HomeMy WebLinkAbout790795.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 415 - EMANUEL AND
KATHERINE ZOLLER.
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 Com-
missioners of Weld County, Colorado, at a public hearing held
on the 19th day of September, 1979 in the Chambers of the Board
of County Commissioners of Weld County, Colorado, that the divi-
sion into two parcels of land, as shown on the plat known as
Recorded Exemption No. 415, being the property of Emanuel and
Katherine Zoller, described as the Southwest Quarter of Section
16, Township 4 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows:
LOT A
All that portion of the Southwest Quarter of
Section 16, Township 4 North, Range 68 West
of the Sixth Principal Meridian, County of
Weld, State of Colorado, more particularly
described as follows:
Beginning at the Southeast corner of the West
half of said Southwest Quarter; thence along
the East line of said West half of the South-
west Quarter North 00°02 ' 44" East 363 .00 feet;
thence parallel with the South line of said
Southwest Quarter South 89°20 ' 33" West 300 . 00
feet; thence parallel with said East line of
the West half of the Southwest Quarter South
00°02 ' 44 " West 363.00 feet to said South line
of the Southwest Quarter; thence along said
South line North 89°20 ' 33" East 300 .00 feet
to the point of beginning.
Said lot contains 2 . 5 acres , more or less,
and is subject to the existing highway right-
of-way along the South line thereof and all
other easements and rights-of-way now existing
or of record.
LOT B
All of the Southwest Quarter of Section 16,
Township 4 North, Range 68 West of the Sixth
Principal Meridian, County of Weld, State of
Colorado, except the following described lot:
Beginning at the Southeast corner of the West
half of said Southwest Quarter; thence along
790795
the East line of said West half of the South-
west Quarter North 00°02 ' 44" East 363 .00 feet;
thence parallel with the South line of said
Southwest Quarter South 89°20 ' 33" West 300 .00
feet; thence parallel with said East line of
the West half of the Southwest Quarter South
00°02 ' 44 " West 363.00 feet to said South line
of the Southwest Quarter; thence along said
South line North 89°20 ' 33" East 300 .00 feet
to the point of beginning.
Said lot is subject to the existing County
road right-of-way along the West line thereof,
the existing highway right-of-way along the
South line thereof, and is subject to all
other easements and rights-of-way now existing
or of record.
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 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-lA(3) of the Weld County Subdi-
vision 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 Emanuel and Katherine Zoller 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 19th day of
September, A.D. , 1979 .
X71 BOARD OF COUNTY COMMISSIONERS
ATTEST: �� i��u} :,,v,.v,.j 4:,;w"v ''.elinJ
�T( LD COUNTY, COLORADO
Weld County Clerk and Recorder tti. Qy` (Aye)
and Clerk to the Boar Norman Carlson, Chairman
d. % e/n� �� ,.—(Aye)
Deputy County rk Lyd• Dunbar
AP ED AS TO /
N/ C. W. Kirby t2f� (Aye)
County Attorney (ABSENT)
ceiard
L. RoeiJ-tt)Li l,frW7dr,L(Aye)
K. S£e nmark
DATE PRESENTED: SEPTEMBER 24 , 1979
. 4'!*
Ateco r d ad E x e mption No.
1061-16-3- RE4I5
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/ I� �� ( KRUBACK ENGINEERING•SURVEYING,IBC•
— ____ , . \ I -.--�— � 883 Cleveland Avenue
: (---lI < (, �J v� vJ� ` LOVELAND, COLORADO 80537
` 11( ; .,JI` �� Phone 667.8010
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Recordeo' Excm 'fion No.
I061-16- 3- RE4I5
ci
LOT A - All that portion of the Southwest Quarter of Section 16, Towns "4 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado,
more particularly described as follows:
Beginning at the Southeast corner of the West half of said Southwest Quarter;
thence along the East line of said West half of the Southwest Quarter North
00°02'44" East 363.00 feet; thence parallel with the South line of said Southwest
Quarter South 89°20'33" West 300.00 feet; thence parallel with said East line of
the West half of the Southwest Quarter South 00°02 '44" West 363.00 feet to said
South line of the Southwest Quarter; thence along said South line North 89°20' 33"
East 300.00 feet to the point of beginning.
Said lot contains 2.5 acres, more or less, and is subject to the existing highway
right-of-way along the South line thereof and al-1 other easements and rights-of-
way now existing or of record.
LOT B - All of the Southwest Quarter of Section 16, Township 4 North, Range 68
West of the Sixth Principal Meridian, County of Weld, State of Colorado, except
the following described lot:
Beginning at the Southeast corner of the West half of said Southwest Quarter;
Pthence along the East line of said West half of the Southwest Quarter North
00°02'44" East 363.00 feet; thence parallel with the South line of said Southwest
Quarter South 89°20' 33" West 300.00 feet; thence parallel with said East line of
the West half of the Southwest Quarter South 00°02'44" West 363.00 feet to said
South line of the Southwest Quarter; thence along said South line North 89°20'33"
East 300.00 feet to the point of beginning.
Said lot is subject to the existing County road right-of-way along the West line
thereof, the existing highway right-of-way along the South line thereof, and is
subject to all other easements and rights-of-way now existing or of record.
' We, Katherine M. Zoller and E. E. Zoller , being the sole• (Thane-s in fee
of the above described property do hereby divide the same as shown on the at-
tached map.
(Signature) (Signature)
The foregoing certification was acknowledged before me this -'J . .) ,'(� day of
� 'c,i,'-S i[ ! , A.D. 197/.
My commission expires: t ' ; , C.'
Notary Public Witness my Hand & Seal
I hereby certify that this plat was prepared under my supervision; and that
the same is correct to the best of my knowledge and belief.
Donald Frederick, CO L.S. #11989
The accimpanying plat is accepted and approved for filing.
N.. ,
Chairman 'of'"th2 Board of County Commissioners
1 /Attest: County Clerk and Recorder ' t'xl ;r I?+.,; � �X1F."�7 �' V -
•
Dated - //' 7 '
*rn"., tr a'•,y3M,�w ♦ _ ,lg$,yw4'
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Mrt
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
k
COLORADO
September 19, 1979
Board of County Commissioners
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #415
Dear Commissioners :
The attached application, plat , and related items are in reference
to a request from Emanuel and Katherine Zoller for a recorded
exemption. The parcel of land on which this request has been made
is described as the SW4 Section 16, T4N, R68W of the 6th P. M. ,
Weld County, Colorado. This property is located 2 miles east of
the Larimer/Weld County Line on the north side of Colorado Highway
56. The property contains approximately 160 acres of Class II ir-
rigated soils. The request is to split the property into parcels
of 2. 5 acres and 158. 18 acres.
The Zollers have transferred the 158. 18 acre parcel to thier son.
They have retained the 2. 5 acre parcel on which they wish to construct
a one floor level home. The 2. 5 acre parcel will be sold to their son
on the death of the last member.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be approved for the following reasons :
1. The request is consistent with the intent clause of the Recorded
exemption procedure, the intent clause of the Agricultural Zone
District , and the Weld County Comprehensive Plan in that the use
would be compatible with the surrounding agricultural land uses.
The request will not exceed the residential density which is
currently available to the property because of the minimum lot
size for irrigated property. The request will allow agriculture
and related uses to continue to be the predominant land uses.
•
Board of County Commissioners
Page 2
September 19, 1979
2. The Berthoud Planning Commission has set forth no objections to
this request .
3. The request complies with the provisions of Section 9-4(A) of
the Weld County Subdivision Regulations.
The Zollers should be aware of the Colorado State Department of
Highway ' s recommendations as contained in its letter dated August 27,
1979 regarding access and abatement of highway traffic noise.
Respectfully,
`` '' --
aam.....„
Chuck Cunliffe
Assistant Zoning Administrator
csd
APPLIL..TION FOR RECORDED EXEMPTIL..
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . ' E 4\5 APPL . FEE I J.O'O
ZONING DISTRICT rq \ RECORDING FEE
DATE AUG 8 1979 RECEIPT NO .
APPL . CHECKED BY
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 :
All that portion of the Southwest Quarter of Section 16, Township 4 North, Range 68
West of the Sixth Principal Meridian, County of Weld, State of Colorado, more
particularly described as follows: Beginning at the Southeast corner of the West
half of said Southwest Quarter; thence along the East line of said West half of
the Southwest Quarter North 00°02'44" East 363.00 feet; thence parallel with the
South line of said Southwest Quarter South 89°20'33" West 300.00 feet; thence
parallel with said East line of the West half of the Southwest Quarter South
00°02'44" West 363.00 feet to said South line of the Southwest Quarter; thence
along said South line North 89°20'33" East 300.00 feet to the point of beginning.
Said lot contains 2.5 acres, more or less, and is subject to the existing highway
right-of-way along the South line thereof and all other easements and rights-of-
way now existing or of record.
ACREAGE : Lot "A" 2.5 ; Lot " B" /o-3- %6 ; Total /(, (.S
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No
Are there any existing improvements on Lot A? Yes No
Lot B? Yes y' No
FEE OWNERS OF PROPERTY :
Emanuel E. Zoller, also known Route 1, Box 107A
Name : as E. F. Zoller Address Aerthn„ l Rns� 3Phone 512-1480
Name : Katherine M. Znller Address on
Phone Same
Name : Address Phone
WATER SOURCE FOR : Lot "A" Thnmpsnn Valley ; Lot " B" j/��,� sait ' //A/,/�y
TYPE OF SEWER FOR: Lot "A" on site ; Lot " B" E''& >>�F
PROPOSED USE FOR : Lot "A" Residential ; Lot " B" n,,,, My
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 ) �j ) G
STATE OF COLORADO ) - `� . r
3=
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this 2nd day of July , 1979 .
My Comm. expires: 1/4/80
SEAL (%7
Notary u is
My Commission expires :
•
•
Frank E. Starkey
PRACTICE LIMITED TO ATTORNEY AT LAW
REAL ESTATE
WILLS TRUSTS& PROBATE 102 E.CHARLOTTE STREET P.O. BOX 509
MATTERS JOHNSTOWN,COLORADO 80534 TELEPHONE (303) 587-4181
August 9, 1979
Vickie Traxler
Assistant Zoning Administration
Weld Co. Planning Department
915 10th Street
Greeley, Colorado 80631
Re: Zoller Exemption
Dear Ms. Traxler:
The requested exemption of Emanuel E. and Katherine M. Zoller for a 2.5
acre tract located in Section 16, Township 4 North, Range 68 West of the
6th P. M. in Weld County, Colorado, is based upon the following facts:
Mr. and Mrs. Zoller have owned this quarter section for years and farmed it
as a part of a larger farming operation. In 1978, it was sold to their son,
Ellsworth Zoller, except for this small tract which they reserved for the
construction of a smaller home.
The Zollers are both in their 70s and desire to construct a home that has
only one floor level on this property and it will be sold to their son on
the death of the last member.
The Exemption is requested to qualify the property for building permit for
their new home.
Respectfully,,
FRANK E. STARKEY.
FES:plf
P. S. Enclosed is copy of Weld County Health Department Receipt No. 32302 _
as requested by your department.
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LITTLE THOMPSON VALLEY WATER DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN G. ANDERSON 307 WELCH AVENUE
LOUIS F. REIN DRAWER G
DAVID MCGEE BERTHOUD, COLORADO 80513
E. THOMAS RICORD
CAREY J. SALOMONSON
MANAGER:
LOVILO N. FAGAN
April 23, 1979
To Whom It May Concern
The Little Thompson Water District will provide a domestic water tap to
property owned by E. E. Zoller located in the SW 1/4 of Section 16, T4N, R68West.
The tap will be available upon receipt of the proper fees, and compliance with
the rules and regulations of the District.
Very truly yours:
LITTLE THOMPSON WATER DISTRICT
(rz-;4> 7/ 7r
Lovilo H. Fagan, Manager
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• LEGAL DESCRIPTf)N3n4 Ito-4 - 4,8
CASE NO. R� 415
4or
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
403 /5 .T1
AlB 4Z Ifs 17&
REFERRAL LIST
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APPLICANT E. E. Zolier
H
zCASE # RE-415
REFERRALS SENT OUT ON: August 17, 1979
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z W REFERRALS TO BE RECEIVED BY September 12, 1979
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Z vai z REFERRALS RECEIVED
R AUG 2 7 1q9 County Attorney
e .. x County Health
�� 1 2 1979 County Engineer
J
State Highway Department
AUG 29 1T9 1420 2nd Street
Greeley, CO 80631
Berthoud Planning Commission
aum 3 p )x,;979 c/o Carole Mayo, Town Clerk
X P. O. Box 116
Berthoud, CO 80513
P.C. - 8/23/79
T.B. - 9/11/79
Phone: 532-2643
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FIELD CHC]
FILING NUMBBER: RE 4\5 DATE OF INSPECTION: AUG 20 Ws
NAME: G. rbr Ve1/4AhVvier\14... 2e1kr _
REQUEST: 'Zest's/ _ S w le\0
LEGAL DESCRIPTION : %L1/4) 46 \kb r
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LAND USE: N i''��1(\cu\ Lra
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LOCATION:
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COMMENTS:
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BY:
• 4'
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'g COLORADO STATE DEPARTMENT OF HIGHWAYS
„ : DIVISION OF HIGHWAYS
Weld County
1810 SH 56
August 27, 1979 Zoller Exemption
2 Mi . E. of
Larimer-Weld Count
Line on N. Side
Mr. Chuck Cunliffe of Highway
Department of Planning Services DOH FILE 45100
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
We have reviewed the application from E. E. Zoller for a Recorded Exemption, and
we have the following recommendations.
Access to Lot "A" and Lot "B" is presently available from State Highway 56. We
ask that no additional access to the highway be planned for these lots at this
time.
If a new residential structure is built on Lot "A," consideration should be given
to the abatement of highway traffic noise. A setback of 150 feet from the highway
centerline is normally sufficient to provide adequate residential noise protection.
If this setback cannot be achieved, noise-insulated construction should be provided.
Thank you for the opportunity to review this application.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
Albert Chotvacs
Assistant District Engineer
AC:da
,-,08293031
cc: D. M. Bower h�_ 4 1c-D�
D. N. Fraser (2) R;
File: Crier-Jacobson via ^� AUG 1919 s
Rames-Finch-Graham h RECEIVED ca
w/encl .
i� Ylell County oo
cg' Amin Commissionco
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 4'
RECORDING DATA - MAPS & PIS
NAME OF SUBDIVISION Recordod FYomption 106 1fi3 8E41P.--.-----
NAME OF SUBDIVIDER Katherine M Zoller 8 E E Zoller �-`--- --" County-of Weld
Pt SW4 Sec 16,1. 4 N. , R. 68 W. of the 6th P.M. State of Colored
LOCATION OF SUBDIVISION �..__
SEP 2 51979 BOOK S82RECEPTION N 1804272
DATE OF RECORDING
MARY ANN FEUERSTEIN
NEL OUNTY CLER A D RECORDER
BY:
DEPUTY COUNTY CLERK & RECORDER
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