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HomeMy WebLinkAbout920222.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1397 - MERLE D. AND KARLA L. GRIESER 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, a request for Recorded Exemption No. 1397, submitted by Merle D. and Karla L. Grieser for property which is located in part of the E} NWt of Section 21, Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 35.46 acres and 4.52 acres. WHEREAS, after reviewing the recommendation of the Planning staff and hearing the testimony presented, the Board determined that the motion for approval shall fail and therefore said request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that this proposal evades the purpose of the Weld County Subdivision Regulations as defined in Section 1-3. 2. The Board feels that this proposal and the existing land splits in this area do not represent efficient and orderly development. 3. The Board feels further residential development in this area will create an increased demand for urban-type services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption #1397, submitted by Merle D. and Karla L. Grieser be, and hereby is, denied. 920222 Cc. ' r'�., arir RE: RE #1397 - MERLE D. AND KARLA L. GRIESER Page 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the follo wing vote on the 11th day of March, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED DATE OF SIGNING (NAY) George Kennedy, Chairman By: �/r.� - /irk l� p.�..��.e� ,r���[l, (AYE) Deputy Clerk to the Bo Constance L. Harbert, Pro-Tem APPROVED AS T ORM: NAY C. W. NAY ounty Attorney Go a y AYE W. ebste 920222 Ca„ TO: BOARD OF WELD COUNTY COMMISSIONERS RE: APPLICATION FOR RECORDED EXEMPTION BY 1vi.ffi1 _- KARLA GRIESER, NO. 1397 , LOCATED AT 20390 WELD COUNTY ROAD 44, LASALLE, CO . WE, THE UNDERSIGNED, LIVING IN CLOSE PROXIMITY TO THE ABOVE PROPERTY OWNED BY THE GRIESERS, HAVE NO OBJECTIONS TO THE DIVISION OF THEIR LAND AND THE CONSTRUCTION OF ANOTHER HOUSE IN OUR AREA. WE RECOMMEND THAT PPROVAL OF THEIR APPLICATION FOR RECORDED EXEMPTION BE GIVEN. c 1. )4 . a l , Le.,,Hii.tc_ ___;:;) . .,.,,, ),-x _.(e,,, / ..,. a >10- .' o. J r ,7,2�Az af ,) r1 CIL:A.(41 64 0 / Z-- POOOV A///II e 6 ; - - -- ZL___,,,,,,,,„ n , ,_ ,y, ,_,-d---)-), .-,,,z_J;; :330222 r r n ni T0: Connie Harbert U!`f. 'field County Commissioner R : Recorded ;exemption Application No. 1397 Dear D+irs . Harbert: Attached is a revision of the proposed lot to include the already existing drive from „CR 44, eliminating the necessity of additional access onto the road itself. If the above application is approved, a stipulation for the use of our drive as access to road 44 can be included by this revision. This changes the pro- posed lot size from 4.52 acres to 4.98 acres, and the remaining lot size to 35 acres. Also attached is a letter from other neighbors that do not oppose this division. Even though we openly discussed this with our neighbors and made them aware of our application, we were not aware that their letter would be presented at the hearing; conse- quently, we did not present this at that time . Perhaps you can. Thank you again for your time , consideration and support. tie ectfully, Lerle & Karla Grieser 90222 - _ / ,� C . k. "Li ,✓164 c2/-y-‘.9 _, .u-cy•3 6e— Rec..sPSY:G I--____> <_____F—/O t,L7/.o nY j ( 0w.r/crat9,f .,l I flute../. l /ICI c, f, / \ L( O•HI,dG44 )I CGISf:n7.) Ik III \ \ `\\\ 11, \ \ II II II • I k- � a aO1CSnit 1 ll (cx13li J) I 3 8 4� Io II I cAtvit aM I mass' N II i II strikat Abrfh9G/46) I E/h,1i/+//A• IG `o Sc/ E / •/Sa o II icAcf 6 * Suruey ?an _I I L _, NI.- n 6 I C WI vt1 1 \ L_ - 653'. 0& ; ,Ca22 S 89' x-3'37"�. cre cox. (fit DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 111k. GREELEY,COLORADO 80631 COLORADO February 26, 1992 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1397. Dear Commissioners: This request for a recorded exemption is submitted by Merle D. and Karla L. Grieser. The parcel of land is described as part of the E2 NW4 of Section 21, T4N, R65W of the 6th P.M. , Weld County, Colorado. The property is located south of Weld County Road 44, approximately .5 miles west of Weld County Road 43. The request is to divide a 39.98 acre parcel of land into two lots of 35.46 acres and 4.52 acres. This parcel is the total contiguous landholdings of the applicants. Water service to both lots is proposed to be provided by Central Weld County Water District. Sewer service has been proposed as septic system. Water and a septic system are both existing on the proposed 35.46 acre parcel. Access to both parcels is from Weld County Road 44, a paved Weld County arterial. The Department of Planning Services' staff recommends this request be denied. This 39.98 acre parcel is Lot B of Recorded Exemption 789, approved in 1985. As shown on the attached aerial photograph, the east half of the northwest quarter of this section, in which this parcel is located, already contains four small lots. Further divisions of property in this area may evade the intent and purpose of the Weld County Subdivision Regulations. Two other recorded exemptions have been approved in the north half of this section since 1974. These exemptions created a 2.30 acre parcel, a 17.65 acre parcel, a 7.69 acre parcel, and a 69.409 acre parcel. All of these properties access directly onto Weld County Road 44. Sufficient reasons have not been given by the applicants to warrant creating an additional lot at this time. The intent of the recorded exemption process is not to enable the property owner to reduce debt to a more manageable level. 920222 Board of County Commissioners February 26, 1992 Page 2 The level of development and the potential for continued division occurring in this area warrants concern. This proposal is not consistent with efficient and orderly development. Residential development in rural areas necessitates an increased demand for urban-type services such as road maintenance, police and fire protection, school busing, snow removal, and utilities. Service demands increase as density increases. The staff requests that the Board of County Commissioners deny this request. Respectfully submitted, Lanell J. Swanson Current Planner LJS/sfr 7-,.• V,1' K+--t, •�: 1. ar Imitrt ▪ ••I e _ _ N:.ojj „ �_oe. . . r . c ' t, ,. , I r „ 1` `.11• `- •— I. :4..:is • t• •t [:::.•.. -- - ........ o pl .� :\ .� �• re0,-,‘,,,,, � i• I • ' I /...30 •- ,,,,,„_,, NON PC/F/C • .i•.sd • 1 • C1 �. • • I e.. • 2. 7 • ;....c,-.1. \\ .� • ,�I C ISM /y- �. ._r7 —� L: •11 i f ' _.a it.. C. 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(\) 7 I \\„. 1 �., 1 7 J 1 I I 1• �� µ. lj ' 1 N' ° �� i I s ` •• Ii Lr. Urao I \ ri r � J I nnt� V rrrrulr it i 1 / ii c22 • 1. ( I ( I , ( / �„) l • 1 V u (29 (� ",u$ : .. If) 1 `14900 �J /i / I, ( \j". W' 1 t. Cry ; I , \ ifAp° %-JP��, 3 .rte u�ir0, i 111 -lict E • ' R 3 '� Pj• `,µ RF Il . J{{M�RM^T�'1�'i'j�ilF+"' "' _—/ -..fiM b Villa. ii ..izr r c.„k ` jl 1 I J . x31 4 iF ` I mss Y1 1 ,F �6wwri.... ' i` Six x M1 i k.Y F,1_,• •o, i' i cif • n tit N.:: •,.. '44,- i 411 f $y cA J1H i `�. 055) 0 i • I / w 054 ' Y . . de/ �'F. t„ zf Itm R k ut • iF: tic ,:" f yi WY a. riy t Y 'tai5�( FIELD CHECK FILING NUMBER: RE-1397 DATE OF INSPECTION: February 20, 1992 APPLICANT'S NAME: Merle D. and Karla L. Grieser REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the E2 NW4 of Section 21, T4N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 44, approximately .5 miles west of Weld County Road 43. LAND USE: N Weld County Road 44, 1 residence, dairy. E 2 residences, nonproductive farmground, oil and gas production. S Nonproductive farmground. W 1 residence, nonproductive farmground. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to both proposed lots is from Weld County Road 44, a paved county arterial. Proposed Lot A has been in weeds. Proposed Lot B contains a house and outbuilding and nonproductive farmground. The property slopes upward south from Weld County Road 44 and then down. The existing house is behind a hill and is barely visible from Weld County Road 44. Cu rent Pla er ` 97,0222 REFERRAL LIST NAME: Merle D. and Karla L. Grieser CASE NUMBER: RE-1397 REFERRALS SENT: January 29, 1992 REFERRALS TO BE RECEIVED BY: February 12, 1992 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service _Broomfield Emergency Management Office _Dacono Sheriff's Office _Eaton _Engineering _Erie _Housing Authority _Evans Airport Authority _Firestone Building Inspection _Fort Lupton _Frederick STATE _Garden City Division of Water Resources _Gilcrest Geological Survey Greeley _Department of Health Grover _Highway Department _Hudson _Historical Society _Johnstown Water Conservation Board _Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont Berthoud F-2 _Mead Brighton F-3 Milliken _Eaton F-4 New Raymer _Fort Lupton F-5 Northglenn Galeton F-6 Nunn _Hudson F-7 _Platteville Johnstown F-8 _Severance La Salle F-9 Thornton _Mountain View F-10 _Windsor Milliken F-11 _Nunn F-12 COUNTIES _Pawnee F-22 Adams Platteville F-13 Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER 99,fl4?; mEmoRAnDum Wi`lie To Weld County Planning February 19, 1992 Date 6- l 9u' �C COLORADO Judy Schmidt, Supervisor, Environmental Protection✓Seres From Subject: Case Number: RE-1397 Name: Grieser, Merle D. & Karla L. Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. JS/lam-E284 _ fir.?.' 1_,.._I r �I FEB 1 `J 1:92 1.c 9C222 V - APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 �A,' 2 ' 1992 11 Department of Planning Services, 915 10th Street, Gree Slorado 806 Weld tuiri.4 NNOttah r FOR PLANNING DEPARTMENT USE ONLY: ,- APPL. FEE t b CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. 12469 DATE APPL. CHECKED BY TO RE 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: Lot B of Recorded Exemption No. 1055-21-2-RE 789, recorded Sept. 18, 1985 in Book 1084 as Reception No. 2025286. More particularly described on attached property improvement location plat. TOTAL ACREAGE: 39.98 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Merle D. Grieser Address: 20390 WCR 44, LaSalle, Co. 80645 Phone: 28ti.-6284 Name: Karla L. Grieser Address: 20390 WCR 44, LaSalle. Co. 80645 Phone: 2814.-6284 Name: Address: Phone: WATER SOURCE: Larger Parcel C.W.c.W_n- Smaller Parcel C.W. C.W.D. TYPE OF SEWER: Larger Parcel Septic/Leech Smaller Parcel Septic/Leech is presently PROPOSED USE: Larger ParcelMini-farm Smaller ParcelM'ini—farm hnpogite homesite ACREAGE: Larger Parcel 35.46A. Smaller Parcel 4 52 A EXISTING DWELLINGS: (Yes or No) Yes (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 and correct to the best of my knowledge. COUNTY OF WELD ) / 7,e-tC< ��✓� STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscr' nd sworn to before me this (.O - day 19a, °: 9,714. 3•. Notary Public My Commission Expires /C- /1.5 s 2�yy TO: WELD COUNTY PLANNING COMMISSION RE: REQUIRED STATEMENTS FOR AN APPLICATION OF RECORDED EXEMPTION. Our purpose of this request to divide our land into two parcels is to enable us to sell the smaller parcel as a means of reducing our debt to a more manageable level, both now and for our future retirement security. We have no desire for a sub-division or further division of this land. We do intend to retain 35 acres for space and to meet well drilling requirements. As this property is all non-productive agricultural land, and has been during the past 15-20 years, this proposal is consistent with the policies of the Weld County Comprehensive Plan in that the land would not be removed from agricultural use. Our proposal is consistent with the land's present zoning of "A" in that our intent is to maintain it for agricultural use. Although we have not had the finances to do so , we do intend to fence the 35 acre lot for grazing and mini-farm. The smaller lot would also be sold for a mini arm. By maintaining a small farm appearance and utilizing the land for grazing, the property will be compatible with existing surrounding land uses of corn, wheat ground and pasture. This land is four and one-half miles south of LaSalle, and should re- main zoned for agriculture in the future. The subject property is currently in volunteer rye. At one time, the ground was plowed and planted to wheat, until the rye took over and made it impractical. For the past 15-20 years, nothing has been done with the land. It lies on a high rocky sand hill that is impractical for use other than pasture. There are presently adjacent and nearby properties that are small farms and small acreages with attractive homes on them. The addition of another home should only enhance the area keeping development orderly and to a minimum still maintaining the small farm look that is consistent with the area. Attached is a letter dated June 12, 1991, from Central Weld County Water District that confirms availability of a domestic tap for the proposed lot. We propose installation of a septic tank/leech field sewage disposal system for the smaller subject lot. The subject property is not located in a flood plain, geologic hazard or in the Weld County Airport overlay district. Respectfully submitted, / Merle D. & Karla L. Grieser 20390 W.C.R. 44 LaSalle, Colorado 80645 9►f--0222 it — ddfl# /7cre. /71 c. R. -LP/ t4 b f � `,sv 'i ya u , , yea P,ne,t (wctiereri,/bclhrc) 1O I el(e.;74-;), fi., fa$SEj) 24"f (e z. ex;sfln1� I�I Ws, % ads szcc.--, he's. I 114 w \`s�► a f+ao'Fsmf. 1r) 8 t6 I I • \ - O� p Q cam- \sI-srget Noose- � N I 1 a tt r I dotal. rst (tibrih h46) tiSCALE /tr= �� 'lit- Survey Pin 0— I if�/ /1✓;i6 Lr I\yI 1 a6 ' it:).-..;0222 S f9° n:97"E, CTP. cok _ 39 .C.R. 44; LASALLE , CO (T.P.0.8.) N.I/4 C0R. 21-4-65 �� {___ _ - N.0O°56'05' E._ _, 2647,26' tN CU 3 II Er 1t; O 0 Ur S ' Si W L` I kii.i t sea Deter;I below O ti ��-. b t9 M t 7 h t� I Q to IM T II O I11p O O +tZO N --OH Cr, CO et— N CO 1 913 t — — — '" 2471 ; 16311 (N t S.00"55'58"W. 2646.04' o 1 11 so Tan =LO iIscl o shed '1 2516' • 241 "1--.49- Tala l0 3 \ SCALE: in /-story , ix PLOT— 111.300' di Frame * �p9 ' DETAIL- Imm30' MNo ■ -FOUND PIN 10.3' CO ili • p6.6' ILEGAL DESCRIPTION Lot B of Recorded Exemption No. 1O55-21-2-RE 789, recorded September 18, 1985 in Book 1084 as Reception No. 2025286, being more particularly described as follows: That part of the East Half of the Northwest Quarter (E1NMA) of Section 27, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner (NIL Cor) of said Section 21, said point being the TRUE POINT OF BEGINNING; Thence along the North line of said Section 21 West 658.17 feet; Thence South 00°55'58" West, 2646.04 feet to a point on the East-West centerline of said Section 21; Thence South 89°53'37" East along said East-West center- line, 658.06 feet to the Center Corner of said Section 21; Thence North 00°56'05" East along the North-South Centerline of said Section 21, 2647.26 feet to the TRUE POINT OF BEGINNING. Said described parcel contains 39.98 Acres, more or less, and is subject to any rights-of-way of other easements as recorded by instruments of record or as now existing on said described parcel of land. Also including an easement for pipelines as reserved in deed recorded August 18, 1977 fn Book 674 as Reception No. 1595886, described as that part of the 80084 of Section 21, Township 4 Nutt I,, Range 65 Went of the 616 P.H., described as follows: A. An underground irrigation tile or water pipeline, with construction right-of-way 70 feet in width and maintenance right-of-way 10 feet in width, the centerline of which shall be 35 feet South of the North line of the property hereinabove described. Said pipeline to be buried a minimum of 36 inches below the surface of said property. B. An underground soft water pipeline, with construction right-of-way 20 feet in width and maintenance right- of-way 10 feet in width, extending North and South along the extreme Easterly 10 feet of the lands above de- scribed and conveyed to Grantees. Said pipeline to be buried a minimum of 36 inches below the surface of said nrnnrrr.v. SURVEYOR'S CERTIFICATE To the Lienholders and/or the owners of the premises inspected, and to I.A. #802223 : The undersigned does hereby certify that the inspection this day made on the ground of the property legally described hereon and is correct, and that there are no visible discrepancies, conflicts, shortages in area, boundary line conflicts, encroachments, overlapping of improvements, earl t {''..ro,, rights-of-way in evidence or known to me, except as shown hereon, and that said property has seep ac-tY tad 'exit �'s"1 dedicated roadway. The foregoing is shown with an accuracy necessary to satisfy the needs of/a ndtll'1'oOINilytt . This plat is not iudery survey and is not to be used for any pun pone whatsoever other ftn those apecetJlt Ily stated above. `*:m 4392 W • •a Inspection Date: July 21, 1986 3 ��.1ASItR FRE . . rado P.E. and L.S. No. 4392 $••11,:-'•••t•A •••O�• C,Fi.. '43'R. 22 .4,-,or cu " 'REESE ENGINEERING , 2505 6TH AVE. , GREELEY, CO 80631 'ROJECT : 1986-154 1 I ECOR0 4 ' "EXtMP1IONL N 1035-21 -2-RE 789 B 1084 REC 02025286 09/18/85 12 : 11 $6. 00 1/002 Fyn. tyOO9 6flo. '"a390 F 1834 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO N. I/4 CO R. WELD CO. ' RD. 44 21- 4"65 I s- .--- ------- f Jr/ . ; ,111:',i', . i ,� s. , 3=�.' 658. 17'O. 11 1 ( 1 f'I'1 !. i 1 ' fi ,Bk( 674, Rec. 1595886 ;? cm ;; 1 1 t 4 O: n1Q4'� b _159 � blir• j N `, ' to fk ' ' � .4);., '�� f' 20r ESMT. 1 A yli* 1' , , 1 X41 { a,, ., �20• ',Ecsemenf y " " .' R n '�l� r �.� ,, . - C}'' ÷,,14';',ti 1� .'1 „It, J� BK 674'^` Rao:, 1595886 ` .I` i. , N co 'i-141., T. . . too. �. r ,);:', ,,A ,„1„,,, ' . y r i. N '' if, N89°56'48"W�, : ,e - ,t. i � '.1. N � k658.12' ° 'Qr�LusE2,rncQLE )1...,_ ` i ; '' `:' 20 -- wee 44 , ai r I w3 1 I N ` Y'4.:', t Nii�� N 1p 1 w,,. '4; '4' O In. .i n u LOT B ''.11.11 's N o'.4', ,, : L , I.'d 39nc. Rd. -AO. R.0.W. Zw "'" LOT' 'A" — Z� Inc: Rd. .O. o Z1 - I9.i98 `.AC.I" ii�;,,,,..'y, ,�t ' :�. ': in YM' dr n ', `, dh' . ., u Z J) SCALE: O _ .el MRvt+ 6thomt J I; .. I =200' -FD. PIN k, 658.06' ' ' 658.06' • -ST. PIN S89°53'37"E 1316. 12' CT R. CO R. 21 -4-65 .LOT "A"; 19.98 ± ACRES 17 T. 4 N 16 15 LOT;;"6 = 39.98 + ACRES R. 65 Ww,c.R. 44 TOTAL = 59.96± ACRES ` 'OWNER: 11 BEULAH BOHLENDER LOT eT " � 105 N. 4TH ST. 3 LASALLE, CO 80645 20 2I , a f; s ' • vie.R. 42' i t 29 I{ ' , x' 28 8 ', , 27 l; VICINITY MAP u SCALE: 1%2000' PURPORTED COPY 97,0222 PROJECT: I985 -169 FREESE ENGINEERING SEq{P�T❑. 9, 1985 F. ,.Q.L..a_ Ir WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Order No. 8506346 The 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: Property in the County of Weld, State of Colorado, as setforth in Exhibit "A" attached hereto. CONVEYANCES (if none appear, so state) : Reception No. 02025629 , Book 1085 ( See copies attached) Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 12th day of September , A.D. , Ital. at 7 • f10 A M o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By: E :97 f Al/_1J6 .i A THORIZED SIGNA E Oricr No. 83D6 -6 EXHIBIT "A" Lot B of Recorded Exemption No. 1055-21-2-RE 789 , recorded September 18 , 1985 in Book 1084 as Reception No. 2025286, being a portion of the following described property: The E1/2 of the NW; of Section 21, Township 4 North , Range 65 West of the 6th P.M. , EXCEPT that part conveyed by Deed recorded August 18 , 1972 in Book 674 as Reception No. 1595886, being more particularly described as follows: BEGINNING at the North Quarter corner of said Section 21 , thence along the North line of said Section 21 West 658 . 17 feet to the TRUE POINT OF BEGINNING; thence continuing along said North line West 637 . 69 feet to the Easterly Right-of-Way line of that certain parcel of land described in Deed to Farmer' s Reservoir and Irrigation Company in Deed recorded under Reception No. 167616 records of said County; thence along said Easterly Right-of-Way line S9°24 ' 00"W, 139 . 02 feet more or less to the West line of the E' of the NW; of said Section 21; thence along said West line SO°55 ' 50"W, 1185 . 23 feet to the South line of the N1 of the VI of the NW; of said Section 21; thence along said South line S89°56 ' 48"E, 658 . 12 feet to a line which bears NO°55' 58"E and passes through the TRUE POINT OF BEGINNING: thence along said line NO°55 ' 58"E, 1323. 02 feet to the TRUE POINT OF BEGINNING. 320.222 r • AR2025r29 •. D 1085 RISC 02025629 09/23/05:--10,19 • :--69.00 1. 1Y.003 •7Re -. F 0410 MARY ANN FEOERBTEIN CLERK A RECORDER WELD COs"CO•i YL4Iz Etsbp Matta, 20th dart September Nwpmd eve Lad , ea tNered SeMinded eighty-five bet.'... - BEULAH F. BOHLENDER . wr.a street address Is 104 N. 4th St. •City ex Tama of LaSalle . .rd aim Weld dstw et Cash, peat, MERLE D. GRIESER and KARLA L. GRIESER abase stoat address Is 23222 Weld Co. Rd, 34 1/2 .ap et Tend IraS4Z1e 80645 •ass I of the Casty of Weld ad Hated Oasis,ef tbewart pet; p. Vne•.sstb,7let w mud t Y d the MIN pa,.fad r*Maintain d w.end other gpod and valuable consideration and TEN and NO/100 DOLLARS, to ties add prt.Y.' d the fat put rhead paid by*M.48 paid..d the re.ed part,the soap wand le lathy MO. w dd S.lb.add s II tir r the seed pa..a.a.tn.sq by w.'.....r 4t8..p..�,,y,p{,, pareexY ems r toms bit I.NSMse4,w sane •,• the•that adsa and the Yiw ad saga d.oa warren lens,.1 the feewly denied hi •••parr d bad eras,pre sad big la w cams d • Weld • d state d Wends twat. _ ySEPu 1Jlr SEE ATTACHED DESCRIPTION 1 • • • • • • . ,. 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C Yeb, le- ea .eean reservatlans re �779g8 e•A,,, Fg.411'•t puttyi�liityyyy lllmnnns 98fi t1 i le a�6d� adibe 3en Ws•adpafld t p.aabr pn..da d w amid patl.s d w rend stud vdaer d Ib•s Week sign d W Din sod d welt serdrn,skeet.s d awl pine a pa..an less*,tidal,'et D this t AKA, r. pert tbned,w Si pat 7 Other ant pert than sad A WARRANT AND POMP= '• • la tans Telee.et,The ate part Y of Oirent.peltla s bneats sit her mei w dap dery iw.Wn nfga Rp.d,,.dart ad Deland Y w Massa d iL#_ t n et � d- pare . beUtah1,?Ohl de ender X1a STATE OF COLORADO, Weld •L...I4 .i...wr bda*were SW r ?O dy.(.1(� s A•� a SD NL' • li Beulal/ Bohlander. • .• .N 7 S G Wilma q had d ' ..:e.cp.. f J J�. ly.semied.e give "ztl�p 9 �'�f'1 . till!5. 4 Say �e..fyF��tk pwaera-•-•• WARRANTY DECO TO JOINT Tcn nin.C T.Amid BSI amt d isa.tb,ANN;pa n, pere.Ta=M.Ite..mr . Mr Main Adna . . rt_ ':r:'.C•z..1b^a-.7 . Azift:f +;'.:e...ti:"-`y s.C ±►.?i-ti,: r '0-Kart.• ;,gl.222 9 c B 1085 RISC 02025629 09/23/85 lode ice• P 0411 MARY ANN FEUERSTEIM ca g RZComm OLD 2/003 PARCEL 1: ~ 1985 Lot A of Recorded Exemption No. 1055-21-2-RE 789, recorded September 18, cribednass follows:k 1084 asPartsofion theNo.EastOHalf6(E1/2)gofo the particularly tlQ des- . ,. five/4)(65)1Westtofntheee6th P.M.,2being moreiparticularlyo described Quarter follows: Beginning at the North Quarter Corner (N1/4 Cor) of said Section 21, thence along the North line of said Section 21 West 668.17 feet; thence South 00055'58" W, 1323.02 feet to the TRUE POINT OF BEGINNING; thence North 89°56'48" W 658.12 feet; thence South 00°55'60" W 1322.41 feet; thence South 89°53'37" E 658.06 feet; thence North 00°55068" E 1323.02 feet to the TRUE POINT OF BEGINNING. PARCEL 2:1985 Bin1Book Recorded 1084 as Reception No. 2025286,, beition No. 1055-21-2-RE ng recorded pr September e , des- cribed as follows: The East Half (E1/2) of the Northwest Quarterly r 1/4 of Section Twenty-one (21), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., EXCEPT that part conveyed by Deed recorded August 18, 1972 in Book 674 as Reception No. 1595886, being more particularly described as follows: BEGINNING at the North Quarter corner of said Section 21, thence along the North line of said Section 21 West 658.17 feet to the TRUE POINT OF BE- .y., GINNING; thence continuing along said North line West 637.69 feet to the Easterly Right-of-Way line of that certain parcel of land described in Deed to Farmer's Reservoir and Irrigation Company in Deed recorded under Reception No. 167616 records of said County; thence along said Easterly Right-of-Way line S 9°24'00" W, 139.02 feet more or less to the West line of the East Half (E1/2) of the Northwest Quarter (NW1/4) of said Section 21; thence along said West line S 0°56'60" W, 1185.23 feet to the South line of the North Half (N1/2) of the East Half (E1/2) of the Northwest Quarter E,658.12of feetid tosa line whtion ichhence bearsaN 0855'58" Eid uth and passses8through the TRUE POINT OF BEGINNING; thence along said line N 0°55'58" E, 1323.02 feet to the TRUE POINT OF BEGINNING. ALSO EXCEPT Lot A of Recorded Exemption No. 1055-21-2-RE 789, recorded September 18, 1985 in Book 1084 as Reception No. 2025286, being more par- ticularly described as follows: Part of the East Half (E1/2) of the North- west Quarter (NW1/4) of Section 21, Township 4 North Range 65 West of the 6th P.M., being more particularly described as follows: Beginning at the North Quarter Corner (N1/4 Cor) of said Section 21, thence along the North line of said Section 21 West 658.17 feet; thence S 00°55'58" W, 1323.02 feet to the TRUE POINT OF BEGINNING; thence N e9°56'48" W 658.12 feet; thence S 00°55'50" W 1322.41 feet; thence S 89°53'37° E 658.06 feet; thence N 00°55'58" E 1323.02 feet to the TRUE POINT OF BEGINNING. PARCEL 3:An for ress ed insdeedtrecorded Augustd18,egrescross a s Book portion 74 asn of the Reception No 159 oonvey- 886, described as that part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section Twenty-nne (21), Township Pour (4) North. Range Sixty-five (65) West of the 6th P.M., described as follows: BEGINNING at the North Quarter corner of said Section 21, thence along the North line of said Section 21 West 1295.86 feet to a point on the Easterly line of that certain parcel of land described in Deed to the Farmer's Reservoir and Irrigation Company recorded under Reception No. 167616 records of said County, said point being the TRUE POINT OF BEGINNING; thence along said Easterly line S 9°24'00" W. 139.02 feet to the West line of the East Half (E1/2) of the Northwest Quarter (NW1/4) of said Section 21; thence along said West line S 0°55'50" W. 1185.23 feet to the South line of the North Half (M1/2) of the East Half (E1/2) of the Northwest Quarter (NW1/4) of said Section 21; thence along said South line S 89°66'4e' East. 20.00 feet;,.- thence N 0°55'50" E. 1183.44 feet; thence N 9024'00•.E.,140.65 feet more or less to the North line of said Section 21; thence along said North Sins ' z's0u}. , . tr.,;; L, 9740.2Z2 B 1085 REC 02025629 09/23/85 bile - '4 ' ! 0412 MARY ANN IEUERSTEIN CLERK _8 RECORDER WELD CO,OOCO ♦ `ye. West 20.48 feet more or less to the TRUE POINT OF BEGINNING. Also an easement for pipelines as reserved in deed recorded August 18, 1972 in Book 674 as Reception No. 1596886, described as that part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section 21, Township 4 North, Range 66 West of the 6th P.M., described as follows: A. An underground irrigation tile or water pipeline, with construction ,.> right of way 20 feet in width and maintenance right of way 10 feet in width, the center line of which shall be 36 feet South of the North line of the peoperty hereinabove described. Said pipeline to be buried a minimum of 36 inches below the surface of said property. B. An underground soft water pipeline, with construction right of way 20 feet in width and maintenance right of way 10 feet in width, extending North and South along the extreme Easterly 10 feet of the lands above described and conveyed to Grantees. Said pipeline to be buried a minimum of 36 inches below the surface of said property, • • 4 • • qL i 4 92CP.222 aWe CENTRAL WELD COUNTY WATER DISTRICT June 12, 1991 Merle D. & Karla L. Grieser 20390 Weld Co. Rd. 44 LaSalle, CO 80645 RE: Water Service Dear Mr. & Mrs. Grieser: This letter is in response to your request for the availability of additional water service for the following described property: SEE ATTACHED LEGAL DESCRIPTION Water service is presently available to the above described property by tap number 1227 located on Weld County Road 44 between Weld County Road 41 & 43. Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT wawletiq aagc Wanda M. Grage Office Manager WMG/j ma 20222 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager Merle D. & Karla L. Greiser 20390 Weld Co. Rd. 44 LaSalle, CO 80645 Tap #80-31-A PARCEL 2 : — -- — — Lot B of Recorded Exemption No . 1055-21 -2-RE 789 , recorded September 18 , 1985 in Book 1084 as Reception No. 2025286 , being more particularly described as follows : 27.)!'i The VI of the NW; of Section 21 , Township 4 North, Range 65 West of the 6th P.M.', EXCEPT that part conveyed by Deed recorded August 18 , 1972 in Book 674 as Reception No. 1595886 , being more particularly described as follows : BEGINNING at the North Quarter corner of said Section 21 , thence along the North line of said Section 21 West 658 . 17 feet to the TRUE POINT OF BEGINNING; thence continuing along said North line West 637 . 69 feet to the Easterly Right-of-Way line of that certain parcel j of land described in De.'d to Farmer ' s Reservoir and Irrigation Company in Deed recorded under Reception No. 167616 records of said County; thence along said Easterly Right-,,f-Way line S9 ° 2.1 ' 00 "W, 139 . 02 feet more or less to the West line of the E1/2 of the NW; of said Section 21 ; thence along said West line S0 ° 55 ' 50"W, 11135 . 23 feet to the South line of the Nt of the EI of the NW; of said Section 21 ; thence along said South line 589° 56 ' 48"E, 658 . 12 feet to a line which bears N0° 55 ' 58"E and passcnthrongh the TRUE POINT OF BEGINNING ; thence along said line N0 ° 55 ' 58"E, 1323 . 02 feet to the TRUE POINT OF BEGINNING . . ----- • 9Z®222 • t5 DEPARTMENT OF PLANNING SERVICES • PHONE(303)356-4000,EXT.4400 I 91510th STREET 111GREELEY,COLORADO 80631 C. COLORADO 44 January 29, 1992 Merle D. and Karla L. Grieser 20390 Weld County Road 44 LaSalle, CO 80645 Subject: Recorded Exemption #1397 Dear Mr. and Mrs. Grieser: Your recorded exemption application is complete and in order and will be processed on or before February 28 , 1992. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please feel free to call me. Respectfully, /� (— -.`L[ Q r q d Lanell J. son Current Planner LJS/sfr 920222 Kit DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 11 C. COLORADO February 21, 1992 Merle D. and Karla L. Grieser 20390 Weld County Road 44 La Salle, CO 80645 Subject: RE-1397 - Request for a Recorded Exemption on a parcel of land described as part of the E2 NW4 of Section 21, T4N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Grieser: I have scheduled a meeting with the Board of County Commissioners on Wednesday, February 26, 1992, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners 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 the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, ii Lanell J. Swanson Current Planner LJS/sfr EXHIBIT - • 3 WELD COUNTY COMMISSIONERS It has been brought to our attention by Mr. Merle Grieser that he intends to do more subdividing of his property. We as neighbors feel this to be against our desires for the following reasons. 1 : Mr. Grieser already has 3 residences on his property which consists of a total of 80 acres. 2: At present we already have 8 residence5within 1/2 mile, which is crowded for farming area zoning ! 3: Any new traffic or access driveways off road 44 at 0 this point is defpnitely detremental and dangerous ! 4: We don ' t want this area to be a rural subdivision ! The following signatures are concerned neighbors adjacent and joining Merle Grieser' s property. Thank You, �/ [/O-' 't<_t 'C 72:2 L , A-rviv-tee .',/ )`. Q. kc c 920222 _. EXHIBIT A TO: WELD COUNTY COMMISSIONERS Feb ht.,* 1 3 ' rl RE: RECORDED EXEMPTION APPLICATION 1397 BY MERLE & KARLA GRIESER Gentlemen; We ' d like to address the concerns of the Planning Department and some concerns that we ourselves have . Weld County Comprehensive Plan, Pg. 3, states , "The planning staff prepares a written recommendation for the applicant and presents that recommendation to the Weld Co. Planning Commission in a public meeting. The Weld Co . Planning Commission reviews the information presented, evaluates any public testimony and formulates a recommendation regard- ing the land-use application. " Friday, Feb. 21 , we learned that a meeting with the Planning Commission is not done . How can the Planning Commission give a recommendation without meeting with the applicants? With this in mind, we' d like to address several items. Our request to divide our land by recorded exemption is based on that portion of the Weld Co. Comprehensive Plan, Pg. 27 , No . 7 , Item B, that enables the property owner to sell off agricultural land that is nonproductive for a single family dwelling homesite. That is our pur- pose. Our reason as stated in the application is to reduce existing debt through the sale of one lot. In Section 9-2 E (1) (a) through (m) , I find no requirement that "sufficient reasons" have to be given, nor is there any listing of what constitutes "sufficient reasons that warrant creating an additional lot . " The stated intent of 9-2 A is to provide a means whereby a lot may be divided into two separate lots. Nowhere is it stated that the intent is to judge an applicant' s reasons. Paragraph four of the planner' s recommendation is irrelevant. The statement that "further division of property in this area may evade the intent and purpose of the Weld County Subdivision Regulations" is extremely vague. There are sixteen listed purposes. Where are the specifics? Which ones may be evaded? This is not a subdivision, only an area that has experienced some growth in the past 20 years , all of which is very compatible and orderly. Of the two houses that were constructed six years ago in our area, one sits almost one half mile off the road on their own drive , the other is barely visible from the road as it is constructed into the backside of a hill. There has been no new construction since. The other houses have been in the neighborhood for quite a number of years. The proposal of one additional home is consistent with efficient and orderly growth. We both grew up on farms and appreciate the value of living in the country. Farm kids often cannot farm for a living themselves , but still have the desire to remain farm oriented by living on a tract in the country. We 'd like to give one more family that opportunity at an af- fordable price. Not everyone wants to live in subdivisions , urban growth boundaries or the I-25 mixed use corridor. We feel that both options should be available. Subdivisions are costly. Most people cannot afford the cost of being a developer, and subdivisions either raise the cost of a homesite 920222 Page 2 beyond most ordinary people ' s ability to pay, or necessitate creating much smaller parcels which in turn creates another town. That is not our idea of country living. Recorded exemptions allow for orderly, consistent growth at an affordable cost. In conversing with the Planning Dept. it was suggested that we ap- ply for a subdivision to divide one lot into two. When I called the Planning Dept. to get some general information on a subdivision, the planner said that since we were dividing into two parcels , we needed to use the recorded exemption process. I was then told that we must pro- vide public water & public sewage treatment, and specifically, that septic/leech field systems were not allowed for subdivisions. That now appears to be misinformation. Where is the consistency? A septic tank/leech field system of sewage disposal is in compli- ance with adequate sewage disposal requirements of the Weld Co . Health Dept. The water table is approximately 100 feet below the surface on the subject property. According to Wes Potter, four feet of ground below the leech field is adequate to purify septic water eliminating any possibility of ground water contamination. It would seem to be a better alternative , as adding to already overworked public facilities in surrounding; communities . There are more than adequate services already provided to this area. We are on a paved road that is maintained very well and could support several more residences without any appreciable increase in maintain ance . Snow removal on our road depends on the amount of snow, not the amount of people . Road 44 is already cleared immediately after a1snow - much faster than even main arteries in greeley. We are located 42 miles out of LaSalle , easily within 15 minutes of fire & police protection. School buses pass here every day even though we do not use the public school system. Utilities are all very readily available at user' s expense. Area density has been increased for the past six years by the addition of our two houses . Appreciable services have not. Please do not judge the majority of rural residents by a few per- sistent complainers . Many are willing to forego urban level services for the privilege of living in the country. We don' t want or require additional services . The county does an excellent job. Surely with adequate services already in force , the additional tax base more than offsets the cost of any additional services. Taxes on our land alone have increased y31200 since we built a house there. This application does meet all the requirements set forth in Section 9-2 E (1) (a) through (m) ; therefore , we request approval of this division by recorded exemption. Thank you for your time and consideration. We appreciate your position and concerns , and commend you for your dedication to the resi- dents of Weld County. ReypectfuJ4.y submitted, C/JaCCIII v z �, 127 , Merle & Karla Grier Z, �) 99X222 Hello