.D., 1994.
ATTEST:
Weld County Clerk to the Board
BY:
APP
Deputy
er
o the
Barbara
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
hltA)
H. Webster, Chairman
Constance L. Harbert
J. Kirk yer A`
940839
• i
Conditions for RE -1646:
4. Access to Lot A shall be from WCR 74 by way of an existing
access. Access to Lot B shall be from WCR 74 by way of two
existing accesses. The first access to Lot B shall be along
the Roullard Lateral. The second access to Lot B shall be
across Lot A along the existing drive. Prior to recording the
plat, the applicant shall designate on said plat the second
access to Lot B across Lot A as "Access Easement for the
Benefit of Lot B" and dedicate said easement on the plat using
the language set forth in Section 11.7.12.5 of the Weld County
Subdivision Ordinance. No new accesses shall be created.
This condition shall not alter or restrict the existing
easement located on the east side of Lot B which provides
access from WCR 74 to property east of and adjacent to Lot B.
6. Prior to recording the plat, the following note shall be
placed on the plat: "No principal dwelling shall be
constructed on Lot B for as long as Lot B is zoned 'A'
Agricultural."
940839
• •
Conditions for RE -1646:
4. Access to Lot A shall be from WCR 74 by way of an existing
access adjacent to the Roullard Ditch. Access to Lot B shall be
from WCR 74 by way of two existing accesses. The first access to
Lot B shall be along the Roullard Lateral. The second access to
Lot B shall be across Lot A along the existing access adjacent to
the Roullard Ditch. Prior to recording the plat, the applicant
shall designate on said plat the second access to Lot B across Lot
A as "Access Easement for the benefit of Lot B," and dedicate said
easement on the plat using the language set forth in Section
11.7.12.5 of the Weld County Subdivision Ordinance.
6. Prior to recording the plat, the following note shall be
placed on the plat: "No principal dwelling shall be constructed on
Lot B for as long as Lot B is zoned 'A' Agricultural."
CONDITIONS OF APPROVAL
Roy L. Schneider
RE -1646
1. A Weld County Septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (ISDS) regulations.
2. Any existing septic system(s) which is not currently permitted through the
Weld County Health Department will require and 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.
3. The Individual Sewage Disposal System permit shall be finalized and
approved by an Environmental Protection Specialist within one (1) year of
the application date.
4. No more than one access shall be allowed for each legal parcel.
5. 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 (6) days from the date of approval by the
Department of Planning Services. The applicant shall be responsible for
paying the recording fees.
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
November 8,1994
Roy L. Scheider
11981 Weld County Road 74
Eaton, CO 80615
Subject: Recorded Exemption #.1646
Dear: Mr. Scheider
Sixty days have passed since your Recorded Exemption was conditionally approved, and
we have not received your Recorded Exemption plat. The approval was conditional
upon submission of a mylar plat and a recording fee of $10.00 for each page.
Please submit your plat and recording fee as soon as possible. Your recorded
exemption application will be considered incomplete and the case will be closed if
we have not heard from you on this matter by 12/8/94 . Your cooperation in this
matter will be appreciated.
Please call or write if you have any questions.
Sincerely,
Gloria Dunn
'cu rent Planner
COLORADO
n r^.il ii
DEPARTMENT OF PLANNING SERVICES
r -n -? ~ ' 3 1 $ PHONE (303) 353-3845, EXT. 3540
[ WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
CLERK GREELEY, COLORADO 80631
TO , . D
THE
September 7, 1994
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: RE -1646 and SE -510
Dear Commissioners:
This request for a Recorded Exemption and Subdivision Exemption is submitted by
Roy L. Schneider. The parcel of land on which this request is being made is
described as part of the SW4 of Section 31, T7N, R66W of the 6th P.M., Weld
County, Colorado. The property is located approximately one mile east of
Severance, north of and adjacent to Weld County Road 74. The applicant is
requesting to remove two set of existing improvements from his 133.5 acre parcel,
more or less. The proposal is to divide off 1.5 acres, which includes Mr.
Schneider's residence, using the subdivision exemption process. An old labor
house is also located on the property, which the applicant proposes to divide off
as Lot A (one acre) using the recorded exemption process. Proposed Lot B would
then consist of 131 acres of farmground.
North Weld County Water District currently provides water to residential uses on
the subject site and has indicated it can also serve proposed Lot B, should this
request be approved. The lots are served by individual septic systems, and the
Weld County Health Department has no objection to this proposal as long as
standard conditions are met by the applicant. The Town of Severance also
indicated no objection to these applications.
The Department of Planning Services' staff recommends denial of this request
based on the lack of efficient and orderly development and noncompliance with the
agricultural goals and policies, and noncompliance with the Transportation Goals
and Policies as set forth in the Weld County Comprehensive Plan.
9Lt+'39
•
RECOMMENDATION, RE -164 and SE -510
Roy L. Schneider
Page 2
A row -type development is already established along the north side of this one-
half mile stretch of Weld County Road 74. Mr. Schneider's property surrounds two
small parcels, each containing a residence, which were created by the granting
of RE -295 in 1977. The applicant's subdivision exemption lot lies a short
distance west of these homes and proposed Lot A lies directly adjacent to the
east of the homes (see attached parcel identification map). The approval of
these applications allows the potential for a fifth residence to be built at this
location on proposed Lot B. The approval of these applications also allows the
potential for the labor house on Lot A to be replaced or reconstructed so that
it is habitable. Additional traffic on Weld County Road 74, a county arterial,
would then be generated by, not one, but two more residences. The Comprehensive
Plan states: "An arterial county road is a major road that covers a length of the
County. The average daily traffic is greater than six hundred fifty (650)
vehicles. The number of access points on an arterial should be kept to a minimum
in order to maximize traffic flow and promote safety." While the number of
accesses existing on the Schneider property may be adequate to serve as many as
three residences, the change in access usage from agricultural to residential
will intensify traffic patterns on Weld County Road 74.
The Comprehensive Plan promotes preserving the agricultural use of prime
agricultural ground. All of the applicant's property is identified as prime
farmland of national importance by the Department of Agriculture Soil
Conservation Service and Colorado State University Experiment Station. This
proposal, if granted, would allow for the addition of a residence on proposed Lot
B, further intensifying the density of nonagricultural uses on the property.
The Department of Planning Services' staff requests that the Board of County
Commissioners deny this recorded exemption and subdivision exemption request.
Respectfully submitted,
G1 Dunn
Current Planner
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
September 1, 1994
Roy L. Schneider
11981 Weld County Road 74
Eaton, CO 80615
Subject: RE -1646 and SE -510 - Request for a Recorded Exemption and a
Subdivision Exemption on a parcel of land described as part of the
SW4 of Section 31, T7N, R66W of the 6th P.M., Weld County, Colorado.
Dear Mr. Schneider:
I have scheduled a meeting with the Board of County Commissioners on
Wednesday, September 7, 1994, at 9:00 a.m. to consider your application. This
meeting will take place in the County Commissioners' Hearing Room, first
floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It
is recommended that you or a representative be in attendance to answer any
questions the Board of County Commissioners might have with respect to your
application.
The Department of Planning Services' staff will make a recommendation
concerning this application to the Board of County Commissioners. It is the
responsibility of the applicant to call the Department of Planning Services'
office a few days before the date of the Commissioners' hearing to obtain the
recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
a Dunn
Current Planner
pc:
Pat McNear
Scott Realty
1212 8th Avenue
Greeley, CO 80631
940'.39
COLORADO
s
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
August 3, 1994
Roy L. Schneider
11981 Weld County Road 74
Eaton, CO 80615
Subject: SE -510
Dear Mr. Schneider:
Your subdivision exemption application will be processed by our office on or
before September 3, 1994. If it is determined that the application meets the
approval criteria of Section 11.15 of the Weld County Subdivision Ordinance, you
will be notified that the subdivision exemption is approved. If the staff
determines that the application does not meet the approval criteria, you will be
notified and asked to appear before the Board of County Commissioners at a public
hearing. You will be informed of the hearing date prior to the hearing. The
Board of County Commissioners will then consider your application and make a
final decision on the subdivision exemption.
If you have any questions concerning this matter, please free to call me.
Respectfully,
k'
Gloria Dunn
Current Planner
9?0?39
h r
COLORADO
August 3, 1994
Roy Schneider
11981 Weld County Road 74
Eaton, CO 80615
Subject: Recorded Exemption 1646.
Dear Mr. Schneider:
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Your recorded exemption application will be processed on or before September 3,
1994. If it is determined that the application meets the approval criteria of
the Weld County Subdivision Ordinance, you will be notified that the recorded
exemption is approved. If the staff determines that the application does not
meet the approval criteria, you will be notified and asked to appear before the
Board of County Commissioners at a public hearing. You will be informed of the
hearing date prior to the hearing. The Board of County Commissioners will then
consider your application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any
town or municipality lying within three miles of the property in question or if
the property under consideration is located within the comprehensive planning
area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the Town of Severance Planning Commission for its
review and comments. It is recommended that you and/or a representative b.e in
attendance at the Severance Planning Commission meeting to answer any questions
the Commission members may have with respect to your application. Please call
Gene Rider, at 686-1218, for further details regarding the date, time, and place
of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
Gloria Dunn
Current Planner
940P39
•ECORDED EXEMPTION FIELD CHECK•
CASE NUMBER: RE -1646
APPLICANT'S NAME: Roy L. Schneider
DATE OF INSPECTION: August 17, 1994
LEGAL DESCRIPTION: Part of the SW4 of Section 31, T7N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: Approximately one mile east of Severance, north of and adjacent to Weld County
Road 74.
LAND USE: N: Agricultural ground
E: Residence, lake
S: Weld County Road 74, agricultural ground, two residences, large
agricultural outbuildings.
W: One residence, agricultural production
ZONING: N A
Road ADT
Road ADT
UNSAFE CONDITIONS:
E A
Date
Date
S A
Accidents
Accidents
W A
Date
Date
Inadequate sight distance to west (500' clear view @ 55 mph)
Setbacks/structure from access
Bridge location from access (less than 200')
Weeds
Landscaping
Inadequate distance from road intersection or railroad crossing
None observed at time of inspection
TOTAL # ACCESSES IN MILE
Weld County Road 74
6 Residences
Other structures
4 Agricultural
Commercial
ROAD SURFACE
Weld County Road
Residences
Other structures
Agricultural
Commercial
X Paved Gravel Unimproved
Weld County Road
Residences
Other structures
Agricultural
Commercial
Requested Engineering to inspect site - Y N X Date:
COMMENTS:
Access is from Weld County Road 74. An old, uninhabitable house exists on the proposed
one acre parcel. A residence also exists on the subdivision exemption parcel. A
concrete ditch runs north and south through the property, just west of proposed Lot A.
The majority of the parcel is in agricultural production.
Gloria Dunnl Current Planner
• •
FIELD CHECK
FILING NUMBER: SE -510 DATE OF INSPECTION: August 17, 1994
APPLICANT'S NAME: Roy L. Schneider
REQUEST: Subdivision Exemption in conjunction with a Recorded Exemption.
LEGAL DESCRIPTION: Part of the SW4 of Section 31, T7N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: Approximately one mile east of Severance, north of and adjacent to
Weld County Road 74.
LAND USE:
ZONING:
COMMENTS:
N Agricultural ground
E Residence, lake
S Weld County Road 74, agricultural ground, two residence,
large agricultural outbuildings.
W One residence, agricultural production
N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural), Severance
Access is from Weld County Road 74, a paved County arterial. Located on the
subdivision exemption parcel is a residence.
Glori
Curren fanner
9'039
ADMINISTRATIVE REVIEW FLOW SHEET
CASE #
APPLICANT: 4y L j)C_i1 1,1 Q !^d-Fi._
REQUEST: kE
LEGAL: /9+ S &L) 3i- 7- &, to
LOCATION: 4r X 6 v / 01; E 5 . i,--C'-e- T ('I
Date
Application received
Application complete
Letter to applicant drafted
Referrals listed
File assembled
Letter to applicant mailed
Vicinity map prepared
Referrals mailed
Chaindexed
Field check by DPS staff
Administrative Review decision:
History card completed
COMMISSIONER'S HEARING DATE: _
Air photo and maps prepared
CC Action:
CC Resolution received
History card completed
Recorded on maps and filed
-C
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APPLICATION FOR RECORDED EXEMPTION
PHONE: 353-3845, Ext. 3540
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
FOR PLANNING ' PART 1?T USE ONLY:
APPL. FEE
CASE NO. L"k. )Lc./(4, RECORDING FEE
ZONING DISTRICT /4 RECEIPT NO.
DATE 7-,-2c'-4'1(1 APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we)designated the undersigned recorded exemption by the Weld County Board of County Commissioners.
a P
LEGAL DESCRIPTION:
Part of the Southwest 1/4, Section 31, Township 7 North, Range 66 West
TOTAL ACREAGE: 132 more or less
Has this property been divided from or
had i ided 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 XXXX No
FEE OWNERS OF PROPERTY:
Roy Schneider
11981 WCR /4, Caton, Uolorado 80615
Name:
Address:
Phone: 6R6-5235
Name: Phone:
Smaller Parcel NWCW
Address: Q
WATER SOURCE: Larger Parcel NWCWD Smaller Parcel NWCW
TYPE OF SEWER: Larger Parcel septic
septic
PROPOSED USE: Larger Parcel crop production Smaller Parcel residential
ACREAGE: Larger Parcel 131 Smaller Parcel 1
EXISTING DWELLINGS:
(Yes or No) no (Yes or No) yes
I hereby deposeand
submitted withorcontained within this application are
state tel
proposals, and/or plans
true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
Subsribed and sworn to before me this 121:1k day of
(SEAL)
My Commission Expires
J'444;11/?
Signature: Owner or Authorized Agent
, 19.
Notary P blic
940'''39
•
July 12, 1994
Department of Planning Services
915 10th Street
Greeley, CO 80631
Gentlemen:
I hereby authorize Scott Realty Co., 1212 8th Avenue,
Greeley, Colorado, to represent my interest or to act in
my behalf to apply for and obtain a Subdivision Exemption
and a Recorded Exemption on property I own located in the
Southwest 1/4 of Section 31, T7N, R66W of the 6th P.M.
Weld County, Colorado.
Sincerely,
Roy Schneider
940E-39
• •
July 12, 1994
Department of Planning
1551 N. 17th Avenue
Greeley, Colorado 80631
Dear Sirs:
I currently own approximately 133.5 acres irrigated farmland located near
Severance, Colorado. This farm has a site which includes my residence and
another old improvement site consisting of approximately 1 acre. The old
improvement site has many old trees and is improved with an old labor house.
Recently it has created more of a burden to maintain a farming practice around
this site. This site has provided no use to our family farming operation for
many years now. At this time I wish to sever the proposed one acre parcel from
my farm by the Recorded Exemption process in conjunction with 1.5 acres more or
less including my residence by the Subdivision Exemption process. The
production portion of the farm will continue to be operated as I have in the
past. Please assist, me in splitting this farm as proposed.
Sincerely,
Roy Schneider
• •
RECORDED EXEMPTION QUESTIONNAIRE
1. Explain the reason for the proposed recorded exemption and how
each proposed lot will be used. To sever excess and
non-productive parcel from farming operation. Large parcel
will continue to be operated as a agricultural production unit.
Small parcel could serve as a residential site.
2. Describe the location, size and present use of the areas where
each proposed new lot will be created. The property is located
1 1/2 miles east of Severance, Colorado. The present use of
the large parcel is for pasture and crop production the present
use of the small parcel is excess waste land.
3. Explain how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, if
applicable. The larger parcel meets the minimum lot size
requirements of 80 acres irrigated. The proposal will not
adversely affect crop production and will allow for a more
efficient farming practice.
4. Explain how the uses permitted will be compatible with existing
uses surrounding the proposed recorded exemption. The
surrounding area is primarily crop production and residential
sites. The current use of the agricultural land should remain
unchanged.
5. Explain how the proposal is consistent with the intent of
zoning district it is located within. The current zoned
district is agricultural. The current use of the property is
agricultural. This proposal will not adversely affect the use
of the property or other property in the area.
6. Explain how the proposal is consistent with efficient and
orderly development. The proposal is consistent with orderly
development as it is consistent with the recorded exemption
process defined by the Weld County Subdivision Ordinance. To
change the use of excess or non-productive land.
7. Explain how adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the
neighborhood and the County will be accomplished. Since there
is no change in the use of the agricultural portion of the
property, it will not adversely affect the health, safety and
welfare of the inhabitants of the neighborhood. Development
of the small parcel would allow another user to better maintain
that type of parcel of land.
940P-39
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rQ)
REFERRAL LIST
NAME: Roy L. Schneider
CASE NUMBER: RE -1646
REFERRALS SENT: August 3, 1994 REFERRALS TO BE RECEIVED BY: August 17, 1994
COUNTY
Attorney
X Health Department
Extension Service
Emergency Management Office
Sheriff's Office
X Public Works
Housing Authority
Airport Authority
Building Inspection
STATE
Division of Water Resources
Geological Survey
Department of Health
Department of Transportation
Historical Society
Water Conservation Board
Oil and Gas Conservation Commission
FIRE DISTRICTS
Ault F-1
Berthoud F-2
Briggsdale F-24
Brighton F-3
Eaton F-4
Fort Lupton F-5
Galeton F-6
Hudson F-7
Johnstown F-8
La Salle F-9
Mountain View F-10
Milliken F-11
Nunn F-12
Pawnee F-22
Platteville F-13
Platte Valley F-14
Poudre Valley F-15
Raymer F-2
Southeast Weld F-16
Windsor/Severance F-17
Wiggins F-18
Western Hills F-20
TOWNS and CITIES
Ault
Brighton
Broomfield
Dacono
Eaton
Erie
Evans
Firestone
Fort Lupton
Frederick
Garden City
Gilcrest
Greeley
Grover
Hudson
Johnstown
Keenesburg
Kersey
La Salle
Lochbuie
Longmont
Mead
Milliken
New Raymer
Northglenn
Nunn
Pierce
Platteville
X Severance
Thornton
Windsor
COUNTIES
Adams
Boulder
Larimer
FEDERAL GOVERNMENT AGENCIES
US Army Corps of Engineers
USDA -APHIS Veterinary Service
Federal Aviation Administration
Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Dist. Brighton
Panhandle Eastern Pipe Line Co. Fort Collins
Tri-Area Planning Commission Greeley
X Great Western Railroad Longmont
West Adams
COMMISSION/BOARD MEMBER
940P'39
COLORADO
13.E1,,17.0 AUG 0 3 1994
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Date: August 3, 1994 CASE NUMBER: RE -1646
TO WHOM IT MAY CONCERN:
Enclosed is an application from Roy L. Schneider for a Recorded Exemption. The
parcel of land is described as part of the SW4 of Section 31, T7N, R66W of the
6th P.K., Weld County, Colorado. The location of the parcel of land for which
this application has been submitted is approximately 1 mile east of the Town of
Severance; north of and adjacent to Weld County road 74.
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 August
17, 1994, so that we may give full consideration to your recommendation. Please
call Gloria Dunn, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2.
3.
of -
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:
We have reviewed the request and find no conflicts with our
interests. ACCESS AJILL 13E LIM ITE,DTO 0IJ L GIALPARcEL
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency: Aii—.6..<„
Date: �- /5 /
' ! !4 Planning
940P39
94W 39
r •
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 Roy SC k4 t.)E l OE Phone
Address ( City State Zip
2. Address or location of access
Section Township Range
Subdivision Block Lot
Weld County Road # Side of Road N S E or W
Distance from & number of intersecting road
3.
4. Site Sketch
Is there an existing access to the property? Yes No # of accesses
******************************************************************
******************************************************************
5. Proposed use:
_ Permanent •' _ Residential/Agricultural _ Industrial
_ Temporary _ Commercial _ Subdivision _ Other
******************************************************************
OFFICE USE ONLY s r .. f 5 - q?
Road 7"- ADT /000 Date (,19Z_ Accidents Date
3-o- 9,
Road Z.5 ADT Date Accidents 1 Date
Drainage Requirement: Culvert Size Length
Other Comments:
Installation authorized
Information Insufficient
Special Conditions
Reviewed by: Title:
:access.for
9i0F?'39
fez.
WE�Yc
COLORADO
• •
MEMORAIMUM
Gloria Dunn
Weld County Planning August 15, 1994
To Date
Trevor Jiricek, Supervisor, Environmental Protection Servicer
From
Subject:
Case Number: RE -1646 Name: Schneider, Roy
SW4 of Section 31, Township 07 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/lam-2863
T*;
AUG 1 6 1994
.,r..r.t P.,t.4 Planning
940P39
COLORADO
• •
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Date: August 3, 1994 CASE NUMBER: RE -1646
TO WHOM IT MAY CONCERN:
Enclosed is an application from Roy L. Schneider for a Recorded Exemption. The
parcel of land is described as part of the SW4 of Section 31, T7N, R66W of the
6th P.M., Weld County, Colorado. The location of the parcel of land for which
this application has been submitted is approximately 1 mile east of the Town of
Severance; north of and adjacent to Weld County road 74.
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 August
17, 1994, so that we may give full consideration to your recommendation. Please
call Gloria Dunn, Current Planner, if you _have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2.
3.X
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:
We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed:.044.6xei,
Date:
440, 1171
Agency:
TOWN OF SEVERANCE
P.O. BOX 122
i ce, CQLOEADQ 8054(
Pg-T
AUG 14 1994
14# ,44,4,r,gty Planning
940P39
•
CERTIFICATE OF CONVEYANCES
SERVICES
STATE OF COLORADO )
COUNTY OF WELD )
.rder No. 8509024
WELD COUNTY
DEPARTMENT OF PLANNING
The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds the
following conveyances affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
All that part of the SW1/4 of Section 31, Township 7 North, Range 66 West
of the 6th P.M., County of Weld, State of Colorado, as setforth on Deed
recorded June 19, 1944 in Book 1136 at Page 37, attached hereto.
CONVEYANCES (if none appear, so state):
Reception No.
Reception No.
Reception No.
Reception No.
Reception No.
Reception No.
Reception No.
Reception No.
None
, Book
, Book
, Book
, Book
, Book
, Book
, Book
, Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion
of Title, nor a guarantee Title, and the liability of TRANSAMERICA
TITLE INSURANCE COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY
has caused this certificate to be signed by its proper officer this 17th day
of May , A.D., 1994 . at 7:00 A.M. o'clock.
TRANSAMERICA TITLE INSURANCE COMPANY
By:
COMPANY
HORIZED SIGNA
90'39
,759
WARRANTY DEED
THIS DEED, Made this 15th day of January, 1997 between
Scott Resources & Development Co., LLC, a Colorado Limited Liability Company
of the County of Weld and
State of Colorado, grantor, and
Joan Gill
whose legal address is 12295 WCR 74, Eaton, Colorado 80615
of the County of Weld and State of Colorado, grantees:
WITNESSETH, That the grantor for and in consideration of the sum of ONE HUNDRED
SIXTY SIX THOUSAND EIGHT HUNDRED AND 00/100, ($166,800.00) Dollars, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantee, his heirs and assigns forever, all the real property, together with
improvements, if any, situate,lying and being in the County of Weld and State of
Colorado, described as follows:
Lot A of Recorded Exemption No. 0707-31-3-RE1646, recorded May 8, 1995 in Book 1491 as
Reception No. 2437395, being a part of the SW1/4 of Section 31, Township 7 North,
Range 66 West of the 6th P.M., County of Weld, State of Colorado.
2529759 B-1587 P-567 01/17/1997 03:05P PG 1 OF 1 REC DOC
Weld County CO JA Suki Tsukamotn Clerk & Recorder 6.00
16.68
also known by street and number as 12295 WCR 74, Eaton, Colorado 80615
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, barvains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1997 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
STATE OF COLORADO
County of Weld
Scott Resources & Development Co., LLC,
a Colorado Limited Liability Company
BY
Patrick L. McNear, anag er 11
} es. The foregoing instrument was acknowledged before me
} this 15th day of January, 1997
by Patrick L. McNear, as Manager of Scott Resources & Development Co., LLC, a Colorado
Limited Liability Company
No. 932A. Rev. 7-84
Witness my hand and official seal.
My commission expires 10-17-98
NOTARY PUBLIC
1113 Tenth Avenue
Greeley, COLORADO 80631
a
Recorded at. 3 C c o'clock. W JUN 1 - s
Reception N939523 ANN r_ - 1136 .i 3
KNOW ALL MEN Br THESE PRESENTS, That NORMAN BALDRIDGE and CALLIE
BALDRIDGE, husband and wife, and MABEL BROWN, a single person, of
the County of Weld, and State of Colorado, and HAZEL COLT, a single
person,
of the City and County es Denver ,and Stab of Colorado,
for the consideration of One Hundred Dollars and other valuable conslderailt'f?e
In hand paid, hereby sell and convey to ROY L. SCHNEIDER
of the County of .141d , and State of Colorado,
the following real property, alt::z tit: County of Weld
and State of Colorado, to -wit;
All that part of the Southwest Quarter (SW;) of Section
Thirty-one (31), township Seven (7) North, Range Sixty-six (66)
West of the Sixth (6th) P.T. described as follows:
Beginning at a point 42 feet East of the Southwest corner
of said Section Thirty-one (31); thence running North 1°11' East
22-, feet; thence North 21043' East 103 feet; thence North 3"26'
East 132 feet; thence North 28°00' West 123 feet; thence North
1°24' West 317 feet; thence North 39°20' East 252 feet; thence
North 76°53' East 110 feet; thence North 89°15' East 355 feet;
thence North 34°00' East 96 feet; thence North 8°50' East 150
feet; thence North 49°33' East 120 feet; thence North 5°OO'
.1 9Westfeet;
408thence
feet; thencel5024' West North 39047'O0 Westfeet;
thence
550 feet; thence
44°14'
North 43°50' West 140 feet; thence North 60 feet to the Northwest --
corner of said SW;- of said Ceotien 31; thence East 2701 feet,
more or less, to the Northeast corner of said SW;; thence South
2656 feet, more or less, to the Southeast corner of said SW;;
thence West 2534 feet, more or less, to the point of beginning;
together with two (2) shares of the capital stock of The Larimer
and Weld Irrigation Company, two (2) shares of the capital stock
of The Larimer and Weld Reservoir Company, and all rights of way
for the carrage thereof: excepting from the above described
tract of lend a triangular parcel of lend described as follows:
Beginning at the Northeast corner of said SWI of said Section 31;
theme running West 6:? feet; 'hence in a Southeasterly direction
to a ^dint nn the East line of slid SWi, 437 feet South of the
:
Northeast corner of said 5'�; ; thence North Y,,7 , feet feet to the point
of beginning; also exceptine the r1iht of way of The Great
Western Reilway Company over the North 60 feet of said SWi of
said Section 31.
The acreage included in the above description (exclusive
of excepted oo••tlons) is 133.5 acres, more or less,
with all its appurtenances, and warrant the title to the same, subject to
Signed and delivered this
In the presence of
..41,
-41. STATE OF COLORADO,
c1�v, County of Denver
„-. Thit �J,• trefotos instrument wasecknowledged before me this Tat 1 h day of March.� ,'hr'lazel Colt, a single person.
WITNESS coy bind and official seal.
a t ryyron [a9'txpim
t .c p' i t.• l z tit�vt ^„
Notary !NMI.
0t/ v.�h�:s My Commission Expires Mar, lot 1945
•If by natural person or persona hers tosert name or nan,,. If 1,' Tppeerwn actin[ In representative or official capacity or iiattorneyeoreoreh.n.-In-fac
then t inen serts name of sseb aSleer or ,Rlotrsr as tthenpreddantt or other off,-erst of s,ah corporation. y or description: if D IL—
day of March //// ..1.D.19 44.
a"".''iSEALI
Norman Baldri .e
Cam`— I�]�.1- FtLl
Callie Baldrid.,
.ISEAL]
Mabel Brown
711t -„P CO— (SEAL)
Hazel Col£
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STATE OF COLORADO
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gcolig 0Ifigz. \\!! 'ii-�a6..za.4. ^.,, t?1.n? ,iN "•:tri& .r >l�.iJ„v.-� . • t .
. f.:' Q , ):.»S •!•: '�..f ..••
;..' t.•.'' , r '' :` "-,..'6771 .%47-,
The f^regoing instrument was aoknwledged before me this =4• -
. day of March, 1944yib} Norman Baidridge and.Ca111s{r .--?:'•-•
. Bsideldge, husband.and wife, _ana-iaabel forown,:.a singie•pereoniti.
v,
(WITNESS my hand and..otfi;al seal.: • - ;i
rt\ , •OOIDmiss1on expires / '
546
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BOARD OF DIRECTORS
' ERNEST TIGnES
GARY SIMPSON
ERNEST ROSS
W.M. McKAY
CHARLES ACHZIGER
June 1, 1994
RE: Water Service
Dear Sirs,
NORTH WELD COUNTY WATER DISTRICT
HIGHWAY 85 • LUCERNE, COLORADO 80646
LYLE NELSON, MGR.
P.O. BOX 56 • PHONE 356-3020
This letter is in response to your inquiry regarding water service to the
following described property:
ELISW' of 31 -7N -66W
1. Water service is presently being provided to the above described
property.
2. X Water service can be made available to the above described property
provided all requirements of the District are satisfied.
If contracts have not been consummated with North Weld County Water District
within one year from the date of this letter, this letter shall become null and
void.
Additional comments:
Sincerely,
North Weld Co_ t Wate Di-trict
Lyle y Nelson
Mana_er
Pat McNear
940?°39
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