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Home My WebLink About790834.tiff 1 C) C RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 378 - ESTHER HERGENREDER. WHEREAS, the Board of County Commissicners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public hearing held on the 28th day of February, 1979 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of a certain parcel of land, as shown on the plat known as Recorded Exemption No. 378, being the property of Esther Hergenreder, described as part of the Southeast Quarter of the East Half of the Southwest Quarter of Section 19, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Part of the Southwest Quarter and the Southeast Quarter of Section 19, Township 5 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southeast Corner of said Section 19, and considering the South line of said Section 19 as bearing North 89°06'49" West, with all other haarings contained herein being relative thereto; thence North 89°06'49" West, along said South line, 2095.47 feet to the True Point of Beginning; thence continuing North 89°06'49" West, along said South line, 1850.97 feet; thence North 00'02'57" East, 277.45 feet; thence North 76°08'29" East, 327.27 feet; thence North 82°03'48" East, 989.70 feet; thence North 69°48'18" East, 538.67 feet; thence North 63°46'17" East, 52.39 feet; thence South 00°00'00" West, 730.23 feet to the True Point of Begin- ning. Said described parcel of land contains 20.003 acres, more or less, including a strip of ground 30 feet in width along County Road 54 and 541 reserved for County Road right-of-way purposes and is subject to any rights- of-way or other easements as recorded by instruments of record or as nay existing on said described parcel of land. does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and WHEREAS, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within G ? 3: 37d� E ski ; ? 7s0834 C 1 ' the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1A(3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Esther Hergenreder be, and hereby is, exempt from the definition of the terms "subdivision" and "sub- divided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO atits.- ,--45k4;> ATTEST: "mi avw;Q2timtv;ri Weld County Clerk and Recorder and Cier to the Board Deputy Co my Clerk c-cAPPROS TO FORM: C2 County Attorney DATE PRESENTED: MARCH 5, 1979 RECORDED ' E• EMPTION Na 0963-/9-3-&-378 LEGAL Part of the Southwest Quarter (SW1) E and Lthe OSoutheast Quarter Section 19 , Township 5 North , Range 64 West of the 6th P .M . , County of Weld , State of Colorado , being more particularly described as follows : Beginning consi - ering the South eline tofa said oSection rner E19oas bearing Northo89° 06 ' 49" West ,d with all other bearings contained herein being relative thereto ; Thence North 89° 06 ' 49" West, along said South line , 2095. 47 feet to the True Point of Beginning ; Thence continuing North 89° 06 ' 49" West , along said South line , 1850. 97 feet ; Thence North 00° 02 ' 57" East , 277. 45 feet ; K Thence North 76° 08 ' 29" East, 327 . 27 feet; 4 0n Thence North 82° 03 ' 48" East, 984, 70 feet ; p Thence North 69° 48 ' 18" East , 538. 67 feet ; 'q 1Cj Thence North 63° 46 ' 17" East , 52 . 39 feet ; a' Thence South 00° 00 ' 00" West, 730. 23 feet to the True Point of Beginning . Said described parcel of land contains 20. 003 acres , more or less , including a strip of ground 30 feet in width along County Road 54 and 542 reserved for County Road right-of-way purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land . SURVEYOR ' S CERTIFICATE I do hereby certify that this plat was prepared under my superva,&4 • and that the same is correct to the best . my knowledg ; a d bel�i. `c.ER FR 1. Co P P . E. B L. fr 14392 1 * PROPERTY OWNERS ' APP ' : AL \:I() AI( ` " Esther Hergenreder , being the t� e " `„ in fee of the above described property do hereby subdivide th - . j shown on the attached map. ketrie.A-4.4cSTHER HERGENREDE bb�� The foregoi certification was acknowledged before me this ftArY k \ day of �e , A. D . , 1979 . Witness my hand and se `la."p � � id ..:' My Commission Expires : 3, /98/ • NOTARY P BLIC ;.o V.• o PLANNING COMMISSION CERTIFICATE �F•• • OCktr The accompanying plat is accepted,;and appro d for filing . OF cO\- .Chairman ATTEST : County Clerk -"""" �711 -02A ""``�' and of County Commissioners • ,i • . : � Dated sp� g 79 (c . Are/oared .6y g`reede engineering . 8«.34\-E-e\—taeo .QVI VI0IT�iiv13X3 a34S1003R ,a' 8a� v _ r #` it 6 2 • • o ym r ,;, ,c, co 2 L _e.- ..42 ober iv T .irt> "7 b ,. O e1R, . $ 'i. �A� �Aa z W +tip h jr X +"� ' -e '-.., :.w •" a6-ep. h_. ••c Utz` 'C2.AlA\ W 't%;., ex l 1/4 lea �\ Zfl* t EOAZ\• 'a -,„„),„ AB.n n',.*. 't00%. .• WXON . \\�Q e.Q. l.-P \-t.,.."-a.\\*.. ...>\44\. .5.QEA" J'.,o. '.a 4atiVAh‘.Wba,\ 4.��.Ze.‘ 2\ontiw•@\,nQ. ....'F\w.•4 aNO •11*Z . .t\ t.\-- ,,N-S, zsa•L rec.( ar.; ah �Q•e.0>SZ gat'S3 0 A� • •S\ I1 .\ E\ c `^L %, . . 1 _ v� Ay w �I nof 2... c u' , o.'?K\ `Zc\\\\ *I s a _, 7.,-,i, a . DEPARTMENT OF PLANNING SERVICES `yh not[ PHONE (3031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 COLORADO February 28, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Recorded Exemption #378 Dear Commissioners: The attached application, plat and related items are in reference to a request for a recorded exemption by Ms. Esther Hergenreder. The pro- perty is described as Pt . SE* and EISW* Section 19, T5N, R64W of the 6th P.M. , Weld County, Colorado. The property is located 1-1/2 miles west of the Town of Kersey, between County Roads 54 and 54-1/4. The property contains approximately 20 acres of Class IV and VI non-irrigated soils. The request is to split the property into parcels of approxi- mately 5. 0 and 15.0 acres. On January 15, 1979, the Board of County Commissioners approved a re- quest by Ms. Hergenreder for a lot size variance so that she could make application for this recorded exemption. At the time they made the decision on that request, the Department of Planning Services Staff sub- mitted a letter of recommendation to the Board. A copy of that letter of recommendation is included in the attached packet. Nothing has been received by our office that would change our recommenda- tion of approval for this request as outlined in the letter to the Board of County Commissioners dated January 10,1979. This request complies with the provisions of Section 9-4A. of the Weld Count Subdivision Regulations. Re ect lly, homas E. Honn Zoning Administrator VT/csd I ()LIGATION FOR RECORDED EXEM TION PHONE : 356-4000 Ext. 404 Department of Planning Services , 915 10th Street, Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : /1 CASE NO . RE 3-1$ APPL ., FEE 7 2 c ZONING DISTRICT flgrcrl,4,,fi ' t RECORDING FEE e'° 4V.3/ DATE 'a- 5 -l9 RECEIPT NO . /0/74/ APPL . CHECKED BY .PAS TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures ): I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : "See attached legal description" • ACREAGE: Lot "A" 5.000 ; Lot " B" 15.003 ; Total 20.003 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X Are there any existing improvements on Lot A? Yes X No Lot B? Yes No X FEE OWNERS OF PROPERTY: Name: Esther Hergenreder Address 24576 W.Co.Rd.54a Phone 356-4000ext.31 Name: Address Greeley, CO 80631 Phone Name : Address Phone WATER SOURCE FOR: Lot "A" Central Weld ; Lot "B" Central Weld TYPE OF SEWER FOR: Lot "A" Septic ; Lot "B" Septic . PROPOSED USE FOR: Lot "A" Residential ; Lot "B", Residential I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO) Signatu e : Owner or Aut rized Agent Subs AN Sy sworn to before me this 30thday of January , 19 79• . .. O q !;•FTm rta , = (,1�i•+-��ali t ch N�t.-� �,. o Notary ublic -7).:..v101 \ / 0 P • °F GOO)... ........ P May 3, 1981 My Commission expires : r. afar . }:,+'� � -. \ a ,h' :�a�ry l ue..;UL Al, � a^ f .ta „fir 1 r i 'd_ ` .rig iR$ fit' : 't%, : , ,z.„.. ‘:%, s ..stsil:: ,„',.,,s'-‘1 ' ' —tIFIS84:, s = f � ,,,;;;/it xV ^G' 1{^' '4: .'�' u^TT!. •i 1a. { :. .��- as ^ "- :1,1c-t' r gg a a \ w t - "_ - � wy r r . ex 6 � � t ` . ,. 'I!"f"au"'i. it Fes&'_r:.:: r ,4Y-s.�, r ax -.� .; ""c."'r'a®n"•+1 ' ....... -� :,.v.� • •i # it :;Y:i,j' ,p4 : ,:,, ,s4 :,..„,,,,': ,-s''i 1.m x+ $kx x �, #, t ir; 3 �.. .� FirP ea.� a 3 E p " $� x A � .: aC ti .. •9Y`Ale ; .,7,7„7,8 te '" F �, {^ - # - •`y�,� - Iry�p ., �' t.c.t;T Tf " f _. .,N 1..,.,.a„. _ .IA rz _ 4.L.. x "= I * a ti a. 1 �i.-'4;T :yy 7 itiVgie . .�.__..._..n, W __ . -..� - � ,a.�,R, _. � .'tom w � $ ` a „._ ., r a by the Geolpgi r ` '' :the Interior pm aM Ii ,i. n issouri River�a�{r1 I USC&GS41 'y . DEPARTMENT OF PLANNING SERVICE PHONE (3031 356-4000 EXT.41 915 10TH STREI GREELEY.COLORADO 806.ri Da • COLORADO January 10, 1979 Ow°fri ' J Board of County Commissioners Weld County; Colorado - 915 10th Street Greeley, CO 80631 RE: Lot Size Variance #80 Dear Commissioners: The attached letter and related materials are in reference to a request for a lot size variance from Esther Hergenreder. The parcel of land is described as Pt. SE* and EISW} Section 19, T5N, R64W of the 6th P. M. , Weld County, Colorado. This property is located 1-1/2 miles west of the Town of Kersey and between County Roads 54 and 54-1/4. The property contains approximately 20 acres of Class IV and VI non-irrigated soils. The request is to obtain a variance from the minimum lot size require- ment , Section 9=4 A. (6) so that she may make application to apply for a recorded exemption. If this lot size variance is granted, Mrs. Hergenreder will proceed with her application for a recorded exemption to divide the property into two parcels. One parcel will contain 15 acres which will be retained by Mrs. Hergenreder as a future home site. The second parcel which will be sold is approximately 5 acres in size and contains a single family dwelling. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends this request be approved for the following reasons: 1. The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses, resi- dential development will be encouraged to locate adjacent to exist- ing towns and in accordance with the comprehensive plans and stated wishes of each community. The parcel of land is located within 1-1/2 miles of the Town of Kersey and is just outside the comprehen- sive plan of Kersey. The Town of Kersey Town Board has no objections to this request. S( n n Board of County Commissioners Page 2 January 10, 1979 2. The request is in compliance with the agricultural policies of the Weld County Comprehensive Plan in that developments that utilize non-productive agricultural land will be encouraged. Soils on this parcel are Class IV and VI non-irrigated soils and have a low utility for agricultural production. The size, shape and physical layout of the parcel diminishes the efficiency of agricultural operations on the parcel. 3. For the reasons discussed above, the request is in compliance with the intent clause of the recorded exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states: "The intent in establishing the recorded exemption procedure is to provide a means whereby non-productive agricultural lands may be developed for higher- and-more productive- uses insofar as such uses are compatible with surrounding agri- cultural uses in areas where land divisions are proposed (Rev. 4-17-74) . " The residential use of this parcel is in compliance with the intent clause of the recorded exemption procedure because said parcel con- tains non-productive agricultural lands located adjacent to an existing town. The residential use would appear to be compatible with the surrounding agricultural uses. 4. The request complies with Section 9-4 A. (6) of the Weld County Sub- division Regulations because in the opinion of the Department of Planning Services Staff, the applicant has shown good cause for the variance. Respectfully, / ` L.li ,f 4/14 Thomas E. onn Zoning Administrator VT/csd ESTHER HERGENREDER 24576 Weld County Road 54k Greeley, Colorado 80631 December 1, 1978 Planning Department Weld County Weld County Centennial Building Greeley, Colorado 80631 Gentlemen: • I am the owner of Parcel "B" on that certain Minor Sub- division Plat No. 0963-19-4-NS11, recorded November 27, 1972 in Book 680 under Reception No. 1602486 and in Book 14 of Maps at 35, Weld County Records. My husband, is now deceased, and I acquired title to this deed in December who by tdeedd to this ve letter. deed epis A copy husband' s interest s is Property passed to me at his dat I am now s in the s owner, death and I am the sole The parcel which I own is improved with a substantial residence which I would like to sell, together with appro- ximately five of the twenty acres in the would leave a 15-acre PPro- parcel remaining. pOnrche. That parcel I may wish to construct another dwellingg at tmsomeng future date. Water is available to serve some would retain as indicated by the letter from ethe rWater District which is attached. I have also attached a sketch drawing to indicate how the parcel I own would be divided if I am permitted to do so. Mr. Bonn, of the Planning Department, advises me that I must obtain a "lot size variance" from the Board of County Commissioners and then resubmit the matter with a request for a recorded exemption. Accordingly, I hereby request a "lot size variance" for the parcel that would remain. As grounds for this request I would like to advise you that the property in question is close to the Town of Kersey and g close to the plan for the Town of Kersey although not in it. The parcel is also not very suitable for farming because of its irregular shape. The parcel is between two county roads and has a width of 277 feet on the West side, and 730 feet /\ Planning Department Page 2 December 1, 1978 on the East side. The property is bounded on two sides by county roads and on the North side of the Northerly county road by the Latham Ditch and the Union Pacific Railroad. Given that this property is not suitable for farming or other compatible agricultural uses, I hereby request that you grant the "lot size variance". I will be happy to supplement this letter with any additional information you may require. Very truly yours, Esther Hergenred Enclosures ,23456, S�o Ate Dec �o 19 1 eiv -weir oty 6 y r • FIELD CHECK FILING NUMBER: LSV iko DATE OF INSPECTION: tic-11c NAME:NAME: Ls}tier eri►en r tale r REQUEST: Ln4 Si"ftV4cj ar.io LEGAL DESCRIPTION: 94 S£44 t F,� SWy Sec .1R, TS PIS R(O4 W. LAND USE: N 41/45T-crikA{tist. E fItfri[�14-..k F S f�a`�oy i`r•A khat- W %( Wu re . JJ ZONING: N Pr sr. cu, 4‘ ists LOCATION: t-S n.t/Ls LA--)a-t- et E Prof Let_ se� S {�JQritx�{�.rc am sib w ce.2d_ S`f k1 w Pt esyru,,(tA.re. COMMENTS: c c�- tits ivy,I>teerhen-6 �. 4or ow 4k, Frxei 4O las So Id . -4,-curt_runt_ are_ r„w i PM arts n Thfair eATJ t o c A tJ.,. 4-L S &crt_ parr t t . s' _ Progor is 1 ^ r&}urnt rSs. err is &n Acts 41 Q c c P_Sc -k-o -4 a.. �t,r� QCx e. yet rcd - c Yin acre I. 4o k l 15 &cn pa reek. pn-neo \pnt nA A nrh ©r. Vtr,rit,. is ('n R&. S`ik avA rr. ar,&#L is C'tr QL Sy. BY: V(ckie- Tcc�Y�er 4 r LEGAL DESCRJLTIONS=T CASE NO. LSl' fc 72-) r. - 1 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON— IRRIGATED 1/9A/'. / c IN— /- 77- -77/ _ -/L_• r /;'-;r C, _1!G f J f 7- • S CENTRAL WELD COUNTY WATER DISTRICT 105 18TH STREET DALE D. OLHAUSEN PHONE (303) 352.1284 GREELEY. COLORADO 80631 �...1.i�..i. www.ou November 30, 1978 Esther Hergenreder 24576 Weld County Road 54% Greeley, Colorado 80631 • RE: Water Service Dear Mrs. Hergenreder: This letter is in response to your request for the availability of additional water service for the following described property: SEE ATTACHED LEGAL DESCRIPTION Water service is presently available to the above described property by tap number 1002 . Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be con- sumated within one year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, . CENTRAL WELD COUNTY WATER DISTRICT 41-4- (1) t D. 0 Manager DDO/sb • 44 • l'1 r'1 • Weld County Health BOARD ?OFC HEALTH ea Department WAND WE LICK. DOS Greeley FRANKLIN D YODER, MD, MPH WILLIAM BACK, Roggen Dlmola 1516 MDSPITAL ROAD DORIS DEFFKE. Greeley GREELEY, COLORADO 80631 A M DOMINGUEZ. .P.. J.O . G•eeey 130313530'.>•0 ANNETTE M. LOPEZ. Greeley FRANK MYERS. M.P.H.. Windsor HERSCHEL FIELPS. S. M.D.. Greeley KATHLEEN SHAUGHNESSY. PIN. Ait ARTHUR G.WATSON.Rellevllle December 14, 1978 Chuck Cunliffe • Planning Services 915 10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The Lot Size Variance requested by Esther Hergenreder, has been reviewed by Environmental Health staff and no apparent conflict with health regulations is indicated. Sincerely, Pn G. Hall ,, M. .H. , Director Environmental Health Services JGH:dr • • EC eg1B N CV REGE��_Ts �� r ' TOWN OF KERSEY P. O. BOX 87 HERSEY. COLORADO soma non 858.1881 December 20, 1978 Mr. Chuck Cunliffe Department of Planning Services Weld County 915 10th Street Greeley, Colorado 80631 Re: Esther Hergenreder Application for lot size variance Dear Chuck: The Board has asked me to inform you that at this time we have no objections to Mrs. Hergenreder selling 5 acres of her property. They do, however, have certain reservations about the mentioned- development of the .remaining acres. I understand that this issue will not come up until a later date, so we will wait to hear from you. Very J truly yours, ^(` y v I /'j�• ��I�r4l � Lanell J. Swanson h. 4cf Town Clerk DFC197B rn FCE/ ra ty4 F144 C 6• % ell s9SV£G7 . 1iiE.flORt fDUii1 )ff]D�e To Planning Commission Dete December 19, 1978 COLORADO rrom1" Gilman E. Olson. Utility/Subdivision Administrator Subject: Esther Hergenreder (L.S.V.) There are no engineering problems anticipated by this request. Any new access neeedss to have prior approval . egiSfes_ac._ "eatecc, Gilman t Olson -- Utilaity/Subdivsion Administrator = `'! (.e 4 `\ GEO:sar DEC1978 F RECEIVED =i *al tutu Planning Cc:Rd:sim G� �t .". .� j 4 J 'J f d AFC tie 4 _` ORDINGMAPS & PLAT Recorded Exemption #0963-12:2:201_____________________ 0963-19=3' 378 — —'' NAME OF SUBDIVISION Quarter (Si)E Esther Her enreder��e Southeast 4 ' SUBDIVIDER the u est Quarter � � West of th_�thP-_M= C°untY of iC NAME OF Part of 5 North Ra ne 6 giro. 79, Township °r ° 1"183496 LD�ATION OF SUBDIVISION MA 5 1 BOOK 861 RECEPTION # DATE OF RECORDINf, MARY ANN FEUERSTEIN WELD COU TY CLERK AND RECORDER B . CLERK & RECORDER DEPUTY COUNTY , Hello