HomeMy WebLinkAbout790828.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 382 - MR. AND MRS. CARL
REHFELD.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, it has been determined by the Board of County
Commissioners of Weld County, Colorado at a public hearing held
on the 7th day of March, 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. 382, being the property of
Mr. and Mrs. Carl Rehfeld, described as part of the Southwest
Quarter of Section 16, Township 6 North, Range 64 West of the 6th
P.M. , Weld County, Colorado, being more particularly described as
follows :
Part of the Southwest Quarter of Section 16, Township
6 North, Range 64 West of the 6th P.M. , County of Weld,
State of Colorado being more particularly described as
follows:
Beginning at the Southwest Corner of said Section 16,
and considering the South line of said Section 16 as
bearing South 89°40'48" East, with all other bearings
contained herein relative thereto;
Thence South 89°40'48" Fast, along said South line, 1324.20
feet to the Point of Beginning; thence North 12°06'58"
West, 1113.75 feet; thence North 08°48'32" East, 206.70
feet; thence North 12°33'12" Fast, 155.00 feet; thence
North 15°22'27" Fast, 46.21 feet; thence North 89°10'59"
Fast, 234.00 feet; thence North 21°11'31" Fast, 1213.80
feet; thence North 89°58'04" Fast, 800.24 feet; thence
South 00°10'22" West, 2660.36 feet to a point on the
South line of said Section 16; thence North 89°40'48"
West, along said South line, 1306.67 feet to the True
Point of Beginning;
Said described parcel of land contains 77.045 acres,
more or less, including a strip of ground 40 feet in
width along the South line of said described parcel,
reserved for County Road right-of-way purposes and
is subject to any rights-of-way or other casements as
recorded by instruments of record or as now 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
� )
°- 790828
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board desires to exempt this particular divisicn 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 Mr. and Mrs. Carl Rehfeld be, and hereby
is, exempt from the definition of the terms "subdivision" and
"subdivided 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 7th day of
March, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: '1Y2l vn ✓" a - m�
Weld County Clerk and Recorder
and,CJ<`erk to the Boar
I �y fo rkf
ut oursunt C erk
APPRO D AS TO FORM:
County Attorney
DATE PRESENTED: MARCH 12, 1979
If'ECO.PDED EXEMPT/ON N° 0801 - 16 -. RE 382
LEGAL DESCRIPTION
Part of the Southwest Quarter (SW ) of Section 16, Township 6 North, Range 64 West of
the 6th P.M. , County of Weld, State of Colorado being more particularly described as
follows :
Beginning at theSouthwest Corner (SW Cor) of said Section 16, and considering the South
line of said Section 16 as bearing South 89°40'48" East, with all other bearings con-
tained herein relative thereto;
Thence South 89° 40'48" East, along said South lien, 1324. 20 feet to the Point of Beginning;
Thence North 12° 06' 58" West, 1113.75 feet;
Thence North 08° 48' 32" East, 206. 70 feet; A &1 Oil
Thence North 12° 33' 12" East, 155.00 feet; G/ 0 aThence North 15° 22' 27" East, 46. 21 feet; 17 i
Thence North 89° 10' 59" East, 234.00 feet; y f
9
Thence North 21° 11 ' 31 " East, 1213.80 feet;
Thence North 89° 58' 04" East, 800. 24 feet;
Thence South 00° 10'22" West, 2660. 36 feet to a point on the south line of said Section 16;
Thence North 89° 40'48" West, along said south line, 1306. 67 feet to the True Point of
Beginning;
Said described parcel of land contains 77.045 acres , more or less , including a strip of
ground 40 feet in width along the south line of said described parcel , reserved for
County Road right-of-way purposes and is subject to any rights-of-way or other ease-
ments as recorded by instruments of record or as now existing on said described parcel
of land.
SURVEYOR' S CERTIFICATE
I hereby certify that this plat was prepared under my supervision; and that the'samet% <' s,
is correct to the best of my knowledge and belief. --+ G•
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rr'C.t..�it �‹ .�1� r
JASPER FR ESE \ 1`, °, r •
or
Colorado ,E. & L.S. No. 43921 ;ri?NF 4::^,°- ', "'
PROPERTY OWNER 'S APPROVAL
We, Carl E. Rehfeld and Sue M. Rehfe]]d,,l- -ig the sole owners in fee of the above
described property do hereby subd idRNbhec/ h1K as shown on the attached map.
/E
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TO- 1.7_,a_ APP O 1 A �l /6��, ,/ i
arl Rehfeld o' �/ Sue• M. Rehfeld
The foregoing certification was acknowledged before me this /2- t7745 day ofaL. A.D. ,1979
Witness my hand and seal .
2t�s./, // R 1
ns —7�
My Commission /78/ \-‘01,-,v2-,-,••••
�tt1`\�c1v_-� :. (zitAig__44.4”._-\-4. tit
- .
Notary Public
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and approved for filing.
CHAIRMAN
Board of County Commissioners
„it,
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ATTEST: Count Clerk �'ti.•.�C.U;. a,tFt.yA/
t. 1,t-,,,, t
S (7) A• 1-" , (C.----• ts 7
Dated ( j. ( 1. - 7 7
."eese Cp.z'eerz'y 79-sa
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' AECO. 2.040 flE/+/PT/ON 4/2 0801 - 16 -3 RE 382
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tor;4 ' /. 7a7."Peres I'V
rinc/ 0.3a7r Acre-A.a/A?a.-.) 00
LOT 8' 7S: ezgt Faeces �\b
(7...„/0.993 r,Oc<r-Ana,.7?44) \
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Ho wards \ 10 SUE M. .PENFEW
` take 33974 WELD Do.,PS.s3
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•
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
March 7, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #382
Dear Commissioners:
The attached letter and related materials are in reference to a re-
quest for a recorded exemption by Mr. and Mrs. Carl Rehfeld. The
property is described as Pt. SW* Section 16, T6N, R64W of the 6th
P. M. , Weld County, Colorado. This property is located 3-1/2 miles
west of Barnesville. The property contains approximately 77 acres
of Class III and IV irrigated soils. The request is to split the
property into parcels of approximately 1. 8 acres and 75. 3 acres.
On January 29, 1979, the Board of County Commissioners approved a
request by Mr. and Mrs. Carl Rehfeld for a lot size variance so that
they could make application for this recorded exemption. At the time
they made the decision on that request , the Department of Planning
Services Staff submitted a letter of recommendation for denial to the
Board. A copy of the letter for denial is included in the attached
packet . Nothing has been received by our office that would change
our recommendation for denial forthis request as outlined in the
letter to the Board of County Commissioners dated January 29, 1979.
The additional right-of-way reservation of 10 feet has been shown on
the p1 s reque d by the State Department of Highways.
Reeptect lly,
st
omas E. onn
Zoning Administrator
VT/csd
ArrLILATION FOR RECORDED EXEhrfIu,
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . Rt k392. APPL . FEE 15.00
ZONING DISTRICT A RECORDING FEE 1.Oc2 ( 036
DATE t_—Ilo—lci RECEIPT NO . lookOdl
APPL . CHECKED BY VE-
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" 1 .767 ; Lot " B" 75.278 ; Total 77.045
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 : ram E & Sue M. Rehfeld Address 33976 Weld Cn.Rd53 Phone 3c6_1702
Name : Address Gill . CO 80624 Phone
Name : Address Phone
WATER SOURCE FOR : Lot "A" North Weld Water Di%t Lot " B" N. Weld Water District
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" None
PROPOSED USE FOR : Lot "A" Residential ; Lot " B" Agricultural
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 .
.rneloce
COUNTY OF WELD )STATE OF COLORADO ) '`&IP Z. nn
C�K
Signature : Owner Authorized Agent
ctItkli ? sworn to before me this 12th day of February , 19 79
• ? 70 ‘fiat
LiAtAEAL
of^.,(/ Q L �••'p" Notary Pu lic
Or GO\-'
May 3, 1981
My Commission expires :
1
February 15, 1979
Weld County Commissioners
915 10th Street
Greeley, CO 8O631
Dear Commissioners :
We have two pieces of proerty in Section 16, TA 6 North, Range 64.
We live on 10 acres in the NW 4 and have 77.045 acres in the SW 4. The
77 acres includes an old homestead for which we have no use. On January
29, 1979 we appeared before you and you approved a lot size variance as
the first step which would allow us to divide the 77 acres into home-
stead and farm land. After a survey of a logical division the homestead
portion consists of 1.767 acres and the farm lend consists of 75.278
acres . We are now applying to you for a recorded exemption which would
allow us to sell the house and the 1.767 acres.
Our major reason for making this application is that we want to keep
the. farm but we do not want the responsibility for the homestead. We
purchased this property in April 1977 and spent over 45,000.00 on the
house to make it habitable. We would have to spend more on the house and
lot if we rented it but whatever we do spend for impmnvements on that
property we would much rather invest in the land for leveling, soil im-
provement, fencing and planting of trees .
We hope that you will approve our application for a recorded
exemption. We are confident that this step will result in definite
improvements for both the farm land and the homestead .
We thank you for your consider"ati®n.
Sincerely yours, ,,
Sue M. Rehfeld Carl E. Rehfeld.
33976 Y;eld. Ca) Ed 53
Gill , CO 80624
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 3564000 EXT.404
915 10TH STREET
_ GREELEY,COLORADO 80631
1iJU %.
COLORADO
January 29, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE : Lot Size Variance #81
Dear Commissioners:
The attached letter and related materials are in reference to a lot
size variance from Carl Rehfeld. The parcel of land is described as
Pt . SW} Section 16, T6N, R64W of the 6th P. M. , Weld County, Colorado.
This property is located 3-1/2 miles west of Barnesville. The property
contains approximately 77 acres of Class III and IV irrigated soils.
The request is to obtain a variance from the minimum lot size require-
ment, Section 9-4 A. (6) , so that he may make application to apply for
a recorded exemption. Section 9-4 A. (6) of the Weld County Subdivision
Regulations states:
"The original tract or parcel of land to be divided under this
Section meets the minimum lot size requirements established by
the Weld County Zoning Resolution; variance from this require-
ment being allowed only upon good cause being shown to the
Board of County Commissioners or where said tract or parcel of
land lies within the comprehensive plan area of an existing in-
corporated town of Weld County. (Rev. 4/17/74) . "
If the lot size variance is granted, Mr. Rehfeld will proceed with an
application for a recorded exemption to divide the property into two
• parcels. Mr. Rehfeld desires to sell 1.6 acres more or less (which
will include an existing residence and other improvements) for financial
€ reasons to pay past hospital expenses.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends this re-
quest be denied for the following reasons:
Board of County Commissioners
Page 2
January 29, 1979
1 . The proposed request does not comply with the Weld County Com-
prehensive Plan in that it would promote non-agricultural use of
agricultural land and it would encourage urban encroachment on
rural land use by allowing a building permit on the remaining 75.4
acres.
2 . This request is not in conformance with the intent clause of the
Agricultural Zone District (Section 3. 3 A. of the Weld County
Zoning Resolution) which states:
"Intent - The intent in establishing the A-Agricultural
Zone District is to allow all agricultural related use
in those areas in which agriculture is and should bon-
tinue to be the predominant land use. This district is
intended to discourage encroachment of imcompatible uses
upon the agricultural land in a district , to encourage
agricultural uses as the highest and best use of the
land in the district as compared with other uses in con-
flict therewith, and to provide for the orderly expansion
of urban growth in conformance with the. Weld County Com-
prehensive Plan. "
This request would not be encouraging agricultural uses as the
highest and best uses, it would not be providing for the orderly
expansion of urban growth, and it would be promoting the division
of agricultural land into smaller, less economic parcel sizes.
3. This request is not in compliance with the intent clause of the
recorded exemption procedure (Section 9-2 of the Weld County Sub-
division Regulations) . Said clause states: .
"The intent in establishing the recorded exemption pro
cedure is to provide, in accordance with the Weld County
Comprehensive Plan, a means whereby nonproductive agri-
cultural lands may be developed for higher and more pro-
ductive uses insofar as such uses are compatible with
surrounding agricultural uses in areas where such land
divisions are proposes. (Revised 4-17-74) . "
The proposed 1. 6 acre parcel has one set of improvments. If this
request is approved, it would allow a set of improvements to be
built on the 75. 4 acre parcel , and therefore, create an urban en-
croachment which would be noncompatible with the Agricultural Zone
District.
4. The minimum lot size in the Agricultural Zone District for irrigated
parcels is 80 acres. The intent is to maintain tracts which are
large enough for farm purposes, and to sist on the encouragement
of agricultural uses as the highest and best use of the land. This
request is in violation of that intent.
V
Board of County Commissioners
Page 3
January 29, 1979
The Department of Planning Services Staff concurs that a financial
hardship exists. However, it is unproven that the granting of this
reque will relieve the present financial burdens. .
R=sne.bfully,un,
Thomas E. Honn
Zoning Administrator
VT/csd
I
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LEGAL DESCRIPTION
Part of the Southwest Quarter (SW',) of Section 16, Township 6 North , Range 64
West of the 6th P.M. , County of Weld , State of Colorado, being more particularly
described as follows :
Beginning at the South Quarter Corner (S', Cor ) of said Section 16, and consid-
ering the South line of said Southwest Quarter (SW'„) as bearing North 89`40' 48"
West, with all other bearings contained herein relative thereto;
Thence North 89° 40' 48" West, along said South line, 440. 00 feet to the True Point
of Beginning;
Thence continuing North 89 40' 48" West, along said South line, 334. 70 feet;
Thence North 00° 19' 12" East, 230.00 feet;
Thence South 89° 40'48" East, 334. 70 feet;
Thence South 00° 19' 12" West, 230.00 feet to a point on the South line of said
SW', of Section 16, said point being the True Point of Beginning .
Said described parcel of land contains 1 . 767 acres , more or less , including a
strip of ground 40 feet in width along the south line of said described parcel
of land reserved for County Road right-of-way purnoses 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 I have prepared this legal description.
February 9, 1979 JASitR 4ft-SE
Project No.. 1979-54-A . Colorado P. E. & L. S. No. 4392
STATE DEPARTMENT OF HIGHWAYS Weld County
SH 392
JACK KINSTLINGER .'o;_� EXECUTIVE DIRECTOR Rehfeld Lot Size
-\--11 Variance
DISTRICT 4
DIVISION OF HIGHWAYS DWIGHT M. BOWER
E. N. ENGI a .�
DISTRICT ENGINEER
CHIEF ENGINEER
STATE OF COLORADO 3.5 Mi. W. of
P.O. BOX 850-1420 - 2ND ST. • GREELEY. COLORADO 80631 • (303) 353.1232 Barnesville on
N. Side of 392
January 15, 1979
DOH FILE.45100
Mr. Chuck Cunliffe
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
We have reviewed the Carl Rehfeld application for a Lot Size Variance,
and we ask for your consideration of the following comments.
1 . The existing right of way on State Highway 392 is 60 feet, approximately
30 feet each side of the centerline. We ask that an additional ten feet
be
protected nn the nort the
existing
nob;
local zoning—law t
setback, or dedication (preferably Tne tatter r as
regulations permit.
2. We also have some concern with regard to the potential demand for additional
access to S.H. 392. Approval of this variance could lead to development
which would involve new driveways onto the highway. We prefer that alterna-
tives to direct highway access be found since additional access points
are a source of conflicts for through traffic.
Thank you for the opportunity to review this application.
Very truly yours ,
DWIGHT M. BOWER
DISTRICT ENGINEER
�,
Albert Cot-Vacs
Assistant District Engineer
AC: da
cc: D. M. Bower
D. N. Fraser (2)
���Q�316/11771Bjo-. File: Crier-Jacobson via Rames-Finch-Graham
�;�
•- JAN 1979
o RECEIVED !
co Well Canty 7
r POneieg Commisslu y'j
SF?__Lf14 °6t�ti�, ..
1aEf 2 tO '= fl-1
A iiiiii To Planning Commission Date anuary 17 , 1979
COLORADO From Gilman E. Olson, Utility/Subdivision Administrator
Subject: Carl Rehfeld (L.S.V.)
There are no engineering problems anticipated by this request.ri
Gilman E. Olson -
Utility-Subdivision Administrator
GEO:sar
,,s,,R15161)5�9
c JAN
o, F? ,.
op geld Cnua EO (#4:5-7Plaea1el tassissi ��y et s�F�l t£BEO-1\ru
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•
YIELD CHECK
FILING NUMBER:
LSV-81 DATE OF INSPECTION: 1-12-79
NAME: Carl Rehfeld
REQUEST: Lot Size Variance
LEGAL DESCRIPTION: Pt. Swa Section 16 , T6N, R64W
LAND USE: N Agricultural
E Agricultural
S Agricultural
Agricultural
ZONING: N Agricultural
LOCATION: 3-1/2 miles west of E Agricultural
Barnesville S Agricultural
w Agricultural
COMMENTS:
There is one set of improvements including a residence and outbuildings
located on the parcel. All accesses appear to be existing onto Highway
392. The property appears to be irrigated farmland (corn) .
y�y
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BY: .
•
•
• jy/ / / /�{/ /I L BOARD OF HEALTH
Weld ounty Health ea{th Deportment DAVID WEPKING DC'S Gee'eY
c;.L.YrN D VC✓R MC MPH WILLIAM BLIP'.. Roq;en
D,,ect0' 151E HOSPITAL ROAD DORIS DEEEKE Gee.ry
GREELEY. COLORADO 80631 A M DOMINGUEZ. .P J .. Greeey
ANNETTE M LOPEZ. Greeley
(303)3`_3-0540 F RANK MYERS, M Windsor
HERSCHEL PHELPS. .F.. M.D..
Greeley
KATHLEEN SHAUGHNESSY. PIN, AM
ARTHUR G WATSON. P.alleville
January 11 , 1979
•
Chuck Cunliffe
Planning Services
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Lot Size Variance requested by Carl Rehfeld, located in
the SWq, Section 16, Township 6 North, Range 64 West, has
been reviewed by environmental health staff and no apparent
conflict with health regulations is indicated.
Sincerely,
•
dOg
J 'n G. Hall , M.P.H. , Director
Environmental Health Services
•
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•
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BOARD OF DIRECTORS S.L�e
ENNEST TIGCEs i` NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE HIGHWAY 85 LUCERNE. COLORADO 80646
♦
GARY SIMPSON LYLE NELSON. MGR.
TOM REED '
P O. BOX 56 • PHONE 9569030
December 12, 1978
TO WHOM IT MAY CONCERN:
RE: Water Service
Dear Gentlemen:
This letter is in response to your inquiry regarding water
service to the following described property :
•
Pt . SW} Section 16, Township 6NOrth,
Range 64 West of 6th P.M. , Weld County,
Colorado. -
Owner: Carl Rehfeld
1 . X Water service is presently being provided to the
above described property .
Additional\
2. X Water service can be made available to the above
described property provided all requirements of
the District are satisfied .
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter, this
letter shall become null and void.
Additional comments:
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
-61
Lyle, D. Nelson, Manager
LDN/rMc
""_ EGAL DESCRIPP'`0°-qtr (Q 4
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RECORDING DATA — MAPS b PLA1 _
NAME OF SUBDIVISION
Recorded Exemption #0801-16-3 RE 38� __, — —
NAME OF SUBDIVIDER Carl E. & Sue M. Rehfeld ----
Weld County, Colorado
Pt SW4 516, T6N, R64W of the 6th P.M. , Weld ___
784382
DATE OF RECORDING CATION OF SUBDIVISION 862RECEPT ION # 1RECORDINGMAR 141979 BOOK
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
E:
DEPUTY
C IINTY CLERK & RFCOROE
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