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Home My WebLink About670002.tiffCwt `784 Recorded at ..._. //�' o'clock ...1_i_.._M.. D E �' 7' 976 Rec. No. Mary Ar.n Feuerstein, Recorder GRANTING CHANGE OF ZONE SEELEY LAKE AREA, GREELEY NW, CARL LEFFLER AND FRITZ BARSCH: 1-1 WHEREAS, on January 18, 1967, a public hearing was had for the purpose of hearing protestants, if any, regarding a change of zone from "A" Agricultural District to "E" Estate District as requested by Carl Leffler and F. W. Barsch of Greeley, Colorado, said area more particularly described as follows: SE¢ of Section 23; SW- Section 24; Wz Section 25; All NE4 and that part of E2 of the NE4SEg Section 26, Township 6 North, Range 66 West of the 6th P. M. belonging to Carl Leffler and WHEREAS, there appea ed no protestants to said change of zone. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that they hereby agree to uphold the recommendation of the Weld County Planning Commission by granting the change of zone in the Seeley Lake Area as requested by Carl Leffler and F. W. Barsch. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: DATED: JANUARY 25, 1967 MB: 34 Page • AYES: . r r•y.; . ( THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 670002 COMMISSIONERS CHAMBERS WELD COUNTY, COLORADO WEDNESDAY, JANUARY 18, 1967 IN ATTENDANCE: Board of County Commissioners: Marshall H. Anderson, Chairman Harold W. Anderson, Chairman, Pro Tem Edward L. Dunbar, Member Samuel S. Telep, County Attorney Petitioners: Carl Leffler F. W. Barsch Landowner: Ivan Kent Mr. Telep: Mr. Chairman may I begin? Mr. Marshall Anderson: Yes: please call the hearing to order. Mr. Telep: This is the notice and I quote, " Pursuant to the zoning laws of the State of Colorado, the Weld County Planning Commission recommends and certifies to the Board of County Commissioners of Weld County, Colorado, the approval for a Change of Zone from "A" Agricultural District to "E" Estate District in the Seeley Lake Area as requested by Carl Leffler and Fritz Barsch of Greeley, Colorado. Said area more particulary described as follows: The Southeast Quarter of Section 23, the Southwest Quarter of Section 24, the West half of Section 25, and all the Northeast Quarter and that part of the East half of the Northeast Quarter of the Southeast Quarter of Section 26, Township 6 North, Range 66 West of the 6th P. M., Weld County, Colorado. belonging to Carl Leffler. A public hearing will be held in the Office of the Board of County Commissioners Weld County Court House, Greeley, Colorado, on January 18, 1967 at 1:30 P. M o'clock. Dated this 14th day of December 1966. By the Board of County Commissioners, Weld County, Colorado. By Ann Spomer County Clerk and Recorder and Clerk to the Board. This notice was duly published in the Greeley Booster December 16, 1966 and January 6, 1967. Marshall Anderson: Is there any opposition to this change of zone? Mr. Dunbar: How much of this land is involved? Mr. Leffler: To begin with it was a section and a half, but Mr. Falzgraph he wanted to withdraw (not legible on tape) Mr. Telep: Mr. Commissioner I can answer that according to this legal description we have 800 acres. Plus that part that belongs to a particular individual 2 Mr. Telep: by the name of Carl Leffler I don't know what that acreage consists of. You have 800 acres plus that part that belongs to Carl Leffler and it does not say how many acres. It just say that part of the East half of the Northeast of the Southeast. Well the Northeast of the Southeast is 40 acres and the east half of that would be 20 so it must a piece of 20 acres or less. Mr. Leffler: It is below the river and it is what we call Mumper Hill road and we include that part of mine. Marshall Anderson: Where you house is Carl? Mr. Leffler: From the house south Mr. Telep: How many acres Mr. Leffler: Forty some acres. Mr. Telep: Is it safe to say you have approximately 840 acres more or less? Mr. Leffler: All together? Mr. Telep; Yes sir. Mr. Leffler: Yes. Mr. Marshall Anderson: Is there any opposition to this petition? Mr. Dunbar: What I would like for him to do for the record would you state why you zoned estate. Mr. Leffler: Well it really began when Mr. Barsch built a house up there and there are different ones that try to get in there and this is one reason I would like to get it zoned and try to keep it as clean as we can, and yet leave some for estate - it would eliminate a iot of undesirables. Marshall Anderson: I think for the record you fellows are in favor of this petition. Next voice not ledij ible on tape Mr. Telep: On a condenation, only a public enitity has the right to condem The question of damage or the value for the taking - if you don't agree you can go to court for that. But any private individual or any corporation or anything like that within the county or city they have to first come in and prove necessity. If they can't prove necessity they do not even talk about any damages or price and they are out. That is the only way it can be done. It is not like the highway then. Mr. Telep: The highway, if you dicker with the highway department this is fine and this is good but you can't come to terms - the question of necessity is decided by statute. It is in the books - they take it anyway and if you -don't agree with what they originally agree to pay you - why then they will just put that money in escrow and the court and you can go to the court you have to hire your own attornies and the burden is on you to prove that your land or whatever they are taking is worth more than they offered you. Marshall Anderson: Does that apply to the Game and Fish Department too? Mr. Telep: It would have to - it would depend upon whether that will be considered an arm of the government - a governmental instrumentaity - such as a hospital In other words do they governmental immunity. They may have condemnation powers it is true - I don't know. I can't answer it at this point. Marshall Anderson: I think that is what you had in mind - there was some talk of putting in a recreation park. I know the game and fish has wanted that lake for sometime. Marshall Anderson: For the record why don't you gentlemen give us your names -since you are all in favor of she petition: Ivan Kent Carl Leffler -F. W. Barsch Carl Leffler: The only opposition we had was John Falzgraph. Mr. Dunbar: Actually you are leaving his part out. Mr. _Leffler: That is his mother's part Marshall Anderson: -Since there is no more to come before this Board we will take the matter under advisement. 4 Mr. Te1p: Mr. Chairman has it been made part of the record that the Planning Commission has recommended that this zoning be changed. Marshall Anderson; Yes. c oun-flannityg Cor+vtiratshinhe *ae- menit and a ties Lo, the nd of Countyy IC Ha161Hena% of Weld County, rolo1~edo,' the ap- -Proval for; a .change of Zone from Agvlcal eriai District to E" ,. 111 Yo' 'Di et* jn the Seeley Lake, area a{ regUeeted by Carl Leffler and Fritz Baraoh of Gree- tey,e' Coplorado, said area more .par- ticularly. described as follows: SSE% Of Section 23; SW1 Sec- tion 24; W' Section 26; All -NEyy and that part of Er -a of - -the NE% SEty1 Section 26. township 6 North Range 66 ' West „of the .6th P.M. belong- ing -to Cal Leffler ' A public hearing will be held in the offiee of the Board of County Commissioners, -Weld County Court I House, Greeley, Colorado, on Jan- uary 28,. 1917 at 1:30' P.M. o'clock I Dated this 14th day of Therein - ' her, 1166. T1tE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - County - Cle k and _Reecor•der and Clerk To The Board Published in T nos - ter D 67 Pursuant to the B Laws of the State of Coloradthe Weld d County Planning Commission rec- ommends and, _certifies to the Board of County Commissioners of Weld County, Colorado, theap-, brovat for a change of Zone from EstateDistrlict ly nDistrict thelatr: to Seeley Lake area as s'equested. by Carl Leffler and Fritz -Borsch of Gree- ley, Colorado, said area more par- ticularly described as follows: SEtt of Section 28; S\S Sec- tion 24; W34 Section 25; All NE% and that part of E`Fa of the NE% SE% Section 26. Township it North, Range 60 West of... the 6th P.M. belong- ing to 'Carl Leffler A public will be held in the office of the hearing of County Commissioners,. Weld County Court -House, Greeley, Colorado, on 'Yen - 'nary 18, 1067 at 1:36 P -M, o'clock Dated this. 14tthday of Decem- ber, .1966 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: ANN SP0ME$.. County Clerk and Recorder end Clerk To The Board Published in The Greeley Boos- ter Dec, 16, 1066 and Jan 6. 1967 NOTICE PURSUANT TO PiE ZONING LAWS OF THE STATE OF COLORADO, THE WELD COUNTY PLANNING COMMISSION RECOMMENDS AND CERTI-FIES TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THE APPROVAL FOR A CHANGE LT ZONE FROM "A" AGRICULTURAL DIISTRICT TO "E" -ESTATE DISTRICT IN THE SEELEY LAKE -AREA AS REQUESTED BY CARL LEFFLER AND FRITZ-BARSCH OF GREELEY, COLORADO, SAID AREA MORE PARTICULARLY DESCRIBED -AS FOLLOWS: SEA'- of Section 23; SW - Section 24; VrF Section 25; ,All NE4 and that part of al- of the NE4SE4 Section 26, Township -6 North, Range 66 West of the 6th P. M. bel-onging to Carl Leffler A PUBLIC HEARING WILL BE HELD IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY COURT HOUSE, GREELEY, COLORADO, ON JANUARY 18, 1967 at 1:30 P. M. O'CLOCK. _DATED THIS 1 -4TH DAY DF DECEMBER, 1966 T -HE BOARD _OF COUNTY COMMISSIONERS WELT) COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK -AND RECORDER AND CLERK TO THE -BOARD PUBLISHED: THE GREELEY BOOSTER December 16, 1966 and January 6, 1967 BEFORF '-LE WELD COUNTY, COLORADO PLANNIt\''' COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD _OF COUNTY COMMISSIONERS APPLICATION OF Carl Leffler _and Fritz Barsch Address urely.,,.. Colora:io Moved by Prize Hopkins that the following resolution be introduced for pas- sage by the Weld County Planning Commission: Be 1t -Resolved by the Weld County Planning Commission that the application fox rezoning from -A ( Agriculture District) -to 4 ( ';state District) of earlZeffler & Fritz Barsch of Greeley) Colorado covering the following de -scribed property in Weld County, Colorado, to -wit: SF' Sec. 23; SW* Sec. -2h.; W2 Sec. 25; All NEz, & that part of Et NE -71 SE Se -c. 26 T611 R66 W beaonging -to ?sari Leff -er be recommended (favorably) 4 t/4)(i ,/ to the _Board of County Commissioners for the following reasons: For the better utilization of the land Motion seconded by Leonard Bartels Vote: For Ressage: George Moser John Watson Ronald Heitman i /x' // Philip Bowles Against Pas -sage: The Chairman declared the motion passed and ordered that a certified copy of this Resolu- tion -be forwarded with the file of this case to the Board of County Co,rnrnissioners for fur -- +her. prnc-eedings. PC - R-001 CERTIFICATION OF COPY Dorothy. Hill , Recording Secretary of Weld County Plan- ning Commission, do hereby certify that the above and foregoing Resolution is a -true copy of -Resolution of Planning Commission of `Jeld County, Colorado, adop- ted on December 5,,_1966 „.,... , and recorded in Bcok No. _2 , Page No. 110 , of the proceedings of eaid Planning Commission. Dated this ...7th day of _Dec.. .... 19..766. l // Recording Secret y, Weld County Planning Commission RECORDING DATA - MAPS & PLATS NAME OF -SUBDIVISION NAME OF SUBDIVIDER l (CATION CAF SUBDI-VISION I)ATF OF -RECORDING Change of Zone #Z -8D from A to E _Carl Leffler etal S£4 S23; SW4 S24; W2 S25;NE4 & E2NE4SE4 S26 T6N R66W DEC 17 1976 BOOK /S4 RFCrPT I ON # 1 C6182 MARY ANN FEUERSTEIN WELD COU Y CLERK AND RECORDER ///. B Y : 2� ,4 ' c Y)L,L4f DEPUTY COUNTY CLERK & -RECORDER Hello