HomeMy WebLinkAbout740565.tiff RESOLUTION
WHEREAS, it has been determined by the Board of County Commissioners,
Weld County, Colorado, that a proposed sale of two tracts of land more
particularly described as follows, to-wit:
Parcel 1:
A parcel of land located in the West Half of the Northeast
Quarter (W4NE4) of Section Seven (7), Township Six (6)
North, Range Sixty-four (64) West of the 6th P. M. , Weld
County, Colorado more specifically described as follows:
A parcel of land bounded on the south by the east-west
quarter section line of said Section 7; bounded on the
east by the right-of-way of the North Side Laterial Ditch
and bounded on the northwest by a line represented by the
center line of a seep ditch running approximately parallel
to the Union Pacific Railroad Company right-of-way, said
parcel being triangular in shape.
Parcel 2:
A parcel of land located in the West half of the Southeast
quarter (WZSE111) of Section Seven (7), Township Six (6)
North, Range Sixty-four (64) West of the 6th P. M. , Weld
County, Colorado, said parcel being more specifically
described as follows: A parcel of land bounded on the
west by the north-south quarter section line of said Section
7; bounded on the north by the east-west quarter section
line of said Section 7; and bounded on the southeast by the
center line of a seep ditch, said ditch being located on the
side of the Union Pacific Railroad right-of-way, said
parcel being triangular in shape.
BY AND BETWEEN Robert L. Carlson, Ruby M. Carlson and Reuben
Ehrlich is expressly designated to be such sale and transfer of agricultural
land that is not intended to come within the purview of the definitions of
the term "subdivision" and "subdivided land" as set forth in C. R. S.
106-2-33, (3)(a) and (b) 1963, as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, desires to exempt this particular division of land for the afore-
said reasons pursuant to its authority under C. R. S, 106-2-33, (d), 1963,
as amended.
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740565
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NOW, THEREFORE, BE IT RESOLVED, that the proposed sale
between Robert L. Carlson, Ruby M. Carlson and Reuben Ehrlich of
the hereinabove described tracts of land for the sole purpose of
facilitating more efficient agricultural activity be exempted from the
definition of the term "subdivision" and "subdivided land" as provided
for in the new Weld County Subdivision Regulations at Section 2-1, A.
(3) adopted August 30, 1972.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 13th day ofFebruary ,
A. D. , 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Weld County Clerk & Recorder
and Clerk to the Board
By ///L
Deputy Coun Clerk 1
AP . 4 ED AS T((FORM:
County ttorney
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For /„H„,., To Coun tv Commissioners _—..--. -..--.-
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For Inca To Your Aztiun Or Reply Is R•:^7uired
i.— v S•.Oisc :_Su_biLisisian_._Exel^1%]it1S__ On Or Defore--
Applicant
The owners of the following described property have requested
an exemption from Section 2-1 of the Weld County Subdivision
regulations adopted September 1972 which defines the term
subdivision :
•
The Planning Department has reviewed thisorequest and recom-
mends that the request be #/erol/to for the following
reasons : /i/�
DOES DOES NOT
Y Require water
; Require sewer
7 Create traffic problems
v AFall in flood plain
�( Agree with Planning Commission Policy
Create housing
Agree with surrounding land use
Fleet all known requirements
Comments :
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STATE OF COLORADO )
) AFFIDAVIT
COUNTY OF WELD )
Reuben Ehrlich, of lawfull age, being first duly sworn upon
oath deposes and says : that I am involved in the sale of real
property described in the Petition for Exemption addressed to
the Board of County Commissioners Weld County, Colorado and
dated /ph/ day of January, 1974, that said property is being
transferred solely for agricultural purposes and that I do not
have any present or future intent to subdivide any of the land
involved in this transaction which would require my compliance
with the statutory terms "subdivision" and "subdivided land" as
set forth in Colorado Revised Statute 106-2-33 (3) (a) (b) 1963,
as amended or in the new Weld County Subdivision Regulations
2-1, a , (3) .
Dated this lase day of January, 1974.
/a Aye (-K id(
eu en r is
The foregoing instrument was subscribed and sworn to before
me this day of January, 1974, by TrolignalMagniWnICX30413CCILWIC
?XX )Ci1700C• Reuben Ehrlich
My Commission expires My Commission Expires Ian:lti,—L
oliary Public orp-
File contains
oversized map
Please see original file
MILLER, RUYLE, STEINMARK AND SHADE
ATTORNEYS AND COUNSELORS AT LAW
G KthL,p. LOLO.
TEL. 303-352-9467
DAVID J. MILLER
. 1004A NINTH AVENUE
WALKER D MILLER
WILLIAM E. SHADE P. O. BOX 1424
ALVIN L STEINMANN
GREELEY, COLORADO 80631
January 18, 1974
Board of County Commissioners
Weld County
Weld County Courthouse
Greeley, Colorado 80631
Re : Request for Exemption
Gentlemen :
This letter is directed to you through this law firm, and is
a direct request from Robert L. Carlson , Ruby M. Carlson and
Reuben Ehrlich for an exemption from the so-called Senate
Bill 35 (C.R.S. 106-2-34) and Sec . 2-1 of the Official Sub-
division Regulations of Weld County, Colorado for the follow-
ing described lands :
Parcel 1 :
A parcel of land located in the West half of the Northeast
Quarter (WiNE4) of Section Seven (7) , Township Six (6) North,
Range Sixty-four (64) West of the 6th P.M. , Weld County ,
Colorado more specifically described as follows :
A parcel of land bounded on the south by the east-west
quarter section line of said Section 7; bounded on the
east by the right-of-way of the North Side Lateral Ditch
and bounded on the northwest by a line represented by the
center line of a seep ditch running approximately parallel
to the Union Pacific Railroad Company right-of-way, said
parcel being triangular in shape and being represented by
Parcel No. 1 on Exhibit A , attached hereto .
Parcel 2 :
A parcel of land located in the West half of the Southeast
Quarter (WISE*) of Section Seven (7) , Township Six (6)
North, Range Sixty-four (64) West of the 6th P.M. , Weld
County, Colorado said parcel being more specifically des-
cribed as follows :
Board of County Commissioners -2- January 18, 1974
A parcel of land bounded on the west by the north-south
quarter section line of said Section 7; bounded on the north
by the east-west quarter section line of said Section 7 ;
and bounded on the eoutheast by the center line of a seep
ditch, said ditch being located on the east side of the
Union Pacific Railroad right-of-way, said parcel being
triangular shape and being represented as Parcel 2 on
Exhibit A , attached hereto.
This request and petition are made pursuant to C .R.S . 106-2-33
(3) (d) , as amended , 1972 and Section 2-1 (A) (3) of said Regu-
lations , namely that this division of land is not within the
intended purpose of the statute or regulations .
The reason that this division of land is not within the intended
purpose of the statutes and regulations are as follows :
1 . The land involved is being transfered to facilitate
more effecient farming of two adjacent farm properties . The
transfer of parcel 2 to Mr. Ehrlich is of 15 acres and is designed
to give him access to farm property that is next to his present
farm and could be more efficiently farmed by Mr . Ehrlich than Mr .
Carlson . The transfer of Parcel 1 to Mr . Carlson is also designed
to facilitate ease in farming that property and is transfered for
no other purpose .
2 . Both Mr . Ehrlich and Mr . Carlson are regularly engaged
in farming and both plan to continue such occupation into the
future .
3 . Mr . Carlson and Mr . Ehrlich have attached Affidavits to
this application that state the sole reason for this transfer is
for an agricultural purpose and that neither intend to use either
parcel or divide their lands for residential subdivision develop-
ment .
Accordingly, both parties join in requesting an exemption from
the Weld County Board of Commissioners because the intended use
to be made of the property is not the type of use that the statutes
and regulations were designed to encompass . Should you need any
further information concerning this request , please advise me and
it will be provided to you.
Very truly yours,
Glen Droegemueller
GD:klm
Encls .
STATE OF COLORADO )
AFFIDAVIT
COUNTY OF WELD )
Robert L. Carlson, of lawfull age, being first duly sworn
upon oath deposes and says : that I am involved in the sale of
real property described in the Petition for Exemption addressed
to the Board of County Commissioners Weld County, Colorado and
dated /f day of January, 1974, that said property is being
transferred solely for agricultural purposes and that I do not
have any present or future intent to subdivide any of the land
involved in this transaction which would require my compliance
with the statutory terms "subdivision" and "subdivided land"
as set forth in Colorado Revised Statute 106-2-33, (3) , (a) (b)
1963, as amended or in the new Weld County Subdivision Regulations
2-1, a , (3) .
I, Ruby M. Carlson, of lawfull age, being first duly sworn
upon oath deposes and says : that I involved in the sale of real
property described in the Petition for Exemption addressed to
the Board of County Commissioners, Weld County, Colorado and
4)11
dated // day of January, 1974, and that said property is be-
ing transferred solely for agricultural purposes , that I do not
have any present or future intent to subdivide any of the land
involved in this transaction which would require my compliance
with the statutory terms "subdivision" and "subdivided land"
as set forth in Colorado Revised Statute 106-2-33, (3) (a) (b) ,
1963 , as amended or in the new Weld County Subdivision Reg-
ulations 2-1,a , (3) .
Dated this f S day of January, 1974.
o er.rlso�f
Ru. ' ar son
The foregoing instrument was subscribed and sworn to before
me this /D day of January, 1974, by Robert L. Carlson and Ruby
M. Carlson .
My Commission expires : Act < j77
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