HomeMy WebLinkAbout790875.tiff Recorded of o'clock ...A1.M.,. -s 1979
8OO,K 867Rec. No.
3-,
State of Colorado, Weld County Clerk & Recorder
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 86 - HOME LIGHT AND
POWER COMPANY AND SCHOOL DISTRICT 6 .
WHEREAS, the Board of County Commissioners of Weld County,
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_o Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
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affairs of Weld County, Colorado, and
e
WHEREAS, the Board of County Commissioners of Weld County,
Colorado has reviewed the request of Home Light and Power Com-
o
; pany and School District 6 for an exemption from the definitions
of "subdivision" and "subdivided land" in Section 30-28-101 (10) ,
v.
T`+ CRS 1973 , as amended, and Section 2-1 of the Weld County Subdi-
1
vision Regulations , and
WHEREAS, the Board of County Commissioners finds that Home
Light and Power Company and School District 6 are the owners of
certain parcels of land located in part of the Northeast Quarter
of Section 15, Township 5 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado. School District 6 currently owns real
property which will be exchanged with certain property owned by
Home Light and Power company. The parcel of land to be acquired
by School District 6 will be the site for a proposed elementary
school. The legal descriptions of the resulting tracts of land
are as follows :
HOME LIGHT AND POWER COMPANY
Part of the East Half of Section 15 , Township
5 North, Range 66 West of the 6th P.M. , County
of Weld, State of Colorado, being more parti-
cularly described as follows :
Beginning at the Northeast Corner of said Sec-
tion 15 and considering the East line of North-
east Quarter of said Section 15 as bearing South
O1°13 ' 15" East, with all other bearings contained
herein relative thereto;
Thence South 01°13 '15" East, along said East
line, 2992 . 65 feet to a point on the centerline
of the Grapevine Irrigation Ditch;
Thence along said centerline of the Grapevine
Irrigation Ditch by the following eleven (11)
courses and distances :
North 48°59 ' 22 West, 562 . 31 feet;
North 50°55 ' 09 " West, 799 .47 feet;
North 47°42 ' 34" West, 191. 28 feet;
North 22°52 ' 51" West, 270 . 71 feet;
i �__ 790875
Room 867 1189301
North 06°25 ' 43" East, 682. 13 feet;
North 27°35 ' 33" East, 214 . 79 feet;
North 25°37 ' 00" East, 30 .28 feet;
North 13°07 ' 00" East, 82 . 80 feet;
North 05°07 ' 00" East, 150 . 00 feet;
North 00°22 ' 00" East, 90 . 80 feet;
North 16°33 ' 00" West, 141. 13 feet;
Thence North 80°52 ' 02 " East, 312. 87 feet;
Thence North 19°00 ' 00" West, 139. 80 feet;
Thence North 88°08 ' 29" East, 62 . 79 feet;
Thence South 80°00 ' 00" East, 196. 22 feet;
Thence South 01°13 ' 15" East, 908. 13 feet;
Thence North 90°00 ' 00" East, 482 .11 feet to
a point on the West ROW line of 47th Avenue;
Thence North 01°13 ' 15" West, along said West
ROW line, 897. 61 feet;
Thence North 90°00 '00" West, 307. 33 feet;
Thence North 00°00 '00" West, 199 . 96 feet (Rec .
200.00 feet) , to a point on the South ROW line
of 20th Street;
Thence South 90°00 '00" West, along said South
ROW line, 66. 38 feet;
Thence North 00°00 ' 00" East, 50. 00 feet to a
point on North line of the Northeast Quarter
of said Section 15;
Thence North 90°00 ' 00" East, 418. 40 feet along
said North line of the Northeast Quarter of
said Section 15, to the Point of Beginning.
Said described parcel of land contains 50 .605
acres , more or less , and is subject to any
rights-of-way or other easements as granted
or reserved by instruments of record or as
now existing on said described parcel of land.
SCHOOL DISTRICT 6
Beginning at the Northeast Corner of said
Section 15 and considering the East line of
the Northeast Quarter of said Section 15 as
bearing South 01°13 '15" East with all other
bearings contained herein relative thereto;
Thence South 01°13 ' 15" East along said East
line, 248 . 95 feet;
Thence South 88°46 '45" West, 50 . 00 feet to
a point on the West ROW line of 47th Avenue
to the True Point of Beginning;
Thence South 01°13 '15" East, along said West
ROW line, 897 . 61 feet;
Thence North 90°00 '00" West, 482 .11 feet;
Thence North 01°13 ' 15" West, 908 .13 feet;
Thence South 80°00 ' 00" East, 126 . 94 feet;
Thence North 00°00 '00" East, 211.48 feet to a
point on the South ROW line of 20th Street;
Thence South 90°00 ' 00" East, along said South
ROW line, 49. 98 feet;
Thence South 00°00 ' 00" East, 199 .96 feet (Rec.
200 . 00 ' ) ;
Thence North 90°00 ' 00" East, 307. 33 feet to
the True Point of Beginning.
Said described parcel of land contains 10 .186
acres , more or less , and is subject to any rights-
of-way or other easements as granted or reserved
by instruments of record or as now existing on
said described parcel of land.
- BOOK 867 1789301
33
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed
parcels be, and hereby are, declared to be exempt from the
definitions of "subdivision" and "subdivided land" as set forth
in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1
of the Weld County Subdivision Regulations , and
BE IT FURTHER RESOLVED by the Board that the resulting
parcels of land as described above be, and hereby are, considered
to be single lots.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
April, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
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ATTEST: 77a
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Weld County Clerk and Recorder
Clerk to the Boated
Deputy County C e k
.APPRO D AS TO FORM:
i
County Attorney
DATE PRESENTED: MAY 2 , 1979
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SUBDIVISION I S I 0� EXI;
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TO: Board of County Commissioners Date April 30, 1979 •
Subdivision Exemption # 86
Home Light and Power Company and
Applicant: School District 6
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972, which defines the term subdivi-
sion:
Pt . NE; Section 15, T5N, R66W
The Planning Department has reviewed this request and recommends
that the request be approved for the following reasons:
DOES DOES NOT
X Require water
X Require sewer
X Create traffic problems
Fall in flood plain
X Agree with Planning Commission policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS:
School District Six currently owns the real property described as
parcel "A" . This parcel is being exchanged with Home,Light and
Power Company for parcel "B" which is outlined with green on the
attached plat . Parcel "B" will be the site for a proposed elementary
school .
After the exchange of parcels "A" and "B" , Home Light and Power will
own all of the property described as Parcel A on the attached sheet
and outlined with red on the attached plat .
The School District has determined that Parcel "B" affords better
access as a school site and requests that approval of the subdivision
exemption be expedited since a contract has already been awarded
for the construction of the school.
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Zoning Administrator
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext . 404
Department of Planning Services, 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT/w USE ONLY:
0-0
CASE NO. SE pop APPL. FEE
ZONING DISTRICT eskke, RECEIPT NO.
DATE 4-ZS -77 APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only. except for required
signatures) :
S (we) , the undersigned hereby request that the following described pro-
perty be exempted from the definition of the terms "subdivision" or
"subdivided land" in accordance with Section 2-1 A. (3) of the Weld County
Subdivision Regulations.by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: NFt Section 15 T 5 N, R 66 W
See full descriptions of parcel "A" and "B" on sheets attached.
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No X
FEE OWNERS OF PROPERTY:
Name: School District 6 (will own parcel B)
Address: 811 15th Street , Greeley , CO Phone 352-1543
Name: Home Light and Power Co. (will own parcel A)
Address: 810 9th Street , Greeley, CO Phone 353-1144
Name:
Address: Phone
I hereby depose and state under the penalties of perjury that all state-
ments, proposals, and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
HOME LIGH D POWER COMPANY
By: � v SCHOOL DISTRICT NO. 6 , COUNTY OF
ice e ident & General Manager WELD, STATE OF COLORADO
COUNTY OF WELD )
STATE OF COLORADO) By
Signature: Owner or Authorized Agent
President, Board of Education
Subscribed and sworn to before me this 023 ncC day of Qpica 1979 .
SEAL
Notary Public
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My Commission expires:
4,
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A
. . DEPARTMENT OF PLANNING SERVICES
PHONE 1303) 356-4000 EXT. 404
915 10TH STREET
IV GREELEY, COLORADO 80631
- ,4 (O CASE NUMBER SE- 86
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN :
Home , Light & Power Company
Enclosed is an application from School District 6
for a Subdivison Exemption .
The parcel of land is described as Pt . NE4 Sec . 15 , T5N , R66W .
The location of the parcel of land for which this application has been
submitted is southwest of the intersection of 47th Avenue and
20th Street .
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 appreciate 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 April 25 , 1979 sot -that we
can complete our review before the scheduled Planning Commission
meeting . Thank you very much for your help and cooperation in this
matter .da..Assistant Zoning AdmiC,*
istrat zl
' We have reviewed the plans and find no conflict with our interests .
Signed Date
Agency
1. I
DEPARTMENT OF PLANNING SERVICES
PHONE (303 ) 356-4000 EXT. 404
915 10TH STREET
GREELEY, COLORADO 80631
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COLORADO
April 25 , 1979
Mr . Mike Geile
Home Light and Power Company
810 9th Street
Greeley , CO 80631
RE : Request for a subdivision exem- }"w ' --`$ ' -? ,�' ^''"A Aescribed
4 as Pt . NE Section 15 , T5N , R6 No. 58 2 _._ Ity ,
Colorado
RECEIPT FOR CERTIFIED MAIL
Dear Mr . Celle : "srNO INSURANCE COVERAGE PROVIDED—
NOT FOR INTER TIONAL MAIL
(See R rse)
The application and related materi of above
are complete and in order at the pi ' a
ST TAN N
meeting with the Board of County Cc 30 )ND I 30 ,
1979 , at approximately 9 : 30 a . m . ZPCODE .n the
County Commissioners ' Hearing Room POSTAGE e ��1 � cten -
nial Center , 915 10th Street , Gree ided
that you and / or a representative b W CERTIFIED E e jenta -
W SPECIAL DELIVER
tion regarding the request and to cc a. 3
might have with respect to the apy LLO W �ESTRICTEDDELIVERY a
1 U V SHOW TO WHOM AND c
W 5 > DATE DELIVERED a
CC
If you have any questions concern: < ree
SHOW TO WHOM, DATE,
to contact our office . RI a AND ADDRESS OF a
O z W DELIVERY
Respectfully
a QSHOW WHOM
DELIVERED WITH RESTRICTED a
� z O Z DELIVERY
Z SHOW TO WHOM, DATE AND
U W ADDRESS OF DELIVERY WITH C
•A"Iii1/4 gC cc RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES $
Chuck Cunliffe i f f e : POSTMARK OR DATE
Assistant Zoning Administrator a
t
csd 0
10Z/7,
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cc : Gerald E . Martens , Presiden District 6 ,
811 15th Street , Greeley , Cu u , _ a
Betsy Karowsky , Suite 550 , Greeley National Bank Plaza , Greeley ,
CO 80631
Paul Bisel , School District 6 , 811 15th Street , Greeley , CO 80631
•
PARCEL A
LEGAL DESCRIPTION
Part of the East Half (E1 ) of Section 15, Township 5 North, Range 66 West of the 6th P.M. ,
County of Weld, State of Colorado, being more particularly described as follows:
Beginning at the Northeast Corner of said Section 15 and considering the East line of NE`s
of said Section 15 as bearing South 01° 13'15" Fast, with all other bearings contained
herein relative thereto;
Thence South O1° 13'15" East, along said East line, 2992.65 feet to a point on the centerline
of the Grapevine Irrigation Ditch;
Thence along said centerline of the Grapeline Irrigation Ditch by the following eleven (11)
courses and distances:
North 48°59'22" West, 562.31 feet; North 50° 55'09" West, 799.47 feet;
North 47°42'34" West, 191.28 feet ; North 22°52'51" West, 270. 71 feet;
North 06°25'43" East, 682. 13 feet; North 27°35' 33" East, 214. 79'feet;
North 25°37'00" East, 30.28 feet; North 13°07'00" East, 82.80 feet;
North 05°07'00" East, 150.00 feet; North 00°22'00" East, 90.80 feet;
North 16°33'00" West, 141. 13 feet;
Thence NortheO°52'02" East, 312.87 feet ; Thence North 19°00'00" West, 139.80 feet;
Thence North 88°08'29" East, 62. 79 feet; Thence South 80°00'00" East, 196.22 feet;
Thence South 01° 13'15" East,908.13 feet; Thence North 90°00'00" East , 482. 11 feet to
a point on the West ROW line of 47th Avenue;
Thence North 01° 13'15" West, along said West ROW line, 897.61 feet;
Thence North 90°00'00" West, 307.33 feet; Thence North 00°00'00" West , 199.96 feet
(Rec. 200.00 feet), to a point on the South ROW line of 20th Street;
Thence South 90°00'00" West, along said South ROW line, 66. 38 feet;
Thence North 00°00'00" East, 50.00 feet to a point on North line of the NE of
said Section 15;
Thence North 90°00'00" East, 418.40 feet along said North line of the NE'/ of said Section 15,
to the Point of Beginning.
Said described parcel of land contains 50.605 acres, more or less, and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as
now existing on said described parcel of land.
•
•
•
- -
•
PARCEL B •
Beginning at the Northeast Corner (NE Cor) of said Section 15 and considering
the East line of the Northeast Quarter (NE:) of said Section 15 as bearing
South 01° 13' 157 East with all other bearings contained herein relative thereto;
Thence South 01° 13' 15" East along said East line, 248.95 feet
Thence South 88°46'45" West, 50.00 feet to a point on the West ROW line of 47th
Avenue to the True Point of Beginning; .
Thence South 01° 13'15'' East , along said West ROW line, 897.61 feet ;
Thence North 90°00'00" West, 482.11 feet;
Thence North 01° 13'15" West, 908.13 feet;
Thence South 80°00'00" East, 126.94 feet;
Thence North 00°00'00" East , 211.48 feet to a point on the South ROW line
of 20th Street;
Thence South 90°00'00" East, along said South ROW line, 49.98 feet;
Thence South 00°00'00" East, 199. 96 feet (Rec. 200.00');
Thence North 90°00'00" East, 307. 33 feet to the True Point of Beginning.
Said described parcel of land contains 10.186 acres, more or less, and is
subject to any rights-of-way or other easements as granted or reserved by
instruments of record or as now existing on said described parcel of and.
Explanation
School District Six currently owns the real property described as
parcel "A" on the map dated November 9, 1978 submitted with this
application and prepared by Freese Engineering. This parcel is
being exchanged with Home, Light and Power Company for parcel "B"
as described on the same map. Parcel "B" will he the site for
a proposed elementary school .
After the exchange of parcels "A" and "B" , Home , Light and Power
will own all of the property described at parcel A on the attached
sheet and outlined on red on the map dated November 9 , 1978.
The School District has determined that parcel "B" affords better
access as a school site and requests that approval of the subdivision
exemption be expedited since a contract has already awarded for
the construction of the school .
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WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, That we, HERMAN LeROY
JOHNSON and THELMA JOHNSON and F. W. DICKINSON and WILMA G. DICKINSON,
whose address is Greeley, County of Weld and State of Colorado, for
the consideration of other good and valuable consideration and Ten
o Dollars, in hand paid, hereby sell and convey to SCHOOL DISTRICT
• NUMBER SIX, WELD COUNTY, COLORADO, whose address is Greeley, County
O of Weld and the State of Colorado, the following real property in
rI the County of Weld and State of Colorado, to-wit:
1
A tract of land located in the Northeast Quarter (NE3)
of Section Fifteen (15) , Township Five (5) North, Range
Sixty-six (66) West of the Sixth (6th) P.M. , Weld County,
,4 Colorado, and being more particularly described as follows:
o Commencing at the Northeast Corner (NECor) of said
Section 15, and considering the North line of the
Northeast Quarter (NE3) of said Section 15 to bear
o South 90°00'00"West and with all other bearings con-
�-+ tained herein being relative thereto:
Thence South 90°00'00" West, along the North line of
the Northeast Quarter (NE1) of said Section 15, 372.00
feet; thence South 00°00 '00" West, 360.00 feet; thence
along the arc of a circular curve to the right whose
radius is 640.00 feet and whose long chord bears South
11°00'00" West, 244. 24 feet; thence South 22°00'00"
West, 150.00 feet; thence along the arc of a circular
curve to the left whose radius is 1, 113.00 feet and
whose chord bears South 21°33 '32" West, 17. 14 feet to
the True Point of Beginning;
thence continuing along said circular curve to the left
t' ' whose radius is 1, 113. 00 feet and whose chord bears South
15°03 '32" West, 234.96 feet; thence South 09°00'00" West,
541.57 feet; thence South 90°00 '00" West, 575. 77 feet to
a point on the Centerline of the Grapevine Ditch; thence
along the Centerline of said Grapevine Ditch by the follow-
ing Five (5) courses and distances :
North 06°25 '43" East, 456.40 feet;
North 27°35 '33" East, 214. 79 feet;
North 25°37 '00" East, 30.28 feet;
North 13°07 '00" East, 82. 80 feet;
North 05°07 '00" East, 10.00 feet;
thence North 90°00'00" East, 538. 17 feet to the True Point
of Beginning.
with all its appurtenances and warrant the title to the same, subject
to exceptions, reservations, easements, rights-of-way and conditions
now of record, if any.
Signed this /?T day of a*y/ , A.D. 1970.
ce-
If.(./diet; • eir `V .) ,/• (d-;'
STATE OF COLORADO )
COUNTY OF WELD ) ss .
The foregoing instrument was acknowledged before me this le.r day
of ', 1 �� , 1970, by HERMAN LeROY JOHNSON & THELMA JOHNSON and F.W.
DICK.04(344,& WILMA G. DICKINSON.
=:c ogricsitES, my hand and official seal.
tssi•��,,: My. com�ni:ssion expires: / c-c2/ ;g /911 !
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' Notary Public
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.. .. �_ �. .. .. .. •. �...:' - �..2. . Juice
AGREEMENT
THIS AGREEMENT, made and entered into this day
of April, 1979, by and between SCHOOL DISTRICT NO. 6 , OF THE
COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as
the "District" and THE HOME LIGHT AND POWER COMPANY, a Colorado
Corporation with principal offices in Greeley, Colorado, herein-
after referred to as the "Company" , WITNESSETH:
RECITALS
1. A number of years ago, the District acquired a parcel
of ground located in the Northeast Corner of Section 15, Township
5 North, Range 66 West of the 6th P.M. , Weld County, Colorado,
for a potential school site. Said parcel being more particularly
described on Exhibit A attached hereto and by reference made a part
hereof.
The passage of time, the growth of the District and the
development of the highway system in and about the City of Greeley
has made it evident that the best interests of the District in
locating a school site such as was contemplated with said Exhibit
A would best be served by acquiring a site which is presently owned
by the Company and which is located in the same Section, Township
and Range and is more particularly described on Exhibit B attached
hereto and by reference made a part hereof.
2. At the time of acquisition of Parcel A the District
also acquired right-of-way for ingress and egress. Said right-
of-way being more particularly described in Quit Claim Deed
recorded in Book 628 , Reception No. 1550321, Weld County,
Colorado records.
3. Subsequent to the acquisition of Parcel A and the
right-of-way for ingress and egress by the District as above
described, the Company acquired certain lands in said Section 15
and said lands were subject in part to a subdivision plat known
as Meadow Acres and which was filed on the 9th day of June, 1958 ,
in Book 9 , Page 76 under Reception No. 1279970 , Weld County,
Colorado records.
f
4 . The parties to this Agreement have previously
agreed as to their respective needs and the desirability of
exchanging certain parcels, of vacating dedicated streets ,
of quieting title to the right-of-way previously granted, and of
obtaining a subdivision exemption.
NOW THEREFORE, in consideration of the mutual promises
and agreements between the parties, the District and the Company
agree as follows:
A. The District will convey Parcel A, + 10 .00 acres, to
the Company as a trax free exchange on or about May 4 , 1979 or as
the parties may subsequently agree.
B. The Company will convey Parcel B, containing + 10 .186
acres to the District as a tax free exchange on or about May 4 , 1979,
or as the parties may subsequently agree.
C. The District will, at its own expense, seek to
have the Weld County Commissioners vacate the undeveloped platted
roads known as 47th Avenue Court and West 21st Street Road.
D. The District will, at its own expense, petition
the Weld County Planning Commission for the issuance of a sub-
division exemption for Parcel B (which will, after the exchange
be owned by the District) and the remainder of all land in
Section 15, Township 5 North, Range 66 West of the 6th P .M.
owned by the Company.
E. The Company will, at its own expense, institute a
quiet title action quieting title to the right-of-way quit claimed
to the District in Book 628 , Reception No. 1550321, Weld County
records which action will cover the entire right-of-way as
originally deeded.
F. In view of the circumstance that the District has
already approved the design for the new school building to be
constructed and desires to begin construction activities as close
as possible to the first day of May, 1979, the parties agree that
the exchange above described will take place on or about May 4 ,
1979, or as soon thereafter as is practicable, but that the
District may have possession of the parcel to be received by it
7'
-2-
from the Company for the purpose of commencing construction of
its contemplated school building, if it should come to pass that
such possession must be granted prior to the time that exchange
of parcels between the parties to this Agreement is accomplished.
IN WITNESS WHEREOF, the parties to this Agreement have
caused the same to be duly executed by its duly authorized officers.
SCHOOL DISTRICT NO. 6 , County of
Weld, State of Colorado
By:
President, Board of Education
ATTEST:
Secretary
HOME LIGHT AND POWER COMPANY
By:
Vice President
ATTEST:
Asst. Secretary
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FIELD CHECK ^
FILING NUMBER: St P (p DATE OF INSPECTION: 4JZCo/l19
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File contains
oversized map
Please see original file
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