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RESOLUTION
RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1558 - ROTH
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the request for Recorded Exemption No. 1558 was submitted by
Harvey Roth, for property which is located in part of the NE! of Section 31,
Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, this request is to divide the property into parcels estimated to
be approximately 1. 15 acres and 52 acres, more or less, and
WHEREAS, after reviewing the Planning staff's concerns and hearing the
testimony presented, the Board determined that said request shall be denied for
the following reasons:
1. It is the opinion of the Board of County Commissioners that this
proposal does not meet the intent of the Agricultural Zone District.
2. The Board feels this division would not allow efficient and orderly
development.
3. The Board feels this proposal does not adhere with the intent of the
Weld. County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request for Recorded Exemption No. 1558, submitted by
Harvey Roth be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of November, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: / if �; � WELD COUNTY, COLORADO
of Gal/I4eLi7
Weld County Clerk to the Board -tog-s-�T��,..�i ,/ czrir(1-.oi
Constance L. Harbert,
Chairman
BY: /;,;_.. -" %'L'� w -Lee re l ---�'d �jJfrV)
lri
Deputy ,Ak�erk to the Boa-=- W. H( Webster, Pr Tern
APPROVED AS TO FORM: ,'i ci4L-i'T /
/'George/E. Baxter
o my AtI orney a. e K.
ZL)//17,Iui,(tic— ! 4d /AA-tie.
arbara J. Kirkmeye c1
B 1421 REC 02368590 01/11/94 11 :08 $0 . 00 1/001 931189
F 1978 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Ur irrn �� IL ; AWL,
A . DEPARTMENT OF PLANNING SERVICES
PHONE (303)3533845. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C, 1400 N. 17TH AVENUE
GREELEY,EY, COLORADO 80631631
COLORADO
November 17 , 1993
County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption 1558
Dear Commissioners:
Harvey Roth has requested a Recorded Exemption to occur on the NE4 of Section 31,
T7N, R67W of the 6th P.M. , Weld County, Colorado. The 53 acre parcel is located
adjacent to Roth Subdivision about 1/4 mile south of the intersection of Weld
County Road 76 and Weld County Road 15. The parcel of land under consideration
is the total contiguous land holdings of the applicant. The Town of Windsor
reviewed this application and found no conflicts with it' s Comprehensive Plan.
Based upon submitted information, and the governing mechanisms of Weld County,
the Department of Planning Services' staff recommends this request be denied.
EFFICIENT AND ORDERLY DEVELOPMENT
The applicant has not demonstrated that this request is consistent with efficient
and orderly deveLopment. This is the second request for a Recorded Exemption to
occur on this 53 acre parcel. In October of 1983, the applicant's father, Alex
Roth, applied fo:: and received Recorded Exemption 638 by approval from staff and
the Board of County Commissioners. Recorded Exemption 638 was sought by the
applicant "to pay back a large debt" . To date, Lot A of Recorded Exemption 638
continues to be vacant and continues to be owned by members of the Roth family.
Thus, the land has not been sold as originally intented to satisfy a "financial
burden" . Staff believes it would be more important to amend the original
recorded exemption (RE-638) than to allow the applicants to obtain an additional
site. Allowing applicants to continually split land in this manner does not
promote orderly and efficient development.
AGRICULTURAL ZONE INTENT
This property is zoned A (Agricultural) , and development in the A (Agricultural)
zone is established and maintained by protecting the County' s agricultural
industry. This request does not protect nor does it promote the agricultural
base of the County. Additionally, this is the second time the lot has been
requested to be decreased in size, making it less than the minimum lot size in
the A (Agricultural) zone district.
931169
RECOMMENDATION, RE-1558
Harvey Roth
Page 2
The conflict between rural and urban activities is evident in the request. The
applicant is proposing to split a 1.15 acre parcel of land with an existing home
from the 53 acre parcel. The house was built in 1980, after the development of
Roth Subdivision. This property was established as a rural residence and staff
recommends that the owners overcome development pressures and continue the use
as originally intended for an agricultural residence.
ADHERENCE WITH THE COMPREHENSIVE PLAN
Area residents have expressed concern regarding the mixed uses which currently
exist in the area (Buckeye Shooting Range) . Any further division of this
property will increase future development of mixed uses in this area. This
proposed split will also call for additional access onto County roads. Currently
the site accesses through Brian Avenue via Roth Subdivision.
The Comprehensive Plan states that "the public sector requires that residential
development be accompanied by provisions for adequate facilities and services" .
Staff has concerns that the proposed subdivision is in direct conflict with
promoting efficient and cost effective delivery of public facilities and services
to residential development, as stated in the Comprehensive Plan. The division
of this site will enable another residence located within an urban Growth
Boundary to be served by a private septic system. If all residences were allowed
to be served by private sewage system what would be the incentive for a public
system?
The applicant has requested this recorded exemption to help finance potential
further development in this area. The Comprehensive Plan allows a great deal of
flexibility regarding the intent of a recorded exemption, however, the
Comprehensive Plan does not grant a recorded exemption based on financial need
or the need for future development.
The Department of Planning Services' staff recommends that the applicant devise
another way to finance future development. The Department of Planning Services'
staff is concerned with this attitude toward future growth and a lack of
compliance with the Comprehensive Plan and Subdivision Ordinance.
The Department of Planning Services' staff recommendation of denial is based
upon:
1. Inconsistency with efficient and orderly development;
2. Conflict with the A (Agricultural) zone district; and
3. Conflict with the intent of the Comprehensive Plan.
The Department of Planning Services' staff suggests that the Board of County
Commissioners determine if the standards of 11.5. 1 through 11.5.6 of the Weld
County Subdivision Ordinance have been met, and if the proposed division adheres
to the Goals and Policies of the Weld County Comprehensive Plan.
Respectfully,LlYMon ca Daniels-Mika
Current Planner
931189
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ADMINISTRATIVE REVIEW FLOW SHEET C
CASE u . Re-(�le- ) _sJ
,1n T
APPLICANT: Q.r-491 i
X111 REQUEST:. 1:-f-4 C Q ` g iGnr)
•
LEGAL: J -I 3- Lifl
al XS i'I � •� 7( ; �' ( ��j !
LOCATION: 1.\\L,1.\\L, O, cii �
M ,, �
Date} lII' By
Application received 1061 l V3 morn
Application complete lo 1, 1 °1 q. 3 m id m
Letter to applicant drafted LO UP)P) f Ct 3 mm
Referrals listed /D)L°I / GI3 hl 0"7
File assembled 10 _1g -9; 'n,p—
Letter to applicant mailed 10 -1q -q5 -`
Vicinity map prepared 'O - 1q_43 -
(0- '6 5 74e—
Referrals mailed
Chaindexed 'Q -'q-93 tat
Field check by DPS staff --/O _d CV' /3
Administrative Review decision: — f
History card completed ,
Date By
COMMISSIONER'S HEARING DATE:. II I I I
n 3
II r7 93 r
Air photo and Aleut)
prepared
CC Action: - it ) s— I
(AXE l7 m
CC Resolution received
History card completed
Recorded on maps and filed
x-1558
APPLICATION FOR RECORDED EXEMPTIOgIO 'fi1proM
PHONE: 353-3845, Ext. 354 ,
Department of Planning Services, 1400 N. 17th Avenue ,lreeley, Colorado�80631
�lr f66( 7 130'
FOR PLANNING DEPARTMENT USE ONLY: k^k� IP,\ D?r�
APPL. FEE J4O
CASE NO. _RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described property be
designated a recorded exemption by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: Lot "B" Recorded Exemption # 0705-31-1-RE638 being
a part of the Northeast k of Section 31 , Township 7 North, Range 67
West of the 6th P.M. , Weld County , State of Colorado
TOTAL ACREAGE: 53 Acres
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: Harvey Roth
Address: 6911 Rodney Ave . Windor , Colorado 8055(thone: Work 686-5575 Hare 686-2873
Name: Albert Roth
Address: Same as above Phone:
WATER SOURCE: Larger Parcel North Weld Smaller Parcel North Weld tiop in place
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic in place
PROPOSED USE: Larger ParcelDryland PatureSmaller ParcelExisti.ng house
ACREAGE: Larger Parcel 52 acres Smaller Parcel 1 . 15 acres
EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF WELD �l
STATE OF COLORADO ) �
Signatur r or Authoriz d Agent
Subscribed and sworn to before me this 11th day of October , 1993 .
(SEAL)
Notary Public Ron Kruger
P.O. Box 184
My Commission Expires 12/12/94 Windsor,Co . 80550
931189
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FIELD CHECK
FILING NUMBER: RE-1558 DATE OF INSPECTION: October 26, 1993
APPLICANT'S NAME: Harvey Roth
REQUEST: A Recorded Exemption
LEGAL DESCRIPTIDN: The NE4 of Section 31, T7N, R67W of the 6th F.M. , Weld
County, Colorado.
LOCATION: 1/4 mile south of the intersection of Weld County Road 76 and Weld
County Road 15.
LAND USE: N Residential
E Farm production
S Farm production
W Open field farm production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
There is presently a house on proposed Lot A. The site accesses off of Brian
Avenue, a gravel road which is part of Roth Subdivision. No topography problems
are evident on the site.
Y �
Monica Daniels-Mika, Current Planner
931199
Request , purpose , benefits for a Exemption for
HARVEY ROTH AND ALBERT ROTH .
A tract of land in the NE1 of Section 31 ,Township 7 North,
Range 67 West of the 6th P . M. , Weld County , State of Colorado
I 'm requesting this Exemption for the following
reason , My father and Mother(Alex Jr . and Pauline Roth) owned
this tract of land for the last 40 years and had built this
house on said tract of land. My mother passed away about 2
years ago and my father passed away about /0 months ago, so
my brother Albert and myself got the property from the estate .
We wanted to sell the house off and keep the balance of the
property . We also wanted to keep this property in conformity
to the balance of the lots in Roth Subdivision ( that my father
had developed) so later on we my want to develope the balance
of the property in to 1 acre lots as the second phase of Roth
Subdivision . This property request will have a deeded private
drive from Brian Ave . in Roth subdivision , also by selling
this lot with house we would be able to relieve some of the
debt we have on the property . This request conforms with the
surrounding land use in the area (Roth Subdivision) .
Crec
Harvey th 6911 Ro ney Ave .
Windsor , Colorado 80550
931199
RECORDED EXEMPTION QUESTIONNAIRE.
1. Explain the reason for the proposed recorded exemption and how each
proposed lot will be used. To split off the existing house . smaller
lot has existing house on it already and larger lot would be used
for dryland farming.
2. Describe the location, size and present use of the area where each
proposed new lot will be created. smaller lot located in northwest
part of the larger lot , smaller lot is 1 . 15 acres has existing
house on it , larger lot 52 acres and dryland farming.
3. Explain how the proposal is consistent with the Weld County Comprehensive
Plan and any adopted municipal plan, if applicable.
Next to Roth Subd. ( existing 1 acre lots .
4. Explain how the uses permitted will be compatible with existing uses
surrounding the proposed recorded exemption.
Same size lots and same use in Roth Subd.
5. Explain how the proposal is consistent with the intent of the zoning
district it is located within.
Area already Zoned for this type of lots
6. Explain hcw the proposal is consistent with efficient and orderly
development. Dry land only adding to development already in place .
•
7. Explain how adequate provision for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and the County will be
accomplished.
Septic system approved by the County health dept.
Area already protected by Weld County Sheriff dept .
This property has all of the utilities to property except
sewer.
931189
BOARD OF DIRECTORS •,,�• * ��
ERNEST TIGGES .�_ NORTH WELD t,LJUNTY WATER DISTRICT
GARY SIMPSON
ROSS �►^7�-. HIGHWAY 85 • LUCERNE, COLORADO 80646
ERNEST
W.M. McKAY
j . CHARLES ACHZIGER ' It LYLE NELSON, MGR.
.1: P.O. BOX 56 • PHONE 356-3020
•
September 27 , 1993
•
RE: Water Service
Dear Sirs ,
This letter is in response to your inquiry regarding water service
to the following described property:
NE1 of Section 31-7N-67W
1. _ Water service is presently being provided to the
• above described property.
•'.' 2. x _ Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County Water
District within one year from date of this letter, this letter shall
become null and void.
' Additional comments :
a,.
•
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
•
Ly D. Nelson, Manager
NDL/ds
Harvey Roth
331189
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353- 45, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. O 17THAVENUEO631
COLORADO 80631
COLORADO
Date: October 19, 1993 CASE NUMBER: RE-1558
TO WHOM IT MAY CONCERN:
Enclosed is an application from Harvey Roth for a Recorded Exemption. The parcel
of land is described as the NE4 of Section 31, T7N, R67W of the 6th P.:M. , Weld
County, Colorado. The location of the parcel of land for which this application
has been submitted is adjacent to Roth Subdivision; 1/4 mile south of the
intersection of Weld County Roads 76 and 15.
This application '-s submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
November 2, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
_ (is/is not) compatible with the interests of our town
for the following reasons:
3. f We. have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5 . Please refer tothe enclosed letter. (��,9yy/
Signed: GZ6®�L met Agency:rj r!//.L,tsuitc'i
Date: Cr� 3
NOV 1 0 1993
Weld County Planning
931189
mEmoRAnDum
"DC To Weld County Planning Date November 9, 1993
COLORADO
Prom Jeff Stoll, Director, Environmental Health ,I�
Subject:
Case Number: RE-1558 Name: Roth, Harvey
PT NE4, Section 31, Township 07 North, Range 67 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. Any exist:ng septic system(s) which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to
the issuance of the required septic permit(s) .
2. It is the policy of this Division not to recommend for approval of any lot
size less than one (1) acre, which will utilize an Individual Sewage
Disposal System.
3. An Individual Sewage Disposal System must be located at least 100 feet
from any well.
JLS/
-/A-1
Litl I J L )
.o p �
I NOV 0 9 1993
J
Wele County Planning
931199
1.11 DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140Ci ON ORAAVENUEO 631
GREELEY, COLORADO 806:31
COLORADO
November 10, 1993
Harvey Roth
6911 Rodney Avenue
Windsor, CO 80550
Subject: RE-1558 - Request for a Recorded Exemption on a parcel of land
described as the NE4 of Section 31, T7N, R67W of the 6th P.M. ,
Weld County, Colorado.
Dear Mr. Roth:
I have scheduled a meeting with the Board of County Commissioners on
Wednesday, November 17 , 1993, 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,
•
\--
Mon ca Daniels-Mika
Curr nt Planner
MDM/sfr
931189
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WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO )
COUNTY OF WELD
The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE MOUND=jg 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:
•
•
•
RECORDED EXEMPTION NO 0705-31-1—RE 638 according to the map recorded
November 22, 1983 in Book 1014 at Reception No. 1947912, being located
in the Northeast Quarter (NE ) of Section 31 , Township 7 North, Range
67 West of the 6th P.M.
CONVEYANCES (if none appear, so state) :
Reception No. 2338387 Book 1389 •
Reception No. _ , hook
Reception No. , Book
Reception No. , Book
Reception No. _ , Book —
keception No. _ , Book
Reception No. _ , book
Deception No. , Book
•
Thin Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not co be construed as nn Abstract of Title nor an opinion of
Title, nor a guarantee Title', and the liability of UNITED TITLE COMPANY
OF GREELEY COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, UNITED TITLE COMPANY OF GREELEY COMPANY
has caused this certificate to be signed by its proper officer this 22nd_ day
of September , A.D. , 1993 . at 7 :45 A.M. o'clock.
•
UNITED TITLE COMPANY OF GREELEY
COMPANY By: ! -//
• AUTHORIZED SICNATURF:
4
•
3311189
!.. B 1389 RFC 02338387 06/24/93 14153 $5.00 1/001
• , AR233A3A7 0076 MARY ANN FEOERSTE IN CLERK i RE DER WELD CO, CO
• rERSONAL REPRESENTATIVES DEED '
(Testate Estate)
' THIS DEED is made by—EO12eit Roth STATE DOCUMENTARY FEE
'
Date .• --1V-9J
I u Personal Representative of the Estate of
Alex Roth, Jr., also known as Alexander Roth, Jr. $ -P?, Pa
,deceased.Granter,
Albert E. Roth and Ilarvey A. Roth
Grantee
whore kg]addrnf4R et,
-HAS•-wp.i 8911 R,+ninny—St-_.-.-kiind¢orr-CO_RaS 50,
recpert-ivrly
Ste %3mwxn6r •SIMRRfx '
WHEREAS,the Tsui Will and*ata rent of the above-named decedent was made and executed in the lifetime of the
decedent,and is dated_Amens t 21 ,1974 ,which Will was duly admitted to ObfatM)(informal)••
probate on__11(210.11220L_4_,199.2—.,by the ni ettrirt Court in and for the •
_County of Weld .State of Colorado,Probate No. 97 PR• 286 .
WHEREAS.Gnntoewa duly appointed Personal Representative of said Estate on tlnve nber 4 ,
19.$,2_,and is now qualified and acting in said opacity.
NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does •
hereby sell,convey,assign,transfer and set over unto said Grantees (let bltrurewy)t• (for and in consideration of
other valuable conslderatio a d T d al /Inn Dollars••
fxRElt)ba tmx. emutAXp0eMbxbauaRNmoaro ttabielbrmin ante iamdf7 Rilir the following described real
property situate In the County of lip Id ,State of Colorado:
DR. •
LOTS A AND B OF RECORDED EXEMPTION NO. 0705-31-l-RE638, BEING A
oq'6� PART OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 7 NORTH, RANGE
(7 WEST OF THE 6111 P.M. , WELD COUNTY, COLORADO, AS PER MAP RECORDED
• NOVEMBER 22, 19R3 In BOOK 1014 AS RECEPTION NO. 1947912.
r
•
• Grantees are not the spouse, agent, or attorney of the Personal _
Representative or any corporation or trust in which the Personal
Representative has a beneficial interest. ' .
• • Alai luau incstsanaadmsmll>towax
•
. With all appurtenance,subject to covenants,easements and restrictions of tw..ad,and subject to general property
Outs for the yesr1993_,And subject to rights of way as recorded in Boot. 86, •page 3, •'.
and d Boo 395a lie J]Z reservations es recorded ip Book 233, Paggee
�flia DQQ 1f Jl� ,7�e 43 terips, conditions and provlslpns as recorcle n ,'.
g Y t an anyloss of or aUUverse claim based on assertn
. AMfNlhtitiexlFkilnmaMRindreitklFRRrxMlAlyllhtlliffei1Fkfl9NIIR that the channel and b ks )
of the Lake Lee ateral Canal have been aitere till than by natural
ca�.si�'d�ld— �a'.a_`�'r� __ .19 1 n-�*4.'E-t vY r'k, .--__
' Robert Roth
•
•
t Pt alRepreKnuu•e rase Exude aAlex R fill r Ito also. kaglIL , • .
Alexander Roth, Jr. ,ioece.,ed
,;I(
•• -". STATE OF COLORADO -
• COUNTY OF Weld )as
•
I. 2
I — The foregoing instrument was acknowledged before me this r �day of_ SdDL —.19. 1,
• 1 ' - b, Robert Roth
uPo sat ReprfjentaUve of the Estate of Alex Roth, Jr also knQWn as AlexandeC—
• . Fotll',a71rte. ,Deceased
. , l mrIfa 'nao Rcid seal ,/
MyfgnOn11i1171&lir,' - �- •
l
1.j, r;
rye p.m�µµ.�. o /.t<1� / L 7-) --
rt r t r 1.1 r.., t.� sr
f t K.,.,d Arr.d rear tlevl Mr, onwa lead h 111a)4nt.Ca), ,''
CTCMI a•.11th. rase,. ne/erAtnts DfSOf ....1 ...I1';
Pr
sod bean:,„ei Man s..n,....CO Wel—lionn MJ i e—raf
Cgpl.M Dv
931189
• , P IU11 PIC 019/2Y 17 Ili d1/113 16,07 SA.uU .I1
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• E 0126 NAPE ANN EPIIKPSTEIN CLEPr I. PECOPOIP N[IA Co, Co . J4OQ -
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. RECORDED EXEMPTION
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Y 0177 MAPY ANN YY.UEPSTrIN CURRY A PYCOPDrn WELD CO, en —a-'
• . RECORDED EXEMPTION
• NO 0705.31.I-RE-636
WI: NALIT 111.198) ,/L; jam/ ��
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LEGAL DESCRIPTION ,
A TRACT OF LAND LOCATED 111 111( NEE 01 SEC110N 31. TOWNSHIP 7 NORTII, RANGE 67 WEST Of THE
6411 PRINCIPAL MERIDIAN. WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(WINCING AT TI( II CORIICR Of SAID NCI AND CONSIDERING THE EAST LINE Of SAID NET 10 SEAR
5 60—15,3 405 w 'dill All illA0110.5 10 Ni in NI LAI TY( IIttHLTU;
THENCE S 00'06'10' W. 1547.8) FEET 70 THE TRUE POINT OF BEGINNING; "
11(11CC 5 00'06'10- W. )67.13 FEET:
TWENCE N 99'17'10- W, 577.:) IEEE: ...
THENCE N 00'15'70' E. )67.09 FEET: . .
T'(NCE 5 89'11'10' E. S71.B8 I'EEI TO THE TRUE POINT Of BEGINNING. '
SLID TRACT CONTAINS 4.47 ACPES FORE OR LESS.
1.01 'B'
DECAL DESCRIPTION 1
A TRACT Of LNID LOCATED Ill TN( NE1 01 SECTION )1, TOAISI13P 7 NORTH, RANGE 67 WEST 01 THE
6th PRINCIPAL ME11101611. WELD (OUIT!, COLORADO BEING:
THAT PORTION Of SAID NCI SOUTH OF AND ADJOINING ROTH SUBOIYISTDtI, AS.FILED Ill In( 111(0103
Of LELD COUITY, AND NORTH Of A110 AfJOINING LAKE LIE LATEPAL CANAL.
SAID TRACT CONTAINS 58 ACRES .
Ni. ALEX AND PAULINE GOTH JR., TILING THE SOLE OWNERS IN ICE 01 Tilt Ano YE DESCRIBED
PROPERTY DO HEREBY DIVIDE Tilt SATE AS SH0 ON 11( ATTACHED TAP
101 �F �/ ,
s .TA_ '�/--_._--- --- ' — ---�:c,t--•.-7
IN( IOPIGOINr CER1:F'CATIOI WAS ACr li'4t1DC,V BLIORL Ti 11115 T.."DAT 0I _.R�� . 'R — L
A.D. . 19 NI COV.I 51ON WIRES: ,.--.•. -/.h- 0 7 /]
o s NOWT RUM IC WITNESS NE 1411 MD 5TAi _ ,
His S_1 ---_ ._f. Aih n.f. ;,,.S._-C,S.ti ff'-.
11(Ri:BY CERTIFY 11AI THIS PLAT WAS PREPARED UNDER I E 5TIPETYISION: AND THAT THE SAF•I IS
CORPS 1 10 TIII REST Of Y K ;'O.. 1 nit I,
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93183
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353.3845, EXT. 3540
iff ‘t,V "II' WELD COUNTY ADMINISTRATIVE OFFICES
a 1400 N. 17TH AVENUE
GREELEYEY, COLORADO 80631631 COLORADO
Date: October 19, 1993 CASE NUMBER: RE-1558
TO WHOM IT MAY CONCERN:
Enclosed is an application from Harvey Roth for a Recorded Exemption. The parcel
of land is described as the NE4 of Section 31, T7N, R67W of the 6th P.M. , Weld
County, Colorado. The location of the parcel of land for which this application
has been submitted is adjacent to Roth Subdivision; 1/4 mile south of the
intersection of Weld County Roads 76 and 15.
This application is submitted to you for review and recommendation. Any comments
or recommendation you consider relevant to this request would be appreciated.
Your prompt reply will help to facilitate the processing of the application and
will ensure prompt consideration of your recommendation. Please reply by
November 2, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, Current Planner, if you have any questions about
the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town
for the following reasons:
3. We have reviewed the request and find no conflicts with our
interests.
4. P. formal recommendation is under consideration and will be
s=ubmitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Agency:
Date:
931189
REFERRAL LIST
NAME: Harvey Roth CASE NUMBER: RE-1558
REFERRALS SENT: October 19, 1993 REFERRALS TO BE RECEIVED BY: November 2, 1993
COUNTY TOWNS and CITIES
_Attorney Ault
X Health Department _Brighton
_Extension Service Broomfield
Emergency Mar..agement 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
_Department of Transportation 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
Briggsdale F-24 Milliken
Brighton F-3 New Raymer
Eaton F-4 _Northglenn
Fort Lupton F-5 Nunn
Galeton F-6 Pierce
Hudson F-7 _Platteville
Johnstown F-8 Severance
La Salle F-9 Thornton
_Mountain View F-10 X 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-2 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
Trf-Area Planning Commission Greeley
Longmont
West Adams
COMMISSION/BOARD MEMBER
931189
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
' WELD COUNTY ADMINISTRATIVE OFFICES
140Ci EY, ON ORAAVENUEO631
GREELEY, COLORADO8063�
COLORADO
October 19, 1993
Harvey Roth
6911 Rodney Avenue
Windsor, CO 80550
Subject: Recorded Exemption 1558.
Dear Mr. Roth:
Your recorded exemption application is complete and in order and will be processed
on or before November 19 , 1993. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, 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.
It is the policy of Weld County to refer an application of this nature to any town
or municipality lying within three miles of the property in question or if the
property under consideration is located within the comprehensive planning area of a
town or municipality. Therefore, our office has forwarded a copy of the submitted
materials to the Town of Windsor Planning Commission for its review and comments.
Please call Janet Carpenter, at 686-7476, for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative
be in attendance at the Windsor Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
If you have any questions concerning this matter, please call me.
Sincerely,
Monica Daniels-Mika
Current Planner
MDM/sfr
9311.99
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RESOLUTION CCT 11 1983
RE: APPROVAL OF RECORDED EXEMPTION NO. 638 ALEX
ROTH MCM CD. E
%imlq gceslsslDD
WHEREAS, the Board of County Commissioners of Weld1County,
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, it has been determined by th Board of County Com-
issioners t a public meeting held in the Chambers of the Board,
at t e division into two parcels of land, as shown on the plat
known as Recorded Exemption No. 638, being the property.of Alex
and Pauline Roth, described as part of •
IIISISIMIskimisingsaibinn6th P.N., Weld County, Colo-
rado, being more particularly described in the plat which shall
be provided by the applicant and known as Exhibit "A", said plat 1,
to be recorded, does not come within the purview of the defini-
tion of the terms, "subdivision" and "subdivided land", pursuant
to its authority under Section 30-28-101(10) (d), CRS 1973, as
amended.
WHEREAS, this request is to divide the
property into par- _:.•
cols of 57.1 acres and 3.9 acres, more or less, for financial
reasons.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Ca-
missioners of Weld County, Colorado that the hercinabove de-
scri ed parcel of land owned by Alex and Paulire Roth be, and
hereby i , exempt from the definition of the terms, "subdivision"
and "subdivided land".
BE IT FURTHER RESOLVED by the Board that this approval is
conditional upon the applicants submitting a mylar plat to the
Department of Planning Services Office to be recorded in the
J office of the Clerk and Recorder. The plat shall be drawn in ;
accordance with the requirements of Section 9-2 C. (4) of the
Weld County Subdivision Regulations. The plat shall be sub-
witted within ninety (90) days from the date of approval by
the Board.
LDiZON RS 638
0 Oil.. k� 1 yya.i N vRNRk
•
Page 2
RE: RE 0638 - ALEX AND PAULINE ROTH
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
October, A.D. , 1983.
\-11y J � ,,,_ BOARD OP COUNTY COMMISSIONERS
ATTEST: ' " t' WELD COUNTY, COLORADO
Weld County Clerk and Recorder j//�� ,✓�,
and-Clerk to the Bo ar eon, Chairman
By:: 1 4..-14"4,4,76-C�1DQrJ�I o — 211
(:,Deputy County Clerk So T. Martin o-Tam
APPROVED AS TO FORM: ��,�((/rr/aaaa//'',,�,==ee ao‘Ciessmor
nos County Attorney Norma
.OL]tl. . ne'•JpSnTOn'
'
.
•
DAY •=LN, October '1O,1190 j
v
•
DEPARTMENT OF PLANNING SERVICES
PHONE 130313664000 EXT.404
61610TH STREET
GREELEY,COLORADO 03631
Illik September 27, 1983
COLORADO
Board of County Commissioners
Weld County Centennial Center -915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption /638
Dear Commissioners:
The attached application, plat and related items are in reference to •
request from Alex and Pauline Roth.for • recorded exemption. The parcel
of land on which this request is being made is described as part of the
NEk, Section 31, T7N, R67W of the 6th P.N., Weld County, Colorado,
The property is located approximately 3.25 miles northwest of the tow
of Windsor on Weld County Road 15. .The property contains approximately
61 acres of Class IVs (prime) nonirrigated soils.
•
The request is to divide the property into percele of 57.1 acres and 3.9
acres, more or less. Mr. Roth would like to create a new lot for the -
purpose of retiring a previous debt.
•
•
Based upon the submitted information and policies of the County, the
Department of Planning Services staff recommends the request be approved 1
for the following reasons:
1. The request complies with Section 9-2 C. of the Weld
County Subdivision Regulations submission requirements;
2. The request complies with Section 9-2 R. of the Subdivi-
sion Regulations as follows:
- The 61 acres, more or less, under consider:cion will ' Ne
allow uses which are consistent with the intent clause
of the Agricultural Zone District. The uses will be
compatible with existing surrounding uses;
1
3* zxa
• I
i
•
I
Board of County Commissioners
October 5, 1983
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 Comprehen-
sive Plan, therefore the proposed use is consistent
with efficient and orderly development;
- The proposal doss not exist in an overlay district area;
- The proposed lots meet minimum lot sire requirements
for land division;
- North Weld Water District has indicated adequate water
service is available for this proposal;
- The proposed lots are not part of a recorded exemption
within the lest five (5) years.
The Department of Planning Services staff recommendation for approval is
conditional upon the applicant submitting a mylar plat to the Department
of Planning Services office to be recorded in the office of the Clerk and
Recorder. The plat shall be drawn in accordance with the requirements of
Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat
shall be submitted within ninety (90) days from the date of approval by
the Board.
Respectfully,
4,1•Cadtat Ott
•
Michael S. Mullen z t }t,e
Current Planner
MSMtrjg +:c
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A, OLICATION FOR RECORDED EXEMPTION 0 a V y
PHONE: 356-4000 Ext. 400 19 no 1/1
Department of Planning Services, 915 10th Street Gree , 'tt'l aai383 1"
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE 95.80ra"Ilk taa t*
CASE NO. eE (,3$ RECORDING FEE 6.Oar. $76�
ZONING DISTRICT/_ Q om, RECEIPT NO. 13004' I
DATE APPL. CHECKED BY f"S
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:
NE f e/ 7 67 t'AC it 0764TncN ft PLRT of Roam SUB %0A
at 4 /Sdy5c2 ALSe EM Ea NEf S n .-A 106 LEE LAT SRC
RP£1' RSS 'SA I Soc.
TOTAL ACREAGE: 61
Hots her property
property been divided from or had divided from it any
property since August 30, 1972? Yes No_ Ls
FEE OWNERS OF PROPERTY:
Name: ALex eorl4 3-Q
Address: 7x1.736 6AYLEd/ tuyydrolc ea Phone: :d16-ZUZ4
Name:
PA 44 it di.
Address:
twmt .. . . Phone: Sting §
Name: --- - - - --- K
Address: Phone:
WATER SOURCE: Larger Parcel Naerw wc.e Smaller Parcel /men iota
TYPE OF SEWER: Larger Parcel SE PTtc Smaller Parcel s enTic.
PROPOSED USE: Larger Parcel ,vane sTi Smaller f arcel pays czr
ACREAGE: Larger Parcel S Smaller PNit
6 _ •
arcel se
EXISTING DWELLINGS: (Yes or No) V E. g
(Yes or No) .ve w,
ts�t 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 cprrac` the best_ of my
knowledge. /v�Rcorr . the
A ,e
COUNTY OF WELD
STATE OF COLORADO ) $
r /.(a '
l
Signature:'OOwner or ii on=ed Agent rte:
Subscribed and sworn to before me this 0 day ofAilog#_______,
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