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Home My WebLink About841004.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 663 - LENA SCHLOTTHAUER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Ruld 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. 663 , having been reauested by Lena Schlotthauer, described as part of the NE4 NEa, Section 22 , Township 7 North, Range 67 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 de- finition of the terms, "subdivision" and "subdivided land" , pur- suant 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 34 . 6 acres and 1 . 3 acres, more or less, allowing the separation of an existing residential improvement from the balance of the farm. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land 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 18th day of January, A.D. , 1984 . ` 0 BOARD OF COUNTY COMMISSIONERS ATTEST: ' ^� """ LD COUNTY, COLORADO Weld County Clerk a Recorder Om-4J and Clerk to the Boa d Norman Carlson, Chairman By: ( /L., , 4J/0 014_A--4 EXCUSED DATE OF SIGNING - AYE Deputy County Clerk Ja ueline Johnson, Pro-Tem AiPROV AS TO FORM: Br County Attorney C k Carlso 7�"" )})lL4 L Jin T. Martin U41004 012384 p*ir/INts\ DEPARTMENT OF BUILDING INSPECTION PHONE(303) 3564000- EXT. 425 9'5 10TH STREET - GREELEY, COLORADO 00031 110€ COLORADO January 18, 1984 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #663 Dear Commissioners: The attached application, plat and related items are in reference to a request from Lena Schlotthauer for a recorded exemption. The parcel of land on which this request is being made is described as pt. NE' NE`s, Section 22, T7N, R67W of the 6th P.M. , Weld County, Colorado. The property is located three miles north of Severance on WCR 80. The property contains approximately 36 acres of Class II, III, IV irrigated and IV, VI nonirrigated soils. The request is to divide the property into parcels of 34.6 acres and 1.3 acres, more or less. The recorded exemption application would allow the separation of an existing residential improvement from the balance of the farm. 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 36 acres, more or less, under consideration will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing agricultural zoning. - The proposal was reviewed by the city of Severance and was found to comply with their long-range Comprehensive Plan. A 841004 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 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 WCR 80. 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. The applicant shall submit evidence of an easement allowing lot A access to Weld County Road 80. The easement document shall be submitted to the Department of Planning Services within ninety (90) days from the date of approval by the Board of County Commissioners. Respectfully, Rod Allison Planner II 841004 y Y' T. O1. FIELD CHECK FILING NUMBER: RE 663,SE 2101zPMH 827 and 828 DATE OF INSPECTION: 1-4-R4 NAME: Lena Schlotthauer, et al REQUEST: Recorded Exemption, Subdivision Exemption, two Princizal Dwelling mobile homes LEGAL DESCRIPTION: Part of the NE-1/4, NE-1/4, Sec. 22, T7N, R67W of 6th P.M. , Weld County LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural ZONING: N Agricultural LOCATION: 3 miles north and 1 mile west E Agricultural of the Town of Severance S Agricultural W Agricultural_ COMMENTS: The property contains 3 separate sets of improvements on what would be 3 separate lots if the requests are approved. Lot A contains one mobile home and one shed. Lot B contains the original house with the farm and 5 to 6 other miscellaneous farm buildings. Another mobile home is located on the subdivision exemption lot. The property appears to have been in alfalfa or irrigated pasture. There is a small ditch at the far eastern edge of the property which runs north and south. There is one access to the three improvements from County Road 80 which is gravel surfaced. The property slopes to the east and south from the improvements area. Mature trees and landscaping surround the improvements on Lots A and B. • BY: ck unliffe, Direct CIC:dg 841 4 0 /% • \ / / I l,,,. __ 1 //o G � isi II/ � y/ ,-- / / ill O i I , a , I,• II . gr'' 7±-- tri- . e .4910 50 / II S o° k. i co , l� � LIA ooe> 'f '" Ill �/ v �i, p • / till ..\ —, i r / 70,00 r (_sop° N N / m h / - ..„,___...---------) Li" <PR. - `Y`k� V i Z. / t M '2\ _ - �� - \V4950 N - q 62 o l / I .. _ - _ - ti rte — - - - - - _ ;- - _ ) . 0 7/7/ 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 gs.00 CASE NO . Ra'(D(.OiJ ` RECORDING FEE (0.00 ZONING DISTRICT ISC76 -' -p..\ RECEIPT NO . Pak er1 o-v.& S110 DATE k24 tog fy3 APPL . CHECKED BY CANC...--- , 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 : Pt. NEIT. NEti Section 22, T7N, R67W TOTAL ACREAGE : 36.053 Has this property been divided from or had divi ctiig7q_ other property since August 30 , 1972? Yes X FEE OWNERS OF PROPERTY : vc C O 1983 Name : Lena Schlotthauer plauri1eg06s" Wela to. Address : r/n Helen Gehhardt,POBnx 124,Windsor, CO Phone : 686-9864 Name : Address : Phone : — Name : Address : Phone : • WATER SOURCE : Larger Parcel N.W.W.D. Smaller Parcel N.W.W.D. TYPE OF SEWER : Larger Parcel septic Smaller Parcel septic PROPOSED USE : Larger Parcel Agricultural Smaller Parcel residential ACREAGE : Larger Parcel 34.657 Smaller Parcel 1.396 EXISTING DWELLINGS : ( Yes or No ) Yes—housYes or No ) Yes — NH 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 . Lena Schlotthauer , Owner COUNTY OF WELD ) By: Helen Gebhardt, Authorized Agent STATE OF COLORADO ) Signature : ,OkA,ef/,br Authorized Agent Subscribed and sworn to before me this /SJ day of 2.ure-in-1 , 19 'T3 . ( SEAL ) Notary Public / � My ommission ex ires : 841004 x . w-x[ry A ,„ R.✓ Z ; *N °;Y N'Srfi'w,7 1`y:, ,k., i6 '�$�ak';'Y.d+� , :.. rye � a ,, n a ROBERT C. BOSLEY ATTORNEY AT LAW 520 MAIN STREET - P. 0. BOX 880 WINDSOR, COLORADO 8O550 (303) 686-7742 November 15 , 1983 Weld County Planning Department Greeley, Colorado RE : Schlotthauer and Gebhart Applications Gentlemen: This letter accompanies certain applications by Lena Schlotthauer , whom I represent, and certain of her children, for certain exemp- tions and permits . Lena Schlotthauer became the sole owner of the Northeast Quarter of Section 22 , Township 7 North, Range 67 West of the 6th P.M. , Weld County, when her husband died in 1979 . In her last will and testament, Mrs . Schlotthauer has given 40 acres of this quarter- section to each of her four children. She now has elected to make gifts by deed to her children at this time during her lifetime for estate planning purposes and to effect a substantial saving in probate and administration costs . This quarter of land has been in the Schlotthauer family for many years and the respective 40-acre tracts being given to the children by deed at this time will be used by those children and their res- pective families for the construction of family homes and for con- tinued agricultural purposes . If further information is desired regarding these applications , please contact me. Sincerely, Robert C. Bosley RCBjb 841004 Improvements not to scale, improvements location approximate Single access Weld County Road 80 to all improvements I- SE 210 Mobile home ZPMH 828 u ZPMH 827 Lot A Mobile HomeRE 663 Q a [1House .. ❑ Lot B RE 663 b rl 841004 X .-. mow_. - r RECD DED EXEMPT ION NO. 0705 - 22 - 1 - RE 663 ( SHEET 2 OF 2 1 .`H ww.,r WELD CO. -D. 80 30ie I_ i- •\' LOT A LOT a - 10 i I 1° O41) . JV O i O O. /00, 200' 300' 400' .,,,. � , Scale: /'- 200 , WELD C., RD. 78 • Pins found H- • Pins set LOCATION MAP Q •Spike set SCALE 11!000• 0 NWcor. NE44NE%4 Sec. 22 NEcor. Sec. 22,T. 7N.,R67K/. -2 WELD COUNTY ROAD NO. 80 Point of Beginning h N.90°00 E /5.00' N 90.00'004E. 932.95' 44. t 1 ,}Li 902. 94' v)' \ 1-. 1p. ''`n t. trl N N. it \ No N M 30' , -— R N 90°00'00'E. - N - 368.67' N LOT A - c /3, 4 /.396 Acres 368.67' ✓ 8.90°00'anti ' •• 94.3 LOT 8 0 36. /99 Ac. gross N AI - t. 542Ac. inR.O.W b 34.657 Acres net i4j Q on - ..'-'1vi: 5•�.<, ` 01 $ k oo h j V O W 3 ° • /286..5t 841004 6.89°59%/"W /3/$.32' I SK/cor NE Kt NE74 Sec.22 SE cor. NEV NE/4 Sec.82'• PROJECT NO. McRAE & SHORT, INC. 1227-Ste Annu° Greeley. Colorado BOOM a -. - .932/4 ‘ X RECORDED EXEMPTION . No. 0705 - 22 - 1 - RE 663 SHEET 1 OP 2 DATE: DECEMBER 16, 1983 OWNERS: LENA SCHLOTTHAUER AND HELEN GEBHARDT 101 MAIN STREET WINDSOR, COLORADO 80550 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 22 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 TO BEAR SOUTH 00° 01 ' 25" EAST WITH ALL OTHER BEAR- INGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00° 01 ' 25" EAST, 1321.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89° 59' 11" WEST, 1316.32 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 00° 02' 13" WEST, 1321.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 90° 00' 00" EAST, 15.00 FEET; THENCE SOUTH 00° 02' 13" EAST, 275.67 FEET; THENCE NORTH 90° 00' 00" EAST, 368.67 FEET; THENCE NORTH 00° 02' 13" WEST, 275.67 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 90° 00' 00" EAST, 932.95 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 37.595 ACRES OF WHICH 1.542 ACRES IS IN WELD COUNTY ROAD RIGHTS-OF-WAY , RESULTING IN A NET AREA OF 36.053 ACRES, MORE OR LESS. OWNERS' CERTIFICATE HELEN GEBHARDT AND LENA SCHLOTTHAUER, BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP: LENA SCHLOTTHAUi e �_ 7/ 'QUU HELEN GEBHARDT 1Q4I�G NOTARIAL CERTIFICATE STATE OF COLORADO )ss COUNTY OF WELD ) 77 11. THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THISG.'1 DAY OF , A,D.; 1982 BY LENA SCHLOTTHAUER AND HELEN GEBHARDT. MY COMMISSION EXPIRES: _ 3 , Lc S2 WITNESS MY HAND AND SEAL: c.�' . .T 2 t NOTARY PUBLIC Robert C. tosley P.O. pox 880, Windsor, CO 30550 - SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON DECEMBER 16, UNDER MY SUPERVISION AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. . S�> ��/lCeE� 04* 1 I EVF°. � GERALD B. McRAE, PROFESSIONAL ENGINEER AND -•*i 6616 t , LAND SURVEYOR, COLORADO REG. NO. 6616 tot %T NCOPPO mtmos COUNTY COMMISSIONERS' CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. ATTEST: COUNTY CAIN( CHAIRMAN, BOARD OF COUNTY COMMISSIONERS BY: DATE: 841004 NO- ztinn McRAE & SHORT, INC. 12x7-ern Anus Greeley, colored* $0131 :;- , Mama ,, _ 632/4- x , - • AGREEMENT FOR DRIVEWAY EASEMENT AGREEMENT made this January 16, 1984, between Lena Schlotthauer, a single person, (hereinafter Grantor) and Helen Gebhardt and Leon Gebhardt, as joint tenants, (hereinafter Grantees) , WITNESSETH: RECITALS A. The parties have an interest adjoining real estate situated in Weld County, Colorado, and described as follows : Grantor is the owner of Lot B of Recorded Exemption No. 0705-22-1-RE 663, situated in the Northeast Quarter of the Northeast Quarter (NE/4NE/4) of Sec- tion 22, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Grantees are the owners of Lot A of Recorded Exemption No. 0705-22-1-RE 663, situated in the Northeast Quarter of the Northeast Quarter (NE/4NE/4) of Sec- tion 22, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. B. The parties desire to create a common driveway between the above described adjoining lots owned by them for the benefit of each of them. THEREFORE, the parties agree as follows: 1 . An easement for a common driveway in favor of said Lot A, owned by Grantees, is created over the strip of land described as follows: A strip of land fifteen (15) feet wide for road purposes, more particularly described as: Beginning at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence East on the North line of said Northeast Quar- ter of Northeast Quarter a distance of fifteen (15) feet; thence South at right angles a distance of 440.67 feet, more or less, to the Southwest Corner of said Lot A of Recorded Exemption No. 0705-22-1-RE 663; thence West at right angles a distance of fifteen (15) feet; thence North at right angles a distance of 440.67 feet, more or less, to the point of beginning; for the purpose of creating a common driveway fifteen (15) feet in width for the benefit of both of the above described tracts. 2. This easement is superior and paramount to the rights of any of the parties hereto in the respective servient estates so created, and the parties further agree that it is a covenant that shall run with the land. IN WITNESS WHEREOF, the parties have executed this agreement at Windsor, Colorado, as of the date first above written./ 1/// Lena ) Sc(hl �tthhaauer, rantor By: /".� q�(' /7 0�r ✓E'(f" 7 l n Gebhardt, agent and atto ey in fact. Helen Gebhardt, Grantee Leon Gebhardt, Grantee 841004 ACKNOWLEDGMENT STATE OF COLORADO . ss COUNTY OF WELD The foregoing instrument was acknowledged before me this 16th day of January, 1984, by Helen Gebhardt, as agent and attorney in fact for Lena Schlotthauer, Grantor, and by Helen Gebhardt and Leon Gebhardt, Grantees. Witness my hand and official seal . My Commission expires: September 23, 1987 1 (U/ Notary Public P.O. Fix 880 Windsor, CO 80550 841004 y yy N 0. - 22 - I - Pi (-fl SHEET 2 OF 2 1 WELD C1 RD. . J a LOT A LOT S OJa p V \ N , er .,, \ Sec-z2, r. 7N., I 627W a - ci O . k 0' /00' ZOO' 300' 400'. S , WELD C . RD. 78 Scale: I".200' —� _ ■ : Pins found { 0• Pinsset LOCATION MAP Q •:Spike set SCALE' 1'•3000' 4 NW cor. NE%4 NE%4 Sec. 22 NE cor. Sec. 22, T 7/V.,R.67W. I -e ( WELD' COUNTY ROAD NO. 80 Point of Beginning 5 N.90°0000'E. /5.00' N. 90°00'00 E 932.95' o /1► -- e ; W 902. 94' o in \ t- -.. i. m Z N 10 h 0 t: No N M 30' - N. 90'00'00'E. - °o 368.6,7' O % c LOT A 4igs in /.396 Acres /5 36847' S.90°00'OOW. O M LOT B ti 36. /99 Ac. gross ti - I. 542 4c. i7 ROW. m o en o 34.657 Acres net Ez 3 ti ti o in, o Nl o F. oo o2 o o cii O v 3 /286.32' 589°59'//"W /3/6.32' Vi - Sif/cot NE/4 NE Y4 Sec.22 SE cor. NE 74 NE/4 Sec.22 841004 PROJECT HO. McRAE & SHORT, INC. 1227-8th Arena Gr•°I°y, Colorado 80534 632/4 Nag 0705 - 22 - I - DE 663 SHEET 1 OF 2 DATE : DECEMBER 16. 198: - OWNERS : LENA SCHLOTTHAUER AND HELEN GEBHARDT D 1,/ 101 MAIN STREET rb �j7 WINDSOR, COLORADO 80550 ,,4 9i ii LEGAL DESCRIPTION ? A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22 , TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY , COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 22 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 TO BEAR SOUTH 00° 01 ' 25" EAST WITH ALL OTHER BEAR- INGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00° 01 ' 25" EAST, 1321.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 89° 59' 11" WEST, 1316.32 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 00° 02' 13" WEST, 1321.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 90° 00' 00" EAST, 15.00 FEET; THENCE SOUTH 00° 02' 13" EAST, 275.67 FEET; THENCE NORTH 90° 00' 00" EAST, 368.67 FEET; THENCE NORTH 00° 02' 13" WEST, 275.67 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 90° 00' 00" EAST, 932.95 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 37.595 ACRES OF WHICH 1.542 ACRES IS IN WELD COUNTY ROAD RIGHTS-OF-WAY , RESULTING IN A NET AREA OF 36.053 ACRES, MORE OR LESS. OWNERS' CERTIFICATE HELEN GEBHARDT AND LENA SCHLOTTHAUER, BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP: LENA SCHLOTTHAUER • ' j HELEN GEBHARDT ` NOTARIAL CERTIFICATE STATE OF COLORADO )ss COUNTY OF WELD ) 7. n(� THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS? DAY OF 6cCc,,,,I, re---, A.D. , 1983 BY LENA SCHLOTTHAUER AND HELEN GEBHARDT. MY COMMISSION EXPIRES: ---_—.----2.? . l cl €7, `T WITNESS MY HAND AND SEAL: \c,, c , c - St L. NOTARY PUBLIC Robert C. 6osley 4 F.O. Pox 880, Windsor, CO 30550 , SURVEYOR' S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON DECEMBER 16, UNDER MY SUPERVISION AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. �� ""fo ��o ;%-p B. 17 �o. "_. / _/`* fG`.' c GERALD B. McRAE, PROFESSIONAL ENGINEER AND *� 6616 t LAND SURVEYOR, COLORADO REG. NO. 6616 sot Nom: s o a .F ' 9 S;• O . COUNTY COMMISSIONERS' CERTIFICATE ':'tin O THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING. J.�¢" .L J S'�sew*I C IV A'. 7/'7 .?'�..y.t..'; ( , .-tLa.'• - *' J -q Its ,. . ATTEST: 'plai COUNTY CLERK CHAIRMAN, BOARD OF COUNTY COP111ISS ' BY: 4.-t--.--9.4-.), r,`_ �.�.1.w.s DATE: � �WY1'��f�P/ /.3 / 8 V 841004 ` PROJECT Mo. 12:7 . C0lort:o C”31 832/4 Hello