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HomeMy WebLinkAbout20110280.tiff RESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT #374 - RANCHVIEW INVESTMENTS COMPANY, LLC 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, by Resolution dated December 13, 1978, the Board approved Use by Special Review Permit #374 for an Open Cut Mining Permit (surface coal Mining) for Imperial Coal Company, 770 Grant Street, Suite 100, Denver, Colorado 80203, on the following described real estate, to-wit: Commencing at the northeast corner of Section 14, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado; thence west along the north line of Section 13, 3,630 feet; thence south and parallel with the east line of Section 14, 1,320 feet; thence east and parallel with the north line of Section 14, 330 feet; thence south and parallel with the east line of Section 14, 3,940 feet to a point on the south line of Section 14; thence N89° 15'E along the south line of Section 14, 2,640 feet; thence north and parallel with the east line of Section 13, 3,270 feet; thence N89° 15'E, 660 feet to a point on the east line of Section 14; thence north along the east line of Section 14, 1,939 feet to the point of beginning. WHEREAS,the Board has received a request from the current property owner, Ranchview Investments Company, LLC, c/o P. Joseph Knopinski, 3279 East Otero Circle, Centennial, Colorado 80122, to vacate said Use by Special Review Permit#374 on property which has been annexed by the City of Dacono, 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 Use by Special Review Permit#374 be, and hereby is, vacated. 11111111111111111111111 III IIIII 1111111�li III II II II 1111 3756105 03115/2011 03.54P Weld County, CO 1 of 2 R 0.00 0 0.00 Steve Moreno Clerk 8,C1 Recorder 9L r\ APft 2011-0280 c� -`9- /3- 17 '11 PL1193 VACATE USR#374 - RANCHVIEW INVESTMENTS COMPANY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLeRADO ATTEST: j ittf rbara Kirkmeyer, Chair Weld County Clerk to the (. r ean P. ay, Pro-Tem BY: Cad/• . Deputy Clerk to the Boar edam . G- • P ED R : ovA CISC David E. Long County Attorney EXCUSED Douglas Rademacher Date of signature: % 111111111111111111111111III111111111111 ill 11111IIIIIIt 3756105 2 R 0.00 2D 0.00 11 03•54P 2 of Steve Moe nooClerk& Recorder 2011-0280 PL1193 1861 -2011 MEMORANDUM _I — TO: Board of County Commissioners WI E L PAC O U N T Y DATE: January 20, 2010 \[ LJ FROM: Kim Ogle, Planning Services1 SUBJECT: Request to Vacate SUP 374 Imperial Coal Company Eagle Strip Mine The Department of Planning Services received a written request from P. Joseph Knopinski representative for Ranchview Investment Company, LLC to vacate Special Use Permit No. 374, [Reception Number 1781464 in Book 859 on February 9, 1978]on January 12, 2011. This request is supported by the Department of Planning Services as the lands associated with this land use permit were annexed into the City of Dacono in 1994 and 2002, Lands south of the Union Pacific Railroad were a part of the Dacono Factory Mall Annexation, plat recorded on October 19, 1995 via Reception No. 0002411682 and the Lakes Annexation, plat recorded August 5, 2002 via Reception No. 0002799485. On behalf of Mr. Knopinski,the Department of Planning Services requests the Board of County Commissioners grant this request. c_ - ;'r J ;'7 > 9? ;:J.< _ UJ 2011-0280 Land and Districts, LLC 3279 E. Otero Circle Centennial, CO 80122 (970) 290-4826 ioek&,,landanddistricts.com January 12, 2011 Kim Ogle, Planner III Planning and Building Department Weld County 1555 N. 17th Avenue Greeley, CO 80631 Re: Special Use Permit for Eagle Strip Mine Dear Mr. Ogle: I represent Ranchview Investments Co. LLC which owns property annexed into the City of Dacono best referenced as Weld County account numbers R0361894 and R0586401. This property is encumbered with a Special Use Permit granted by the BOCC to the Imperial Coal Company in 1978 for an open cut coal mine. While the SUP was for an area much larger than my client's property, no evidence exists on his property that such a mine was ever in existence. Also the property has subsequently been annexed into the City of Dacono so they now have land use authority. Accordingly I request that the SUP be vacated so this encumbrance can be removed. The Special Use Permit for the Eagle Strip Mine was recorded at Reception Number 1781464 at Book 859 on February 9, 1978. Please let me know if there is anything further that you need to present this request to the Board of County Commissioners. Respectfully, Representing Ranchview Investment Co. LLC /s/P. Joseph Knopinski P. Joseph Knopinski Cc: Tom Barenberg, Ranchview Investment Co. 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