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HomeMy WebLinkAbout790829.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 381 - ELVIRA IHNEN. 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, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public meeting held on the 28th day of February, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land, being the property of Elvira Ihnen, does not come within the purview of the definition of the terms, "sub- division" and "subdivided land, " pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, said Board of County Commissioners did approve Recorded Exemption No. 381, by Resolution, on February 28 , 1979 and WHEREAS, the Board of County Commissioners of Weld County, Colorado has been informed by the Weld County Department of Planning Services, that the aforementioned Recorded Exemption now needs to be amended to correct an error made at the time the property was surveyed, and WHEREAS, said amendment will realign the common property line of Lots A and B to assure the best flow of irrigation water on the property, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it advisable and in the best interests of Weld County to approve said amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove amend- ment to Recorded Exemption No. 381 for Elvira Ihnen be, and hereby is, approved. 790829 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO (Aye) Norman Carlson, Chairman (ABSENT) Lydia Dunbar - f° f/.- v (Aye) C. W. Kirby 1/2/ / Absent date presented (Aye) .Ez nard L. Roe / , 1111- �etiI \ G%l (Aye) e K. St inmark ATTEST: Weld County Clerk and Recorder Clerk to the Boar Cd: I f'&--0,,,,, rit. e ((/ I Gv / Deputy County erk ( I APPROV AS TO FORM: Arks- County Attorney DATE PRESENTED: AUGUST 13, 1979 • AMENDED Welc aunty Recorded Exemption # 106'-1-2- RE 381 i STATE HIGHWAY NO. 60 NW COR: 130' SEC.6-4-68 589°55'53"W 1320.32' • II30' 30' to be reserved for a future road right-of-way, subject to existing easements, provided owners or their successors in \ title are paid a fair market value at the time the use is ° Iestablished. I I li I m N \ LOT B v ±67.50 ACRES N NI O I� 2ri Z N \N o4 W .!I Z r v SCALE ° I':300' re) I— Z Z z 0 w I 61 in a W o 130' W ° 3 0 in U'1 I 20' IRRIGATION 30' HOME SUPPLY' EASEMENT DITCH EASEMENT N80°I9'I?�"W / 161.49 5.85°43'51"E. N47°28'015"E 0 732.96r--mil 'E 210.67 °A 73 LOT A 108AT 1478°2139 Q HOME SUPPLY DITCH I +2.5I ACRES V 338• N53°05'51"E 227.23' 5.73°39'40"E •....__..------ 69.09'69.09' N82°20'31"E 259.89' m 564°54'34"E 114.52' S.W.COR. NyyyI 1/4 SEC.6-4- N 89°47'00"E • KRUBACK ENGINEERING-SURVEYING, IN 903 Cleveland Avenue LOVELAND, COLORADO 80537 Phone 667-8010 Sheet 1 of 2 Job # P-79-242. • AMENDED Weld County Recorded Exemption # 1061-6-2-RE 381 nf�� 4 °/If it LOT A 3 11^ All that portion of the Northwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Considering the West line of said Northwest Quarter of Section 6 as bearing South 04°53'45" J•- East and with all bearings contained herein relative thereto. Commencing at the Northwest {- corner of said Section 6; thence along said West line of the Northwest Quarter South 04°53'45" East 2273.50 feet to the TRUE POINT OF BEGINNING; thence leaving said West line South 85°43'51" East 732.96 feet to the centerline of the Home Supply Ditch; thence along ' said centerline the following five (5) courses and distances: South 78°27'28" West 103.47 • feet; South 53°05'51" West 227.23 feet; South 82°20'31" West 259.89 feet; North 64°54'34" West 114.52 feet; North 73°39'40" West 69.09 feet to said West line of the Northwest Quarter thence along said West line North 04°53'45" West 180.00 feet to the TRUE POINT OF BEGINNING Said Lot contains 2.51 acres, more or less, and is subject to the existing County road right-of-way along the West line thereof; is subject to a 20.00 foot irrigation easement adjacent to and parallel with said County road right-of-way; is subject to a 30.00 foot Home Supply Ditch easement along the Southerly line thereof; and is subject to all other easements and rights-of-way now existing or of record. LOT B All that portion of the Northwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Considering the West line of said Northwest Quarter of Section 6 as bearing South 04°53 '45" East and with all bearings contained herein relative thereto. Beginning at the Northwest corner of said Section 6; thence along said West line of the Northwest Quarter South 04°53'45" East 2273.50 feet; thence leaving said West line South 85°43'51" East 732.96 feet to the centerline of the Home Supply Ditch; thence along said centerline the following three (3) courses and distances: North 78°27'28" East 229.92 feet; North 47°28'05" East 210.87 feet; South 80°19'12" East 161.49 feet to an existing fence line; thence leaving said Ditch centerline and along said existing fence line and its Northerly prolongation North 03°49'27" West 2164.78 feet to the North line of said Northwest Quarter of Section 6; thence along said North line South 89°55'53" West 1320.32 feet to the point of beginning. Said Lot contains 67.5 acres, more or less, and is subject to the existing County road right-of-way along the West line thereof; is subject to the existing State Highway right- of-way along the North line thereof; is subject to a 30.00 foot Home Supply Ditch easement along a portion of the South line thereof; and is subject to all other easements or rights- of-way of record. We, the undersigned, being the sole owners in fee of the above described property do hereby divide the same as shown on the attached map. , Elvira Ihnen Joan Lutz) 1).. Verna Mae Ihnen / ..------- . The foregoing certification wa$ acknowledged 77/2 E __ before me this '' day of Derr L. Cars n � � 1979. My commission expires �_7 1 - A.D. Ty �• - ;r 3 Witness my. Hand and Seal. (_ GZ C....k•J� Margare M. Carson ( - .-7 L: , I �t.i( t _ ;-;.ai Notary Public I hereby certify that this plat was prepared under my supervision; and that the same is correct to the best of my knowledge and belief. KRUBACK ENGINEERING- SURVEYING, INC. BY vt ci';6.9-a:a (-ea.o Donald Frederick CO L.S. #11989 Hi • STATE HWHWAY 'p p0 .1 `S I The accompanying plat is accepted and approved t: • 1 • \ 'i for filing. , I r Chairman of the Board of County Commissioners 1 8 0 I Attest: C y Cle -& ecorder _ A. O. y 7 ���lll �.. I ( DATED: —k- )S • �' �' Y / I �. / 1-"riF T rge"r KRUBAC 903 ENGINEERING-SURVEYING, eRVEYING,INC. .... ,1 anue LOVELAND, COLORADO 80537 • IF ) C� Phone 667$010 .,.. ,,.... , , , _ . _ T i y ` ./ ( ! - f_. / :1 Sheet 2 of 2 VICINITY MAP SCALE: I" = 2000' Tnh it p-79-2427 RECORDING DATA - MAPS 6 PLATS _ 7 AF 7R1 _ _ .. _.__.. NAME OF SUBDIVISION naea-n� -'Exempt�'°n-#1066. _� !— lvira Ihnen . Jerr L Carson Mar are. M Carson, Joan, Lutz, NAME OF SUBDIVIDER .�__-- —' 'Y �� Verna Mae Ihnen Pt. N Section 6�shiP_4 Nor ht_ Range 68 West of the 6th P.M LnraTloN of SUBDIVISION _._. __W4 of -- 1800194 AUG 161979 BOOK 878 RECEPTION # DATE OF RECORDING -- --- MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RFC/DRDER BY: 11:1- 19 ) DEPUTY COUNTY CLERK & RECORDER DEPARTMENT OF PLANNING SERVICES PHONE (30313564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO August 8, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Amendment to Recorded Exemption #381 Dear Commissioners: The attached application, plat and related materials are in reference to a request from Mrs. Elvira Ihnen, et al, to amend Recorded Exemp- tion #381 . The property is described as Pt . NW4 Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. This property is located at the southeast corner of the intersection of County Road 1 and Colo- rado Highway 60. The request will realign the common property line of Lots A and B to assure the best flow of irrigation water on the property. Based upon the information submitted, the Department of Planning Ser- vices Staff recommends approval of this requested amendment since the impact would not appear to be any different than the original request which has already been approved. This amendment request is in com- pliance with Section 9-4 A. of the Weld County Zoning Regulations. Respectfully, e9,a. c.AA•vs2.4t.e... Chuck Cunliffe Assistant Zoning Administrator csd APPLICATION FOR RECORDED EXEMPI .ON PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . Dvitygle,A, grist APPL . FEE A rI ZONING DISTRICT tn(ya��1AY0o1 RECORDING FEE ,CD DATE JUL 24 1979 RECEIPT NO . 101,0(010n'� 'C.4 APPL . CHECKED BY eat, 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 : ACREAGE : Lot "A" 2.51 ; Lot " B" 67.5 ; Total 70.01 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes xxxx No Are there any existing improvements on Lot A? Yes No xxx Lot B? Yes xxx No FEE OWNERS OF PROPERTY : 23974 Weld Co. Rd. 1, Name : Elvira & Verna Mae Ihnen Address Loveland, C0.80537 Phone 667-2594 Name : Joan Lutz Address Phone Name : Jerry L & Margaret M. Carson Address Weld Co. Rd. 1, Phone Loveland, CO. 80537 WATER SOURCE FOR : Lot "A" LTVWT) ; Lot " B" TTVGTD TYPE OF SEWER FOR : Lot "A" Septic System ; Lot " B" Septic System PROPOSED USE FOR : Lot "A" agriculturally ; Lot "B" agricultural oriented residential residential I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO ) X H Signature : Owner or horized Agent r4 Subscribed and sworn to before me this ../ day of Vic ., , 1927. .7 a SEAL .47???���re _ter L 75( 7c ( ti 11-411-4--7_Q Notary Pub L My Commission expires : f t Cir Gregg ' T nnicliff 23 July 1979 Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Gentlemen: We respectfully request a revision to our recorded exemption #381. This exemption was approved by the Weld County Commissioners on February 28, 1979. Because of deep snow on the ground at the time the property was surveyed for the exemption, a mistake was made in the north boundary. In order for the irrigation water to flow correctly, we would like to move the north line as shown on the enclosed map. It is our understanding that the existing exemption will not be jeopardized by this request for a revision. The legal description of recorded exemption #381 with requested revisions follows: LOT A All that portion of the Northwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Considering the West line of said Northwest Quarter of Section 6 as bearing South 04°53'45" East and with all bearings contained herein relative thereto. Commencing at the Northwest corner of said Section 6; thence along said West line of the Northwest Quarter South 04°53'45" East 2273.50 feet to the TRUE POINT OF BEGINNING; thence leaving said West line South 85°43'51" East 732.96 feet to the centerline of the Home Supply Ditch; thence along said centerline the following five (5) courses and distances: South 78°27'28" West 108.41 feet; South 53°05'51" West 227.23 feet; South 82°20'31" West 259.89 feet; North 64°54'34" West 114.52 feet; North 73°39'40" West 69.09 feet to said West line of the Northwest Quarter; thence along said West line North 04°53'45" West 180.00 feet to the TRUE POINT OF BEGINNING. Said Lot contains 2.51 acres, more or less, and is subject to the existing County road right-of-way along the West line thereof; is subject to a 20.00 foot irrigation easement adjacent to and parallel with said County road right-of-way; is subject to a 30.00 foot Home Supply Ditch easement along the Southerly line thereof; and is subject to all other easements and rights-of-way now existing or of record. • 746 Cleveland,Lovelagd.Co. 80537 (303)- 669- 4t Department of Planning Services 23 July 1979 Page 2 Los B All that portion of the Northwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Considering the West line of said Northwest Quarter of Section 6 as bearing South 04°53 '45" East and with all bearings contained herein relative thereto. Beginning at the Northwest corner of said Section 6; thence along said West line of the Northwest Quarter South 04°53'45" East 2273.50 feet; thence leaving said West line South 85°43'51" East 732.96 feet to the centerline of the Home Supply Ditch; thence along said centerline the following three (3) courses and distances: North 78°27'28" East 229.92 feet; North 47°28'05" East 210.87 feet; South 80°19'12" East 161.49 feet to an existing fence line; thence leaving said Ditch centerline and along said existing fence line and its Northerly prolongation North 03°49'27" West 2164.78 feet to the North line of said Northwest Quarter of Section 6; thence along said North line South 89°55'53" West 1320.32 feet to the point of beginning. Said Lot contains 67.5 acres, more or less, and is subject to the existing County road right-of-way along the West line thereof; is subject to the existing State Highway right- of-way along the North line thereof; is subject to a 30.00 foot Home Supply Ditch easement along a portion of the South line thereof; and is subject to all other easements or rights- of-way of record. We have closed on the sale of Lot A but feel your approval of the request for revision is still very important in order to assure the best flow for the irrigating water. This is true for the sake of our property as well as the new owner of Lot A. Thank you, very much, for your consideration. Respectfully submitted, UV/Lb 771 Elvira Ihnen Jerry L. Car on . FIELD CHECK FILING NUMBER: LSV-78 DATE OF INSPECTION: Dec . 1 , 1978 NAME: Elvira Ihnen REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . NW* , Section 6 , T4N, R68W LAND USE: N Agricultural E Agricultural S Agricultural l9 Agricultural ZONING: N Agrirnitnral LOCATION: Southeast corner of the _ . E Agricultural the intersection of County Road 1._=_ _ S Agricultural - - and Colorado Highway 60 W Agricultural COMMENTS: The existing improvements are located in the northwest corner of this property.. • The improvements _include a . residence -and • several out buildings . Accesses to the property are existing . The majority of the property has been in agricultural production (corn ) . The south boundary line of this property is a ditch . The proposed request is to split approximately 23 acres off the southwest corner of this property . Natural drainage to the property appears to be to the north on the northern 3/4 of the property and the southern part of the property drains to the south into the ditch . The property to the south across the ditch contains at least three residences. 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