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Home My WebLink About810613.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 471 - MR. AND MRS. RONALD KRUGER 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 4th day of February, 1981 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 471, being the property of Mr. and Mrs. Ronald Kruger, described as part of the Southwest Quarter of Section 10, Township 6 North, Range 67 West of the 6th P .M. , Weld County, Colorado, being more particularly described as follows , does not come within the purview of the definition of the terms , "subdi- vision" and "subdivided land" , pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended : That portion of the Southwest Quarter of Section 10, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows : Considering the West line of the Southwest Quarter of said Section as bearing North 00°34 ' 51" East and with all bearings con- tained herein relative thereto. BEGINNING at the Southwest corner of said Section; thence along the West line of said Southwest Quarter, North 00°34 ' 51" East 340. 08 feet; thence South 89°57' 34" East 806. 67 feet; thence South 00°34 ' 54" West 339. 54 feet to the South line of said Southwest Quarter; thence along said South line North 89°59 ' 54" West 806 . 67 feet more or less to the point of BEGINNING. The above described parcel is subject to a 30. 00 foot wide reservation for County Road along the Westerly and Southerly sides thereof. The above described parcel contains a gross acreage of 6. 29 acres more or less. ,_,� - "/ I 81061J 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 2-1A (3) of the Weld County Subdivision Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the hereinabove described parcel of land owned by Mr. and Mrs. Ronald Kruger 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 4th day of February, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS ATTEST: � - WELD COUNTY , COLORADO Weld County Clerk and Recorder he� Qa (Aye) and Clerk to the $oard Ccc Carlson, Chairman .. Deputy --? /// ,12�}G' 0 L� ti+tic-�. (Aye) eput County Clerk Norman Carlson, Pro-Tem APROV D AS TO Z11 7< < (7/ (Aye) C. W. Kirby County Attorney ;;r-�“, i, e.7j)(1zi- 6: (Aye) dpin T. MartinC. , J 481'2/4')i%Z (No) une K. teinmark 8.0613 DATE PRESENTED: FEBRUARY 9, 1981 . Recorded Exemption No. 081.. -10 - 3 - RE 471 Owners: Ronald D. Kruger and Charlyne A. Kruger J` Date: 0 R/' '/0 LEGAL DESCRIPTION A . ,,1�l \� That portion of the Southwest Puarter of Section la, Township::6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows Considering the West line of the Southwest Quarter of said Section as bearing North 00°34`51` East and with all bearings contained herein relative thereto BEGINNING at the Southwest corner of said Section; thence along the West line of said Southwest Quarter, North 00°34'51" East 340.08 feet; thence South 89°57'34" East 806.67 feet; thence South 00°34'54" West 339.54 feet to the South line of said Southwest quarter, thence along said South line North 89459'54" West 806.67 feet more or less to the "point''of BEGINNING. The above described parcel is subject to a 30:00 foot wide reservation for County Road along the Westerly and:Southerly sides,thereof The above described parcel contains a gross acreage of:: 6.29 :acres more or less. We, Ronald D. Kruger and Charlyne A, Kruger, being the:::sole=owners in fee of.the::above described parcel do hereby divide the same as shown on the attached map Ronald D. Kruger Q Char A. Kruger The foregoing instrument' was acknowledged before me this day of /V oa , lr, ,/ 1980 My Commission Expires r? 1 917 ff Witness my Hand and S a ` Hoge ::`.:Public pmy supervision: : 19 ,9,-.e/tG' Thereby-:certify;;that this plat was prepared under an and that same is. correct :to the best of my knowledge-and belief Edward::L....Berlier, Registered Land Surveyor,.:10855 The accompanying plat is accepted and approved for filing Chairm of the Board ofQty Commissioners " � /fl` ATTEST: f�X at t J QA.17/6 it,;,+„ 1/ County Clerk and Recorder • • BY: / , i is- DATE: Cl.. 4,4". PPP/ ; 810613 sheet 1 of 2 • 6567-1-1 Recorded Exemption No. : Oc,-7-10-3 —RE 471 Date: Owners: Ronald D. Kruger and Charlyne A. Kruger W. L.Ma Sow hi seer Ic I SW Cn2_ N00°, 314 51" E. 3Ye.o0 ' sect. to V C0.....rY Rowe '.e .a ( • SCALE 1"�= 1001 - a - X d J { * � _. w . .: a K. LOT , _- • a 3:r2 :AC a3... _ .._ N-':new ate:_S9 't 334-.:410* ::.-:.. 1,..e) I si d .. ; . �� n h :a N h .. . _ } s In * ,�a L"D T a 3. 00 -:AC : 1.t • t -SCALE f " 2000' • {, ti JO i © - 6: I10 { <- _ — n1. • • • ` . • \WNEELEY •• \•. \ 5 .ate E_I Sheet 2 of 2 15 6567-1-1 DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 January 14, 1980 "RipC. COLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #471 Dear Commissioners: The attached application, plat, and related items are in reference to a request from Mr. and Mrs. Ronald Kruger for a recorded exemption. The parcel of land on which this request has been made is described as part of the SWo, Section 10, T6N, R67W of the 6th P.M. , Weld County, Colorado. This property is located at the northeast corner of the intersection of Weld County Roads 70 and 19. The property contains approximately 6.29 acres of Class IV nonirrigated soils. The request is to split the pro- perty into parcels of 3.29 acres and 3.00 acres. The applicant has submitted a letter dated December 12, 1980 which sets forth the reasons why this request has been made. There is an existing residence located on the proposed Lot A. No improvements are located on the proposed Lot B at the present time. Based upon the information submitted and the adopted policies in the County, the Department of 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 con- flicting land uses, residential development will be en- couraged to locate adjacent to existing towns and in accordance with the comprehensive plans and stated wishes of each community. The parcel of land is located adjacent to the incorporated boundaries of the Town of Windsor and is located in the Comprehensive Plan Area of Windsor. The Windsor Planning Commission has set forth no objections to this request. 81.0613 Board of County Commissioners January 14, 1981 Page 2 2. The request conforms with Section 9-2 of the Weld County Subdivision Regulations (intent clause of the recorded exemption procedure), and Section 3.3.A. of the Weld County Zoning Resolution (intent clause of the Agricultural Zone District) , in that the use will be compatible with surround- ing agricultural uses. The parcel has a low utility for agricultrual use due to the small size of the parcel and lack of irrigation water. 3. The request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. The Department of Planning Services Staff has concerns regarding the issue of evading the intent and purpose of the Weld County Subdivision Regula- tionsthrough the use of the Recorded Exemption Procedure. On December 17, 1975 Mr. Kruger obtained approval of a Recorded Exemption on 10.88 acres to divide the property into parcels of 6.293 acres and 3.895 acres. The request under consideration today is whether or not to allow further sub- division of the 6.293 acre parcel. It is the opinion of the Department of Planning Services Staff that before approval of the Recorded Exemption is granted, the issue of evading the intent and purpose of the Weld County Subdivision Regulations should be dealth with to the satisfaction of the Board of County Commissioners. Respectfully, CSIWCAlie estiaat Chuck Cunliffe Assistant Zoning Administrator CC:rg e 0613 Kruger P. O. Box 878 Windsor, CO 80550 December 12, 1980 Department of Planning Services 915 - 10th Street Greeley, CO 80631 Dear Sirs: Attached is my application to divide Lot A of Recorded Exemption No. 0807- 10-3-RE191, which was approved December 17, 1975. The parcel, Lot A, is currently zoned agriculture; however, it is not usable as farm ground. In a recent court case in the District Court of Weld County, Civil Action No. 30225, the sought right to run irrigation water to the prop- erty across the lands of an adjacent property was denied. There is no other method to convey irrigation water to the property. I have contacted the Town of Windsor zoning officer concerning the position of the Town in reference to this matter, and he stated that he could forsee no problem from the Town. standpoint. There are no plans at present for the area to be considered for annexation. Sincerely, Ron Kruge 1 8x!.0613 e APPLii:ATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE- 411 APPL . FEE ZONING DISTRICT \ RECORDING FEE . 00 DATE (V (5 - O RECEIPT NO . $'1S APPL . CHECKED BY 1) 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 : That portion of the Southwest Quarter of Section 10, Townhship 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the Southwest Quarter of said Section as bearing North 00°34'51" East and with all bearings contained herein relative thereto. BEGINNING at the Southwest corner of said Section; thence along the West line of said Southwest Quarter, North 00°34'51" East 340.08 feet; thence South 89°57'34" East 806.67 feet; thence South 00°34'54" West 339.54 feet to the South line of said Southwest Quarter; thence along said South line North 89°59'54" West 806.67 feet more or less to the point of BEGINNING. Recorded Exemption Number: 0807-10-3-RE191. ACREAGE : ' Lot "A" 3.29 Acres ± ; Lot " B" 3.00 Acres + ; Tota16.29 Acres + Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes x No Are there any existing improvements on Lot A? Yes x No Lot B? Yes No x FEE OWNERS OF PROPERTY: Name : Ronald D. Kruger Address 34006 WCR #19, wind-Phone 686-2721 Name : Charlyne A. Kruger Address Same soYphone Same Name : Address0S5o Phone WATER SOURCE FOR : Lot "A" North Weld (tap in) ; Lot " B" North Weld (tap paid) TYPE OF SEWER FOR : Lot "A" Septic (in) ; Lot " B" Septic (proposed) PROPOSED USE FOR : Lot "A" Lot improved ; Lot " B" Proposed building lot 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 ) Sig /ature : Owner or :Authorized Agent Subscribed and sworn to before me this /a - day of ,efiz„, /4.) 19 /O. SEAL z« Nota y ublic 2 II/ My ommission expires : &1 0613 t. BOARD OF DIRECTORS • ERNEST TIGGES . . NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE � HIGHWAY 85 LUCERNE, COLORADO 80846 GARY SIMPSON II TOM REED .:III 1.727ill • LYLE NELSON, MGR. • P.O. BOX 56 PHONE 3663020 December 15 , 1980 • RE: Water Service Ron Kruger Dear Sirs . This letter is in response to your inquiry regarding water service to the following described property : Lot B Sec 10-6-67 Meter # 1513 1 . X Water service is presently being provided to the above described property . 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 II"..eiomo null arld void. Additional comments : Sincerely , NORTH WELD COUNTY WATER DISTRICT • --defr) le D . Nelson , Manager LDN/rMc € O613 REFERRAL LIST c0 APPLICANT Rona I d Kruger C CASE # RE-471 1 w REFERRALS SENT OUT ON: December 19, 1980 !t x U REFERRALS TO BE RECEIVED BY: January 2, 1980 H r cc Cs Cs W H En P-4 14 0 CC P: C REFERRALS RECEIVED 1( DEC " " 1900 County Attorney (Plat only) JAN 8 1981 County Health X DEC 3 1 1980 County Engineer Windsor Planning Commission Kenneth Henschke JAN 12 1981 Windsor Town Hall P.O. Box 627 Windsor, Colorado 80550 . EE.0613` C. (.7bk .D II I iJ IUl' Pt. SWIL sec. )o,T(,-ez, CASE NO. RE - 47 / _ Row ' I 33 64 1 k: • 1 65 • Yy " parr► ,.....,�_ S 1 65.. 4416 3' it . J 32 SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 3 21. e e. 1 'ate r ,� r v • r. ipr { y • I' h, i _! ! f, s {` t Y - - 757 i s. �F � • { 9 O I I a FYI }gyp R `�" _` . " r ,- . .. .r SAM,' $/► J4tfw r 1 -�W a r _mac". 1 !i6 y r.• w yy, �� J 6. psi t <' r tl..N 77,7 . i iI l��MI ;r i k i ' 7, 4 . y. -.Y/ FIIKES W .3' '� t. 7• ``� Ei.4 4 „n {! I ,^ b {�•I Y ,9v {S 4..�Gr!;t - Sti .1. ₹'3 ' 9le 1 '4 `F7� f S^. • '!r l'�' �.� � e a / ,,,,,..- I !� y,ji ., t �'"`�� '�'� 1 1 2! a I u I II', N.= t (p'� 4 q .,ii . , X71,+ r ! �o f, ry y V {r rW'^ kip 4; .f. ,i. ,& RS V' 9. .k st,4 ..,-.4.--* . it , 4 :0 --' If I '''f."•-if..."'...1 il.- .7g a r4 n 4„. . , ...„ ,4 . ,,•-;cc, $ I -- _ -• . -• 1/4 — 'LI.4 , t , ,itri , ,,,,„,,,,, )„ .. .. ! :.,._ , 14..,r. • , yr # "% w iii 1i Mki . • - /N { . y-0+ y{j t is x t 810613 y?� - (- t2-b1 LEGAL D-.SCRIPTION - _SaL, 5V.)Y.1__ Acsr. sob XkMi.le1W aa+u-ct Nac-tug red G «ssos - Naissittl Grass Farmlana tis C's�\ -J_a-Ato. _ F4tvrmi.a ZONING : N LOC4T1ON: Cc) ner E A CO)-E ENTS: L_O• _ P ( - .Zq acres) Cor-Falw.s a r ickftnce Rhd bse.a . � A has a.ccesS At> SO 4_. Co.s.h!-.3`tAd 19 .- S2 d i o o r ,nJ SuL 5Vilta oS• 'Tare- dQ Y.04- ct r, ,r -_k'Fru.eluscis 1. os a. BY: _IlitY . Trp. . p�Ogin February 3, 1981 To: Weld County Commissioners Re: Recorded exemption applied for by Ron Kruger, on the property located at the junction of County Roads 19 and 70. This is to inform you that I am very much in favor of Mr. Kruger being allowed to split the property into two - three acre parcels. My property, approximately four acres, was originally part of the ten acre parcel which Mr. Kruger broke into two parcels in 1975. My property lies immediately east of Mr. Kruger's acreage. Since Mr. Kruger lost the right to run water two years ago, it is virtually impossible for him to maintain a total of six acres of dry non-productive ground. During the past two years his land lying immediately west of my property has ye.ilded only a first cutting of alfalfa, for the balance of the summer the field has lain dormant for lack of water. I am afraid that in future years it would be uneconomical for Mr. Kruger to do anything with this three acres if not broken off from the total six acres. This is liable to become a three acre patch of weeds. Mr. Kruger is currently maintaining his residence on the west three acres with a high quality of landscaping. Another residence on the new three acre parcel would produce a managable sized rural lot capable of being well maintained. In my opinion another residence between my home and Mr. Kruger's is "astronomically" more desirable than a three acre weed patch. /jSerely,y,� - i (;/.// �;,1ohn O. P. Miller/, 9195 WCR #70 Windsor, Colorado, 80550 810613 / 777/ ��/ n` w /- . 7 ...tc j r //-nom-c—c-L-, £',2_ _, ,.`ic- -? F ,sal_ 7j i 6 . 7� 74, , � . 74 lf_k_ e k_ 2 ,tar 77 , ),„ ,7--te.,,, ,64:5 7,0_,,,,,..,, 92 }/' u—; cc-,, r2., m- c Property's attached to 34006 Weld County Rd. #19 owned by Ronald D. Kruger and Charlyne A. Kruger South of Property ADOLPH WINTER Phone 686-2281 9370 WCR#70 Windsor,Co. 80550 Southwest of Property BILL KIRBY Phone 686-2321 East of Windsor Windsor, Co. 80550 Northwest of Property JOHN STROMBERGER Phone 686-2083 10595 Hwy. #392 Windsor, Co. 80550 North of Property • MARLYN DETIENNE Phone 686-5242 10481 WCR # 66 Windsor, Co. 80550 East of Property JOHN O.P.MILLER Phone 686-5271 9195 WCR #70 Windsor, Co. 80550 810613 RECORDING D TA -_MAPS Recorded Exemption #0807-10,-3-RE 471 __ _ - .._ NAME OF SUBDIVISION - Ronald D. Kruger & Charlyne A. Kruger NAME OF SUBDIVIDER .___..T•- N. , R. 67 W. of the 6th P.M. Pt SWIG Sec. 10, i o ATI0N (1F SUBDIVISION 1819545 FEB 1 2 19$1 BOOK s8 FF(:F.PT l ON nnTF OF RECORDING ----- MARY ANN FEUERSTEIN WELD ZUNcIFXDRFcORDE P DEPUTY C0EINT'' CLERK & RECORDER 8101013 Hello