HomeMy WebLinkAbout790783.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 426 - MARVIN D. HOPPER,
ET AL.
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 Com-
missioners of Weld County, Colorado, at a public hearing held on
the 17th day of October, 1979 in the Chambers of the Board of
County Commissioners of Weld County, Colorado, that the division
into two parcels of land, as shown on the plat known as Recorded
Exemption No. 426 , being the property of Marvin D. Hopper, et al. ,
described as part of the North Half of the Southeast Quarter of
Section 15, Township 2 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, being more particularly described as
follows :
A tract of land located in the North one-
half of the Southeast one-quarter of Sec-
tion 15, Township 2 North, Range 68 West
of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows :
Beginning at the intersection of the North
line of the Southeast one-quarter of Sec-
tion 15 and the West R.O.W. line of U.S .
Interstate Hwy. #I-25 whence the East one-
quarter corner of said Section 15 bears
South 89°49 ' East 249 . 70 feet; thence along
said West R.O.W. line South 00°01 ' West
1330 . 35 feet to the South line of said South-
east one-quarter of Section 15; thence along
said South line North 89°47 ' West 2405.06
feet to the Southwest corner of the North
one-half of the Southeast one-quarter of
Section 15; thence North 00°04 ' East 1329 .05
feet to the center of said Section 15 ; thence
South 89°49 ' East 2403.91 feet to the point
of beginning, containing 73 .400 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
790783
and the Board desires to exempt this particular division of
land from the definitions 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 Subdi-
vision 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 Marvin D. Hopper, et al . , be, and
hereby 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 17th day of
October, A.D. , 1979 .
BOARD OF COUNTY� COMMISSIONERS
ELD COLORADO
4.44. ._
(Aye)
Norman Carlson, Chairman
/ n-J-.ZjAAYe)
Lyd' Dunbar
K /L9/ (Aye)
C. W. Irby
on. ✓cep (No)
nard L. Ro
ne K. S einmark
ATTEST: 71A.T�-� Lnt
Weld County Clerk adi6Racorder
and erk to the Boar
J De uty County ark
C_ AP R AS TO FORM:
ens
County Attorney
DATE PRESENTED: OCTOBER 22 , 1979
i3i6 15- I - HE426
. ' RECORDED' EXEMPTION .4O.
NE. COR.SEC.I5 E.I/4COR.SEC.15 SE.COR.N.I/2,SE.V4 SE.COR. SEC.I5
T2N,R68W, 6TH. T2N, R68W, 6TH. SEC.15: T2N, R68W, 6TH.
P.M. P.M . - P.M.
_ - - - - - - - NORTH 1330.90 - - _ - -
p• J
EAST LINE SE.1/4, SEC.IS ' •' ,. 13 0.50'
0
° U.S. INTERSTATE I-25 g
et
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UNION R.E.A. 40' IRRIG.DITCH 25' WEST LINE 1
I I I EASEMENT BOOK EASEMENT HWY.I-25
656 REC.NO. 1575163 BOOK 1503 PS 107- BOOK 1903
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I I NOTES:TRACT RECORDED BOOK I
1024 PAGE 95 CONTAINED I .
III IN 0F PRESENT2S
RIGHT OF WAY
I • ALL BEARINGS RELATIVE
TO EAST LINE S.E. 1/4
SEC. IS NORTH AND DO
NOT NECESSARILY REFLECT
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T2N,4 COR.SECS R68W6TH. I I T2N,R68W, 6TH. SE.I/4,SE1C.15 I I T2N4, R68WE6TH.
P.M. I I P.M. I P.M.
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DATE: AUGUST 17, 197 9 a 111 M t
JOB NO. 179- 2237 RINN/'
MARVIN D. HOPPER 16 - /15 14=
SHARON K. HOPPER �- , I
PROPERTY
1
VERNER A. JOHNSON LOCATION I ; k.
ADELYN C. JOHNSON /
WELD COUNTY, COLO. �-�^'---------�
�" RINN
COMMUNITY
CHURCH M
7
22
VICINITY MAP SHEET lOF2
1 I•• -2000" 179-2237 4
tali-lb-I- Kt 'tdE
RECORDED ' c.XEMPTION NG. �� o
n '�` 1
�LEGAL DESCRIPTION •
O `�
A tract of land located in the North one-half of the Southeast one-quarter of Section 15,
Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more
particularly described as follows:
Beginning at the intersection of the North line of the Southeast one-quarter of Section IS
and the West R.O.W. line of U.S. Interstate Hwy. # I -25 whence the east one-quarter corner
of said section 15 bears South 89°49' East 249. 70 feet ; thence along said West R.O.W. line
South 00°01 ' West 1330. 35 feet to the South line of said Southeast one-quarter of Section
15; thence along said South line North 89°47 ' West 2405. 06 feet to the Southwest corner
of the North one-half of the Southeast one-quarter of Section 15; thence North 00°04 '
East 1329.05 feet to the center of said Section 15; thence South 89°49' East 2403.91 feet
to the point of beginning, containing 73.400 acres more or less.
SURVEYOR'S CERTIFICATE
1 1,
I hereby certify that this plat was prepared under my direct supervision fdt„n a survey
made by Glen V. Overturf, R. L. S. #2152, dated May 12, 1973, and that the same is correct
to the best of my knowledge and belief.
Ronald W. dams, R.L. S. #13 46 ry
We, Marvin D. Hopper, Sharon K. Hopper, Verner A. Johnson and Adelyn C. Johnson, being the
sole owners in fee of the above described property do hereby subdivide the same as shown
on the attached map.
,;)) kJ
it yt,• - "1
Marvin D. Hopper / Sharon K. I-i prrr
Marvin D. Hopper, Att r e•r in Marvin D. Hnnpee. , Att rr.y in
Fact for Verner A. J hn.son Fact for Adelyn C. Johnson
The foregoing certification was acknowledged before me ;his 30th day of
August A.D. , 197 9
My Commission Expires: August 6 , 1980
Notary Public � i� /4�
Witness My Hand and Seal
The accompanying plat is accepted and approved for filing.
CHAIRMAN OF THE BOARD OF COUCCt''1i . It:li,
ic
ATTEST: County Clerk _
Date c_-/G//7 /-_7 0
SHEET: 20F2
179- 2237 T`
DEPARTMENT OF PLANNING SERVICES
PHONE 1303)3564000 EXT.404
915 10TH STREET
GREELEV,COLORADO 80631
C.
COLORADO c
October 17, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #426
Dear Commissioners :
The attached application, plat , and related items are in reference to
a request from Marvin D. Hopper, et al for a recorded exemption. The
parcel of land on which this request has been made is described as Pt.
N*SE* Section 15, T2N, R68W of the 6th P.M. , Weld County, Colorado.
This property is located 2 miles west and 1-1/2 miles north of Firestone.
The property contains approximately 73 .4 acres of Class II and III ir-
rigated soils. The request is to split the property into parcels of
4. 0 acres and 69.4 acres.
On September 26 , 1979, the Board of County Commissioners approved a
request by Marvin D. Hopper, et al for a lot size variance so that they
could make application for this recorded exemption. At the time they
made the decision on that request , the Department of Planning Services
Staff submitted a letter of recommendation for denial to the Board. A
copy of that letter for denial is included in the attached packet. No-
thing has been received by our office that would change our recommenda-
tion of denial for this request as outlined in the letter to the Board
of County Commissioners dated September 26, 1979. This request complies
with the provisions of Section 9-4 A. of the Weld County Subdivision
Regulations.
Resppecct1tful'l�y,,
o aril*"
Chuck Cunliffe
Assistant Zoning Administrator
csd
APPLICATION FOR RECORDED EXEMPTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :
CASE NO . RE 4-Z, (0 APPL . FEE .:25 '>a
ZONING DISTRICT -f • kAmi0., RECORDING FEE y o0
DATE OCT 1 1979 RECEIPT NO . / p-76o9 /21-
APPL . CHECKED BY Cal,
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 :
A tract of land located in the North one-half of the Southeast one-quarter of Section 15,
Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more
particularly described as follows:
Beginning at the intersection of the North line of the Southeast one-quarter of Section 15
and the West R.O.W. line of U.S. Interstate Hwy. #1-25 whence the east one-quarter corner
of said section 15 bears South 89° 49' East 249.70 feet; thence along said West R.O.W.
line South 00° 01 ' West 1330.35 feet to the South line of said Southeast one-quarter of
Section 15' thence along said South line North 89° 47' West 2405.06 feet to the South-
west corner of the North one-half of the Southeast one-quarter of Section 15; thence North
00° 04' East 1329.05 feet to the center of said Section 15; thence South 89° 49' East
ice ovsR pole RemA,,vov,e Of LEGAL.
ACREAGE: Lot "A" 4.0 acres ; Lo " B" 69.400 acres ; Total 73.400 acres
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 No X
FEE OWNERS OF PROPERTY :
Name : Marvin D Hopper Address o ailed c{yR.claba Phone 7z2 - 157/
dame : Sharon K Hopper Add ress34,,cy /Lkkd nl ';fl9hone 772- 257/
Name : Verner A Johnson Address73°.ay, ,E/ 6 0^ frzfae• Phonifros-) ,9-02-56y/
Addel n C Johnson Left Hand Water E -'�:Kla.
WATER SOURCE y FOR: Lot "A" Supply Co ; Lot "B" Same
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" Same
PROPOSED USE FOR : Lot "A" Residential ; Lot " B" Same
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 )
' gnat : Owner or Authorize Agent
Subscribed and sworn to before me this 30th day of August , 19 79,
My Commission expires Aug. 6 , 1980.
SEAL d-J
Notary Public
2403.91 feet to the point of beginning, containing 73.400 acres more or less.
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
WI I
COLORADO
September 26, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Lot Size Variance #102
Dear Commissioners:
The attached letter and related materials are in reference to a re-
quest for a lot size variance from Marvin D. Hopper, et al. The
property on which this request has been made is described as Pt . Ni
SEt Section 15, T2N, R68W of the 6th P.M. , Weld County, Colorado.
This property is located 2 miles west and 1-1/2 miles north of
Firestone. The property under consideration contains approximately
73.4 acres of Class II and III irrigated soils. The request is to
obtain a variance from the minimum lot size requirement , Section
9-4. A. (6) of the Weld County Subdivision Regulations, so that they
may make application for a recorded exemption.
The Hoppers wish to build a new home on a 4 acre parcel. As stated
in their letter dated August 29, 1979, they were unable to secure a
construction loan without a separate title on the 4 acres. They wish
to separate the 4 acres to protect their personal investment . The
balance of the property is owned by a partnership,
Based upon the information submitted and the adopted policies in the
County, the Department of Planning Services Staff recommends the re-
quest be denied for the following reasons :
1. The proposed request does not comply with the Weld County Compre-
hensive Plan because it would promote non-agricultural use of
agricultural land and it would encourage urban encroachment on
rural land use.
4'
Board of County Commissioners
Page 2
September 26, 1979
2. This request is not in conformance with the intent clause of the
Agricultural Zone District (Section 3.3A of the Weld County
Zoning Resolution) . This request would not be encouraging
agricultural use as the highest and best uses, it would not be
providing for the orderly expansion of urban growth and it would
be promoting the division of agricultural land into smaller, less
economic parcel sizes. The applicants have stated that they
intend to keep the larger parcel in agricultural production,
however, if this request is approved it would allow a second
residence on the parcel increasing the residential density on the
parcel and in the surrounding agricultural area. Increased
residential density can result in greater demands on the services
which residential uses require and higher costs for providing
those services to the residents of the County.
3. This request is not in compliance with the intent clause of the
recorded exemption procedure (Section 9-2 of the Weld County
Subdivision Regulations) . The parcel contains one existing
residence and outbuildings with the majority of the parcel in
agricultural production. This request would allow another resi-
dence on prime agricultural land which, iin the opinion of the
Department of Planning Services Staff, would be non-compatible
with agricultural district uses.
Respectfully,
11'
esik '' v
asSAB,1"\ta
Chuck Cunliffe
Assistant Zoning Administrator
csd
f
A..g. 29, 1979
Weld County Planning and Zoning Committee
Weld County Commissioners
Greeley, Colorado
Dear Committee Members ,
We are requesting a separation of our land into two
partials , as described in the attached plat.
We would like to explain our original intentions
before and during our purchase of the said property.
In 1972, when we moved to Colorado, we moved into
this old farmhouse with the option to purchase the farm
if we could manage to finance it. We decided to purchase
the farm, but had difficulty finding a way to finance it.
We then agreed to accept a partnership, in all but four
acres, with Mrs. Hopper' s mother and step-father. Our
intentions were to separate the four acres, so if we did
lose the farm, for some unknown reason, we would not lose our
house.
Our attorney at the time, Chuck Saxton of Longmont,
said he would take the appropriate action to separate the
four acres and protect our personalihvestment. It was not
until this year, when we decided to build a new home and
went to get a loan, that we discovered that we were unable
to secure one on just the four acres without a separate title.
We need the separate title not only to finance our new
house, but to insure us that if something was to happen to
one of the partners , their heirs could not come in and cause
us to lose our home.
We fully intend to keep the 69 acres in crops as we
have in the past. We throughly enjoy not having close
neighbors, and would like to see as much land remain g3 good
farm land as possible.
Your positive consideration on this title change will
be greatly appreciated.
Since ,
O D. Ho e
aron . Hopper
76441
3656 Weld Cty. Rd. 20i
Longmont, Colo. 80501
x
CERTIFICATE N? 3144
NOT FOR PROFIT CORPORATION INCORPORATED
UNDER THE LAWS OF THE STATE OF COLORADO
Left Hand Wat r Supply Company
I ilk, is to Ce That I I t Ul ti -vL'
O\-IA 1_ c1XUL�Li7l
is a member of the LEFT HA WATER SUPPLY COMPANY, a corporation
without capital stock, organized under the laws of the State of Colorado and
is entitled to all of the benefits and subject to all the rules and regulations of
the Company, as provided in its Articles of Incorporation and By-Laws.
The Holder hereof is entitled to one vote only in the affairs of
the Company and the holding of additional Certificates of Membership by
the Holder hereof shall not entitle him to more than one vote.
IN WITNESS WHEREOF, LEFT HAND WATER SUPPLY COMPANY
has caused this Certificate to be signed by its dul rized officers and
Sealed with its Corporate Seal this day of
ATTEST:
cZIC aY7C/ 4°,A A
I � C
r.t
President
,J. X
f
LEFT HIThD WATER SUPPLY COr'ANY
•
P .O. BOX D NIWOT, COLORADO 80544
P1ionrs 652-2188 , Metro 443-2036
August 13 , 1979
Marvin Hopper
3656 Weld County Road 201
Longmont , Colorado 80501
Mr. Hopper:
The present home located at 3656 Weld County Road 201 ,
Longmont , Colorado, is being served by Left Hand Water Supply
Company. (Certificate enclosed. )
A Left Hand water line is parallel to County Road 20j .
If the Company engineer approves and when all Company policies
and requirements are met , another membership will be available
on the property.
If further information is required, please contact our
office. T(Thank you,deu en
David F. Coleson,
Manager
DFC/jm
enc.
St •
LEGAL DESCRIPTION
CASE NO. ISV IO
a H
5 M=
SOIL CLASSIFICATION
OLD NO. NEW NO. IRRIGATED NON - IRRIGATED
a4 A-B )0o►c_ m _ tiro L )F .
41 IT a
51- FM3
51- BC, 11
53 - 118 . 3'1 .w- 5 T-
r
REFERRAL LIST ✓-,
to
p ' APPLICANT Hopper/Johnson
H
CASE # LSV-102
REFERRALS SENT OUT ON: September 7, 1979
z v REFERRALS TO BE RECEIVED BY: Septem ter 19, 1979
C T-7 F7
U U 0
.. a -
'- r-
pi5 ti REFERRALS RECEIVED
JCICXU(xXxxxtgart lx-xxin
X SEP 21 1979 County Health
X County Engineer
Tri-Area Planning Commission
c/o Debbie Smaller
Box 363
Frederick, CO 80530 9/12/79
sent 9/6/79
State Highway Department
SEP 17 1979 1420 2nd Street
Greeley, CO 80631
T$•
FIELD CHECK
FILING NUMBER: k-S`I 1O'Z DATE OF INSPECTION: SEP 24 1979
NAME: OCT
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REQUEST: \--eV 5\2t v0.Y'00.WG-2r
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RECORDING DATA - MAPS b PLATS
NAME OF SUBDIVISION Recorded Fxem t;on #1913 -1-RF42f - ---------
NAME OF SUBDIVIDER Hopper Marvin D8 Sharon,K, Johnson Verner A_8 Adelyn_____ _.
S Sec15 T.2 N. , R.68 W. of the 6th P.M.
LOCATION OF SUBDIVISION Hi � � ----
HATE OF RECORDING 0CT 2 31979 BOOK 885 RECEPTION N 1807124
MARY ANN FEUERSTEIN
WELD COUNTY CLERK E AND RECORDER
n
B Y: 1�'Ci. Y l-�'/�"`'`�V J
DEPUTY COUNTY CLERK d RECORDER
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