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Home My WebLink About950183.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1697 - YEAGER 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 #1697, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #1697 was submitted by Raymond and Dorothy Yeager, Route 1, Keenesburg, Colorado 80643, for property which is described as Lot A of Recorded Exemption #198 described as being part of the SE% of Section 22, Township 1 North, Range 63 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 140.0 acres and 4.0 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 #1697 submitted by Raymond and Dorothy Yeager be, and hereby is, approved conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be 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. 950183 Pt) /eagcr RE1697 RE: RE #1697 - YEAGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 1995. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board < APPRO AS TO ounty ttorne� BOARD OF COUNTY COMMISSIONERS ELD COUNTY, CQLORADO 41 Dale K. Hall, Chairma FXCI1SFf1 IlATF OF SI(;NINf Barbara). Kirkmeyer, Pro-yem (AYF) l 7% eorge E.4axter (` . ��z , _ r /r ) ?Uii zdtellG. Constance L. Harbert W. Webste Ef 950183 RE1697 CONDITIONS OF APPROVAL Raymong S. and Dorothy M. Yeager RE -1697 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 (60) days from the date of approval by the Board of County Commissioners. the applicant shall be responsibile for paying the recording fee. 950183 fist"; WUDc. COLORADO February 6, 1995 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 CLE', DEPARTMENT OF PLANNING SERVICES r: ^ 5 PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: Recorded Exemption 1697 SE4 of Section 22, TIN, R63W of the 6th P.M., Weld County, Colorado. Dear Commissioners: This request for a recorded exemption is submitted by Raymond S. and Dorothy M. Yeager. The parcel of land on which this request is being made is Lot A of RE -198 described as the SE4 of Section 22, TIN, R63W of the 6th P.M., Weld County, Colorado. The property is located north of and adjacent to Weld County road 6 and west of and adjacent to State Highway 79. This request is to divide a 143.717 acre parcel into two parcels of 140 acres and 4 acres, more or less. The applicants have indicated through the application materials that they plan on selling Lot B because they are retiring. Lot B will remain in agricultural production. Lot A contains an existing residence. The parcel under consideration was created in 1976 by Recorded Exemption 198, therefore this proposal is the further subdivision of the property utilizing the recorded exemption process. Access to Lot A is existing onto State Highway 79 and access to Lot B is existing onto Weld County Road 6. The State Department of Transportation reviewed this request and feel re-evaluation of access is not necessary at this time since no change of use of the property is being proposed. The Weld County Health Department and Division of Water Resources has reviewed this request and have no concerns. The Department of Planning Services' staff recommends conditional approval of this request. It is the opinion of the Department of Planning Services staff that this request complies with the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance. Respectfully submitted, Shani L. Eastin Current Planner 9:50183 .. -� \I . J , • 3 • y..�. I II L / Si ' a] l‘ 3! 34 Y ,S 13 jl a, Y Y It u I v v I• i%— I q na. �. ry V1 a p as u rs a > o u a a • ., • . • I I r f' NOI • j a • 6 $ 1 / . 1a . ' 1� Ei zi 23 24 A E. ii 22 Ea It 24 Y. II >° ' xI ' :%' x• �8. x, t] - ` I » x, E, it 15 D » S° E+ ROGGEn •� \ is • ° z0 E1 iE • ' la •1 '��..l'•�. So . ! 3S • Ea 24 • .• • H , , i+ °\ w • '- Fii . •l ^'E = ='- ac. ,>-w •�.J '', �.I Ifl- r— + R Falb. X41°-° " :I.... a .. • p \ x.._ x, —' --a ------ -. al p _ - i i -- • •�-• - -•—F•- •�•_ •... - - - - _� • : ' A • o,•El �l I 1 — ;4q .i I a I • � w4 �_- I� •.� 1. • • • i>j z II 0 li a Ez • • xa ° 1� 1. . zo . zz , , 2 o °';� • x, — fix,• • °/ ! n _ 34 s� ...- �oµW) i A D A M S d•,C. 49 51 53 55 57 59 61 63 65 67 69 /1 73 is 77 79 950193 F U) m CO in 0 N N C') 0 0 CD N N H n N N a C) 0 I) O 0 O) deo _ z 0 0 0 z N H 0 0 01 0 0 N 00'54'58" E 2633.03 S 00'25'46 W 1050.00 194 Mg D1 N N Z CO 0 0 0 ZL 6?L su muo9 ssa,, Jo aow ContcHs CO4.Acres more or CO CO x C') N O1 500.00' o- p N C') z m DI m p N N Crl n N N S 00'25'46" W 1.5Ei6.97 Colorado State Highway 79 Al 0 0 (� Iu 0 L) CT) L) 0 X1.1 I 0 O z 950193 4836 Wello 4842 484/ • 4873 4b 78 She 892 489 V 4906 4918 Prospect: 4866 .!4870 4866 4860 APPLICATION FOR RECGHC. EXEMPTION Department of Planning Services, 1400 N. 17th , Greeley, Colorado 80631 PHONE: (303) 353-6100, Ext. 3540, F , (303) 351-0978 FOR PLANNING DP-' N_ USE ONLY: APPL. FEE CASE NO. ZONING DISTRICT DATE RECORDING FEE RECEIPT NO. pla,(Jny APPL. CHECKED BY LF ILam_ JAN a 1995 ra n.,,,nry Planning 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: (See Attached Deed) TOTAL ACREAGE: 144 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 applicant? Yes x NO :ontiguous land owned by the FEE OWNERS OF PROPERTY: Name: Raymond S, and Dorothy M, Yeager Address: Route 1, Keenesburg, Co, 80643 Phone: 732-,4300 Name: Address: WATER SOURCE: Larger Parcel well Smaller Parcel well. TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Sppris PROPOSED USE: Larger Parcel Agricultural :mallet Parcel Residence ACREAGE: Larger Parcel 14G 6maller Parcel 4 EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes Phone: I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. Signat•r=_: Owner or A orized Agent 950193 .00K 724 Recorded at r� o'clock v M OCT - 9_19%4 Rec. No. —1a 4.a.JDS. i.ee Shehee, Jr., Recorder I —/ C' O .O NO NI fl O c- O WARRANTY DEED KNOW ALL MEN BY THESE PRESENT:, That Walter W. Schneider and Dorothe Schneider, of the County Adams and State of Colorado, for the consideration of $100,000.00 in hand paid, hereby sell and convey Raymond S. Yeager and Dorothy M. Yeager, of the County of Weld and State of Colorado, the following real estate aria property, siutate in the County of Weld and State of Colorado, to -wit: The Southeast Quarter (SE 1/4) of Section Twenty - Two (22), Township One (1) North, Range Sixty- three (63) We. or the Sixth Principal Meridian together with r pro rata interest in the waters of the Henrylym Irrigation District by virtue of the inclusion of said land within the boundaries of said district and together with all water and water rights appurtenant thereto and used in connection therewith including irrigation well, pump, electric motor and all other appurtenances, Inclusion witiir the boundaries of the Henrylyn Irriyr .; ion District. 2. Inclusion within the boundaries of Central Colorado Water Conservancy Distrira 3. Present loan to the Equitable Life Insurance Company to be paid by the grantees. 4. Rights away far roads ditches and power lines as now existing or as granted or reserved by instruments of record. Signed anti delivered . Stole Documentary Fee Date.00T - 9.1974. STATE CYY COLORADO ) COUNTS ,IP WELD -Cue foregoing instrument was acknowledged before me this 3uth day of August, 1974, by Walter W. Schneider and this 30th day of August, 1974. 4,464, Dorothe neider Walter W. Schneider r°Qt�V„A... Dorothy, Sc: '`' atA ♦ N RV`. of co° 55 WITNESS my bad and official &cal. 11,: commissi g expires. i11y Comm;:,xion 0r;%Iff,P Juno 1A, 14Si Notary Public 950183 RECORDED EXEMPTION QUESTIONNAIRE 1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used. SEE ATTACHED 2. Describe the location, size and present use of the area where each proposed new lot will be created. 3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. 4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. 6. Explain how the proposal is consistent with efficient and orderly development. 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. 950183 RECORDED EXEMPTION -YEAGER 1. This Recorded Exemption is being proposed to split off a four acre parcel with existing improvements from the entire 144 acre farm. Mr. and Mrs. Yeager purchased the Southeast one - quarter (SE1/4) Section 22, Township 1 North, Range 63 West in 167. From 1969 thru 1972, limited crops were harvested, due to frost and hail, which in turn caused a financial hardship. A fifteen acre parcel was sold in the SE corner of this parcel to prevent foreclosure. To date a portion of the original mortgage still exists. The Yeagers are reaching retirement age and would like to stay in their existing home which is situated on the proposed four acre parcel. They are proposing to sell the remaining 140 acre farm and pay off the mortgage because they feel they cannot afford the mortgage payment upon retiring. 2. The 144 acre parcel is located in the Southeast one - quarter Section 22, Township 1 North, Range 63 West. Presently the entire parcel is being used for agricultural purposes except approximately four acres in the Northeasterly corner where there is an existing house and outbuildings. 3. This Recorded Exemption is consistent with the Weld County Comprehensive Plan because it will allow the Yeagers to remain in their home which they have resided in for approximately 25 years. Access to the 140 acre parcel is from Weld County Road 6 and Colorado State Highway 79. An access off Colorado State Highway 79 now exists for the four acre parcel. This parcel does not lie within any boundaries of a municipal master plan. 4. This parcel and the surrounding parcels are primarily agricultural lands. There are no changes proposed for the use of this parcel. It will remain agricultural. 5. This application is consistent with the traditional use and zoning district (agricultural) since no changes are being proposed. 6. No development of this parcel is going to occur. 7. This proposal in no way will jeopardize the health, safety and welfare of the inhabitants of the neighborhood or the county because there are no proposed changes from its current use. 950isa RECEIVED JAN 0 5 1995 -Y. C. COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 January 4, 1995 CASE NUMBER: RE -1697 TO WHOM IT MAY CONCERN: Enclosed is an application from Raymond S. and Dorothy M. Yeager for a Recorded Exemption. The parcel of land is described as SE4 of Section 22, T1 N, R63W 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 and adjacent to WCR 6 and west of and adjacent to WCR 79. 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 January 19, 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. 1. We have reviewed this request and find that it 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. 4% 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: I /44.4 Agency: P A , `G-- .Lc *3 — JAN 6 ff,q1ll ? O snnian 950193 Is there an existing access to the property? Yes v/. No # of accesses 1 ►****►*►►*►**►►*►►*►*►*►►**►*►********************►**►************ WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Ave., P.O. Box 758, Greeley. CO 306322 (303)3564000 Ext. 3750 1. Applicant Name Dorothy M. Yeager Phone 732-4300 Address Route 1 City KeenesburgState Co. Zip 80643 2. Address or location of access Section 22 Township 1N Range 63W Subdivision Block Lot Weld County Road # st. Hwy 79 Side of Road N S E or Distance from & number of intersecting road 2000' North of Rd. 6 3. 4. Site Sketch • STATE HIGHWAY 79 **►*►**********►*********q*4* 5. Proposed use: _ Permanent x Residential/Agricultural _ Industrial _ Temporary _ Commercial _ Subdivision _ Other ►**►****►***********►**►**►*►**44444****►**►►**********►********** LU 0 c.) z OFFICE USE ONLY Road Co ADT Date Accidents Date Road ST 79 ADT 7s Date Accidents / Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized Information Insufficient Special Conditions PARCEL' B' U6E E ex i sT/N!1 4 G G GS s FROG 6rf4TE NWT/ 79 . RC 'Ai OAJC dee6/be-n/T/ALre¢C,�/CGLTt4- .ean AGGE55 FRO' -1 WC/2 to . Reviewed by: Title: :access.for 950183 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 1420 2nd Street P.O. Box 850 Greeley, Colorado 80632-0850 (303) 353-1232 Weld County, SH 79 Raymond and Dorothy Yeager N.W. Corner SH 79/WCR 6 3 Miles S. of Prospect Valley January 18, 1995 Ms. Shani Eastin - Current Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Shani: The Raymond and Dorothy Yeager application for Recorded Exemption has been reviewed. We offer the following comments: RIGHT-OF-WAY Right-of-way (ROW) has not been addressed by the submittal. Projected traffic along SH 79 indicates the need for a 150 foot total ROW, 75 feet each side of the highway centerline. Additional width to meet the projected need should be protected by reservation or, preferably, dedication as permitted by County regulations. ACCESS The application states that both parcels of the property are to continue their existing use and that no development is planned. The application further states that there is an existing dwelling on Parcel B. Since a change of use of the property is not proposed, re-evaluation of access is not necessary at this time. Access to the state highway is controlled by the State Highway Access Code (SHACode), and the subdivision of property requires that access be brought into conformance with the Code at such time as the property changes use. Conformance with the Code along this section of SH 79 would require that a access for the 144 acres be provided by way of WCR 6. The narrative states that Parcel A has access to both SH 79 and WCR 6, and Parcel B has access to SH 79. The applicant should be aware that at such time as a change of use of either parcel would be proposed, the Department would have a warrant to re-evaluate access. The re-evaluation could require closure, relocation or improvements to the overall access picture. My comments are based upon the submittal as received January 17, 1995. 1\`. JAN 1 ) 1995 950183 Ms. Shani Eastin January 18, 1995 Page 2 Yeager Recorded Exemption Thank you for the opportunity to review the Yeager application for Recorded Exemption. Please contact me at (303) 350-2148 if you have questions. GTH-I/TGJ/gi xc: G. Hice-Idler G. Sisson file Sincerely, Gloria T. Hice-Idler jAssistant to Teresa G. Jones Region Development/Access Coordinator 950183 �i WI�Dc. COLORADO C'. tilJ'4 \,\I t tt • 1 It U>t:_ti CU. HEAT I January 4, 1995 CASE NUMBER: RE -1697 DEPARTMENT OF PLANNING SERVICES PHONE (303) 3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 TO WHOM IT MAY CONCERN: Enclosed is an application from Raymond S. and Dorothy M. Yeager for a Recorded Exemption. The parcel of land is described as SE4 of Section 22, T1 N, R63W 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 and adjacent to WCR 6 and west of and adjacent to WCR 79. 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 January 19, 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. 3. 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: 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: Pleasrefer tq the encl d letter. Signed: 1/ til 15 /WI, gencyt l.d CC STATE OF COLORADO OFFICE OF THE STATE. ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 January 26, 1995 Ms. Shard L. Eastin, Current Planner Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Yeager Recorded Exemption, RE -1697 SE1/4 Sec. 22, T1N, R63W, 6TH PM W. Division 1, W. District 1 Dear Ms. Eastin: Roy Romer Governor lames 5 Lcx hhead Executive Director Hal D. Simpson State Engineer We have reviewed the above referenced proposal to split a 4 acre lot from a 144 acre parcel. The proposed water supply is to be from on lot wells. The 4 acre parcel is served by a n existing well, permit No. 81883. A permit for a domestic type well will be available for the larger parcel the same as for any parcel of 35 acres or more. If you have any questions in this matter, please contact me. Sincerely, J -Li SL JS/yeager cc: Alan Berryman, Division Engineer Water Supply Branch John Schurer, P.E. Senior Water Resource Engineer JAN 3 0 1995 is #Tanning 950183 FIELD CHECK FILING NUMBER: RE -1697 DATE OF INSPECTION: January 9, 1995 APPLICANT'S NAME: Raymond S. and Dorothy M. Yeager REQUEST: Recorded Exemption LEGAL DESCRIPTION: SE4 of Section 22, T1 N, R63W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to WCR 6 and west of and adjacent to WCR 79 LAND USE: N Agricultural Production E Agricultural Production S Agricultural Production, Residence W Agricultural Production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Shani L. Eastin Current Planner 950183 Hello