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.
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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
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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
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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
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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
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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
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'REESE ENGINEERING , 2505 6TH AVE. , GREELEY, CO 80631
'ROJECT : 1986-154
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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
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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
•
•
• •
•
•
. ,.
Tee tIn:it1 a..d.reds the In.dlt:NsU d epparteas a tbneate biealic.r r eqd+.. .ppnt.lddie�,
Ned w d nn d..main nioer.reda end amain'-t rat.. this"; w e end pads tb ;ad .metes 4 M,
lateral.die ad dared Satan d the add pen y of the Ant path di la Y S.or sky,e4 r.a to 1the awe
b.rs.r.d peens with the be.aaaate and appata.aaa
To Ran tad to Rid is Si seas else baredW sad drai.d,with the µgnaws men wadi prat d
the,need part,the eerie d as.S sips W the IS W,eraser dish rear fa.ma Lai the maid p.tY
d the fret pen,lr her a f, her {it,a.at.n,.ad,dmrwdn.,i-es.
bergs pa M ad end. wwith w aid p ttie ..ma w athe d part, ,wear of the.,their ir sass d the NS and seal
ands wrdrr,tat dthe thee dw mwimed delivery dYa preset; she is nddirddIM psis
.Dare eaen.d.a al..era as perfect,eNii d rdeleabr errs d rbitsce,I.W,r fee daps,d he.8.
part l -pan W lawful mama es pant,based.,SI aaatt...nd w sae a max d tea d�1 at
as eke.at ha ad den ha ell fast ea etiam ono tlK. 2 . 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