HomeMy WebLinkAbout760575 RESOLUTION
RE: RECORDED EXEMPTION NO. 239 - ROLAND D. NAIBAUER AND DORIS A.
NAIBAUER.
WHEREAS, it has been determined by the Board of County
Commissioners of Weld County, Colorado, at a public meeting
held on the 8th day of December, 1976, in the Chambers of the
Board of County Commissioners of Weld County, Colorado, that
a certain parcel of land, being the property of Roland D.
Naibauer and Doris A. Naibauer, Rt. #1, Box 100, Gill , Colorado,
that a certain parcel of land, being the property of Roland D.
Naibauer and Doris A. Naibauer, Rt. #1, Box 100 , Gill, Colorado,
described as that portion of land located in the Southeast Quarter
(SEa) of Section 2, Township 6 North, Range 64 West of the 6th
P.M. , Weld County, Colorado, being more particularly described
as follows:
Beginning at the Southeast Corner (SE COR) of
said Section 2, and considering the East line
of said Section 2, as bearing North 00°16 ' 29"
East, with all other bearings contained herein
realtive thereto;
Thence North 00°16 ' 29" East, along said East
line, 2645. 24 feet;
Thence North 89°50 ' 31" West, 2619 . 41 feet;
Thence South 00°06 ' 37" East, 1047. 86 feet;
Thence South 00°24 ' 54" West, 1610. 06 feet to
a point on the South line of said Section 2;
Thence North 89°52 ' 51" East, along said South
line, 2616. 22 feet to the Southeast Corner
(SE Cor) of said Section 2 , also being the Point
of beginning. Said described parcel of land con-
tains 159. 176 acres , more or less , including a
strip of ground 30 feet in width along the East
and South lines of said Section 2 , reserved for
County Road Right-of-Way purposes and is subject
to any rights-of-way or other easements as
recorded by instruments of record or as now
existing on said described parcel of land;
does not come within the purview of the definition of the terms
"subdivision" and "subdivided land" as set forth in Section 30-28-
101 (10) , CRS 1973 , as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, desires to exempt this particular division of land from
the definition of "subdivision" and "subdivided land" pursuant
to its authority under Section 30-28-101 (10) (d) , CRS 1973, as
amended, and Section 2-lA(3) of the Weld County Subdivision
. Regulations;
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NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land owned by Roland D. Naibauer and Doris
A. Naibauer be exempt from the definition of the terms, "sub-
division" and "subdivided land" pursuant to its authority under
Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1A(3)
of the Weld County Subdivision Regulations.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 13th
day of December, A.D. , 1976 .
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
/
;F��UbW A ♦1 /I //,
ATTEST: I
Weld County Clerk and Recorder
and Clerk to the Board
att.,
Deputy Count Clerk
LHRROVE AS TO FO
County Attorney
-2-
FECORDED ErrMPTION NO. : 08C )-4-RE- 239
ME SEMI , etc a , T. 6 N.. , R.646th,
6r//P.i!•, GELD COU/VTY, COLO,4.4D0
• E% Con 6 aced i pai
on Si Al prom/,off
Sec.2 A 69°SO'3/'6s! 2634.3/'
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> o v tor '.8"-/i0-0a9 Acres
'o,pv 7074Z-/59. /76 Acres
`* ^ W To wes/,�e•Ke/:re
NOTE : r\y� •�` lk.I
Pos�1on -C SE%4 r ' \ 3 Po/'V7- OF wes4 of�•ence
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.4 Reservoir SHEET I OF
RECORDED En'MPTION NO. 0801-^-4- RE- 239
LEGAL DESCRIPTION
The Southeast Quarter (SE') of Section 2, Township 6 North, Range 64 West
of the 6th P.M. , WeldCounty, Colorado, being more particularly described
as follows:
Beginning at the Southeast Corner (SE Cor) of said Section 2, and
considering the East line of said Section 2, as bearing North 00° 16' 29" oire
East, with all other bearings contained herein relative thereto;
Q 0a ) 7G
Thence North 00° 16'29" East, along said East line, 2645. 24 feet'
Thence North 89° 50' 31" West, 2619.41 feet; /1 -
Thence South 00° 06'37" East, 1047.86 feet;
Thence South 00°24'54" West, 1610.06 feet to a point on the South line of
said Section 2;
Thence North 89°52 51" East, along said South line, 2616. 22 feet to the
Southeast Corner (SE Cor) of said Section 2, also being the Point of Beginning.
Said described parcel of land contains 159.176 acres, more or less,
including a strip of ground 30 feet in width along the East and South
lines of said Section 2, reserved for County Road Right-of-way purposes
and is subject to any rights-of-way or other easements as recorded by
instruments of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I hereby certify that this plat was prepared under my supervision; a F
that the same is correct to the best of my knowledge and belief. #NST
..A R7 ra ^. QSL?P.. ' 434'2 Iit
JASPER fhESE' $
COLORAD\P'E• &. L.S. NO. 4392 ,,•y,( +ivetw e`43
m
We, Roland D. Naibauer and Doris A. Naibauer, being the sole owners
in fee of the above described property do hereby subdivide the same
j as shown on the attached map. .
i
Roland D. Naibauer Doris A. Naibauer
The foregoing certification was acknowledged before me this .. .O Y-
day of f !..: A.D. , 197/ .
My Commission Expires:-- /./ f % _
k J _�__
Notary Public
-{ -k ;
Witness My Hand and Seal
The ace m anying plat is accepted and approved for filing.
CHAIRMAN OF THE BOARD OF COUNTY C MMISSIONERS
a.-��,,1 O
ATTEST: County Clerk fd .t .�'�,. .4 "'t,,C °s!
Date )`/i3 / 76 �/
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.gI'eede tnee/'G/LCi SWEET T 2 OF 26
DEPARTMENT OF PLANNING SERVICES
- WELD COUNTY CENTENNIAL CENTER
915 10t0t h STREET
GREELEY,COLORADO 80631
GARY Z. FORTNER
C. DIRECTOR OF PLANNING
PHONE (303) 356-4040 00, EXT.400
COLORADO
December 8, 1976
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption 239
Dear Commissioners:
The attached application, plat, and related materials are
in reference to a request by Roland Naibauer for a recorded
exemption. The parcel of land is described as the SE* of
Section 2, T6N, R64W of the 6th P.M. , Weld County, Colorado.
Said property is located 1 miles west and 2 miles north of
Barnsville. . The subject property contains 159. 176 acres
of Class II , III , and IV irrigated soils. The request is
to split the property into parcels of 19. 176 acres and 140. 00
acres. Both of the two resulting parcels would contain an
existing set of improvements.
Mr. Naibauer has invested in a farm equipment company business
in December of 1975. His stated reason for dividing his 159. 176
acres into two parcels is for the purpose of securing an addi-
tional loan on the 140 acre parcel. Mr. Naibauer is securing
said loan through the Intermountain Financial Association. A
representative of the Intermountain Financial Association has
indicated to our office that they will accept nothing short of
splitting the property into separate parcels; they will not
accept a partial release deed of trust on the 140 acre parcel .
Additionally, Mr. Naibauer has stated that in some point in the
future he would desire to transfer the 140 acres to his son.
Based upon the information submitted and the adopted policies
in the County, the Planning Commission staff recommends the
request be approved for the following reasons:
WELD COUNTY COMMISSIONERS
GLENN K. BILLINGS
VICTOR JACOBUCCI
ROY MOSER
NORMAN CARLSON
JUNE STEINMARK
Board of County Commissioners
December 8, 1976
Page 2
1. The proposed split conforms with the intent clause of
the recorded exemption procedure (Section 9-2 of the
Weld County Subdivision Regulations) , the intent clause
of the Agricultural District (Section 3. 3 A of the Weld
County Zoning Resolution) , and the Weld County Compre-
hensive Plan in that each resulting parcel would have
an existing set of improvements. The use would be com-
patible with the surrounding agricultural uses.
2. The request complies with the provisions of Section 9-4
(A) of the Weld County Subdivision Regulations.
Respyt ully,
ZcZ�t�I 2
Thomas E. Honn
Zoning Administrator
TEH/pr
Attachments
APPLICATION FOR RECORDED EXEMPTION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT. USE ONLY :
LAND CODE : CASE NO :
T : S : 1 /4 : DATE : -2/2p/ -4.
LEGAL DESC . APPR : APPL . FEE : <W c7 ,DT
APP . CHECKED BY : RECORDING FEE :A ton
DATE SENT TO BOARD : RECEIPT NO . : g/d,-`
DATED FILED & RECORDED :
TO BE COMPLETED BY APPLICANT : ( Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described prop-
erty be designated a recorded exemption by the Weld County Board of County
Commissioners : LEGAL DESCRIPTION :
SEE ATTACHED SHEET
ACREAGE : LOT "A" 19.176 Acres ; LOT "B " 140.00 Acres ;TOTAL : 159.176 AC
HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP-
ERTY SINCE AUGUST 30, 1972? YES NO x
FEE OWNERS OF PROPERTY : ‘ -,7,7 y`k
NAME : Roland D. & Doris A. Naibauer ADDRESS Rt.#1,Box 100 PHONE : 454-2034
NAME : ADDRESS Gill, Colorado PHONE :
NAME : ADDRESS PHONE :
WATER SOURCE Northern Weld Water District
TYPE OF SEWER Septic
PROPOSED USE Residential
I hereby depose and state under the penalities 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
STATE OF COLORADO ) � Q���/J,u2v
Signature : wne or Authorized Agent
Subscribed and sworn to before me this 4,040cday of , 197
SEAL h^ s
NOTAR UBY P C
,
My commissionUexpires:
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paN
Q:ctober 25, 1976
To Whom it May Concern:
We have lived on a farm all of our life and have a family of
5 children. We would like to give them the same opportunity
so that they can still be associated with farm people. With '
farm prices and farm land being as out of proportion as
they are, we invested in a Farm Ecuipment Company business,
December 1, 1975. As you know a 160-acre farm is hard to make a living on for a family of 7.
We need to divide the present farm we own into 2 parcels for
an additional loan. Should something go wrong with the equip-
ment business, we would only lose the 140 acres, parcel one,
and would still be living on the other parcel with our family.
Thank you.
Sincerely yours,
ac 71c
Roland Naibauer
' Pea.1 ..C--L
Doris A. Naibauer
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ERN ST OF DIRECTORS �• ;y„ NORTH WELD COUNTY WATER DISTRICT
ES
ALEX HEIDENREICH
ROBERT ALKIRE !.�"?r!r Y HIGHWAY 85 LUCERNE. COLORADO 80848
GARY SIMPSON k , r. LYLE NELSON, MGR.
TOM REED '
' =- - P.O. BOX 66 - PHONE 356-3020
July 22, 1976
TO WHOM IT MAY CONCERN:
Gentlemen :
Water service is presently being provided through
North Weld County Water District lines to the
property noted below owned by Roland Naibauer . Mr.
Naibauer has two water taps on this property .
Sec. 2 , Township 6N, Range 64 W of 6th P .M . , Weld
County , Colorado .
Sincerely,
NORTH WELD COUNTY WATER DISTRICT
L e D . Nelson , Manager
LDN/rr
WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STATE OF COLORADO)
COUNTY OF WELD )
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 :
The SEI of Section 2, in Township 6 North, of Range 64 West
of the 6th P.M. , Weld County, Colorado.
CONVEYANCES (if none appear, so state) : NONE:
Reception no: , Book
Reception no. - , Bcok
Reception no. , Book
Reception no. , Book
Reception no. , Book
Reception no: , Book
Reception no . , Book
Thi2 Certificate is made for the use and benefit of the Planning
Commission 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 amount of the fee paid for this Certificate.
In "itness Whereof, TRANSAMERICA TITLE INSURANCE
COMPANY has caused this certificate to be signed by its proper
officer this 92nd day of July , A. D. 1976 , at 7 :45 A .M.
o ' clock.
TRANSA INSURANCE
COMPANY
Byl4S4 ZSIGNATURE
Weld County Health Department BOARD OF HEALTH
DAVID WERKING,GREELEY
FRANKLIN D, YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAB,GREELEY
DIRECTOR GREELEY, COLORADO 80631 C ATHERINE BENSON.AULT
WILLIAM BUCK,ROGGEN
(303) 353 0540
DORIS DEFFKE GREELEY
DONALD HERGERT,GREELEY
HERSCHEL PHELPS.JR.,M.D.
GREELEY
November 16, 1976 CLARENCESITZMAN.GREELEY
JOE STOCKTON.GILCREST
( 1-1 'frGary Fortner, Director •
- F O /� •
Weld Co. Planning Carmission N �;, ��O
Centennial Center 9s,,;, �.,, 1/e0
Greeley, CX) 80631 `.a
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• 14 L
TO WHC%4 IT MAY C CVC ERN:
We recommend approval of Recorded Exemption for Roland D. Naibauer,
Rt. 1, Box 100, Gill, Colorado located in the SE*, Section 2,
Township 1 North, Range 64 West, Weld County Colorado.
The soils are suitable for private sewage disposal system.
Sincerely,
G eDir�
Environmental Health Services
GEP:dr
cc Roland D. Naibauer
RE-339
53-8 3I-U
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Irr.. Dry
51-D IIIe IVe
53-B IIIe IVe
53-C IIIe V I e
53ii—AB IVs -
55-B Ile IIIe
66B-AB IVs IVe
87B-AB IVs VIs
Roland D. Naibauer
Recorded Exemption - 239
November 10, 1976
Referrals
County Attorney
County Engineer
County Health Department
FIELD CHECK
FILING NUMBER
NAME rlUc) } _
REQUEST
LEGAL DISCRIPTION y c;;.'7 —
LAND USE N /-) 7
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ZONING N
LOCATION 1 /V, /L% c A E
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COMMENTS :
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DEPARTMENT OF PLANNING SERVICES
WELD COUNTY CENTENNIAL CENTER
� 10th STREET
Ittt\ GREELEV,COLOROLORADO 80631
GARY Z. FORTNER
DIRECTOR OF PLANNING
OPHONE (3031 356-4000, EXT.400
•
COLORADO
November 10, 1976
Roland Naibauer
Rt. 1 Box 100
Gill , Colorado
Re: Request for a recorded exemption on a parcel of land described as
the SEa of Sec. 2, T6N, R64W of the 6th P.M. , Weld County, Colorado,
containing 159.176 acres.
Dear Mr. Naibauer:
Your application and related materials for the above described request
are complete and in order with the exception of submission of a copy
of a deed to the subject property. I have tentatively scheduled the
hearing by the Board of County Commissioners for November 29, 1976, at
9:45 A.M. Said hearing will take place in County Commissioners Hearing
Room, First Floor, Centennial Center, 915 10th Street, Greeley, Colorado.
It is recommended that you and/or a representative be present to answer
any questions that the Board might have with respect to your application.
If you have any questions with regards to this matter, please do not
hesitate to contact our office.
Respectfully,:12-1 � � iii i :.1C4
Ken Ken McWilliams
Assistant Zoning Administrator
KM/bg
WELD COUNTY COMMISSIONERS
GLENN K. BILLINGS
VICTOR JACOBUCCI
ROY MOSER
NORMAN CARLSON
JUNE STEINMARK
RECEIPT FOR CERTIFIED MAIL-300 (plus postage)
SENT TO POSTMARK
OR DATE
_ Roland Naibauar
STREET AND NO.
C.n Rr. 1 , Roy 100
Cr) 1\ P.O., STATE AND ZIP CODE
C Gill Colorado 80624 12-14-76
OP ZONAL SERVICES FOR ADDITIONAL FEES
CO RETURN 1. Shows to whom and Oats delivered t5¢
RECEIPT With delivery to addressee only 650
Z. Shows to wham,date and whore delivered.. 354
SERVICES With delivery to addressee only 85d
e DELIVER TO ADDRESSEE ONLY 504
Q SPECIAL DELIVERY (extra few required)
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (se. ether side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL 9 GPO:1973 0-480-749
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,.--, RECORDING DATA - MAPS & PLAAA ij7/3..
NAME OF SUBDIVISION Recorded Exemption No. 0801c2-4-RE-239 -----
Roland D. Naibauer and Doris A. Naibauer ._ _ ----
NAME OF SUBDIVIDER
SE4 S2 TON R64W 6PM, Weld County, Colorado ,__
tOrATION OF SUBDIVISION �__
DEC 2 7 1976 ,BOOK 785 RECEPTION # 1701115
DATE OF RECORDING,
MARY ANN FEUERSTEIN
WELD CO)UN Y CLERK AND RECORDER
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DEPUTY COUNTY CLERK 6 RECORDER
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