HomeMy WebLinkAbout790516.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 369 - JANET AND GERALD
ROTH
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, it has been determined by the Board of County
Commissioners of Weld County, Colorado, at a public hearing held
on the 22nd day of January, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of a certain parcel of land, as shown on the
plat known as Recorded Exemption No. 369 , being the property of
Janet and Gerald Roth, described as the Northeast Quarter
of Section 30, Township 6 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as
follows :
The Northeast Quarter of Section 30, Taanship 6 North,
Range 64 west of the 6th P.M. , Weld County, Colorado.
The above described parcel is subject to a 30.00 foot
wide reservation for county road along the Northerly
side thereof.
The above described parcel contains a gross acreage
of 160 acres more or less.
does not come within the purview of 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
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board 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 2-1A (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 Janet and Gerald Roth he, and hereby
790 516
is, 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.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
January, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j'YI t` (c,„;,;,•.1.c..t.z-z-r., 9.6("Zelannal'
Weld County Clerk and Recorder
and Clerk to the B¢ar
(/f��Deputy County erk
APFROVED AS TO FOR : `\
County Attorney
DATE PRESENTED: JANUARY 24, 1979
•
Emanuel Roth Jr. and F ine Roth
2/ 700 Weld County Road oh 0801-30- I -RE 369
Greeley, Colorado
November 22, 1978
•
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RECORDED EXEMPTION No. 0801 - 30- I - RE 369
DATE: November 22, 1978 OA
OWNERS: Emanuel Roth Jr. and Pauline Roth SA"
LEGAL DESCRIPTION ;kg
The Northeast Ouarter of Section 30, Township 6 North, Range 64 West of the 6th P.M. ,
Weld County, Colorado.
The above described parcel is subject to a 30.00 foot wide reservation for county road
along the Northerly side thereof.
The Above described parcel contains a gross acreage of 160 acres more or less.
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SURVEYORS CERTIFICATE C
EM 10855
I hereby certify that this plat was prepared under my supervisioS,,> Sthat sari .1
correct to the best of my knowledge and belief. 'estJ?•sr''^�URN1e^k,/
Edward L. Bernier, LS 10855
We, Emanuel Roth Jr. and Pauline Roth being the sole owners in fee, of the above describes
property do hereby divided the same as shown on the attached map.
The foregoing certification was acknowledgd before me this 7�� a of 1
L,�-- -..- day 1-LLJ/<Cq:
My commission expires / //, > /1. �;?_
Notary Public Witness my Hand and Seal
The accomanying plat is accepted and approved for filing
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
ATTEST: COUNTY CLERK '1't
By
DATE 2"*-4 946-g)
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6378-I-]
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WI I D
C.
COLORADO
January 22, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #369 and a Variance under Section 12 A. of the
Weld County Subdivision Regulations
Dear Commissioners:
The attached application, plat and related items are in reference to
a request for a recorded exemption from Janet and Gerald Roth, Jr.
The parcel of land under consideration is described as the NE* Section
30, T6N, 1164W of the 6th P. M. , Weld County, Colorado. This property
is located 3 miles west of Gill. This property contains approximately
160 acres of Class I and III irrigated soils.
The request is to split the property into parcels of 0. 77 acres and
159 acres more or less. There are two existing residences on the par-
cel . The recorded exemption would split the Gerald Roth home (Lot A)
from the Emanuel Roth farm (Lot B) . The house and improvements were
given as a wedding gift earlier to the son but the legal transaction
was not completed at that time. The Gerald Roths are currently farming
380 acres in the area. There is no intent to sell either Lot A or Lot
B. Both families would continue to live in their respective residences.
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be approved for the following reasons:
1. The proposed split conforms with Section 9-2 of the Weld County Sub-
division Regulations (intent clause of the recorded exemption pro-
cedure) , Section 3-3A. of the Weld County Zoning Resolution (intent
clause of the Agricultural Zoned District ) and the Weld County Com-
prehensive Plan in that each parcel does have an existing set of
improvements. The use will be compatible with surrounding agri-
cultural uses. The request will allow agricultural and related
Board of County Commissioners
Page 2
January 22, 1979
uses to be the predominant land use. There will be no reduction
in the amount of land currently being used for agricultural pro-
duction. Furthermore, this action will not cause increased impacts
from residential development on the parcel in question or the
surrounding area as residential improvements exist on both proposed
Lots A and B.
2 . The request complies with the provisions of Section 9--4 A. of the
Weld County Subdivision Regulations.
In addition , the Gerald Roths are requesting a variance from Section
9-4 A. (7) of the Weld County Subdivision Regulations which states that
the minimum size of any building site shall not be less than one (1)
acre , except when smaller lot sizes are allowed in specific zoning
districts. The proposed Lot A will be only 0. 77 acres . + in size. The
Department of Planning Services Staff recommends approval of the variance
request in that we feel the request is reasonable and within the general
pur e and intent of the rules, regulations and standards established
the Weld County Subdivision Regulations.
Respe full ,
Thomas E. none
Zoning Administrator
VT/csd
APPL ATION FOR RECORDED EXEMPT' N
SHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
ae
CASE NO . APPL . FEE j CT
ZONING DISTRICT P RECORDING FEE / °-" O14(
DATE \ -L - at, --lac RECEIPT NO . /00'7:3
APPL . CHECKED BY rC -'
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described
property be designated a recorded exemption by the Weld County Board
of County Commissioners . LEGAL DESCRIPTION :
The Northeast Quarter of Section 30, Township 6 North, Range 64 West of the 6th
P.M. , Weld County, Colorado.
ACREAGE : Lot "A" 0 77 AC ; Lot " B" 196 more or 1essTotal _ihn more or less
Has this property been divided from or had divided from it any other
property since August 30 , 1972? Yes No x
Are there any existing improvements on Lot A? Yes x No
Lot B? Yes x No
FEE OWNERS OF PROPERTY :
Name : Emanuel Roth Jr. Address 24700 County Rd 66 Phone 352-1884
Name : Pauline Roth Address Same Phone
Same
Name : Address Phone
WATER SOURCE FOR : Lot "A"NnrthWeld ; Lot " B" North weld
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Septic
PROPOSED USE FOR : Lot "A" Single family Res. ; Lot " B" Single Family and Farming
I hereby depose and state under the penalties 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/,:e-ozo (,/fra )1
Signature : Owner or Authorized Agent
Subscribed and sworn to before me this f' day of 'Dec , 19 '7 c'.
SEAL 722 /z1C%
Not Public
•
My tommisc(cn exp!res Xpril 78 1982
My Commission expires :
x
7'_ nnir? Committee
e3. Js.net and Jerald Roth with the approval of the ro
Emanuel Roth. Jr. would like to 3.i'ri•ie our home and .77 acres from the
Emanuel Roth farm for the following re?sons.
First and most i.rnortant is tl''e fact that our house is tied to a
land transaction ,contract, which we would like to complete. A ccry of
this contract has been enclosed.
The second reason is that the house has been our home for the past
nine years. We would like to continue to possess this house and tie it
to our land and .farming operations (appr. 380 acres).
The third reason is that the house was given to us as a wedding
present with the promise that we would someday receive the legal papers
on it. With stricter zoning laws passed since that time, hope of obtaining
these papers seemed less and less possible. After talking to Rob Adams
several months ago, Bob gave us new hope of an recorded exemption, sine-
the house was necessary to our business operation and that there was no
- intention for resale.
When the time comes we would desire to purchase the reminder of
the Emanuel Roth farm. At that time the house will again become part of
the farm.
In the past nine years we have remcdeled the house, built fences and
improved this house to twice its orginal value. We need the recorded
exemption to protect our investment.
We would like to Thank the committee for their time and consideration
of this matter. •
Sincerely,
Gerald L. Roth
Z id RP. i2
Approved by,
Emanuel Roth Jr.
CD�' �KQ !y Recorded at.. 3 r°yY Co'clorc�k P M MAY 1 6 1978
C7Fr Reception No 1-[.5a�.S14.L MARY ANN FEUERSTEIN Recorder. it / • OUN
,•
?Know all then bg nine PSPIIfn, That d e' Eman11e1..Rath,.-.Js..T:.a n r7
I Pauline Roth
1 whose street address is 24700 Wld. Cnty Rd. 66 City or Town of Greeley
Weld 1
County of and State of Colorado
eu
for the
.:.7? consideration of Ten ($10.00) and other
t-
tn e
t—
. t Dollars,
in hand paid, hereby sell(s) and convey(s) to Gerald Lee Roth & Janet Marie Roth o
c
whose street address is 24806 Wld. Cnt_y. Rd. 6Crity or Town of Greeley
N
o County of Wild °
tv and the State of Colorado the n
following real property in the County of Weldo
and State of Colorado, N
to-wit; o
o
The SW% of Section 19, T6N, R64W of the 6th P.M. , together with 3
;,, irrigation wells and pumps now thereon, and a 5/8" North Weld water
k p of one share of Union Lateral Irrigating Company; hereby reserving
rPaulineoth,bRect to ofaa life estate in them and the survivor of them reservation bGon � rnin/) that certain 38 acres thereof including a reservoir site on that 38 .d
acres as in Book 118 at Page 135 Weld County records, said life estate
including the buildings, corrals and pasture now on said 38 acres.
The W' of Section 30, T6N, R64W of the 6th P.M. , together with 3
irrigation wells and pumps therefor; and together with 12 shares of the
Cache La Poudre Reservoir Company, and 8 shares of the new Cache La
Poudre Irrigating Company, and 1 share of the Union Lateral Irrigating
Company, and together with 140-acre foot allotment from the Northern
Colorado Conservancy District, and with a 5/8ths" North Weld water tan C ea
; , and reserving however in Grantors, Emanuel Roth, Jr. , and Pauline Roth,
for the benefit of the NE-, of said Section 30, T6N , R64W, a 14 interest
in the one irrigation well in the approximate center of said NW% of said
Section 30 and reserving an easement right of way and right of ingress
and egress along a pipeline extending therefrom easterly over to said
NE% of Section 30, relative to which the owners of said NE! of Section
30 are obligated to pay 1/2 of all of the operating and upkeep costs and
expense with relation to said one water well in said center of said Nll;:
and to pay all of the costs and upkeep and repair of their said pipeline
extending therefrom easterly over to said NL)S, as may be reasonable and
proper from time to time.
That certain approximate 2-acre portion of said 38-acre reservoir site
of said SW34 of Section 19 aforesaid, and which 2 acres are in the SE!
of Section 24, T6N, R65W of the 6th P.M. , being a part of said reservoir
s described. in Book 118 at Page 135 Weld County records.
ht certain house and small lot on which it is located as presently on
the NE% of Section 30, T6N, R64W, and which house is now occupied by
}
trantees ; together with any and all otherwaterrights and water conveyancing
rights used in connection therewith and appurtenant thereto howsoever
evidenced.
Excenting saving and reserving however a Vendor' s Lien for the $247, 500
balance of the purchase price hereof, in favor of Grantors , and which is
also secured by a first lion Deed of Trust given by Grantees back to
Grantors, and which lien will be automatically released upon release of
the Deed of Trust securing said indebtedness.
J 1 AI U I UK Y AC1UN V W LGUunizni 1
STATE OF COLORADO,
County of WELD r ss.
The foregoing instrument was acknowledged beforame this)417 day of-----....... %//dC T
By...i ianueL.Roth.,-..Jr...-,...Daid l'aUline Roth .4%ba .,tp,4,
Witness my hand and official seal. I.IY Commision L.*t3•State Document ,
commission expires tJ^. 1. 1973,
Date.. . MAY 1 .6_1978 My y ( ' �,-, r"Y • --- r. ��B��d
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with all its appurtenances and warrant(s) the title to the same, subject to--2O-foot strip of
land in width on the East side of aforesaid NWy of Section 30, being
a private road; irrigation ditch right of way as in Book 69 at
Page 623; 1978 taxes which Grantees assume arid agree"_t-o"_ga --_since
they are entitled to all of the crops of 1978 on aforesaid lands ;
and aforesaid Vendor' s Lien.
Signed this t �; day of ����lif�7-� , A.D. 19 78
In the Presence of
Emanuel Roth, Try
Pa-1iri`e K i`` 1 n G1`
STATUTORY ACKNOWLEDGMENT
STATE OF COLORADO,
ss.
County of WELD
The foregoing instrument was acknowledged beforeme this
)417 day of f r?ylie"; �f3
t0.
--By_- EAlanueJ.".Roth.---zx.., l)d"--a -P1L ine Roth .� -'''' :..'.-- la
Witness my hand and official seal. Ff'Y Co:nmlsiion Lail?
State Documentary Fee My commission expires Air. i• 97t. •)\1 8 n r
� d
•
Date -... MAY_l 6 1978 c ll s-ir-� t'� - `7-r e_ — a
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$ .2 � . C.t0 'Flv-omr.. Pu is ' Q
Mailing Address for
ruiwn rnv NNirou ,, __ _-
BOARD tT0R9
i". 7t_ NORTH WELD COUNTY WATER DISTRICT
ww �
ALEX HEIDENREICH
ROBERT ALHIRE ¶ HIGHWAY 85 LUCERNE. COLORADO 80646
GARY SIMPSON 2/ I I��I.' s . LYLE NELSON, MGR.
TOM REED
- P.O. BOX 56 - PHONE 356-3020
December 18 , 1978
RE: Water Service , Gerald Roth , Rt 1 Box 108A, Greeley , Co .
Dear Sirs :
This letter is in response to your inquiry regarding water
service to the following described property :
NE* Sec . 30-6-64
1 . X Water service is presently being provided to the
above described property .
0 . X Water service can be made available to the above
described property provided all requirements of
the District are satisfied .
If contracts have not been consumated with North Weld County
Water District within one year from date or this letter , this
letter shall become null and void.
Additional comments :
Sincerely ,
NORTH WELD COUNTY WATER DISTRICT
•
Lyle D . Nelson, Manager
LDN/rMl.
1
h A elCY Count Healt BOARD OF HEALTH
Y pepartment DAVID WERKING, DDS, Greeley
FRANKLIN D. YODER, MD, MPH WILLIAM SLICK. Roggen
Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley
GREELEY, COLORADO 80631 A. M. DOMINGUEZ, JR.. J ., Greeley
ANNETTE M. LOPEZ. Greeley
(303)353-0540
FRANK MYERS, M.P.H.. Windsor
HERSCHEL PHELPS, JR., M.D..
Greeley
1978-IO KATHLEEN SHAUGHNESSY, PHN. Ault
ARTHUR G WATSON, PlattevilleDecember 18,
Gary Fortner, Director
Planning Services
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Recorded Exemption requested by Gerald Roth has been
reviewed by Environmental Health staff and no apparent
conflict with health regulations is indicated.
Sincerely,
o n G. Hall , M.P.H. , irector
vironmental Health Services
JGH:dr
„^91920?1
a^ DEC 1978
RECEIVED TPA
` Weld County 7
Plannln* Commission OCur
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_ im GAL DESCRIPT'°N) it
CASE NO. sE SY—i
' -a5
t7-A -V A \ ISA
N
YA
/30
23
SOIL CLASSIFICATION
OLD NO. NEW N0. IRRIGATED NON - IRRIGATED
So A //o- r
/ 7 A 17// J A :OkI
3 l /7-S A_cn_)F_
1.
FIELD CHECK
FILING NUMBER: RE-369 DATE OF INSPECTION: 1-12-79
NAME: Emanuel Roth
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Agricultural
LAND USE: N Agricultural
E Agricultural
S Agricultural
ZONING: N Agricultural
LOCATION: 3 miles west of Gill E Agricultural
S Agricultural
w Agricultural
COMMENTS :
Lot A contains one residence and garage. Lot B contains the original
residence. The property is irrigated farmland. Accesses are existing.
BY:
a - mEmoRAnDum
To Planning Commission Dee January 3, 1979
COLORADO From Gilman E. Olson, Utility/Subdivision Administrator
Subject: Emanuel Roth, (R.E.)
There are no engineering problems anticipated by this request.
1404,04(
Gilman E. Olson
Utility/Subdivision Administrator
GEO:sar
72 346
JAN 1979 `°
ti RECEIVED
, weld Coney
Planning Corniisabe
-`cO26111t UV".
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