HomeMy WebLinkAbout841047.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 711 - C. HENRY AND
CATHERINE DIETERLE
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 , pursuant to its
authority under Section 30-28-101 (10) (d) , CRS , as amended, did
determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into two parcels,
as shown on the plat known as Recorded Exemption No. 711 , does
not come within the purview of the definition of the terms, "sub-
division" and "subdivided land" , and
WHEREAS , the request for Recorded Exemption No. 711 was sub-
mitted by C. Henry and Catherine Dieterle for property which is
located in Part of the NWa, Section 35 , Township 6 North, Range
66 West of the 6th P.M. , Weld County, Colorado, being more par-
ticularly described in the plat which shall be provided by the
applicant and known as Exhibit "A" , said plat to be recorded, and
WHEREAS, the request is to divide the property into parcels
estimated to be approximately 3 acres and 2 acres; thereby, allow-
ing the applicants to sell the larger parcel.
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 defi-
nition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the following: 1) the applicant shall submit
a mylar plat to the Department of Planning Services to be re-
corded in the office of the Weld County Clerk and Recorder. The
plat shall be drawn in accordance with the requirements of Sec-
tion 9-2C. (4) of the Weld County Subdivision Regulations. The
plat shall be submitted within 90 days from the date of approval
by the Board of County Commissioners; 2) an additional 20 feet
of right-of-way be reserved south of the existing right-of-way
of Weld County Road 64 for future expansion of the street to an
_� ��,, h 841047
Page 2
RE: RE #711 - DIETERLE
arterial status. The total right-of-way south of the center-
line of Weld County Road 64 shall be 50 feet; and 3) the drive-
way entrance to the new residence be placed a maximum of 200
feet from the west boundary line of the new parcel.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 24th day of
October, A.D. , 1984 .
%"721 i,l '4 J-- - BOARD OF COUNTY COMMISSIONERS
ATTEST: + ( ,s(, ,., ,,- Us:,^� ; .ys_,u ELD COUNTY, COLORADO
Weld County Clerk and Recorderet-Jae--
and
Clerk to the Bo rd Norman Carlson, Chairman
By: //JCL. .c., e
Deputy C`ountyk c7 ie ' ne Jo/J on, m
APPROVE AS TO FORM: 04-,y ;1(y/i'i'i.,-
Ue e R. Bran ner
CMC
EXCUSED DATE OF SIGNING (AYE)
County Attorney Chuck Carlson
% 227� w
J n T. Martin
841047
DEPARTMENT OF PLANNING SERVICES
( PHONE(303)356-4000 EXT. 4400
915 10th STREET
CREEL.EY,COLORADO 80631
C.
COLORADO
October 24, 1984
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #711
Dear Commissioners:
The attached application, plat and related items are in reference to a
request from C Henry and Catherine Dieterle for a recorded exemption. The
parcel of land on which this request is being made is described as part of
the NWT, Section 35, T6N, R66W of the 6th P.M. , Weld County, Colorado.
The property is adjacent and south of the Greeley City Limits on Weld County
Road 64. The property contains approximately 4.902 acres of Class IIe IIIe
irrigated and IVe IVe nonirrigated soils. The parcel of land under
consideration is the total contiguous land holdings of the applicant.
The request is to divide the property into parcels of 3.0 acres and 1.902
acres, more or less. The applicants propose to sell the three (3) acre lot
to their daughter. They propose to retain the smaller lot.
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 4.902 acres, more or less, under consideration will
be compatible with the existing surrounding area and with
future development of the surrounding area as permitted
by the existing Agricultural zoning. The proposal is
consistent with the intent of the Agricultural Zone
district in which it is located.
- The proposal was reviewed by the city of Greeley and was
found to comply with their long-range Comprehensive Plan.
0/64 i 5 /,0C N
i il ri "a• ' I,W 841047
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.
- North Weld County 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 64
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.
2. An additional twenty (20) feet of right-of-way be reserved
south of the existing right-of-way of Weld County Road 64 for
future expansion of the street to an arterial status. The
total right-of-way south of the centerline of Weld County Road
64 shall be fifty (50) feet.
3. The driveway entrance to the new residence be placed a maximum 0of 00 feet from the west boundary line of the new parcel.
Respectfully,
ames R. Mayerl
( Current Planner J
841047
FIELD CHECK
FILING NUMBER: RE 711 DATE OF INSPECTION: September 24, 1984
NAME: C. Henry Dieterle and Catherine M. Diterele
REQUEST: RE on 4.902 acres
LEGAL DESCRIPTION: Pt. NWT NUN, Section 35, T6N, R66W
LOCATION: Adjacent and south of Greeley City limits; south of WCR 64 and west
of WCR 35.
LAND USE: N WCR 64, cropland (corn)
E Floodplain pasture, Cache La Poudre River
S Waste land, Cache La Poudre River, floodplain pasture, sand and
gravel operation to SE.
W Residence, cropland (corn)
ZONING: N City of Greeley
E Agricultural
S Agricultural
W Agricultural, City of Greeley
COMMENTS:
Subject site is a 4.902 acre parcel located on an embankment above the Cache La
Poudre River. Improvements on the property include a residence, garage, sheds
and animal pens. Access is to WCR 64, a paved road.
BY: 4411cQl aa ./1'l u ,,
Michael S. Mullen
Current Planner
841047
fi,
tt
GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123
October 12, 1984
Mr. James R. Mayerl
Current Planner
Weld County Department of Planning Services
915 10th Street
Greeley, CO 80631
Dear Mr. Mayerl:
The Greeley Planning Commission reviewed the request for a Recorded
Exemption for property owned by Catherine and C. Henry Diterele located
at 4514 Weld County Road 64 at its October 9, 1984, meeting. The Commission
recommended no objection to this request due to the isolated nature of the
parcel with the following stipulations:
1. An additional 20 feet of right-of-way be dedicated as a part
of this request on the south side of Weld County Road 64 for
the future expansion of this street to an arterial status.
2. The driveway entrance to the new residence be placed as far
to the west boundary of the new parcel as possible to prevent
conflicts at the road curve.
If you have any questions with regard to this matter, please do not hesitate
to contact me. Thank you for the opportunity to review this request.
Sincerely,
06rVY11-01:13PnriJ,WL
Ann W. Jamison ( Y4Cci
Planner II �-
['CT 15 1984
Weld Co. Planning Commission
841047
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APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: o
APPL. FEE I/tADD
CASE NO. A 7/7 RECORDING FEE
ZONING DISTRICT RECEIPT NO. / =3429/.7`
DATE 9-'7-11 APPL. CHECKED BY///7L
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:
SEE ATTACHED
TOTAL ACREAGE: 4.902 acres
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes No X
Is this parcel of land under consideration the total contiguous land owned by
the applicant? Yes X No
FEE OWNERS OF PROPERTY:
Name: C. Henry Dieterle and Catherine M. Diterele
Address: 4514 0 Street Greeley. CO $0691 Phone: 352-1263
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel North Weld Smaller ParcelNorth Weld & Well
TYPE OF SEWER: Larger Parcel Septic tank Smaller ParcelSeptic tank
PROPOSED USE: Larger Parcel Build House Smaller ParcelExisting House
ACREAGE: Larger Parcel 3.00 acres Smaller Parcel 1.902 acres
EXISTING 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 plans submitted with or contained within this application
are true and correct to the best of my knowledge.
COUNTY OF WELD ) ea a,, ..,
STATE OF COLORADO )
Signature: er or Auth�or�i�z�edd�Agen
SuLscribed and sworn to before me this /7-[�1day of 3C___ 19,77(
(SEAL)
ary Public
.LQth Street, Greeley CO 80631
6 -Jl-Th
My Commissi3n expires:
841047
September 11, 1984
Weld County Deptartment of Planning
915 10th Street
Greeley, Colorado 80631
Dear County Commissioners:
Subject: Recorded Exemption
We are submitting the following proposal for dividing 4.902 acres into
a 3 acre parcel and 1.902 acre parcel.
We would like to sell the 3 acres to my daughter and her family so they
can build a home, have a few animals and a place where her husband can
park 2 Semi-trucks that are used for hauling hay.
The area is zoned agriculture. However there are places close by that
have houses with large lots. The proposed land has not had anything grown
on it for a few years and this would cut down on the weeds and add to the
country side.
The area around the proposed parcel is a corn field on the north. To the
east and south is pasture and the Cache La Poudre River. The west has a
house, pig sheds and pasture on approximately 2 acres.
The proposed house will have North Weld County Water and the sewage
disposal system will be a septic tank.
If there is any other information that will help get the recorded exemption
passed please let us know.
Sincerely,
C. Henry Dieterle
841047
1
,
1( WELD COUNTY /
Nor/haves/ corner ROAD NO. 64
Sec. J5, T.6N.,R.G6W North /ine NI Sec. 35
(Ens/ 868.40'
East 669.63' __
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PROJECT NO.
MCRAE & SHORT, INC. 1227-8th Avenue Greeley. Colorado 00631 841 79
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411
841047
...-'52,--- toot 596 Recorded..___ tit__ — -- �----S'•
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-. Rrreption No. ....... ..15184148—_--_MN__ S9HER.., Recorder, u.•' .....
`i QUIT CLAIM DEED / —/
1 alit Bra. Made this 2nth ____day of June
' in the year of our Lord one thousand nine hundred sixty—eirjht ,
between HERT!ARO JOHN M.ON1rEIST-R '
w of the County of \rapah.oe , and the State of Colorado, of the
.I
✓
CDri first part, and n . 1Tr*TRY DIETERLE and C'LT9PR1"YE, '1. DIETERLE ,
LA as joint tenants with right of survivorship and not as tenants in
Nri
I Sffect9thnty of '•'eld -, and the State of Colorado, of the
mr
•41 second part; WITNESSETH, That the said part y of the first part, and for and in consideration of
o• the sum of other valuable consid' rat ion and mr.:'1 s NO/100 nnt,LAP.s ----
en :,,Wilnnist
o to the said part•, of the first part in hand paid by the said part ;• ps of the second part, the re-
ceipt whereof i0
0
s hereby confessed and acknowledged, has remised, released, sold, conveyed and
QUIT CLAIMED, and by these presents do es remise, release, sell, convey and QUIT CLAIM
,`. unto the said parties of the second partt heirheirs and assigns forever, all the right, title, interest,
`. i claim and demand which the said part y of the first part ha s in and to the following described
real estate situate, lying and being in the County of WELD and State of Colorado, to-wit:
( All that part of the Northwest Quarter of the Northwest Quarter (NW
Li1/4 of NW 1/4) of Section Thirty-five (35) , Township Six (6) North,
—, Range Sixty-six ( 66) West of the 6th P..1. , Weld County, Colorado,
described as follows: Beginning at the Northwest corner of said
Section 35; thence East along the North lin•:, of said Section 35 a
distance of 369 . 40 feet to the point of beginning; thence Last
1e_ 669 .63 feet; thence South 2°49 ' 30" West 232 . 07 feet; thence South
75°8 ' West 169 . 68 feet; thence South 89° 22 ' West 39 . 57 feet ; thence
South 69°36 ' 40" :lest 357 , 11 feet more or less; thence North 69° 25 '
West 87 .55 feet; thence North 60° 19 ' •lest 35. 17 feet; tnencc north
0°28 ' East 325.83 feet more or less to the place of begi.nnin_ , con-
taining 4 . 902 acres more or less,
Together with all water , water rights, ditches and ditch rights
appertaining and belonging thereto, and more particularly to water
agreement icr water rights under agreement dated July 20 , 1965
between BERNARD JOHN MONHEISER and SHIRLEY LOUISE MONHEISER and
RICHARD E. KOESTER and ELAINE A. KOESTER wherein said waste water
was divided , five—sevenths (5/7) to Monheiser and two—sevenths
(2/7) to Koester,
To Have and To Hold the same, together with all and singular the appurtenances and priv-
ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in-
terest and claim whatsoever, of the said part y . of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said part1QId the second parttnen'heirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part ha s hereunto set hi `l.nd
and seal the day and year first above written.
if
Signed in the I'r, a rce of :"flat .. "c[ .fo'iin fld./4._. f r^l (sf"•ai)ic 1-
(Seal)
(Seal)
1
STATE OF COLOKADO,lss The foregoing instrument was acknowledged before me
COUNTY 0FWSb9 J
"'=HP)"il°'t this 1 t1, day of Jane . , , A. D. 19 68,
1
by Bernard John lonheiser .
Witnecseply+Q-13rd and Official Seal.
O 'a. 0 •• •
M 'Cbrppussion Exlities
r:. .. . 'n ,-rl l:'..J IJ:iLr•I J 19, 190
.- p ! A ... I 1.
1
r, Notary Public."
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5'41047,
ERNESDOFODIS ECTORS • „ ri 4"- NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
ROBERT ALKIRE ���T HIGHWAY 85 LUCERNE,COLORADO 80646
GARY SIMPSON ?-i I J!'"-y,_
w.M.MOKAY , ,--4.51 LYLE NELSON,MGR.
::= P.O.8OX 56 - PHONE 356-3020
September 12, 1984
RE : Water Service , C. Henry Dieterle
Dear Sirs,
This letter is in response to your inquiry regarding water service
to the following described property :
NW Corner of Sec . 35-6-66
1 . Water service is presently being provided to the above
described property.
2 . X Water service can be made available to the above
described property provided all requirements of the
District are satisfied.
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter , this letter shall
become null and void .
Additional comments:
Sincerely,
NORTH WELD COUNTY WATER DISTRICT
Lyl D. Nelson , Manager
LDN/wb
841047
REcOr "ZED EXEMPT-ON
NO.0805-35-2- RE ?I
SHEET 1 OF 2
DATE: SEPTEMBER 6, 1984
OWNER: C. HENRY DIETERLE AND CATHERINE M. DIETERLE
4514 - 0 STREET
GREELEY, CO.. 80634
LEGAL D ArligiArAPAr
s�E,SCRIPTTDN
a ALL THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP
a 6 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, DESCRIBED AS
FOLLOWS :
, BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 35;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 35 A DISTANCE OF 368.40 FEET TO THE POINT
OF BEGINNING;
THENCE EAST 669.63 FEET;
THENCE SOUTH 2° 49' 30" WEST, 232.07 FEET;
THENCE SOUTH 75° 8' 00" WEST, 169.68 FEET;
THENCE SOUTH 89° 22' 00" WEST, 39.57 FEET;
THENCE SOUTH 69° 36' 40" WEST, 368.11 FEET MORE OR LESS;
' THENCE NORTH 69° 25' 00" WEST , 87.55 FEET;
THENCE NORTH 60° 19' 00" WEST, 35.17 FEET;
THENCE NORTH 0° 28' 30" EAST, 355.83 FEET MORE OR LESS TO THE PLACE OF BEGINNING, CON-
TAINING 4.902 ACRES MORE OR LESS.
ONERSERTI FICATE„
C. HENRY DIETERLE AND CATHERINE M. DIETERLE, BEING THE SOLE OWNERS IN FEE OF THE ABOVE
FPROPERTY, DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP.
C. HENRY DIETERLE CATHERINE M. DIETERLE
/
NOTARIAL CERTIFICATE
STATE OF COLORADO )
COUNTY OF WELD )ss
JJ J
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS//�If,OAY OF ^ ) ,ce , A.D. ,
1984 BY C. HENRY DIETERLE AND CATHERINE M. DIETER E-. MY COMM 5SION EXPIRE: ('7- : -4";
WITNESS MY HAND AND SEAL: �- '������Zis' el'r'j
Q
N AR Y Pal., IC
az set, Greeley CO U0g4 i
6 ti,{��Mc'cle. SURVEYOR'S CERTIFICATE
I R BY C RRT F T T THIS PLAT WAS PREPARED ON SEPTEMBER 6, 1984, UNDER MY SUPERVISION
ANA ATE A * CORRECT TO THE BEST OF MY KNO EDGE AND BELIEF.
‘" efeer1S4/ 3,Ciae
GERALD B. McRAE, PROFESSIONAL ENGINEER AND
•.. °Fmu��tiaO��.
LAND SURVEYOR, COLORADO REG. NO. 6616
COUNTY COMMISSIONERS' CERTIFICATE
THE ACCOM YING PL T I ACCEPT D4AND APPROVE FO FILING. .; ''I�
ATTEST: (n'Ltx't4 ,. y•
COUNIY ERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
BY:
DATE: 2', /f gy •.; Y
}"-•�''r-•• PROJECT NO
t�IICRAE & SHORT, INC. 1227 -8th Avenue Greeley, Colorado 80031 94 / 79
64104'7
- RECOr '7EO EXEIVIPTA427C
NO. 0805-35-2-RE 711
SHEET 2 OF 2
WELD CO. Rd N0, G4 3 - A z_ Th
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SCALE. 1'102000'
I WELD COUNTY /
,Q04O NO. 64
Northwest corner
Sec. 35, 76 N.,R.66 K/ North tine NW%4 Sec..35 �,, `
(-East 368.40' _ East 6109.631 _------------S---4''
—�- _ �'
s1r -- 357.. 10' J 3/2. '— n
M ouch �oco�brr -" Q
M1 � 2C°5"°'` �, South R.0•W. tine Co.Rd� —�
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oN h
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C M 0.i 3
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0 LOT A �' e.v ..1 nor - 3 . ., a
4i 1902 Acres
� M 3.000 Acres o N
o to M O
N
it 4i
I? k l0�'80 S.75•0S00
0 51�� I o0j90 11 3 W. 34.108: 54.61.
39.51
N,� 06, •3�' a°3�qo acoZ3•oo.•W.
y69.,SS' $ 581
`sac-
*
841047
PROJECT N0. '
McRAE & SHORT, INC. 7227-6th Annus Orally, Colorado 80611 84 ! 79
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