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Home My WebLink About790804.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 406 - ELMER, EMANUEL AND HARRY ROTHE. 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 1st day of August, 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. 406 , being the property of Elmer, Emanuel and Harry Rothe, described as part of the Southwest Quarter of Sec- tion 4 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : The Southwest Quarter of Section 4, Town- ship 5 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, excepting therefrom parcels recorded in: Book 258, Page 53 , and Book 693, Reception No. 1614977 , 1614978 , 1614979 , 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" pur- suant 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 Elmer, Emanuel and Harry Rothe be, and hereby is, exempt from the definition of the terms "subdivision" i r 790804 and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, subject to the following: 1. There will be no additional driveway access to the existing residences. 2. Future right-of-way for 71st Avenue (100 feet) and future right-of-way for Fourth Street (80 feet) be reserved. 3. There shall be no additional direct access from a private drive to U. S. 34 Business . 4 . That 150 feet of right-of-way, 75 feet each side of the centerline, be reserved for future right-of-way purposes as requested by the State Department of Highways. 5. That the plat be corrected to reflect the requested right-of-way reservations prior to being recorded. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO � �/N're.I� (Aye) Norman Carlson, Chairman AdLsent nate Presented (Aye) Lydia Dunbar ei A fret (Aye) C. W. Kirb n (Orc-1s 7.Q d n• It (Aye) Leonard L. Roe (ABSENT) June K. Steinmark ATTEST: � Q:L( Weld County C erk and Recorder and Clerjc to the Board BY: � C Eai 7-‘--14.--fit De uty County Clerk AP O ED AS TO FORM: 1„seeCounty Attorney DATE PRESENTED: AUGUST 8 , 1979 i RECORDED EXEMPTION N2. 0959 -4 -3 - RE 406 Wo-,%4 !,%,e S1%f • • w/¢Sermon C'enTe }$•66 Lorne See.9Sfl X e°3940-E7 o �o.� : I JOT B/ TSB°moo /oSS,O/I4.ts s /l\ y cA. 4 •-fra-ter �t A �Y p 1'"53 ,tz7so' a `.4 ,V79°r2 f • ge Y P /0/4'9Or.9 Si ib c .4c/. 0.Z/9L Aed90 A 5 -ty VBee.. 698 r) ; 5��' 9' Aee.no,-/6/4977 ° Ni so:fe.)r � b y -- 0..o -jF=MAIr allIMEIGraeral Sew fl.l.:se sWA" ri O BEAR/NcS i 4/s/w/yers O /- N•OD'3/oo':r 2'/I o' 7- N.32'RC.-9.9:E 7S--/45. 3. 9.B9°.ZB OD;F. 49400' OYYNEgS. 4- S. g5O78 3"te 270.06 E(MERyRor,vr 3- 8.O3°2900`YX .3'7.32` /e.g./ 7 ,, / 'fil/.V.FCO,ri- - agrsieFY Coxemw,00 gods/ h//4RRYyRors7f flit &c',9,R ,49.yF aWins CovoRgoodaS' T.LN 32 33 77-5-./Y s \ 3 E fAc/7✓1/FI Wigan/J- . 2S3S .Z.Znio. SrRrn- aeF,F fr Cauoe,cce / DI gb�ei B063/ c..A./Boer V for B1 / 1 Al A of 1 9 .us W S4 9 ra Y/r/.y/TY/KW Sca/a :/a`zoo°. geese 6nfneern9 79-9/-4 Siee7- /0 f2 RECORDED EQMPTION No . 095-^ -4 -3 -RE406 LEGAL DESCRIPTION The Southwest Quarter (SW1) of Section 4, Township 5 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, excepting therefrom parcels recorded in: Book 258, Page 53, and Book 693, Reception No. 1614977, 1614978, 1614979, Weld County Records.. . ��a�►' 0 SURVEYOR'S CERTIFICATE _I 131 44 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. ,,.'' '''' „icisriynslea 6 Jasp- r ees. , olorado P.E. 6 'L:S•41oyq}2 y; F. p PROPERTY OWNER'S APPROVAL or.'ti''vrr4 4• e.+ We, Elmer Rothe, Harry Rothe, and Emmanuel Rothe, being the sole owners in tee ofnfhe above described property do hereby subdivide thesame as shown on the attached map. E1merN.Rothe HarrykR the � � � � E�iSnan 1WR Ott The foregoing certification was acknowledged before me this ,<.�, R day of /in?: ,1979. Witness my hand and seal. My7Cd is : -ssign Expires 41 J1 !IL C- /� . t+- (fir -`fit- /979 9 Notary Public PLANNING COMMISSION CERTIFICATE The accompanying plat is accepted and approved for filing. Chairman�,]�B,oard of Weld County Commissioners ATTEST: County Clerk Dated 1:77-- 71/9 pad 2-eese ecng n eon/I 79--n y9 s4«rz.t'2 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 lC. COLORADO August 1, 1979 J Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Recorded Exemption #406 Dear Commissioners : The attached application, plat and related items are in reference to a request for a recorded exemption from Elmer, Emanuel and Harry Rothe. The parcel of land under consideration is described as Pt. SW4 Section 4, T5N, R66W of the 6th P.M. , Weld County, Colorado. This property is located 1 mile west of the City of Greeley City Limits on Highway 34 Business . This property con- tains approximately 166. 024 acres of Class III and IV irrigated soils . The request is to split the property into parcels of 1. 014 acres and 165. 01 acres . The applicants wish to sell the 1. 014 acre improvements site due to problems with maintenance. The two residences are rented at the present time. 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 request complies with Section 9-4 A. of the Weld County Subdivision Regulations . 2. The proposed split conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure) , Section 3. 3A. 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 agricultural 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 August 1, 1979 3 . The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses , residential development will be encouraged to locate adjacent to existing towns and in accordance with the comprehensive plans and stated wishes of each community. The parcel of land is located 1 mile west of the City of Greeley and is inside the City of Greeley Comprehensive Plan Area. The City of Greeley Planning Planning Commission has no objections to this request provided the following conditions are met : 1. There will be no additional driveway access to the existing residences . 2. Future right-of-way for 71st Avenue (100 feet) and future right-of-way for Fourth Street (80 feet) be reserved. 3 . There shall be no additional direct access from a private drive to U. S. 34 Business . 4. Future development or land use change on Lot B must be in accordance with rezoning and subdivision regulations of the City of Greeley. The State Department of Highways requests that 150 feet of right-of- way, 75 feet each side of the centerline, be reserved for future right-of-way purposes . The State Department of Highways also recom- mends that existing and future access points onto the highway be kept to a minimum. It is recommended that the existing residences share a common access . Any potential future development of this site will only be allowed access to the highway via dedicated streets . The Department of Planning Services Staff ' s concurs with the above right-of-way and access requests and suggests the plat be corrected to reflect the requested right-of-way reservations prior to being recorded. The recorded exemption plat should also be amended to show a note reflecting the access restrictions as requested by the City of Greeley and the State Department of Highways . With reference to condition for approval number 4 from the City of Greeley, the Department of Planning Services Staff recognizes the City of Greeley' s concerns but cannot recommend that this request be a condition of approval for the recorded exemption in that the property under consideration is located in the unincorporated area of the County. Respectfully, lrCt 2 -7-c-cL. L Vickie Traxler Assistant Zoning Administrator csd } APPLICATION FOR RECORDED EXEMPiION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . Rt. Linea APPL . FEE 15 . 00 ZONING DISTRICT A RECORDING FEE t , p p , 144 DATE Fp -a ° .. -iq RECEIPT NO . ) O6.OS APPL . CHECKED BY U7 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 : SE. ATTACHED ACREAGE : Lot "A" 1.0141 Acres ; Lot " B" 165.011 Acres ; Total 166.024 Acres Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes xx No Are there any existing improvements on Lot A? Yes x No Lot B? Yes No x FEE OWNERS OF PROPERTY : Name : Elmer H, Rothe Address1851-26th AveCt GreePhone 352-6409 Name : Emanuel W. Rothe AddresS2 X35-22nd St. GreePhone 352-9011 Name : Harry H. Rothe Address 2612 Belair Ln GreePhone 353-1728 WATER SOURCE FOR : Lot "A" City of Greeley ; Lot " B" City of Greeley(available) TYPE OF SEWER FOR : Lot "A" Septic System ; Lot " B" PROPOSED USE FOR : Lot "A" Single Family Res's ; Lot "B" Farming 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 ) `signature : wner ort Authorized Agent Subscribed and sworn to before me this ,-a77-day of -"cc , 197. f SEAL Notary Public c<>--"�'` OP 29if > y Commission dxpire / F-Irr. rrr .,,P4..";- . �. ,i _. • 4 • *. b m P � 5 � n /j i S L °�`4-✓ p `br N. , ry i . ' ( 2 it ^. C r _ V . .4" kY '.T'Iri `c.: // Wry r A s� t `. 6 1 n i i a 1 nk . ay.w.x, I W \,YY . #, s„ ' 1,lit , i ,, , /yLL ^. 9,,,,dl 0 bMs , �y ... ,,,t; t '11'1 ' ' -.1 'w`nr ( Yt �{ • 9114, i tl "Ni„,, ,„„.,;,,,, : / .. 7 'v " t" lL �.E ' imi 3'• 1 k-, } i 1 , ? ,,, f I Y Iii i4 t y06 )A x 1' ' *90,,,, . --00, b r .1 4d J. h $ 1{ p $, t �4 • r' u 1. . , L I 1, , p" , � 1 F �' ¢. � � 3q, 0. xr a The following are reasons why this request for RECORDED EXEMPTION is made: 1) Rothe Brothers no longer need the improvements con- sisting of the herein described two residences as an integral part of the farming operation to house tenant farmer or farmers to effect a successful farming opera- tion. Since one of the Rothe Brothers moved into Greeley from this set of improvements, the brothers have attempted to rent the houses. This operation of renting has been very costly in terms of remodeling, redecorating, and general cleanup over the past ten years or so. 2) In the Spring of 1978 a center pivot irrigation system was installed on the Subject Quarter Section as well as an additional center pivot installed on the farm the Rothe Bros. own adjoining Subject Property to the North. One tenant can now operate the three quarter sections the Rothe Bros. own with the employment of one set of farm improvements. 3) The character of the neighborhood would not change in any manner as the requested properties would remain in the Agriculture Zone and further, through individual owner- ship, the properties would be kept in a better state of repair. 4) Due to the value of the individual properties, Rothe Bros. feel it important to be able to dispose of the properties individually rather than having to dispose of the two residences as one unit. The imposition of requiring one party to buy both houses is unreasonable. • REFERRAL LIST z APPLICANT Elmer H; Rothe; et al ZCASE # RE;-406 REFERRALS SENT OUT ON: July 2, 1979 �n o REFERRALS TO BE RECEIVED BY July 25, 1979 � � cn o W i + a ti w Wm O U as z wi� z REFERRALS RECEIVED X A JUL 31979 County Attorney JUL 10 197- X County Health JUL 101474 County Engineer City of Greeley Planning Commission c/o John Given Civic Center Complex 919 7th Street Greeley, Colorado • 80631 JUL 9 1979 Colorado Department of Highways 1420 2nd Street Greeley, Colorado 80631 X June 29, 1979 City of Greeley Water & Sewer Dept. ate 10 61 ;Lap JI GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE (303i 3536123 July 30 , 1979 Vicki Traxler Department of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Vicki : Re : Elmer Rothe Recorded Exemption Request At its July 24 meeting the Greeley Planning Commission reviewed the Rothe recorded exemption. The Commission considered staff concerns for access control , inadequacy of municipal water and sewer services , and for future development of Lot B. In light of these concerns , the Commission recommended no objection condi - tioned upon the applicant agreeing to the following provisions : 1) Common driveway access to both residences located on Lot A; 2) Reservation of future right-of-way dedication for U .S 34 (120 feet) , 71st Avenue (100 feet) , and 4th Street (80 feet) ; 3) No additional direct access from a private drive onto U. S. 34 Business (West Tenth Street) ; 4) Future development or land use changes on Lot B must be in accordance with rezoning and subdivision requirements . Development must be in accordance with applicable plans .. ordinances and regulations of the City of Greeley. "A COMMUNITY OF PROGRESS" st I � r Vicki Traxler July 30 , 1979 Page 2 The Planning Commission appreciates the opportunity to comment . If you have any further questions , please do not hesitate to contact me. S'nc elyfj Ii A °v vv Qohn ent Given urr Planner JG :ka • 93®31 *12dst JUL 1979 RECEIVED a Will County o cuZz Plaids`Cmaadssioa `� 0�6�8l1!9l y`�`�1,r Nw LEGAL DESCRICIONp/;iSw4 4-s-( CASE NO. 4i V aI 53-B S 53'B 53'C 53M-A 53-I J 53 I _B 53 . 3C 53D 53 CD 86 53 C 9 B 53-C. SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 53- 2, 53 52 � -& 5O - O, M-AR 37 1L1s �� r FIELD CHECK FILING NUMBER: SE-99 and RE-406 DATE OF INSPECTION: 7/19/79 NAME: Elmer Rothe, et al REQUEST: and Recorded Exemption LEGAL DESCRIPTION: Pt . SW* Section 4, T5N, R66W LAND USE: N Agricultural E Mixed Commercial Agricultural S Residential {9 Agricultural ZONING: N Agricultural LOCATION: 1/2 mile west of 59th E Commercial/Agricultural Avenue and Business 34 S Commercial/Agricultural W Agricultural COMMENTS: Parcel contains 3 residences and corrals. Two residences are included in the parcel to be split. One residence is not included in the exempted parcel. The larger parcel is irrigated corn bounded on the east by Sheeps Draw. Access is existing to Highway 34. BY: CC(iis. 1 i-cidp LA- 1 • f.% e COLORADO STATE DEPARTMENT OF HIGHWAYS N » DIVISION OF HIGHWAYS Weld County 1876 SH 34 July 18, 1979 Rothe Exemption 2 Mi. W. of 59th Ave. on N. Side of 34 Bus. Greeley Ms. Vickie Traxler DOH FILE 45100 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: We have reviewed the application from Elmer H. Rothe, et al . , for a recorded exemption, and we have the following recommendations. 1 . Projected traffic volumes on U.S. Highway 34 indicate the need for 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 dedica- tion (preferably the latter) as local zoning laws and regulations permit. 2. We are concerned that existing and future access points onto the highway be kept to a minimum. It is therefore recommended that the existing residences share a common access. Any potential future development of this site will only be allowed access to the highway via dedicated streets, unless no other alternative is available. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER C C Albert ChotV-Acs Assistant District Engineer AC:da cc: D. M. Bower 1818?� D. N. Fraser (2) 1611 lj � File: Crier-Jacobson via Rames-Finch-Graham ��sh ��, w/encl . JUL 1979 RECEIVED v E ED ��, p Weld County 3 6, Planning COMM*, }\ d'en v ,. Sn£Z P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 'e RECORDED EXEMPTION N2. 0959-4 - 3 - RE406 ho.Ci .2,C c S yr 4—2 • 4-S-66 �a �� io'.P0W (-/Oe As ,, dF uL.,e C°..,�. /10,w./ .40N a'' Se, 4966 ni frie 3 94F OD. -1 9D'3900 E .ZD'eierded F. faT.e ' /Pr Mo o h fc tk B' �� a, ___,/ ? /3!5fj ODOD'YY i yl in Yoga.YtS0O' `c/ LOT I o ti ■-Pv,FaN� ;\, 227_529 Y-I 151653 \O n/z5°r7GrOE2 • 8p°P°Y o 21 ri .BLOT i91 t /d. a. /n .ddo ph' t V Bas/( 693 7 h 0' 5�4 0 I A«.N. /6/4.977 ...._ 0 r� �h is'�se�„es F° f:T. b o vc. 5 d:89'2900'f r =Miiii,Inr -VS, vYY al L So-74. 4,..,c SW%q c O BEARINGS/D/STf//YCES 0 /- 100°3/b9 -f 219.00' 7- N. .379.47S 49'.F 73./B. 3- S.89°28'00`, /.30-a g - �YY/✓ERS. 4 S 03°OF 93"YX .276-Ca' fl MER ye07 r s- NB9°,29DD'YY. 19'7.32 ' /B5/ 76-'71( ,9YF/snCoogr GREE,CEY redo/7,94o Jodi/ fi//9RRYyHo77'/E .26/,2 BEetq/R Ji94''r aerne5 CD/D/Q9Doct &/ NOz 3 _ . 3k..-- k rs N s/ s EMM/9NVFC W/�arsE 25.35 72WD STREET Ia/fa:ZACK CO.COeP9Gifi I 4 m Amy lirk 60./, a I ---- l Jar 8 ` ,i iii igi il 1 j s 'j B 19 us f/)-5/ S4 9 re ,-,_se o Se-' .c?, ;9.'D Y/C/N/TY Af//9P Sea/e :/'-,zOpO' 2reese /engineering 79-9/A S/eeT / o 7°2 T,, RECORDING DATA — MAPS b PLATS Recorded Exemption #0959-4-3-RE4A6 NAME OF SUBDIVISION -- — — — ` Elmer H. Rothe, Harry H. Rothe, Emanuel W. Rothe NAME OF SUBDIVIDER The Southwest Quarter (SWt) of Section 4, Township 5 North, LOCATION OF SUBDIVISION Range 66 West of the 6th P.M., County of Weld, State of Colorado. 1802827 DATE OF RECORDINGSEP 1 11979 BOOK SSIRECEPTION # MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: DEPUTY COUNTY CLERK & RECORDER Hello