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
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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
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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
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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
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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
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Rod Allison, Current Planner s20622
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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
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