HomeMy WebLinkAbout770728.tiff RESOLUTION
RE: SUBDIVISION EXEMPTION NO. 38 -- EXEMPTION OF LAND TRANSFERRED
TO JACK BERGER AND BARBARA BERGER BY HOWARD E. BINDER, JR. ,
AS SELLER, FROM THE DEFINITION OF "SUBDIVISION" AND "SUB-
DIVIDED LAND" .
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, has reviewed the request of Howard E. Binder, Jr. , for
an exemption of land transferred by it to Jack Berger and Barbara
Berger, from the definition of "subdivision" and "subdivided
land" in Section 30-28-101 (10) , CRS 1973, as amended, and in
Section 2-1 of the Weld County Subdivision Regulations, and
WHEREAS, the Board finds that the contemplated transfer does
not conflict with the intent of the Weld County Comprehensive
Plan and will not have an adverse impact on the existing use of
the land, and
WHEREAS, the Board has considered the recommendation of the
Department of Planning Services on this matter and has reviewed
information submitted by the applicant, and
WHEREAS, the Board of County Commissioners has the power
pursuant to Section 30-28-101 (10) (d) to exempt from the definition
of the terms "subdivision" and "subdivided land" , and division of
land, if the Board of County Commissioners determines that such
division is not within the purposes of Part I of Title 30, Article
28, CRS 1973, and the Board has so found;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the transfer of certain
lands located in the South Half (S?) of the Southeast Quarter
(SE4) of Section 35, Township 2 North, Range 67 West of the
Sixth Principal Meridian, Weld County, Colorado being more
particularly described as follows:
Commencing encing at the Southeast Corner (SE Cor) of said Section 35,
and considering the East Line of the Southeast Quarter (SE a)
of said Section 35 to bear North 00°00'00" East and with all
bearings contained herein being relative thereto.
Thence South 89°50'08" West along the South line of the South-
east Quarter (SE q) of said Section 35, a distance of 993.14
feet to the "True Point of Beginning";
Thence Continuing along said South line of the Southeast Quarter
(SE a) of said Section 35 at a bearing of South 89°50'08" West
a distance of 1605.89 feet to the South Quarter Corner (S ; Cor)
of said Section 35.
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Thence North 00°46'59" West along the West line of the said
Southeast Quarter (SE a) of said Section 35, a distance of 1321.83
feet to the Northwest Corner (NW Cor) of the South Half (S 1) of
the Southeast Quarter (SE a) of said Section 35;
Thence North 89°58'51" East along the North line of said South Half
(S 1) of said Southeast Quarter (SE a) of said Section 35, a
distance of 2192.95 feet;
Thence by the following eight courses:
South 01°03'16" East, 43.37 feet;
South 14°52'53" Fast, 137.16 feet;
South 88°13'02" East, 136.14 feet;
South 32°44'24" West, 856.13 feet;
South 10°03'28" West, 120.90 feet;
South 23°32'23" West, 115.80 feet;
South 35°49'48" West, 110.75 feet;
South 54°54'03" West, 178.37 feet to the "True Point of Beginning";
Said parcel "B" Contains 61.61 acres; and
the above-described Parcel "B" will become a part of and trans-
ferred to include all of the Southwest Quarter (SW a) of Section 35 ,
Township 2 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, now owned by Jack and Barbara Berger, and
A Parcel of land located in the East Half (E1/2 ) of the South Half
(S 1) of the Southeast Quarter (SEy) of Section 35, Township 2
North, Range 67 West of the Sixth Principal Meridian, Weld County,
Colorado being more particularly described as follows:
Beginning at the Southeast Corner (SE Cor) of said Section 35,
and considering the East line of said Section 35 to bear North
00°00'00" East and with all hearings contained herein being re-
lative thereto.
Thence South 89°50'08" West, 993.14 feet along the South line of
the Southeast Quarter (SE a) of said Section 35,
Thence North 54°54'03" East, 178.37 feet;
Thence North 35°49'48" East, 110.75 feet;
Thence North 23°32'23" Fast, 115.80 feet;
Thence North 10°03'28" East, 120.90 feet;
Thence North 32°44'24" East, 856.13 feet;
Thence North 88°13'02" West, 136.14 feet;
Thence North 14°52'53" West, 137.16 feet;
Thence North Ol°03'16" West, 43.37 feet to the North line of the
South Half (S1 ) of the Southeast Quarter (SE a) of said Section 35;
Thence along said North line at a bearing of North 89°58'51" East,
a distance of 424.09 feet to the Northeast Corner (NE Cor) of said
East Half (E 1) of the South Half (S1) of the Southeast Quarter
(SE a) of Section 35;
Said point also being on the center of a 60 foot right-of-way line
for County Road No. 23.
Thence South 00°00'00" West along the East line of the Southeast
Quarter (SE a) of said Section 35, said line being also the center
of said County Road No. 23's 60 foot right-of-way a distance of
1315.12 feet to the "True Point of Beginning";
Said Parcel "A" contains 17.33 Acres; and
the above-described Parcel "A" will be retained by Howard E. Binder, Jr.
Both Parcels hereby are exempt from the definition of "subdivision"
and "subdivided land" found in Section 30-28-101 (10) , CRS 1973 , as
amended, and Section 2-1 of the Weld County Subdivision Regulations.
-2-
•
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
February, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the 16th day of February, A.D. , 1977 .
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLD DO
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ATTEST: 1110.,(-t1-�1� ti,�.1 t .;'1,,e4✓t.ELn)
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Weld County Clerk and Recorder
and Clerk to the Boa d
By;/.
= •uty County C `=rk
A- •RO D AS TO F• • :
County Attorney
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RECEIPT FOR CERTIFIED MAIL-30S+ (plus postage)
J —SENT TO POSTMARK
Howard E. Binder , Jr. OR DATE
STREET AND NO.
6155 Weld County Rd. 23
UD P.O., STATE AND ZIP CODE
ct
Ft. Lupton Colorado 80621 2/17/77
OPTIONAL SERVICES FOR ADDITIONAL FEES _
Cr 1. Shows to whom and date dell .. 154
RETURN With delivery to addressee only.. 854
RECEIPT 2. Shows to whom,date and where delivered.. 354
SERVICES With delivery to addressee only 854
DELIVER TO ADDRESSEE ONLY 504
Q SPECIAL DELIVERY (extra Fee require
Z PS Form NO INSURANCE COVERAGE PROVIDED— (Sae other sid.)
Apr. 1971 `3800 NOT FOR INTERNATIONAL MAIL 9 GPO:tan 0-460-743
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Ac::+n T, County Comni ssioners Do„ _ February 7, _1977
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F11 To i - ...__.__-.... . _-- -___ -____ Your Attiun Or Reply Is R<<t wired
LI-_ ss;:<:: S.r biLt i sianLve!npi�i�tts_38 on or nero.r-- ---
App � l Dinder-- -- —
The owners of the follo,iinq described property have requested
an exemotion from Section 7-1 of the Weld County Subdivision
regulations adopted September 1472 which defines the term
subdivision :
See Attached
The Planning Department has reviewed this request and recom-
mends that the request be Approved for the following
reasons : •
DOES DOES NOT
X Requi re water
X Require sewer
X Create traffic problems
X Fall in flood plain
Agree with Planning Commission Policy
X
Create housing
X
Agree with surrounding land use
X
X Meet all known requirements
Comments : The contiguous property owned by Jack and Barbara Berger
is described as the SW* of Sec. 35, T2N, R67W of the 6th P.M. , Weld.
County, Colorado. The Bergers desire to add the 61.61 acres which
they will acquire from Howard and Elaine Binder, Jr. to their exist-
ing 160 acre parcel to create one parcel containing 221.61 acres.
The' Binders in turn will retain the 17. 33 parcel..
P — �GL�
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•
LEGAL DESCRIPTION
PARCEL "B"
A PARCEL OF LAND LOCATED IN THE SOUTH HALF (S 1 /2) OF THE SOUTHEAST
QUARTER (SE 1 /4) OF SECTION 35, TOWNSHIP 2 NORTH, RANGE 67 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER ('SE COR) OF SAID SECTION 35, AN0
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1 /4) OF SAID
SECTION 35 TO BEAR NORTH 00°00' 00" EAST AND WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE THERETO.:
THENCE SOUTH 89°50 '08" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER (SE 1 /4) OF SAID SECTION 35, A DISTANCE OF 993 . 14 FEET TO
THE "TRUE POINT OF BEGINNING" ;
THENCE CONTINUING ALONG SAID SOUTH LINE OF THE SOUTHEAST QUARTER
(SE I/4) OF SAID SECTION 35 AT A BEARING OF SOUTH 89°50 '08" WEST,
A DISTANCE OF 1605. 89 FEET TO THE SOUTH QUARTER CORNER (5 1 /4 COR)
OF SAID SECTION 35;
THENCE NORTH 00°46 '59" WEST ALONG THE WEST LINE OF THE SAID SOUTHEAST
QUARTER (SE 1 /4) OF SAID SECTION 35, A DISTANCE OF 1321 . 83 FEET TO
THE NORTHWEST CORNER (NW COR) OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST
QUARTER (SE 1 /4) OF SAID SECTION 35;
THENCE NORTH 89°58 '51 " EAST ALONG THE NORTH LINE OF SAID SOUTH HALF
(S 1 /2) OF SAID SOUTHEAST QUARTER (SE 1 /4) OF SAID SECTION 35, A
DISTANCE OF 2192 . 95 FEET;
THENCE BY THE FOLLOWING EIGHT COURSES:
SOUTH 01 °03 ' 16" EAST, 43 . 37 FEET;
SOUTH 14°52 ' 53" EAST, 137 . 16 FEET;
SOUTH 88° 13 '02" EAST, 136 . 14 FEET;
SOUTH 32°44 '24" WEST, 856. 13 FEET;
SOUTH 10°03 '28" WEST, 120. 90 FEET;
SOUTH 23°32 '23" WEST, 115 . 80 FEET;
SOUTH 35°49 ' 48" WEST, 110 , 75 FEET;
SOUTH 54°54 '03" WEST, 178 . 37 FEET TO THE "TRUE POINT OF BEGINNING" ;SAID PARCEL "B" CONTAINS 61 . 61 ACRCS. A..//
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LEGAL DESCRIPTION
PARCEL "A" •
A PARCEL OF LAND LOCATED IN THE EAST HALF (E 1 /2) OF THE SOUTH HALF
(S 1 /2) OF THE SOUTHEAST QUARTER (SE I /4) OF SECTION 35, TOWNSHIP
2 NORTH, RANGE '67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY,
COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER (SE COR) OF SAID SECTION 35, AND
CONSIDERING THE EAST LINE OF SAID SECTION 35 TO BEAR NORTH 00°00'00"
EAST AND WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO;
THENCE SOUTH 89°50 '08" WEST, 993 . 14 FEET ALONG THE SOUTH LINE OF THE
SOUTHEAST QUARTER (SE 1 /4) OF SAID SECTION 35;
THENCE NORTH 54°54 ' 03" EAST, / 78 . 37 FEET;
THENCE NORTH 35°49 ' 48" EAST, 110. 75 FEET;
THENCE NORTH 23°32 ' 23" EAST, ( 15 . 80 FEET;
THENCE NORTH 10°03 '28" EAST, 120: 90 FEET;
THENCE NORTH 32°44 '24" EAST, 856 . 13 FEET;
THENCE NORTH 88° 13 '02" WEST, 136. 14 FEET;
THENCE NORTH 14°52 '53" WEST, 137 . 16 FEET;
THENCE NORTH 01 °03 ' 16" WEST, 43 . 37 FEET TO THE NORTH LINE OF THE SOUTH
HALF (S 1 /2) OF THE SOUTHEAST QUARTER (SE 1 /4) OF SAID• SECTION 35;
THENCE ALONG SAID NORTH LINE AT A BEARING OF NORTH 89°58'51 " EAST,
A DISTANCE OF 424. 09 FEET TO THE NORTHEAST CORNER (NE COR) OF SAID
EAST HALF (E 1 /2) OF THE SOUTH HALF (S 1 /2) OF THE SOUTHEAST QUARTER
(SE 1 /4) OF SECTION 35,
SAID POINT ALSO BEING ON THE CENTER OF A 60 FOOT RIGHT OF WAY LINE FOR
COUNTY ROAD NUMBER 23 ;
THENCE SOUTH 00°00 ' 00" WEST ALONG THE EAST LINE OF THE SOUTHEAST
QUARTER (SE 1 /4) OF SAID SECTION 35, SAID LINE BEING ALSO THE CENTER
OF SAID COUNTY ROAD NUMBER 23 'S 60 FOOT RIGHT OF WAY, A DISTANCE
• OF 1315 . 12 FEET TO THE "TRUE POINT OF BEGINNING" ;
SAID PARCEL "A" CONTAINS 17 . 33 ACRES . j
1
January 25, 1977
Weld County Board of Commissioners
Greeley, Colorado
Dear Board Members,
We, Howard and Elaine Binder, Jr. , ask you to annex 61.61
acres which we now own in the E% of the SS of the SE% section of
35 township 2 and ran *e 67 to the parcel now owned by Jack and
Barbara Berger which ,loins on the west and is described as SW%
S35 T2N R 67 W.
We presently own the 78.94 acres listed in the section above
but due to the added expense and cost of farming today it is not
feasible for us to remain farming.
We are presently milking around 250 holstein dairy cows and
would like to continue to do so on the remaining 17.33 acres
which consists of corrals, sheds , and barns.
Mr. Berger would join the farmland now owned by me to the
farmland owned by him on the west strictly for farming. We could
remain dairying and have a better situation for everyone concerned.
Sincerely,
Howard/� E. Binder,� Jr.
2Xj ��/4C2 / 2l . 4/"1 j
Elaine M. Binder
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DEPARTMENT OF PLANNING SERVICES
7' \
PHONE (303) 356-4000 EXT. 400
915 10TH STREET
OGREELEY, COLORADO 80631
•
COLORADO
January 31, 1977
Howard Binder, Jr.
6155 Weld County Rd. 23
Ft. Lupton, Colorado 80621
Re: Request for a subdivision exemption on a parcel of land described
as part of the SK4 of Sec. 35, T2N, R67W of the 6th P.M. , Weld
County, Colorado containing 78.94 acres more or less.
Dear Mr. Binder:
The necessary materials for the above described request are ccnplete and
in order. I have tentatively scheduled the hearing by the Board of
County Commissioners for February 7, 1977, at 9:30 A.M. Said hearing
will take place in the County Commissioners Hearing Room, First Floor,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
It is reccnmended that you and/or a representative be present to answer
any questions the Board might have with respect to your application.
If you have any questions with regards to this matter, please do not
hesitate to contact our office.
Respectfully,
1,-,21
Ken McWilliams
Assistant Zoning Administrator
KM/bg
copy: Jack Berger
9821 Colorado Highway #52
Ft. Lupton, ado. 80621
File contains
oversized map
Please see original file
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