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Home My WebLink About790815.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 394 - DELMAR AND ELEANOR JOHNSON 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 hearing held on the 16th day of May, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 394 , being the property of Delmar and Eleanor Johnson, described as Part of the Southeast Quarter of Section 22 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: That part of the Southeast Quarter lying North of the L. & W. Canal of Section 22 , Township 7 North, Range 66 West of the 6th P.M. , County of Weld, State of Colo- rado, more particularly described as fol- lows : Beginning at the East Quarter Corner of said Section 22 and considering the North line of said Southeast Quarter Section 22 as bearing South 89°24 '41" West, with all other bearings contained herein relative thereto; Thence South 89°24 '41" West, along said North line, 30 .00 feet to the True Point of beginning; Thence continuing South 89°24 '41" West, along said North line, 2636. 30 feet to a point on the West line of the Southeast Quarter of said Section 22 ; Thence South 00°13 ' 38" East, along said West line, 1703 . 78 feet; Thence along the North right-of-way line of the L. & W. Canal by the following eight (8) courses and distances: North 26°13 ' 27" East, 693.25 feet; North 43°56 '37" East, 165.17 feet; North 75°52 ' 54" East, 87. 15 feet; South 70°55 '01" East, 392. 84 feet; South 77°31 ' 48" East, 332. 68 feet; South 85°27 ' 23" East, 163. 65 feet; North 84°13 '02" East, 1099 .78 feet; North 80°15 ' 26" East, 173 .02 feet; Thence North 00°00 ' 00" East, along the West ROW line of County Road #33 , a distance of 1041 .91 feet to the True Point of Beginning; Said described parcel of land contains 68 .055 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. ti :' - ' 790815 does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and Section 2-1A(3) of the Weld County Subdivision Regulations . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Delmar and Eleanor Johnson be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of May, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO - ATTEST: Tlf.<N Weld County Clerk and R rder erk to the Boa d By:/ /( I %._--D putt' County Cle 't A P ED AS TO c) County Attorney DATE PRESENTED: MAY 21, 1979 A'EC'OM9EI> EXtAIPT/ON 4/0 0707- t_.2- 4 - RE 394 LEGAL DESCRIPTION That part of the Southeast Quarter (SE' ) lying North of the L. & W. Canal of Section 22, Township 7 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the East Quarter Corner (Eq COR) of said Section 22 and considering the North line of said SE4 Section 22 as bearing South 89° 24'41" West, with all other bearings contained herein relative thereto; Thence South 89° 24'41" West, along said North line, 30.00 feet to the True Point of Beg; Thence continuing South 89° 24' 41 " West, along said North line, 2636.30 feet to a point on the West line of the Southeast Quarter (SEa) of said Section 22; Thence South 00° 13' 38" East, along said West line, 1703.78 feet; Thence along the North right-of-way line of the L. & W. Canal by the following eight (8) courses and distances: North 26° 13' 27" East, 693. 25 feet; 0 North 43°56' 37" East, 165. 17 feet;North 75°52' 54" East, 87.15 feet; / n ,141 1 South 70' 55'01" East, 392.84 feet; Ill South 77°31 '48" East, 332.68 feet; South 85°27' 23" East, 163.65 feet; North 84°13'02" East,1099.78 feet; North 80° 15' 26" East, 173.02 feet; Thence North 00°00' 00" East, along the West ROW line of County Road #33, a distance of 1041 .91 feet to the True Point of Beginning; Said described parcel of land contains 68.055 acres, more or less , and is subject to any rights-of-way or other easements ;as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR;'S CERTIFICATE p•"ogim"' .., °ecpgPER k°a 1 Ito FE615/[•ct,s, I hereby certify that this plat was prepared under my supervision; thaXihe same&-vc , is correct to the best of my knowledge and belief. :*;w vt 1 JASPER FREESE i . •: 2 O4 : e COLORADO P.E. & L.S�NO. 4392 'sy��, ao ' ��•: PROPERTY OWNERS' APPROVAL N�\1 s);,%:;. av,"•• 4* We, Delmar G. Johnson and Eleanor M. Johnson, being the sole owners in fee of"'SHE+"dbove described property do hereby subdivide then me as shown on the attached map. i • 24r.� .� ,, ,(� pNN Sy .9,--itna_rad Delmar G. Johnson ,k4.,,,„,,__, Pa��/; .s_ 1 A ,9;•,... or M. Johnso The foregoing certification was knewledged before r� by Delmar G. Johnson and Eleanor Ni. Johnson on this J 7 day of 4tria.4e N 1979. Witness my hand and seal . My Expires: )?�T � Q 1..\c. Doff Commission %' u7 /� \Ctom. . - PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved f rrfiling. Ch3irmaa Boaounty Commissioners ATTEST: i(heAudelMiTtlert/ County Clerkgyd t�//a�1/nw"'vKt • , Dated th//ovL n 9 ( r- / - .'0?- flf 9reese Sny neet ny nil: \a • ,ECO.PDED Air EM °T/ON No 07 07-22 • -4 -RE 3 9 4 • ,Oozy at BEarnut..,w Are*Cot sec.ee, T. 7,✓., A?.GL a/. scale:/=WO' . 7 .SBJ•Pq'.n.,. re-ratio' S✓9 P/'Fi:! . fr 1") )1‘,, tE%I js �W 3 1°18\ LOT '8' o a a GA 9 CS 90 _e'e AAA a' 5 Z, S90 ev a' aJ. '~ne/NT or �.��u f4 C ,�e rescE 3es 9C 8 elAr M Bf6/NNw4 ,p".BO" /or,' $ 4 <Or;v' gA31�Ile 4-.4.-. 3./s6t,Acres 8 q, i°o:Ct. NeArgiS f ‘ �t X3.72��;t: /099.7 B4/-5/' '^ 1'r -t��w!,0%5'7a- V �� S'_�— /73.02 pB¢/3'O2'•_ ';. 0 44 SBnn3 S• ,,,DEL D cA NAL 4 '15' /c3 cs' �peiro'e S ti XO7 B ' G4. 900,/ ,.pen-s 4 ,„‘• T0TAL 6e. et,SS t.„..Pe,YS i avr/vERs r DEL,s,,4R G. f ELE,,N4e Al. ✓O//NSOW I .POUT' 2 Sex/77 i6 EATON, COLD. X06/S 5 3 14 I \0 c..Rd.gp CY 1 m T.7M . _ a i j V 1 22 21 23 'v . M No 41\ I 11 LOT:A. t r o.61.16 27 24 28 . 1. 4 4/C/N/TY M,4,o a. set/.• re awes' /eesc engineering 79-,aB • DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 111 D C. COLORADO May 16, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #394 Dear Commissioners : The attached application, plat and related items are in reference to a request for a recorded exemption by Delmar and Eleanor Johnson. The property is described as Pt. SE4 Section 22, T7N, R66W of the 6th P. M. , Weld County, Colorado . This property is located 1-1/2 miles south and 1 mile west of the Town of Ault . The property con- tains approximately 68 acres of Class II irrigated soils . The request is to split the property into parcels of 64. 9 acres and 3 . 1 acres . On February 14, 1979, the Board of County Commissioners approved a request by the Johnsons for a lot size variance so that they could make application for this recorded exemption. At the time they made the decision on that request, the Department of Planning Services Staff submitted a letter of recommendation to the Board. A copy of that letter of recommendation is included in the attached packet. Nothing has been received by our office that would change our recom- mendation of approval for this request as outlined in the letter to the Board of County Commissioners dated February 14, 1979. This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations . Respectfully, UieCts 1 x� Vickie Traxler Assistant Zoning Administrator csd / 77 g',�- ) aff, ,v,„; yea; ,Atz „ ,,4 3. i c r �_ntittiht„ -Leve It �' -° „74, riot - ,- 07� of 7 Yom- /4`z4 At- -e._ 74 / Je-iza �� z��e � �,e A 7x40 11A _ 44 API- LIGATION FOR RECORDED EXEMkLION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . P&.. 3144 APPL . FEE l5.00 ZONING DISTRICT { RECORDING FEE / /, 00 , 7 3 DATE ' - as-74 RECEIPT NO . lOL}ZS APPL . CHECKED BY LiT. 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 legal description" ACREAGE : Lot "A" 3. 155 ; Lot " B" 64.900 ; Total 68.055 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X Are there any existing improvements on Lot A? Yes X No Lot B? Yes No X FEE OWNERS OF PROPERTY : Name : Delmar G. Johnson and Address Route 2, Box 177 Phone 454-2975 Name : Eleanor M. Johnson Address Eaton, CO 80615 Phone Name : Address Phone WATER SOURCE FOR: Lot "A" ; Lot " B" Irrigation 3 N Weld Wtr TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" None PROPOSED USE FOR : Lot "A" Residential ; Lot "B" Agricultural and future Residence 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 COLD ) ?e STATE OF COLORADO ) ✓ 7y Signature : Owner o Authorized Agent Subscribed and sworn to before me this 27 day of 7yla,,cd6 , 1977'. SEAL N�rb1 ic 7J1 .3) /98/ My Comm expires : u LEGAL DESCRICION .4 22 - 7 -66 CASE NO. RE 3614 LAKE x5j 5-8 X-530 'J F CI B S-B 5-8 X 3-C L 2. SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 5- B a4 ICa 1�Le x 53 -8 32. 1s_ �t X>"3 - D 31 Ads • I 'el 1(' {3" ;.y t �,.'ss. s"1 kY i, XPlta '� 8 'h s i i"1,:Ps 'A 111'P 3R'';:s '] p 7f? �. y4 Nor ' k c • rul t uj. 'Y_ u M "ii µ, i5 � 1% - k 15 X 1,a 'll' • 'f_ . r . 9 r ar 1 &YIP' 1 a ltx , . � � �� 394 yit'' (}� ,R11.x i ��s. C` 14,..,,b4, 9 { '' sh +5 . 1nt ,-..,,,I. a,• �`"x �1 h Y f , t< 1,� I I v<ii• Y� 1 �. E K ..r 't 4 4 I,t 1,A P � ri r a ry9 ,1i ;. P� 7 ,,,,,,,,,,,,,,,, ,I,,,,,,,,,,,,,,,„,),,. ` �� c j,- , ,, pµg d www,}w f� ��' 1MIIGP,� r �-I: „ r �I ,IL -i,.„ : Il iiw ltv � ! „ 1 l ,+ F. x i 4ry 1. Iii r^ 1t{t i !pI A . i .y $ y, 114 L .Via} n X ,a ` 't �nh. I 4 3. I .. 4 >♦s eI', I A e l an ( . DEPARTMENT OF PLANNING SERVICE PHONE (303)3564000 EXT.4( 9151;TH STREE GREELEY,COLO=ADO 806: D a • COLORADO February 14, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #82 Dear Commissioners: The attached letter and related materials are in reference to a re- quest for a lot size variance from Delmar G. Johnson. The parcel of land is described as Pt . SE* Section 22, T7N, R66W of the 6th P. ii. , Weld County, Colorado. This property is located 1-1/2 miles south- west• of the Town of Ault. The property contains approximately 68 acres of Class II irrigated soils. The request is to obtain a variance from the minimum lot size requirement , Section 9-4 A. (6) so that Mr. Johnson may make application for a recorded exemption. If this lot size variance is granted, Mr. Johnson will proceed with an application for a recorded exemption to divide the property into two parcels. One parcel which will be sold contains approximately 5 acres, including an existing residence, shed and barn. The balance of the property will be retained by Mr. Johnson as a future home site and agricultural operation. The 63 acres also contains an existing resi- dence. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the re- quest be approved for the following reasons: 1. The proposed split conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3. 3 A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zone District) , and the Weld County Comprehensive Plan in that each parcel does have an exist- ing set of improvements. The use will be compatible with surround- ing agricultural uses. The request will allow agricultural and pit 4 Board of County Commissioners Page 2 February 14, 1979 related uses to be the predominant land use. There will be no reduction in the amount of land currently being used for agri- cultural production. 2. The Town of Ault has no objections to this request. 3. The request complies with Section 9-4 A. (6) of the Weld County Subdivision Regulations because in the opinion of the Department of Planning Services Staff, the applicant has shown good cause for the variance. R: spe tful . , homas E. Honn Zoning Administrator VT/csd • . r �. • I 11! 1 - ; ; I •IIIl Id I'I 'dll1II11 ,I if II punt, (awn 3!•6 n"nn I.).! . !11!. I0 I II 51111 1 (.I1Lf LI 1',11u1 'PIAIJ(1 1111 li 1 �t jr��1-1.,c z: j,: `�__ CASE NUMBER LSV-82 COLORADO p REFERRAL . TO WHOM IT MAY CONCERN: Enclosed is an application from Delmar G. Johnson for a Lot Size Variance The parcel of land is described as Pt . SE* Section 22, T7N, RGGIY The location of the parcel of land for which this application has been submitted is 1-1/2 miles southwest of the Town of Ault This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests , we would appreicate a written reply to include in our files , or check the box at the bottom of this page and return it to us . We would like to receive your comments by February 8 , 1979 so that we can complete our review before the scheduled Board of County Commissioners meeting. Thank you very much for you::: 5'0, cooperation in this matter . I ?. :- . FFg 1;;is1 , Wp� ECEIV�U ._ . WeleCAe,ry.___C9AIAR CCe� Assistant Zoning Acnunistratol ,, srkt (l J� W1tie\have reviewed the request and find no conflict with our interests. Signed \''.4.4,) a . (: Yom. et, Date 72,4-4 (- / eil j Agency(. Icl� (,/. - t; .lc :r ( eit-r.,,,_ • J . I • ' (-1:: mE1noRAnDU . ,. To ILOC) . Planning Commission Date January 25 , 1979 IM COLORADO From Gilman E . Olson , Utility-Subdivision Administrator Subject: Delmar G . Johnson ( L .S .V . ) There are no engineering problems anticipated by this request . Any new access will need to prior approval . G • "an` `. Olson Utility-Subdivision Administrator 2�5e6c, am.. ,AN1919 (((� RECEIVED w 4`1 yjde Duet Planning tosnosita ci.ji 4 }.. .• r , i , II I ' I . I ; 'I ' I I III I'I Al Jill H i ;vil r ri ir•r:r cunt: ,64 ''•0 1.x) 4 91510111 SIllE GREELEY.WIMP ADO 806 r.eit: DJ, 0 s Ci r't i 4i `'; 3 �.�-r1 CASK NUMBER LSV-82 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Delmar G. Johnson for a Lot Size Variance • The parcel of land is described as Pt . 51 ; Section 22, T7N, R66IY The location of the parcel of land for which this application has been submitted is 1-1/2 miles southwest of the Town of Ault This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests , we would appreicate a written reply to include in our files , or check the box at the bottom of this page and return it to us . We would like to receive your comments by February 8, 1979 so that we can complete our review before the scheduled Board of County • Commissioners meeting. 'thank you very much for your help . and ��}"C93U?9: cooperation in this matter. ,, l '��\` 1!' Cory ___C-91a-- Assistant Zoning A nu.nistrato ` W We have reviewed the request and find no conflict with or.y-'r rests. . Signed , f+ 1^ . °� 1_L,t. L 1 Date TLt ,if/ 1 7 7 Agency ri '• id C('L,_,J y ,•c- // '1)11 r at 4 FIELD CHECK FILING NUMBER: LSV-82 DATE OF INSPECTION : 1/26/79 NAME: Delmar G. Johnson REQUEST: Lot Size Variance LEGAL DESCRIPTION: Pt . SE; Section 22 , T7N , RGGW LAND USE: N Agricultural E Agricultural S Agricultural jy Agricultural . ZONING: N Agricultural LOCATION: 1-1/2 miles southwest E Agricultural • of the Town of Ault S Agricultural • w Agricultural COMMENTS : _Where is one existing residence and outbuildings on the parcel Access to the residence exists from County Road 33. There are 4 residences in the immediate vicinity . Said property appears to be level , irrigated farmland. A ditch forms the south boundary of the property . There is also a building which appears to have been farm labor housing on Lot B. The building appears to be unoccupied and in state of disrepair . BY : ll rc i1 u_4Lr t KOCHENBURGER 8 SMITH JOHN E. KOCHENBURGER ATTORNEYS AT LAW TELEPHONE KELSEY J. SMITH 215 WEST OAK SIRE ET,SUITE 204 AREA CODE 30? DARRYL L. FARRINGTON FORT COLLINS, COLORADO 80521 482-4477 February 7, 1979 County of Weld Weld County Courthouse P. O. Box 789 Greeley, CO 80631 RE: Delmar Johnson - Larimer and Weld Reservoir and Canal Company Gentlemen: We have been advised that Mr. Delmar Johnson has requested that you graht him . permission to subdivide a parcel of land along the canal belonging to the Larimer and Weld Irrigation Company. We have certain concerns in regard to this matter and ask your assistance. Before the land is subdivided, we would ask that the easements and rights-of- way for the operation and maintenance of the canal be recognized. We normally request that the subdivider convey to the irrigating company a strip of land which is 20 feet from the outermost bank of the ditch or to the fence if there be one, whichever is greater. We have asked that this be conveyed to the com- pany so that there be no questions as to the ownership and use of the parcel of ground. Normally in the event of any subdivision, we find that the rights- of-way are not used and should not be used and therefore a conveyance gives the greatest assurance. Our experience in the past is that rights of easements and rights-of-way which are oftentimes interpreted by the Court to be a joint easement or right-of-way gives rise to the installation of utilities and the like along the canal. This creates a great deal of problem, particularly when the utility company installs boxes and other types of structures. We would ask that no drainage be placed into the canal without the appropriate studies of both the canal and the volumes of drainage. This company is con- cerned over the imposition of storm drainage water into the canal without ade- quate provision for the ultimate disposition of .the water. Particularly in Larimer County where we find a large number of subdivisions along the canal, it has become quite apparent that the canal will he unable to handle the water. We are attempting to consider the problem before it becomes critical. We would ask that no subdivision be made over the facilities of the irrigating company. The reason for this is that if a plat is designed so as to include the properties of the company, a subsequent purchaser (particularly if he is February 7, 1979 Page Two not sophisticated in the ways of irrigation) will assume some type of ownership in the area and the problems then become insurmountable. We would ask that the subdivision plat clearly recognize that there will be seepage from the canal and that if a basement is built or foundation constructed, seepage could very well encroach upon the house. We feel that it is incumbent that a buyer of the lot be fully advised of the possibility of seepage. Again, if the lot buyer is unfamiliar with irrigation practices , he could very well purchase the land when the ditch is dry and construct his basement and not have the seepage problem until it is too late. For this reason we ask that _full disclosure be made in the subdivision plat. Any approval, consent or cooperation we might give would certainly not imply that we are in any manner permitting the subdivider or the subsequent lot purchasers to use any of the assets, including the waters, of the company. It is always quite a temptation to try to figure out a way to use the irrigating ditch water for the watering of lawns, but we cannot permit this. If you have any questions concerning this , please feel free to call me or call the irrigation company in Eaton. Respectfully yours, J n E. Kdch urger By:Kelsey J. Smith, Partner JEK/vm NS 6789 r, FEB 1979 `J nt RECEIVED { co Pell County r. Planning Conmnisslae v' c' $ . f • I ' •tl', mill ".ILE I I r rl VP 'I' ' • COLORADO May 28 , 1978 Delmar Johnson 2] 150 \VCR 7G Eaton , CO 80615 RE : 60 Acres pt SE^_ Sec 22-7-GG N . of L 11 W Canal Dear Delmar : After consulting with the Zoning Administrator , Tom Ilonn , we • have determined that a new residence could be built on the above described property by exchanging existing square footage of residential structures for new square footage--specifically , we could exchange the existing labor house and the single bed- room house for a new residence . The existing residential structures would have to be removed or torn down within 30 days of occupancy of the new residence. . • Should the new residence greatly exceed the square footage of the existing residences , you would be required to obtain approval of a Conditional Use Permit by the Weld County Planning Commission and the Board of County Commissioners. If we can be of further assistance , please do not hesitate • to call . Respectfully, • Robert C. Adams %cu) ing lII:Ter.l.or . RCA: lunh - RECORDING DATA - MAPS & PLA7� NAME OF SUBDIVISION Recorded Exemption 110707-22-4-RE394 NAME OF SUBDIVIDER Delmar G Johnson & Eleanor M Johnson Pt. SE34 Sec. 22, Township 7 North, Range 66 West of the 6th P.M. LOCATION OF SUBDIVISION 1'791239 DATE OF RECORDING MAY 221979 BOOK 869 RECEPTION # MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: AuJ- "MinA-Vi DEPUTY COONTC CLERK b RFC.ORDFR Hello