HomeMy WebLinkAbout841066.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 573 - GEORGE
AND BARBARA ROSENOFF
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 , on October 13 , 1982 , the Board of County Commis-
sioners of Weld County, Colorado approved Recorded Exemption
No. 573 for George and Barbara Rosenoff concerning property
located in Part of the SE4 NEa, Section 32, Township 6 North,
Range 67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, a request has been submitted to the Board to amend
Recorded Exemption No. 573 from 25 . 188 acres, more or less, to
19 . 472 acres , more or less , in order to exclude the part of Lot
"B" which is a piece 5. 716 acres , more or less, and
WHEREAS , said amendment would allow the applicants to sell
the 5. 716 acre, more or less, parcel, and
WHEREAS , after review, the Board deems it appropriate to
approve the amendment to Recorded Exemption No. 573 , requested
by George and Barbara Rosenoff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the above mentioned
amendment to Recorded Exemption No. 573 , requested by George and
Barbara Rosenoff, be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th day of
April, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: j WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and erk to the :..r. Norman Carlson, Chairman
By: / PAL'• j ! EXCUSED
yep ty Count 7' k J ueliine Johnson, Pro-Tem
APPR• YED S TO FORM: �) U�'�CNt1
�i 1s' ���' Gene R�antne
r
County Attorney Chuck Carlson
J n T. Martin 841066
L 5 73 041684
• 6
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.400
915 10th STREET
GREELEY, COLORADO 80631
April 11, 1984
COLORADO
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Amended Recorded Exemption #573
Dear Commissioners:
The attached application, plat and related items are in reference to a
request to amend Recorded Exemption Number 573 from George and Barbara
Rosenoff. The property is described as part of the SE1/4, NE1, Section
32, T6N, R67W of the 6th P.M. , Weld County, Colorado. The parcel is
located approximately 1.75 miles south of Windsor on the east and west
side of Weld County Road 17.
The request is to amend Lot "B" of Recorded Exemption 573 from 25.188
acres, more or less, to 19.472 acres, more or less. The purpose of
the amendment is to exclude the part of Lot "B", a 5.716 acre, more or
less piece, existing on the west side of Weld County Road 17. Presently,
there is an adverse possession lawsuit pending on the 5.716 acres, more
or less, between the applicants and the contiguous landowner to the west.
Approval of this request would allow the applicants to sell the 5.716 acre,
more or less, parcel to a contiguous landowner. Lot "A" is not affected
by the proposed amended recorded exemption.
Based upon the information submitted, the Department of Planning Services
staff recommends approval of the request for the following reasons:
1. The impact on surrounding agricultural land uses would not
appear to be any different than the original request approved
on October 13, 1982;
2. The Windsor Planning Commission recommended approval of the
amended Recorded Exemption in a meeting on Tuesday, April 5,
1984;
'iOAR
Board of County Commissioners
April 11, 1984
Page 2
3. The request is in compliance with Section 9-2 E. of the Weld
County Subdivision Regulations.
Respectfully,(Li
Rod Allison
Current Planner II
RAr j g
P 1.415
ADDITIONAL COMMENTS
AMENDED RECORDED EXEMPTION 573
1. Mr. Keith Keppler of the Division of Water Resources was contacted
to clarify the Division's letter dated March 28, 1984. Mr. Keppler
indicated that a well permit would be available to the 5.716 acre
parcel, if Weld County recognized the parcel as a legal lot.
2. Approval of a subdivision exemption application would be required
if the 5.716 acre parcel were adjoined with a contiguous lot.
3. The Department of Planning Services staff will be meeting with the
County Attorney's staff to clarify policy on parcels that are
physically separated by County rights-of-way.
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FIELD CHECK
FILING NUMBER: RE--573 DATE OF INSPECTION: October 8, 1982
NAME: George and Barlara Rospnnff
REQUEST: a recorded exemption —.___
LEGAL DESCRIPTION: part of the_ SE 1/4 NEI , Section 3� T6N,_ R673i. of th- 6th P .M. -.
LAND USE: N_ Rangeland -----..__-- ---
E RangplanA — -------------
S Rangpl and
W Weljl County Road 17 a vl agricultural production
ZONING- N,Agrirul tare
LOCATION: 1.5 miles south of Windsor _Dm E _Agricultvrp
Weld County Road 17 S Agricul tarp
--- - WAgxicul turp
COMMENTS:
The subject site slopes to the east. There are no improvementson the property. The
access to the property would be from Weld County Road 17. Approximately 17 acres
of the property was an abandoned landfill. The steep terrain makes farming this property
impractical.
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A ison, current Manner
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RA1ORA
ADDITIONAL COMMENTS
George and Barbara Rosenoff
RE-573
The soils on the subject parcel of land are Class VIe nonirrigated soils
and have a low utility for agricultural production. The physical layout
of the parcel, including slope and size, diminishes the efficiency of
agricultrual operations on the parcel.
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REFERRAL LIST
APPLICANT: George and Barbara Rosenoff CASE NUMBER: Amend RE-573
SENT REFERRALS OUT: March 16, 1984 REFERRALS TO BE RECEIVED BY April 6, 1984
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�� County Attorney (plat only) Town of Windsor
Attn; Janet Lathrop
—.. Weld County Health Department 116 5th Street
Box 627
Engineering Department Windsor, Colorado 80550
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X'—'County Extension Agent ''11 { ^ i45,-Li
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Office of Emergency Management 1
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State Engineer
XX Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
7 Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
8'%1066
RICHARD D. LAMM F(Pat)
JERIS A. DANIELSON
Governor y ' O
2328H 4 Raii 1r i State Engineer
*187e *
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
March 28, 1984
Mr. Rod Allison
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Rosenoff Exemption Amendment
SE1/4 NE1/4, Sec. 32, T6N, R67W
Dear Mr. Allison:
We have no objection to the 5.716 acres being disassociated from the
original exemption provided it is attached to the Lind tract and does not
become a new lot requiring an additional well.
If a new lot is being created, then we must ask for information on the
prior exemption, existing and proposed wells, etc.
Sincerely, 0
sal o . ���as
Hal D. Simpson, P.E.
Assistant State Engineer
HDS/KCK:ma
cc: Jim Clark, Div. Eng.
Steve Lautenschlager
i•ll
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It 1984
Weld Co. Plume Counselor,
811066
, AMENDED
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 joc
CASE NO . - RECORDING FEE
ZONING DISTRICT RECEIPT NO . 1 ?,?0 �>
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 designated a recorded exemption by the Weld County
Board of County Commissioners . LEGAL DESCRIPTION :
The Southeast Quarter (SEj) of the Northeast Quarter (NEI) of Section Thirty-
two (32) , Township Six (6) North, Range Sixty-seven (67) West of the 6th
P.M. , except that portion of Section Thirty-two (32) lying West of County Road
17, Weld County, Colorado.
TOTAL ACREAGE : 26.889
Has this property been divided from or had divided from it any
other property since August 30 , 1972? Yes No X This is an
application for an Amended Recorded Exemption NOT=5-73 which was approved
FEE OWNERS OF PROPERTY : in 1982.
Name : George Rosenoff, Jr./Barbra A. Rosenoff
Address : 1008 Engleman Place, Loveland, CO 80537 Phone : 669-5162
Name :
Address : Phone :
Name :
Address : Phone :
WATER SOURCE : Larger Parcel Well/Cistern Smaller Parcel Well/Cistern
TYPE OF SEWER : Larger Parcel Septic System Smaller Parcel Septic System
PROPOSED USE : Larger Parcel wg/FPllow
Smaller ParcelResidential/Ag
ACREAGE : Larger Parcel 19.472 Smaller Parcel
EXISTING DWELLINGS : ( Yes or No ) No ( 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 correct to the best of my
knowledge .
COUNTY OF WELD )
STATE OF COLORADO )
gn ture : Own r o Autho_ pizzeed Agent
Subscribed and sworn to before me this c2
1984
�r day of of q�
( SEAL ) ,
• Notary Public
SUITE 550, GREELEY NATIONAL PLAZA
Alf GREELEY, CO 80631-3994
My Commission expires : 841066
•
February 16, 1984
Department of Planning Services
915 10th Street
Greeley, CO 80631
Re: Proposed Amended Recorded Exemption of the SEI of the NE+, of
Section 32, Township 6 North, Range 67 West of the 6th P.M.
except that portion of Section 32 lying West of County Road 17,
Weld County, Colorado
Gentlemen:
This is an Application to Amend Recorded Exemption No. 573 which was
approved during 1982. The purpose of the amendment is to exclude from
the Recorded Exemption the portion of Section 32 lying west of County
Road 17. As shown on the attached Plat, the portion west of County Road
17 is approximately 5.716 acres and there is a natural boundary created
by County Road 17 so that the 5.716 acre parcel would have been a
totally separate parcel and should not have been included in the
original Recorded Exemption.
There is presently pending a lawsuit over the 5.716 acres in which
Frank and Ann Lind have claimed ownership by adverse possession. We
have agreed to settle the lawsuit by selling that parcel to them and the
new parcel will then be contiguous to their parcel which is immediately
to the west.
To summarize the reason for the Amended Recorded Exemption, the 5.716
acres should not have been included in the original Recorded Exemption
and we are filing to correct that problem. Accordingly, Lot B will be
19.472 acres and Lot A will be 7.417 acres. You should also know that
the 5.716 acres is mostly wasteland, i.e. , two acres have been farmed
by Frank Lind for a number of years, but it is not an "economic
parcel" otherwise.
To review the other information submitted regarding the remainder of the
land, our proposed Parcel A is unchanged and will be 7.417 acres. The
parcel is wasteland unsuitable for cultivation and has been fallow for
as long as local residents and neighbors can recall. The only recorded
income from this parcel has been from a landfill which has now been
covered over and abandoned. There is no irrigation water on the
parcel, steep slopes and arroyos predominate Parcel A as it was
originally exempted. Parcel A offers no possibility of reclamation into
any agricultural use other than for pasture. Parcel A offers a desirable
building site overlooking the Windsor Basin and surrounding area.
Access to Parcel A as indicated in the original Application is from Weld
County Road 17 as indicated on the attached Plat. REA is at the road
and cistern and septic systems are in use by the existing houses in the
immediate area. A home built in this land would be compatible with
land use plans and other rural, non-farm residences.
841066
•
Department of Planning Services
February 16, 1984
Page 2
All of the land shown on the attached Plat is zoned agricultural. Access
to all the parcels would be from Weld County Road 17. Cistern and
Septic systems are being used in the area as well water is suitable only
for irrigation.
We believe that the proposal as submitted is consistent with the intent
of the district in which the use is located, that the use will be
compatible with the existing surrounding land uses and that it is all
consistent with the Weld County Subdivision Regulations and Comprehen-
sive Plan.
Accordingly, we request that you approve our Amended Recorded Exemp-
tion.
d.
r ara A. Roseno f George osenof i TR
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c LEGAL DESCRIPTION
L COUNTY ROAD ATOM
DITCH That portion of the Southeast Quarter of the Nortt
w COUNTY east Quarter of Section 32, Township 6 North, Rant
W ROAD 67 West of the 6th. P.M. Weld County, Colorado,
// // / being more particularly described as follows:
IIL SITE Considering the East line of said Northeast Quarte
/ as bearing North O1°31 ' 15" West and with all bear-
gs contained herein relative thereto; Beginning
32 at the East Quarter Corner of said Section 32;
thence along the East line of said Northeast
Quarter North 01°31' 15" West 1345.08 feet to the
North line of the Southeast Quarter of the North-
east Quarter of said Section thence along said lii
South 89°38' 14" West 1189.35 feet to the West lint
of the Southeast Quarter of the Northeast Quarter
of said Section; thence along said line South 03°
_
08' 18" East 1346.28 feet to the South line of the
VICINITY MAP
SCALE (• •2000 Southeast Quarter of :he Northeast Quarter of sai•
Section, thence along said South line North 89°38'33" East 1151.34 feet to the point of
beginning. Except that portion described in deed recorded in Book 1080, Page 292 and also
said parcel subject to County Road right of way as shown on attached plat. Also -subject to
all existing easements and rights of way of record.
I (we) George and Barbara A. Rosenoff being the sole owner(s) inf, of theove descri d
property do hereby divide the same as shown on the attached map. ,t_ AP Q � ,,-
The foregoing certificate n was acknowledged before G� ' ..1.._/feeC /
me this /274,41 day of . A.D. , 1982 • z U
My Commission expires e '3 Notary Public • Witness my Hand and Seal
Z• 2709-P,.y F.4.)'44/6°.
I heiffisertilll.that this plat was prepared rider my supervision; and that the same is
cor 0to_ the best of m knowledge and—blief. INTERMILL LAND S1RVFINC�, INC.
The 3leompanying pl t i ac pted and—
approved fo., Piling. d,-7,,,A,, 1 . / lad ry G.2 ntermill Co. L.S. 12374 ,(
814
,:1 ,t" srY,tman o the Board doff Countyy Comm`iJssioner{ss ,, • _ ' /If
r? ,.rt . id Recorder /1 (A,, , 7.. ....'Yi1it..n.(.i,A.—_ '} 4 . _.- -- �Y`�---Dae— '
�^� 589°lBIL "W 1189.35 NE. COR. SEI 4, NEI 4
NW. COR. SE I/4, N. LIN SE 1/4, NE 1/4 SEC. l2-6'87 O F
NEI/4 SEC.32-1-6 1 1074.38•
SET PIN Amended
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Recorded Exemption No. 0807-32-I-RE 573
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SEC. 32'6'67 N89°38'i3 'E 1151. 34' S. LINE NE 1/4
FD. PIN. E 1/4 COR.
AMENDED''RECORDED EXEMPTION NO. 573 SE C.32-6-67
COUNTY ROAD EATON 4r-
DITCH LEGAL DESCRIPTION 4T, 7"=i/45rY
COUNTY That portion of the Southeast Quarter of the Northeast
ROAD Quarter of Section 32, Township 6 North, Range 67 West
/
etr 1/ of the 6th P.M. Weld County, Colorado, being more part-
icularly described as follows: Considering the East
line of said Northeast Quarter as bearing North 01°31 '
15" West and with all bearings contained herein relativ
thereto; Beginning at the east Quarter Corner of said
SEC 32 Section 32; thence along the East line of said Northeas
Quarter North 01°31 ' 15" West 1345.08 feet to the North
line of the Southeast Quarter of the Northeast Quarter
of said Section thence along said line South 89°38' 14"
West 1074.36 feet to the East Right-of-way of an
existing County Road; thence along said East Right of
Way South 11°11 '27" East 318. 90 feet; thence South 12°40
VICINITY MAP 29" East 550. 14 feet ; thence leaving said East right-of
SCALE 1'= 2000. -way line South 56°48' 17" East 404. 98 feet; thence Soutt
03°28' 17" East 254.36 feet to the Northeasterly right-
of-way of an existing County Road; thence along said
right-of-way line South 49°24'29" East 24. 71 feet to the South line of the Northeast Quarter
of said Section 32; thence along the South line of the Northeast Quarter North 89°38'33" East
554.40 feet to the True Point of Beginning. Subject to all easements and rights of way of
record.
I (we) George and Barbara A. Rosenoff being the sole owner(s) in fee of the above: described
property d.o hereby divide the same as shown on the attached map. . ' , . i / • '
The f6 i c(rtification was ackn w >ed before me this
n&da ,v 42D. 1984. My commj �: egptres (9•/(pis'/ . j. y ,_
Notar rS ls .`'• nu ) c ' ° ;- •v Aland and Seal `i ifs . 2 4.
I h yi'tlfat this lab._'• . • -hinder my supervision; and that the same is
cor ; ' •st ,of my knowle�.`.. U/ 1.k- } B�TERMILL LAND SURVEYING, INC. o 1n6c
The a , _ e y ;Cat is acc pt y„ 1�. .y• . 1 �,
Larry G. ntermill Co. L.S. 123,4
for fi in, �.�` �� t Pty • . TES'P:,�} Cou v Cler apd R •cord r
Chairman of t ,Board of Count} ,t .a+Qners "> ey- yvia Ly �,,{,,
"'i IIT~ ':ms's ' des .,
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