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HomeMy WebLinkAbout790813.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 396 HARRY AND MITSUYO NISHIMOTO. 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 6th day of June, 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. 396, being the property of Harry and Mitsuyo Nishimoto, described as the Southwest Quarter of Section 22 , Township 3 North, Range 67 West of the 6th P,M. , Weld County, Colorado, being more particularly described as follows: The Southwest Quarter of Section 22, Town- ship 3 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, con- taining 160 acres, more or less, EXCEPTING from this . 118 acres, more or less, in the Southwest Quarter of the Southwest Quarter of said Section 22 recorded November 22, 1957 at page 285 of Book 1490 of the 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-lA(3) of the Weld County Subdi- vision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described f 790813 parcel of land owned by Harry and Mitsuyo Nishimoto 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 6th day of June, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO a 1#71. 1441 ATTEST: V Weld County Clerk and Recorder and_Clerk to the B (3Y: eputy County erk \ /ASTO • County Attorney DATE PRESENTED: JUNE 11, 1979 , `RECORDED EXEMPT/ON Ng 1209 - 22- 3 - RE 396 w M. F/r(tr+Mw.R1. ..�M h."`" it fr. Y "' . '.4t .+'79{4l.. " as a.. ` p 'h' . w ;_Ti„ e;Sv t... .. s+ t%+ 1 N , < Mat 'e .1 11.. S ' ,, 4r i. Iy. Or 1.1 tB hltilliage':N ., •n„'d.['n se/ ��!�^���/ a � r ar yl ,, � i ..,r+4 'f,�r,iv�", w��H. .",,,,,4,,,k,,, s �.41..�•,s> �.v. '"r•ItY}yY' * •��" ,., i .,..... LOT s ' r 7-/rd,Tres 4 r , am,4,. . ) VSTATE �lr/Y '' --....5:1. i0.449447erZ 444 ' 'p 'It ; t * % en iC .+t'/F6 SB9'03 Cb'F \ F �. • a 3"24/1Ac !,j C q , at IY • 79.2' •/ �O A. \ �O./69! II `8 $• \\ S. CO 8 , Q QQ � o /' 15 T C;th Air a-- r60:P.0.eel..) T ' 4■ ` 1 ■ r s/i/e.1/uy nitre/ ^ NB9'0- Q9"!✓ — _} T—e+I.1� —ilt N--//e a600a in/iI. .. .. A !O./Al acre '1/4N h i 3 9 1tb bi e i �'- 866/NN/A(S ciz ... b a �b y • ,o q• 4014;1^' 1.; 44‘47,4 '{4 ! ,V,.hy/ tl,4.1y t*w"'�.:, '4 f ` ,.S 4.g. ..� ".• 5 ,,A. db 1 `� a S% —e .. 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On/ Fa .si s eiSt�uthwest Q rter.r(SW � oe ec ion 22, ,T wdship 3 •Ngrthyc,Rang% 67. estyof ) y* 6th •I Count lo$ Weld,`nStat"a o Coloredo, containing1160`acres; more ort'1ead , lip EXOP.PTINOefrom*thin*v118^acres;+emoreror lees •-in"the^Southwest^Quarter-of the gemserwn ' Southwest Quarter (SW1) SW1/4) of said Section 22 recorded November 22, 1951 at page 285 of Book 1490 of the Weld County Records. r 41/2 s'E Lid SURVEYOR'S CERTIFICATE h I hereby certify that this plat was prepared under my supervision• and that the same n.' is correct to the best of my knowledge a belief. eM' y, . .APLIh Vrtrardtc Ja• .e Fre. se - Co orad. P.E. & L.S. No. o: 4392 ) *z o PROPERTY. OWNER'S APPROVAL 4 e `}e. r' r e . "` th .r O✓` �' . . .. r '.,`dist4. ../. ,y' i a ,^/ r /i `1" ,'. COFco Op^�.Y„ T. _. , We,•-HarryrT. Nishimoto and Mitsuyo Nishimoto, being the sole owners in fee o --- the above described property do hereby subdivide the same as shown on the attached map. 244/VHa T ;Z ,,, i � -s- Harry T. ishimoto Mit uyo Nishimoto lie +wp3-pThe-foregoing certification was e`Igoid••b �i- me this ., Ili% day of_,S144O.1 "'�''' "'197 1 ' Witness my hand anr: ?'s s fri\ I1 $ +N ,,., ' • Commission Expires: Si : a • 3 � � � H[may , /98J , v .•0 B L Vot Pe is ., N N N,OF GOLD= skl PLANNING COMMISSION CERTIFICATE \�� M y3. 4 The accompanying plat is accepted and approv filing. 4 II Chairman .....04/4? B Yd of County Commissioners w., ATTEST: County Clerk . , Dated k ' Y4WraA➢sw vYMuh.nvr. .;r:.:o-n-. . '1 'y.I 'IS' ' i*1'._ ' i .,"• , 1" '"'' r^.w " ' Y'�n , I k. �' w , c +h 4 �.7• . ,�''�l �y1 "y ti 1 r '§r 5 t v F t 't7 �' a , .`'2. ax=+r. i t i ti ilt ,Meese en9%neerne 79-41.1 41 0 U DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY COLORADO 80631 C. COLORADO kotis ivasi June 6, 1979 ci Sk �g g19 ' L Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #396 Dear Commissioners : The attached application and related materials are in reference to a request by Harry and Mitsuyo Nishimoto for a recorded exemption. The parcel of land under consideration is described as the SW% Section 22, T3N, R67W of the 6th P. M. , Weld County, Colorado . This property is located 3 miles west of Platteville. The property con- tains approximately 159. 24 acres of Class III and IV irrigated soils . The request is to split the property into parcels of 3 . 24 acres and 156 acres. Mr. and Mrs. Nishimoto wish to retire from farming. They would like to sell the larger parcel to a nearby resident who would continue farming the parcel. Mr. and Mrs. Nishimoto would maintain the 3 . 24 acre parcel as their residence. 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 request conforms with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) , the intent clause of the Agricultural Zone District (Section 3 .3 A. of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan in that the uses will be com- patible with the surrounding agricultural uses. The request will allow agriculture and related uses to be the predominant land uses . There will be no reduction in the amount of land current- ly being used for agricultural production at the present time. Board of County Commissioners Page 2 June 6, 1979 2. The Town of Platteville has indicated no objections to this request for a recorded exemption. 3 . This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations . The Colorado Department of Highways has requested 75 feet of right- of-way from the centerline on State Highway 66. The Nishimotos have reserved the additional 45 feet required to comply with the 75 foot request and noted that reservation on their plat. The Department of Highways have also requested that Lot B obtain access from County Road 19. At present, Lot B has 2 accesses from County Road 19 and has no plans for future access to State Highway 66. Respectfully, Vickie Traxler Assistant Zoning Administrator csd A. . LICATION FOR RECORDED EXEMrfION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . I- 3cA APPL . FEE 15.oc� ZONING DISTRICT A- RECORDING FEE <4 , pO , iy DATE M 'j � lq';g RECEIPT NO . 1O4<l30 APPL . CHECKED BY v t 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" • , 51 ; Lot " B" / ; Total /5--1, d- 5' 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 k No Lot B? Yes No K FEE OWNERS OF PROPERTY : Name: )4a,cr, Nisi<„,n'v e, Address ck3is }•), 5y bb Phone 7as- 2L(3g Name : I`n(tsuevo t\\\,�n'.\,,,,tk0 Address lcatoU.q4_ Phone Name : Address 906S\ Phone WATER SOURCE FOR: Lot "A" L_ k,k “c ..- j& ,f ; Lot " B" TYPE OF SEWER FOR : Lot "A" 25.44-1-1-c— ; Lot " B" PROPOSED USE FOR : Lot "A" r -covL4+«,— ; Lot " B" 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 ) �f ^ STATE OF COLORADO ) a.) v . Si tqe : Owner orT ,Authort3ed Agent Subscribed and sworn to before me this O6)4, day of £ a.&.L" , 19 75. SEAL No ary Pub is /0) /9Pa. Commission expires : $ LEGAL DESCRIPTION Lot "A" of Recorded Exemption No. , located in the Southwest Quarter (SW1) of Section 22, Township 3 North, Range 67 West of the 6th P.M. , Count'. of Weld, State of Colorado, being more particularly described as follows ; . Beginning at the South Quarter Corner (S1 Cor) of said Section 22, and considering the South line of said SW': Section 22 as hearing North 89° 03'00" West , with all other bearings contained herein relative thereto; Thence North 89°03'00" West, along said South line, 347 .40 feet to the True Point of Beginning; Thence North 00" 57'00" Fast, 503. 00 feet; Thence South 89" 03'00" East , 287.00 feet; Thence South 00° 30'12" East , 473. 15 feet; Thence South 00° 57 '00" West, 30.00 feet to a point on the South line of the SWZ of said Section 22; Thence South 89° 03'00" East, along said South line, 275.00 feet to the True Point of Beginning. Said described parcel of land contains 3.241 acres, more or less, including 0.189 acres, more or less, reserved for county road right-of-way purposes and is subject to anv rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I do hereby certify that 1 have prepared this legal description. Yy Project No. 1979-189-A as r eese f , April 23, 1979 for o P.E. & L.S. No. 4392 • •reese cSnpjineerin3 ENGINEERING CONSULTANTS GREELEY COLORADO 80631 352-0100 ;44 'w 1. alt1` , May 1, 1979 Board of County Commissioners Weld County, Colorado Gentlemen: For many years I have owned and been engaged in the farming business operating the Southwest Quarter (SW4) of Section 22 , Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado, as a family farm unit. It has now come time for my retirement and I have entered into a contract to sell the farm land that I own reserving for my personal use and benefit the residence together with a small acreage surrounding the farm. Even though I will no longer be actively engaged in the farming business, I wish to remain living at my present residence. Accordingly, I request that the Board of County Commissioners grant the recorded exemption for which I have made application. Very truly yours, , z1 'r. 727zG. fiG2hA. t �, ✓ 7)72. let /6-etitt-1 °L29 V 0 R CENTRAL WELD COUNTY WATER DISTRICT 1O518TH STREET DALE D. OLHAUSEN �� /j PHONE (3O3) 352-1284 GREELEY. COLORADO 6O631 MANAGER O April 30, 1979 Harry T. & Mitsuyo Nishimoto 9375 State Highway 66 Platteville, Colorado 80651 RE: Water Service Dear Mr. and Mrs. Nishimoto: This letter is in response to your request for the availability of additional water service for the following described property: SEE ATTACHED LEGAL DESCRIPTION Water service is presently available to the above described property by tap number 201 . Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be con- sumated within one year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT cat— Dale D. Olhausen Manager DDO/sb yLa sx,.. " N <-.... Ii � / it, w. A _ 4 t p j„ I ;5) 'tor, {dy - t }yy ryy.�- / m C M 1 4 t.' a �c. 4JH5 AJ 4tw _. i ry yoh 1 a - - cJ'80w Uzi n. 22 / � 23 t RE 3c16�� Loserfix' I � ��. t i -----,1#?,-----, I >9C A - 'd-ur 6F1 -_ • ,r oe(•o • t it Coe q, Nwy. 66 3 M. II / B � � r` '3 No- y ub { i I 27 J , x, p i 0 �#�• $Ih + k _ \ G. . M()Ore r ' - i A+1, k f " " .w {fin t .e=> _ r Y : ,. r i t'4 �ur ri '. s` .. \ \ ; 33 >•F )0.i f .AC '~ LEGAL DESCRrrION 22 -3 -67 CASE NO. RE 396 SOIL- INFO bAsul4avxy 72 AB SIB SIC t SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON- IRRIGATED s1 8 72. e �e SIC 73 Ne .rre 72118 69 lEe Slte 4 WeldCounty BOARD OF HEALTH YY r♦ elCi Health Department DAVID WERKING. DDS. Greeley FRANKLIN O. YODER, MD, MPH WILLIAM SLICK. Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE, Greeley GREELEY, COLORADO 80631 A. M. DOMINGUEZ. JR., J D Greeley ANNETTE M. LOPEZ, Greeley (303)353-0540 FRANK MYERS, M.P.H., Windsor HERSCHEL PHELPS, JR., M.D.. Greeley KATHLEEN SHAUGHNESSY. PHN, Ault ARTHUR G. WATSON. Platte/tile May 2, 1979 Planning Services 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The soils belonging to Harry T. and Mitsuyo Nishimoto, located in the SW1, Section 22, Township 3 North, Range 67 West, appears suitable for a conventional septic system. Sincerely, *1# hn G. Hall, M.P.H. , Director nvironmental Health Services JGH:dr 3123456 MAY 1979 1 It;.; RECEIVED la- tar gM�i�L LomiisslM 0� } • FIELD CHECK FILING NUMBER: RE-396 DATE OF INSPECTION: 5/17/79 NAME: Harry and Mitsuyo Nishimoto REQUEST: Recorded Exemption LEGAL DESCRIPTION: SWl Section 22, T3N, R67W LAND USE: N Agricultural E Agricultural Agricultural Agricultural ZONING: N Agricultural LOCATION: 3 miles west of E Agricultural Platteville s Agricultural W Agricultural COMMENTS : Lot A contains 2 houses and other improvements. Lot B is level irrigated (produce possibly) farm land. There is a transmission line on the Post boundary of the property. r is k^ l_ R, ev its i'rvvv. Uinta-i RCM 1 q • BY: 1lirLw vc MP /1 • .c, !9 COLORADO STATE DEPARTMENT OF HIGHWAYS i ` o ** 1816 18- * DIVISION OF HIGHWAYS Weld County ` Gaza SH 66 May 18, 1979 Nishimoto Exemp. 3 Mi. W. of Platteville on N. Side of SH 66 DOH FILE 45100 Ms. Vickie Traxler Assistant Zoning Administrator Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: We have reviewed the application from Harry and Mitsuyo Nishimoto for a recorded exemption, and we ask for your consideration of the following comments. 1 . Projected traffic volumes on State Highway 66 indicate the need for a total of 150 feet of right of way, 75 feet each side of the centerline. We ask that additional right of way to meet this need be protected by setback, reservation, or dedication (preferably the latter) as local zoning regula- tions permit. 2. We prefer that access to Lot "B" be obtained from County Road 19, rather than from S.H. 66 due to its function as an arterial within the Weld County Compre- hensive Plan. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Albert Choftacs Assistant District Engineer AC: da cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson via Rames-Finch-Graham MAY 1919 6� a RECEIVED t: wr tarp cy, add ' . x C ` ', P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 .p�7p << � �f p �7 DEPARTMENT OF PLANNING SERVIC O �1AZ 16 C7?U�j��� PHONE (303)356A000 EXT. c, R J 91510TH STR ti� ,i 199 ) GREELEY,COLORADO SO i.. ' ‘i ' Da, i . r . La �co ii1CC°4r °3 CASE NUMBER RE-396 COLORADO `s� e,i. 5/8/79 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Harry and MitsUyo Nishimoto for a recorded exemption The parcel of land is described as SW* Section 22, T3N, R67W The location of the parcel of land for which this application has been submitted is 3 miles west of Platteville 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 I to receive your comments by May 25, 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. D U c l,Lr MAY 1979 it C Assistant Zoning Administrator outAri ; WELD C DOPartm°M EnconeerMO n We have reviewed the request and find no conflict with our interests. Signed _ Date Sr- /6-7 f Agency i — _ X93O 117-P3 Eon \�-) lye DEPARTMENT OF PLANNING SERVI( n' ^ y0 �d p PHONE 1303)356-4000 EXT. cr. �� Got*ge�- 915 10TH STR D - �' �C6� GREECE Y,COLORADO 8( roc). CASE NUMBER RE-396 • COLORADO 5/8/79 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Harry and Mitsuyo Nishimoto for a recorded exemption The parcel of land is described as SW* Section 22, T3N, R67W The location of the parcel of land for which this application has been submitted is 3 miles west of Platteville 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 30, 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. Assistant Zoning Administrator II We have reviewed the request�y and find no conflict with our interests. Signed ��,�l--- - � , Date �rj'ft$/799. Agency . ,/rc �c�� ",,rr1• / / V RECORDING DATA - MAPS & PLATS NAME OF SUBDIVISION Recorded Exemption #1209-22-3-RE 396 NAME OF SUBDIVIDER Harry T. and Mitsuyo Nishimoto I,OrATION OF SUBDIVISION The Southwest Quarter (SW1) of Sec. 22, T. 3 N. , R. 67 W. of the 6th P.M DATE OF RECORDING JUN 1 2 1979 BOOK 891 RECEPTION # 1793360 MARY ANN FEUERSTEIN WELD COU TV CLERK AN RECORDER BY: DEPUTY COUNTY .LERK & RECORDER Hello