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HomeMy WebLinkAbout820622.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 540 - FRITZ AND MARJORIE RAMSEIER 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 at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 540, being the property of Fritz and Marjorie Ramseier, described as part of the Ei Ez Ei NWi, Section 1, T5N, R66W of the 6th P.M. , Weld County, Colorado, being more particularly described in Exhibit "A" , attached hereto and incorporated herein by reference, does not come within the purview of 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners that the hereinabove described parcel of land owned by Fritz and Marjorie Ramseier be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of March, A.D. , 1982 . ayyyryry {�s BOARD OF COUNTY COMMISSIONERS ATTEST: 1I o ""` WELD COUNTY, COLORADO 7 / County Clerk and Recorder and Clerk to the d Jelin T. Martin, Chairman B e, (ABSENT) Deputy County Clerk Chuck Carlson, Pro-Tem APPROVED AS TO FORM: Norman Carlson County Attorney W. Ki by n�� -e-n d (NAY ) J ne K. Steinmark DATE PRESENTED: 3/22/82 020622 DEP,:RThvfENTOFPLANNINGSERVICES PHONE 1303) 3564000 EXT.404 915 10TH STREET CREELEY,COLORADO 80631 March 17, 1982 COLORADO Board of County Commissioners Weld County Colorado 915 10th Street Centennial Building Greeley, Colorado 80631 Re: Recorded Exemption #540 Dear Commissioners: The attached application, plat and related items are in reference to a request from Fritz and Marjorie Ramseier for a recorded exemption. The parcel of land under which this request is being made is described as part of Section 36, T5N, R66W and Section 1, T5N, R66W of the 6th P.M. , Weld County, Colorado. This property is located north of and adjacent to the city of Greeley between the 2800 block of West 4th Street and C Street. The request is to split the property into parcels of .85 acres, more or less, and 49.15 acres, more or less. The applicants propose to build a new residence on the .85 acre, more or less, (Lot "A") and will continue to live in their existing home on Lot "B". Based on submitted information and policies of the county, the Depart- ment of Planning Services staff recommends the request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the request is not in compliance with Section 9-2 E. C. of the Weld County Subdivision Regulations. Such regulation states that the uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted master plans of affected muncipalities. 2. It is the opinion of the Department of Planning Services that the proposed land division is not consistent with efficient and orderly development. 820622 Board of County Commissioners March 17, 1982 Page 2 - A letter from the Greeley Planning Department on March 12, 1982, indicates that the Greeley Planning Commission recommends denial of this request. The following is a quote from the city's letter: "The Commission felt that approval of the request would result in a proliferation of small fragmented separately owned parcels of land along 4th Street which is designated a collector street. The Commission felt that this fragmentation of ownership would only further frustrate the efforts to improve 4th Street to a collector standard. Further, the Commission felt that the property, if developed, should be annexed to the City particularly since the applicant is proposing to use City services. If the applicant desires to obtain a City water tap while still outside city limits, then he must sign an outside of City Water Agreement (please refer to attached copy) . As indicated in Section 3 of the agreement, the applicant essentially consents to annex the property to the City. Essentially, the Commission feels the property should be annexed and developed in the City and, therefore, recommended denial of the request." - In setting forth the goal of assuring that urban growth is in accordance with the concepts and desires of each existing municipality on Pages 53 and 54, the Weld County Comprehensive Plan states: "The Future Land Use Map shows the general distribution throughout Weld County of areas proposed for eventual urban development. These areas are based on comprehensive plans prepared by individual municipalities in the County. A more detailed picture of proposed urbanization within the planning areas of each of the towns can be found in the Comprehensive Plan for the town in question. Planning for urban development at the County level must be closely coordinated with planning for each of these municipalities. At the same time, in order for these towns to guide their future growth successfully they must make their goals and objectives known to the County and to each other. " It is the opinion of the Department of Planning Services Staff that in the vicinity of the proposed recorded exemption, continued division of parcels will not assist orderly, efficient and integrated development and the proposal is not in compliance with the city of Greeley's Comprehensive plan. Respectfully, ulllly, % Rod Allison Current Planner RA:rg 820622 FIELD CHECK FILING NUMBER: RE-540 DATE OF INSPECTION: February 24, 1982 NAME: Fritz and _Marjorie Ramseier REQUEST: „r,nrdefl „„„ption ` LEGAL DESCRIPTION: E1/2 Ez E1 NWk, Section 1, T5N, R66W of the 6th P.M. LAND USE: N Pasture and trailer court E Residential S Residential (city of Greeley) W Residential ZONING: N Agriculture and "R-5" LOCATION: North awl adjacent to the city of E City of Greeley rrppley between West 4th Street and "C" Street S City of Greeley W "R-l" and "R-5" COMMENTS: There are no improvements on the subject site. The subject site exists in a residential area. There is no slope to the site. Access to the site is from West 4th Street. BY: /4._,) Rod Allison, Current Planner RA:rg 211122 APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley Colorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE ic ' : t CASE NO . A L 5 ICI RECORDING FEE ZONING DISTRICT _4'-/ RECEIPT NO . (_1 <} I DATE (., ` 1 it' Z- 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 : ri 1/A _f(d 1/4 Sac( on .owrshir 6 Aortb of honor 66 fest of 6th F.L. ;1/2 J1/2 ,1/ . T 1 /4 oi fection 1 '000 h p 5 L .R. 66 , , >t of otfi . TOTAL ACREAGE : F0 . iore or loss Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No X FEE OWNERS OF PPOPPPTY : Name : Fritz r_nc, aALo7 ie ri;n ,i=r (t r. nt;A in coe;ffenj Address 1H eat fourth Atrlet I . LA: Phone : 357 /,7i. !e ,_:e 6e _--. Name : Address : Phone : Name : Address : Phone : WATER SOURCE : Larger Parcel f) 1c r caller Parcel LrAole Jits TYPE OF SEWER : Larger Parcel ,-ot,ic Smaller Parcel iAoch 1 . PROPOSED USE : Larger Parcel AAricultero Smaller Parcel in. FA il7 i661Aenc ACREAGE : Larger Parcel .1 ; Smaller Parcel --------------- EXISTING DWELLINGS : ( Yes or No ) YA2 ( Yes or No ) No 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 ) eett% STATE OF COLORADO ) / Fignature : 0 er or Authorized Agent Subscribed and sworn to hfore me this yy/, day of 19 a r-4 Nota %- 1PuAnlic B� Sills' Lei. /� f/ 2.71-A-sa-71 My Commis ion expires : 820622:r 1. To establish a parcel of round 135' by 275? relatively close in proximity to ny parents existing home for use as a lot for a single family residence. 2. The parcel under consideration can be incorporated into a future subdivision of the existing property as shown by the map Harked ._'ae 3:: 2. This would he consistent itr the planned dovelopment of the surroundin area as stated dy dhe Jeld County Comprehensive Plan. 3. he district in which the t Ix] is located has been desix:h tsL9 for residential us ;. 4. Th progenies directly south end x3aL of tba propose, esl are ased as sink 1_a family rsidrces. le raxaininb adjacent land is used for .7'.ricultur• purposes. 5. The adopted faster plan for the City of Greeley uesz na.tn; this area for IfJe as residential development at aome 'uture date. 6. The 1. ce;:Ient of the proposed die; l in_ on the pascal mould allow for further development at some ater date; can into con:• deration durin; the course of -worp,in ai th this parcel de re future mtnn, easments; water and sewer locations in relation to sinrourdird properties and other utility locations. 7. This parcel aoes pot fail in an arca currsnll:; covered by Overlay District darulations adopted b;% -„plc_ County. c;. Copy Of purchaze aoraoment is ctb:,ach^u with other rccuired documents. 9. None 820622 I ti FR Oft •III �oTr _ rI 4TH STREET SCALE I '= )Q0 ' PAGE I N N do N. or cy 1 4 TH STREET RE : ;U: ' SCALE 1"-100' PAGE 2 sa"' N1NK w .. d9_ _ 1. -ti., . �, • is �r *� , r 1 r ti ;� •• h41 .. M'✓ti x K � n 4 '/,4. S , �, �.. . . ,�,,. " t- q. • ist • 11. y MAC a�;. •, ; LL L Y.v R, _ ;R:E7 ` ii. 7. R iS • . \i' r».r ' *�P 4140; :,.;1,.„ d r 1 7�Id+ • S4. • 1 i ,:.. Cd�.F A t•.T' Y ,4t 4 F• :i M _ - •' -X ��— •}�q`1�Y es..., ,44..t.....-,.... { e . " �:t " a 7, - �Y"• � •y to - - ;- , � � ,16-- i ' 1" ~ ` y r •Mr ! I1 - ♦ � b. ...1-iii:!,- s ti.-4-t° 'lam 'S' N { S .1 4,. :F7iefew""..: 78•x.'._ ,.•- .3, r I. C' ..Ilk- f r {- ir"' N"�S +yF+AI+"ci.a PS. `'' �A �. .1`Y � : a' s' t I `k-�. t 4 .^YM !� a ym t4 • t i {yy : .. . r ',{ tor- y r .MY i' 3 , r t.S ,, , y!.1'441 �,, ro Y}�, d. CASE N0. . ..,. _-_-_- Q_ --�-(,;:,co 8 t •}•••�j+ ,o. :i *S: do X ter •• i 51 wt • f - O.. r. a ...,1. 52 "ti y — 1� .' .. ,r, SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED • LAS ems- - It _ � -- � , • - _ S20622 REFERRAL LIST APPLICANT: Fritz and Marjorie Ramseier CASE NUMBER: RE-540 SENT REFERRALS OUT: February 12, 1982 REFERRALS TO BE RECEIVED BY March 1, 1982 z z m o m o ff O H W z H H n z 0 6n z W 'U_' z 0 W - 2 fl0 . re F-i w w H w o U o C4 O U o a.W UW U o 2 m a O Z C p4 2 County Attorney (plat only) x City of Greeley Planning Departmen c/o Ken McWilliams Weld County Health Department City Complex l' XX Greeley, Colorado 80631 Engineering Department y. XX -- County Extension Agent Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 820622 N Lk) c_ DEPARTMENT OF PLANNING SERVICE j - PHONE (3031 3564000 EXT. .40( 915 10TH STREET GREELEY,COLORADO 80631 4 "' February 12, 1982 as— ® CASE NUMBER RE-540 V.44!% • COLORADO REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Fritz and Marjorie Ramseier for a recorded exemption . The parcel of land is described as the E' E1/2 E NW', section 1, T5N, R66W 9f the 6th P.M. , Weld County Colorado The location of the parcel of land for which this application has been submitted is north and adiacent to the city of Greeley between West Fourth street and C Street This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by March 1, 1982 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. I. We have reviewed the proposal and find no conflicts with our interests. (as lrnncs as n«l-rd -n c.z-F� - 2. A formal recommendation is under consideration and will be submitted to you prior to • 3 . Please refer to the enclosed letter. / Signed i��i'�j`t� Agency GL/2 GC / 1t Date 01'-22- $X 2 / / i%4 Rod Allison, Current Planner s20622 l 'Iro... l qa 44 fi t x . ; a l w44+ : A oBr.Y v 114 al iVrit itt , , w": ,%'' ,fibs IIli1 F 1. 5"w" .441 erY.` 1i y� '✓ x.. x Y ;.:�',a ''"S®as, .♦ « . �+1ke .....�„'mY,.�..,'mawaeRn _ OP: 4 (yam 5 s*, tr` ..e �sv,'.� 9 1. �y. • CREEL EV CIVIC CENTER GRLELEY. COLORADO eoc..i /�pr� HONE 3O3, 353 EI.? ` '4n rch 12 , 1982 Mr ., Rod Allison Current Planner Department of Plannin€: ,Services 915 10th Street Greeley , CO 80631 Rod : The City of Greeley Planning Commission at its March 9, 1982, meeting reviewed the Ramseier request for a recorded exemption (Case #540) located in Section 36, 75N, R66W, and Section 1, T5"' , i166W, The Commission recommended denial of this request . The Commission felt that approval of the request would result in a proliferation of small fragmented separately owned parcels of land along 4th Street which is designated a collector street . The Commission felt that this fragmentation of ownership would only further frustrate the efforts to improve 4th Street to a collector standard. Further, the Commission felt that the property, if developed, should he annexed to the City particularly since the applicant is proposing to use City services. If the applicant desires to obtain a City water tap while still outside city limits, then he must sign an Outside of City Water Agreement (please refer to attached copy ) . As indicated in Section 3 of the agreement, the applicant essentially consents to annex the property to the City. Essentially, the Commission feels the property should be annexed and developed in the City and, therefore , recommended denial of the request . Thank you for the opportunity to review and comment on this referral . If I can he of further assistance on this matter, please contact our office . Sincerely , hen McWilliams City Planner KM:yip "A COMMUNITY OF PROGRESS" 820622 OUTSIDE OF CITY WATER AGREEMENT TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO I, the undersigned owner the of the following described property adjacent or close to but not within the corporate limits of the City of Greeley, to-wit: (Here insert description of property) do hereby respectfully petition the City of Greeley for permission to tap the Greeley water works distribution main at: (Here insert place and size of tap requested) for the purpose of supplying water to said premises. It is expressly understodd and agreed by the undersigned that, if granted, said tap shall be in consideration of and upon the following terms and conditions, to-wit: 1. That applicant shall pay all costs or charges incident to making said tap, as may be determined by the City of Greeley, and that said taps shall be made under the supervision of the superintendent of the water department, or such other official as the City may designate. 2. That applicant will pay for and install a water meter of such size and at such place as may be required by the City. /('3.. That if the premises to be serviced by said taps shall ever be embraced or included within the boundaries of a tract or plat Which is sought to be annexed to the City of Greeley, either by individual petitions or by the City itself, then and in that event the applicants specifically agree that they will consent to join in the annexation of such territory by the City of Greeley, subject only to the compliance by any such petitioners with all of the legal requirements pertaining to the annexation of territory to a municipality. Furthermore, that applicant does hereby empower and irrevocably authorize and appoint the City Clerk of the City of Greeley, Colorado, his lawful attorney in fact, for him and in his place and stead to sign any such annexation petition as may be presented to and approved by the City Council, or as may be initiated by the City Council itself, embracing the above described land within territory to be annexed to the City of Greeley, Colorado, and applicant does hereby grant said City Clerk full power and authority to sign his name to such petition, thereby binding said petitioner to all of the terms and provisions of said petition as fully as he might do himself and for all intents and purposes as if he himself had signed said petition, it being thoroughly understood by the applicant that the primary consideration for the granting of the petition is applicant's covenant and promise that he will consent to the annexation of said territory to the City of Greeley, Colorado. Applicant further covenants and agrees for himself, his successors and assigns that, if he fails to sign any such annexation petition when requested by the City, or fails to abide by each and every covenant herein contained, then and in that event this permit or right to use water may be terminated by the City of Greeley, Colorado, upon the giving of thirty days' notice in writing of his intention so to do. Further, the requirements herein stated shall be considered as covenants running with the land. 4. That the applicant agrees that no building or other improvement shall be constructed which shall interfere with the future widening or extending of streets as proposed or may hereafter be proposed in the Street and Highway Plan on file in the County Clerk's Office, County of Weld, State of Colorado. 5. That the applicant agrees that where the major streets are not immediately necessary the applicant does hereby agree to dedicate, authorize to be opened and improved the street or streets as required by the Greeley Planning Commission. (Plat attached). 6. That the applicant agrees that grant of the streets for future use at the request of the Greeley Planning Commission as herein recited shall run with the land and does hereby authorize this Agreement to be placed of record in the Clerk and Recorder's Office, Weld County, State of Colorado. 7. That the applicant agrees that no building or other improvement or plan of subdivision shall be constructed or planned which interferes with the necessary drainage required by the Greeley Planning Commission. 8. That the applicant agrees to comply with all ordinances and other regulations adopted by City Council and Greeley planning Commission concerning subdivision, zoning, building construction, fire, safety, health, traffic and other applicable matters. 9. That the applicant agrees to obtain and pay for the necessary building and other permits and to be governed by the required inspections in same manner as if the area were within the City limits. 10. That the applicant agrees that if the area herein described shall become a part of another Town or City, the City of Greeley shall have the right to terminate the water service to said area and individual or individuals. 11. That the applicant agrees to pay all costs for water extensions as may be required by the Director of Water unless specifically exempt from certain costs by utility policies approved by the City Council. 12. That the applicant agrees to pay the regular rates now established or that may in the future be established for the class of water service furnished. 13. That applicant agrees to abide by all of the rules, regulations and ordinances of the City of Greeley, Colorado, and the laws of the State of Colorado pertaining to the use of said water as fully as if said premises were located within the corporate limits of the City of Greeley, Colorado. 14. That applicant agrees to furnish three acre feet of water per acre of land or fraction thereof. The water to be furn- ished may be project water, Greeley-Loveland Irrigation Co. water, Lake Loveland water, Seven Lakes Reservoir water and/or direct flaw river rights; or by tke g.ey...e..t of the ea.k equ:val.,..t of thie„ a.a., Let of p,.rject 15. That all of the terms and conditions hereof shall extend to and be binding upon the heirs, assigns and successors in interest of the parties hereto. 16. Whenever the word he, his or him is used herein such word shall also mean and include the words, she, they, hers, theirs or them, and the singular shall likewise mean and include the plural. IN WITNESS WHEREOF, the applicant has hereunto set his hand and seal this day of , 19 _. STATE OF COLORADO ) ) as. COUNTY OF WELD This day appeared before me - - and , known to me to be the above named petitioner and acknowledged the execution of the foregoing petition and power of attorney as their free and voluntary act and deed for the uses and purposes therein stated. Witness my hand and notarial seal. My Commission expires:____. Notary Public IMPORTANT: Where property is owned by more than one person, petition must be signed by all owners exactly as their names appear on deed acquiring title. 820622 Hello