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HomeMy WebLinkAbout20120410.tiff RESOLUTION RE: APPROVE VACATION OF SPECIAL USE PERMIT#119 -J. LAVERN DAVIS 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, on October 27, 1971, the Board approved Special Use Permit #119 for the expansion of an existing turkey farm operation for Leonard Strear, dba Mountain View Turkey Farms, Inc., on the following described real estate, to-wit: Beginning at the southeast corner of said Section 16; thence north along said section line a distance of 5,280 feet; thence west 90° a distance of 450 feet; thence south 90° a distance of 2,480 feet; thence west 90° a distance of 762.6 feet; thence south 90 ° a distance of 2,800 feet; thence east along the south section line of said Section 16 a distance of 1,212.6 feet to the point of beginning, all in Township 3 North, range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, J. Lavern Davis, 10294 Hwy 66, Platteville, CO 80651, to vacate said Special Use Permit #119, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Special Use Permit#119 be, and hereby is, vacated. 3829568 Pages: 1 of 2 03/05/2012 02:32 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO PiPa1ihilllERI I+YWINr4rAK'IN11III1 eA, IAN* 2012-0410 5-01 -1a- PL0705 VACATE SUP#119 - J. LAVERN DAVIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sean P. aay, Chair Weld County Clerk to the Board to2-7",to„ I `` illiam F arcia, Pro-Te BY:Deputy C rk to the Boor lei :� �:� c -• b Kirkme erN •,34ilc Y A ED R ,r. • �n� ( f^ R `• t /David E. Long my ttorney kg C}�yvpr (Yvlt'-' Douglas adema er Date of signature: 3 -i - i a 3829568 Pages: 2 of 2 03/05/2012 02:32 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ����1 'i Pal G+tt'li�r'�I1 I4�N�LN�� I�iy.l tiles�l "Ill 2012-0410 PL0705 later MEMORANDUM TO: Board of County Commissioners COLORADO FROM: Michelle Martin, Planner III f,//� SUBJECT: Vacation of SUP-119 DATE: February 2, 2012 The Department of Planning Services has received the attached letter dated January 30, 2012 from J. Lavern Davis. Mr. Davis is requesting that SUP-119 be vacated from his parcel, 1209 16 000028 since the use of a turkey farm is no longer being operated on the property. Background information: Legal Description: Pt. E2 of Section 16, T3N, R67W of the 6th P.M., Weld County, CO. Location: South of and adjacent to County Road 34 and West of and adjacent to 19 County Road SUP-119: SUP-119 was approved by the BOCC on October 27, 1971, for A Special Use Permit for expansion of an existing turkey farm o C; rn m co 3t; C3 o m o no rn N (-< N 2012-0410 PLo "70.5 January 22012 2 To Whom It May Concern: Concerning the SUP 119 located on the property in the vicinity of CR 19 and CR 34, this SUP will no longer be needed as we will not be housing or raising turkeys at this location. Sincerely, J. Lavern Davis • • WILL OF M. MARGARET DAVIS I, M. MARGARET DAVIS, a resident of Weld County, Colorado, declare that this is my Will, and I revoke all my prior Wills and Codicils. fiARTICLE 1- FAMILY INFORMATION My husband is J. LAVERNE DAVIS. Any reference in my Will to my husband or spouse is to him. My children now living are JENNIFER A. STRAUCH, MARGARET JOLENE DAVIS, JUNE K. DAVIS, and JULIE L. DAVIS, all of whom are adults. Any reference in my jp1,) Will to my children is to such children only. Any reference in my Will to my descendants is to my children and their descendants. ARTICLE 2 - TANGIBLE PERSONAL PROPERTY 2.1. WRITTEN STATEMENT: I give my tangible personal property, other than property used in a trade or business, in accordance with a written statement that I may prepare, describing the property and the persons who are to receive it. 2.2 GIFT OF TANGIBLE PERSONAL PROPERTY TO HUSBAND OR DESCENDANTS: Subject to my written statement, I give all of my personal and household effects and all automobiles owned by me for personal use: A. To my husband, if he survives me; or B. If my husband does not survive me, to my children, but not to their descendants, to be divided among them in substantially equal shares as they shall agree. If my children fail to agree within six months after my death, my personal representative shall make the division. If my personal representative believes it is inappropriate to either distribute to or preserve for my children a particular item of property, my personal representative may sell that property and add the proceeds to the residue of my estate or, if my personal representative determines the property to have no significant monetary or sentimental value to my children, may abandon or destroy the property, or give it to charity. All decisions of my personal representative under this section shall be binding and conclusive on all persons concerned. I District Court ❑ Denver Probate Court iS T gt4iC ED t COURT URT f • Weld County, Colorado Court Address: 901 Ninth Avenue, P.O. Box 2038, JAN 10 t Greeley, CO 80632 WELD COUN7Y,0010, 1 IN THE MATTER OF © THE ESTATE OF: """— —_ I M. MARGARET DAVIS, also known as MARGARET DAVIS, also COURT USE ONLY known as MARY MARGARET DAVIS, also known as MARY M. cle DAVIS, also known as MARY DAVIS Case Number: p8 PR © Deceased U Protected Person U Minor U Ward Division: Courtroom: LETTERS (Name) J. LaVerne Davis was appointed or qualified by this Court or its Registrar on JAN 1 0 2006 (date) as: ❑x Personal Representative. The decedent died on November 30, 2005 (date). ❑ These are Letters of Administration. (The decedent did not leave a will.) ❑O These are Letters Testamentary. (The decedent left a will.) ❑ Special Administrator in ❑ an informal ❑ a formal proceeding. These are Letters of Special Administration. ❑ Conservator. These are Letters of Conservatorship. ❑ The protected person is a minor whose date of birth is ❑ Special Conservator. ❑ Guardian. These are Letters of Guardianship for: ❑ an incapacitated person. ❑ a minor whose date of birth is • Emergency Guardian (Expires on (date), not more than 60 days after appointment per§15-14-312, C.R.S.) Appointment or qualification is by ❑ court order. ❑ will. ❑ written instrument. ❑ These Letters evidence full authority, except for the following limitations or restrictions, if any: Dated: JAN 1 0 2006 aerk e C (Deputy) or Registrar of Court CERTIFICATION Certification Stamp or Certified to be a true copy of the original in my custody and to be in full force and effect as of: f i Dated: �1�(N x (.. %c� (Deputy)CI k of Court CPC 17 R1/03 LETTERS This forms conforms in substance to CPC 17. . .. .. .. . . . . . .. .. .. .. . . . .. .. .. .. RESOLUTION WHEREAS, a public hearing was held on Wednesday, October, 27, 1971 in the chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of hearing the petition of Leonard Strear, dba Mountain View Turkey Farms, Inc., 3758 Osage Street, Denver, Colorado, requesting permission for expansion of an existing turkey farm operation on the following described property, to-wit: A parcel of land located in the East Half (E 1/2) of Section Sixteen (16), Township Three (3) North, Range Sixty-seven (67) West of the 6th P.M., Weld County, Colorado, and more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of said Sec. Sixteen (16); thence North along said Section line a distance of 5,280 feet; thence West 90° a distance of 450 feet; thence South 90° a distance of 2,480 feet; thence West 90° a distance 762.6 feet; thence South 90° a distance of 2800 feet; thence East along the South section line of said Section Sixteen (16) a distance of 1212.6 feet to the point of beginning, and WHEREAS, the petitioner was present, and WHEREAS, there was no opposition to the request of petitioner for the expansion of-an existing turkey farm operation, and WHEREAS, the said requested expansion of an existing turkey farm operation is located in an agricultural zone as set forth by the County Zoning Resolution, and WHEREAS, according to Section 3.3(3) of the Zoning Resolution of Weld County, said turkey farm operation or any expansion thereof may be authorized upon the approval of the Board of County Commissioners of Weld County, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present; has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, that the application of Leonard Strear dba Mountain View Turkey Farms, Inc., 3758 Osage Street, Denver, Colorado for an exp nsion of an existing turkey farm operation on the premises indicaced above be, and it hereby is granted under the conditions following: 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. That petitioner shall proceed with due diligence to expand said existing turkey farm operation and that he shall have up to one year from date hereof to begin construction for the expansion thereof. -PL0705 710346 3. That all applicable subdivision and zoning regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 10th day of November, 1971. BOARD OF COUNTY COMMISSIONERS WELIrCOUNTY, COLORADO c/ 1 fZ ATTEST: ent..te Clerk of thet8oard By: ,44 /4;,.4 (iJi.,. Deputy County Clerk APPROVED AS TO FORM: _7 act e County Attorney Planning Comm Mtn View Turkey 3, J,l Hello