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)
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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 --
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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.
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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
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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
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P I .
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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.
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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
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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
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RECORDED EXEMPTION NUMBER OS 32-4-RE- I50 _ M v''�`�
September 25, 1974 PATNA
OWNER: Marie Roth Rostron ..
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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