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HomeMy WebLinkAbout750687.tiff FINDINGS AND RESOLUTION CONCERNING LOT SIZE VARIANCE REQUEST PETITION OF MARIE ROTH BOSTRON The Petition of Marie Roth Bostron, 10102 Bolivar Drive, Sun City, Arizona, requesting lot size variance under Section 9-4A (6) of the Weld County Subdivision Regulations. The parcel in question contains approxi- mately 129 acres of irrigated agricultural land, and Marie Roth Bostron desires to split off from said plat a parcel of land containing 3. 31 acres, and said total parcel in question is more particularly described as follows, to wit: That portion of the Southeast Quarter of Section 32, Township 5 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 1°12'05" East with all bearings contained herein relative thereto. Beginning at the East Quarter corner of said Section 32; thence along the East line of the Northeast Quarter of said Section North 1°12'47" East 177. 71 feet to the centerline of the Union Pacific Railroad; thence along said centerline South 70°56'03" West 2235. 30 feet; thence perpendicular to said centerline South 19°03'57" East 100. 00 feet to the Northeasterly corner of that certain parcel recorded under Reception No. 1022887, Records of said County, a radial line passing through said point bears North 12°22'32" East; thence along the Northerly and Easterly lines of said parcel the following courses: Southeasterly along the arc of a curve concave to the Southwest having a central angle of 15°27'05" and a radius of 797. 429 feet, 215. 05 feet to a point of tangent; thence along said tangent South 62°10'23" East 1188. 12 feet; thence perpendicular to said tangent South 27°49'37" West 40. 00 feet to the Southwesterly corner of said parcel, said point lying on the Northerly line of that certain parcel recorded under Reception No. 1023250, Records of said County; thence along the Easterly and Northerly lines of said parcel the following courses: South 62°10'23" East 53. 19 feet; thence South 6°15'37" West 181. 70 feet; thence South 15°02'37" West 128. 70 feet; thence South 85°32'23" East 785. 72 feet to the Westerly right-of-way line of County Road No. 41; thence along said Westerly right-of-way line South 1°12'05" West 54. 77 feet to the Southeasterly corner of said parcel; thence along the Southerly line of said parcel the following courses: North 85°32'23" West 825. 30 feet; thence South 16°06'23" West 191. 00 feet; thence North 62°10'23" West 574. 20 feet; thence North 3°17'23" West 258. 84 feet to the Southerly line of that certain parcel recorded under Reception No. 1022887, Records of said County; thence along the Southerly line of said parcel the following courses: North 62°10'23" West 484. 31 feet to the beginning of a curve concave to the Southwest having a central angle of 20°49'09" and a radius of 757. 429 feet; thence Northwesterly along the arc of said curve 275. 22 feet to the Southeasterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way line South 70°56'03" West 533. 89 feet to the North-South centerline of said Section; thence along said centerline South 1°17'30" West 1743. 58 feet to the South Quarter corner of said Section; thence along the South line of said 750687 Southeast Quarter South 88°40'52" East 2643. 72 feet to the Southeast corner of said Section; thence along the East line of said South ast Quarter North 1°12'05" East 2653. 12 feet to the East Quarter corner of said Section; thence along the East-West centerline of said Section North 88°48'50" West 192. 68 feet to the Southeasterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way line South 70°56'03" West 1992. 93 feet more or less to the TRUE POINT OF BEGINNING, The above described parcel is subject to a reservation for the Union Ditch right-of-way and subject to a 30. 00 foot wide reservation for County Roadway along the Easterly and Southerly portions thereof. cam on for hearing on March 12 , 1975, and the Board of County Com- missioners of the County of Weld, State of Colorado, having heard the testimony and evidence adduced upon said hearing and having considered the testimony, evidence, remonstrances and recommendations of the Weld County Planning Commission filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant failed to sustain the burden of proof as to the need for a lot size variance, and that good cause has not been shown why such a variance should be granted as required by Section 9-4A (6) of the Weld County Subdivision Regulations. 2. The evidence discloses that the proposed land division is not in conformance with the intent of the recorded exemption procedure which is defined as "a means whereby nonproductive agricultural lands may be de- veloped for higher or more productive uses, insofar as such uses are com- patible with surrounding agricultural uses in areas where such land divisions are proposed". 3. The evidence and investigation show that the property in question is composed of class II irrigated agricultural lands. 4. The evidence discloses that the proposed land division would be in conflict with the comprehensive plan of the Town of La Salle, Colorado, and not consistent with sewer service in La Salle. 5. The evidence discloses that the proposed land division does not conform to the Weld County Comprehensive Plan in that it promotes non- agricultural use of agricultural land. 6. That each of the preceding findings in and of themselves and in- dependent of each other constitutes a separate and individual ground for denial of a lot size variance under Section 9-4A (6) of the Weld County Subdivision Regulations. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has heard the application of Marie Roth Bostron, 10102 Bolivar Drive, Sun City, Arizona, for a lot size variance under Sec- tion 9-4A (6) of the Weld County Subdivision Regulations, of a parcel of land as hereinabove recited and made a part hereof by reference, and WHEREAS, said Board has made its findings on the evidence and -2- testimony submitted to it, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the Board has carefully considered the Petition, the evidence, testimony and remonstrances and the recommendations of the Weld County Planning Commission and the Town of La Salle, and have given the same such weight as in its discretion deems proper, and is now fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED, that the Petition of Marie Roth Bostron, 10102 Bolivar Drive, Sun City, Arizona, requesting a lot size variance under Section 9-4A (6) of the Weld County Subdivision Regu- lations, of a parcel of land indicated above be, and it hereby is denied on each of the grounds set forth in the Board's findings therein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of March, A. D. , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 5 �` t c/ l r Weld County Clerk and Recorder and Clerk to the Board By "fE-v- : ° e 0-A Deputy County ther`k APPROVEWAS TO FORM: i County Attorney ,) -3- _is...-. RECEIPT FOR CERTIFIED MAIL-30¢ (plus postage) SENT TO POSTMARK _ MariP Roth Rngtral7 OR DATE v` ?I5l1a82N0Bolivar Dr. P.O., STATE AND ZIP CODE LO Sun City, Arizona 85351 �d _OPTIONAL SERVICES FOR ADDITIONAL FEES 3�ZH�7S Cn_! RETURN il 1 Shows to whom and date deli 15d RECEIPT With delivery to addressee only 65a SERVICES 2. Shows to whom,date and where delivered.. 35d With delivery to addressee only R5d DELIVER TO ADDRESSEE ONLY . SOC O SPECIAL DELIVERY (extra fee required) Z PS Perm NO INSURANCE COVERAGE PROVIDED— Apr. 1971 3G00 NOT FOR INTERNATIONAL MAIL (see other side) n GPO:16Ta o-480-799 • i :. , i$ , tea : t tt:i -"D.' D ka �s •rI' r T 5 .e 's. •t..,,, ,` d;'L �i..- `' ,rp ;t: y :.,d t" ,"I�' y� , f'a r k a t1,t I:: f:919'.9,,, nP k °t i , at - R ,- 9'.'4.:1_+k a, � 1 I k 1. 4 I:11' y k '; “ a p .* w +n 12I�' ri o +�^"r`'rl .".4 iit + 6 o-1ww ' ' T* f» A'�.,w Ft a 4' i. 3 r - ', t $ }'f P. 'iz'd i. -5. r' 3 t V 7 'f' v 1' t r )14- § '4..,..i:,4',.....':Eq M " x ! S a �°y� T S X� r ' �� n � � r$,g �sur �,� ro� ;•t�,' . F ::! n L 1 +::.E' :. t s(r p l' x; x ; +a.�, a P {7 er .v + a }} , & ° sq{ i' bs �,? s ter "ey{ #. ,..t;','', ri ,,� ° ' a i4 t L'E" � !Z � i �' ,�. k . k j.,�r e w�� It: 5 �"� i A?cI ji.•,it ) yr "Y 'a ti (2-3:1':',,- r C p.;;;;; e �` _ . . '` 4'..?;',..4,':44- h4c a"�,i,;441M,d ihG �5^'3l 3.'"V. Mi?e ?x 3,i.a 2pt',I 2..i.:- s;3u''• .0 ...11,. i 7 RECORDING DATA - MAPS b PLA Plat - Recorded Exemption E0961-30-3-RE150 g-e�ortTiw'es- Etter of the NAME OF SUBDIVISION ° e 65 West of the Meyer Sadie o olan�being part ° Township 5 North, Ong _ SUBDIVIDER A Tract Section 30, NAME OF carter of 1869204 Southwest Q �...yy I_�fAT10N OF SUBDIVISION 6thir "�4 /.REf,EPT10N #$EP 1 7 1 _ BOOK DATE OF RECORDING MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY: y. RECORDER DEPOT C IINTY CLERK b a• 4� 4 OFFICE OF THE PLANNING COMMISSION John J. Juntunen Rw1A ltd ,\ PLANNER PHONE (303) 353-2212 EXT.227,228& 229 CCOUNTY SERVICES BUILDING GREELEY,COLORADO 80631 COLORADO, ,// February 26, 1975 Board of County Commissioners Weld County, Colorado 1516 Hospital Road Greeley, Colorado 80631 Re: RE 150 Dear Sirs: The enclosed application, plat, and other items are in reference to a request, by Marie Roth Bostron, for a Recorded Exemption. The parcel in question is approximately 129 irrigated acres, more or less. Based upon the information submitted and the Weld County Regulations, the Planning staff recommends denial for the following reasons: 1 . Town of La Salle recommends denial because development would be in conflict with comprehensive plan of La Salle and not consistent with sewer service in La Salle. 2. Not in conformance with the Weld County Comprehensive Plan as described on page 48, paragraph 1 and page(s) 59-60, paragraphs 1 and 2 (September 1973 edition). 3. Not in conformance with the Intent Clause, Section 9-2, of the Weld County Zoning Resolution which states "a means whereby non- productive agricultural lands may be developed for higher or more productive uses, in-so-far as such uses are compatible with surrounding agricultural uses" (Rev. 4/17/74). The parcel in question appears to contain Class II irrigated soils (only an timation from the SCS as the area is not mapped at this time). es ctfully sub tted, Thomas E. Honn Zoning Administrator jsm enclosures WELD COUNTY COMMISSIONERS HARRY S. ASHLEY GLENN K. BILLINGS ROY MOSER a ty ' RECORDE]) EXEMPTION NUMBER 090'^32-4-RE- 150 ,1�'' ' Sejrtember 25, 1974 �A-ryA:_" OWNER: Marie Roth Bostron -- p.<cN / 1 ,0rt $ ' •• . - TbN•RCoSvJ LA SALLE a. Qi•fr • J > o LOTA D - - co. . •so Scale Inz400• moo .ate 0 .O 200 a00 mo .i - a sr 4 / N r= Fz CCWT%t sGCT. 22 E.-v-14 Saar. 3-0 E%4 G R coact 32 N 8B• 48' So NJ Z4.39 •1$4• 13e'41 , / ^p ' otti ••5 • 92 e o/ a ....“7 `e tm ••S•21•o•1$• n .i•991.429• L-4=',-T- A 5' eat° `-,e„'.,• 125:73 06C. 1, :;:se-is at,. .4� 1$6 hy�aj?� at l,', 42.10. 2•• 1 64 2 O. :r ally .afs,w e3, d \ ��t a a=,f , N 3 %-V t3"W 251$.84 ee 0 U CDE O A 3• PN 2%'W 2159.00') o>icez e.ea ' $1 ro� o W r . .: - eac. -.ozerso - 0 Al 1$29.49.31^w 40.00 '. O N - 1WN ., - ....,._ „.„ a ....-..... .. f°y'.row0..... .. e . ,. .. -.1$42•.\O•k3-..,4,.b3.4Q.,y' -Raj.. , ,.44th " e3 - 3 �• 1':+•3�••w 181 n e 4 w 5)q i- 4...., $ .4 • Sls• 02'3,"W 126.10 4 dl: N ve•o•d e3"w t9•.0 o' Cocco 7es.1) 1.' Iii Vm 8eco•44'ol"w 9.06 s S ., E 23" 765'2 : l '•'e.osw 54.1? t-• N SW 3a-as. a85.30. _ v - N•s•os'4v w sfa.b5 LOT A. N rN �N'o� C•YAL \2 .•'13 0.e. 7 0 I 0 .. \ •r 33. 5•'45"w -1 S.ea Q 2 N 41• o•' 24.-v../ ,44. 45 01 p'0 G. o(t n S'SP4 N23.4eZ2 ," W 2•o.•Z o1ct; Lara 3.31a•c. P tat, '4 2•• O.•' o6'w ••1.46 �) 9 ` N ••S• V7• 44o"%4.1 0.3.31 SOS RESERV AI-•ON Few Go. Ro. SD�7 �������� s ag' bo' 52^E 2643.'12 6•/4 COW. Sou,-%-\ t t S€V4- 6E cost. SECT. Sac-c: 36 9z•-T 4ora,R b s w Sheet J- of 2 RECORDED EXEMPTION NUi1BER 09§1032-4- RE- 150 Septcmbcl 25, 19/4 'OWNER: t1:: ie !_uLh Bostron LEGAL DESCRIPTION That-portion ofthe Southeast Quarter. of` Section 32,.:Township`5 North, Range.65 ofeW 6th Principal Meridian, County of Weld, State of -Colorado, more- particularly described a ls ` follows: Considering the East line of said Southeast Quarter as bearing North 1°12'05" East with all bearings cont,.ined herein relative thereto. Beginning at the East Quarter corner of said Section 32; thence along the East line of the Northeast Quarter of said Section North 1°12'47" East 177.71 feet to the centerline of Union Pacific Railroad; thence along said centerline South 70°56'03"West 223530 feetthencc perpendicular to said centerline South 19°03'57" East 100.00 feet to the Northeasterly`norner:6' -'of-that certain parcel recorded under Reception No. 1022887, Records of said County, a' radiat line passing through ontd point hears North 1.2°22' 32" East; thence along the Northerly and Easterly lines of said parcel the following courses: Southeasterly along the arc of a curve concave to the Southwest having a central angle of 1.5°27'05" and a radius of 797.429 feet, 215. 05 feet to a point of tangent; thence along said tangent South 62°10'23" East 1188.12 feet; thence perpendicular to said tangent South 27°49' 37" West 40.00 feet to the Southwesterly corner of said parcel, said point lying on the Northerly line of that certain parcel .recordedN:, under Reception No. 1023250, Records of said County.; thence along the Easterly".and,Northerly lines of said parcel the following courses South 62°10'23" East 53.19Mfeet;w h, tc,, „S,p - - o r. .t1... . ...-fee r "6°15'37" West 7.81.70'feet;` thence South'�15 02 37 SJest`�128 70 feet, thence South B5°32'23" East 785. 72 feet to the Westerly right-of-way line of County Road No. 41 ; thence along said . Westerly right-of-way line South 1°12' 05" West 54. 77 feet to the Southeasterly corner of said . parcel; thence along the Southerly line of said :.•nrcel the following courses: North 85°32'23" West 825.30 feet; thence North 16°06' 23" West 1.91. 00 feet; thence North 62°10' 23" West 574.20 feet; thence North 3°17'23" West 258.84 feet to the Southerly line of that certain parcel "recorded under Reception No. 1022887, Records of said County; thence along the Southerly.,line.,-- of said parcel the following courses "North .62°10'23" West 434.31 feet.,to the beginning'-of--.4 l curve concave to the Southwest having a centra angle of 20°49'09" and a,radius of 757`.4291"r< _t feet; thence Northwesterly along the arc of said curve 275.22 feet to the Southeasterly-1.1Or' 'of-way line of the Union Pacific "ailroad; thence along said right-of-way line South 70°56'03" West 533.89 feet to the North-South centerline of said Section; thence along said centerline South 1°17' 30" West 1743. 53 feet to the South Quarter corner of said Section; thence along the South line of said Southeast Quarter South 88°40'52" East 2643.72 feet to the Southeast corner of said Section, thence along the East line of said Southeast Quarter North 1°12'05" East 2653. 12 feet t:, - East Quarter corner of said Section; thence along the East-West centerline of said Sec-Hon North 83°43' 50" We-. 192. 68 feet to the Southeasterly right-of-way line of the Union Pacific Railroad; thence a'o -1, said right-o. -way line South 70°56'03" West 1992. 93 feet more or less to the TRUE POINT U; IH G:INNING. """The above described parcel is subject r.o a reso:vation for the Union Ditch right-of-way and subject to a . t wide reservation for County Roadway along the Easterly and Southerly `portions t reof. I, Marl Roth Bostron,ibeing he -sole owner iee ofithe. above described property do subdivide same/as shown on the attached ap adad U I i Marie Roth Bostron - i `c NO The foregoing certificat ' n was acknowledged before me this ?C'� day or .<<=� ,,r 1974. L. /f7J c ission expires r - . Witness my hand and seal . Y V L _- Notary Public ''I HEREBY CERTIFY THAT THIS I'I,A'I' WAS ACCOMPANYING PLAT 1S ACCEPTED AND APPROVED FOR ; PREPAIED UNDER MY SUPERVISION AND FILING . THAT SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.f. I FURTHER CERTIFY Y THAT EACH OF TILE LOTS SHOWN -HEREON CONTAIN 40,000 SQUARE FEET OR ao cll. an of the Boa d o . County ommissioners MORE WHICH LIES 5. 00 FEET OR MORE yIt% c "�i , `ABOVE THE HIGHEST KNOWN FLOOD ELEVA- (�� fiSO ATftity ` Fy'T 'OUNTY CLERi'�• �« HT1ON.4n -- �J ' 1085teff 5 ""`G�; cE ward L. Berlier, . / Surveyor, Colorado Reg. No. 10355d �ryT �A sUnv���0 c OF coy° APPLICATION FOR RECORDED EXEMPTION l Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY : Ot\l \ ; lr 2ic W LAND CODE : CASE N0 : / 7.) T : _ 1 /4 : 3C DATE : 6�y--��� LEGAL DESC . APPR : APPL . FEE : "= APP . CHECKED BY : 'rte RECORDING FEE : DATE SENT TO BOARD : RECEIPT NO . : -51p,/,,p •' DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : ( Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : SEE EXHIBIT "A" ACREAGE : LOT "A" 125.73 ; LOT "8 " 3.31 ;TOTAL : 129.04 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO x FEE OWNERS OF PROPERTY : 10102 Bolivar Drive NAME :Marie Roth Bostron ADDRES%un City, Arizona PHONE : NAME : ADDRESS PHONE : NAME : ADDRESS PHONE : WATER SOURCE Central Weld County Water District TYPE OF SEWER Septic System PROPOSED USE Single Family Residence I hereby depose and state under the penalities 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 j� STATE OF COLORADO ) �' �1/ ce rC(�z`>-�`/ l )��c,7--��� � Signature : wner or Authorized Agent Subscribed and sworn to before me this / day of Al., - , 197/7 SEAL NOTARY PUBLIC /' - . 7 - 7l My commission expires : September 25, 197 File No. 5188-1-1 (J I EXHIBIT "A" U LEGAL DESCRIPTION W That portion of the Southeast Quarter of Section 32, Township 5 North, - H-- Range 65 West of the 6th Principal Meridian, County of Weld, State of — Colorado, more particularly described as follows: I U Considering the East line of said Southeast Quarter as bearing North x - 1°12'05" East with all bearings contained herein relative thereto. - - iceT Q Beginning at the East Quarter corner of said Section 32; thence along the East line of the Northeast Quarter of said Section North 1°12'47" East 06 177.71 feet to the centerline of the Union Pacific Railroad; thence along r said centerline South 70°56'03" West 2235.30 feet; thence perpendicular un to said centerline South 19°03'57" East 100.00 feet to the Northeasterly - Cc corner of that certain parcel recorded under Reception No. 1022887, w Records of said County, a radial line passing through said point bears = w North 12°22'32" East; thence along the Northerly and Easterly lines of said parcel the following courses: Southeasterly along the arc of a sz = Z curve concave to the Southwest having a central angle of 15°27'05" and — a radius of 797.429 feet, 215.05 feet to a point of tangent; thence U along said tangent South 62°10'23" East 1188.12 feet; thence perpendicular to said tangent South 27°49'37" West 40.00 feet to the Southwesterly Z corner of said parcel, said point lying on the Northerly line of that u.J certain parcel recorded under Reception No. 1023250, Records of said County; thence along the Easterly and Northerly lines of said parcel the following courses: South 62°10'23" East 53.19 feet; thence South 6° 15' 37" West 181.70 feet; thence South 15°02'37" West 128.70 feet; thence South 85°32'23" East 785.72 feet to the Westerly right-of-way line of County Road No. 41; thence along said Westerly right-of-way line South 1°12'05" West 54.77 feet to the Southeasterly corner of said parcel; U thence along the Southerly line of said parcel the following courses: North 85°32'23" West 825.30 feet; thence North 16°06'23" West 191.00 feet; C- thence North 62°10'23" West 574.20 feet; thence North 3°17'23" West 258.84 feet to the Southerly line of that certain parcel recorded under Z Reception No. 1022887, Records of said County; thence along the Southerly W line of said parcel the following courses: North 62°10'23" West 484.31 feet to the beginning of a curve concave to the Southwest having a central' angle of 20°49'09" and a radius of 757.429 feet; thence Northwesterly = along the arc of said curve 275.22 feet to the Southeasterly right-of-way - line of the Union Pacific Railroad; thence along said right-of-way line South 70°56'03" West 533.89 feet to the North-South centerline of said i Section; thence along said centerline South 1°17'30" West 1743.58 feet 7 to the South Quarter corner of said Section; thence along the South line = - - - of said Southeast Quarter South 88°40'52" East 2643.72 feet to the South- ` Oeast corner of said Section; thence along the East line of said Southeast x = - Quarter North 1°12'05" East 2653.12 feet to the East Quarter corner of = oill said Section; thence along the East-West centerline of said Section North _. 88°48'50" West 192.68 feet to the Southeasterly right-of-way line of the Z Union Pacific Railroad; thence along said right-of-way line South 70°56' 03" West 1992.93 feet more or less to the TRUE POINT OF BEGINNING. U The above described parcel is subject to a reservation for the Union Ditch right-of-way and subject to a 30.00 foot wide reservation for County Road - CD way along the Easterly and Southerly portions thereof. I QF at # ' 1� �' vh" + I' 4 / \ I. • v it •� 7f �V >Afil Ja _ 1• -L4 v,A „) ,V , v. SIR �" }• z " [ I Y 1� \[ �M_- ,¢YAK r le + ,. f '� k �S_ r �� . 1 A 1 A,4,..., f 8 I .'e 4YA`f� T'9 •a. I — t �d _ tit e, 3 Via? v, ) v , , 3 -- .• --- • --) lt • •l 4 .. , v L, i! . i ..49 5z i .;..i.es •a' is • 1 t,e4 *..t;o f. .¢ 4. S — PE P i IN, .I \ . ' ' a „ . ,.... ,,, x. , , „,,,,, , , , ,,,,,,,..„. ...., ....... __ _ .-,, ,,, ,,,:a., , ,„,..4 • 3i '.�Y} •f lNP""' 1 i v `, 1 I Itn .\\ R ' � ++3iJn ff y K� e > i .5 ii • i• I •` � ` ` ' r$ t\` t r S 3E r S > � •i 1, f • mi• �� � P v t _ t' to .ct 1.. J y y I� �t . hl` t _ t l *,.. �,,. S i .. -* 14. I 1 �•sr . 1•I ki t itr, VA 1 .'! g1 -•� 4( � '. \ K. jtI \ i II ' W y • WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STATE OF COLORADO ) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION : LEGAL DESCRIPTION 1'hc Southeast Quarter (SE',,) of Section Thirty-two (32) in Township Five (5) Nor, „ , s :xtv-five (65) West of the 6th, Y.M. , in Weld County, State of Colorado, EXC: j'F " "' 'h:FRCI?I rite right of way of the Union Pacific R.R. Co. as now existing, right . . , Cor canal of the Union Ditch Company, a certain tract of land containing 1 .32 u. . conveyed b' the Great Western Sugar Co. to Union Pacific R.R. Company by Deed tecurccd in Book 1219, at Page 114, Weld County Deed Records, a tract of land containing 4.80 acres, as reserved in Deed of the Great Western Sugar Company, recorded in Book 121 ,, at Page 296, Weld County Deed Records, and also EXCEPTING a tract of land out of ! .. northwest corner containing 2.281 acres as described in that certain Deed to Sil ; and Betty L. Paul recorded in (Book 641, Page 1, 562779 per deed recorded in Book 691, Reception No. 1613474 - research shows statement to be in error) Book 623, Reception No. 1544946. Deed Records of Weld County, State of Colorado, CONVEYANCES ( if none appear, so state) : Reception no : 1613474 , Book 691 See attached copy Reception no . , Bcok Reception no . , Book Reception no . , Book Reception no . , Book Reception no: , Book Reception no. , Book • Thi : Certificate is made for the use and benefit of the Planning Commission of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the amount of the fee paid for this Certificate. In "itness Whereof , TRANSAMERICA TITLE INSURANCE COMPANY has ca'ised this certificate to be signed by its proper officer this 16th day of September , A. D. 1974 , at 7 :45 A,M. o ' clock . TRANSAMERICA TITLE INSURANCE COMPANY By " A11T IZEh SIGNATRE •I j 1 1 `ei �j , May !w 1 • I}( .., „.. ..V$13474 ...„.. ., ,- f I • DEED I For Ten Dollars (910.00) a„ ott er valuable con- e ii sideration, receipt of which is hereby acknowledged, I, MARIE • {F` ti .0 GOTH ROSTRON, a .wiuow dealing with her sole and separate prop- N, .. erty, as Grantor, do hereby convey to MARIE ROTH BOSTRON, Grantee, as Trustee under that certain Trust Agreement dated ai Apri! 3, 1973, for the use of i:ARIE ROTH BOSTRON, JAMES G. RO:P, ANN WOitTIEY and FRANKLIN J. ROTH, the following dcs- - cribcu real property situated in the County of Weld, State ti _ of COlorad0: ! x The Southeast Quarter (SE1/4) of Section Thirty- • • ' two (32) in Township Five (5) North, Range Sixty- five (65) West of the 6th, P.M., in Weld County, °'.fate of Colorado, EXCEPTING THEREFROM the right • art way of the Union Pacific R.R. Co. as now exist- t+ : right of way for canal of Lhe Union Ditch 1 • _ Company, a certain tract of 1—'4 i:iing. 1.32 ( I _c_es curd/eyed by the Great Western Sugar Co. to f • Union Pacific R.R. Company by Deed recorded if: l Book 1219, at Gage 114, Weld County Deed Records, t a tract of land containing 4.80 acres, as reserved in Deed of the Great Western Sugar Company, re- corded in book 1219, at Page 296,Weid County peed ' • • • Records, and also EXCEPTING a tract of land out of t e northwest corner containing 2.281 acres as des- • cribed •• , c cin that certain Deed to Dill Paul and Betty L. Paul recorded in Book 641, at Page 1,562779, Deed Records of Weld County, State of Colorado, and containing after said exceptions 141 acres, more or less. 1 SUBJECT TO: All taxes and other assessments, reser- • vations in patents, and all easements, rights of way, encun.- brances, liens, covenants, ccnditions, restrictions, obliga- ticcs and liabilities as may appear of• record. nod, I do hereby warrant the title against all per- homs eons woever, s'njecL to the foregoing matters. E ,I DAT1;c, this 3rd day of Apiil , 1973. • i [ 1 ' ,Jq,.i , ..'/[• is AIL[aJ2.• 1 MARIE/ROT:: ➢OSTRON JI r . P I . s • f I 691 4 161347 K..7� . STATE OF ARIZONA { • 1 1 ss. County of Maricoya ) The foregoing instrument was acknowledged before me ,.,, this 3rd day of April , 1973, by MARIE ROTH BOSTRON. t =W f;� .�-..mod+i =•�. / . V )•zonzasslcr ex res: Notaiy Public 20, 197'.1 • ivoP>► t. • • • • • • • • • { 1 1 i -2- • • • • ' r ‘fii: 4 f kir OFFICE OF THE PLANNING COMMISSION BURMANLORENSON PLANNER 111 PHONE (303) 353-2212 EXT.227, 228&229 1 I pe COUNTY SERVICES BUILDING GREELEY, DO 1 COLORADO October 23, 1974 Mr. Maurice McMahan, Mayor City Hall La Salle, Colorado 80645 Dear Mr. McMahon: Enclosed please find information regarding a request, by Marie Roth Bostron, for a Recorded Exemption. In-so-far as she desires to separate a parcel of three acres from her total property of 139 acres, and in-so-far as this land split will occur in the La Salle comprehensive plan area, it is desirous for this office to know your communities' position on this matter. Please understand that your recommendation for approval or denial will play a major role in our recommendations to the Board of County Commissioners. We would appreciate an answer from your office as soon as possible so that we may process the Bostron application. If you have any questions, please feel free to contact me. Very truly yours, Thomas E. Honn Zoning Administrator jsm Enclosure WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K. BILLINGS ROY MOSER n %am Oga Sale, ealeptado POST OFFICE BOX 427 LA SALLE, COLORADO 80645 November 22, 1q74 Mr. Thomas Z. Honn "oning Administrator Office of the Planning Commission County Services 3uilding Greeley, CO 80631 Dear Mr. Hann, This letter is in response •.o your letter to Mr. Maurcie I•icMahan, Mayor for Ls Salle, dated 23 October, 1974. On 21 November t .e La Salle Ply nnin; Commission met to consider the request for a recorded exemption proposed by Marie Roth Bostron. It was the recommendatio:: of the Planning Commission deny the request' for the following reasons: 1. It is not knr:wn how many single-family homes would be built on the three acres. 2. The concept of a septic sewer system for residences is inconsistant with sewer service in LaSalle. 3. The property is approximately three-quarters of a vile east of current town limits and development in this . rea would tend to orient fitre developments in a easterly direction, awe from La Salle. This occurance would be in conflict with the County Comprehensive Master 'len. This recommendation will be forwarded to the La Salle Town 3oard during their regular meetin; to be held on 26 November 19Th. Unless you hear from me by 27 November, Please consider this letter to indicate the wishes of {the Town of La Salle. Sincerely, Larry Linder •• Town Administrator �r` . LWL/kl� ', ` �� ` cc.;ipf4# ;,J cc:file c: v,:s,�.. • Weld County HealthDepartment BOARD OF HEALTH FRANKLIN D. YODER. MD. MPH CLARENCE SITZMAN, GREELEY 1555 17TH AVENUE RALPH AA B, GREELEY DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON, AULT (303) 353.0540 ANTHONY LEMBACH, GREELEY DAVID WERKING, DOS, GREELEY TO WHOM IT MAY CONCERN: The Soil Test for the following Recorded Exemption has been approved by the Weld County Health Department. Owner: Mrs. Marie Bostron Address: 10102 Bolivar Drive - Sun City, Arizona 85351 Location: SE's Sec. 32, T5N 65W - (tenan Rub n Schissler Rt. 1, Box 203-LaSalle, CO 80645 Glen E. Paul, Director Environmental Health Services GEP/hv CENTRAL WELD COUNTY WATER DISTRICT 105 - 18th Street Greeley, Colorado 80631 August 20, 1974 Mrs. Marie Bostron 10102 Bolivar Drive Sun City, Arizona 85351 Re: Water Service Dear Mrs. Bostron: This letter is in response to your request for water service to serve the following described property: (See Attached Legal Description) Water service can be made available to the above described property provided all requirements of the District are satisfied. Additional comments: If contracts have not been consumated with Central Weld County Water District within one year from date of this letter, this letter shall become null and void unless extended in writing by the District Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT_ c)at C3. Dale D. Olhausen Manager DDO/lh h _ _� September 25. 1974^ FileNo. 5188-1-1 ,./-) 1 EXHIBIT "A" i LEGAL DESCRIPTION That portion of the Southeast Quarter of Section 32, Township 5 North, d Range 65 West of the 6th Principal Meridian, County of Weld, State of —_. ii Colorado, more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North -- ( i 1°12'05" East with all bearings contained herein relative thereto. l Beginning at the East Quarter corner of said Section 32; thence along the H East line of the Northeast Quarter of said Section North 1°12'47" East I1.' 177.71 feet to the centerline of the Union Pacific Railroad; thence along :f said centerline South 70°56'03" West 2235.30 feet; thence perpendicular 43 to said centerline South 19°03'57" East 100.00 feet to the Northeasterly --. 1: corner of that certain parcel recorded under Reception No. 1022887 , _, fj Records of said County, a radial line passing through said point bears North 12°22'32" East; thence along the Northerly and Easterly lines of said parcel the following courses: Southeasterly along the arc of a curve concave to the Southwest having a central angle of 15°27'05" and - a radius of 797.429 feet, 215.05 feet to a point of tangent; thence along said tangent South 62°10' 23" East 1188.12 feet; thence perpendicular'' to said tangent South 27°49'37" West 40.00 feet to the Southwesterly corner of said parcel, said point lying on the Northerly line of that certain parcel recorded under Reception No. 1023250, Records of said County; thence along the Easterly and Northerly lines of said parcel the following courses: South 62°10'23" East 53.19 feet; thence South 6° 15' 37" West 181.70 feet; thence South 15°02'37" West 128. 70 feet ; thence South 85°32'23" East 785. 72 feet to the Westerly right-of-way line of _I County Road No. 41; thence along said Westerly right-of-way line South 1°12'05" West 54. 77 feet to the Southeasterly corner of said parcel; 't. thence along the Southerly line of said parcel the following courses: North 85°32'23" West 825.30 feet; thence North 16°06'23" West 191. 00 feet; thence North 62°10'23" West 574.20 feet; thence North 3°17'23" West Y258.84 feet to the Southerly line of that certain parcel recorded under i, Reception No. 1022887, Records of said County; thence along the Southerly , line of said parcel the following courses: North 62°10'23" West 484.31 W feet to the beginning of a curve concave to the Southwest having a central angle of 20°49'09" and a radius of 757.429 feet; thence Northwesterly `s along the arc of said curve 275.22 feet to the Southeasterly right-of-way rd line of the Union Pacific Railroad; thence along said right-of-way line South 70°56'03" West 533.89 feet to the North-South centerline of said t'' Section; thence along said centerline South 1°17'30" West 1743.58 feet ,t to the South Quarter corner of said Section; thence along the South line ` of said Southeast Quarter South 88°40'52" East 2643.72 feet to the South- _ 11east corner of said Section; thence along the East line of said Southeast f Quarter North 1°12'05" East 2653.12 feet to the East Quarter corner of . said Section; thence along the East-West centerline of said Section North 88°48'50" West 192.68 feet to the Southeasterly right-of-way line of the ,., �i-' Union Pacific Railroad; thence along said right-of-way line South 70°56' 1 03" West 1992.93 feet more or less to the TRUE POINT OF BEGINNING. ,A The above described parcel is subject to a reservation for the Union Ditch right-of-way and subject to a 30. 00 foot wide reservation for County Road- Pi way along the Easterly and Southerly portions thereof. KS H • RECORDED EXEMPTION CHECKLIST (To be returned with application and completed by Planning Com- mission staff. ) The Planning Commission staff has reviewed the applicationor ' Recorded Exemption No . /57) submitted by c -�,. , z and finds the following : 1 . That the proposed lots are not part of a recorded exemption from the definition of "subdivision or subdivided land " or • subdivision approved within less than five years previous ; 2 . That the proposed land division would not constitute the sub- division of a larger tract or parcel of land into more than two (2 ) building sites , tracts , or lots within five (5) years ; D X-7-&44-- 3 . That the lots resulting from the proposed land division will each be accessible from an existing public road with a mini - mum frgnta e,.tin conformance with the County Zoning Resolution ; 4 . That the proposed lot ill/ ha a ce s o an adequate water supply ; ae° Zti <f :*Zia"ilef 5 . That the proposed lots will have access to an adequate means for disposal of sewage ; ' 6 . That the minimum,lot size shall not be less than the zoning requirements ; 'U. '77/ ' 7 . That the land division proposal tScin compliance with the Comprehensive Plan ; I) Sa '( It-lAr,„; 8 . That said land division does not interfere witi,,snrilie within major floodways or drainage courses ; (jam 7�r€ This application does ;% does not comply witfi the requirements of Section 9 , Weld Codmty Subdivision Regulations for Recorded Exemptions . Burman Lorenson Date Planning Director Lig QZIM /V9/2 9 J., RECORDED EXEMPTION NUMBER OS 32-4-RE- I50 _ M v''�`� September 25, 1974 PATNA OWNER: Marie Roth Rostron .. CN / O,S $6c. 32 0`7. ` III T•SN, R Co3W L A .SALT-CC *a' 4'. P P J J� o LOT A a • L.ore V CO.Rs.. 5o Scale: I1T=4001 i o tea too moo 400 r W P I �N r- G6•iTfli sc.cT. a2 E-v..! 4 Sea-. 32y ' E/4 c-it. Sec-C 32 / N 88. 48' So" K/ Ze.o39. 94' 79Z•4$ , Rac. Sc. .544'4/° 2" "< • 660.1-1, .1,1° • te, 0 / �iO n . \��. 0' Pr-- E, S•Rs 1.4 09` 29 V•L73.03 11 Crnritt. co\ O .3151.443 papo-o3• 'w. t" 1+1 I, , 7 s ' 362•, I Al It I e+ II 'r a ° $tilN 343. 11•ZS"W 298.54 �. a Cosa° .4.3• rl• 23'w 299.00') >_` ee• P• I04 U <1 9 7 s�c.iao.totltSo 1 �(� M - re SE•es WI E 3 9 O N ,..•w 34.• 19.31"w 181.10 IL I. • • %Ise ov3 n rvf t25o Q d1: N floe o<o' e3"t.4.4 \et.00• Come° 766.17 W Ili . 3 676.32'23"p 765.12 10 a5Ko'44.01"W 5.0e 7 Yw't> . IL' r i N SS . .. p 0 LOT A ,...‘08.4,'e-"U 30.00' N N•S•Oe'440"W 313.99 /� uNtosa C..4J4` ` 6�.�� at. ` i IO w.33. tee 44"w n s.ee Q 2 b•\ ,4 41. O1. 24"W 744. 43 a A4- .423.40'20•'W 2io.72 &.1'4 r:r: 7 4 .e t•..OT la 3.31 oz. O 0 c }% 446\ M N .4 2o. ow 06^W 7n.so 4 1H •9• \7. 4 "W es.3l 30' Re St.RVAT C.O. sow& iota O.Ro. SO / ' s e 2443.lt� A 6E 6OR. SEC. Se tsjar Colt. `30UY}j L•14 S€.'14 S2,T4w)R64W Sheet 1 of 2 wEcolznLn Hai:rl''r'lor. mini/[; 09( 12-4- RE- ISO ScptcmhcL _ , i `-r'4 OWNER _ th Bostron LECAT, DESCRIPTION That portion of the Southeast Quarter of Section 32, Township 5 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 1°1.2'05" East with all. bearings cont.;ined herein relative thereto. Beginning at the East Quarter corner of said Section 32; thence along the East line of the Northeast Quarter of said Section North 1°12'47" East 1.77. 71 feet to the centerline of the Union Pacific Railroad; thence along said centerline South 70°56'03" West 2235.30 feet; thence perpendicular to said centerline South 19°03'57" East 100. 00 feet to the Northeasterly corner of that certain parcel recorded under Reception No. 1022887, Records of said County, a radial line passing through said point hears North 12°22' 32" East; thence along the Northerly and Easterly line ; or said parcel the following courses: Southeasterly along the arc of a curve concave to the Southwest having a central angle of J5°27'05" and a radius of 797. 429 feet, 215. 05 feel to a point of tangent; thence along said tangent South 62°1.0'23" East 1188.12 feet; thence perpendicular to said tangent South 27°49'37" West 40.00 feet to the Southwesterly corner of said parcel , said point lying on the northerly line of that certain parcel recorded uncle Reception No. 1023250, Records of said County; thence along the Easterly and Northerly lines of said parcel the following courses: South 62°10'23" East 53. 19 feet; thence South 6°15'37" West 181.70 Feet; thence South 15°02'37" West 128.70 Feet; thence South 85°32'23" East 785.72 feet to the Westerly right-of-way tine of County Road No. 41 ; thence along said Westerly right-of-way line South 1°12'05" West 54, 77 feet to the Southeasterly corner of said parcel; thence along the Southerly line of said -arcel_ the following courses: North u5°32'23" West 825.30 feet; thence North 1.6°06' 23' West 191 . 00 ! / et; thence North 62°10' 23" West 574.20 feet; thence North 3°1.7' 23" West 258.84 feet to the .Southerly line of that certain parcel recorded under Reception No. 1.022887, Records of said County; thence along the Southerly line of said parcel the following courses: North 62°1.0'23" West 434. 3.1 feet to the beginning of a curve concave to the Southwest having a central angle of 20°49'09" and a radius of 757.429 feet; thence Northwesterly along the arc of said curie 275.22 feet to the Southeasterly right- of-way line of the Union Pacific "ailroad; thence along said rigb::-of-way line South 70°56'03" West 533.39 feet to the North-South centerline of said Section; I:hence along said centerline South 1°17'30" West 1743. 53 feet to the South Quarter corner of said Section; thence along the South Iuce of slid Southeast Quarter South 88°40'52" East 2643.72 feet to the Southeast corner of said Section , thence along the East line of said Southeast Quarter North 1°12' 05" East 2653. 12 feat t' East Quarter corner of said Secticci; thence along the East-West centerl. L:c of said Sect "on North 38°43'50" We 192.68 feet to the toutheasterly right-of-way line of the Union Pacific Railroad; thence al o said right-of -,,ray line South 70°56'03" West ' 992. 93 feet more or less to the TRUE ]'0111'l 5, . ; INNING. The above described parcel is subject ' o a res -a_;tion for the Union Ditch right-of-way and subject to a ' . �fo<Zt wide reservation or County Roadway along the Easterly and Southerly portions t reel. I., Mari keth Bostron, being he sole owner in roe of the above described property do subdivide same is shown on the attached ap. 61Y'A / Marie Roth Bostron I'hc' h1iiorepoing certificat' n was acknowledged before me this 12.. -- day o` , (J -/-jF, - , 1.974. My c mission expires y/Tricily l / 77t /7;75 . Witness my hand and seal . ,L� .-- ---.C 9-1_-- - � --- -- - Nortry Public NOT NOT I HEREBY CERTIFY THAT THIS PLAT WAS ACCOMPANYING PLAT TS/ACCEPTED AND/APPROVED o'0`,: PREPALli) UNDER MY SUPERVISION AND f I LING . THAT SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. T FURTHER /� CERTIFY Y THAT EACH OF THE LOTS SHOWN y!��� HEREON CONTAIN 40,000 SQUARE FEET OR PRA �: Ryan of the B��_ (�� ommissioners MORE WHICH TIES 5. 00 FEET OR MORE'. ��. ABOVE '19IE HIGHEST KNOWN FLOOD ELEVA- fpl p6Ut�fl�$):y ' F#PA(;OUNT'Y CLE.I .__ 'PION. 1 - - - ', - - l0855 , cia DATE ; E ward L. Berlier, Registered Land c)J,i 4IV0 ACC), Surveyor, Colorado Reg. No. 10855 17r . SURy,.,y �p Sheet '2"�'r 2 Hello