HomeMy WebLinkAbout790833.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 379 - HERBERT AND SHIRLEY
PANKOW.
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 7th day of March, 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. 379, being the property of
Herbert and Shirley Pankow, described as the Southwest Quarter of
Section 1, Township 1 North, Range 64 West of the 6th P.M. , Weld
County, Colorado, being more particularly described as follows:
The Southwest Quarter of Section 1, Township 1 North,
Range 64 West of the 6th P.M. , County of Weld, State
of Colorado.
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
definitions 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 Herbert and Shirley Pankow 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, provided that access from Lots A and
B to State Highway 52 should be limited to those which presently
790833
exist and a dedication of 75 feet on each side of the centerline of
State Highway 52 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
March, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
4 t& l oa."iyJA. ..
Pin-dx" »u NCI
1/47114% • th:ni
ATTEST: U
Weld County Clerk and Recorder
and Clerk to the Boa
BY: -�
Deputy County Clerk
A�j D AS TO FORM:
�___ V
County Attorney
DATE PRESENTED: MARCH 12, 1979
• RECO,fDfl. EXEMPT/ON /V_ 1475-1 -3 RE 379
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RECORDED E'%emPnON Ace 1475-1-3 RE 379
LEGAL DESCRIPTION
The Southwest Quarter (SW' ) of Section 1 , Township 1 North , Range 64
West of the 6th P . M . , County of Weld , State of Colorado . 41
SURVEYOR ' S CERTIFICATE o�elf O
I hereby certify that t '"p`1`'"t as prepared 71
21 6 $> >3� .v under my supervision ;
and that the same is .. T
SAFE best o\ knowled nd belief .
E "°fie 4092 IA I* JASP • REt
kri. a"� Color. . o ' . E . & L . S . No . 4392
tJ
ftROP(°RYI6 11RER ' S APPROVAL
We , Herbert G . Pankow and Shirley M . Pankow , being the sole owners in
fee of the above described property do hereby subdivide the same as
shown on the ached map.
Herbe '/rt G . Pa ow _470,-4 P"-- 3/./&‘ irley M Pahkow
Q�„►��.n,!
(c
The fore ing certificatiop wa ,�ckn6w % �g�d before me this ‘ t (..,
day of 0, A;. D . ,_ 1979 . li ness my hand and seal .
My Commission Expires : ' — c,.•'OP
3, /V, aoa
. ,i,-. O',..GOv,O' otary b is
PLANNING COMMISSION CERTIFICATE
The accompanying plat is accepted and ap roved for filing .
CHAIRMAN
‘71101- 01"4":1
J�► /f Board of County Commissioners
ATTEST : County Clerk " • 01- x%' :i�eu"-- ✓
Dated 3- -( -- 77
;li 2-ease en nen 79-43
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
11 1 C.
COLORADO
March 7, 1979
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption #379
Dear Commissioners:
The attached application, plat and related materials are in reference
to a request by Herbert and Shirley Pankow for a recorded exemption.
The parcel of land is described as the SW* Section 1, T1N, R64W of
the 6th P. M. , Weld County, Colorado. This property is located 1-1/2
miles southeast of Keenesburg on Colorado State Highway 52. The pro-
perty contains approximately 160 acres of Class II , III and IV irri-
gated soils in the Agricultural Zone District . The request is to
split the property into parcels of 5. 04 acres and 155. 00 acres.
The proposed Lot A contains Mr. and Mrs. Pankow' s present residence.
Mr. and Mrs. Pankow desire to sell the irrigated farmland, Lot B, as
one agricultural unit .
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. This request does not comply with the Weld County Comprehensive
Plan because it would promote non-agricultural use of agricultural
land and it would encourage urban encroachment on rural land use.
In addressing the incursion of residential uses into an agricul-
tural area, the Weld County Comprehensive Plan states on Page 44,
the following:
"Residential development in rural areas necessitates an
increase of public service to that area. More people in
the area demand greater expenditures for educational facil-
ities, for sewer and water facilities, for police and fire
r— —
Board of County Commissioners
Page 2
March 7, 1979
protection and for other services. If the services and
facilities in the area are not capable of accomodating
the increased population, capital construction costs for
new facilities and services are involved. The costs of
such expansion will , in the end, be placed upon the tax-
payer; for, as shown by many cost-benefit studies, it
is unlikely that the increased tax base resulting from
the development of the land will increase revenues to
the point of paying for the required new facilities and
services. "
2. The Recorded Exemption request is not in conformance with the
intent clause of the Agricultural Zone District (Section 3. 3 A.
of the Weld County Zoning Resolution) which states:
"Intent - the intent in establishing the A-Agricultural
Zone District is to allow all agricultural and related
uses in those areas in which agriculture is and should
continue to be the predominant land use. This district
is intended to discourage encroachment of incompatible
uses upon the agricultural land in a district, to en-
courage agricultural uses as the highest and best use
of the land in the district as compared with other uses
in conflict therewith, and to provide for the orderly
expansion of urban growth in conformance with the Weld
County Comprehensive Plan. "
The request would not be encouraging agricultural uses as the
highest and best uses, 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.
3. The recorded exemption request is not in compliance with the in-
tent clause of the Recorded Exemption procedure (Section 9-2 of
the Weld County Subdivision Regulations) . Said clause states:
"The intent in establishing the recorded exemption pro-
cedure is to provide, in accordance with the Weld County
Comprehensive Plan, a means whereby nonproductive agri-
cultural land may be developed for higher and more pro-
ductive uses, insofar as such uses are compatible with
surrounding agricultural uses in areas where such land
division are proposed. (Revised 4-17-74) . "
The parcel contains only one set of improvements and is prime
agricultural farmland according to the Soil Conservation Services' s
classification system. If approved, this request could create
the potential for increasing urban residential uses and the
resulting service requirements within the Agricultural Zone District .
Board of County Commissioners
Page 3
March 7, 1979
It is a basic premise of the Weld County Comprehensive Plan that
the County should not encourage the break up of large blocks of
agricultural land resulting in the eventual loss of agricultural
lands to urban pressures, but work towards preserving agricultural
resources, promoting the agricultural economy and reducing con-
flicts between urban and rural uses in an agricultural area.
' spe fully,
homas E. Bonn
Zoning Administrator
VT/csd
STATE DEPARTMENT OF HIGHWAYS Weld County
SH 52
JACK KINSTLINGER EXECUTIVE DIRECTOR Pankow Exemp.
DIVISION OF HIGHWAYS DISTRICT 4
E. N. HAASE DWIGHT M. BOWER
CHIEF ENGINEER DISTRICT ENGINEER
NE N'
STATE OF COLORADO NE Cor. of Int.
P.O. BOX 850-1420 • 2ND ST. • GREELEY. COLORADO 80631 • (303) 353-1232 of Co. Rd. 59 8
SH 52
February 27, 1979
DOH FILE 45100
Mr. Chuck Cunliffe
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
We have reviewed the application from Herbert and Shirley Pankow for a Recorded
Exemption, and we ask for your consideration of the following comments.
1 . If this exemption is approved, we feel that access from Lots A and B to State
Highway 52 should be limited to those which presently exist. County Road 59
would seem to be a good alternative to bringing new access points onto a high-
speed roadway. If this cannot be accomplished, then joint use of any exist-
ing driveways should be considered.
2. Traffic projections on State Highway 52 indicate the need for a total of 150
feet of right of way, 75 feet each side of the centerline. We ask that the
necessary right of way to meet this need be protected by setback, reservation,
or dedication (preferably the latter) as local zoning laws and regulations
permit.
Thank you for the opportunity to review this application.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
ac.,4 Albert alotvacs la-
Assistant District Engineer
AC: da - O252627'
cc: D. M. Bower , 4 ?
D. N. Fraser (2) a '�
File: Crier-Jacobson via Rames-Finch-Graham `� R FF9 79j9
w/encl . cc
�`F!►iFpiss_ Defy
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4Ei ILLOl6%
' ,,?PLICATION FOR RECORDED EXL..PTION
PHONE : 356-4000 Ext . 404
Department of Planning Services , 915 - 10th Street , Greeley , Colorado
FOR PLANNING DEPARTMENT USE ONLY :CASE NO . RE i}}_ °1 APPL . FEE R - 45. Op
ZONING_ DISTRICT \ RECORDING FEE 44 . 00
DATE 7J13''1l RECEIPT NO . '()'bb kg o%v
APPL . CHECKED BY CAC..
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 :
SEE ATTACHED COPY
ACREAGE : Lot "A" 5.040 ; Lot " B" 155.000 ; Total 160.040
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 : Herbert G. & Shirley M. _ Address 5028 Weld Co. Rd59 Phone 732-438?
Name : Pankow Address _Keenesburq, CO 80648hone
Name : _ Address Phone
WATER SOURCE FOR : Lot "A" Well _ ; Lot " B" Henrylvnn Irrigation
TYPE OF SEWER FOR : Lot "A" Septic ; Lot " B" None
PROPOSED USE FOR : Lot "A" Residential ; Lot " B" Agriculturual
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 ) ileZet@artY
STATE OF COLORADO ) Signdture : Owner or t Agent
z6 .
Subscribed and sworn to before me this 6 et day of . , 1979 .
SEAL £ '
Notary P lic !3
3, /yx p
My Commi sion expires :
4
I need to sell the 155 acres of lot 'B' because I have a full time
job in Denver and since three of my sons will be in college this
fall I can no longer properly farm this land by myself.
However, we would like to keep living in our present have as my
wife and I like the general area and the people near Keenesburg.
-24g7 C
Herbert G. Pankow /" 7 17.f
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LEGAL DESCR'-")TIONS/ 7/ ff T
CASE NO. RAE 379
40A�
405 40A
40t
sea
40'D
4�� 46.14
4oB
SOIL CLASSIFICATION
OLD Na NEW NO. IRRIGATED NON- IRRIGATED
305 2(o .ffe
40A /4 S male_
40 8 /5 Er
406 /!0 11
49 V-CD /f3 No uc .7YE
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FIELD CHECK
FILING NUMBER: RE-379 DATE OF INSPECTION: 3/2/79
NAME : Herbert and Shirley Pankow
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: SW* Section 1, T1N, R64W
LAND USE : N Agricultural
E Agricultural
S Agricultural (School)
w Agricultural
ZONING: N Agricultural
LOCATION: t1/2 mile southeast of E Agricultural
Keenesburg S Agricultural
W Agricultural
COMMENTS :
There is 1 residence and outbuildings and corrals on proposed Lot A.
Access is via Weld County Road 59 (paved road) . Lot B is gently rolling,
irrigated farmland. Lot B does have a large natural drainage through
the north half. Lot B also has some salt problems on the north facing
slope of the drainage. There is a lined irrigation ditch in the south
boundary of the property. Weld Central High School is located across
Highway 52 to the southwest .
BY: A c ((:),(
•
RICHARD D. LAMM C.J. KUIPER
Governor : O State Engineer
18q®
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street-Room 818
Denver,Colorado 80203
Administration(303)839-3581
Ground Water(303)839-3587
February 23 , 1979
Mr. Chuck Cunliffe
Weld County Department of
Planning Services
915 10th Street
Greeley, CO 80631
Re: Pankow Exemption, #RE-379
Dear Mr. Cunliffe:
We have reviewed the above referenced application for exemption.
We feel that a dependable water supply will be available from the
domestic well on the property and we recommend approval of the Pankow
Exemption.
çr truly yours
ciAmii„
D Jeris A. Danielson
D- •uty State Engineer
JAD/GDV/mvf
cc: Jim Clark, Div. Eng.
2k2526622I
eul41,
FEB 1979
92 RECEIVED
Weld County
Planning Commission
S�1yv
`ell u CV3
X
mEmoRAnDum
WIIDc . To Planning Commission Date February 27 , 1979
COLORADO From) Gilman E. Olson, Utility-Subdivision Administrator
Subject: Herbert and Shirley Pankhow, (R.E.)
There are no engineering problems anticipated by this request.
,1/4Ze
Gilman E. Olson
Utility-Subdivision Administrator
GEO:sar
1,6212.8
Art 4 "t
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t Weld C3:1060a1 v
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DEPARTMENT OF PLANNING SERVICES
PHONE 13031 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
rj 7
1
® CASE NUMBER RE-379
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Herbert & Shirley Pankow
for a Recorded Exemption _
The parcel of land is described as SW; Section 1, T1N, R64W
The location of the parcel of land for which this application has been
submitted is Northeast corner of the intersection of County Road 59 and
Colorado Highway 52 , approximately lk miles southeast of Keenesburg
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreicate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. We would like
to receive your comments by February 28, 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your�h * �C l
cooperation in this matter. , �/
�' FEB 1979 ca
^ n G RECEIVED 0)
'`�y�` ' Well Couaty a
Assistant Zoning Aa. dminist for PlanningCommission '
l9�sIfr1ELZ``V
EpWe have reviewed the request and find no conflict wit our interests.
�! Date /-2._(,_77 j Signed 'l1� �v,-�c-2s1 � l
Agency 44/1 -7,14(10, �24uza�fl✓i
2
4'
-
/CJ✓"-
. DEPARTMENT OF PLANNING SERVICE
/\112_11---
/�\ k1- 1-CS PHONE (303) 3564000 EXT.4
ry�+�DDD�w 915 10TH STREi
TIT
cif GREELEY,COLORADO 806,
;1 il ,,,, /79
Li ii S CASE NUMBER RE-379
COLORADO
c REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Herbert & Shirley Pankow _
for a Recorded Exemption
The parcel of land is described as SW* Section 1, T1N, R64W
•
The location of the parcel of land for which this application has been
submitted is Northeast corner of the intersection of County Road 59 and
Colorado Highway 52 , approximately 1? miles southeast of Keenesburg
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreicate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. We would like
to receive your comments by February 28, 1979 so that
we can complete our review before the scheduled Board of County
Commissioners meeting. Thank you very much for your help and
cooperation in this matter. 11
�1O�93Q31Qs
�� 1!.112:1;;‘);5)
O�rl'
Assistant Zoning Administ for ;!
We have reviewed th�� request and find no conflic� if
� itcp interests.
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Agency �We i d 1 oC.w..41 Ne6 lT h
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TD Rffiecorded a R0 o'clock. ' M, ^v 1 6 1971
F64 15'69 766 7NbEXEC `-
i�t � � Reception No t~ / / ANry S�O�n Fa Recorder. '�
, r f
THIS DEED, Made this 15tA day of June RECORDER'S STAMP
9 1971 . between ADOLPH LEBSACK and
CT
1 ROSE E. LEBSACK —+
State Dgthtnento Fee
C� Date "JUN 161971
I I
.0 of the County of Weld and State of _ •I
1.--' Colorado, of the first part, and
0T •
HERBERT G. PANKOW and
ill
r-1 SHIRLEY M. PANKOW a
fV 1
`_r of the
County of Weld and State of Colorado,of the second part:
WITNESSETH, that the said parties of the first part,for and in consideration of the sum of O
`i Forty—Eight Thousand and no/100 DOLLARS. IL
o . -
to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is o
hereby confessed and acknowledged, have
g granted, bargained,sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever, notcp
in tenancy in common but in joint tenancy,all the following described lot or parcel of land, situate, lying and
re being County of
f� in the Weld and State of Colorado,to wit: .-i
ND t,
i v
ri
_, SW; of Section 1, Township 1 North, Range 64 West of the
6th P.M. together with 160 shares in Henrylyn Irrigation
District, County of Weld, State of Colorado,
Reserving to First Parties the 1971 crops and all proceeds and pay—
ments therefrom together with unrestricted rights of ingress,
egress and access to and on the property for normal farming pur—
poses and reserving, without cost, the full use of the wooden
grainery for 1971.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents,issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part ieS of the first part, either in law or
equity, of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the said
parties of the second part,their heirs and assigns forever.And the said part ies of the first part, for them
selves •theilrirs, executors, and administrators do covenant, grant, bargain and agree to and with the
said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres-
ents they arewell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and ha ye good right, full power and lawful authority to grant, bar-
gain, sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever.
Except easements, restrictions, reservations and rights of way of
record, if any; First parties shall pay the 1971 real estate tax
exclusive of any tax assessed by reason of new construction and th
1971 irrigation water assessment, shall be paid by first parties.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part ies of the first part ha ye hereunto set the ikand S and
seal s the day and year first above written• . ! / /��'
V 0 O� Signed,Sealed and Delivered in the Presence of . .r%�...+1 1(,�� ?-e-K-C [SEAL]D { ]
1' Adolph Lebsack
[SEAL]
/
Ls.,, r..Q. �, ,j —L-- Gc--C 4- [SEAL]
STATE OF COLORADO, ] Rose E. Lebsack
}as.
{, �J/ County of J
T ? atltgArp- ument was acknowledged before me this day of June
O:
19 7 )kf' Addo�lp4. Lebsack and Rose E. Lebsack,
*PSy co �gsibn�xpiws:(4„ e77 . 197S:-Witness my hand and official seal.
.,\ _
,,1, "- ' fl' Notnq Public.
No. 921. WARRANTY DEED—To Joint Tenants.—Bradford Publishing Co.,1524-48 Stout Street Denver,Colorado-12-70
•If by natural person or persons here Insert name or names; if by person acting in representative or official capacity or as
attorney-hi-fact, then insert name of person as executor, attorney-In-fact or other capacity or description; if by officer of cor-
7 is
poration then Insert name of such officer or officers as the president or other officers of such corporation, naming it.—Statutory
A el-nowfedgment,Sec. 1 13-6-1 Colorado Revised Statutes 1 i1 33.
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RECORDING DATA - MAPS b PLA _
NAME OF SUBDIVISION Recorded Exemption #1475-1-3 RE 379
NAME OF SUBDIVIDER Herbert G. 8 Shirley M. Pankow _ __
LOCATION OF SUBDIVISION SW4 51, TIN, R64W of the 6th P.M. , Weld County, Colorado
DATE OF RECORDINGMAR 141979 BOOK 862RECEPTION M 1784380
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BV: dit[d �, n t4_4P/ pt
DEPUTY CLERK & RECORDER
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