HomeMy WebLinkAbout790821.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 389 - FRED O. GIBBS,
JOHN D. PEARSON AND A. BRUCE AND JANET H. 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. 389 , being the property of Fred O. Gibbs, John D.
Pearson and A. Bruce and Janet H. Johnson, described as Part of
the Northwest Quarter and Part of the Northeast Quarter of Sec-
tion 28, Township 4 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as follows :
Part of the Northwest Quarter (NMI) and the North-
east Quarter (NE4) of Section 28, Township 4 North,
Range 65 West of the 6th P.M. , County of Weld,
State of Colorado being more particularly described
as follows:
All of the Northwest Quarter (NWa) , Excepting there-
from right-of-way as conveyed to the Farmers Reser-
voir and Irrigation Co. by deed iecurded in Book 406,
Page 114, Weld County Records; also Excepting right-
of-way conveyed by deed recorded in Book 847, Page
231, Weld County Records; Also the West Half of the
Northeast Quarter (W'5NEa) , Except that portion thereof
conveyed by deed recorded in Book 595 under Reception
No. 1516789, Weld County Records, Except strips of
land as conveyed by deed rewrded in Book 406, Page
114 and in Book 847, Page 232, Weld County Records.
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.
` i
790821
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 Fred O. Gibbs, John D. Pearson and A.
Bruce and Janet H. Johnson, be, and hereby is, exempt from the
definition of the terms "subdivision" and "subdivided land" pur-
suant 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
ELD COUNTY, COLORADO
ATTEST: CLu v.:•- r. . L I /6u:
Weld County Clerk and Recorder
and Clerk to the Board
7-
By: /
y ' ounty Cle
-NAP'RO AS TO FORM:
GI
County Attorney
DATE PRESENTED: MAY 21, 1979
.
. 9ECORDED EXEM.°T/ON 4a, /055-28- 4-RE389
LEGAL DESCRIPTION
Part of the Northwest Quarter (NFJa) and the Northeast Quarter (NEa) of Section 28,
Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado o a
being more particularly described as follows: s
bi id
All of the Northwest Quarter (NW4) , Excepting therefrom right-of-way as conveyed to yh,
the Farmers Reservoir and irrigation Co. by deed recorded in Book 406, Page 114,
Weld County Records; also E;:cepting right -of-way conveyed by deed recorded in
Book 847, Page 231 , Weld Cr,unty Records; Also the. West Half of the Northeast Quarter
(W; NEa) , Except that portion thereof conveyed by deed recorded in Book 595 under
Reception No. 1516789, Weld County Records , Except strips of land as conveyed by
deed recorded in Book 406, Page 114 and in Book 847, Page 232, Weld County Records.
M,�••f,Unwi
SURVEYOR' S CERTIFICATE 5V;. .."FE'
I hereby certify that this plat wa p "pared undegt m� supervision; and that the same
is correct to the bes my knowl wa J`g iLf ii i,
°.°:.,`� N
:q�
JASPER F' E . — .f; *•"
'. "•.„ern-:k"'. .-n.
COLORADO E. L.S. NO. 4392
PROPERTY OWNER(S) APPROVAL
We, G & P Enterprises (Fred 0. Gibbs and John D. Pearson) and A. Bruce Johnson and
Janet H. Johnson being the sole owners in fee of the above described property do
hereby subdivide tr same ds shown on the attached p.
,A,i tet_2 /\a.�vsr,k% �-✓/ (/( / '
A. Bruce Johnson Fred 0. Gibbs, G & P terprises
• , d1--,---.
d1 —. 0, (r_c- _�
J et H. Johnson John p Pearson, G.& P Enterprises
The foregoing certification was acknowledged before me this %/j day of 412,j,, 197L
Witness my hand and seal
My Commission om- Expires: 6
ge /c, cm— 1971 N y s te ,Public ��� 2
PLANNING COMMISSION CERTIFICATE
The accompanying plat ' accc ted and approved for filing.
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS annnraQA
ATTEST: County Clerk / __ -- AA
•
_ R�
i Dated ..94/59
.
Y_
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,Meese 61g neerng 7e-/26 1
AEC'O/ROED a XE, P7/ON No /v55- 28- 2-RE 389
Sec. 2e
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DEPARTMENT OF PLANNING SERVICES
PHONE 1303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C. p ,
'LIFA
COLORADO
May 16, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Recorded Exemption #389
Dear Commissioners :
The attached application, plat and related items are in reference to
a request by Fred 0. Gibbs , John D. Pearson and A. Bruce and Janet
H. Johnson for a recorded exemption. The parcel of land under con-
sideration is described as Pt . NW% and Pt. NE% Section 28 , T4N, R65W
of the 6th P. M. , Weld County, Colorado . The property is located
3-1/2 miles south and 1 mile east of LaSalle. This property con-
tains approximately 206. 6 acres of Class II, III and VI irrigated
soils . The request is to split the property into parcels of 185 +
acres and 21. 6 acres . As indicated in their letter dated April 5,
1979 , the applicants wish to sell the 21. 6 acre parcel with improve-
ments and corrals due to problems of maintenance and vandalism. The
applicants will continue to farm the remaining larger parcel.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the
request 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. The use will be compatible with
surrounding agricultural uses . The request will allow agri-
cultural and related uses to be the predominant land use. There
will be no reduction in the amount of land currently being used
for agricultural production.
Board of County Commissioners
Page 2
May 16 , 1979
2 . This request complies with the provisions of Section 9-4 A. of
the Weld County Subdivision Regulations .
Respectfully,
i CL. 4 Tea tL-
Vickie Traxler
Assistant Zoning Administrator
csd
PLICA." JON FOR RECO -:,:ED Ea Hi'LHUB
P' ., 356-4W0 ;.;:t. . 404
Deloarti: ent of Planning ±cr': icrs , 917 - 10th Strert Creelr C ;r : do
FOR PLANNING DEPABTI.c':T GS_- ONLY :
CASE NO . 'Q%$ 3 ?NC:t. APPL . FEE A039.15
ZONING DISTRICT f\ RECORDING FEE`1 d-p i
DATE - \ -.1q RECEIPT NO . .74,:21
A^PL . CHECKED BY U_T.
TO DE COMPLETED BY APPLICALT ( Pit or type only except for required
signatures ) :
I (we ) , the undersign ', hereby requc f that the following desorH ed
property be designated a rec.Hrded exemption by the '':'eld County Board
of y C :: nmissioncrs . LEGAL DESCRIPTION : Township 4 North, Range 65
West of the 6th P.M. , Section 28: All of the Northwest Quarter (NWT) , Excepting
therefrom right of way as conveyed to the Farmers Reservoir and Irrigation Co. by
deed recorded in Book 406, Page 114, Weld County Records; also Excepting right of
way conveyed by deed recorded in Book 847, Page 231, Weld County Records; ALSO the
West Half of the Northeast Quarter (WANE') , Except that portion thereof conveyed by
deed recorded in Book 595 under Reception No. 1516789, Weld County Records, Except
strips of land as conveyed by deeds recorded in Book 406, Page 114 and in Book 847,
Page 232, Weld County Records;
ACREAGE : Lot "A" 21.621 ± ; Lot " B " 185 ± T o +.a l 206.621 +
-
"as this property ben : dni ed 'rem or had di .ni H d from it any other
property since AugL, st 3L , 1572? Yes Ro X
the : .' any oxisting improvements on Lot A? Yon x No _ _
Lot B? Ycs No x
FEE O'eiNE'? 3 (:V PROii:PTY :
!Lime : G & P Enterprises, A PtnershipA cl'1 re f; t(. 1, Eaton COl phcnr, 356-7090
'1 : - . A. Bruce & Janet H. Johnson Acid ';.; s 19619 WCR 251 PgUn2 737-2316
— — n r j: SS S -PTattevi-ITe, Cu P r u c
Domestic & Livestock Proposed Domestic &
'r. ' TEE SOURCE FOR : Lot "A" Well Lot ' Livestock Well
TY : L OF SEWER FOR : Lot " " " Septic ; Lot " B" Proposed Septic
-ia - t
Residential Tract - ----------- -----
DROPOSED USE FOR : L,. - "A" & Irrigated Farm ; Lot Irrigated Farm
I hereby depose and state under the penalH"s of rrojery that all
statements , >>'op'sa ' , and/or plan ,mi 'maf wilt, or C0 .r ` aine . within
' `. i �• application are true and correct to the bast of m_ kuooledge .
COUNTY OF WELD )
STATE Cr COLORADO )
Sigiato . . aner authorized foirr. t
Stbscribed and sworn to before me His d a Lily of 441 , 1 -' 7
'. F.AL ./k12 --'nGC f wall
dory Public
Set-2w,, x3, youv —
My Commission expires :
4
April 5, 1979
Department of Planning Services
915 10th Street
Greeley, CO 80631
To Whom it May Concern:
Pursuant to the enclosed request for Recorded Exemption on our
Gilcrest farm as per the plat and application attached hereto,
we wish to set forth the following reasons for said request.
The improvement site with corrals, machinery shed and two residences
are not necessary for our farming operation of this farm or other
irrigated farmland that we own seperately in other areas of Weld
County. Existing canals and boundaries isolate this parcel from the
remainder of the farm and make it impractical to farm in a normal
manner. Therefore, it has been in permanent pasture for more than
five years.
The improvements are over 10 miles from our main headquarters of
operation and are a liability to us due to the problem of keeping
the houses occupied, together with the resulting maintenance costs
and the high degree of vandalism in rural areas.
A neighbor who has been a tenant farmer all his life and who has
brothers living in the immediate area has indicated an interest in
acquiring this land for his own residence and cow operation. These
people historically have improved the property in which they have
lived and we feel they will thus contribute to the economic and
social base of the community.
Therefore, we respectfully request approval by the Planning Com-
mission and the Board of County Commissioners of Weld County, of
the enclosed Application for Recorded Exemption.
Sincerely,
Fre O. Gibbs
ea .,
J n Pearso
i I
A. Bruce John
Janet H. Johnsbn
A6
A
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LEGAL DESCFT''TION a8 41- 6..5
CASE NO. ICE 3 &9
B glik ID nit 53
Ch
53-C
72x 72X
arB B
49
AB
r
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON- IRRIGATED
a i ag 91 ILe. I 'J e
3'4u 4 Siw . -
S5 - B 41 ICe �-�-
7� - X 7D SILe - SECe
Sri- C S tit e. ' -VCa
•
RECEIVED
• COLORADO DIVISION OF WATER RESOURCES JAN 0 2 1979
IN BLACK INK.'E V T OR 818 Centennial Bldg., 1313 Sherman St. WATER RESOURCE$
Y OF ACCEPTED Denver, Colorado 80203 MTh Hama
MAILED
ANCS
REQUEST. STATE OF COLORADO • AFFIDAVIT
COUNTY OF
Weld ( SS
STATEMENT OF BENEFICIAL USE OF GROUND WATER •
X AMENDMENT OF EXISTING RECORD
LATE REGISTRATION
PERMIT NUMBER 29273 LOCATION OF WELL
Fred 0. Gibbs, John D. Pearson, d/b/a
E AFFIANT(S) _ G & P ENTERPRISES, A Partnership; and c"„�„ Weld
----------- ----------
)se mailing A. Bruce Johnson & Janet H. Johnson
ress is 91619 Weld County P4. 25/ NE y, or the —__NW ._- . 28
Platteville, Colorado 80651 T„a 4 N R„s 55 ?•7 6thc> vr
19 duly sworn upon oath, deposes and says that he they) ix4(are) the owner(s) of the well described hereon, the we is
ated as described above, at distances of feet from the section line and feet from the
section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the
of , 19 ; the maximum sustained pumping rate of the well is gallons per minute, the pumping
claimed hereby is _ gallons per minute; the total depth of the well is feet; the average annual amount
hater to be diverted is acre-feet; for which claim is hereby made for _
purpose(s); the legal description of the land on which the water from this well is used is
of which
acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in
npliance with the permit approved therefor; this statement of be ficial use of ground water is filed in compliance with law; lux
ey) hBiK(have) read the stat ments made he n; knows e c ent thereof; and that the same are true of Eixfctheir) knowledge.
1 ° (C (�X �ZID F THISfORM)
(
nature(sl - U
n an.% F0R OFFICE USE ONLY
,scribed and,dwom OL' ,,(JT////' / '
oefore me on this c. b{ day of Le ' // , 19/7
/ Court Case Na
Commission expires: LYL'14--L�-f✓ „Vs- /`/gI
Prior. Mo Day Y,
x•as
NNOTARYPUSLIC 7 Di,. Cry.
CEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO
'RSUANT TO THE FOLLOWING CONDITIONS: Sec. X 'e
well use
/ Dist Basin Man Din
iE STATE ENGINEER BY -T
41
C
FIELD CHECK /�
FILING NUMBER: Its W 1 DATE OF INSPECTION: 4 itoliq
NAME: Br Wt. It 3av1eA .1O 1v1SIOY1 a o. A
'
REQUEST: CZeC01.'Ilk& wiP•,tyMsQ it\N Y1 41\•\
1, 1
LEGAL DESCRIPTION: ��- . �‘0L) 11/4" 113‘. NE4 Sato 2.b 74 .l1ttp5W
LAND USE : N ��tA1KCk.,
E •.
S •`
W Ci catikrw1
ZONING: N Y\0%Ale&
► Jove t %
LOCATION: 'L WOa So uir\i E
OltiA ‘ sisCA.e., QtS\ eA S . ,
t ` ^
COMMENTS: •
Ptrprpa Le A. tic cotA-4AhS 4h-� l‘no• 1 tvvitAwitesk,
Includ►hA Z V!%k Luc , crtvsw1 ew�r {Du;th :,,P evA.
Corw1 S . T1J,.� art. h o w.,� rw•e h,,,�, to - %.
paurce,' P`c is mott-1�, o� '-1..t. ` ►rrt11.�.&.,.�;�., (VI, .
QtttAptp 1'O 4 � �1ror 4 'Ai► . ILL ' -,p4-
5 i4t. 4 41t p w?ANA ,/5 a- 0. ,n..,�K el
-1-� bolt aus �1�•t� 4.., t.r L . Co Rd. 4 L. is
a vout% unffusteL T t sift" 'e,1eo¢..
o 142
b La. &gilt 11.e, �t *61•,,r� � aIt
LANAI ko a. ka...e . - h O Ohm. V la% ..yWV LAMAS°
BY: CIA, CLAJ:Mte
. ref r,r Tf: cfcr OF pi AJ.:,,:!','_ ; _ =
i �5'`Cv‘r\ �. PR 19j9 PHONE I30313504000 350-7 000 E>
O ��V C'D 915 10TH 57 r
P73
VLoREq GREELEY,COLORADO S
;� r Sao Coleslsdee
- '. :_ali - . ° • v{/ r: GI E NUMBER RE-389
/
COLORADO _ �o
L REFERRAL S -
TO WHOM IT MAY CONCERN:
Enclosed is an application from Bruce & Janet Johnson , et al
for a recorded exemption
The parcel of land is described as Pt . Nfl , Pt . NE} Sec. 28, T4N, R65W
The location of the 'parcel of land for which this application has been
submitted is 3-1/2 miles south and 1 mile east of LaSalle
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 May 4, 1979 _ so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and
cooperation in this matter.
l C`(1-LO r 0.3.kd..e
Assistant Zoning Administrator
We have( revi wed the request and find no conflict with our interest:
: ::
!1-Kn,� Date it l e C /lea A
t
1
RICHARD D. LAMM C.J. KUIPER
Governor State Engineer
t *
'
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street-Room 818
Denver,Colorado 80203
Administration(303)839-3581
Ground Water(303)839-3587
May 1, 1979
Ms . Vickie Traxler
Weld County Department of
Planning Services
915 10th Street
Greeley, CO 80631
Re: Johnson, et al, Exemption #RE-384
Dear Ms . Traxler:
This is to acknowledge receipt of material pertaining to the above
referenced application for exemption. Both lots are to be served by indi-
vidual domestic wells. A well exists on Lot A and since Lot B is 185 acres
in size, a permit for an exempt domestic well capable of servicing house-
hold needs and irrigating up to one acre of lawn or garden can be issued by
this office . Due to this, we recommend approval of the Johnson, et al
Exemption application.
Very truly yours,
•
.7411"CilW
J. iper
ate ngineer
CJK/GDV:mvf
cc: Jim Clark, Div. Eng.
Reiner Haubold
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Sfr
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MPS se),
44.
•
thEmoRAnDim
Wi`P To Planning Commission Date May 7, 1979
COLORADO From Gilman E. Olson, Utility-Subdivision Administrator
Subject: Bruce & Janet Johnson, et al (R.E.)
There are no engineering problems anticipated by this request. Any new
access must have prior approval before installation.
Gi man E. Olson ��'Li
Utility-Subdivision Administrator
GEO:sar
b.5678o
9/D 719
rt? MAY 1979
CI RECEIVED c—
ocijj
Weld evenly (3;
R,r Planing Commute634
erea 1LO
lb
RECORDING DATA - MAPS & PLAT_
NAME (1F SUBDIVISION Recorded ExemptLc *EU155-7R-2-PflRQ
G & P Enterprises, Fred 0. Gibbs, John D. Pearson
NAME liF SIIRDI VICAR __A.._Hrnre .Tolson, Janet H. Johnson
IDrATICN DE SUBDIVISION Pt NW4 and the NE1 of Sec. 28, T. 4 N. , R. 65 W. of the 6th P.1'
D. TE (Jr RECORDING MAY 2 2 1979 BOOK 869 RECEPTION # 1791241
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BY'../420,04 O,0T 4..W.em-t1/4) _.
DEPUTY C017NTY CLERK & RECORDER
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