Loading...
HomeMy WebLinkAbout770691 RESOLUTION RE: RECORDED EXEMPTION NO. 247 - LESTER V. GOETZEL. WHEREAS, it has been determined by the Board of County Commissioners of Weld County, Colorado, at a public meeting held on the 23rd day of February, 1977 , in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land, being the property of Lester V. Goetzel, Weld County, Colorado, more particularly described as follows: The East Half (E' ) of the Southwest Quarter (SWQ) of Section Twenty-nine (29) , Taanship Six (6) North, Range Sixty-six (66) West of the 6th P.M. , together with seven (7) shares of the capital stock of the New Cache La Padre Irrigating Company and sixteen (16) shares of the capital stock of the Cache La Poudre Reservoir Company, together with all water, ditches, irrigation wells, rights of way for ditches and tile line appurtenant thereto, excepting and reserving unto the grantor herein all the oil, gas and other minerals lying in and under and that may be produced thereflum, together with the right of ingress and egress for the purpose of exploring for and re- moving same. 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)(d) , 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" pur- suant 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; NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove described parcel of land owned by Lester V. Goetzel , be exempt from the definition of the terms, "subdivision" 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 23rd day of February, A.D. , 1977. v^E c0 Co7 _ e. ; pc 1'� JiL Th- 770691 The above and foregoing Resolution was read into the record and signed on the 2nd day of March , A.D. , 1977. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ofr7//Zz ` � Le'e--27,1yI X22 7 lP ATTEST: b`'nna..�Q(,(?A,2 Weld County C erk and Recorder and Clerk to the B eputy Cou y Clerk APPROVE AS TO FORM: County Attorney -2- RECORDING DATA - MAPS b P2' NAME OF SUBDIVISION Recorded Exemption # 0805-29-3-RE-247 Lester V. Goetzel NAME OF SUBDIVIDER `____ _ LOCATION OF SUBDIVISION A tract of Land in the E2 SW4 Sec 29, T6N,R66 West of the 6th P.a --P&L') County MAR 3 1977 BOOK 791 RECEPTION M 1"712693 DATE OF RECORDING MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BYA----111-14. 01 -- DEPUTY COD CLERK b RtCORDFR SECT/DAl RECOREDF.n FYEMPTION BRACEW LL 29 _ -- a. NO.0805=29-3-RE- 247 ___c070);; 00/jT SCALE: I_2000i • E- SW I 90 'v SCALE: 1"= 300" ... \ • S'. OWNER: LESTER V. GOETZEL . -- ; I :• RD 31 4 N VICINITY MAP E-W E SEC. 29 LEGAL DESCRIPTION I,LESTER V, GOETZEL BEING A TRACT OF LAND BEING THE EAST HALF (E1/2) THE SOLE OWNER IN FEE OF OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION THE ABOVE DESCRIBED PROP- TWENTY-NINE (29) , TOWNSHIP SIX (6) NORTH, ERTY DO HEREBY DIVIDE THE RANGE SIXTY-SIX (66) WEST OF THE 6th. P.M. , THE SAME AS SHOWN ON THE WELD COUNTY, STATE OF COLORADO. I( ATTACHED MAP. SAID TRACT CONTAINS 77.000 ACRES.+ / eif E �` LOT "A" Ilk Al,�� oto� 74 AC.*- la SOOT\ A THE FOREGOING CERTIFICA- RN -- TION WAS ACKT]OWLEDGED BE- \`� FORE ME THIS .1 S'4 DAY OF - O " A.D. 19 j7 . _ `k!� Y COMMI ION EXPIRES:/3/cb -- N�OT Y PUBLIC: ' A2 , r. 2:.�. W TNESS MY HAND AND SEAL T i T w In v T W W v) ug w i z z . El EXISTING CORNER o SET CORNER 4188°22120W THE BEARING OF THE SOUTH a 374.30' o LINE OF SECTION 29 IS *i. ^ = m S VA COR CONSIDERED TO BEAR m `9 L0 T ""B" ") 'n SEC. 29., N 88° 09 '45"E AND ALL OTHER o ro o T:G N., BEARINGS RELATIVE THERETO. cl M 2.757 AC.o R. W., SW COR. SEC. 29 371.00' 2 t t,,11, P.M. T.GA1., R.4LW., ° NRS°09' 45"E ' yoH R 3UJTH Un1E SEC. 29-1 - i WELD COUNTY RD. 31 , ! + THE ACCOMPANYING 4 PLAT IS ACCEPTED' '` 7 °' ..I HEREBY CERTIFY THAT THIS PLAT WAS PRE,- APPROVE FOR FIL v .:s,-PARED UNDER MY SUPERVISION; AND THAT THE AA--- C �r�,A; ( SAME IS CORRECT TO THE BEST OF MY KNOW- ' / etiv RMAN OF THE BOARD OF ;:. COMMISSIONERS —Irl ). RE=cQ SURVEYOR, ArreST: COUNTY CLERK AND RECORDER ���r( (��; i 13184 B . APED _3. ` / r- I 14 :ii ' i' 1ts ; 141g 0) I ! .. i l ii1iii • g son O m g a ,g n RIFF3111.At)3i3 to ---______ .�_- AND CERTIFIED MAIL — EGEIP FOR CERTIFIED MAll 3 SENT TO 00 (plus postage) Lester roetzel POSTMARK 'a- ST a O. OR DATE 1-",- P.O., STATE AND ZIP CODE Cr) reel Co D IONAL�SERVICES FOR ADDITIONAL --------- 3/3/r.. RETURN 1. Shows tow om and i e daliveretl 154 _ RECEIPT ill delivery to addressee on SERVICES 1' Shows to when,date and where delivered„ 4 • DELIVER T Wie�y to addressee onl 0 0 ADDRESSEE ONLY ,,. a x35_ 1� SPECIAL DELIVEgY(extra f N rsQei red..................................._ PS Form Apr.Form a NO INSURANCE COVERAGE PROVIDED_ NOT FOR INTERNATIONAL MAIL (lee other side) A GPO ma O-460-743 • I r, { f &c(tte t STATE OF COLORADO T COUNTY OF WELD r ss. HILL, ;c t: c crd1 of the Board DEPARTMENT OF PLANNING SERVICES of County Con. ssloner; ' 1T1'177 PHONE (3031 356-4000 EXT. 400 C 915 10TH STREET WI I DO coven'aerert nrvo xeconc eo GREELEY, COLORADO 80631 BY Deputy.� COLORADO February 23, 1977 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #247 Dear Commissioners: The attached application, plat and related items are in reference to a request by Lester Goetzel for a recorded exemption. The parcel of land in question is described as the Ea of SW$ of Sec. 29, T6N, R66W of the 6th P.M. , Weld County, Colorado. The subject contains 76 . 75 acres of Class II and III irrigated soils . The request is to split the property into parcels of 74 acres and 2 . 75 acres. The Goetzels currently reside on the 2 . 75 acre parcel . The 74 acre parcel is presently unimproved irrigated agricultural land. The 74 acre parcel is proposed to be sold to Mr . Jess Kohler who lives and farms out of an adjacent section . Mr. Kohler has no need to construct farm improvements on the 74 acre parcel since he already has existing farm improvements on an adjacent sec- tion. Based upon the information submitted and the adopted policies in the County, the Planning Commission staff recommends that the request be approved for the following reasons : 1 . The proposed split conforms with the intent clause of the recorded exemption procedure (Sec. 9-2 of the Weld County Subdivision Regulations) ,the intent clause of the Agricultural District (Sec. 3 . 3A of the Weld County Zoning Resolution) , and the Weld County Comprehensive Plan since the use would be compatible with the surrounding agricultural uses. Board of County Commissioners February 23, 1977 Page Two 2 . The request complies with the provisions of Sec. 9-4(A) of the Weld County Subdivision Regulations . R pe tfully, 2 toLvlitety Thomas E. Honn Zoning Administrator TEH/km 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 : LEGAL DESC . APPR : APPL . FEE : s 1 APP . CHECKED BY : RECORDING FEE : ,d t� DATE SENT TO BOARD: � RECEIPT NO. : '�� • DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : (Pri t or type only except for required signatures) : I (we ) , the undersigned hereby request that the following described prop- erty be designated a recorded exemptio:l by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : Plat attached ACREAGE : LOT "A" 74 Acres ± ; LOT "8" 2.757 Acres ;TOTAL : 76.757 AcreL HAS THIS PROPERTY BEEN DIVIDED FROM OP HAP DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1912? NO FEE OWNERS OF PROPERTY : NAME : LFSTER y. G0ET T, ADDRESS ti3��5i weld County PHONE :352-24a 52_2(,1,8 NAME : ADDRESS Road #64, PHONE : NAME : ADDRESS Greeley Colo. PHONE: $0b31 WATER SOURCE Information attached` TYPE OF SEWER Fod..3tine residential septic. (Lot B) Prrrr=.42 s� �t'� L�-i i A-11,4 PROPOSED USE Agricultural (Lot A) cip tct I hereby depose and state under the pen.aiities of perjury that all statements proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) • r S gnat e : _wner r uthorizedt Subscribed and sworn to before me this day of ee<e , 19 77 S EAL Q NOTAR LP"UB L I C /977 My commiss o'f n expires : — .af 44fr4 d�,d , ' Y 1i Y ; ,,I cr L T f k u-. Y yy •, ✓ �� Qv If''f' ,Y .a .. It 'k• y ; _ c. .. p11Xi�J'0 bAN 4,, t ggX� Lot O 4r LOT,8 die ' f .,4 1,, ti r.10 t ' i k, < NpV4 ' n 1�1ti' 3 ♦ y i 41, T. 1 ' ' s wVs t IL al' Y yF ES+ � � �� } a lit; irt g P "S {sp.it , A Y 4 a 'w " �p P S h am & { 1 Y� Y -t t bra h fth t x,44. s 4, n, a #A 9 §aFF s r 4 4 }' I , �" h; , 'fi x t if s f 4 rd Y rY E & ss 1 , s aka p . tl$ 4 s `"` ` Y h' =1 dpi ' ' : . n l . a, o ins e 'ta 4 $, pp :t .�tl ..�. ' (1;:.*:, ; t u i r e ,, , Y ° q w 4 ntc . > ) rri Z iS¢ 1 it, �i t,- 'd x� � ' r t�,p;n C�� r iv�n i. v { �' 5 ' - .A*�E.Y 4 N ' f t r f ., m'- s Y lit.' is Y ,A�h" tr�,id�q 'f .1�..� + , F` ',A kr i 7 { f - . U ) qq 1 Y .i S'Y REAL ESTATE C PROPERTY MANAGEMENT INSURANCE T LOANS IANG G REALTY PHONE 352-8606 1213 11TH AVENUE GREELEY, COLORADO January 18, 1977 Weld County Planning Board Greeley, Colorado 80631 Gentlemen: In response to a request for a letter of explanation and reason for our request of a recorded exemption, (as noted and described in the copy of the Contract of sale accompanying this Recorded Exemption Application) , follows: The land and improvements for which we are applying for a record- ed exemption, has been the home of Mr. Goetzel and his family for the greater part of his life. Mr. and Mrs. Goetzels children have no interest in the farm land but do wish to keep the land and improvements described in the Exemption, in the family. Since the purchaser of the irrigated farmland(from which this proposed recorded exemption is to be separated) is only two miles by road from the property Purchaser proposes to purchase and since he has very adequate living quarters and supporting buildings for his farming operation and therefore has no need for such living and supporting buildings, such a recorded ex- emption will in no way adversely affect the Purchasers and will be of real benefit to the Seller. Sincerely, Walter F. Johnson(Agent) Greeley Triangle Realty, Inc. WFJ/K WELD COUNTY PLANNING CERTIFICATE OF CONVEYANCES COMMISSION STATE OF COLORADO) COUNTY OF W°LO ) The STEWART TiTLE INSURANCE or ABSTRACT COMPANY hereby certifies that it `. s ;lade a careful search of its records , and finds the fo11cl" i conveyances affecting the real estate described herein sir;te August 30 , 1972 . LEGAL DESCRIPTION : The East Half (E1/2) of the Southwest Quarter (SW1/4) of Section Twenty-nine (29) , Township Six (6) North, Range sixty-six (66) West of the 6th P.M. , together with seven (7) shares of the capital stock of the New Cache La Poudre Irrigating Company and sixteen (16) shares of the capital stock of The Cache La Poudre Reservoir Company, together with all water, ditches, irrigation wells, rights of way for ditches and tile line appurtenant thereto, excepting and reserving unto the grantor herein all the oil , gas and other minerals lying in and under and that may be produced thereform, together with the right of ingress and ingress for the purpose of exploring for and removing same. CONVEYANCES ( if none appear , so s .7.2 ) . NONE Reception no. , Book R ception no . > Bcok Reception no. , Book Reception ro. , Book Recept ::r, no . Book__ Retention no: , Book Reception no. ..__., Book Tni : certificate is made for the use d:;d 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 STEWART TITLE COMPANY is hereby 'limited to the amount of the fee paid forr this Certificate. In "itness Whereof , STEWART TITLE COMPANY has caused this certificate to be signed by its proper officer this 7TH day of_ January , A. D. 19m, at 7.45 A.M. o ' clock. Stewart Title COMPANY By IZE bI • ' 577 JAN ;; 196/ ? ` - Rereptlon No L1JSUC3 AL.. ,-CMS Z.,om.r- Qrtr CLAIM Dl-F.'' ) _ r Ohio Bred, Made this 23'n day of 118ce;:.Se r , • in the year of our Lord one thousand nine hundred sixty-six , between FLORA JE:;:;TE GOETZEI. , of the County of WELD , and the State of Colorado, of the as r, first part, and LE:;TER V. (JOE I'ZEL i c_i of the County of WELD , and the State of Colorado, of the second part; WITNESSE'TH, That 'he said part y of the first part, and for and in consideration of the sum of tom Other valuable consideration and Te..-, and no/100 Dollars, to the said part y of the first part in hand paid by he said part y of the second part, the re- -' ceipt whereof is hereby confessed and acknowledged, 1.s remised, released, sold, conveyed and • QUIT CLAIMED, and by these presents do es remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, his heirs and assigns forever, all the right, title,interest, claim and demand which the said party of the first part ha s in and to the following described real estate situate, lying and being in the County of WELD and State of Colorado, to-wit: L The East Half (Ef) of the Southwest Quarter (SW;) of Section Twenty-nine (29) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. , together with seven (7) shares of the capital stock of The New Cache La Pnudre Irrigating Company and sixteen (16) shares of the capital stock of The Cache la Poudre Reservoir Company, together with all water, ditches, irrigation wells, rights of way for ditches and tile lines appurtenant thereto, excepting and reserving unto the grantor herein all the oil , gas and other minerals lying In and under and that may be produced therefrom, together with the right of ingress and egress for the purpose of exploring for and removing same. 4. -r (It being the intention of the gr-intor herein to release the life estate in said property reserved to .)the grantor and her husband, Joseph P. Goetzel, in Warranty Deed//dated September 21, 1961. It is the further intention of the gra for herein to retain in Ir full force and effect the Deed of Tri,y�L dated September 21, 1961, sezuring a promissory note in the amount of $16,000,00 from Lester V. Goetzel. ) To Have and To Hold the saint, together with all and singular the appurtenances and priv- ,_ ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in- terest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, hisheirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part ha s hereunto settler hand and seal the day and year first above written. Si esence of p rl{� g"��r/ efrA'ra " "es e C�et.zel dii/ "_ UU / d (Seal) (Seal.) STATE OF COLORADO.} s The foregoing instrument was acknowledged before me COUNTY OF WFLD this aft 'h day of December . A. D. l9 r r., '0,0 .. ".. ,,2� by FLORA 'E.(JIE GOFTZEL. v ...... s0 Witness my Hand and Official Seal. • Q W ', r • My Commission Expirerk-t -C-rt. 'L 2�': / -�\be S‘'�` / Notary Public. l4 ' _ _.� BOARD OF DIRECTORS ' Ar ERNEST TIGGES. PRESIDENT 42 ' $. NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH. I ST VICE PRES ROBERT ALKIRE, 2ND VICE PRES filDi �1 HIGHWAY 85 LUCERNE. COLORADO 80646 M. C. WIDMAIER. TREASURER InI " 1 TOM REED. SECRETARYLyle 4'''� ��� ARIRxRBONKNYti tt- - r . P.O. BO% 56 .NEPHON(E 356-3020 TO \VIIOM IT MAY CONCERN: RE : Water Service - Lester Goetzel Property Dear Gentlemen: This letter is in response to your request fur water service to serve the following described property : Section 29, Township GN, Range 66 West of the Gth P.N. ; Weld County , Colorado. Water service can be made available to the above described property provided all requirements of the District are satisified . 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 unless extended in writing by the District . Additional comments : Customer will be responsible for any and all costs incurred to install line extension, if any, and blow-off at end of line, if required. Sincerely , NORTH WELD COUNTYY WATER DISTRICT 1 Ic D . Nelson , Manager LDN/rr Goetzel, Lester Recorded Exemption -247 January 31, 1977 County Attorney County Health County Engineer tsa mEmoRAITum III e To Planning Commission Feb. 16 , 1977 Date COLORADO From Lester Goetzel-Recorded Exemption Subject: This request does not appear to create any engineering problems as there is a sufficient number of existing accesses to serve both lots A & B. it Gilman E. Olson Subdivision Director mfm ,r'.\ BOARD OF HEALTH Weld County Health Department DAVID WERKING, DDS,GREELEY FRANKLIN D. VODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAB, GREELEY DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON, AULT WILLIAM BUCK, ROGGEN (303) 353-0540 DORIS DEFACE,GREELEY DONALD HERGERT.GREELEY HERSCHEL PHELPS, JR., MD., GREELEY CLARENCE SITZMAN,GREELEY JOE STOCKTON.GILCREST February 7, 1977 o of Mr. Gary Fortner, Director 4s 'Q4.• , Planning Commission /- I C' Weld Co. Centennial Center I,r ' 'Bp F Nji 915-10th Street 4''2 Greeley, CO 80631 s TO WHOM IT MAY CONCERN: We recommend approval of Recorded Exemption for Lester Goetzel , 13451 Weld Co. Road 64, Greeley, Colorado located in the Sa, Section 29, Township 6 North, Range 66 West, Weld County Colorado. The soils are suitable for individual sewage disposal systems. Sincerely, T Glen E. Paul , Director Environmental Health Services GEP:dr FIELD CHECK / ( 1/6(- 7 FILING NUMBER NAME 7:_z , c ,e�. REQUEST 117E- LEGAL DISCRIPTION F�57,OL, Sec_ - ,2q 7-‘,4_,' /'F/ /1) 4 / / LAND USE N %lGj E // S // W // ZONING N LOCATION ,/, ;, 9 , ik,ki E W COMMENTS : ` f 1- �+�t.r�nl ("t 79 ,��-sJY leg-- ---c-nt-,t 1.142- t , / Ze)J / `I / .4"L/ -1 F fA L2(. /'tir iN%7(jfi/--T - ci s"-e \ ;'J/`4i-e/i 1447a L' _ 11 A- 1'ii?atta-'c_.c -C,c.4-L-.,(� _ js -,rc�.' ,_it.,,,,_ BY a u . 27()Zit/Gta Y.c GOETZEL RE-247 3 f 53 3 Scala , 1 : v, o E SWi Sec. 29—TCN-RGEW SOILS CAPABILITY CLASSI7ICATTONS IRR. DRY. 53-B IIIe lye 55-I3 Ile IITe O DEPARTMENT OF PLANNING SERVICES WI I D PHONE 1303) 356-4000 EXT. 400 915 10TH STREET OGREELEY, COLORADO 80631 COLORADO January 26, 1977 Lester V. Goetzel 13451 Weld Co. Rd. 64 Greeley, CO 80631 RE : Request for a Recorded Exemption on a parcel of land described as the El of SW4 of Section 29, T6N, R66W of the 6th P.M. , Weld County, Colorado containing 77 acres more or less. Dear Mr. Goetzel : Your application and related materials for the above described request are complete and in order. I have tentatively sche- duled the hearing by the Board of County Commissioners for February 21 , 1977 at 9: 30 A.M. Said hearing will take place in the County Commissioners ' Hearing Room, First Floor, Weld County Centennial Center , 915 10th Street , Greeley, CO. It is recommended that you and/or a representative be there to answer any questions the Board might have with respect to your application . If you have any questions with regard to this matter , please do not hestitate to contact our office. Respectfully,/ 711--1 :1 ,!C: Ken McWilliams Assistant Zoning Administrator KM/pr cc Walter Johnson Triangle Realty Inc. 1213 11th Ave. Greeley, CO 80631 , Hello