HomeMy WebLinkAbout992584.tiff • 0 BOARD OF COUNTY COMMISSIONERS
to W' PHONE (970) 356-4000, EXT.4200
FAX (970) 352-0242
P.O..O BOX 758
GREELEY, COLORADO 80632
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Vt
COLORADO
October 11, 1999
LEROY PFAFF
CLASSIC REALTY ONE LLC
7575 BRIGHTON BLVD
COMMERCE CITY, CO 80022
Subject: Parcel of land in the SE%of Section 32, TIN, R65W of the 6th P.M.,Weld County,
Colorado
Dear Mr. Pfaff:
Thank you for your letter dated September 24, 1'999, regarding the above described property.
As noted by both the Department of Planning Service's and the County Attor?ney's,office, the
ditches which divide the parcel cannot be used'.to split the property into separate: legal parcels,
under the Weld County Zoning Ordinance definition. The only way these would be considered to
be separate, legal lots is if they were created prior',to September 30,11972 :Deeded ditch rights of
way can create separate legarlots if the:deeds were recorded prior to the 1972 date. A ditch,
without recorded deeds does not 'create a strip of land separating the parcels since the ditch is an
easement implied by use. Recording the documents at this time would not make the lots legal,
since attempting to split the lots lots_without County approval would constitute an illegal subdivision.
A more appropriate way to divide the property would be through-asubdrvision process. If eligible, -_
a Recorded Exemption Planned Unit Development (PUD) or other subdivision:,applications may
be applied for.
Please contact the.Weld County Planning Department to discuss which options may be best suited
for your property and are available to you ;Hopefully,`this clears up any confusion regarding this
matter.
Siinnceerrelly,
Kkr
Dale K. Hall
Chair, Board of County Commissioners
ujinia
992584
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Buy*Se I*'bade 'W7
r t Classic Realty One LLC t
LeRoy Pfaff
Broker 0A4515153 Leroy Pfaff ,.
303451-5873
5 Brighton Btud. Showing Phone:303-289-5893
r' rime me City,CO 80022 Fax 303 45 1-746 5 e, S"
E-mailwon Pe`�` 303-451 -5153 ¶1
Assistant:Laura Montrose
`��• •• office:303-289-6263
The Weld County Board of Commissions September 24, 1999
P.O. Box 758, Greeley, CO 80632
Dale K. Hall
Barbara J. Kirkmeyer
George E. Baxter
Mike Geile
Glenn Vaad
Dear Associates:
I need your help to solve a problem that is a different parcel of land. There are
two irrigation ditches that run through the property, and were built there in the 1$70's
and 1880's, and most likely will be there in perpetuity. The ditches divide the property in
such a way that we cannot come by four parcels by a recorded exemption. The rifles of
the planning department do not provide for the four parcels. And so we therefore need
your help to accomplish this. Also, there is a right-of-way to the Public Service
Company, which at the time did not know that it would restrict the use later. The ditches
establish a natural division.
Thank you for your time,
Leroy Pfaff
303-451-5153
Classic Realty One LLC
7575 Brighton Blvd. .
Commerce City, CO 80022
F
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THE FARMERS RESERVOIR AND IRRIGATION COMPANY 1 "?� %'`?t7.
- - , • 80 South 27th Ave.• Brighton,CO 80601 •
- Telephone: 303.859-7373•FAX 303-659.6077 G✓lI
CO -
f
July 20, 1999
Weld County Planning
1555 N. 171 Ave.
Greeley CO 80631
Re: Property S.E.1/4, Section 32, T. 1N, R. 65 W.
The Neres Canal and the East Burlington Ditch, AKA the East O'Brian Ditch, both run through
the property as shown on the survey map. The Neres Canal is an 80-ft right of way. The signed
right-of-way document has not been recorded,but will be recorded, if required.
The East Burlington was established in 1885, and carries approximately 800 shares of Burlington
irrigation water. The ditch company uses 50 CFS for irrigation and carries water across the
property to the shareholders. The location is correct on the survey map. This is an established
and permanent easement for the ditch company. The Canal runs for approximately 8 miles and
services approximately 3000 acres.
If you have any questions, or if I can be of any help, please call (303) 659-7373.
Sincerely
Manuel Montoya
General Manager -
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CORRESPONDENCE RESPONSE
DEPARTMENT OF Yz ,Y2. -
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* * * PLEASE RESPOND WITHIN THREE DAYS..* * *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION: ,eld County Nlano'r g
Narrative:
�� OCT 05 1999
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METHOD OF RESPONSE:
Board Action
- Work Session
✓ Letter (Attached)
Telephone Call
No Response (explain)
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BOARD ACTION: (Initial by Approval) / / % / f
Agree with Recommendation —v ✓
Worksession — — —
From: LEE MORRISON
To: jchester
Date: 10/7/99 11:32am
Subject: leroy
Reply requested when convenient
The question is whether the lots cut by ditches are separate legal lots under
the zoning ordinance definition. The only way , since the property has not
been split using an RE or subdivision process, these parcels would be separate
legal lots is if they were created prior to September 30 , 1972 statutory
change which prohibited creation of lots less than 35 acres in size without
County approval ( source of authority for the subdivision ordinance) . Deeded
ditch rights of way can create separate legal lots if the deeds were recorded
prior to the 1972 date. A ditch , without recorded deeds does not create a
strip of land separating the parcels since the ditch is in an easement implied
by use. A ditch easement does not legally divide a property anymore than a
private driveway or a utility easement would. Recording the documents at this
time would not make the lots legal since attempting to split the lots without
County approval would constitute an illegal subdivision. A
Lee D. Morrison
Assistant Weld County Attorney
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