HomeMy WebLinkAbout830832.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 649 - ADAM AND HELEN
LEINWEBER
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. 649 , having been requested by
Adams and Helen Leinweber, described as the N1 NW4, Section 1,
Township 4 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, being more particularly described in the plat which
shall be provided by the applicant and known as Exhibit "A" , said
plat to be recorded, 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 , this request is to divide the property into parcels
of 59 acres and 5 acres, more or less , to allow the Leinwebers
to convey the smaller parcel to their daughter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove de-
scribed parcel of land be, and hereby is, exempt from the de-
finition of theterms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicant submitting a mylar plat to the
Department of Planning Services to be recorded in the office of
the Weld County Clerk and Recorder. The plat shall be drawn in
accordance with the requirements of Section 9-2C. (4) of the Weld
County Subdivision Regulations. The plat shall be submitted
within ninety (90) days from the date of approval by the Board of
County Commissioners.
LD:ZON RE #649
i /- >e, 830832
Page 2
RE : RE #649 - ADAM AND HELEN LEINWEBER
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
November, A.D. , 1983.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board .__ Ch ck Carlson, Chairman
By: % I .-vi.--12.L ycU �� �� EXCUSED
Deputy County Clerk John T. Martin, Pro-Tem
APPROVED AS TO FORM: e ,(Ski
R. Brantner /J
County Attorney Norman Carlson
\- cqu ne Jo on
DAY FILE : December 5 , 1983
5eod32
.�` DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT. 400
A 915 10th STREET
9 GREELEY,COLORADO 80631
O Xr ,,
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COLORADO
November 23, 1983 { I
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #649
Dear Commissioners:
The attached application, plat and related items are in reference to a request
from Adam & Helen Leinweber for a recorded exemption. The parcel of land on
which this request is being made is described as Ilk NWti Section 1, T4N, R68W
of the 6th P.M. , Weld County, Colorado.
The property is located 11 miles west of Johnstown on Weld County Road 13.
The property contains approximately 64 acres of Class IIe and IIIe irrigated
and IIIc and IVe nonirrigated soils.
The request is to divide the property into parcels of 59 acres and 5 acres,
more or less. The Leinwebers are requesting this recorded exemption so they
can convey the residence and surrounding buildings to their daugher and
family. The larger parcel would remain as a farm for the production of crops.
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved for
the following reasons:
1. The request complies with Section 9-2C. of the Weld County
Subdivision Regulations submission requirements; and
2. The request complies with Section 9-2E. of the Subdivision
Regulations as follows:
- The 64 acres, more or less, under consideration will be
compatible with existing surrounding land uses and with
future development of the surrounding area as permitted by
the existing zone. The proposal is also consistent with
the intent of the Agricultural Zone District.
- The proposal was reviewed by the city of Johnstown and was
found to comply with their long-range Comprehensive Plan.
830832
Board of County Commissioners
Page 2
The proposal is in compliance with Section 1-3 of the Weld
County Subdivision Regulations and the proposed land
division complies with the Weld County Comprehensive Plan.
Therefore, the proposed use is consistent with efficient
and orderly development.
- The proposal does not exist in an overlay district area.
- The proposed lots meet minimum lot size requirements for
land division.
- Little Thompston Water District has indicated adequate
water service is available for this proposal.
- The proposed lots are not part of a recorded exemption
within the last five (5) years.
- The two lots proposed will have adequate access from Weld
County Road 13.
The Department of Planning Services staff recommendation for approval is
conditional upon the following:
1. The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be drawn in accordance with the requirements of
Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat
shall be submitted within ninety (90) days from the date of approval by
the Board of County Commissioners.
Respectfully,
4c2 (age,
James R. Mayer t---,/
Current Planner
830832
FIELD CHECK
K
FILING NUMBER: RE 649 DATE OF INSPECTION: 11-18-83
NAME: Leinweber
REQUEST: Recorded Exemption _
LEGAL DESCRIPTION: North 1/2, Northeast 1/4, Section 1, Township 4 North, Range 68 West
LAND USE: N Crop Production, Residence _
E Residence, Crop Production
S Crop Production
W Crop Production
ZONING: N Larimer County
LOCATION: 1-1/2 miles west of Johnstown, E Agricultural
south of Weld County Road 50 and west of S Agricultural
Weld County Road 13 W Agricultural
COMMENTS:
Access to subject site is from Weld County Road 13, a dirt road. Site has one single
family residence, granary, garage, barn and shack. Land slopes gently to the east.
The remainder of the site is in agricultural production.
l
BY: nJ� �/
mes R. Mayerl, Cu rent Planner
JRM:dg
830832
APPLICATION FOR RECORDED EXEMPTION
IntONE : 366-4000 Cxt . inn
Department of Planning Services , 915 10th Strout , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
$G -
APPL . FEE �S
ASE NO . ea'`1 / RECORDING FFE I3d__
ZONING DISTRICT _- RECLIRT NO . 3_ 575)
DATE ±
f ___ APP? . CHECKED BY R11
l
TO BE COMPLETED BY APPLICANT : ( Print or type only except for required
signatures )
I (we ) , the undersigned hereby request that the following described
property he designated a recorded exemption by the Weld County
Board of County Commissioners . I. I_ GAI- DL ;CRIPIION :
The North Half (NZ) of the Northeast One Fourth (NE4) ,
Section One ( 1) , Township Four (4) North, Range Sixty
eight (68) West of the 6th P.M.
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TOTAL ACRtAGE : 64 N0`/ 11933
Has this property been divided from or had divided from it a
other property since August 30 , 19 /?? Yes NWeld4. Planing Uotomi$Sian
FEE OWNERS OF PROPERTY :
Name : Adam. _Leinweber
Address : 711-Charlotte St. , Johnstown, Co. , 80534'hone :587-2320
Name : Helen Leinweber
Address : 711 Charlotte St. , Johnstown , Co . , 80534Vhone :587-2320
Name :
Address : Phone :
1.:O1e no01Yr-+ ' tap, Little Thomp—
WATLN SOURCE : Larger Parcel Smaller Parcelson Water District
IYPE OF SEWER : Larger Parcel - Zer};C,, Smaller Parcel Septic
PROPOSED USE : Larger Parcel Farmcco,pJ Smaller Parcel Residence
ACREAGE : Larger Parcel 59 acres Smaller Parcel 5 acres
IXISTING DWELLINGS : ( Yes or No ) No ( Yes or No ) Yes
I hereby depose and state under the penalties of perjury that all
statements , proposals , and/or plan, -, uhmittoet with or contained
within this application are true and t0rr,'rt lo tht heat of my
knnwledye .
COHNTY OF WELD )
SIAIE OF COLORADO ) r nc� {
tz�
SignaI iirr : -
�Tvrner or Authorized Agent -
Subscribed and sworn r L,rtore ine this. / Q� `
I ta e7L-et of c-e-%i
.
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830832 'K
,._ JOHN PERROTT
Attorney at Law
102 East Charlotte St.
Johnstown, Colorado 80534
Telephone: (303) 587-4697
P.O. Box 147
October 18, 1983
Department of Planning Services
County of Weld
State of Colorado
915 Tenth Street
Greeley, Colorado 80632
Gentlemen :
Attached is the Application of Adam and Helen Leinweber for Recorded
Exemption, whereunder they appear as fee owners of the 64 total acres
therein described.
They wish to subdivide the parcel into two parcels , one consisting of
59 acres , and the other 5 acres .
As stated in the Application, the source of domestic water for the
smaller parcel is the present tap of the Little Thompson Water Dis-
trict, and attached is the recent letter from the Little Thompson
Water District wherein it is acknowledged that should the remaining
parcel of 59 acres require domestic water, the District shall supply
a tap therefore.
The purpose of the nature of this request is to allow the Leinwebers
to convey the residence and surrounding buildings to their daughter
and family and reserve the remaining 59 acres as a farm for the pro-
duction of crops . Their daughter has resided and occupied the resi-
dence and surrounding buildings as her home for the past 20 years .
The Leinwebers have reviewed the Weld County Comprehensive Plan and
it does not appear this proposal is inconsistant therewith. That
the respective parcels will continue to be utilized in the future as
they have in the past, the exception being that there will be separate
owners to the two separate parcels , the applicants owning the larger
parcel and their daughter owner of the 5 acre parcel .
The proposal is consistant with the intent of the District in which
the use is located, in that the use will not change as a result of
the exemption.
The future uses of the two parcels will be compatable with existing
and surrounding land uses in that the remaining parcel of 59 acres
will continue to be used as a farm and the smaller parcel of 5 acres
will continue to be used as a residence .
The proposed uses will also be compatable with the future develop-
. . . /2
8330832 /
Page 2
October 18, 1983
ment of the surrounding area as permitted by the existing zoning and
with future development as projected by the Comprehensive Plan of
Weld County.
The proposal will not be inconsistant with the efficient and orderly
development in that the future utilization of the parcels shall re-
main consistant with their present and historical use .
Attached hereto is a copy of the Deed, whereunder Adam Leinweber and
Helen Leinweber purchased the said property from Nels Martin in 1961 .
Attached is a sketch plan identifying the two proposed properties .
All required fees have been tendered to the County.
Sincere
J iMhn Perrott
JP/pt
Enclosures
830832/. .
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LITTLE THOMPSON WATER DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN G. ANDERSON, 307 WELCH AVENUE
PRESIDENT DRAWER G
CHARLES ALLEN BERTHOUD. COLORADO 80513
LEO BAKEL
PAT DORSEY
DAVID MCGEE
E. THOMAS RICORD
CAREY J. SALOMONSON
MANAGER:
LOVILO H. FAGAN
August 15, 1983
John Perrott PO Box 147 Re: additional tap
Johnstown, Co. 80534 Leinweber property
1-4-68
Dear Mr. Perrott:
The Little Thompson Water District is able to supply an additional
water tap to supply property now owned by Adam Leinweber in the North
1/2 of Section 1, Twp. 4N, Range 68 West upon receipt of fees and comp-
liance with the rules and regulations of the District.
Very truly yours
LITTLE THOMPSON WATER DISTRICT
,004r,„ej 7-7411
Lovilo H. Fagan, Manager
LHF:lml
cc:
830832
REFERRAL LIST
APPLICANT: Adam & Helen Leinweber CASE NUMBER: RF 649
SENT REFERRALS OUT: 11-17-83 REFERRALS TO BE RECEIVED BY 11-28-83
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County Attorney (plat only) / Town of Johnstown
_ c/o Richard Roper
Weld County Health Department Box 487
Johnstown, CO 80534
Engineering Department
`--- County Extension Agent
Colorado Geological Survey
1313 Sherman Street
_
Room 703
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
830832
RECORDE0 EXEMPTION 1061 - I- 1 -RE - 649
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LEGAL DESCRIPTION FOR RECORDED EXEMPTION 649 PARCEL "A° fI,-
oAne
That portion of the North 1/2 of the Northeast 1/4 of Section 1, Township 4 North,
Range 68 West of the 6th Principal Meridian, being more particularly described as follows:
Considering the East line of the Northeast 1/4 of said Section 1 to bear North
05° 35'28" West and with all bearings contained herein being relative thereto.
Beginning at the Northeast corner of said Section 1 , thence South OS° 35'28" East alone_
the East line of said Northeast 1/4 a distance of 388.60 feet, thence North 90° 00°00" West
a distance of 530.02 feet, thence North 05° 35°'28" West a distance of 388.60 feet to a point
on the North line of said Northeast 1/4 , thence South 90° 00'00" East along the North line
of said Northeast 1/4 a distance of 530.02 feet to the Point of Beginning.
The above described parcel contains 4.706 acres of land, including a strip of around
30 feet wide parallel and adjacent to the North and East property lines, reserved for
County Road Right-Of-Way purposes and is subject to any Rights-Of-Way or other easements
as recorded by instru-ients of record or as now existing on said described parcel .
LEGAL DESCRIPTION FOR RECORDED EXEMPTION 649 PARCEL "B"
Being the North 1/2 of the Northeast 1/4 of Section 1, Township 4 North, Range 68
West of the 6th Principal Meridian, County of Weld, State of Colorado.
830832
Prepared By : Zoyiopoulos 9 Associates
Z d A Project No. 84-03
• Sheet 2 of 3 BkB
RECORDEV EXEMPTION 1061 - 1 - I - RE•649
LARIMER COUNTY III
NE. Cor. Sec. I.
Fnd. No.4 Reber
N.- _17/ 60 Rd. R.O.W. _ _ — it — —
-- W.C. Rd. 50 (Eeietiny)
WELD COUNTY II
SCALE: I"=500' PARCEL "A" I I
4.706 ACRES I I
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N. I/2 , NE. I/4, SEC. I , T. 4 N. , R.68 W. I o
PARCEL "Be I ` �
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SCALE: I•'• 100 N M W
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. 830832
Prepared By: Zoyiopoulos a Associates
Z a A Project No. 84-03
Sheet 1 of 3 8KB
I (We) Adam and Helen Leinwener being the sole owner(s) in Lee of the above described
property do hereby divide the same as shown on the attached map.
tWeletti d12-na—fa:1114 —
( ignature) (Signature)
The foregoing certification was acknowledged before me this Ct day of yS,0„,hSt41ul-
A.D. , 19%4 .
My commission expires: 'I,a „y,yh l3,114S
`NOTARRY PUBLIC WITNESS MY HAND & SEAL
�o\aa-k—)t _ yl)e.es
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.
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Registered Lan Surveyor, Colo. i• . , ,. .; oo '-:
Reg. #13184 's-
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The accompanying plat is accepted and approved for filing "core , O.`
fir ,OF CO
%%%%%%%%
Chairman of the Board of County Commissioners
ATTEST: County Clerk and Recorder ��' �f�M� �' �J
By:
Date 7 2 -/ 51- - �' 7�
Recorded Exemption No.
1061 - I- I- RE•649
830832
Prepared By: Zoyiopoulos B Associates
• Z Et A Prdject No. 84-03
Sheet 3 of 3 BKB
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