HomeMy WebLinkAbout841227.tiff AR1973661
RESOLUTION
RE : APPROVAL OF SUBDIVISION EXEMPTION NO. 224 - JOSEPH AND
AGNES DRIETH
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, the Board of County Commissioners has reviewed the
request of Joseph and Agnes Drieth for an exemption from the
definitions of "subdivision" and "subdivided land" in Section
30-28-101 (10) (d) , CRS , as amended, and Section 2-lA. (3) of the
Weld County Subdivision Regulations , and
WHEREAS , this Subdivision Exemption request from Joseph
and Agnes Drieth is to allow them to exempt one set of improve-
ments from the farm that they are intending to sell, and
WHEREAS, said land is located in Part of the N1 Nigh, Section
19 , Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows :
CREATED PARCEL
A tract of land located in the North one-half of
the Northwest one-quarter of Section 19 , Township
3 North, Range 68 West of the 6th Principal Meridian,
Weld County, Colorado, being more particularly
described as follows :
Beginning at a point on the West line of the Northwest
one-quarter of said Section 19 whence the Northwest
corner of Section 19 bears North 00°00 ' 00" East 30 .00
feet; thence parallel with the North line of said
Northwest one-quarter North 89°09 ' 14" East 367. 93 feet;
thence parallel with the West line of said Northwest
one-quarter, South 00°00 ' 00" West 644 . 73 feet; thence
South 89°12' 24" West 367. 93 feet to a point on the
West line of said Northwest one-quarter; thence along
said West line North 00°00 ' 00" East 644 . 39 feet to the
Point of Beginning, containing 5. 444 acres more or less .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the above described
parcels, be, and hereby are, declared to be exempt from the
definitions of "subdivision" and "subdivided land" as set forth
in Section 30-28-101 (10) , CRS, as amended, and Section 2-lA, (3)
of the Weld County Subdivision Regulations.
B 1036 REC 01973661 07/12/84 09: 13 $0. 00 1/002
F 1169 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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841227
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RE: SE # 224 - DRIETH
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 27th
day of June, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST'M L 7ttuA4 WELD COUNTY, COLORADO
An,
�:a nfy Clerk and Recorder
to the Board Norman Carlson, Chairman
ty County lerk J cq line nson, Pro-Tem
APPROVED AS TO FORM: EXCUSED
Gene R. Brantner
n �`
County Attorney Ctthck Carl n ��Lt
r
n T, Martin
B 1036 REC 01973661 07/12/84 09: 13 $0. 00 2/002
F 1170 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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• FLOW SHEET •
CASE # Y
COUNTY COMMISSIONERS MEETING ET DATE: (,691p 2 7 ,./16'>/-
APPLICANT:
�/(L `'4/721.,;
REQUEST: /.6.�tcr�.u7C�m2�/ �C�
LEGAL: /71-- ,(J� % —
/ ��. ? d•C ///
LOCATION: o� S /V6 �cGn�o,2LD l.�a.dr i2Je /�,....�Nc�pe_A{'cr
DATE BY
Application Received • 8
Application Complete G • •BY
Sign Given to Applicant
Sign To Be Posted By: AJj-
Letter to Applicant Drafted 6 _ gy
G /
Referrals Listed
Air Photo and Maps Prepared
Soils Map Prepared
File Assembled
Letter to Applicant Mailed 6- -,E--"(
Referrals Mailed �---
Chaindexed
Prop. &Mineral Owners Notified By: /K
Field Check By DPS Staff _02/ —Br' )2/1,_y
DPS Recommendation Drafted y •//ems 2 4.
DPS Recommendation Typed
Packets Xeroxed -///n/
CC Action: ��
Plat and/or Resolut•on Recorded r
History Card Completed
Recorded on Maps and/or Filed
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_ DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
C.
COLORADO
June 8, 1984
Joseph and Agnes Drieth
14886 WCR 1
Longmont CO 80501
Re: RE 696 and SE 224 -- Request for a Recorded Exemption and Subdivision
Exemption on a parcel of land described as N1 NWZ, Section 19, T3N, R68W
of the 6th P.M., Weld County, Colorado.
Dear Joseph and Agnes Drieth:
Your application and related materials for the request described above are
complete and in order at the present time. I have scheduled a meeting with
the Board of County Commissioners on June 27, 1984 at 9:30 a.m. This meeting
will take place in the County Commissioners' Hearing Room, first floor, Weld
County Centennial Center, 915 10th Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any
questions the Board of County Commissioners members might have with respect to
your application.
The Department of Planning Services staff will make a recommendation
concerning this application to the Board of County Commissioners. It is the
responsibility of an applicant to contact the Department of Planning Services
office a few days before the date of the Board of County Commissioners hearing
to obtain that recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
James R. Mayerl
Current Planner
Sent Certified - P 397 289 748
TO: Board of County Commissioners Date: June 27, 1984
Subdivision Exemption 11 224
Applicant: Joseph and Agnes Drieth
Legal Description of Property: Part of the N1 NWT, Section 19, T3N, R68W of
the 6th P.M. , Weld County, Colorado.
Location of Property: 2.5 miles NE of Longmont; East of WCR 1 and North of
State Highway 66.
The owners of the property described above have requested an exemption from
the Weld County Subdivision Regulations under Section 9-3 B(2) .
The Department of Planning Services staff has reviewed this request and
recommends that the request be approved for the following reasons:
DOES DOES NOT
X Fall in flood plain or geologic hazard area
X Agree with the Weld County Comprehensive Plan
X Create new parcels eligible for building permits
X Agree with surrounding land uses
COMMENTS:
This application is being done in conjunction with a recorded exemption.
Approval of this application will allow the applicants to exempt one set of
improvements from the farm that the applicants are intending to sell.
MIL -09
a es R. Mayerl, Cuet Planner
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FIELD CHECK
FILING NUMBER: RE 696 and SE DATE OF INSPECTION: 6-21-84
NAME: Joseph and Agnes Drieth
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: N1 NW's Section 9, T3N, R68W
LOCATION: 2.5 miles northeast of Longmont, east of WCR 1 and north of State Highway 66
LAND USE: N Crop production
E Crop production and farm residence
S Pasture land
W WCR 1, 6 residences, farmland
ZONING: N Agricultural
E Agricultural
S Agricultural
W Boulder County
COMMENTS:
Access to the subject site is from WCR 1 a paved road. The site has a slight slope to
the southeast. Improvements consist of one single family residence, garage and farm
buildings. The balance of the site is used for agricultural production.
By: J^�#gm,,v/1cP
J es R. Mayerl, Cure t Planner
• APPLICATION FOR SUBDIVISION EXEMPTION
• PHONE: 356-4000 Ext. 400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. APPL. FEE /1)0
ZONING DISTRICT RECEIPT NO. /39g
DATE 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
exempted from the definition of the terms "subdivision" or "subdivided land" in
accordance with Section 2-1 A. (3) of the Weld County Subdivision Regulations, by
the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: y3 of th° 11 Section 19 T 3 N, R 68 W
Has this property been divided from or had divided from it any other property
. since August 30, 1972? Yes No x
FEE OWNERS OF PROPERTY:
Name: Joseph C. nrieth
Address: 14AR6 Weld County Road_#1, Longmont. CO. Phone 776-3492
Name: J,1._ nreith
Address:
14RA6 Weld County Rnad #1. Longmont. CO. Phone 776-3492
Name:
Address: Phone
Total acreage of the
total property involved: S
Existing land use of the
total property involved: Agriculture
Existing land use of the
adjacent properties: North: Agriculture South: Rural Residential
East: Rural Residential West: Rural Residential
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.
STATE OF COLORADO ) .C!/ ,z,t
C0WO 0f.,MELD
gnatur . Own" r or Authorized Agent
VOita worn to before me this 4 day of 1919
G
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o ary Publ9
T 401 Main Street
January 4, 198
Longmont, CO 80501
My Commission expires:
0.1
WELD COUNTY PLANNING
CE ..TIFICATE OF CONVEYANCES COMMISSION
STATE (?F COLU A.CJ )
COO TY OF VELD )
Th ? TRANSAMERICA TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it has made a careful search of _ -
its records , and finds the following conveyances affecting the
real estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
The Nh of the Nigh of Section 19 , Township 3 North, Range 68 West
of the 6th P.M. , Weld County, Colorado.
•
CO;iV YANCES ( if none appear, so state ) :
Reception no : NONE , Book
R ception no . , Bcok
Reception no . , Book
Reception no . , Book
Reception no . , Book
Reception no : , Book
Reception no . , Book
Tiii : Certificate is ma.de for the use and benefit of the Planning
Commission of Weld County , . Colorado .
This Certificate is not to be construed as an Abstract of Title
:tor an opinion of Title , nor a guarantee Title , and the liability
of TRANSAMERICA TITLE INSURANCE COMPANY COMPANY
is hereby limited to the amount of the fee paid for this Certificate .
I ^ 'ritness Whereof , TRANSAMERICA TITLE INSURANCE
COMPANY has caused this certificate to be signed by its proper
officer this 26th day of March , A. D. 1984 , at 7 : 00
u ' cloCk . A.M.
TRANSAMERICA TITLE INSURANCE COMPANY
COMPANY
�
Ry ! L 1=-C J.
. AlTH EP SIGNATURE
JAN 17/n >� 1979
moot( Recorded at.--_J' o'clock, r
I 8�p ry +1 T'a,, 1 a
/ Reception No.,y._ '1st ��W_Recorder.
1 f YEfrf£4unl1G_.
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THIS DEED OF TRUST,Made this 10th day of January 19 79 ,betieen
Joseph G. Drieth and Agnes J. Drieth S
the grantor herein whose address is Rt. 1, Box 214, 14886 Weld Co. Road 01 (
Longmont, CO 10
. County of - Weld and State of Colorado,'
—
— . and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated,tp Qs
State of Colorado, •
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— Witneeaet:The Grantor to secure a promissory note(s)bearing even date herewith,for the total principal
j awn°f Twenty-Six Thousand Seven Hundred and no/100* * * * * * * * * * * * t11♦ollari,
payable to the order of The Longmont National Bank
•
the beneficiary herein whose address is P.O. Box 239, Longmont, CO
,after the date thereof,
— with interest thereon from the date thereof at the rate of 11 percent per annum,principal and interest payable
$2,670.00 plus interest due April 1, 1979. $3,000.00 plus interest annually
thereafter beginning April 1, 1980. Final payment due April 1, 1987
does hereby grant and convey unto said Public Trustee the following described property,situate in the
ICounty of Weld .State of Colorado,to wit:
i II The North half (N1/2) of the northwest quarter (NWT) , of Section Nineteen
(19) , in township three (3) north, of range sixty—eight (68) west,
I� together with all ditch and water rights appertaining to said premises
including two (2) shares of the capital stock of The Highland Ditch
I Company and thirty (30) foot allotment of water from the Northern
Colorado Water Conservancy District.
• also known as street and number
TO HAVE AND TT)MOLD the same together with all appurtenances,in trust nevertheless,that in caw of default in the payment of said note or any pan them(
or interest thereon,or in the performance of any covenants hereinafter set forth,then upon the beneficiary(note holder)tiling notice of election and demand for
sale,said Public Trustee,after advertising notice of said sale weekly,for not less than four weeks.in some newspaper of general circulation in said county,shall
sell said property m the manner provided by law in effect at the time of filing sad notice and demand,at public auction for cash,at any proper place designatd in
the not we of sale.Out of the proceeds of said sale said Trustee shall retain or pay first all fees,charges and costs and all moneys advanced for tans.insurance
•
and uwmments,or on any prior encumbrance,with interest thereon,and pay the principal and interest due on said note,rendering the overplus(.f anyl unto
the grantor;and after the expiration of the tame of redemption,said Trustee shall execute and deliver to the purchaser a deed to the property sold.The
• beneficiary may purchase saidthereof property or any part at such sale.
The grantor covenants that at the time of delivery of these presents, he a seised of said property in fee simple, and that said property is
free ofencumbrances,except None
I1
;I1 and that wall keep hndmldmgrmsurcdam sandextended and amounts
d ontpaid b the unpaid balance and if he
note with loss peYablere the beosfoiery.
1 and will pay all t and• braenb sad may ddue on prior o shall become and d shall Nil to Pay premiums.a.t
1 amounts due on prioray n encumbrance,the beneficiary pay the same and all amounts&o paid additional indebtedness due hereunder;and in cue
II of fere<bau re.he will pay an attorney's tie of
a reasonable amount not to exceed 15% of amount due II
i
. 1'
should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,the grantor agrees that all I
court costa and s reasonable attorney's fee paid by the beneficiary shall become additional indebtednea.due hereunder;and the granter does hereby ,I
I release and waive all claims in said property ass homestead exemption or other exemption now or hereafter provided b law.
If all or any part of the property sr an interest therein is sold or transferred by Porn Part_ without beneficiary's prior written consent, I
r I excluding la)the Porn creation of a lien or encumbrance subordinate to this Deed of Trust,(bl the creation of a purchase money wearily interest for
household appliances,tele transfer by devise,descent or by operation of law upon the death of t joint tenant sr(d)t he grant of any leaashold interact ef j'
three years or leas not containing an option to purchw,beneficiary may.at beneficiary's option,declare a0 tnd must&secured by this Deed ofTrust to
• b•mmdmtely due cad payable.Beneficiary shall have waived such option to we l if,prior to the sale or transfer,beneficiary and the person to
• wham the property d to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to beneficiary and that the
I I interest payable on the aunts secured by this Deed of Trust shall be at such rate as beneficiary shall request.
It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein,then said principal sum hereby
aacered and interest thereon may at the option of the beneficiary become due and payable at once,anything in said note to the contrary motwithstand. •
Mg and puussion of said property will thereupon be delivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be
entitled to a receiver for sad property,who may be a pointed by any court ofcompetentjundiction.
Whenever used herein the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all
genders.All of the covenants herein shall be binding upon the respective heirs.personal representatives succesaOM and assigns oft he parties hereto. ,
I1 Should any provision of this Deed of Trust be found to violate the statutes or court decisions of the Mate of Colorado,cr of the Vaned State*,such I
' prevision shall dusted to be amended to comply with and conform to such statutes decisions.
1. Executed the day and leer first written.
' ce-,.��� >7.! �, C- Y: lit • / f . t , a
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' SWATS OP COLORADO / I
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Guayef ISoulder
IThe foregoing instrument eras acknowledged before se this 10th day of II
Jag 39--794e Joseph G. Drieth and Agnes J. Drieth
111 4 ('
%• NyCwmiseonespm October 15, 1982 .ir
,f Maness sty hand endoffrm w
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(,tic ,) �� Z_:.a-, -�... ,:-C---1-14-
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No.9tiB tn.74-DEEDOPTBUSTTO PLSLICT*usTSE.—sere ram—Copyright C ISIS
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—Bradford Publishing Co.,1844 Stout Street.Denver.Colorado($714011)-441 .zY,
June 6, 1984
Department of Planning Services
915 10th Street
Greeley, Colorado
Dear Sirs:
We are the owners of 80 acres of land located on the Boulder-Weld County
Line, 3/4 of a mile north of Highway 66. Legal Description: N 1/2 of the
NW 1/4, Section 19, Township 3 N, Range 68 W of the 6th PM.
I have recently become permanantly disabled due to a spinal injury which has
left me partially paralized. Since I can no longer work, I have sold my
farming operation and am now retired. My wife and I find it necessary to
sell part of our land to provide funds for our retirement since we do not
have any other income, except Social Security disability.
We want to keep the existing buildings to use for our son to live in so that
he can provide the help we need to get by on.
We want to build a modular home for our own residence. It is imperative that
we have a home all on one level with built in facilities such as a wheelchair
ramp and wider doors and hallways that the original house does not have.
The original house is a two story farm house, approximately 90 years old,
and would be cost prohibitive to remodel to adequately provide for my needs.
We want to keep 10 acres of land and sell approximately 70 acres. This land
is located across from land on the Boulder County side that has been divided
into five and ten acre tracts. To the East and South of our farm, land is
divided into smaller units, several with modular and mobile homes. To the
North is unimproved farm land.
We would have access to all of the property from County Line Road #1.
Water would be provided by Longs Peak Water Association, natural gas by
Public Service Company and electricity by Poudre Valley Electric Association.
We will need a septic system for the new unit.
Enclosed is a rough map showing what we plan to do. Please advise us as to
whether this proposal is feasable and what we need to do to accomplish it.
We are asking for whatever variances necessary be granted on the basis of
medical need.
S' cerely, /
Joe G. Drieth and
Agnes J. Drieth
14886 Weld County Road #1
Longmont, CO 80501
303-776-3492
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REVISED: MAY 18, 1984 W 8
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LEW. DESCRIPTION
A tract of land located in the North one-half of the Northwest one-quarter of
Section 1Q, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld
Chunty, Colorado, being more particularly described as follows:
Beginning at a point on the West line of the Northwest one-quarter of said
Section 19 whence the Northwest corner of Section 19 bears North 00°00'00" East
30.00 feet; thence parallel with the North line of said Northwest one-quarter
North R9°09'14" East 367.93 feet; thence parallel with the West line of said
Northwest one-quarter, South 00°00'00" West 644.73 feet; thence South 89°12'24"
'West 367.93 feet to a point on the West line of said Northwest one-quarter;
thence along said West line North 00°00'00" East 644.39 feet to the Point of
Beginning, containing 5.444 acres more or less.
10)' I
An.°. .- 001
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LONGS PEAK WATER, ASSOCIATION � vitt ~==
(303) 776-3847 P.O. BOX 714, LONGMONT, CO 80501
May 3, 1984
Weld County Planning Division
Weld County Courthouse
Greeley, CO 80631
To Whom It May Concern:
Longs Peak Water Association will provide water service to
property owned by Mr. & Mrs. Joseph G. Drieth located in the
N NW4, Section 19, T 3N. , R. 68W., Weld County, Colorado.
One tap will be furnished subject to compliance by the Drieths
with the rules and charges and regualtions of the Association,
and subject to their purchase of the tap and any extension or
upgrading of lines in accordance with the engineer requirements
of the Association.
This statement of willingness to serve will remain valid for
a period of six(6) months from the date of this letter.
Yours truly,
Vernon Peppler
President
cc: Joseph G. Drieth
VP/jdz
POUDRE VALLEY Poudre • E
RURAL ELECTRIC ASSOCIATION Valley A
P. O. BOX 1727 FORT COLLINS, COLORADO 80522 PHONE 226-1234
May 15, 1984
Mr. and Mrs. Joe Drieth
14886 Weld County Road #1
Longmont, CO 80501
Dear Mr. and Mrs. Drieth:
Poudre Valley Rural Electric Association, Inc. is ready, willing, and
able to provide electric service to your property along the Boulder-Weld
County Line Road and Highway 66.
At the time service is requested, electric service will be extended
according to our rules and regulations and line extension policy.
Yours truly,
'AILS)
Richard Larm
Field Representative
RL/ls
GREELEY•686-7431 LOVELAND•667-7324 LONGMONT•776.1084 DENVER•623-8606
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