HomeMy WebLinkAbout790802.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 408 - HOWARD AND CALVIN
SCHWALM.
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 8th day of August, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the divi-
sion into two parcels of land, as shown on the plat known as
Recorded Exemption No. 408 , being the property of Howard and
Calvin Schwalm, described as part of the Southeast Quarter of
Section 18 , Township 5 North, Range 67 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as
follows:
Part of the Southeast Quarter (SEa) of
Section 18, Township 5 North, Range 67
West of the 6th P.M. , Weld County, Colo-
rado being more particularly described
as follows :
Beginning at a point 527 feet east of
the southwest corner of the SEa of said
Section 18 , thence North 19°10 ' East,
351 feet; thence North 15°20 ' East 505
feet; thence North 62°25' East 123 feet;
thence North 1400 feet; thence North
34°40' West 213 feet; thence North
41°09' West, 240 feet to the north line
of said SEa; thence East to the north-
east corner of said SEa; thence South
to the southeast corner of the said
SE'; thence west to the point of be-
ginning. EXCEPT 17 acres more or less,
occupied as the King Reservoir as now
constructed; and also including the
right of way of the Union Pacific
Railroad Company, being a strip, piece
or parcel of land 150 feet in width
situate in and extending across the
SEa of Section 18 , Township 5 North,
Range 67 West of the 6th P.M. , being
75 feet in width, measured at right
angles, on each side of the center
line of a projected, but not constructed
track of the Union Pacific Railroad
Company, as surveyed, located and staked
out upon the ground across said SEa of
said Section 18, containing 10. 05 acres,
more or less, and except reservations
and exceptions contained in quit claim
deed from the Union Railroad Company to
Henry Hennig and recorded on page 42 of
Book 1106 of the deeds of the records of
Weld County, Colorado.
790802
tak
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 Subdivison 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-lA (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 Howard and Calvin Schwalm, 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 8th day of
August, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 4euu�,Lyt/ LD COUNTY, COLORADO
Weld County Clerk and Recorder aside_ (Aye)
and Clerk to the rd Norman Carlson, Chairman
BY: Q/1-14 >Zt., (ABSENT)
Deputy o erk Lydia Dunbar
PR ED AS TO FORM: �C � (Aye)
C. W. Ki by
a
County Attorney Absent date presented (Aye)
Leonard L. Roe
9,r27z)rdL_L_._nc,'„ (Aye)
. Smark
DATE PRESENTED: AUGUST 13, 1979
RECORDED EXEMPTION N° 0957- 18- 4 -RE 408
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OWNERS: Calvin Schwalm,
;` T.5 N. Howard Schwalm, •
Ullmann Farms by
(I Pt. John Ullmann
\—clay � •••;,\\ P3/4844 c/o Martin Bird
I 916 11th Avenue
�• Greeley, Colorado 80631
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RECORDED EXEMPTION N° 095 , - 18-4-RE 408
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Legal Description x'tt n 6X1 lig
j Part of the Southeast Quarter (SE1 ) of Section 18, Township 5 North, Range 67 West of
the 6th P.M., Weld County, Colorado being more particularly described as follows:
Beginning at a point 527 feet east of the southwest corner of the SFl; of said Section 18,
thence North 19°10' East, 351 feet; thence North 15°20' East 505 feet;
thence North 62°25' East 123 feet; thence North 1400 feet; thence North 34°40' West
213 feet; thence North 41°09' West, 240 feet to the north line of said SE1; thence East
to the northeast corner of said SE1t; thence South to the southeast corner of the said SE1;
thence west to the point of beginning. EXCEPT 17 acres more or less, occupied as the Ring
Reservoir as now constructed; and also including the right of way of the Union Pacific
Railroad Company, being a strip, piece or parcel of land 150 feet in width situate in and
extending across the SFS,: of Section 18, Township 5 North, Range 67 West of the 6th P.M. ,
being 75 feet in width, measured at right angles, on each side of the center line of a
projected, but not constructed track of the Union Pacific Railroad Company, as surveyed,
located and staked out upon the ground across said SE1 of said Section 18, containing
10.05 acres, more or less, and except reservations and exceptions contained in quit claim
deed from the Union Railroad Company to Henry Hennig and recorded on page 42 of Book 1106
of the deeds of the records of Weld County, Colorado.
Surveyor's Certificate
I hereby certify that this plat was prepared under my supervision; and that the same is
correct to the best of my knowledge and bel ,�Q:,R
. �'• IS1t4..
Jas -r eese D 1,
Col• ado .E.' & L.S. o,54�,9n� _.*
•N LL�� JJ _'j
.,
Property Owner's Approval ?,r).%%:� �,�+�.S
•ic • 1NEi::: `s-],_
We, Calvin Schwalm and Howard Schwalm aniUllmann Farms by John Ullmann, ��ki g fti le
owners in fee of the above described property do hereby subdivide the same as s own on
the attached map.
Calvin Schwalm Howard Schwalm
ULLMANN FARMS
By John Ullmann
The foregoing certification was acknowledged before me this day of ,A.D.,1979.
My Commission Expires:
Notary Public
Witness my hand and seal.
Planning Commission Certificate
The accompanying plat is accepted and approved for filing.
Chairman
Board of County Commissioners
ATTEST: County Clerk a�f/y, 6!A',^1 1a, w.---. 14ta
Dated
a ! C_ !7/C'�//
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1
Freese Ong:irering >9-sea
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WI C.
COLORADO
August 8, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #408
Dear Commissioners :
The attached application, plat and related items are in reference to
a request for a recorded exemption from Howard and Calvin Schwalm.
The parcel of land under consideration is described as Pt . SE* Section
18 , T5N, R67W of the 6th P.M. , Weld County, Colorado. This property
is located 4 miles north and 1 mile west of Johnstown. The property
contains approximately 95. 5 acres of Class II and III irrigated soils
in the Agricultural Zone District. The request is to split the pro-
perty into parcels of approximately 73. 8 acres and 21 . 7 acres.
Howard and Calvin Schwalm desire to sell the 21. 7 acre parcel to
Ullman Farms to build a residence, headquarters and equipment shop
for a dryland wheat farming operation. Water is presently being
pumped to irrigate the 21. 7 acres of corn, which makes the parcel
less economic to farm.
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 the use will be compatible with
surrounding agricultural uses. The request will allow agri-
cultural and related uses to be the predominant land use in that
the parcel will be used as headquarters for a dryland wheat
farming operation.
Board of County Commissioners
Page 2
August 8, 1979
2. This request complies with the provisions of Section 9-4 (A) of
the Weld County Subdivision Regulations.
Respectfully,
l ieC '(-04-l-,
Vickie Traxler
Assistant Zoning Administrator
csd
I
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . attioF5 APPL ., FEE -I ,OD
ZONING DI TRICT A RECORDING EE .p
DATE J6\t• tot 141' ) RECEIPT NO . (�
1 APPL . CHECKED BY Cb c,
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 :
ATTACHED
ACREAGE : Lot "A" ._ 21. 7 Acres Lot " B" _73. 8 Acres ; Total 95. 5 Acres
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes — No xxx
Are there any existing improvements on Lot A? Yes No xxx
Lot B? YesHome, shop No
Dairy Barn
FEE OWNERS OF PROPERTY :
Name : Howard Schwalm Address26697 rd. 15 Johnsto shone $87-2234
Name : Calvin Schwalm AddressN.w. of Johnstown Phone 587-2268
Name : Address Phone
WATER SOURCE FOR: Lot "A"Little Thompson ; Lot " B" Little Thompson
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic
PROPOSED USE FOR : Lot "A" Headquarters for ; Lot " B" Dairy and Machinery
Ullmann Farms
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 )
Si ature : Owner or Authorized Agent
Subscribed and sworn to before me this 25 day of June , 19 79 .
SEAL
Notary Pu lic
My Commiss, on dxpires :
GALLERY Of HOMES 411.
LOTT REALTY 916 11th Avenue, P.O. Box 1101, Greeley,Colorado 80631 •(303) 351-6060
July 3, 1979
Department of Planning Services
915 10th Street
Greeley, CO 80631
Attn: Tom Hoan
Gentlemen:
In regard to application for recorded exemption by Howard Schwalm, Calvin Schwalm,
and Ullmann Farms on a parcel of ground located in the SE 1/4 of Section 18,
Range 67 West, Township 5 North, more completely described by the attached plat
survey, we wish to set forth the following reasons for said request:
Ullmann Farms, as intended purchaser of Parcel A, have been engaged in the
agricultural business for over 30 years in and around the Johnstown area. Having
sold all of their irrigated ground within the last year and moved mainly into a
dryland wheat operation, a new headquarters is needed for living area and for one
single family residence and shop area for equipment maintenance.
Howard and Calvin Schwalm, as intended sellers of Parcel A, are presently
engaged in the machinery business and the dairy business respectively.
Since Parcel A lies above the Greeley and Loveland Irrigation Ditch, their
main water supply, water must be pumped uphill quite a great distance making the
irrigation process extremely expensive. Due to this added expense, Parcel A becomes
less productive in the economic sense than Parcel B. The fact that the ground is
not needed to perpetuate each of the Schwalm's businesses and the economic as well
as physical disadvantages of pumping water to Parcel A indicates they also have just
reason for a recorded exemption.
Parcel A is presently zoned agricultural and the primary intended use is to
headquarter a dryland wheat farming operation. We feel that reasonable cause has
been shown to grant a recorded exemption on the aforesaid property, as per attached
application and plat survey.
Sincerely,
Martin R. Bird
Attorney-tn Fact for
Ullmanns and Schwalms
enclosures
EXHIBIT A
LEGAL DESCRIPTION
Part of the NE-' of the SE4 of Section 18•, Township 5 North,
Range 67 West of the 6th P.M. more particularly described as follows:
Beginning at a point 527 feet east of the southwest corner of the
southeast quarter of said section 18; thence North 19°10' East 351
feet; thence North 15°20' East 505 feet; thence North 62"25' East
123 feet; thence North 1400 feet; thence North 34°40' West 213 feet;
thence Norht 41°09' West 240 feet to the norht line of said SE4; thence
East to the northeast corner of said SE4; thence South to the south-
east corner of said SE4; thence West to the point of beginning, to-
gether with 3 shares of the capital stock of the Greeley and Loveland
Irrigation Company,EXCEPT 17 acres more or less, occupied as the King
Reservoir as now constructed; and also including the right of way of
the Union Pacific Railroad Company, being a strip, piece or parcel of
land 150 feet in width situate in and extending across the SE4 of
Section 18, Township 5 North, Range 67 West of the 6th P.M. , being
75 feet in width,uneasured at right angles, on each side of the center
line of a projected, but not conctructed track of the Union Pacific
Railroad Company, as surveyed, located and staked out upon the ground
across said SE's of said Section 18, containing an area of 10.05 acres,
more or less, and except reservations and exceptions contained in
quit claim deed from the Union Pacific Railroad Company to Henry Henning
and recorded on page 42 of Book 1106 of the deeds of the records of
Weld County, Colorado.
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LEGAL DESCRIF -'0NS�4 IS- .c - i 7
CASE NO. RE. 4G6
40-A 41-MA
-.. ,` 4:-C /�
x40-B 18 40-C
1-A C/IA\
3
M\ C
--� 40-<
90
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
40-C ll� -
x40-B f32 _22-e- 1-12c__.
4 I-M-B , 42 _zre �
4 - Ala CAUL 1� rvi ,(,Y,UF,
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FIELD CHECK
FILING NUMBER: RE-4O8 DATE OF INSPECTION: 7/19/79
NAME: Howard and Calvin Schwalm
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Pt. SE* Section 18, T5N, R67W
LAND USE: N Rural Residential ( Indian Hills Subdivision)
E Agricultural
S Agricultural
ip Agricultural
ZONING: N Agricultural District
LOCATION: 4 miles north and E Agricultural District
1 mile west of Johnstown S Agricultural District
W Agricultural District
COMMENTS:
Parcel contains a dairy operation and implement dealership. Parcel also
contains 1 residence and one mobile home. Remainder of parcel is
irrigated corn. Smaller parcel to be split is separated by a ditch from
the remainder of the property and is irrigated corn. Parcel has 2 accesses
to Weld County Road 15 and one access to Weld County Road 56 (gravel
surfaced) . The southwestern boundary of the parcel skirts Koenig
Reservoir.
BY: VeC1/4-Alt
•
mEmORAnDUm
W�`P To Planning Commission Dam July 17, 1979
COLORADO From Gilman E. Olson, Subdivision Administrator
Subirat: Howard and Calvin Schwalm (R.E.)
Access now located in the northeast corner of the proposed Lot "A" is not
acceptable for this request.
Any new access to proposed Lot "A" must have approval prior to installation.
�v
Gilman E. Olson
Subdivision Administrator
GEO:sar
1�,vv�81011--a fl
JUL 1979
RECEIVED ]
was Conti ;--v,!
PIPPitt DMIIIIASSiet01
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?951702\
REFERRAL LIST
z
o APPLICANT Howard and Calvin Schwalm
H
zCASE # RE-4O8 -
REFERRALS SENT OUT ON: July 12, 1979
cn o
REFERRALS TO BE RECEIVED BY August 3, 1979
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PA o H P4
W
Z m z REFERRALS RECEIVED
X 1 - 11 -11
County Attorney
k 1 ' 3O-19 County Health
X
1- n-19 County Engineer
X 1- v1. 1q Loveland & Greeley Reservoir Co.
c/o Ronald Brinkman
808 23rd Avenue
Greeley, CO 80631 ,
X Farmers Ditch Company
H. O. Dilsaver
3016 Kalmia Avenue
Boulder, CO 80302
X ,-fib 1 Little Thompson Water District
307 Welch Avenue
Drawer G
Berthoud, CO 80513
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RECORDING DATA - MAPS & PLATS
NAME OF SUBDIVISION Berorded Exemption M0957-18-4-RE 408
Calvin Schwalm, Howard Schwalm, Ullmann Farms
NAME OF SUBDIVIDER - -
pt, of the SE-16 of Sec. 18, T. 5 N. , R. 67 W. of the 6th P.M.
LOfATIpN OF SUBDIVISION _._
nUG 1 d 1Q7q BOOK , B
RECEPTION M 1799920
DATE OF RECORDING
MARY ANN FEUERSTEIN
MELD COUNTY CLE/RKKJ AND RECORDER
BY: al
DEPUTY COUNTY CLERK & RECORDER
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